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Home Source documents Meeting Packet — Commerce Committee, Sumner Hall (February 10, 2026)

Meeting Packet — Commerce Committee, Sumner Hall (February 10, 2026)

Summary

Meeting packet of the House of Representatives Commerce Committee for Tuesday, February 10, 2026, 12:30 PM to 3:30 PM in Sumner Hall (404 HOB), with James Buchanan named alongside the title Chair. The meeting notice lists CS/HB 33, HB 99, CS/CS/HB 189 on gambling, CS/HB 387 and other bills, plus a proposed committee substitute (PCS) for HB 885, Transportation Facility Designations. The bill analysis for CS/HB 33 says the bill designates transportation facilities for memorial purposes and directs the Florida Department of Transportation (FDOT) to erect suitable markers. The analysis for HB 99 says the bill exempts certain underwriting managers who manage reinsurers' facultative risks from licensure requirements. The packet closes with the PCS for HB 885, whose last section sets a July 1, 2026 effective date.

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

Cite this document

“Meeting Packet — Commerce Committee, Sumner Hall (February 10, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-10-3285-commerce-committee-meeting-packets-fn-com-2-10-26-c47af1c270/, SHA-256 6e7748748bea4b5f041e96d4d96aff8a8b233e3b9eb17b647b10ea70a62c9184.

Full text

               Commerce Committee
                Tuesday, February 10, 2026
                   12:30 PM - 3:30 PM
                  Sumner Hall (404 HOB)




                     Meeting Packet




Daniel Perez                                 James Buchanan
Speaker                                                Chair
                                         Committee Meeting Notice
                                               HOUSE OF REPRESENTATIVES




                                                  Commerce Committee

Start Date and Time:                Tuesday, February 10, 2026 12:30 PM

End Date and Time:                  Tuesday, February 10, 2026 03:30 PM

Location:                           Sumner Hall (404 HOB)
Duration:                           3.00 hrs


Consideration of the following bill(s):

CS/HB 33 Transportation Facility Designations by Economic Infrastructure Subcommittee, Porras, Weinberger
HB 99 Reinsurance Intermediary Managers by Gentry
CS/CS/HB 189 Gambling by Criminal Justice Subcommittee, Industries & Professional Activities
Subcommittee, Trabulsy
CS/HB 387 Automatic Dependent Surveillance Broadcasts by Intergovernmental Affairs Subcommittee,
Bankson, Kendall
HB 465 Community Association Management by Nix, Basabe
CS/HB 679 Registration of Trademarks by Industries & Professional Activities Subcommittee, Greco
HB 767 Residential Property Insurance by Benarroch
CS/HB 797 Nonprofit Corporations by Civil Justice & Claims Subcommittee, Tuck
HB 929 Local Government Regulation of Chickees by Cobb, Gentry
CS/HB 1137 Deductions for Certain Losses of Alcoholic Beverages by Ways & Means Committee, Robinson,
W., Overdorf
HB 1307 Unauthorized Aliens by Jacques, Michael
CS/HB 1343 Insurance Customer Representative Licensing Qualifications by Insurance & Banking
Subcommittee, Hodgers


Consideration of the following proposed committee substitute(s):

PCS for HB 885 -- Transportation Facility Designations




                               NOTICE FINALIZED on 02/06/2026 4:43PM by Marks.Amie


 02/06/2026     04:43:07PM                                  Leagis ®                                        Page 1 of 1
HB 33
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 33                                                        COMPANION BILL: SB 174 (Rodriguez)
TITLE: Transportation Facility Designations                             LINKED BILLS: None
SPONSOR(S): Porras and Weinberger                                       RELATED BILLS: None
Committee References
             Economic Infrastructure                                                                     Commerce
                  11 Y, 4 N, As CS                                     

SUMMARY
Effect of the Bill:
The bill designates transportation facilities in Florida for memorial purposes and directs the Florida Department of
Transportation (FDOT) to erect suitable markers for each designation.

Fiscal or Economic Impact:
The bill will have an insignificant negative impact on government expenditures.


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ANALYSIS
EFFECT OF THE BILL:
The bill requires the Florida Department of Transportation (FDOT) to erect suitable markers for the following
transportation facility designations:

Charlie Kirk Memorial Avenue
That portion of S.R. 985/S.W. 107th Avenue between S.W. 24th Street and S.R. 90/S.W. 8th Street in Miami-Dade
County is designated as “Charlie Kirk Memorial Avenue.” (Section 1)

President Donald J. Trump Boulevard
That portion of S.R. 870/Commercial Boulevard between W Tradewinds Avenue and the eastern terminus of
Commercial Boulevard in Broward County is designated as “President Donald J. Trump Boulevard.” (Section 1)

The bill provides an effective date of July 1, 2026. (Section 2)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. In 2025, FDOT estimated a
cost of $2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200
per sign. 1 Therefore, the bill has an estimated negative fiscal impact of $4,800 to the State Transportation Fund.
This cost can be absorbed within existing FDOT resources.




1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.

13, 2025).
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DATE: 2/6/2026
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                                                                                                                                 CS/HB 33
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and may not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listing. 2

Transportation Facility Markers
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate. 3 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected. 4

Charlie Kirk
Charlie Kirk was the founder of Turning Point USA, the largest conservative youth organization in America. Kirk
was named to the Forbes “30 under 30” list and served as the opening speaker at the 2020 Republican National
Convention. 5 Kirk was a #1 New York Times best-selling author and had an extremely large platform, with more
than 1 million people per day listening, streaming, or watching the “Charlie Kirk Show.” 6 He was assassinated while
speaking at a public event at Utah Valley University on September 10, 2025.

President Donald J. Trump
Donald J. Trump served as the 45th President of the United States of America and is currently serving as the 47th
President of the United States of America. In 2019, President Trump made Palm Beach, Florida, his permanent
residence. 7
                                                          BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
 COMMITTEE REFERENCE                                ACTION                      DATE             POLICY CHIEF           PREPARED BY
IEconomic Infrastructure                         11 Y, 4 N, As CS             2/4/2026              Keating                Dallas
 Subcommittee
 THE CHANGES ADOPTED BY THE                 Added a designation for a portion of Commercial Boulevard in Broward County
 COMMITTEE:                                 as “President Donald J. Trump Boulevard.”
 Commerce Committee                                                                       Hamon             Dallas


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




2 S. 334.071(1), F.S.
3 S. 334.071(2), F.S.
4 S. 334.071(3), F.S.
5 Turning Point USA, Our Founder, https://tpusa.com/meetthefounder/ (last visited Jan. 30, 2026).
6 Id.
7 Trump changes primary residence from New York to Florida, AP News (October 31, 2019) https://apnews.com/united-states-

government-4b2348352075475992dcdcbd8880ece6 (last visited Feb. 4. 2026).
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           CS/HB 33                                                                                              2026




    1                                         A bill to be entitled
    2              An act relating to transportation facility
    3              designations; providing honorary designations of
    4              certain transportation facilities in specified
    5              counties; directing the Department of Transportation
    6              to erect suitable markers; providing an effective
    7              date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.         Transportation facility designations;
12         Department of Transportation to erect suitable markers.—
13                 (1)     That portion of S.R. 985/S.W. 107th Avenue between
14         S.W. 24th Street and S.R. 90/S.W. 8th Street in Miami-Dade
15         County is designated as "Charlie Kirk Memorial Avenue."
16                 (2)     That portion of S.R. 870/Commercial Boulevard between
17         W. Tradewinds Avenue and the eastern terminus of Commercial
18         Boulevard in Broward County is designated as "President Donald
19         J. Trump Boulevard."
20                 (3)     The Department of Transportation is directed to erect
21         suitable markers designating the transportation facilities as
22         described in this section.
23                 Section 2.         This act shall take effect July 1, 2026.




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                                                                                                                hb33-01-c1
HB 99
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 99                                                           COMPANION BILL: SB 394 (Leek)
TITLE: Reinsurance Intermediary Managers                                LINKED BILLS: None
SPONSOR(S): Gentry                                                      RELATED BILLS: None
Committee References
               Insurance & Banking                                                                       Commerce
                     15 Y, 0 N                                         

SUMMARY
Effect of the Bill:
The bill exempts from licensure requirements certain underwriting managers who manage reinsurers’ facultative
risks, which is a type of reinsurance in which each individual risk, such as a specific vehicle or home, is separately
negotiated and covered. This exemption applies only if the facultative reinsurance business managed by the
underwriting manager is less than 10% of the assumed annual gross written premium of the reinsurer.

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


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ANALYSIS
EFFECT OF THE BILL:
The bill exempts underwriting managers from the reinsurance intermediary manager licensing requirements if
those underwriting managers manage facultative risks for a reinsurer and the facultative reinsurance business
managed by the underwriting manager is less than 10% of the assumed annual gross written premium of the
reinsurer. (Section 1).

Currently, facultative reinsurance focuses on an insurer passing on individual risks to the reinsurer, with each risk
being separately negotiated and covered. It often involves smaller volumes and more oversight by the reinsurer (as
they need to approve coverage for each individual risk).

The bill provides an effective date of July 1, 2026. (Section 3).

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate economic impact, as it will allow certain firms to operate as reinsurance
intermediary managers without having to obtain a producer license.




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                                                                                                                      HB 99
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Reinsurance
Reinsurance is a contract between a reinsurer and an insurer, in which the insurance company (known as the
“cedent”) transfers risk to the reinsurance company – who assumes all or part of one or more insurance policies
issued by the cedent. 1 Reinsurance is commonly referred to as “insurance for insurance companies.” 2
Reinsurance contracts may be negotiated directly between the insurer and reinsurer, or they may use a third party
to enter into these arrangements – either a reinsurance broker or a reinsurance intermediary. 3 The main types of
reinsurance are treaty and facultative.

Treaty Reinsurance
Treaty reinsurance allows an insurance company to transfer a portfolio of risks to a reinsurer. Treaty reinsurance
implicates a broad, automatic coverage of classes of risk, rather than reinsurance of individual policies on a case-
by-case basis. 4

Facultative Reinsurance
In facultative reinsurance, the insurer presents a specific risk to a reinsurer. 5 The submission includes information
about the risk so that the reinsurer can conduct a thorough underwriting assessment. 6 The reinsurer can then
accept or decline the risk, and if they accept it, set the terms and pricing. 7 Unlike blanket agreements that cover
multiple policies with different risk levels and characteristics, facultative reinsurance allows for more precise
pricing and for terms that reflect the actual risk being covered. 8 Reinsurers are not obligated to accept all risks
offered to them. 9

Reinsurance Intermediary Managers
A reinsurance intermediary manager is a person that a reinsurer authorizes to run or make decisions about some
or all of its reinsurance business. Florida law defines reinsurance intermediary manager as “any person who has
authority to bind, or manages all or part of, the assumed reinsurance business of a reinsurer, including the
management of a separate division, department, or underwriting office, and acts as a representative for the
reinsurer whether known as a reinsurance intermediary manager, manager, or other similar term.” 10

The following persons are not considered reinsurance intermediary managers for licensing purposes: 11
   • an employer of the reinsurer;
   • a manager of the United States branch of an alien reinsurer;
   • an underwriting manager which, pursuant to the contract, manages all the reinsurance operations of the
        reinsurer, is under common control with the reinsurer, subject to the holding company act, and whose
        compensation is not based on the volume of premiums written; or



1 National Association of Insurance Commissioners (NAIC), Reinsurance (Oct. 24, 2025), https://content.naic.org/insurance-

topics/reinsurance (last visited Jan. 29, 2026).
2 Id.
3 Id.
4 International Risk Management Institute (IRMI), Treaty Reinsurance, https://www.irmi.com/term/insurance-

definitions/treaty-reinsurance (last visited Jan. 29, 2026).
5 International Risk Management Institute (IRMI), Facultative Reinsurance, https://www.irmi.com/term/insurance-

definitions/facultative-reinsurance (last visited Jan. 29, 2026).
6 Id.
7 Id.
8 Id.
9 Id.
10 S. 626.7492(2)(g), F.S.
11 Id.

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                                                                                                                             2
                                                                                                               HB 99
    •    the manager of a group, association, pool, or organization of insurers which engage in joint underwriting or
         joint reinsurance and who are subject to examination by the insurance regulatory authority of the state in
         which the manager’s principal business office is located.

Under current law, a reinsurance intermediary manager must be a licensed producer. 12 Additionally, the
Department of Financial Services (DFS) may require a reinsurance intermediary manager to file a bond from an
insurer in an amount acceptable to DFS for the protection of the reinsurer, and maintain an errors and omissions
insurance policy in an amount acceptable to DFS. 13

Reinsurance intermediary managers also require an appointment from an insurer, and DFS may refuse, suspend,
or revoke the appointment for the same grounds as they could for any other insurance representative under the
Florida Insurance Code. 14

Reinsurance intermediary managers are subject to examination by DFS and must allow DFS access to all books,
bank accounts, and records of the reinsurance intermediary in a form usable to DFS. 15 A reinsurance intermediary
manager may be examined as if it were the reinsurer. 16

Current law authorizes DFS to issue reinsurance intermediary licenses, but does not require DFS to do so. 17 In
2023, the Bureau of Licensing, a unit of the Division of Insurance Agent and Agency Services within DFS, issued a
memo notifying the industry that they would no longer offer licensing for Reinsurance Intermediary Brokers and
Managers. 18 Instead, firms wanting to act as a reinsurance intermediary would be required to hold an insurance
agency license and a Reinsurance Intermediary Broker or Reinsurance Intermediary Manager appointment. 19

Producers
A producer is an insurance agent or agents or any other person who aids in soliciting, negotiating, or procuring the
making of any insurance contract on behalf of an insured other than the person. 20 In the context of reinsurance
intermediaries, a producer may be a licensed agent, broker, or a person who has an insurance agency license that is
appointed as a reinsurance intermediary. 21

To obtain a reinsurance intermediary manager, DFS requires an agency license. 22 To obtain an agency license, a
person must have an agent-in-charge who is licensed and appointed in at least one of the following lines of
authority: 23
    • General Lines.
    • Health and Life including Variable Annuity.
    • Health and Life.
    • Health.
    • Life Including Variable Annuity.

12 S. 626.7492(3)(b), F.S.
13 S. 626.7492(2)(c), F.S.
14 S. 626.7492(3)(f), F.S.
15 S. 626.7492(10)(a), F.S.
16 S. 626.7492(10)(b), F.S.
17 S. 626.7492(3)(d), F.S.
18 DFS, Reinsurance Intermediary Brokers and Managers Appointment – Firms, (July 1, 2023),

https://www.myfloridacfo.com/docs-sf/insurance-agents-and-agency-services-libraries/agents-docs/licensure/agents-
adjusters/00-65-68-firm-reinsurance-broker-manager-license.pdf?sfvrsn=6dbd95be_8 (last visited Feb. 5, 2026).
19 Id.
20 S. 626.7491, F.S.
21 S. 626.7492, F.S.
22 Department of Financial Services, supra note 18.
23 Department of Financial Services, Resident and Non-Resident Insurance Agency License, https://myfloridacfo.com/docs-

sf/insurance-agents-and-agency-services-libraries/agents-docs/licensure/agents-adjusters/21-05-insurance-agency-
license.pdf?sfvrsn=141e2e51_6 (last visited Jan. 30, 2026).
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                                                                                                                          3
                                                                                                           HB 99
     •   Life.
     •   Personal Lines.
     •   Surplus Lines.

The applicant must then submit a completed application on the DFS website and get fingerprinted. 24

                                               BILL HISTORY
                                                                                  STAFF
                                                                                DIRECTOR/          ANALYSIS
COMMITTEE REFERENCE                        ACTION                DATE          POLICY CHIEF      PREPARED BY
Insurance & Banking                        15 Y, 0 N           2/3/2026          Brackett           Miguez
Subcommittee
Commerce Committee                                                                 Hamon              Miguez




24 Id.

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           HB 99                                                                                                2026




    1                                         A bill to be entitled
    2              An act relating to reinsurance intermediary managers;
    3              amending s. 626.7492, F.S.; revising the definition of
    4              the term "controlling person" to make technical
    5              changes and the term "reinsurance intermediary
    6              manager" to exclude certain underwriting managers;
    7              reenacting s. 626.022(1)(a), F.S., relating to scope
    8              of part, to incorporate the amendment made to s.
    9              626.7492, F.S., in a reference thereto; providing an
10                 effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.         Paragraphs (b) and (g) of subsection (2) of
15         section 626.7492, Florida Statutes, are amended to read:
16                 626.7492          Reinsurance intermediaries.—
17                 (2)     DEFINITIONS.—As used in this section:
18                 (b)     "Controlling person" means having the direct or
19         indirect power, as a any person, firm, association, or
20         corporation, who directly or indirectly has the power to direct
21         or cause to be directed, the management, control, or activities
22         of the reinsurance intermediary.
23                 (g)     "Reinsurance intermediary manager" means any person
24         who has authority to bind, or manages all or part of, the
25         assumed reinsurance business of a reinsurer, including the

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                                                                                                                    hb99-00
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        HB 99                                                                                                2026




26      management of a separate division, department, or underwriting
27      office, and acts as a representative for the reinsurer whether
28      known as a reinsurance intermediary manager, manager, or other
29      similar term. Notwithstanding the above, none of the following
30      persons is a reinsurance intermediary manager with respect to
31      the reinsurer for the purposes of this section:
32              1.      An employee of the reinsurer;
33              2.      A manager of the United States branch of an alien
34      reinsurer;
35              3.      An underwriting manager which, pursuant to contract,
36      manages all the reinsurance operations of the reinsurer, is
37      under common control with the reinsurer, subject to the holding
38      company act, and whose compensation is not based on the volume
39      of premiums written.
40              4.      The manager of a group, association, pool, or
41      organization of insurers which engage in joint underwriting or
42      joint reinsurance and who are subject to examination by the
43      insurance regulatory authority of the state in which the
44      manager's principal business office is located.
45              5.      An underwriting manager which manages assumed
46      facultative risks for a reinsurer if the facultative reinsurance
47      business managed by the underwriting manager is less than 10
48      percent of the assumed annual gross written premium of the
49      reinsurer.
50              Section 2.         For the purpose of incorporating the amendment

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        HB 99                                                                                                2026




51      made by this act to section 626.7492, Florida Statutes, in a
52      reference thereto, paragraph (a) of subsection (1) of section
53      626.022, Florida Statutes, is reenacted to read:
54              626.022       Scope of part.—
55              (1)     This part applies as to insurance agents, service
56      representatives, adjusters, and insurance agencies; as to any
57      and all kinds of insurance; and as to stock insurers, mutual
58      insurers, reciprocal insurers, and all other types of insurers,
59      except that:
60              (a)     It does not apply as to reinsurance, except that ss.
61      626.011-626.022, ss. 626.112-626.181, ss. 626.191-626.211, ss.
62      626.291-626.301, s. 626.331, ss. 626.342-626.511, ss. 626.541-
63      626.591, and ss. 626.601-626.711 shall apply as to reinsurance
64      intermediaries as defined in s. 626.7492.
65              Section 3.         This act shall take effect July 1, 2026.




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                                                                                                                 hb99-00
CS/CS/HB 189
                                    FLORIDA HOUSE OF REPRESENTATIVES
                                              BILL ANALYSIS
      This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 189                                                   COMPANION BILL: None
TITLE: Gambling                                                        LINKED BILLS: None
SPONSOR(S): Trabulsy                                                   RELATED BILLS: None
Committee References
    Industries & Professional                                Criminal Justice                                       Commerce
            Activities                                      13 Y, 4 N, As CS                   
         13 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill strengthens penalties for illegal gambling and related advertisements, authorizes the operation of fantasy
sports contests, clarifies employee prohibitions governing the Florida Gaming Control Commission, revises
reporting requirements related to changes in ownership for pari-mutuel wagering permitholders, defines and
provides criminal penalties for “Internet gambling” and “Internet sports wagering,” defines certain crimes to
include “internet” related activity, allows certain veterans’ service organizations to petition the Florida Gaming
Control Commission for a declaratory statement on the legality of certain games or machines, and preempts local
governments from regulating gaming activities unless expressly provided in Florida law.

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


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ANALYSIS
EFFECT OF THE BILL:
Florida Gaming Control Commission
The bill requires the Florida Gaming Control Commission (Commission) to include the following information in its
annual report: the number of investigations that led to criminal charges being filed and the resolution of such
criminal case; the number of complaints received by the Commission and a summary of the action taken on each
complaint by the Commission; and a list of property seized by the Commission during the course of investigations,
and the disposition of such property, including a list of forfeiture actions. (Section 1)

Commissioner and Commission Employee Restrictions
The bill revises the restrictions on Commissioners and Commission employees that prohibit certain types of
employment and business activities immediately before and for 2 years after service with the Commission, to
prohibit being an employee, owner, or contractor for any entity that conducts an activity regulated, enforced, or
investigated by the Commission, including fantasy sports contests and other betting activities. (Sections 2 and 3)

Amusement Games
The bill provides a procedure that allows certain veterans’ service organizations that also hold an alcoholic
beverage license issued by the Department of Business and Professional Regulation to petition the Commission for
a declaratory statement on whether a machine meets the definition of an amusement machine under Florida’s
Family Amusement Games Act. The Commission must issue a declaratory statement under s. 120.565, F.S., on
whether the operation of the game or machine would be authorized under s. 546.10, F.S., or ch. 849, F.S. This
includes games or machines that are currently on the premises. However, if the game, machine, premises, or

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                                                                                                       CS/CS/HB 189
organization is the subject of an ongoing criminal investigation, the organization is not allowed to petition the
Commission. (Section 4)

The bill:
   • Requires the Commission to issue a declaratory statement within 60 days after receiving a petition.
   • Prohibits the Commission from denying a petition.
   • Requires such petitions provide enough information for the Commission to issue the declaratory statement
        and be accompanied by the exact specifications for the type of game or machine that the organization will
        purchase or install or currently has on the premises.
   • Specifies that such declaratory statements are valid only for the game or machine for which they are
        requested and are invalid if the specifications for the game or machine change.
   • Provides that the declaratory statement is binding on the Commission and can be introduced in any
        subsequent proceedings as evidence of a good faith effort to comply with s. 546.10, F.S., or chapter 849, F.S.
   • Specifies that these provisions do not prevent the Commission or any other criminal justice agency from
        detecting, apprehending, and arresting a person for alleged crimes.
   • Specifies that an owner or operator is not required to request a declaratory statement prior to operation.
        (Section 4)

Pari-Mutuel Wagering
The bill removes the 5 percent ownership interest threshold for inclusion as an “ultimate equitable owner,” which
must be reported to the Commission based on a change in ownership of a pari-mutuel permit, so that all changes in
ownership will now require reporting. (Sections 5 and 6)

Escheated Harness Horse and Thoroughbred Horse Permits
The bill removes the authority of the Commission to reissue escheated harness horse and thoroughbred horse
permits for failure of the permitholder to pay the required tax on handle for live performances. (Sections 7 and 8)

Bribery in Athletic Contests
The bill makes it a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S., for
anyone who stakes, bets, or wagers any money or other thing of value upon the result of any professional or
amateur game, contest, match, race, or sport with knowledge that the results of such professional or amateur game,
contest, match, race, or sport are prearranged or predetermined. (Section 9)

Keeping Gambling Houses
The bill increases penalties from a second degree misdemeanor to a third degree felony for violations related to
keeping a gambling house, and adds penalties for habitual offenders. (Section 10)

Agents or Employees of Keepers of Gambling Houses
The bill increases the penalty for violations of being an agent or employee of a keeper of a gambling house from a
second degree misdemeanor, to:
    • For a first offense, a misdemeanor of the first degree, punishable by up to one year in county jail and a
        $1,000 fine (first degree misdemeanor).
    • For a second offense, a felony of the third degree, punishable by up to five years in prison and a $5,000
        fine (third degree felony).
    • For a third or subsequent offense, a felony of the second degree, punishable by up to 15 years in prison
        and a $10,000 fine (second degree felony). (Section 11)

Renting a Gambling House
The bill increases the penalties for renting a gambling house from a second degree misdemeanor, to:
   • For a first offense, a third degree felony.
   • For a second or subsequent offense, a second degree felony. (Section 12)


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Gambling
The bill defines the terms “Internet gambling” and “Internet sports wagering,” and provides associated penalties,
as follows:
    • “Internet gambling” means “to play or engage in any game in which money or other thing of value is
        awarded based on chance, regardless of any application of skill, that is available on the Internet and
        accessible on a mobile device, computer terminal, or other similar access device and simulates casino-style
        gaming, including, but not limited to, slot machines, video poker, and table games.”
            o A violation of an internet gambling offense is a second degree misdemeanor, punishable as
                provided in s. 775.082, F.S., or s. 775.083, F.S.
    • “Internet sports wagering” means “to use a platform that is available on the Internet and accessible on a
        mobile device, computer terminal, or other similar access device to stake, bet, or wager any money or other
        thing of value upon the result of any trial or contest of skill, speed, power, or endurance of human or beast.”
            o A first violation of an internet sports wagering offense is a second degree misdemeanor, punishable
                as provided in s. 775.082, F.S., or s. 775.083, F.S.
            o A second or subsequent violation of an internet sports wagering offense is a first degree
                misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. (Section 13)

The bill strengthens penalties for persons in charge of Internet gambling or Internet sports wagering operations,
including anyone operating, conducting, promoting, or receiving anything of value for such activities, by increasing
the penalty to a third degree felony, punishable as provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084, F.S.
This does not apply to people participating in authorized gaming activities under an Indian gaming compact or
pari-mutuel wagering activities. (Section 13)

Cardrooms
The bill makes it a felony of the third degree, punishable by up to five years in prison and a $5,000 fine, if a person,
by physical tampering or by use of any object, instrument, or device, whether mechanical, electrical, magnetic, or
involving other means, manipulates or attempts to manipulate playing cards for the purpose of affecting the
outcome or payoff of a card game in a licensed cardroom, or otherwise manipulates or attempts to manipulate the
outcome or payoff of such a card game. (Section 14)

Fantasy Sports Contests
The bill authorizes fantasy sports contests to operate in Florida if they meet certain requirements, and provides
civil and criminal penalties for violations. Specifically, the bill:
    • Defines "fantasy sports contest" as a contest in which a participant pays an entry fee and manages a fantasy
        or simulation sports team composed of athletes from a professional sports organization with the
        opportunity to win a cash prize. The term includes a simulation sports game.
    • Requires fantasy sports contests to meet the following requirements:
             o Prizes and awards for the winning participants are established and disclosed to contest participants
                before entry.
             o All winning outcomes reflect the relative knowledge and skill of the fantasy sports contest
                participant.
             o All winning outcomes are determined predominantly by accumulated statistical results of the
                performance of more than one individual.
             o A winning outcome may not be based on:
                     The score, point spread, or performance of a team or combination of teams.
                     The single performance of an individual in a single event or a pari-mutuel event, as the term
                        "pari-mutuel" is defined in s. 550.002, F.S., as of January 1, 2026.
                     A game of poker or other card game.
                     The performance of participants in collegiate, high school, or youth sporting events.
             o Casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-style
                symbols, cards, dice, craps, roulette, or lotto, may not be displayed or depicted.
    • Makes violations punishable by a fine of $1,000 in addition to civil and criminal penalties.

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    •   Provides that an operator or owner of any website, platform, or application that offers fantasy sports
        contests in violation of this section is punishable by a fine of up to $100,000 per violation.
    •   Requires the Commission to investigate and refer violations for prosecution.
    •   Authorizes the Attorney General or state attorney to institute proceedings to enjoin any person found to be
        violating this section.
    •   Makes willful and knowing violations, other than violations committed by a specified operator or owner, a
        first degree misdemeanor.
    •   Makes it a third degree felony for an operator or owner of any website, platform, or application to offer
        fantasy sports contests in violation of this section. (Section 15)

Games of Chance by Lot
The bill makes playing games of chance by lot by the use, at least in part, of the Internet, a second degree
misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. (Section 16)

The bill makes it a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S., to:
   • Set up, operate, conduct, promote, or receive in any manner whatsoever any money or other thing of value
        offered for the purpose of conducting games of chance by lot;
   • Knowingly become the custodian or depositary of any money or other thing of value so offered; or
   • Aid, assist, abet, or influence in any manner in any such acts. (Section 16)

Subsequent Lottery Offenses
The bill revises the first degree misdemeanor penalty for subsequent offenses of lottery convictions to specify that
second or subsequent violations for which there is no penalty specified must have the offense reclassified to an
offense of the next higher degree, instead of an automatic first degree misdemeanor, and adds penalties for
habitual offenders. (Section 17)

The bill also specifies that for purposes of sentencing, a felony offense that is reclassified under this provision is
ranked one level above the ranking under s. 921.0022, or s. 921.0023, F.S., of the felony offense committed.
(Section 17)

Betting on Trials or Contests of Skill
The bill revises the third degree felony for anyone who stakes, bets, or wagers any money or other thing of value
upon the result of any trial or contest of skill, to add penalties for habitual offenders. (Section 18)

Exempted Activities
The bill repeals a redundant section of law that exempts certain types of gaming from criminal violations and
penalties under the state gambling law. These activities – conduct approved in the 2021 Compact, amusement
games, pari-mutuel games, slot machine games, cardroom games, and bingo games – are authorized separately in
Florida laws. (Section 19)

Slot Machines
The bill increases penalties for operators of businesses that manufacture, sell, or possess illegal slot machines, as
follows:
    • Creates the following graduated scale of criminal penalties:
            o Makes it a first degree misdemeanor, for general violations.
            o Makes it a third degree felony, for violations if:
                     At the time of the violation, the person was a person of authority; or
                     The person has one prior conviction for a violation.
            o Makes it a second degree felony, for violations if:
                     At the time of the violation, the person was a person of authority; and
                     The violation involves five or more slot machines or devices; or
                     The person has two or more prior convictions for a violation. (Section 20)
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    •   Defines:
            o "Conviction" as a determination of guilt that is the result of a plea or a trial, regardless of whether
               adjudication is withheld or a plea of nolo contendere is entered.
            o "Person of authority" as a person who, at any business, establishment, premises, or other location at
               which a slot machine or device is offered for play:
                    Has actual authority to act on behalf of the business, establishment, premises, or other
                      location; or
                    Is an officer, director, or managing member of the business, establishment, premises, or
                      other location. (Section 20)

Trafficking Slot Machines
The bill prohibits trafficking in slot machines or devices. Specifically, the bill creates a first degree felony for
knowingly selling, purchasing, manufacturing, transporting, delivering, or bringing into this state more than 15 slot
machines or devices or any part thereof, and provides the following schedule of fines for violations:
   • $100,000 fine, if the offense involved more than 15, but less than 25 slot machines or devices or any parts
        thereof.
   • $250,000 fine, if the offense involved 25 or more, but less than 50 slot machines or devices or any parts
        thereof.
   • $500,000 fine, if the offense involved 50 or more slot machines or devices or any parts thereof. (Section 21)

The bill directs all fines imposed and collected pursuant to this section to be deposited into the Pari-mutuel
Wagering Trust Fund and used by the Commission for the enforcement of chapters 546, 550, 551, and 849, F.S.
(Section 21)

Making False or Misleading Statements Regarding Legality of Slot Machines
The bill makes it a third degree felony to knowingly and willfully make a materially false or misleading statement
or disseminate false or misleading information regarding the legality of a slot machine or device for the purpose of
facilitating the sale or delivery of a slot machine or device. (Section 22)

The bill makes it a second degree felony if a violation involves five or more slot machines or devices. (Section 22)

Catchall Criminal Penalties
The bill repeals a catchall provision for many of the crimes related to gambling because the bill creates penalties in
each individual criminal section. (Section 23)

Transporting Persons to Facilitate Illegal Gambling
The bill creates the following penalties for transporting certain persons to facilitate illegal gambling:
   • First degree misdemeanor, for knowingly and willfully transporting, or procuring the transportation of,
        five or more other persons into or within this state when a person knows or reasonably should know such
        transportation is for the purpose of facilitating illegal gambling.
   • Third degree felony, if the violation includes:
            o The transport, or procurement of transportation of:
                     A minor or a person 65 years of age or older; or
                     12 or more persons.
            o A second or subsequent violation within a two-year period. (Section 24)

The bill defines the term “illegal gambling” as any criminal violation of chapters 546, 550, 551, or 849, F.S., that
occurs at any business, establishment, premises, or other location. (Section 24)

Gambling Advertisements
The bill prohibits a person from knowingly and intentionally making, publishing, disseminating, circulating, or
placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or
placed before the public in this state, in any manner, whether in person or by the use, at least in part, of the
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Internet, any advertisement circular, bill, poster, pamphlet, list, schedule, announcement, or notice for the purpose
of promoting or facilitating illegal gambling. (Section 25)

The bill prohibits setting up any type or plate for any type of advertisement, circular, bill, poster, pamphlet, list,
schedule, announcement, or notice when the person knows or reasonably should know that such material will be
used for the purpose of promoting or facilitating illegal gambling. (Section 25)

Under the bill, a first offense is a first degree misdemeanor and a second or subsequent offense is a third degree
felony. (Section 25)

The bill specifies that it does not prohibit the printing of any advertisement, circular, bill, poster, pamphlet, list,
schedule, announcement, or notice to be used for the purpose of promoting or facilitating gambling conducted in
any other state or nation, outside of this state, where such gambling is not prohibited. (Section 25)

Preemption
The bill prohibits a county, municipality, or other political subdivision of the state from enacting or enforcing any
ordinance or local rule relating to gaming, gambling, lotteries, or any activities described in s. 546.10, F.S., or ch.
849, F.S., except as otherwise expressly provided by the State Constitution, general law, or special law. (Section 26)

Criminal Punishment Code
The bill amends the criminal punishment code to increase the offense severity ranking chart (OSRC) ranking for
specified gaming offenses, such as offenses related to lotteries, and ranks newly created offenses, such as offenses
related to internet gambling or sports wagering, fantasy sports, transporting persons to facilitate illegal gambling,
and trafficking in slot machines. (Section 27)

Effective Date
The effective date of the bill is October 1, 2026. (Section 30)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The fiscal impact to state government is indeterminate. Creating new gaming offenses, increasing penalties for
specified current gaming offenses, and listing specified gaming offenses on the OSRC, may result in:
   • An increase in state expenditures related to:
             o Additional admissions to jail and prison facilities and offenders serving longer terms of
                 incarceration in such facilities.
             o Administration and enforcement, which can likely be handled within existing resources.
   • An increase in state revenues for the state governmental entities that receive proceeds from the collection
        of fines.

The Commission may experience an increase in revenues resulting from increased confiscation of contraband. The
bill requires all fines imposed and collected for violations of trafficking in slot machines or devices to be deposited
into the Pari-mutuel Wagering Trust Fund and authorizes the use of such funds by the Commission for the
enforcement of certain gaming chapters 546, 550, 551, and 849, F.S.

LOCAL GOVERNMENT:
The fiscal impact to local government is indeterminate. The bill may have an indeterminate positive impact on the
jail bed population by creating new gaming offenses, increasing penalties for specified current gaming offenses,
and listing specified gaming offenses on the OSRC, which may result in increased admissions to jail facilities and
offenders serving longer terms of incarceration in such facilities.



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The bill also creates new criminal fines for specified violations relating to illegal gambling. This may create a
positive fiscal impact to local governmental entities that receive proceeds from the related fines. This may also
create a negative fiscal impact to those entities relating to administration of enforcement.

PRIVATE SECTOR:
The bill may help to prevent or reduce illegal gambling, which may protect vulnerable populations and reduce
secondary criminal activity, including money laundering, drug trafficking, and violent crime.

Requiring fantasy sports contest operators to meet certain requirements in order to operate, and subjecting them
to civil and criminal penalties for violations, may result in a negative fiscal impact to such operators.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Gambling in Florida
Gambling is generally prohibited in Florida, unless specifically authorized. Gambling is defined in Florida law as
playing or engaging in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device
whatever, for money or other thing of value. 1 The standard jury instructions for criminal cases in Florida provide
that in order to prove the crime of gambling, the state must prove the following three elements beyond a
reasonable doubt: 2
    • Playing or engaging in a game of chance.
    • Risking money or property on the outcome of the game.
    • Expecting to gain or lose money or property as a result of the game.

Gambling in Florida is highly regulated, and wagers on games that are not specifically authorized by law are
considered illegal.

Section 7, Art. X, of the Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted
in Florida.

Slot machines that are not operated by a licensed pari-mutuel facility or in accordance with a tribal compact or
specific law are illegal in Florida.

Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house, engaging in bookmaking,
and running a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-
operated lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and Broward
Counties.

The following gaming activities are also authorized by law and regulated by the state:
   • Pari-mutuel 3 wagering; 4
   • Gaming on tribal reservations in accordance with the federal Indian Gaming Regulatory Act and the 2021
        Gaming Compact with the Seminole Tribe of Florida;



1 S. 849.08, F.S.
2 The Florida Bar, Criminal Jury Instructions Chapter 22, 22.1 Gambling, https://www.floridabar.org/rules/florida-standard-

jury-instructions/criminal-jury-instructions-home/criminal-jury-instructions/sji-criminal-chapter-22/ (last visited Jan. 8,
2026).
3 “Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount

bet, after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with
regard to the odds assigned to particular outcomes. See s. 550.002(22), F.S.
4 See ch. 550, F.S., relating to the regulation of pari-mutuel activities.

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    •    Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and Broward County; 5
         and
    •    Cardrooms 6 at certain pari-mutuel facilities.

Under the Florida Contraband Forfeiture Act, 7 gambling proceeds, paraphernalia, and property may be seized as
contraband. For example, a vehicle used for transporting an illegal slot machine is subject to seizure. 8

Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante games, 9 bingo, 10
charitable drawings, 11 game promotions (sweepstakes), 12 bowling tournaments, 13 and skill-based amusement
games and machines at specified locations. 14

Florida Gaming Control Commission
The Commission is a five-member regulatory body that is responsible for exercising all regulatory and executive
powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, slot machine facilities,
oversight of gaming compacts, and other forms of gambling authorized by the State Constitution or law, excluding
the state lottery. 15 The Commission is also the State Compliance Agency responsible for monitoring compliance
with the provisions of the Gaming Compact between the Seminole Tribe of Florida and the State of Florida. 16

The Division of Gaming Enforcement (Division) is a criminal justice agency 17 tasked with the enforcement of
Florida's gambling laws to combat illegal gambling activities. 18 While every law enforcement officer in the state of
Florida has the authority to make arrests for violations of Florida’s gambling laws, the Division is the first law
enforcement agency whose primary responsibility is investigating illegal gambling. 19

Illegal Gambling
According to reports, illegal gambling operations targeting vulnerable aging populations in Florida are increasing.
The activity has especially grown since the pandemic with an “explosion of illegal gambling lounges opening up
with unregulated slot machines.” 20

According to the Commission, “some of them register as amusement arcades through the Department of Revenue,
which means they're acting like a Dave and Buster's or a Chuck E. Cheese, but in reality, they're offering illegal
gambling devices such as slot machines. If the game has any element of chance built into it, under Florida statute,
it's considered an illegal gambling device. They have the ability to dial up the winnings to entice play. Once they get


5 See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
6 S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything

of value and to which the public is invited to participate in such games and charged a fee for participation by the operator of
such facility.”
7 Ss. 932.701-932.7062, F.S., comprise the Florida Contraband Forfeiture Act.
8 S. 849.36, F.S.
9 S. 849.085, F.S.
10 S. 849.0931, F.S.
11 S. 849.0935, F.S.
12 S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
13 S. 849.141, F.S.
14 S. 546.10, F.S.
15 See ss. 16.71-16.716, F.S.
16 S. 285.710, F.S.
17 S. 16.711(1), F.S.
18 Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, pg. 6, https://flgaming.gov/pmw/annual-

reports/docs/2022-2023%20FGCC%20Annual%20Report.pdf (last visited Jan. 8, 2026).
19 Florida Gaming Control Commission, Gaming Enforcement, https://flgaming.gov/enforcement/ (last visited Jan. 8, 2026).
20 Jordan Brown, Florida seniors warned to be cautious of shady slot machines, FOX 13 Tampa Bay (May 23, 2023),

https://www.fox13news.com/news/illegal-gambling-operations-in-florida-re-targeting-aging-populations (last visited Jan. 8,
2026).
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a packed house, they dial down the winnings to almost zero. Then at that point, they're just stealing and using
predatory practices and taking money from Florida's senior population.” 21

In 2023, the Commission investigated several illegal slot machine businesses operating in the state, and found
that: 22
    • The scope of the problem is much larger than initially anticipated.
    • There are significant adverse harms associated with the activity.
    • Successfully shutting down such businesses will require collaborative and coordinated efforts.
    • Obstacles will continue to evolve but can be overcome.

According to the Commission, during the 2023-2024 fiscal year, the Commission received over 2,000 complaints of
unauthorized, illegal, or otherwise criminal gaming activities. These illegal gaming activities include backroom
poker games, illegal slot machines and casinos, and illegal sports betting websites that fail to pay out wagers. 23

The Commission participated in the following enforcement activities from the past fiscal year:24
   • Nearly 1,000 illegal slot machines seized (with nearly 1,200 more to date in FY 2024-2025);
   • More than $3.3 million of illicit funds seized (with nearly $700,000 more to date in FY 2024-2025);
   • More than a dozen illegal casinos closed; and
   • Outreach and ongoing collaboration with dozens of local, state, and federal law enforcement agencies.

Commission Annual Report
By December 1 of each year, the Commission is required to make an annual report to the Governor, the President
of the Senate, and the Speaker of the House of Representatives. The report must include, in part, a summary of
actions taken and investigations conducted by the Commission. 25

Commission Appointment and Employment Restrictions
Commissioners and Commission employees are restricted from certain activities for two years before and after
their appointment or employment with the Commission. The restricted activities include:26
    • Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
        authorized gaming, or an officer, official, employee, or equitable owner 27 of such permitholder or licensee;
    • Being an officer, official, employee, other person with duties or responsibilities, contractor, or ultimate
        equitable owner relating to a gaming operation owned by an Indian tribe that has a valid and active
        compact with the state;
    • Being a registered lobbyist for the executive or legislative branch, except while a commissioner or
        employee of the commission when officially representing the commission or while employed by a state
        agency during the normal course of employment; or
    • Being a bingo game operator or an employee of a bingo game operator.




21 Id.
22 Florida Gaming Control Commission, Presentation to the House Regulatory Reform & Economic Development

Subcommittee, (Oct. 17, 2023).
23 Florida Gaming Control Commission, Gaming Enforcement Investigations and Actions, Annual Report 2023-2024, at pg. 8,

https://flgaming.gov/pmw/annual-reports/docs/2023-2024-FGCC-Annual-Report.pdf (last visited Jan. 8, 2026).
24 Id.
25 S. 16.712(3)(h), F.S.
26 S. 16.713(2)(a), F.S.
27 S. 550.002(37), F.S., defines “ultimate equitable owner” as a “natural person who, directly or indirectly, owns or controls 5

percent or more of an ownership interest in a corporation, foreign corporation, or alien business organization, regardless of
whether such person owns or controls such ownership through one or more natural persons or one or more proxies, powers
of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or
any combination thereof.”
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Commission Standards of Conduct
Commissioners, Commission employees, and certain family members are restricted from certain activities during
service or employment and for 2 years after service or employment. The restricted activities, in part, include: 28
    • Employment or business activities: While employed, and for 2 years after service as a Commissioner or
        for 2 years after employment with the Commission, a Commissioner or an employee may not accept any
        form of employment with or engage in any business activity with any business entity that, either directly or
        indirectly, owns or controls any person regulated by the Commission; any person regulated by the
        Commission; or any business entity that, either directly or indirectly, is an affiliate or subsidiary of any
        person regulated by the Commission.
    • Financial interests: While employed, and for 2 years after service as a Commissioner or for 2 years after
        employment with the Commission, a Commissioner, an employee, or a relative living in the same household
        as a Commissioner or an employee may not have any financial interest, other than shares in a mutual fund,
        in any person regulated by the Commission; in any business entity that, either directly or indirectly, owns
        or controls any person regulated by the Commission; or in any business entity that, either directly or
        indirectly, is an affiliate or a subsidiary of any person regulated by the Commission. If a Commissioner, an
        employee, or a relative living in the same household as a Commissioner or an employee acquires any
        financial interest prohibited by this subsection during the Commissioner’s term of office or the employee’s
        employment with the Commission as a result of events or actions beyond the Commissioner’s, the
        employee’s, or the relative’s control, he or she shall immediately sell such financial interest.

Former Commissioners and Employees
Commissioners are prohibited, for the 2 years immediately following the date of resignation or termination,
from: 29
   • Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
         authorized gaming, or an officer, official, employee, or equitable owner of such permitholder or licensee.
   • Being employed or compensated by anyone regulated by the Commission or by a business entity or trade
         association that has been a party to a Commission proceeding within the 2 years preceding the member’s
         resignation or termination of service on the Commission; or
   • Being a bingo game operator or an employee of a bingo game operator.

Commission employees are also prohibited from, for the 2 years immediately following the date of termination or
resignation from employment with the Commission, the following activities:30
    • Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
       authorized gaming, or an officer, official, employee, or equitable owner of such permitholder or licensee.
    • Being a bingo game operator or an employee of a bingo game operator.

Amusement Games
The Family Amusement Games Act governs the operation of amusement games and machines, and distinguishes
them from casino-style gambling. 31 The games or machines must be operated for bona fide entertainment of the
general public, activated by certain currency, coin, card, coupon, slug, or token, operated by skill with no material
element of chance inherent in the game or machine, and the person playing or operating the game or machine
controls the outcome of the game. 32

The game or machine cannot include games like slot machines or other casino-style games. 33 The law also sets a
maximum value for redemption prizes and requires the Department of Revenue to annually adjust this value based
on inflation.

28 S. 16.715(1)(b), F.S.
29 S. 16.715(2)(b), F.S.
30 S. 16.715(3)(c), F.S.
31 See s. 546.10, F.S.
32 S. 546.10(3)(a), F.S.
33 Id.

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An action to enjoin the operation of a game or machine for violations may be brought only by: 34
   • The Attorney General, the state attorney for the circuit in which the game or machine is located, a federally
        recognized tribal government possessing sovereign powers and rights of self-governance which is a party
        to a compact with the state, or in the case of an alleged violation of statutes that it is charged with
        enforcing, the Department of Agriculture and Consumer Services or the Department of Business and
        Professional Regulation; or
   • A substantially affected person who is a resident of the county where the place of business operating the
        game or machine is located, or any substantially affected person who has a business or residence within 5
        miles of the place of business operating the game or machine.

In addition to other civil, administrative, and criminal sanctions, initial violations are a second degree
misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S., and a second violation is a first degree
misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. A person who violates this section after
having been twice convicted is deemed a common offender and commits a third degree felony, punishable as
provided in s. 775.082, F.S., s. 775.083, F.S., or s. 775.084, F.S. 35

Pari-mutuel Wagering
The Florida Pari-mutuel Wagering Act (Act) 36 provides specific permitting and licensing requirements for the
conduct of the pari-mutuel industry. 37 Pari-mutuel wagering activities are limited to operators who have received
a permit from the Division, which is then subject to ratification by county referendum. 38 Permitholders apply for an
operating license annually to conduct pari-mutuel wagering activities. 39 Certain permitholders are also authorized
to operate cardrooms 40 and slot machines at their facility. 41

The Act generally requires that any transfer or assignment of a permit receive prior approval 42 by the Commission,
which must determine the eligibility43 of persons and entities to hold a permit. Similarly, if a permit is held by a
corporation or business entity other than an individual, the transfer of 10 percent or more of the stock or other
evidence of ownership or equity in the permitholder may not be made without the prior approval of the transferee
by the Commission. 44

Ultimate Equitable Owner
“Ultimate equitable owner” is defined as “a natural person who, directly or indirectly, owns or controls 5 percent
or more of an ownership interest in a corporation, foreign corporation, or alien business organization, regardless
of whether such person owns or controls such ownership through one or more natural persons or one or more
proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or
other entities or devices, or any combination thereof.” 45




34 S. 546.10(8), F.S.
35 S. 546.10(9), F.S.
36 Ch. 550, F.S.
37 S. 550.054(1), F.S.
38 S. 550.054(2), F.S.
39 S. 550.0115, F.S.
40 S. 849.086, F.S.
41 S. 551.104, F.S.
42 There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit

converted to a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such
conversions are prohibited. See s. 550.054(15)(d), F.S.
43 See s. 550.1815, F.S.
44 S. 550.054(11)(b), F.S.
45 S. 550.002(37), F.S.

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Changes in Ownership Requirements
A pari-mutuel wagering permit may not be transferred or assigned except upon written approval by the
Commission, except that the holder of any permit that has been converted to a jai alai permit may lease or build
anywhere within the county in which its permit is located. 46 The requirements are based on percentages of
changes in ownership interest, as follows:
   • If a permit is held by a corporation or business entity other than an individual, the transfer of 10 percent or
       more of the stock or other evidence of ownership or equity in the permitholder may not be made without
       the prior approval of the transferee by the Commission. 47
   • Changes in ownership or interest of a pari-mutuel permit of 5 percent or more of the stock or other
       evidence of ownership or equity in the permitholder must be approved by the Commission prior to such
       change, unless the owner is an existing owner of that permit who was previously approved by the
       Commission. 48
   • Changes in ownership or interest of a pari-mutuel permit of less than 5 percent shall be reported to the
       Commission within 20 days of the change. The Commission may then conduct an investigation to ensure
       that the permit is properly updated to show the change in ownership or interest. 49

Escheated Harness Horse Permits
Currently, the tax on handle for live harness horse performances is 0.5 percent of handle per performance. 50 The
permit of a harness horse permitholder who is conducting live harness horse performances and who does not pay
tax on handle for any such performances conducted during any 2 consecutive state fiscal years is void and may not
be reissued unless such failure to operate and pay tax on handle was the direct result of fire, strike, war, hurricane,
pandemic, or other disaster or event beyond the ability of the permitholder to control. Financial hardship does not
constitute just cause for failure to operate and pay tax on handle. 51

The Commission is authorized to reissue an escheated harness horse permit to a qualified applicant for the
issuance of an initial permit without having to satisfy the referendum requirements for a pari-mutuel permit. As
specified in the application and upon approval by the Commission, the new permitholder is authorized to operate a
harness horse facility anywhere in the same county in which the escheated permit was authorized to be operated,
notwithstanding the provisions of s. 550.054(2), F.S., relating to mileage limitations. 52

Escheated Thoroughbred Permits
Currently, the tax on handle for thoroughbred horserace performances is 0.5 percent of handle per performance. 53
The permit of a thoroughbred permitholder who is conducting thoroughbred performances and who does not pay
tax on handle for any such performances conducted during any 2 consecutive state fiscal years is void and may not
be reissued unless such failure to operate and pay tax on handle was the direct result of fire, strike, war, hurricane,
pandemic, or other disaster or event beyond the ability of the permitholder to control. Financial hardship does not
constitute just cause for failure to operate and pay tax on handle. 54

The Commission is authorized to reissue an escheated thoroughbred horse permit to a qualified applicant for the
issuance of an initial permit without having to satisfy the referendum requirements for a pari-mutuel permit. As
specified in the application and upon approval by the Commission, the new permitholder is authorized to operate a
thoroughbred horse facility anywhere in the same county in which the escheated permit was authorized to be
operated, notwithstanding the provisions of s. 550.054(2), F.S., relating to mileage limitations. 55

46 S. 550.054(11)(a), F.S.
47 S. 550.054(11)(b), F.S.
48 S. 550.054(12), F.S.
49 Id.
50 S. 550.09512(2)(a), F.S.
51 S. 550.09512(3)(a), F.S.
52 S. 550.09512(3)(b), F.S.
53 S. 550.09515(2)(a), F.S.
54 S. 550.09515(3)(a), F.S.
55 S. 550.09515(3)(b), F.S.

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Bribery in Athletic Contests
Currently, bribery in athletic contests is a third degree felony. The law applies to: 56
   • Anyone who gives, promises, or offers a bribe, money, goods, or any valuable thing with the intent to
       influence a participant, official, owner, manager, coach, trainer, or relative of a participant to lose or cause
       to be lost any game, contest, match, race, or sport, or to limit the margin of victory, or to fix or throw any
       game;
   • Any participant or prospective participant in any professional or amateur game, contest, match, race or
       sport, including officials, owners, coaches, trainers, or their relatives.

Keeping a Gambling House
Currently, it is a second degree misdemeanor to keep a gambling house. 57 Specifically, a person is guilty of this
offense if he or she:
    • Habitually keeps, exercises, or maintains, for the purpose of gaming or gambling: 58
        o A gaming table or room;
        o Gaming implements;
        o Gaming apparatus; or
        o A house, booth, tent, shelter, or other place.

Such penalty also applies to:
   • Agents or employees of a keeper of a gambling house. 59
   • Anyone renting a house for gambling purposes. 60

Gambling
Currently, it is a second degree misdemeanor, punishable as provided in s. 775.082, F.S., or s. 775.083, F.S., to play
or engage in any game at cards, keno, roulette, faro or other game of chance, at any place or by any device, for
money or other thing of value. 61

Cardrooms
Currently, cardrooms are authorized at certain pari-mutuel facilities. 62 Under current law, notwithstanding any
other provision of law, a pari-mutuel permitholder (other than a limited thoroughbred permitholder) may not be
issued a license for the operation of a cardroom if the permitholder did not hold an operating license for the
conduct of pari-mutuel wagering for Fiscal Year 2020-2021. 63 An initial cardroom license may be issued to a pari-
mutuel permitholder only after its facilities are in place and after it conducts its first day of pari-mutuel activities
on live racing or games. 64

A licensed pari-mutuel permitholder that holds a valid pari-mutuel permit may hold a cardroom license
authorizing the operation of a cardroom and the conduct of authorized games at the cardroom. 65 An authorized


56 S. 838.12, F.S.
57 S. 849.01, F.S. A second degree misdemeanor is punishable by up to 60 days in jail and a fine up to $500. Ss. 775.082 and

775.083, F.S.
58 S. 849.01, F.S.; Ferguson v. State, 377 So. 2d 709, 711 (Fla. 1979) (requiring an element of "habitualness" for a conviction

under s. 849.01, F.S.).
59 S. 849.02, F.S.
60 S. 849.03, F.S.
61 S. 849.08, F.S.
62 S. 849.086, F.S.; S. 849.086(2)(c), F.S., defines “cardroom” to mean a facility where authorized games are played for money

or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the
operator of such facility.
63 S. 849.086(5), F.S.
64 Id.
65 Ss. 849.086(5) and (6), F.S.

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game is a game or series of games of poker or dominoes. 66 Such games must be played in a non-banking manner, 67
where the participants play against each other, instead of against the house (cardroom).

Prohibited activities of cardrooms include the following:68
   • Conducting any banking game or game not specifically authorized, or any game that violates the exclusivity
       provided in the gaming compact.
   • Allowing persons under 18 years of age to hold a cardroom or employee license, or engage in any game.
   • Allowing electronic or mechanical devices, except mechanical card shufflers to be used to conduct any
       authorized game in a cardroom.
   • Allowing cards, game components, or game implements to be used in playing an authorized game unless
       such has been furnished or provided to the players by the cardroom operator.

Fantasy Sports Contests
Generally, fantasy sports contests are any of a number of games that permit a person to pay an entry fee and play
either a virtual game or a virtual season of a sport based on the performance statistics of real sports players. The
player acts as both general manager and field manager of their team by building a roster through a draft and
trades. Players make lineups in pursuit of statistically beating other players. The term “commissioner” has been
used in the context of fantasy leagues to denote a person who manages a fantasy league, establishes league rules,
resolves disputes over rule interpretations, publishes league standings, or selects the Internet service for
publication of league standings. 69

Daily fantasy sports contests are an accelerated version of fantasy sports contests, which are played across a
shorter period of time. For example, daily fantasy contests may be played over a single week in a season, rather
than the entire season. Daily fantasy contests are typically played as "contests" which require an entry fee. The fee
funds an advertised prize pool from which the fantasy contest operator (such as FanDuel or DraftKings) takes a
percentage as revenue. 70 The legality of daily fantasy contests has been challenged in many states and jurisdictions,
with some critics arguing that the contests more closely resemble proposition wagering on athlete performance
than traditional fantasy contests.

Legality of Fantasy Sports Contests in Florida
Florida law does not specifically address fantasy sports contests. Currently, there is no constitutional, statutory, or
regulatory framework expressly allowing for fantasy contests to be conducted in Florida. Moreover, Florida courts
have not addressed whether Florida’s constitutional and statutory prohibitions on gambling apply to fantasy
contests. Florida’s Attorney General has opined in the past that certain fantasy contests appear to violate state
gambling laws. 71

Current law provides that a stake, bet, or wager of money or another thing of value placed "upon the result of any
trial or contest of skill, speed, power, or endurance of human or beast" is unlawful. Receiving money or acting as
the custodian or depositary of money as part of such a stake, bet, or wager is also unlawful. 72

Florida's anti-bookmaking law defines bookmaking as "the act of taking or receiving, while engaged in the business
or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or
endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance,

66 See s. 849.086(2)(a), F.S.
67 Id.
68 S. 849.086(12), F.S.
69 See Bernhard & Eade, Gambling in a Fantasy World: An Exploratory Study of Rotisserie Baseball Games, 9 UNLV Gaming

Research & Review Journal Issue 1, at 30, at http://digitalscholarship.unlv.edu/grrj/vol9/iss1/3/ (last visited Jan. 8, 2026).
70 Adam Kilgore, The Washington Post, Daily fantasy sports Web sites find riches in Internet gaming law loophole, (Mar. 27,

2015) https://www.washingtonpost.com/sports/daily-fantasy-sports-web-sites-find-riches-in-internet-gaming-law-
loophole/2015/03/27/92988444-d172-11e4-a62f-ee745911a4ff_story.html, (last visited Jan. 8, 2026).
71 91-03 Fla. Op. Att'y Gen. (1991).
72 S. 849.14, F.S.

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casualty, unknown, or contingent event whatsoever." 73 The law includes factors that are to be considered evidence
of bookmaking, including charging a percentage on accepted wagers, receiving more than five wagers in a day, and
receiving over $500 in total wagers in a single day or over $1500 in a single week. 74

On January 8th, 1991, the Florida Attorney General (AG) provided an advisory legal opinion 75 regarding whether
participation in a fantasy sports league violated Florida's gambling laws. The opinion concluded that the operation
of a fantasy league would violate s. 849.14, F.S., and that since the fantasy sports league's entry fee was used to
make up the prizes, it qualified as a "stake, bet, or wager" under Florida law. 76 The AG stated that, "while the skill of
the individual contestant picking the members of the fantasy team is involved, the prizes are paid to the
contestants based upon the performance of the individual professional football players in actual games." 77

The AG concluded that contests in which the skill of the contestant predominates over the element of chance, such
as in certain sports contests, are not prohibited lotteries. As an example, he noted that golf and bowling
tournaments were contests of skill and were not prohibited. He considered that "it might well be argued that skill
is involved in the selection of a successful fantasy team by requiring knowledge of the varying abilities and skills of
the professional football players who will be selected to make up the fantasy team." 78

Recently, the Commission has issued cease and desist correspondence to various companies operating fantasy
contests in the state concerning possible violations of Florida’s gambling laws. The letters have generated
controversy, concern, and interest from contest operators, elected officials, and the Seminole Tribe of Florida,
which has entered into gaming compacts with the state. 79

Legality of Fantasy Sports in Federal Law
The federal Unlawful Internet Gambling Enforcement Act of 2006 80 (UIGEA) prohibits the processing of certain
online financial wagering to prevent payment systems from being used in illegal online gambling. The UIGEA
prohibits gambling businesses from knowingly accepting payments in connection with a "bet or wager" that
involves the use of the Internet and that is unlawful under any federal or state law.

The UIGEA expressly states that participation in fantasy or simulation sports contests is not included in the
definition of “bet or wager” 81 when certain conditions are met. For purposes of the UIGEA, participation in a
fantasy or simulation sports contest is not a bet or wager when:
    • Prizes and awards offered to winning participants are established and made known in advance of the game
        or contest and the value is not determined by the number of participants or amount of fees paid by the
        participants.
    • Winning outcomes reflect the relative knowledge and skill of the participants and are determined
        predominantly by accumulated statistical results of the performance of individuals.
    • Winning outcomes are not based on the score, point spread, or any performance of any single sports team
        or combination of such teams or solely on a single performance of an individual athlete in a single sporting
        event.



73 S. 849.25, F.S.
74 S. 849.25(1)(b), F.S.
75 91-03 Fla. Op. Att'y Gen. (1991).
76 Creash v. State, 131 Fla. 111, 118 (Fla. 1938).
77 91-03 Fla. Op. Att'y Gen. (1991).
78 Id. Also, a 1990 Florida Attorney General advisory legal opinion provides that a golf hole-in-one contest, which is an exercise

of skill, with an entry fee where such fee does not go toward the purse or prize does not violate the state’s gambling laws. 90-
58 Fla. Op. Att’y Gen. (1990).
79 Florida Trend, Questions Swirl Around Fantasy Sports, https://www.floridatrend.com/article/38854/questions-swirl-

around-fantasy-sports (last visited Jan. 8, 2026).
80 31 U.S.C. § 5361-5366 (2006).
81 31 U.S.C. § 5362(1) (2006).

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Contest operators argue that they are legal under the UIGEA. In Humphrey v. Viacom, Inc., the court determined that
because the entry fee was paid "unconditionally," the owner did not participate, and the prizes were guaranteed
and determined in advance, the fantasy contest entry fees were not "wagers" under the act. 82 However, although
the UIGEA exempts fantasy and simulation sports contests from the application of the UIGEA, it does not make such
contests legal generally. The UIGEA does not change or preempt any other federal or state law. As expressed in the
Rule of Construction in the UIGEA, "no provision of this subchapter shall be construed as altering, limiting, or
extending any federal or state law or tribal-state compact prohibiting, permitting, or regulating gambling within
the United States." 83 Therefore, any other state or federal law could apply.

The federal Illegal Gambling Business Act of 1970 (IGBA) 84 defines an "illegal gambling business" as a gambling
business that is in violation of the law of the state in which it is conducted, involves five or more persons who
conduct or manage all or part of such business, and that has been in continuous operation for a period of more than
30 days or has a gross revenue of $2000 in a single day. The IGBA specifically exempts savings promotion raffles
and bingo games, lotteries, or other games of chance operated by certain non-profit corporations. 85 An employee
or company that has violated the IGBA is subject to penalties including fines, forfeiture of profits and assets, and
imprisonment for up to 5 years.

Fantasy Sports Contests in the 2021 Gaming Compact
The Seminole Indian Tribe of Florida (the Tribe) is a federally recognized Indian tribe whose reservations and trust
lands are located in the State. A Gaming Compact between the Tribe and the State of Florida was executed by
Governor Ron DeSantis and the Tribe on April 23, 2021 (the 2021 Compact). The 2021 Compact was approved by
the U.S. Department of the Interior on August 6, 2021, and became effective upon the publication of notice in the
Federal Register on August 11, 2021. 86

Under the 2021 Compact, "fantasy sports contest" means a fantasy or simulation sports game or contest offered by
a contest operator or a noncommercial contest operator in which a contest participant manages a fantasy or
simulation sports team composed of athletes from a professional sports organization and that meets each of the
following requirements:
    • All prizes and awards offered to winning contest participants are established and made known to the
        contest participants in advance of the game or contest.
    • All winning outcomes reflect the relative knowledge and skill of the contest participants and are
        determined predominantly by accumulated statistical results of the performance of individuals, including
        athletes in the case of sporting events.
    • No winning outcome is based on the score, point spread, or any performance or performances of any single
        actual team or combination of such teams, solely on any single performance of an individual athlete or
        player in any single actual event, on a pari-mutuel event, as the term "pari-mutuel" is defined in s. 550.002,
        Florida Statutes, as of January 1, 2021, on a game of poker or other card game, or on the performances of
        participants in collegiate, high school, or youth sporting events.
    • No casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols,
        cards, dice, craps, roulette, or lotto, are displayed or depicted.

The 2021 Compact allows the Tribe to offer fantasy sports contests at all their facilities. However, the 2021
Compact does not include fantasy sports contests in the games for which the Tribe is granted exclusivity to conduct
in the state.




82 Humphrey v. Viacom, Inc., 2007 WL 1797648 (D.N.J. June 20, 2007).
83 31 U.S..C. § 5361(b) (2006).
84 18 U.S.C. § 1995 (1970).
85 See 26 U.S.C. § 501.
86 Fed. Register, Vol. 86, No. 153 at 44037.

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Games of Chance by Lot
Currently, it is a second degree misdemeanor to set up, promote or play any game of chance by lot or with dice,
cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of
value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest. 87

Subsequent Lottery Offenses
Currently, it is a first degree misdemeanor to be convicted of a subsequent offense forbidden by law in connection
with lotteries. 88

Betting on Trials or Contests of Skill
Currently, it is a third degree felony for anyone who: 89
   • Stakes, bets, or wagers any money or other thing of value upon the result of any trial or contest of skill,
       speed or power or endurance of human or beast;
   • Receives in any manner whatsoever any money or other thing of value staked, bet, or wagered, or offered
       for the purpose of being staked, bet, or wagered, by or for any other person upon any such result;
   • Knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or
       wagered upon any such result; or
   • Aids, assists, abets, or influences in any manner in any of such acts.

Exempted Activities
Currently, gaming conducted under the 2021 Compact, amusement games, pari-mutuel games, slot machine games,
cardroom games, and bingo games, are exempt from violations and penalties under the state gambling law. 90

Slot Machines
In Florida, a slot machine is defined as a machine or device that: 91
    • Is activated by inserting something of value (money, coin, account number, code, or other object or
        information);
    • Is caused to operate or operated by a user by application of skill, element of chance, or other outcome
        that is unpredictable to the user; and
    • The user receives or is entitled to receive something of value or additional chances or rights to use the
        device or machine.

There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is
used to display images of games of chance and is part of a scheme involving any payment or donation of money or
its equivalent and awarding anything of value. 92

Slot machines are only authorized in licensed pari-mutuel facilities located in Miami-Dade and Broward counties
and on tribal property. 93 At any location other than licensed pari-mutuel facilities, it is a violation to “manufacture,
own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or
to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of any slot machine or device or
any part thereof.” 94




87 S. 849.11, F.S.
88 S. 849.13, F.S.
89 S. 849.14, F.S.
90 S. 849.142, F.S.
91 S. 849.16(1), F.S.
92 S. 849.16(3), F.S.
93 S. 551.101, F.S.
94 S. 849.15(1)(a), F.S.

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A person who violates the prohibitions 95 against manufacturing, selling, or possessing slot machines or devices
commits a: 96
   • Second degree misdemeanor upon a first conviction. 97
   • First degree misdemeanor upon a second conviction. 98
   • Third degree felony upon a third or subsequent conviction, and the person is deemed a “common
       offender.” 99

Unlicensed slot machines are illegal in Florida and are considered “contraband.” Relating to contraband, Florida
law specifies, “the right of property in and to any [illegal slot machine or device] and to all money and other things
of value therein, is declared not to exist in any person, and…shall be forfeited…to the county in which the seizure
was made.” 100

Florida law also provides that all sums of money and other value used, displayed in, or connected with illegal
gambling or an illegal gambling device contrary to the laws of this state shall be forfeited. 101

Pursuant to the federal Johnson Act, Florida law allows the shipment of gaming devices including slot machines
into this state provided the destination of the shipment is an eligible slot machine facility, or the facility of a slot
machine manufacturer or slot machine distributor. 102

Preemption
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred. 103 To expressly preempt a subject area, the Legislature must
use clear statutory language stating its intention to do so. 104 Implied preemption occurs when the Legislature has
demonstrated an intent to preempt an area, though not expressly. Florida courts find implied preemption when
“the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong
public policy reasons exist for finding such an area to be preempted by the Legislature.” 105

Where state preemption applies, a local government may not exercise authority in that area. 106 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void. 107

Criminal Punishment Code
The Criminal Punishment Code (Code) applies to all felony offenses, except capital felonies, committed on or after
October 1, 1998. 108 Noncapital felonies sentenced under the Code receive an offense severity level ranking (Levels


95 S 849.15, F.S. – 849.22, F.S.
96 S. 849.23, F.S.
97 A second degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine. Ss. 775.082 or 775.083, F.S.
98 A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
99 A third degree felony is punishable by up to five years in prison and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
100 S. 849.19, F.S.
101 S. 849.12, F.S.
102 S. 849.15(2), F.S.
103 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So.

2d 1011, 1018 (Fla. 2d DCA 2005).
104 Mulligan, 934 So. 2d at 1243.
105 Tallahassee Mem. Reg. Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, 831 (Fla. 1st DCA 1996).
106 D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of

Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
107 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
108 S. 921.002, F.S.

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1-10), either by being specifically listed in the OSRC 109 or by default. 110 Judges must use the Code worksheet to
compute a sentence score for each felony offender. 111

Sentence points are assigned and accrue based on the level ranking assigned to the primary offense, additional
offenses, and prior offenses. 112 Sentence points increase as the offense severity level increases from Level 1 (least
severe) to Level 10 (most severe). Sentence points may be added for victim injury, and increase based on the type
of injury and severity. 113 Sentence points may also be added or multiplied for other factors including possession of
a firearm or the commission of certain offenses, such as drug trafficking. 114 If an offense is unlisted on the OSRC,
the Code provides a ranking based on felony level. 115 For example, an unranked third degree felony is a level 1
offense. 116

If total sentence points equal or are less than 44 points, the lowest permissible sentence is any nonstate prison
sanction, unless the court determines that a prison sentence is appropriate. If total sentence points exceed 44
points, the lowest permissible sentence in prison months is calculated by subtracting 28 points from the total
sentence points and decreasing the remaining total by 25 percent. 117 Absent mitigation, 118 the permissible range
under the Code is generally the lowest permissible sentence scored up to and including the maximum penalty
provided under s. 775.082, F.S. 119

The OSRC ranks the following third degree felony gaming violations as a Level 1 offense: 120
   • Set up, promote, or conduct any lottery for money or for anything of value; 121
   • Dispose of any money or other property of any kind whatsoever by means of any lottery; 122
   • Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such
      lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone,
      or otherwise; 123
   • Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by
      writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any
      lottery or lottery drawing; 124 and
   • Engaging in bookmaking. 125




109 S. 921.0022, F.S.
110 S. 921.0023, F.S., addresses ranking unlisted felony offenses. For example, an unlisted felony of the third degree is ranked

within offense level 1.
111 S. 921.0024, F.S.
112 Id.
113 Id.
114 Id.
115 S. 921.0023, F.S.
116 Id.
117 S. 921.0022(2), F.S.
118 The court may “mitigate” or “depart downward” from the scored lowest permissible sentence if the court finds a mitigating

circumstance. Section 921.0026, F.S., provides a list of mitigating circumstances.
119 S. 921.0022(2), F.S.
120 S. 921.022(3)(a), F.S.
121 S. 849.09(1)(a)-(d), F.S.
122 Id.
123 Id.
124 Id.
125 S. 849.25(2), F.S.

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                                                                                                                                   19
                                                                                                                          CS/CS/HB 189
RECENT LEGISLATION:

  YEAR                       BILL #/SUBJECT                              HOUSE/SENATE           OTHER INFORMATION
                                                                          SPONSOR(S)
  2025      CS/HB 1467 - Gambling                                    Snyder, Anderson/ Simon The bill passed the House, but
                                                                                             died in the Senate.


                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                     DATE              POLICY CHIEF           PREPARED BY
Industries & Professional Activities             13 Y, 0 N, As CS           11/18/2025              Anstead               Thompson
Subcommittee
THE CHANGES ADOPTED BY THE                      •   Authorized fantasy sports contests.
COMMITTEE:                                      •   Removed ownership interest thresholds for changes of ownership in
                                                    pari-mutuel wagering permits.
                                                •   Prohibited Commissioners and Commission employees from certain
                                                    employment activities for a certain timeframe.
                                                •   Required additional items in the Commission’s annual report.
                                                •   Preempted the local regulation of gaming to the state.
                                                •   Removed the requirement that certain harness horse and
                                                    thoroughbred permits escheat to, and be reissued by, the state.
                                                •   Strengthened laws related to illegal gambling.
                                                •   Provided definitions and criminal penalties for “internet gambling” and
                                                    “internet sports wagering” and defined certain crimes to include
                                                    “internet” related activity.
                                                •   Created a crime for gambling advertisements and provided associated
                                                    criminal penalties.
                                                •   Allowed veterans’ service organizations to petition the Commission for
                                                    a declaratory statement on whether the operation of an amusement
                                                    game or machine is authorized.

Criminal Justice Subcommittee                    13 Y, 4 N, As CS            1/14/2026                 Hall                 Butcher

THE CHANGES ADOPTED BY THE                 The amendment made technical changes to the bill to improve clarity,
COMMITTEE:                                 including revising the definition of “internet sports wagering” and the criminal
                                           offense of tampering related to card games.
Commerce Committee                                                                         Harrington        Thompson


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




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           CS/CS/HB 189                                                                                         2026




    1                                         A bill to be entitled
    2              An act relating to gambling; amending s. 16.712, F.S.;
    3              revising the contents of an annual report by the
    4              Florida Gaming Control Commission; amending s. 16.713,
    5              F.S.; prohibiting certain appointment or employment
    6              for a specified period before or during service with
    7              the commission; amending s. 16.715, F.S.; revising
    8              standards of conduct for the commission; prohibiting
    9              certain post-employment activities for former
10                 commissioners and employees for a specified period;
11                 amending s. 546.10, F.S.; authorizing certain
12                 organizations to petition the commission before
13                 purchasing, installing, or operating a game or machine
14                 on their premises before petitioning for and being
15                 issued a specified declaratory statement from the
16                 commission if the organizations are unsure if such
17                 game or machine is an amusement machine; prohibiting
18                 such organizations from purchasing or installing a
19                 game or machine until an outstanding declaratory
20                 statement is issued; prohibiting such organizations
21                 from seeking a declaratory statement if the game or
22                 machine in question is the subject of a criminal
23                 investigation; requiring the commission to issue a
24                 declaratory statement within a specified timeframe;
25                 prohibiting the commission from denying a petition if

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        CS/CS/HB 189                                                                                         2026




26              it was validly requested; specifying the information
27              that must be included in a request for a declaratory
28              statement; providing that the declaratory statement is
29              valid only for the game or machine for which it is
30              requested; providing that the declaratory statement is
31              invalid if the specifications for the game or machine
32              have been changed; providing that the declaratory
33              statement is binding on the commission and may be
34              introduced as evidence in subsequent proceedings;
35              providing construction; amending s. 550.002, F.S.;
36              revising the definition of the term "ultimate
37              equitable owner"; amending s. 550.054, F.S.; revising
38              when commission approval is needed for transfers of
39              stock or other evidence of ownership of certain pari-
40              mutuel permitholders; amending s. 550.09512, F.S.;
41              removing provisions requiring reissuance of escheated
42              harness horse permits; amending s. 550.09515, F.S.;
43              prohibiting reissuance of horse permits to certain
44              permitholders who do not pay tax on handle for live
45              races for a specified period; removing provisions
46              requiring reissuance of escheated horse permits;
47              amending s. 838.12, F.S.; prohibiting betting on
48              athletic contests with knowledge that the results are
49              prearranged or predetermined; providing criminal
50              penalties; amending s. 849.01, F.S.; revising criminal

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        CS/CS/HB 189                                                                                         2026




51              penalties for offenses involving keeping a gambling
52              house; amending s. 849.02, F.S.; increasing criminal
53              penalties for specified offenses by agents or
54              employees of a keeper of a gambling house; amending s.
55              849.03, F.S.; revising criminal penalties for offenses
56              involving renting a house for gambling purposes;
57              amending s. 849.08, F.S.; providing definitions;
58              prohibiting Internet gambling and Internet sports
59              wagering and related offenses; providing criminal
60              penalties; providing an exception; amending s.
61              849.086, F.S.; prohibiting specified actions relating
62              to the manipulation of card games; providing criminal
63              penalties; creating s. 849.0932, F.S.; defining the
64              term "fantasy sports contest"; requiring such contests
65              to meet specified requirements; providing penalties
66              for violations; authorizing the commission to
67              investigate and refer violations for prosecution;
68              authorizing enforcement actions by the Attorney
69              General and state attorneys; providing criminal
70              penalties for certain violations; amending s. 849.11,
71              F.S.; prohibiting certain offenses relating to games
72              of chance; providing criminal penalties; amending s.
73              849.13, F.S.; providing enhanced criminal penalties
74              for second or subsequent violations of certain
75              provisions; amending s. 849.14, F.S.; revising

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         CS/CS/HB 189                                                                                         2026




76               criminal penalties for betting or wagering on certain
77               activities; repealing s. 849.142, F.S., relating to
78               exempted activities; amending s. 849.15, F.S.;
79               defining the terms "conviction" and "person of
80               authority"; providing criminal penalties for specified
81               offenses relating to the manufacture, possession, and
82               sale of slot machines or devices; creating s. 849.155,
83               F.S.; prohibiting trafficking in slot machines,
84               devices, or parts thereof; providing criminal
85               penalties; providing for the deposit of fines into a
86               specified trust fund for specified purposes; creating
87               s. 849.157, F.S.; prohibiting the making of a false or
88               misleading statement regarding the legality of slot
89               machines or devices for specified purposes; providing
90               criminal penalties; repealing s. 849.23, F.S.,
91               relating to penalties for violations of specified
92               provisions; creating s. 849.47, F.S.; defining the
93               term "illegal gambling"; prohibiting the
94               transportation of specified numbers of persons or
95               persons of certain ages, for the purpose of
96               facilitating illegal gambling; providing criminal
97               penalties; creating s. 849.48, F.S.; defining the term
98               "illegal gambling"; prohibiting specified gambling or
99               gaming advertisements; providing criminal penalties;
100              providing construction; creating s. 849.49, F.S.;

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         CS/CS/HB 189                                                                                         2026




101              preempting to the state the regulation of gaming,
102              gambling, lotteries, or other specified activities;
103              amending s. 921.0022, F.S.; ranking offenses for
104              purposes of the offense severity ranking chart of the
105              Criminal Punishment Code; amending ss. 772.102 and
106              895.02, F.S.; conforming provisions to changes made by
107              the act; providing an effective date.
108
109      Be It Enacted by the Legislature of the State of Florida:
110
111              Section 1.         Present paragraph (i) of subsection (3) of
112      section 16.712, Florida Statutes, is redesignated as paragraph
113      (k), new paragraphs (i) and (j) are added to that subsection,
114      and paragraph (h) of that subsection is amended, to read:
115              16.712       Florida Gaming Control Commission authorizations,
116      duties, and responsibilities.—
117              (3)     By December 1 of each year, the commission shall make
118      an annual report to the Governor, the President of the Senate,
119      and the Speaker of the House of Representatives. The report
120      must, at a minimum, include all of the following:
121              (h)     A summary of actions taken and investigations
122      conducted by the commission, including the number of
123      investigations that led to criminal charges or any information
124      being filed and the resolution of such criminal charges or case.
125              (i)     The number of complaints received by the commission

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         CS/CS/HB 189                                                                                         2026




126      categorized by subject matter or the type of complaint and a
127      summary of the action taken on each complaint by the commission.
128              (j)     A list of property seized by the commission during the
129      course of investigations, and the disposition of such property,
130      including a list of forfeiture actions.
131              Section 2.         Paragraphs (a) and (b) of subsection (2) of
132      section 16.713, Florida Statutes, are amended to read:
133              16.713       Florida Gaming Control Commission; appointment and
134      employment restrictions.—
135              (2)     PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
136      INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
137      COMMISSION.—
138              (a)     A person may not, for the 2 years immediately
139      preceding the date of appointment to or employment with the
140      commission and while appointed to or employed with the
141      commission:
142              1.      Hold a permit or license issued under chapter 550 or a
143      license issued under chapter 551 or chapter 849; be an officer,
144      official, or employee of such permitholder or licensee; or be an
145      ultimate equitable owner, as defined in s. 550.002(37), of such
146      permitholder or licensee;
147              2.      Be an officer, official, employee, or other person with
148      duties or responsibilities relating to a gaming operation owned
149      by an Indian tribe that has a valid and active compact with the
150      state; be a contractor or subcontractor of such tribe or an

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         CS/CS/HB 189                                                                                         2026




151      entity employed, licensed, or contracted by such tribe; or be an
152      ultimate equitable owner, as defined in s. 550.002(37), of such
153      entity;
154              3.      Be a registered lobbyist for the executive or
155      legislative branch, except while a commissioner or employee of
156      the commission when officially representing the commission or
157      unless the person registered as a lobbyist for the executive or
158      legislative branch while employed by a state agency as defined
159      in s. 110.107 during the normal course of his or her employment
160      with such agency and he or she has not lobbied on behalf of any
161      entity other than a state agency during the 2 years immediately
162      preceding the date of his or her appointment to or employment
163      with the commission; or
164              4.      Be a bingo game operator or an employee of a bingo game
165      operator; or
166              5.      Be an employee, associate, owner, or contractor for any
167      person or entity that conducts or facilitates an activity
168      regulated, enforced, or investigated by the commission,
169      including fantasy sports contests and other betting activities.
170              (b)      A person is ineligible for appointment to or
171      employment with the commission if, within the 2 years
172      immediately preceding such appointment or employment, he or she
173      violated paragraph (a) or solicited or accepted employment with,
174      acquired any direct or indirect interest in, or had any direct
175      or indirect business association, partnership, or financial

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         CS/CS/HB 189                                                                                         2026




176      relationship with, or is a relative of:
177              1.      Any person or entity who is an applicant, licensee, or
178      registrant with the commission; or
179              2.      Any officer, official, employee, or other person with
180      duties or responsibilities relating to a gaming operation owned
181      by an Indian tribe that has a valid and active compact with the
182      state; any contractor or subcontractor of such tribe or an
183      entity employed, licensed, or contracted by such tribe; or any
184      ultimate equitable owner, as defined in s. 550.002(37), of such
185      entity; or
186              3.      Any person or entity that conducts or facilitates an
187      activity regulated, enforced, or investigated by the commission,
188      including fantasy sports contests and other betting activities.
189
190      For the purposes of this subsection, the term "relative" means a
191      spouse, father, mother, son, daughter, grandfather, grandmother,
192      brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
193      law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
194      sister-in-law, stepfather, stepmother, stepson, stepdaughter,
195      stepbrother, stepsister, half brother, or half sister.
196              Section 3.         Paragraph (b) of subsection (1) and paragraphs
197      (b) and (c) of subsection (2) of section 16.715, Florida
198      Statutes, are amended to read:
199              16.715       Florida Gaming Control Commission standards of
200      conduct; ex parte communications.—

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         CS/CS/HB 189                                                                                         2026




201              (1)     STANDARDS OF CONDUCT.—
202              (b)1.       A commissioner or employee of the commission may not
203      accept anything from any business entity that, either directly
204      or indirectly, owns or controls any person regulated by the
205      commission or from any business entity that, either directly or
206      indirectly, is an affiliate or subsidiary of any person
207      regulated by the commission.
208              2.      A commissioner or an employee may attend conferences,
209      along with associated meals and events that are generally
210      available to all conference participants, without payment of any
211      fees in addition to the conference fee. Additionally, while
212      attending a conference, a commissioner or an employee may attend
213      meetings, meals, or events that are not sponsored, in whole or
214      in part, by any representative of any person regulated by the
215      commission and that are limited to commissioners or employees
216      only, committee members, or speakers if the commissioner or
217      employee is a member of a committee of the association of
218      regulatory agencies which organized the conference or is a
219      speaker at the conference. It is not a violation of this
220      subparagraph for a commissioner or an employee to attend a
221      conference for which conference participants who are employed by
222      a person regulated by the commission have paid a higher
223      conference registration fee than the commissioner or employee,
224      or to attend a meal or event that is generally available to all
225      conference participants without payment of any fees in addition

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         CS/CS/HB 189                                                                                         2026




226      to the conference fee and that is sponsored, in whole or in
227      part, by a person regulated by the commission.
228              3.      While employed, and for 2 years after service as a
229      commissioner or for 2 years after employment with the
230      commission, a commissioner or an employee may not accept any
231      form of employment with or engage in any business activity with
232      any business entity that, either directly or indirectly, owns or
233      controls any person regulated by the commission; any person
234      regulated by the commission; or any business entity that, either
235      directly or indirectly, is an affiliate or subsidiary of any
236      person regulated by the commission; or be an employee,
237      associate, owner, or contractor for any person or entity that
238      conducts or facilitates an activity regulated, enforced, or
239      investigated by the commission, including fantasy sports
240      contests and other betting activities.
241              4.      While employed, and for 2 years after service as a
242      commissioner or for 2 years after employment with the
243      commission, a commissioner, an employee, or a relative living in
244      the same household as a commissioner or an employee may not have
245      any financial interest, other than shares in a mutual fund, in
246      any person regulated by the commission; in any business entity
247      that, either directly or indirectly, owns or controls any person
248      regulated by the commission; or in any business entity that,
249      either directly or indirectly, is an affiliate or a subsidiary
250      of any person regulated by the commission; or be an employee,

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         CS/CS/HB 189                                                                                         2026




251      associate, owner, or contractor for any person or entity that
252      conducts or facilitates an activity regulated, enforced, or
253      investigated by the commission, including fantasy sports
254      contests and other betting activities. If a commissioner, an
255      employee, or a relative living in the same household as a
256      commissioner or an employee acquires any financial interest
257      prohibited by this subsection during the commissioner's term of
258      office or the employee's employment with the commission as a
259      result of events or actions beyond the commissioner's, the
260      employee's, or the relative's control, he or she shall
261      immediately sell such financial interest. For the purposes of
262      this subsection, the term "relative" has the same meaning as in
263      s. 16.713(2)(b).
264              5.      A commissioner or an employee may not accept anything
265      from a party in a proceeding currently pending before the
266      commission.
267              6.      A commissioner may not serve as the representative of
268      any political party or on any executive committee or other
269      governing body of a political party; serve as an executive
270      officer or employee of any political party, committee,
271      organization, or association; receive remuneration for
272      activities on behalf of any candidate for public office; engage
273      on behalf of any candidate for public office in the solicitation
274      of votes or other activities on behalf of such candidacy; or
275      become a candidate for election to any public office without

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         CS/CS/HB 189                                                                                         2026




276      first resigning from office.
277              7.      A commissioner, during his or her term of office, may
278      not make any public comment regarding the merits of any
279      proceeding under ss. 120.569 and 120.57 currently pending before
280      the commission.
281              8.      A commissioner or an employee may not act in an
282      unprofessional manner at any time during the performance of
283      official duties.
284              9.      A commissioner or an employee must avoid impropriety in
285      all activities and must act at all times in a manner that
286      promotes public confidence in the integrity and impartiality of
287      the commission.
288              10.      A commissioner or an employee may not directly or
289      indirectly, through staff or other means, solicit anything of
290      value from any person regulated by the commission, or from any
291      business entity that, whether directly or indirectly, is an
292      affiliate or a subsidiary of any person regulated by the
293      commission, or from any party appearing in a proceeding
294      considered by the commission in the last 2 years.
295              11.      A commissioner may not lobby the Governor or any
296      agency of the state, members or employees of the Legislature, or
297      any county or municipal government or governmental agency except
298      to represent the commission in an official capacity.
299              (2)      FORMER COMMISSIONERS AND EMPLOYEES.—
300              (b)      A commissioner, the executive director, or an employee

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         CS/CS/HB 189                                                                                         2026




301      of the commission may not, for the 2 years immediately following
302      the date of resignation or termination from the commission:
303              1.      Hold a permit or license issued under chapter 550, or a
304      license issued under chapter 551 or chapter 849; be an officer,
305      official, or employee of such permitholder or licensee; or be an
306      ultimate equitable owner, as defined in s. 550.002(37), of such
307      permitholder or licensee; or be an employee, associate, owner,
308      or contractor for any person or entity that conducts or
309      facilitates an activity regulated, enforced, or investigated by
310      the commission, including fantasy sports contests and other
311      betting activities;
312              2.      Accept employment by or compensation from a business
313      entity that, directly or indirectly, owns or controls a person
314      regulated by the commission; from a person regulated by the
315      commission; from a business entity which, directly or
316      indirectly, is an affiliate or subsidiary of a person regulated
317      by the commission; or from a business entity or trade
318      association that has been a party to a commission proceeding
319      within the 2 years preceding the member's resignation or
320      termination of service on the commission; or from any person or
321      entity that conducts or facilitates an activity regulated,
322      enforced, or investigated by the commission, including fantasy
323      sports contests and other betting activities; or
324              3.      Be a bingo game operator or an employee of a bingo game
325      operator.

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         CS/CS/HB 189                                                                                         2026




326              (c)     A person employed by the commission may not, for the 2
327      years immediately following the date of termination or
328      resignation from employment with the commission:
329              1.      Hold a permit or license issued under chapter 550, or a
330      license issued under chapter 551 or chapter 849; be an officer,
331      official, or employee of such permitholder or licensee; or be an
332      ultimate equitable owner, as defined in s. 550.002(37), of such
333      permitholder or licensee; or be an employee, associate, owner,
334      or contractor for any person or entity that conducts or
335      facilitates an activity regulated, enforced, or investigated by
336      the commission, including fantasy sports contests and other
337      betting activities; or
338              2.      Be a bingo game operator or an employee of a bingo game
339      operator.
340              Section 4.          Present subsections (8) and (9) of section
341      546.10, Florida Statutes, are renumbered as subsections (9) and
342      (10), respectively, and a new subsection (8) is added to that
343      section, to read:
344              546.10       Amusement games or machines.—
345              (8)(a)1.          Before purchasing or installing a game or machine
346      on the premises of any veterans' service organization granted a
347      federal charter under Title 36, U.S.C., or a division, a
348      department, a post, or a chapter of such organization, for which
349      an alcoholic beverage license has been issued, and the veterans'
350      service organization is in doubt about whether a machine meets

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         CS/CS/HB 189                                                                                         2026




351      the definition of an amusement machine under this section, the
352      organization may petition the Florida Gaming Control Commission
353      for a declaratory statement under s. 120.565 on whether the
354      operation of the game or machine complies with this section or
355      chapter 849. An organization awaiting a declaratory statement
356      from the commission may not purchase or install such game or
357      machine until the declaratory statement is issued.
358              2.      If there is a game or machine currently on the premises
359      of any veterans' service organization granted a federal charter
360      under Title 36, U.S.C., or a division, a department, a post, or
361      a chapter of such organization, for which an alcoholic beverage
362      license has been issued and the veterans' service organization
363      is in doubt about whether a machine meets the definition of an
364      amusement machine under this section, the organization may
365      petition the commission for a declaratory statement pursuant to
366      s. 120.565 on whether the operation of the game or machine
367      complies with this section or would be a violation of this
368      section or chapter 849. If the game, machine, premises, or
369      organization is the subject of an ongoing criminal
370      investigation, the organization may not petition the commission
371      for a declaratory statement under this subsection.
372              3.      The commission shall issue a declaratory statement
373      pursuant to this subsection within 60 days after receiving a
374      petition requesting such statement. The commission may not deny
375      a petition that is validly requested pursuant to this subsection

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376      and s. 120.565.
377              (b)     A petition made under this subsection must provide
378      enough information for the commission to issue the declaratory
379      statement and must be accompanied by the exact specifications
380      for the type of game or machine that the organization will
381      purchase or install or currently has on the premises. The
382      declaratory statement is valid only for the game or machine for
383      which it is requested and is invalid if the specifications for
384      the game or the machine have been changed.
385              (c)     The declaratory statement is binding on the commission
386      and may be introduced in any subsequent proceedings as evidence
387      of a good faith effort to comply with this section or chapter
388      849.
389              (d)     This subsection does not prevent the commission or any
390      other criminal justice agency as defined in s. 943.045 from
391      detecting, apprehending, and arresting a person for any alleged
392      violation of this chapter, chapter 24, part II of chapter 285,
393      chapter 550, chapter 551, or chapter 849, or any rule adopted
394      pursuant thereto, or of any law of this state.
395              (e)     This subsection does not require an owner or an
396      operator of an amusement game or machine under this section to
397      request or obtain a declaratory statement in order to operate
398      pursuant to this section.
399              Section 5.         Subsection (37) of section 550.002, Florida
400      Statutes, is amended to read:

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         CS/CS/HB 189                                                                                         2026




401              550.002       Definitions.—As used in this chapter, the term:
402              (37)        "Ultimate equitable owner" means a natural person
403      who, directly or indirectly, owns or controls 5 percent or more
404      of an ownership interest in a corporation, foreign corporation,
405      or alien business organization, regardless of whether such
406      person owns or controls such ownership through one or more
407      natural persons or one or more proxies, powers of attorney,
408      nominees, corporations, associations, partnerships, trusts,
409      joint stock companies, or other entities or devices, or any
410      combination thereof.
411              Section 6.         Paragraph (b) of subsection (11) and subsection
412      (12) of section 550.054, Florida Statutes, are amended to read:
413              550.054       Application for permit to conduct pari-mutuel
414      wagering.—
415              (11)
416              (b)     If a permit to conduct pari-mutuel wagering is held by
417      a corporation or business entity other than an individual, the
418      transfer of any 10 percent or more of the stock or other
419      evidence of ownership or equity in the permitholder may not be
420      made without the prior approval of the transferee by the
421      commission pursuant to s. 550.1815.
422              (12)        Changes in ownership or interest of a pari-mutuel
423      permit of any 5 percent or more of the stock or other evidence
424      of ownership or equity in the permitholder shall be approved by
425      the commission before prior to such change, unless the owner is

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         CS/CS/HB 189                                                                                         2026




426      an existing owner of that permit who was previously approved by
427      the commission. Changes in ownership or interest of a pari-
428      mutuel permit of less than 5 percent shall be reported to the
429      commission within 20 days of the change. The commission may then
430      conduct an investigation related to the request for to ensure
431      that the permit is properly updated to show the change in
432      ownership or interest.
433              Section 7.         Subsection (3) of section 550.09512, Florida
434      Statutes, is amended to read:
435              550.09512         Harness horse taxes; abandoned interest in a
436      permit for nonpayment of taxes.—
437              (3)(a)       The permit of a harness horse permitholder who is
438      conducting live harness horse performances and who does not pay
439      tax on handle for any such performances conducted during any 2
440      consecutive state fiscal years shall be void and may not be
441      reissued unless such failure to operate and pay tax on handle
442      was the direct result of fire, strike, war, hurricane, pandemic,
443      or other disaster or event beyond the ability of the
444      permitholder to control. Financial hardship to the permitholder
445      shall not, in and of itself, constitute just cause for failure
446      to operate and pay tax on handle.
447              (b)     In order to maximize the tax revenues to the state,
448      the commission shall reissue an escheated harness horse permit
449      to a qualified applicant pursuant to the provisions of this
450      chapter as for the issuance of an initial permit. However, the

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         CS/CS/HB 189                                                                                         2026




451      provisions of this chapter relating to referendum requirements
452      for a pari-mutuel permit shall not apply to the reissuance of an
453      escheated harness horse permit. As specified in the application
454      and upon approval by the commission of an application for the
455      permit, the new permitholder shall be authorized to operate a
456      harness horse facility anywhere in the same county in which the
457      escheated permit was authorized to be operated, notwithstanding
458      the provisions of s. 550.054(2) relating to mileage limitations.
459              Section 8.         Subsection (3) of section 550.09515, Florida
460      Statutes, is amended to read:
461              550.09515         Thoroughbred horse taxes; abandoned interest in
462      a permit for nonpayment of taxes.—
463              (3)(a)       The permit of a thoroughbred horse permitholder who
464      does not pay tax on handle for live thoroughbred horse
465      performances for a full schedule of live races during any 2
466      consecutive state fiscal years shall be void and shall not be
467      reissued escheat to and become the property of the state unless
468      such failure to operate and pay tax on handle was the direct
469      result of fire, strike, war, or other disaster or event beyond
470      the ability of the permitholder to control. Financial hardship
471      to the permitholder does shall not, in and of itself, constitute
472      just cause for failure to operate and pay tax on handle.
473              (b)     In order to maximize the tax revenues to the state,
474      the commission shall reissue an escheated thoroughbred horse
475      permit to a qualified applicant pursuant to the provisions of

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         CS/CS/HB 189                                                                                         2026




476      this chapter as for the issuance of an initial permit. However,
477      the provisions of this chapter relating to referendum
478      requirements for a pari-mutuel permit shall not apply to the
479      reissuance of an escheated thoroughbred horse permit. As
480      specified in the application and upon approval by the commission
481      of an application for the permit, the new permitholder shall be
482      authorized to operate a thoroughbred horse facility anywhere in
483      the same county in which the escheated permit was authorized to
484      be operated, notwithstanding the provisions of s. 550.054(2)
485      relating to mileage limitations.
486              Section 9.         Section 838.12, Florida Statutes, is amended,
487      to read:
488              838.12       Bribery in athletic contests.—
489              (1)     A person who Whoever gives, promises, offers or
490      conspires to give, promise or offer, to anyone who participates
491      or expects to participate in any professional or amateur game,
492      contest, match, race or sport; or to any umpire, referee, judge
493      or other official of such game, contest, match, race or sport;
494      or to any owner, manager, coach or trainer of, or to any
495      relative of, or to any person having any direct, indirect,
496      remote or possible connection with, any team, individual,
497      participant or prospective participant in any such professional
498      or amateur game, contest, match, race or sport, or the officials
499      aforesaid, any bribe, money, goods, present, reward or any
500      valuable thing whatsoever, or any promise, contract or agreement

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         CS/CS/HB 189                                                                                         2026




501      whatsoever, with intent to influence him or her or them to lose
502      or cause to be lost any game, contest, match, race or sport, or
503      to limit his or her or their or any person's or any team's
504      margin of victory in any game, contest, match, race, or sport,
505      or to fix or throw any game, contest, match, race or sport,
506      commits shall be guilty of a felony of the third degree,
507      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
508              (2)     Any participant or prospective participant in any
509      professional or amateur game, contest, match, race or sport; or
510      any umpire, referee, judge or other official of such game,
511      contest, match, race or sport; or any owner, manager, coach or
512      trainer of, or any relative of, or any person having any direct,
513      indirect, remote or possible connection with, any team,
514      individual, participant or prospective participant in any such
515      professional or amateur game, contest, match, race or sport, or
516      the officials aforesaid; who in any way solicits, receives or
517      accepts, or agrees to receive or accept, or who conspires to
518      receive or accept, any bribe, money, goods, present, reward or
519      any valuable thing whatsoever, or any promise, contract or
520      agreement whatsoever, with intent to lose or cause to be lost
521      any game, contest, match, race or sport, or to limit his, her,
522      their or any person's or any team's margin of victory in any
523      game, contest, match, race or sport, or to fix or throw any
524      game, contest, match, race or sport, commits shall be guilty of
525      a felony of the third degree, punishable as provided in s.

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         CS/CS/HB 189                                                                                         2026




526      775.082, s. 775.083, or s. 775.084.
527              (3)     A person who stakes, bets, or wagers any money or
528      other thing of value upon the result of any professional or
529      amateur game, contest, match, race, or sport with knowledge that
530      the results of such professional or amateur game, contest,
531      match, race, or sport are prearranged or predetermined as
532      described in subsection (1) or subsection (2) commits a felony
533      of the third degree, punishable as provided in s. 775.082, s.
534      775.083, or s. 775.084.
535              Section 10.           Section 849.01, Florida Statutes, is amended
536      to read:
537              849.01       Keeping gambling houses, etc.—A person who Whoever
538      by herself or himself, her or his servant, clerk or agent, or in
539      any other manner has, keeps, exercises or maintains a gaming
540      table or room, or gaming implements or apparatus, or house,
541      booth, tent, shelter or other place for the purpose of gaming or
542      gambling or in any place of which she or he may directly or
543      indirectly have charge, control or management, either
544      exclusively or with others, procures, suffers or permits any
545      person to play for money or other valuable thing at any game
546      whatever, whether heretofore prohibited or not, commits a felony
547      misdemeanor of the third second degree, punishable as provided
548      in s. 775.082, or s. 775.083, or s. 775.084.
549              Section 11.           Section 849.02, Florida Statutes, is amended
550      to read:

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         CS/CS/HB 189                                                                                         2026




551              849.02       Agents or employees of keeper of gambling house.—A
552      person who Whoever acts as servant, clerk, agent, or employee of
553      any person in the violation of s. 849.01 commits:
554              (1)     For a first offense, a misdemeanor of the first
555      degree, punishable as provided in s. 775.082 or s. 775.083.
556              (2)     For a second offense, a felony of the third degree,
557      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
558              (3)     For a third or subsequent offense, a felony of the
559      second degree, punishable as provided in s. 775.082, s. 775.083,
560      or s. 775.084 shall be punished in the manner and to the extent
561      therein mentioned.
562              Section 12.           Section 849.03, Florida Statutes, is amended
563      to read:
564              849.03       Renting house for gambling purposes.—A person who
565      Whoever, whether as owner or agent, knowingly rents to another a
566      house, room, booth, tent, shelter or place for the purpose of
567      gaming commits:
568              (1)     For a first offense, a felony of the third degree,
569      punishable as provided in s. 775.082, s. 775.083, or s. 775.084
570      shall be punished in the manner and to the extent mentioned in
571      s. 849.01.
572              (2)     For a second or subsequent offense, a felony of the
573      second degree, punishable as provided in s. 775.082, s. 775.083,
574      or s. 775.084.
575              Section 13.           Section 849.08, Florida Statutes, is amended

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         CS/CS/HB 189                                                                                         2026




576      to read:
577              849.08       Gambling.—
578              (1)     As used in this section, the term:
579              (a)     "Illegal gambling" means any criminal violation of
580      chapter 546, chapter 550, or chapter 551, or this chapter that
581      occurs at any business, establishment, premises, or other
582      location.
583              (b)     "Internet gambling" means to play or engage in any
584      game in which money or other thing of value is awarded based on
585      chance, regardless of any application of skill, that is
586      available on the Internet and accessible on a mobile device,
587      computer terminal, or other similar access device and simulates
588      casino-style gaming, including, but not limited to, slot
589      machines, video poker, and table games.
590              (c)     "Internet sports wagering" means to use a platform
591      that is available on the Internet and accessible on a mobile
592      device, computer terminal, or other similar access device to
593      stake, bet, or wager any money or other thing of value upon the
594      result of any trial or contest of skill, speed, power, or
595      endurance of human or beast.
596              (2)     A person who Whoever plays or engages in Internet
597      gambling or any game at cards, keno, roulette, faro or other
598      game of chance, at any place, by any device whatever, for money
599      or other thing of value, commits shall be guilty of a
600      misdemeanor of the second degree, punishable as provided in s.

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         CS/CS/HB 189                                                                                         2026




601      775.082 or s. 775.083.
602              (3)     A person who plays or engages in Internet sports
603      wagering commits:
604              (a)     For a first offense, a misdemeanor of the second
605      degree, punishable as provided in s. 775.082 or s. 775.083.
606              (b)     For a second or subsequent offense, a misdemeanor of
607      the first degree, punishable as provided in s. 775.082 or s.
608      775.083.
609              (4)     A person who operates, conducts, or promotes illegal
610      gambling, Internet gambling or Internet sports wagering, or
611      receives in any manner whatsoever any money or other thing of
612      value offered for the purpose of illegal gambling, Internet
613      gambling or Internet sports wagering, or who knowingly becomes
614      the custodian or depositary of any money or other thing of value
615      so offered, or who aids, assists, abets, or influences in any
616      manner in any of such acts commits a felony of the third degree,
617      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
618              (5)     This section does not apply to participation in, or
619      the conduct of, any gaming activities authorized under s.
620      285.710(13) and conducted pursuant to a gaming compact ratified
621      and approved under s. 285.710(3), or any gaming activities
622      authorized under chapter 550.
623              Section 14.           Paragraph (e) is added to subsection (12) of
624      section 849.086, Florida Statutes, to read:
625              849.086       Cardrooms authorized.—

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         CS/CS/HB 189                                                                                         2026




626              (12)        PROHIBITED ACTIVITIES.—
627              (e)     A person who, by physical tampering or by use of any
628      object, instrument, or device, whether mechanical, electrical,
629      magnetic, or involving other means, manipulates or attempts to
630      manipulate playing cards for the purpose of affecting the
631      outcome or payoff of a card game in a licensed cardroom, or
632      otherwise manipulates or attempts to manipulate the outcome or
633      payoff of such a card game, commits a felony of the third
634      degree, punishable as provided in s. 775.082, s. 775.083, or s.
635      775.084.
636              Section 15.            Section 849.0932, Florida Statutes, is created
637      to read:
638              849.0932          Fantasy sports contests; conditions for conduct.—
639              (1)     As used in this section, the term "fantasy sports
640      contest" means a contest in which a participant pays an entry
641      fee and manages a fantasy or simulation sports team composed of
642      athletes from a professional sports organization with the
643      opportunity to win a cash prize. The term includes a simulation
644      sports game.
645              (2)     Fantasy sports contests must meet all of the following
646      requirements:
647              (a)     Prizes and awards for the winning participants are
648      established and disclosed to contest participants before entry.
649              (b)     All winning outcomes reflect the relative knowledge
650      and skill of the fantasy sports contest participant.

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         CS/CS/HB 189                                                                                         2026




651              (c)      All winning outcomes are determined predominantly by
652      accumulated statistical results of the performance of more than
653      one individual.
654              (d)      A winning outcome may not be based on:
655              1.      The score, point spread, or performance of a team or
656      combination of teams.
657              2.      The single performance of an individual in a single
658      event or a pari-mutuel event, as the term "pari-mutuel" is
659      defined in s. 550.002 as of January 1, 2026.
660              3.      A game of poker or other card game.
661              4.      The performance of participants in collegiate, high
662      school, or youth sporting events.
663              (e)      Casino graphics, themes, or titles, including, but not
664      limited to, depictions of slot machine-style symbols, cards,
665      dice, craps, roulette, or lotto, are not displayed or depicted.
666              (3)(a)       A violation of this section is punishable by a fine
667      of $1,000 in addition to civil and criminal penalties.
668              (b)      An operator or owner of any website, platform, or
669      application that offers fantasy sports contests in violation of
670      this section is punishable by a fine of up to $100,000 per
671      violation.
672              (4)     The Florida Gaming Control Commission shall
673      investigate and refer violations of this section for
674      prosecution. The Attorney General or state attorney may also
675      institute proceedings to enjoin any person found to be violating

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         CS/CS/HB 189                                                                                         2026




676      this section.
677              (5)(a)       A person who willfully and knowingly violates any
678      provision of this section commits a misdemeanor of the first
679      degree, punishable as provided in s. 775.082 or s. 775.083.
680              (b)     An operator or owner of any website, platform, or
681      application that offers fantasy sports contests in violation of
682      this section commits a felony of the third degree, punishable as
683      provided in s. 775.082, s. 775.083, or s. 775.084.
684              Section 16.           Section 849.11, Florida Statutes, is amended
685      to read:
686              849.11       Plays at games of chance by lot.—
687              (1)     A person who Whoever sets up, promotes or plays in
688      person or in any other manner, including, but not limited to, by
689      the use, at least in part, of the Internet, at any game of
690      chance by lot or with dice, cards, numbers, hazards or any other
691      gambling device whatever for, or for the disposal of money or
692      other thing of value or under the pretext of a sale, gift or
693      delivery thereof, or for any right, share or interest therein,
694      commits shall be guilty of a misdemeanor of the second degree,
695      punishable as provided in s. 775.082 or s. 775.083.
696              (2)     A person who sets up, operates, conducts, promotes, or
697      receives in any manner whatsoever any money or other thing of
698      value offered for the purpose of playing at any game of chance
699      by lot in violation of subsection (1), or who knowingly becomes
700      the custodian or depositary of any money or other thing of value

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         CS/CS/HB 189                                                                                         2026




701      so offered, or who aids, assists, abets, or influences in any
702      manner in any of such acts, commits a felony of the third
703      degree, punishable as provided in s. 775.082, s. 775.083, or s.
704      775.084.
705              Section 17.           Section 849.13, Florida Statutes, is amended
706      to read:
707              849.13       Punishment on Second or subsequent offense in
708      connection with lotteries conviction.—A person who commits a
709      second or subsequent violation of the same Whoever, after being
710      convicted of an offense forbidden by law in connection with
711      lotteries for which there is no penalty specified for a second
712      or subsequent offense, shall have the offense reclassified to an
713      offense of the next higher degree, commits the like offense,
714      shall be guilty of a misdemeanor of the first degree, punishable
715      as provided in s. 775.082 or s. 775.083. For purposes of
716      sentencing under chapter 921, a felony offense that is
717      reclassified under this section is ranked one level above the
718      ranking under s. 921.0022 or s. 921.0023 of the felony offense
719      committed.
720              Section 18.           Section 849.14, Florida Statutes, is amended
721      to read:
722              849.14       Unlawful to bet on result of trial or contest of
723      skill, etc.—A person who:
724              (1)     Whoever Stakes, bets, or wagers any money or other
725      thing of value upon the result of any trial or contest of skill,

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         CS/CS/HB 189                                                                                         2026




726      speed or power or endurance of human or beast;
727              (2)     , or whoever Receives in any manner whatsoever any
728      money or other thing of value staked, bet, or wagered, or
729      offered for the purpose of being staked, bet, or wagered, by or
730      for any other person upon any such result;
731              (3)     , or whoever Knowingly becomes the custodian or
732      depositary of any money or other thing of value so staked, bet,
733      or wagered upon any such result;, or
734              (4)     whoever Aids, or assists, or abets, or influences in
735      any manner in any of such acts,
736
737      all of which are hereby forbidden, commits a felony of the third
738      degree, punishable as provided in s. 775.082, or s. 775.083, or
739      s. 775.084.
740              Section 19.           Section 849.142, Florida Statutes, is
741      repealed.
742              Section 20.           Section 849.15, Florida Statutes, is amended
743      to read:
744              849.15       Manufacture, sale, possession, etc., of slot
745      machines or devices prohibited.—
746              (1)     As used in this section, the term:
747              (a)     "Conviction" means a determination of guilt that is
748      the result of a plea or a trial, regardless of whether
749      adjudication is withheld or a plea of nolo contendere is
750      entered.

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         CS/CS/HB 189                                                                                         2026




751              (b)      "Person of authority" means a person who, at any
752      business, establishment, premises, or other location at which a
753      slot machine or device is offered for play:
754              1.      Has actual authority to act on behalf of the business,
755      establishment, premises, or other location; or
756              2.      Is an officer, director, or managing member of the
757      business, establishment, premises, or other location.
758              (2)(1)       It is unlawful:
759              (a)      To manufacture, own, store, keep, possess, sell, rent,
760      lease, let on shares, lend or give away, transport, or expose
761      for sale or lease, or to offer to sell, rent, lease, let on
762      shares, lend or give away, or permit the operation of, or for
763      any person to permit to be placed, maintained, or used or kept
764      in any room, space, or building owned, leased or occupied by the
765      person or under the person's management or control, any slot
766      machine or device or any part thereof; or
767              (b)      To make or to permit to be made with any person any
768      agreement with reference to any slot machine or device, pursuant
769      to which the user thereof, as a result of any element of chance
770      or other outcome unpredictable to him or her, may become
771      entitled to receive any money, credit, allowance, or thing of
772      value or additional chance or right to use such machine or
773      device, or to receive any check, slug, token or memorandum
774      entitling the holder to receive any money, credit, allowance or
775      thing of value.

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         CS/CS/HB 189                                                                                         2026




776               (3)(a)        Except as provided in paragraphs (b) and (c), a
777      person who violates subsection (2) commits a misdemeanor of the
778      first degree, punishable as provided in s. 775.082 or s.
779      775.083.
780               (b)      A person commits a felony of the third degree,
781      punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
782      if he or she violates subsection (2) and:
783               1.      Was a person of authority at the time of the violation;
784      or
785               2.      Has one prior conviction for a violation of subsection
786      (2).
787               (c)      A person commits a felony of the second degree,
788      punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
789      if he or she violates subsection (2) and:
790               1.a.        Was a person of authority at the time of the
791      violation; and
792               b.      The violation involves five or more slot machines or
793      devices; or
794               2.      Has two or more prior convictions for a violation of
795      subsection (2).
796               (4)(2)       Pursuant to section 2 of that chapter of the
797      Congress of the United States entitled "An act to prohibit
798      transportation of gaming devices in interstate and foreign
799      commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
800      1134, and also designated as 15 U.S.C. ss. 1171-1177, the State

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         CS/CS/HB 189                                                                                         2026




801      of Florida, acting by and through the duly elected and qualified
802      members of its Legislature, does hereby in this section, and in
803      accordance with and in compliance with the provisions of section
804      2 of such chapter of Congress, declare and proclaim that any
805      county of the State of Florida within which slot machine gaming
806      is authorized pursuant to chapter 551 is exempt from the
807      provisions of section 2 of that chapter of the Congress of the
808      United States entitled "An act to prohibit transportation of
809      gaming devices in interstate and foreign commerce," designated
810      as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
811      shipments of gaming devices, including slot machines, into any
812      county of this state within which slot machine gaming is
813      authorized pursuant to chapter 551 and the registering,
814      recording, and labeling of which have been duly performed by the
815      manufacturer or distributor thereof in accordance with sections
816      3 and 4 of that chapter of the Congress of the United States
817      entitled "An act to prohibit transportation of gaming devices in
818      interstate and foreign commerce," approved January 2, 1951,
819      being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
820      ss. 1171-1177, shall be deemed legal shipments thereof into this
821      state provided the destination of such shipments is an eligible
822      facility as defined in s. 551.102 or the facility of a slot
823      machine manufacturer or slot machine distributor as provided in
824      s. 551.109(2)(a).
825              Section 21.           Section 849.155, Florida Statutes, is created

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         CS/CS/HB 189                                                                                         2026




826      to read:
827              849.155       Trafficking in slot machines, devices, or parts.—A
828      person who knowingly sells, purchases, manufactures, transports,
829      delivers, or brings into this state more than 15 slot machines
830      or devices or any parts thereof commits a felony of the first
831      degree, punishable as provided in s. 775.082, s. 775.083, or s.
832      775.084. If the quantity of slot machines or devices or any
833      parts thereof involved is:
834              (1)     More than 15 slot machines or devices or any parts
835      thereof, but less than 25 slot machines or devices or any parts
836      thereof, such person must be fined $100,000.
837              (2)     Twenty-five slot machines or devices or any parts
838      thereof or more, but less than 50 slot machines or devices or
839      any parts thereof, such person must be fined $250,000.
840              (3)     Fifty slot machines or devices or any parts thereof or
841      more, such person must be fined $500,000.
842
843      Notwithstanding any other law, all fines imposed and collected
844      pursuant to this section must be deposited into the Pari-mutuel
845      Wagering Trust Fund and may be used for the enforcement of
846      chapters 546, 550, 551, and this chapter by the Florida Gaming
847      Control Commission.
848              Section 22.           Section 849.157, Florida Statutes, is created
849      to read:
850              849.157       Making a false or misleading statement regarding

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         CS/CS/HB 189                                                                                         2026




851      the legality of slot machines or devices to facilitate sale.—
852              (1)     Except as provided in subsection (2), a person who
853      knowingly and willfully makes a materially false or misleading
854      statement or who knowingly and willfully disseminates false or
855      misleading information regarding the legality of a slot machine
856      or device for the purpose of facilitating the sale or delivery
857      of a slot machine or device for any money or other valuable
858      consideration commits a felony of the third degree, punishable
859      as provided in s. 775.082, s. 775.083, or s. 775.084.
860              (2)     A person who violates subsection (1), when such a
861      violation involves the sale or delivery, or attempted sale or
862      delivery, of five or more slot machines or devices commits a
863      felony of the second degree, punishable as provided in s.
864      775.082, s. 775.083, or s. 775.084.
865              Section 23.           Section 849.23, Florida Statutes, is repealed.
866              Section 24.           Section 849.47, Florida Statutes, is created
867      to read:
868              849.47       Transporting or procuring the transportation of
869      persons to facilitate illegal gambling.—
870              (1)     As used in this section, the term "illegal gambling"
871      means any criminal violation of chapter 546, chapter 550, or
872      chapter 551, or this chapter that occurs at any business,
873      establishment, premises, or other location.
874              (2)     Except as provided in subsection (3), a person who
875      knowingly and willfully transports, or procures the

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         CS/CS/HB 189                                                                                         2026




876      transportation of, five or more other persons into or within
877      this state when he or she knows or reasonably should know that
878      such transportation is for the purpose of facilitating illegal
879      gambling commits a misdemeanor of the first degree, punishable
880      as provided in s. 775.082 or s. 775.083.
881              (3)(a)       A person who transports, or procures the
882      transportation of, a minor or a person 65 years of age or older
883      in violation of subsection (2) commits a felony of the third
884      degree, punishable as provided in s. 775.082, s. 775.083, or s.
885      775.084.
886              (b)     A person who transports, or procures the
887      transportation of, 12 or more persons in violation of subsection
888      (2) commits a felony of the third degree, punishable as provided
889      in s. 775.082, s. 775.083, or s. 775.084.
890              (c)     A person who commits a second or subsequent violation
891      of subsection (2) within a 2-year period commits a felony of the
892      third degree, punishable as provided in s. 775.082, s. 775.083,
893      or s. 775.084.
894              Section 25.           Section 849.48, Florida Statutes, is created
895      to read:
896              849.48       Gambling or gaming advertisements; prohibited.—
897              (1)     As used in this section, the term "illegal gambling"
898      means any criminal violation of this chapter, chapter 546,
899      chapter 550, or chapter 551 which occurs at any business,
900      establishment, premises, or other location.

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         CS/CS/HB 189                                                                                         2026




901              (2)(a)       Except as otherwise specifically authorized by law,
902      a person may not knowingly and intentionally make, publish,
903      disseminate, circulate, or place before the public, or cause,
904      directly or indirectly, to be made, published, disseminated,
905      circulated, or placed before the public in this state, in any
906      manner, whether in person or by the use, at least in part, of
907      the Internet, any advertisement, circular, bill, poster,
908      pamphlet, list, schedule, announcement, or notice for the
909      purpose of promoting or facilitating illegal gambling.
910              (b)     Except as otherwise specifically authorized by law, a
911      person may not set up any type or plate for any type of
912      advertisement, circular, bill, poster, pamphlet, list, schedule,
913      announcement, or notice when he or she knows or reasonably
914      should know that such material will be used for the purpose of
915      promoting or facilitating illegal gambling.
916              (c)      A person who violates this subsection commits:
917              1.      For a first offense, a misdemeanor of the first degree,
918      punishable as provided in s. 775.082 or s. 775.083.
919              2.      For a second or subsequent offense, a felony of the
920      third degree, punishable as provided in s. 775.082, s. 775.083,
921      or s. 775.084.
922              (3)      This section does not prohibit the printing or
923      producing of any advertisement, circular, bill, poster,
924      pamphlet, list, schedule, announcement, or notice to be used for
925      the purpose of promoting or facilitating gambling conducted in

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         CS/CS/HB 189                                                                                         2026




926      any other state or nation, outside of this state, where such
927      gambling is not prohibited.
928              Section 26.            Section 849.49, Florida Statutes, is created
929      to read:
930              849.49       Preemption.—A county, municipality, or other
931      political subdivision of the state may not enact or enforce any
932      ordinance or local rule relating to gaming, gambling, lotteries,
933      or any activities described in s. 546.10 or this chapter, except
934      as otherwise expressly provided by the State Constitution,
935      general law, or special law.
936              Section 27.            Paragraphs (a), (c), (e), and (g) of
937      subsection (3) of section 921.0022, Florida Statutes, are
938      amended to read:
939              921.0022          Criminal Punishment Code; offense severity
940      ranking chart.—
941              (3)     OFFENSE SEVERITY RANKING CHART
942              (a)     LEVEL 1
943
          Florida                        Felony
          Statute                        Degree                       Description
944
          24.118(3)(a)                      3rd      Counterfeit or altered state
                                                     lottery ticket.
945
          104.0616(2)                       3rd      Unlawfully distributing,

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         CS/CS/HB 189                                                                                         2026




                                                     ordering, requesting,
                                                     collecting, delivering, or
                                                     possessing vote-by-mail
                                                     ballots.
946
          212.054(2)(b)                    3rd       Discretionary sales surtax;
                                                     limitations, administration,
                                                     and collection.
947
          212.15(2)(b)                     3rd       Failure to remit sales taxes,
                                                     amount $1,000 or more but less
                                                     than $20,000.
948
          316.1935(1)                      3rd       Fleeing or attempting to elude
                                                     law enforcement officer.
949
          319.30(5)                        3rd       Sell, exchange, give away
                                                     certificate of title or
                                                     identification number plate.
950
          319.35(1)(a)                     3rd       Tamper, adjust, change, etc.,
                                                     an odometer.
951
          320.26(1)(a)                     3rd       Counterfeit, manufacture, or
                                                     sell registration license

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         CS/CS/HB 189                                                                                         2026




                                                     plates or validation stickers.
952
          322.212                          3rd       Possession of forged, stolen,
             (1)(a)-(c)                              counterfeit, or unlawfully
                                                     issued driver license;
                                                     possession of simulated
                                                     identification.
953
          322.212(4)                       3rd       Supply or aid in supplying
                                                     unauthorized driver license or
                                                     identification card.
954
          322.212(5)(a)                    3rd       False application for driver
                                                     license or identification card.
955
          414.39(3)(a)                     3rd       Fraudulent misappropriation of
                                                     public assistance funds by
                                                     employee/official, value more
                                                     than $200.
956
          443.071(1)                       3rd       False statement or
                                                     representation to obtain or
                                                     increase reemployment
                                                     assistance benefits.
957

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         CS/CS/HB 189                                                                                         2026




          509.151(1)                       3rd       Defraud an innkeeper, food or
                                                     lodging value $1,000 or more.
958
          517.302(1)                       3rd       Violation of the Florida
                                                     Securities and Investor
                                                     Protection Act.
959
          713.69                           3rd       Tenant removes property upon
                                                     which lien has accrued, value
                                                     $1,000 or more.
960
          812.014(3)(c)                    3rd       Petit theft (3rd conviction);
                                                     theft of any property not
                                                     specified in subsection (2).
961
          815.04(4)(a)                     3rd       Offense against intellectual
                                                     property (i.e., computer
                                                     programs, data).
962
          817.52(2)                        3rd       Hiring with intent to defraud,
                                                     motor vehicle services.
963
          817.569(2)                       3rd       Use of public record or public
                                                     records information or
                                                     providing false information to

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         CS/CS/HB 189                                                                                         2026




                                                     facilitate commission of a
                                                     felony.
964
          826.01                           3rd       Bigamy.
965
          828.122(3)                       3rd       Fighting or baiting animals.
966
          831.04(1)                        3rd       Any erasure, alteration, etc.,
                                                     of any replacement deed, map,
                                                     plat, or other document listed
                                                     in s. 92.28.
967
          831.31(1)(a)                     3rd       Sell, deliver, or possess
                                                     counterfeit controlled
                                                     substances, all but s.
                                                     893.03(5) drugs.
968
          832.041(1)                       3rd       Stopping payment with intent to
                                                     defraud $150 or more.
969
          832.05(2)(b) &                   3rd       Knowing, making, issuing
             (4)(c)                                  worthless checks $150 or more
                                                     or obtaining property in return
                                                     for worthless check $150 or
                                                     more.

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         CS/CS/HB 189                                                                                         2026




970
          838.15(2)                        3rd       Commercial bribe receiving.
971
          838.16                           3rd       Commercial bribery.
972
          843.18                           3rd       Fleeing by boat to elude a law
                                                     enforcement officer.
973
          847.011(1)(a)                    3rd       Sell, distribute, etc.,
                                                     obscene, lewd, etc., material
                                                     (2nd conviction).
974
          849.09(1)(a)-(d)                 3rd       Lottery; set up, promote, etc.,
                                                     or assist therein, conduct or
                                                     advertise drawing for prizes,
                                                     or dispose of property or money
                                                     by means of lottery.
975
          849.23                           3rd       Gambling-related machines;
                                                     "common offender" as to
                                                     property rights.
976
          849.25(2)                        3rd       Engaging in bookmaking.
977
          860.08                           3rd       Interfere with a railroad

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         CS/CS/HB 189                                                                                         2026




                                                     signal.
978
          860.13(1)(a)                     3rd       Operate aircraft while under
                                                     the influence.
979
          893.13(2)(a)2.                   3rd       Purchase of cannabis.
980
          893.13(6)(a)                     3rd       Possession of cannabis (more
                                                     than 20 grams).
981
          934.03(1)(a)                     3rd       Intercepts, or procures any
                                                     other person to intercept, any
                                                     wire or oral communication.
982
983              (c)     LEVEL 3
984
          Florida                       Felony
          Statute                       Degree                        Description
985
          119.10(2)(b)                     3rd       Unlawful use of confidential
                                                     information from police
                                                     reports.
986
          316.066                          3rd       Unlawfully obtaining or using
             (3)(b)-(d)                              confidential crash reports.

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         CS/CS/HB 189                                                                                         2026




987
          316.193(2)(b)                    3rd       Felony DUI, 3rd conviction.
988
          316.1935(2)                      3rd       Fleeing or attempting to elude
                                                     law enforcement officer in
                                                     patrol vehicle with siren and
                                                     lights activated.
989
          319.30(4)                        3rd       Possession by junkyard of motor
                                                     vehicle with identification
                                                     number plate removed.
990
          319.33(1)(a)                     3rd       Alter or forge any certificate
                                                     of title to a motor vehicle or
                                                     mobile home.
991
          319.33(1)(c)                     3rd       Procure or pass title on stolen
                                                     vehicle.
992
          319.33(4)                        3rd       With intent to defraud,
                                                     possess, sell, etc., a blank,
                                                     forged, or unlawfully obtained
                                                     title or registration.
993
          327.35(2)(b)                     3rd       Felony BUI.

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         CS/CS/HB 189                                                                                         2026




994
          328.05(2)                        3rd       Possess, sell, or counterfeit
                                                     fictitious, stolen, or
                                                     fraudulent titles or bills of
                                                     sale of vessels.
995
          328.07(4)                        3rd       Manufacture, exchange, or
                                                     possess vessel with counterfeit
                                                     or wrong ID number.
996
          376.302(5)                       3rd       Fraud related to reimbursement
                                                     for cleanup expenses under the
                                                     Inland Protection Trust Fund.
997
          379.2431                         3rd       Taking, disturbing, mutilating,
             (1)(e)5.                                destroying, causing to be
                                                     destroyed, transferring,
                                                     selling, offering to sell,
                                                     molesting, or harassing marine
                                                     turtles, marine turtle eggs, or
                                                     marine turtle nests in
                                                     violation of the Marine Turtle
                                                     Protection Act.
998
          379.2431                         3rd       Possessing any marine turtle

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          CS/CS/HB 189                                                                                         2026




              (1)(e)6.                                species or hatchling, or parts
                                                      thereof, or the nest of any
                                                      marine turtle species described
                                                      in the Marine Turtle Protection
                                                      Act.
999
           379.2431                         3rd       Soliciting to commit or
              (1)(e)7.                                conspiring to commit a
                                                      violation of the Marine Turtle
                                                      Protection Act.
1000
           400.9935(4)(a)                   3rd       Operating a clinic, or offering
              or (b)                                  services requiring licensure,
                                                      without a license.
1001
           400.9935(4)(e)                   3rd       Filing a false license
                                                      application or other required
                                                      information or failing to
                                                      report information.
1002
           440.1051(3)                      3rd       False report of workers'
                                                      compensation fraud or
                                                      retaliation for making such a
                                                      report.
1003

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          CS/CS/HB 189                                                                                         2026




           501.001(2)(b)                    2nd       Tampers with a consumer product
                                                      or the container using
                                                      materially false/misleading
                                                      information.
1004
           624.401(4)(a)                    3rd       Transacting insurance without a
                                                      certificate of authority.
1005
           624.401(4)(b)1.                  3rd       Transacting insurance without a
                                                      certificate of authority;
                                                      premium collected less than
                                                      $20,000.
1006
           626.902(1)(a) &                  3rd       Representing an unauthorized
              (b)                                     insurer.
1007
           697.08                           3rd       Equity skimming.
1008
           790.15(3)                        3rd       Person directs another to
                                                      discharge firearm from a
                                                      vehicle.
1009
           794.053                          3rd       Lewd or lascivious written
                                                      solicitation of a person 16 or
                                                      17 years of age by a person 24

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          CS/CS/HB 189                                                                                         2026




                                                      years of age or older.
1010
           800.045(3)                       3rd       Possess, control, or
                                                      intentionally view any
                                                      photographic material, motion
                                                      picture, etc., which includes a
                                                      lewd or lascivious image.
1011
           806.10(1)                        3rd       Maliciously injure, destroy, or
                                                      interfere with vehicles or
                                                      equipment used in firefighting.
1012
           806.10(2)                        3rd       Interferes with or assaults
                                                      firefighter in performance of
                                                      duty.
1013
           810.09(2)(b)                     3rd       Trespass on property other than
                                                      structure or conveyance armed
                                                      with firearm or dangerous
                                                      weapon.
1014
           810.145(2)(c)                    3rd       Digital voyeurism; 19 years of
                                                      age or older.
1015
           812.014(2)(c)2.                  3rd       Grand theft; $5,000 or more but

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          CS/CS/HB 189                                                                                         2026




                                                      less than $10,000.
1016
           812.0145(2)(c)                   3rd       Theft from person 65 years of
                                                      age or older; $300 or more but
                                                      less than $10,000.
1017
           812.015(8)(b)                    3rd       Retail theft with intent to
                                                      sell; conspires with others.
1018
           812.081(2)                       3rd       Theft of a trade secret.
1019
           815.04(4)(b)                     2nd       Computer offense devised to
                                                      defraud or obtain property.
1020
           817.034(4)(a)3.                  3rd       Engages in scheme to defraud
                                                      (Florida Communications Fraud
                                                      Act), property valued at less
                                                      than $20,000.
1021
           817.233                          3rd       Burning to defraud insurer.
1022
           817.234                          3rd       Unlawful solicitation of
              (8)(b) & (c)                            persons involved in motor
                                                      vehicle accidents.
1023

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          CS/CS/HB 189                                                                                         2026




           817.234(11)(a)                   3rd       Insurance fraud; property value
                                                      less than $20,000.
1024
           817.236                          3rd       Filing a false motor vehicle
                                                      insurance application.
1025
           817.2361                         3rd       Creating, marketing, or
                                                      presenting a false or
                                                      fraudulent motor vehicle
                                                      insurance card.
1026
           817.413(2)                       3rd       Sale of used goods of $1,000 or
                                                      more as new.
1027
           817.49(2)(b)1.                   3rd       Willful making of a false
                                                      report of a crime causing great
                                                      bodily harm, permanent
                                                      disfigurement, or permanent
                                                      disability.
1028
           831.28(2)(a)                     3rd       Counterfeiting a payment
                                                      instrument with intent to
                                                      defraud or possessing a
                                                      counterfeit payment instrument
                                                      with intent to defraud.

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          CS/CS/HB 189                                                                                         2026




1029
           831.29                           2nd       Possession of instruments for
                                                      counterfeiting driver licenses
                                                      or identification cards.
1030
           836.13(2)                        3rd       Generating an altered sexual
                                                      depiction of an identifiable
                                                      person without consent.
1031
           836.13(4)                        3rd       Promoting, or possessing with
                                                      intent to promote, an altered
                                                      sexual depiction of an
                                                      identifiable person without
                                                      consent.
1032
           838.12(3)                        3rd       Betting on predetermined or
                                                      prearranged professional or
                                                      amateur game, contest, match,
                                                      race, or sport.
1033
           838.021(3)(b)                    3rd       Threatens unlawful harm to
                                                      public servant.
1034
           847.01385                        3rd       Harmful communication to a
                                                      minor.

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          CS/CS/HB 189                                                                                         2026




1035
           849.01                           3rd       Keeping gambling house.
1036
           849.02(2)                        3rd       Agents or employees of keeper
                                                      of gambling house.
1037
           849.03(1)                        3rd       Renting house for gambling
                                                      purposes.
1038
           849.086(12)(e)                   3rd       Tampering with cards or card
                                                      games.
1039
           849.09(1)(a)-(d)                 3rd       Lottery; set up, promote, etc.,
                                                      or assist therein, conduct or
                                                      advertise drawing for prizes,
                                                      or dispose of property or money
                                                      by means of lottery.
1040
           849.09(1)(e)-(k)                 3rd       Conducting unlawful lottery;
                                                      second or subsequent offense.
1041
           849.11(2)                        3rd       Offenses relating to games of
                                                      chance.
1042
           849.14                           3rd       Betting on result of trial or

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          CS/CS/HB 189                                                                                         2026




                                                      contest of skill, etc.
1043
           849.15(3)(b)                     3rd       Manufacture, sale, or
                                                      possession of slot machine; by
                                                      person of authority or with
                                                      prior conviction.
1044
           849.157(1)                       3rd       False or misleading statement
                                                      to facilitate sale of slot
                                                      machines or devices.
1045
           849.25(2)                        3rd       Engaging in bookmaking.
1046
           849.47(3)(a) &                   3rd       Transporting persons to
           (b)                                        facilitate illegal gambling;
                                                      minor, person 65 years of age
                                                      or older, or 12 or more
                                                      persons.
1047
           860.15(3)                        3rd       Overcharging for repairs and
                                                      parts.
1048
           870.01(2)                        3rd       Riot.
1049
           870.01(4)                        3rd       Inciting a riot.

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          CS/CS/HB 189                                                                                         2026




1050
           893.13(1)(a)2.                   3rd       Sell, manufacture, or deliver
                                                      cannabis (or other s.
                                                      893.03(1)(c), (2)(c)1.,
                                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                                      (2)(c)10., (3), or (4) drugs).
1051
           893.13(1)(d)2.                   2nd       Sell, manufacture, or deliver
                                                      s. 893.03(1)(c), (2)(c)1.,
                                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                                      (2)(c)10., (3), or (4) drugs
                                                      within 1,000 feet of
                                                      university.
1052
           893.13(1)(f)2.                   2nd       Sell, manufacture, or deliver
                                                      s. 893.03(1)(c), (2)(c)1.,
                                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                                      (2)(c)10., (3), or (4) drugs
                                                      within 1,000 feet of public
                                                      housing facility.
1053
           893.13(4)(c)                     3rd       Use or hire of minor; deliver

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          CS/CS/HB 189                                                                                         2026




                                                      to minor other controlled
                                                      substances.
1054
           893.13(6)(a)                     3rd       Possession of any controlled
                                                      substance other than felony
                                                      possession of cannabis.
1055
           893.13(7)(a)8.                   3rd       Withhold information from
                                                      practitioner regarding previous
                                                      receipt of or prescription for
                                                      a controlled substance.
1056
           893.13(7)(a)9.                   3rd       Obtain or attempt to obtain
                                                      controlled substance by fraud,
                                                      forgery, misrepresentation,
                                                      etc.
1057
           893.13(7)(a)10.                  3rd       Affix false or forged label to
                                                      package of controlled
                                                      substance.
1058
           893.13(7)(a)11.                  3rd       Furnish false or fraudulent
                                                      material information on any
                                                      document or record required by
                                                      chapter 893.

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          CS/CS/HB 189                                                                                         2026




1059
           893.13(8)(a)1.                   3rd       Knowingly assist a patient,
                                                      other person, or owner of an
                                                      animal in obtaining a
                                                      controlled substance through
                                                      deceptive, untrue, or
                                                      fraudulent representations in
                                                      or related to the
                                                      practitioner's practice.
1060
           893.13(8)(a)2.                   3rd       Employ a trick or scheme in the
                                                      practitioner's practice to
                                                      assist a patient, other person,
                                                      or owner of an animal in
                                                      obtaining a controlled
                                                      substance.
1061
           893.13(8)(a)3.                   3rd       Knowingly write a prescription
                                                      for a controlled substance for
                                                      a fictitious person.
1062
           893.13(8)(a)4.                   3rd       Write a prescription for a
                                                      controlled substance for a
                                                      patient, other person, or an
                                                      animal if the sole purpose of

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          CS/CS/HB 189                                                                                         2026




                                                      writing the prescription is a
                                                      monetary benefit for the
                                                      practitioner.
1063
           918.13(1)                        3rd       Tampering with or fabricating
                                                      physical evidence.
1064
           944.47                           3rd       Introduce contraband to
              (1)(a)1. & 2.                           correctional facility.
1065
           944.47(1)(c)                     2nd       Possess contraband while upon
                                                      the grounds of a correctional
                                                      institution.
1066
           985.721                          3rd       Escapes from a juvenile
                                                      facility (secure detention or
                                                      residential commitment
                                                      facility).
1067
1068              (e)     LEVEL 5
1069
           Florida                       Felony
           Statute                       Degree                        Description
1070
           316.027(2)(a)                    3rd       Accidents involving personal

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          CS/CS/HB 189                                                                                         2026




                                                      injuries other than serious
                                                      bodily injury, failure to stop;
                                                      leaving scene.
1071
           316.1935(3)(a)                   2nd       Driving at high speed or with
                                                      wanton disregard for safety
                                                      while fleeing or attempting to
                                                      elude law enforcement officer
                                                      who is in a patrol vehicle with
                                                      siren and lights activated.
1072
           316.80(2)                        2nd       Unlawful conveyance of fuel;
                                                      obtaining fuel fraudulently.
1073
           322.34(6)                        3rd       Careless operation of motor
                                                      vehicle with suspended license,
                                                      resulting in death or serious
                                                      bodily injury.
1074
           327.30(5)(a)2.                   3rd       Vessel accidents involving
                                                      personal injuries other than
                                                      serious bodily injury; leaving
                                                      scene.
1075
           365.172                          2nd       Misuse of emergency

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          CS/CS/HB 189                                                                                         2026




              (14)(b)2.                               communications system resulting
                                                      in death.
1076
           379.365(2)(c)1.                  3rd       Violation of rules relating to:
                                                      willful molestation of stone
                                                      crab traps, lines, or buoys;
                                                      illegal bartering, trading, or
                                                      sale, conspiring or aiding in
                                                      such barter, trade, or sale, or
                                                      supplying, agreeing to supply,
                                                      aiding in supplying, or giving
                                                      away stone crab trap tags or
                                                      certificates; making, altering,
                                                      forging, counterfeiting, or
                                                      reproducing stone crab trap
                                                      tags; possession of forged,
                                                      counterfeit, or imitation stone
                                                      crab trap tags; and engaging in
                                                      the commercial harvest of stone
                                                      crabs while license is
                                                      suspended or revoked.
1077
           379.367(4)                       3rd       Willful molestation of a
                                                      commercial harvester's spiny
                                                      lobster trap, line, or buoy.

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          CS/CS/HB 189                                                                                         2026




1078
           379.407(5)(b)3.                  3rd       Possession of 100 or more
                                                      undersized spiny lobsters.
1079
           381.0041(11)(b)                  3rd       Donate blood, plasma, or organs
                                                      knowing HIV positive.
1080
           440.10(1)(g)                     2nd       Failure to obtain workers'
                                                      compensation coverage.
1081
           440.105(5)                       2nd       Unlawful solicitation for the
                                                      purpose of making workers'
                                                      compensation claims.
1082
           440.381(2)                       3rd       Submission of false,
                                                      misleading, or incomplete
                                                      information with the purpose of
                                                      avoiding or reducing workers'
                                                      compensation premiums.
1083
           624.401(4)(b)2.                  2nd       Transacting insurance without a
                                                      certificate or authority;
                                                      premium collected $20,000 or
                                                      more but less than $100,000.
1084

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          CS/CS/HB 189                                                                                         2026




           626.902(1)(c)                    2nd       Representing an unauthorized
                                                      insurer; repeat offender.
1085
           790.01(3)                        3rd       Unlawful carrying of a
                                                      concealed firearm.
1086
           790.162                          2nd       Threat to throw or discharge
                                                      destructive device.
1087
           790.163(1)                       2nd       False report of bomb,
                                                      explosive, weapon of mass
                                                      destruction, or use of firearms
                                                      in violent manner.
1088
           790.221(1)                       2nd       Possession of short-barreled
                                                      shotgun or machine gun.
1089
           790.23                           2nd       Felons in possession of
                                                      firearms, ammunition, or
                                                      electronic weapons or devices.
1090
           796.05(1)                        2nd       Live on earnings of a
                                                      prostitute; 1st offense.
1091
           800.04(6)(c)                     3rd       Lewd or lascivious conduct;

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          CS/CS/HB 189                                                                                         2026




                                                      offender less than 18 years of
                                                      age.
1092
           800.04(7)(b)                     2nd       Lewd or lascivious exhibition;
                                                      offender 18 years of age or
                                                      older.
1093
           806.111(1)                       3rd       Possess, manufacture, or
                                                      dispense fire bomb with intent
                                                      to damage any structure or
                                                      property.
1094
           810.145(4)                       3rd       Commercial digital voyeurism
                                                      dissemination.
1095
           810.145(7)(a)                    2nd       Digital voyeurism; 2nd or
                                                      subsequent offense.
1096
           810.145(8)(a)                    2nd       Digital voyeurism; certain
                                                      minor victims.
1097
           812.014(2)(d)3.                  2nd       Grand theft, 2nd degree; theft
                                                      from 20 or more dwellings or
                                                      their unenclosed curtilage, or
                                                      any combination.

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          CS/CS/HB 189                                                                                         2026




1098
           812.0145(2)(b)                   2nd       Theft from person 65 years of
                                                      age or older; $10,000 or more
                                                      but less than $50,000.
1099
           812.015                          3rd       Retail theft; property stolen
              (8)(a) & (c)-                           is valued at $750 or more and
           (e)                                        one or more specified acts.
1100
           812.015(8)(f)                    3rd       Retail theft; multiple thefts
                                                      within specified period.
1101
           812.015(8)(g)                    3rd       Retail theft; committed with
                                                      specified number of other
                                                      persons.
1102
           812.019(1)                       2nd       Stolen property; dealing in or
                                                      trafficking in.
1103
           812.081(3)                       2nd       Trafficking in trade secrets.
1104
           812.131(2)(b)                    3rd       Robbery by sudden snatching.
1105
           812.16(2)                        3rd       Owning, operating, or
                                                      conducting a chop shop.

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          CS/CS/HB 189                                                                                         2026




1106
           817.034(4)(a)2.                  2nd       Communications fraud, value
                                                      $20,000 to $50,000.
1107
           817.234(11)(b)                   2nd       Insurance fraud; property value
                                                      $20,000 or more but less than
                                                      $100,000.
1108
           817.2341(1),                     3rd       Filing false financial
              (2)(a) &                                statements, making false
           (3)(a)                                     entries of material fact or
                                                      false statements regarding
                                                      property values relating to the
                                                      solvency of an insuring entity.
1109
           817.568(2)(b)                    2nd       Fraudulent use of personal
                                                      identification information;
                                                      value of benefit, services
                                                      received, payment avoided, or
                                                      amount of injury or fraud,
                                                      $5,000 or more or use of
                                                      personal identification
                                                      information of 10 or more
                                                      persons.
1110

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          CS/CS/HB 189                                                                                         2026




           817.611(2)(a)                    2nd       Traffic in or possess 5 to 14
                                                      counterfeit credit cards or
                                                      related documents.
1111
           817.625(2)(b)                    2nd       Second or subsequent fraudulent
                                                      use of scanning device,
                                                      skimming device, or reencoder.
1112
           825.1025(4)                      3rd       Lewd or lascivious exhibition
                                                      in the presence of an elderly
                                                      person or disabled adult.
1113
           828.12(2)                        3rd       Tortures any animal with intent
                                                      to inflict intense pain,
                                                      serious physical injury, or
                                                      death.
1114
           836.14(4)                        2nd       Person who willfully promotes
                                                      for financial gain a sexually
                                                      explicit image of an
                                                      identifiable person without
                                                      consent.
1115
           839.13(2)(b)                     2nd       Falsifying records of an
                                                      individual in the care and

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          CS/CS/HB 189                                                                                         2026




                                                      custody of a state agency
                                                      involving great bodily harm or
                                                      death.
1116
           843.01(1)                        3rd       Resist officer with violence to
                                                      person; resist arrest with
                                                      violence.
1117
           847.0135(5)(b)                   2nd       Lewd or lascivious exhibition
                                                      using computer; offender 18
                                                      years or older.
1118
           847.0137                         3rd       Transmission of pornography by
              (2) & (3)                               electronic device or equipment.
1119
           847.0138                         3rd       Transmission of material
              (2) & (3)                               harmful to minors to a minor by
                                                      electronic device or equipment.
1120
           849.02(3)                        2nd       Agents or employees of keeper
                                                      of gambling house, third or
                                                      subsequent offense.
1121
           849.03(2)                        2nd       Renting house for gambling
                                                      purposes; second or subsequent

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          CS/CS/HB 189                                                                                         2026




                                                      offense.
1122
           849.15(3)(c)                     2nd       Manufacture, sale, or
                                                      possession of slot machine; by
                                                      person of authority of five or
                                                      more machines or two or more
                                                      prior convictions.
1123
           849.157(2)                       2nd       False or misleading statement
                                                      to facilitate sale of slot
                                                      machines or devices; five or
                                                      more machines.
1124
           849.25(3)                        2nd       Bookmaking; second or
                                                      subsequent offense.
1125
           874.05(1)(b)                     2nd       Encouraging or recruiting
                                                      another to join a criminal
                                                      gang; second or subsequent
                                                      offense.
1126
           874.05(2)(a)                     2nd       Encouraging or recruiting
                                                      person under 13 years of age to
                                                      join a criminal gang.
1127

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          CS/CS/HB 189                                                                                         2026




           893.13(1)(a)1.                   2nd       Sell, manufacture, or deliver
                                                      cocaine (or other s.
                                                      893.03(1)(a), (1)(b), (1)(d),
                                                      (2)(a), (2)(b), or (2)(c)5.
                                                      drugs).
1128
           893.13(1)(c)2.                   2nd       Sell, manufacture, or deliver
                                                      cannabis (or other s.
                                                      893.03(1)(c), (2)(c)1.,
                                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                                      (2)(c)10., (3), or (4) drugs)
                                                      within 1,000 feet of a child
                                                      care facility, school, or
                                                      state, county, or municipal
                                                      park or publicly owned
                                                      recreational facility or
                                                      community center.
1129
           893.13(1)(d)1.                   1st       Sell, manufacture, or deliver
                                                      cocaine (or other s.
                                                      893.03(1)(a), (1)(b), (1)(d),
                                                      (2)(a), (2)(b), or (2)(c)5.
                                                      drugs) within 1,000 feet of
                                                      university.

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          CS/CS/HB 189                                                                                         2026




1130
           893.13(1)(e)2.                   2nd       Sell, manufacture, or deliver
                                                      cannabis or other drug
                                                      prohibited under s.
                                                      893.03(1)(c), (2)(c)1.,
                                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                                      (2)(c)10., (3), or (4) within
                                                      1,000 feet of property used for
                                                      religious services or a
                                                      specified business site.
1131
           893.13(1)(f)1.                   1st       Sell, manufacture, or deliver
                                                      cocaine (or other s.
                                                      893.03(1)(a), (1)(b), (1)(d),
                                                      or (2)(a), (2)(b), or (2)(c)5.
                                                      drugs) within 1,000 feet of
                                                      public housing facility.
1132
           893.13(4)(b)                     2nd       Use or hire of minor; deliver
                                                      to minor other controlled
                                                      substance.
1133
           893.1351(1)                      3rd       Ownership, lease, or rental for
                                                      trafficking in or manufacturing

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          CS/CS/HB 189                                                                                         2026




                                                      of controlled substance.
1134
1135              (g)     LEVEL 7
1136
           Florida                       Felony
           Statute                       Degree                        Description
1137
           316.027(2)(c)                    1st       Accident involving death,
                                                      failure to stop; leaving scene.
1138
           316.193(3)(c)2.                  3rd       DUI resulting in serious bodily
                                                      injury.
1139
           316.1935(3)(b)                   1st       Causing serious bodily injury
                                                      or death to another person;
                                                      driving at high speed or with
                                                      wanton disregard for safety
                                                      while fleeing or attempting to
                                                      elude law enforcement officer
                                                      who is in a patrol vehicle with
                                                      siren and lights activated.
1140
           327.35(3)(a)3.b.                 3rd       Vessel BUI resulting in serious
                                                      bodily injury.
1141

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          CS/CS/HB 189                                                                                         2026




           402.319(2)                       2nd       Misrepresentation and
                                                      negligence or intentional act
                                                      resulting in great bodily harm,
                                                      permanent disfiguration,
                                                      permanent disability, or death.
1142
           409.920                          3rd       Medicaid provider fraud;
              (2)(b)1.a.                              $10,000 or less.
1143
           409.920                          2nd       Medicaid provider fraud; more
              (2)(b)1.b.                              than $10,000, but less than
                                                      $50,000.
1144
           456.065(2)                       3rd       Practicing a health care
                                                      profession without a license.
1145
           456.065(2)                       2nd       Practicing a health care
                                                      profession without a license
                                                      which results in serious bodily
                                                      injury.
1146
           458.327(1)                       3rd       Practicing medicine without a
                                                      license.
1147
           459.013(1)                       3rd       Practicing osteopathic medicine

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          CS/CS/HB 189                                                                                         2026




                                                      without a license.
1148
           460.411(1)                       3rd       Practicing chiropractic
                                                      medicine without a license.
1149
           461.012(1)                       3rd       Practicing podiatric medicine
                                                      without a license.
1150
           462.17                           3rd       Practicing naturopathy without
                                                      a license.
1151
           463.015(1)                       3rd       Practicing optometry without a
                                                      license.
1152
           464.016(1)                       3rd       Practicing nursing without a
                                                      license.
1153
           465.015(2)                       3rd       Practicing pharmacy without a
                                                      license.
1154
           466.026(1)                       3rd       Practicing dentistry or dental
                                                      hygiene without a license.
1155
           467.201                          3rd       Practicing midwifery without a
                                                      license.

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          CS/CS/HB 189                                                                                         2026




1156
           468.366                          3rd       Delivering respiratory care
                                                      services without a license.
1157
           483.828(1)                       3rd       Practicing as clinical
                                                      laboratory personnel without a
                                                      license.
1158
           483.901(7)                       3rd       Practicing medical physics
                                                      without a license.
1159
           484.013(1)(c)                    3rd       Preparing or dispensing optical
                                                      devices without a prescription.
1160
           484.053                          3rd       Dispensing hearing aids without
                                                      a license.
1161
           494.0018(2)                      1st       Conviction of any violation of
                                                      chapter 494 in which the total
                                                      money and property unlawfully
                                                      obtained exceeded $50,000 and
                                                      there were five or more
                                                      victims.
1162
           560.123(8)(b)1.                  3rd       Failure to report currency or

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          CS/CS/HB 189                                                                                         2026




                                                      payment instruments exceeding
                                                      $300 but less than $20,000 by a
                                                      money services business.
1163
           560.125(5)(a)                    3rd       Money services business by
                                                      unauthorized person, currency
                                                      or payment instruments
                                                      exceeding $300 but less than
                                                      $20,000.
1164
           655.50(10)(b)1.                  3rd       Failure to report financial
                                                      transactions exceeding $300 but
                                                      less than $20,000 by financial
                                                      institution.
1165
           775.21(10)(a)                    3rd       Sexual predator; failure to
                                                      register; failure to renew
                                                      driver license or
                                                      identification card; other
                                                      registration violations.
1166
           775.21(10)(b)                    3rd       Sexual predator working where
                                                      children regularly congregate.
1167
           775.21(10)(g)                    3rd       Failure to report or providing

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          CS/CS/HB 189                                                                                         2026




                                                      false information about a
                                                      sexual predator; harbor or
                                                      conceal a sexual predator.
1168
           782.051(3)                       2nd       Attempted felony murder of a
                                                      person by a person other than
                                                      the perpetrator or the
                                                      perpetrator of an attempted
                                                      felony.
1169
           782.07(1)                        2nd       Killing of a human being by the
                                                      act, procurement, or culpable
                                                      negligence of another
                                                      (manslaughter).
1170
           782.071                          2nd       Killing of a human being or
                                                      unborn child by the operation
                                                      of a motor vehicle in a
                                                      reckless manner (vehicular
                                                      homicide).
1171
           782.072                          2nd       Killing of a human being by the
                                                      operation of a vessel in a
                                                      reckless manner (vessel
                                                      homicide).

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          CS/CS/HB 189                                                                                         2026




1172
           784.045(1)(a)1.                  2nd       Aggravated battery;
                                                      intentionally causing great
                                                      bodily harm or disfigurement.
1173
           784.045(1)(a)2.                  2nd       Aggravated battery; using
                                                      deadly weapon.
1174
           784.045(1)(b)                    2nd       Aggravated battery; perpetrator
                                                      aware victim pregnant.
1175
           784.048(4)                       3rd       Aggravated stalking; violation
                                                      of injunction or court order.
1176
           784.048(7)                       3rd       Aggravated stalking; violation
                                                      of court order.
1177
           784.07(2)(d)                     1st       Aggravated battery on law
                                                      enforcement officer.
1178
           784.074(1)(a)                    1st       Aggravated battery on sexually
                                                      violent predators facility
                                                      staff.
1179
           784.08(2)(a)                     1st       Aggravated battery on a person

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          CS/CS/HB 189                                                                                         2026




                                                      65 years of age or older.
1180
           784.081(1)                       1st       Aggravated battery on specified
                                                      official or employee.
1181
           784.082(1)                       1st       Aggravated battery by detained
                                                      person on visitor or other
                                                      detainee.
1182
           784.083(1)                       1st       Aggravated battery on code
                                                      inspector.
1183
           787.025(2)(b)                    2nd       Luring or enticing a child;
                                                      second or subsequent offense.
1184
           787.025(2)(c)                    2nd       Luring or enticing a child with
                                                      a specified prior conviction.
1185
           787.06(3)(a)2.                   1st       Human trafficking using
                                                      coercion for labor and services
                                                      of an adult.
1186
           787.06(3)(e)2.                   1st       Human trafficking using
                                                      coercion for labor and services
                                                      by the transfer or transport of

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          CS/CS/HB 189                                                                                         2026




                                                      an adult from outside Florida
                                                      to within the state.
1187
           790.07(4)                        1st       Specified weapons violation
                                                      subsequent to previous
                                                      conviction of s. 790.07(1) or
                                                      (2).
1188
           790.16(1)                        1st       Discharge of a machine gun
                                                      under specified circumstances.
1189
           790.165(2)                       2nd       Manufacture, sell, possess, or
                                                      deliver hoax bomb.
1190
           790.165(3)                       2nd       Possessing, displaying, or
                                                      threatening to use any hoax
                                                      bomb while committing or
                                                      attempting to commit a felony.
1191
           790.166(3)                       2nd       Possessing, selling, using, or
                                                      attempting to use a hoax weapon
                                                      of mass destruction.
1192
           790.166(4)                       2nd       Possessing, displaying, or
                                                      threatening to use a hoax

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          CS/CS/HB 189                                                                                         2026




                                                      weapon of mass destruction
                                                      while committing or attempting
                                                      to commit a felony.
1193
           790.23                       1st,PBL       Possession of a firearm by a
                                                      person who qualifies for the
                                                      penalty enhancements provided
                                                      for in s. 874.04.
1194
           794.08(4)                        3rd       Female genital mutilation;
                                                      consent by a parent, guardian,
                                                      or a person in custodial
                                                      authority to a victim younger
                                                      than 18 years of age.
1195
           796.05(1)                        1st       Live on earnings of a
                                                      prostitute; 2nd offense.
1196
           796.05(1)                        1st       Live on earnings of a
                                                      prostitute; 3rd and subsequent
                                                      offense.
1197
           800.04(5)(c)1.                   2nd       Lewd or lascivious molestation;
                                                      victim younger than 12 years of
                                                      age; offender younger than 18

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          CS/CS/HB 189                                                                                         2026




                                                      years of age.
1198
           800.04(5)(c)2.                   2nd       Lewd or lascivious molestation;
                                                      victim 12 years of age or older
                                                      but younger than 16 years of
                                                      age; offender 18 years of age
                                                      or older.
1199
           800.04(5)(e)                     1st       Lewd or lascivious molestation;
                                                      victim 12 years of age or older
                                                      but younger than 16 years;
                                                      offender 18 years or older;
                                                      prior conviction for specified
                                                      sex offense.
1200
           806.01(2)                        2nd       Maliciously damage structure by
                                                      fire or explosive.
1201
           810.02(3)(a)                     2nd       Burglary of occupied dwelling;
                                                      unarmed; no assault or battery.
1202
           810.02(3)(b)                     2nd       Burglary of unoccupied
                                                      dwelling; unarmed; no assault
                                                      or battery.
1203

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          CS/CS/HB 189                                                                                         2026




           810.02(3)(d)                     2nd       Burglary of occupied
                                                      conveyance; unarmed; no assault
                                                      or battery.
1204
           810.02(3)(e)                     2nd       Burglary of authorized
                                                      emergency vehicle.
1205
           812.014(2)(a)1.                  1st       Property stolen, valued at
                                                      $100,000 or more or a
                                                      semitrailer deployed by a law
                                                      enforcement officer; property
                                                      stolen while causing other
                                                      property damage; 1st degree
                                                      grand theft.
1206
           812.014(2)(b)2.                  2nd       Property stolen, cargo valued
                                                      at less than $50,000, grand
                                                      theft in 2nd degree.
1207
           812.014(2)(b)3.                  2nd       Property stolen, emergency
                                                      medical equipment; 2nd degree
                                                      grand theft.
1208
           812.014(2)(b)4.                  2nd       Property stolen, law
                                                      enforcement equipment from

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          CS/CS/HB 189                                                                                         2026




                                                      authorized emergency vehicle.
1209
           812.014(2)(g)                    2nd       Grand theft; second degree;
                                                      firearm with previous
                                                      conviction of s.
                                                      812.014(2)(c)5.
1210
           812.0145(2)(a)                   1st       Theft from person 65 years of
                                                      age or older; $50,000 or more.
1211
           812.019(2)                       1st       Stolen property; initiates,
                                                      organizes, plans, etc., the
                                                      theft of property and traffics
                                                      in stolen property.
1212
           812.131(2)(a)                    2nd       Robbery by sudden snatching.
1213
           812.133(2)(b)                    1st       Carjacking; no firearm, deadly
                                                      weapon, or other weapon.
1214
           817.034(4)(a)1.                  1st       Communications fraud, value
                                                      greater than $50,000.
1215
           817.234(8)(a)                    2nd       Solicitation of motor vehicle
                                                      accident victims with intent to

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          CS/CS/HB 189                                                                                         2026




                                                      defraud.
1216
           817.234(9)                       2nd       Organizing, planning, or
                                                      participating in an intentional
                                                      motor vehicle collision.
1217
           817.234(11)(c)                   1st       Insurance fraud; property value
                                                      $100,000 or more.
1218
           817.2341                         1st       Making false entries of
              (2)(b) &                                material fact or false
           (3)(b)                                     statements regarding property
                                                      values relating to the solvency
                                                      of an insuring entity which are
                                                      a significant cause of the
                                                      insolvency of that entity.
1219
           817.418(2)(a)                    3rd       Offering for sale or
                                                      advertising personal protective
                                                      equipment with intent to
                                                      defraud.
1220
           817.504(1)(a)                    3rd       Offering or advertising a
                                                      vaccine with intent to defraud.
1221

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          CS/CS/HB 189                                                                                         2026




           817.535(2)(a)                    3rd       Filing false lien or other
                                                      unauthorized document.
1222
           817.611(2)(b)                    2nd       Traffic in or possess 15 to 49
                                                      counterfeit credit cards or
                                                      related documents.
1223
           825.102(3)(b)                    2nd       Neglecting an elderly person or
                                                      disabled adult causing great
                                                      bodily harm, disability, or
                                                      disfigurement.
1224
           825.103(3)(b)                    2nd       Exploiting an elderly person or
                                                      disabled adult and property is
                                                      valued at $10,000 or more, but
                                                      less than $50,000.
1225
           827.03(2)(b)                     2nd       Neglect of a child causing
                                                      great bodily harm, disability,
                                                      or disfigurement.
1226
           827.04(3)                        3rd       Impregnation of a child under
                                                      16 years of age by person 21
                                                      years of age or older.
1227

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          CS/CS/HB 189                                                                                         2026




           827.071(2) & (3)                 2nd       Use or induce a child in a
                                                      sexual performance, or promote
                                                      or direct such performance.
1228
           827.071(4)                       2nd       Possess with intent to promote
                                                      any photographic material,
                                                      motion picture, etc., which
                                                      includes child pornography.
1229
           837.05(2)                        3rd       Giving false information about
                                                      alleged capital felony to a law
                                                      enforcement officer.
1230
           838.015                          2nd       Bribery.
1231
           838.016                          2nd       Unlawful compensation or reward
                                                      for official behavior.
1232
           838.021(3)(a)                    2nd       Unlawful harm to a public
                                                      servant.
1233
           838.22                           2nd       Bid tampering.
1234
           843.0855(2)                      3rd       Impersonation of a public
                                                      officer or employee.

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          CS/CS/HB 189                                                                                         2026




1235
           843.0855(3)                      3rd       Unlawful simulation of legal
                                                      process.
1236
           843.0855(4)                      3rd       Intimidation of a public
                                                      officer or employee.
1237
           847.0135(3)                      3rd       Solicitation of a child, via a
                                                      computer service, to commit an
                                                      unlawful sex act.
1238
           847.0135(4)                      2nd       Traveling to meet a minor to
                                                      commit an unlawful sex act.
1239
           849.155                          1st       Trafficking in slot machines or
                                                      devices or any parts thereof.
1240
           872.06                           2nd       Abuse of a dead human body.
1241
           874.05(2)(b)                     1st       Encouraging or recruiting
                                                      person under 13 to join a
                                                      criminal gang; second or
                                                      subsequent offense.
1242
           874.10                       1st,PBL       Knowingly initiates, organizes,

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          CS/CS/HB 189                                                                                         2026




                                                      plans, finances, directs,
                                                      manages, or supervises criminal
                                                      gang-related activity.
1243
           893.13(1)(c)1.                   1st       Sell, manufacture, or deliver
                                                      cocaine (or other drug
                                                      prohibited under s.
                                                      893.03(1)(a), (1)(b), (1)(d),
                                                      (2)(a), (2)(b), or (2)(c)5.)
                                                      within 1,000 feet of a child
                                                      care facility, school, or
                                                      state, county, or municipal
                                                      park or publicly owned
                                                      recreational facility or
                                                      community center.
1244
           893.13(1)(e)1.                   1st       Sell, manufacture, or deliver
                                                      cocaine or other drug
                                                      prohibited under s.
                                                      893.03(1)(a), (1)(b), (1)(d),
                                                      (2)(a), (2)(b), or (2)(c)5.,
                                                      within 1,000 feet of property
                                                      used for religious services or
                                                      a specified business site.
1245

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          CS/CS/HB 189                                                                                         2026




           893.13(4)(a)                     1st       Use or hire of minor; deliver
                                                      to minor other controlled
                                                      substance.
1246
           893.135(1)(a)1.                  1st       Trafficking in cannabis, more
                                                      than 25 lbs., less than 2,000
                                                      lbs.
1247
           893.135                          1st       Trafficking in cocaine, more
              (1)(b)1.a.                              than 28 grams, less than 200
                                                      grams.
1248
           893.135                          1st       Trafficking in illegal drugs,
              (1)(c)1.a.                              more than 4 grams, less than 14
                                                      grams.
1249
           893.135                          1st       Trafficking in hydrocodone, 28
              (1)(c)2.a.                              grams or more, less than 50
                                                      grams.
1250
           893.135                          1st       Trafficking in hydrocodone, 50
              (1)(c)2.b.                              grams or more, less than 100
                                                      grams.
1251
           893.135                          1st       Trafficking in oxycodone, 7

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          CS/CS/HB 189                                                                                         2026




              (1)(c)3.a.                              grams or more, less than 14
                                                      grams.
1252
           893.135                          1st       Trafficking in oxycodone, 14
              (1)(c)3.b.                              grams or more, less than 25
                                                      grams.
1253
           893.135                          1st       Trafficking in fentanyl, 4
              (1)(c)4.b.(I)                           grams or more, less than 14
                                                      grams.
1254
           893.135                          1st       Trafficking in phencyclidine,
              (1)(d)1.a.                              28 grams or more, less than 200
                                                      grams.
1255
           893.135(1)(e)1.                  1st       Trafficking in methaqualone,
                                                      200 grams or more, less than 5
                                                      kilograms.
1256
           893.135(1)(f)1.                  1st       Trafficking in amphetamine, 14
                                                      grams or more, less than 28
                                                      grams.
1257
           893.135                          1st       Trafficking in flunitrazepam, 4
              (1)(g)1.a.                              grams or more, less than 14

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          CS/CS/HB 189                                                                                         2026




                                                      grams.
1258
           893.135                          1st       Trafficking in gamma-
              (1)(h)1.a.                              hydroxybutyric acid (GHB), 1
                                                      kilogram or more, less than 5
                                                      kilograms.
1259
           893.135                          1st       Trafficking in 1,4-Butanediol,
              (1)(j)1.a.                              1 kilogram or more, less than 5
                                                      kilograms.
1260
           893.135                          1st       Trafficking in Phenethylamines,
              (1)(k)2.a.                              10 grams or more, less than 200
                                                      grams.
1261
           893.135                          1st       Trafficking in synthetic
              (1)(m)2.a.                              cannabinoids, 280 grams or
                                                      more, less than 500 grams.
1262
           893.135                          1st       Trafficking in synthetic
              (1)(m)2.b.                              cannabinoids, 500 grams or
                                                      more, less than 1,000 grams.
1263
           893.135                          1st       Trafficking in n-benzyl
              (1)(n)2.a.                              phenethylamines, 14 grams or

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          CS/CS/HB 189                                                                                         2026




                                                      more, less than 100 grams.
1264
           893.1351(2)                      2nd       Possession of place for
                                                      trafficking in or manufacturing
                                                      of controlled substance.
1265
           896.101(5)(a)                    3rd       Money laundering, financial
                                                      transactions exceeding $300 but
                                                      less than $20,000.
1266
           896.104(4)(a)1.                  3rd       Structuring transactions to
                                                      evade reporting or registration
                                                      requirements, financial
                                                      transactions exceeding $300 but
                                                      less than $20,000.
1267
           943.0435(4)(c)                   2nd       Sexual offender vacating
                                                      permanent residence; failure to
                                                      comply with reporting
                                                      requirements.
1268
           943.0435(8)                      2nd       Sexual offender; remains in
                                                      state after indicating intent
                                                      to leave; failure to comply
                                                      with reporting requirements.

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          CS/CS/HB 189                                                                                         2026




1269
           943.0435(9)(a)                   3rd       Sexual offender; failure to
                                                      comply with reporting
                                                      requirements.
1270
           943.0435(13)                     3rd       Failure to report or providing
                                                      false information about a
                                                      sexual offender; harbor or
                                                      conceal a sexual offender.
1271
           943.0435(14)                     3rd       Sexual offender; failure to
                                                      report and reregister; failure
                                                      to respond to address
                                                      verification; providing false
                                                      registration information.
1272
           944.607(9)                       3rd       Sexual offender; failure to
                                                      comply with reporting
                                                      requirements.
1273
           944.607(10)(a)                   3rd       Sexual offender; failure to
                                                      submit to the taking of a
                                                      digitized photograph.
1274
           944.607(12)                      3rd       Failure to report or providing

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          CS/CS/HB 189                                                                                         2026




                                                      false information about a
                                                      sexual offender; harbor or
                                                      conceal a sexual offender.
1275
           944.607(13)                      3rd       Sexual offender; failure to
                                                      report and reregister; failure
                                                      to respond to address
                                                      verification; providing false
                                                      registration information.
1276
           985.4815(10)                     3rd       Sexual offender; failure to
                                                      submit to the taking of a
                                                      digitized photograph.
1277
           985.4815(12)                     3rd       Failure to report or providing
                                                      false information about a
                                                      sexual offender; harbor or
                                                      conceal a sexual offender.
1278
           985.4815(13)                     3rd       Sexual offender; failure to
                                                      report and reregister; failure
                                                      to respond to address
                                                      verification; providing false
                                                      registration information.
1279

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          CS/CS/HB 189                                                                                         2026




1280              Section 28.           Paragraph (a) of subsection (1) and paragraph
1281      (a) of subsection (2) of section 772.102, Florida Statutes, are
1282      amended to read:
1283              772.102       Definitions.—As used in this chapter, the term:
1284              (1)      "Criminal activity" means to commit, to attempt to
1285      commit, to conspire to commit, or to solicit, coerce, or
1286      intimidate another person to commit:
1287              (a)      Any crime that is chargeable by indictment or
1288      information under the following provisions:
1289              1.      Section 210.18, relating to evasion of payment of
1290      cigarette taxes.
1291              2.      Section 414.39, relating to public assistance fraud.
1292              3.      Section 440.105 or s. 440.106, relating to workers'
1293      compensation.
1294              4.      Part IV of chapter 501, relating to telemarketing.
1295              5.      Chapter 517, relating to securities transactions.
1296              6.      Section 550.235 or s. 550.3551, relating to dogracing
1297      and horseracing.
1298              7.      Chapter 550, relating to jai alai frontons.
1299              8.      Chapter 552, relating to the manufacture, distribution,
1300      and use of explosives.
1301              9.      Chapter 562, relating to beverage law enforcement.
1302              10.      Section 624.401, relating to transacting insurance
1303      without a certificate of authority, s. 624.437(4)(c)1., relating
1304      to operating an unauthorized multiple-employer welfare

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          CS/CS/HB 189                                                                                         2026




1305      arrangement, or s. 626.902(1)(b), relating to representing or
1306      aiding an unauthorized insurer.
1307              11.     Chapter 687, relating to interest and usurious
1308      practices.
1309              12.     Section 721.08, s. 721.09, or s. 721.13, relating to
1310      real estate timeshare plans.
1311              13.     Chapter 782, relating to homicide.
1312              14.     Chapter 784, relating to assault and battery.
1313              15.     Chapter 787, relating to kidnapping or human
1314      trafficking.
1315              16.     Chapter 790, relating to weapons and firearms.
1316              17.     Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1317      relating to prostitution.
1318              18.     Chapter 806, relating to arson.
1319              19.     Section 810.02(2)(c), relating to specified burglary
1320      of a dwelling or structure.
1321              20.     Chapter 812, relating to theft, robbery, and related
1322      crimes.
1323              21.     Chapter 815, relating to computer-related crimes.
1324              22.     Chapter 817, relating to fraudulent practices, false
1325      pretenses, fraud generally, and credit card crimes.
1326              23.     Section 827.071, relating to commercial sexual
1327      exploitation of children.
1328              24.     Chapter 831, relating to forgery and counterfeiting.
1329              25.     Chapter 832, relating to issuance of worthless checks

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          CS/CS/HB 189                                                                                         2026




1330      and drafts.
1331              26.     Section 836.05, relating to extortion.
1332              27.     Chapter 837, relating to perjury.
1333              28.     Chapter 838, relating to bribery and misuse of public
1334      office.
1335              29.     Chapter 843, relating to obstruction of justice.
1336              30.     Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1337      s. 847.07, relating to obscene literature and profanity.
1338              31.     Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1339      849.25, relating to gambling.
1340              32.     Chapter 893, relating to drug abuse prevention and
1341      control.
1342              33.     Section 914.22 or s. 914.23, relating to witnesses,
1343      victims, or informants.
1344              34.     Section 918.12, s. 918.125, or s. 918.13, relating to
1345      tampering with or harassing court officials, retaliating against
1346      court officials, and tampering with evidence.
1347              (2)     "Unlawful debt" means any money or other thing of
1348      value constituting principal or interest of a debt that is
1349      legally unenforceable in this state in whole or in part because
1350      the debt was incurred or contracted:
1351              (a)     In violation of any one of the following provisions of
1352      law:
1353              1.      Section 550.235 or s. 550.3551, relating to dogracing
1354      and horseracing.

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          CS/CS/HB 189                                                                                         2026




1355              2.      Chapter 550, relating to jai alai frontons.
1356              3.      Section 687.071, relating to criminal usury and loan
1357      sharking.
1358              4.      Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1359      849.25, relating to gambling.
1360              Section 29.           Paragraph (a) of subsection (12) of section
1361      895.02, Florida Statutes, is amended to read:
1362              895.02        Definitions.—As used in ss. 895.01-895.08, the
1363      term:
1364              (12)        "Unlawful debt" means any money or other thing of
1365      value constituting principal or interest of a debt that is
1366      legally unenforceable in this state in whole or in part because
1367      the debt was incurred or contracted:
1368              (a)      In violation of any one of the following provisions of
1369      law:
1370              1.      Section 550.235 or s. 550.3551, relating to dogracing
1371      and horseracing.
1372              2.      Chapter 550, relating to jai alai frontons.
1373              3.      Section 551.109, relating to slot machine gaming.
1374              4.      Chapter 687, relating to interest and usury.
1375              5.      Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1376      849.25, relating to gambling.
1377              Section 30.           This act shall take effect October 1, 2026.




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                                COMMERCE COMMITTEE

                             CS/CS/HB 189 by Rep. Trabulsy
                                      Gambling

                                 AMENDMENT SUMMARY
                                   February 10, 2026

Amendment (#598523) by Rep. Trabulsy (strike-all):
  • Allows the Gaming Control Commission, rather than the Chair of the Commission, to
     appoint its agency inspector general.
  • Creates criminal penalties for government employees who knowingly certify, license,
     approve, aid, facilitate, or conceal the operation of an illegal gambling house.
  • Authorizes the Department of Business and Professional Regulation, the Commission,
     and the Office of Financial Regulation to suspend, revoke, or deny certain professional
     licenses if the licensee or applicant violates illegal gambling house or slot machine laws,
     and creates a $75,000 fine for such violations.
  • Provides that “Internet Sports Wagering” does not include fantasy sports contests as
     defined in s. 849.0932, F.S., or any pari-mutuel wagering activity.
  • Defines “part thereof” in certain crimes related to illegal slot machines and devices.
  • Allows criminal justice agencies to destroy excess (more than five) seized slot machines.
  • Requires criminal justice agencies to retain at least five seized slot machines during an
     investigation.
  • Allows the Commission to destroy all slot machines or devices 60 days after conclusion
     of the investigation if no claims have been made.
  • Allows the court to consider the amount of money seized when determining bail related
     to gambling violations.
  • Creates a 30-day timeframe in which illegal gaming devices may be surrendered without
     penalty to the Commission, requires the Commission to advertise the program 60 days
     prior to the start of the program, and allows the Commission to execute MOUs with other
     criminal justice agencies to facilitate the program.
  • Clarifies that local governments are allowed to prohibit gaming.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                Bill No. CS/CS/HB 189   (2026)
       Amendment No.




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


 1     Committee/Subcommittee hearing bill:      Commerce Committee
 2     Representative Trabulsy offered the following:
 3
 4          Amendment (with title amendment)
 5          Remove everything after the enacting clause and insert:
 6
 7          Section 1.   Subsection (3) of section 16.712, Florida
 8     Statutes, is amended to read:
 9          16.712   Florida Gaming Control Commission authorizations,
10     duties, and responsibilities.—
11          (3)    By December 1 of each year, the commission shall make
12     an annual report to the Governor, the President of the Senate,
13     and the Speaker of the House of Representatives. The report
14     must, at a minimum, include all of the following:
15          (h)    A summary of actions taken and investigations
16     conducted by the commission, including the number of
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                                             Bill No. CS/CS/HB 189   (2026)
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17     investigations that led to criminal charges or any information
18     being filed and the resolution of such criminal charges or case.
19          (i)   The number of complaints received by the commission
20     categorized by subject matter or the type of complaint and a
21     summary of the action taken on each complaint by the commission.
22          (j)   A list of property seized by the commission during the
23     course of investigations, and the disposition of such property,
24     including a list of forfeiture actions.
25          Section 2.   Paragraphs (a) and (b) of subsection (2) of
26     section 16.713, Florida Statutes, are amended to read:
27          16.713    Florida Gaming Control Commission; appointment and
28     employment restrictions.—
29          (2)   PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
30     INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
31     COMMISSION.—
32          (a)   A person may not, for the 2 years immediately
33     preceding the date of appointment to or employment with the
34     commission and while appointed to or employed with the
35     commission:
36          1.    Hold a permit or license issued under chapter 550 or a
37     license issued under chapter 551 or chapter 849; be an officer,
38     official, or employee of such permitholder or licensee; or be an
39     ultimate equitable owner, as defined in s. 550.002(37), of such
40     permitholder or licensee;
41          2.    Be an officer, official, employee, or other person with
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                                             Bill No. CS/CS/HB 189   (2026)
       Amendment No.


42     duties or responsibilities relating to a gaming operation owned
43     by an Indian tribe that has a valid and active compact with the
44     state; be a contractor or subcontractor of such tribe or an
45     entity employed, licensed, or contracted by such tribe; or be an
46     ultimate equitable owner, as defined in s. 550.002(37), of such
47     entity;
48          3.    Be a registered lobbyist for the executive or
49     legislative branch, except while a commissioner or employee of
50     the commission when officially representing the commission or
51     unless the person registered as a lobbyist for the executive or
52     legislative branch while employed by a state agency as defined
53     in s. 110.107 during the normal course of his or her employment
54     with such agency and he or she has not lobbied on behalf of any
55     entity other than a state agency during the 2 years immediately
56     preceding the date of his or her appointment to or employment
57     with the commission; or
58          4.    Be a bingo game operator or an employee of a bingo game
59     operator; or
60          5.    Be an employee, associate, owner, or contractor for any
61     person or entity that conducts or facilitates an activity
62     regulated, enforced, or investigated by the commission,
63     including fantasy sports contests and other betting activities.
64          (b)   A person is ineligible for appointment to or
65     employment with the commission if, within the 2 years
66     immediately preceding such appointment or employment, he or she
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67     violated paragraph (a) or solicited or accepted employment with,
68     acquired any direct or indirect interest in, or had any direct
69     or indirect business association, partnership, or financial
70     relationship with, or is a relative of:
71          1.   Any person or entity who is an applicant, licensee, or
72     registrant with the commission; or
73          2.   Any officer, official, employee, or other person with
74     duties or responsibilities relating to a gaming operation owned
75     by an Indian tribe that has a valid and active compact with the
76     state; any contractor or subcontractor of such tribe or an
77     entity employed, licensed, or contracted by such tribe; or any
78     ultimate equitable owner, as defined in s. 550.002(37), of such
79     entity; or
80          3.   Any person or entity that conducts or facilitates an
81     activity regulated, enforced, or investigated by the commission,
82     including fantasy sports contests and other betting activities.
83
84     For the purposes of this subsection, the term "relative" means a
85     spouse, father, mother, son, daughter, grandfather, grandmother,
86     brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
87     law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
88     sister-in-law, stepfather, stepmother, stepson, stepdaughter,
89     stepbrother, stepsister, half brother, or half sister.
90          Section 3.   Paragraph (b) of subsection (1) and paragraphs
91     (b) and (c) of subsection (2) of section 16.715, Florida
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                                               Bill No. CS/CS/HB 189   (2026)
        Amendment No.


92      Statutes, are amended to read:
93           16.715   Florida Gaming Control Commission standards of
94      conduct; ex parte communications.—
95           (1)   STANDARDS OF CONDUCT.—
96           (b)1.    A commissioner or employee of the commission may not
97      accept anything from any business entity that, either directly
98      or indirectly, owns or controls any person regulated by the
99      commission or from any business entity that, either directly or
100     indirectly, is an affiliate or subsidiary of any person
101     regulated by the commission.
102          2.    A commissioner or an employee may attend conferences,
103     along with associated meals and events that are generally
104     available to all conference participants, without payment of any
105     fees in addition to the conference fee. Additionally, while
106     attending a conference, a commissioner or an employee may attend
107     meetings, meals, or events that are not sponsored, in whole or
108     in part, by any representative of any person regulated by the
109     commission and that are limited to commissioners or employees
110     only, committee members, or speakers if the commissioner or
111     employee is a member of a committee of the association of
112     regulatory agencies which organized the conference or is a
113     speaker at the conference. It is not a violation of this
114     subparagraph for a commissioner or an employee to attend a
115     conference for which conference participants who are employed by
116     a person regulated by the commission have paid a higher
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117     conference registration fee than the commissioner or employee,
118     or to attend a meal or event that is generally available to all
119     conference participants without payment of any fees in addition
120     to the conference fee and that is sponsored, in whole or in
121     part, by a person regulated by the commission.
122          3.   While employed, and for 2 years after service as a
123     commissioner or for 2 years after employment with the
124     commission, a commissioner or an employee may not accept any
125     form of employment with or engage in any business activity with
126     any business entity that, either directly or indirectly, owns or
127     controls any person regulated by the commission; any person
128     regulated by the commission; or any business entity that, either
129     directly or indirectly, is an affiliate or subsidiary of any
130     person regulated by the commission; or be an employee,
131     associate, owner, or contractor for any person or entity that
132     conducts or facilitates an activity regulated, enforced, or
133     investigated by the commission, including fantasy sports
134     contests and other betting activities.
135          4.   While employed, and for 2 years after service as a
136     commissioner or for 2 years after employment with the
137     commission, a commissioner, an employee, or a relative living in
138     the same household as a commissioner or an employee may not have
139     any financial interest, other than shares in a mutual fund, in
140     any person regulated by the commission; in any business entity
141     that, either directly or indirectly, owns or controls any person
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142     regulated by the commission; or in any business entity that,
143     either directly or indirectly, is an affiliate or a subsidiary
144     of any person regulated by the commission; or be an employee,
145     associate, owner, or contractor for any person or entity that
146     conducts or facilitates an activity regulated, enforced, or
147     investigated by the commission, including fantasy sports
148     contests and other betting activities. If a commissioner, an
149     employee, or a relative living in the same household as a
150     commissioner or an employee acquires any financial interest
151     prohibited by this subsection during the commissioner's term of
152     office or the employee's employment with the commission as a
153     result of events or actions beyond the commissioner's, the
154     employee's, or the relative's control, he or she shall
155     immediately sell such financial interest. For the purposes of
156     this subsection, the term "relative" has the same meaning as in
157     s. 16.713(2)(b).
158          5.   A commissioner or an employee may not accept anything
159     from a party in a proceeding currently pending before the
160     commission.
161          6.   A commissioner may not serve as the representative of
162     any political party or on any executive committee or other
163     governing body of a political party; serve as an executive
164     officer or employee of any political party, committee,
165     organization, or association; receive remuneration for
166     activities on behalf of any candidate for public office; engage
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167     on behalf of any candidate for public office in the solicitation
168     of votes or other activities on behalf of such candidacy; or
169     become a candidate for election to any public office without
170     first resigning from office.
171          7.    A commissioner, during his or her term of office, may
172     not make any public comment regarding the merits of any
173     proceeding under ss. 120.569 and 120.57 currently pending before
174     the commission.
175          8.    A commissioner or an employee may not act in an
176     unprofessional manner at any time during the performance of
177     official duties.
178          9.    A commissioner or an employee must avoid impropriety in
179     all activities and must act at all times in a manner that
180     promotes public confidence in the integrity and impartiality of
181     the commission.
182          10.    A commissioner or an employee may not directly or
183     indirectly, through staff or other means, solicit anything of
184     value from any person regulated by the commission, or from any
185     business entity that, whether directly or indirectly, is an
186     affiliate or a subsidiary of any person regulated by the
187     commission, or from any party appearing in a proceeding
188     considered by the commission in the last 2 years.
189          11.    A commissioner may not lobby the Governor or any
190     agency of the state, members or employees of the Legislature, or
191     any county or municipal government or governmental agency except
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192     to represent the commission in an official capacity.
193          (2)   FORMER COMMISSIONERS AND EMPLOYEES.—
194          (b)    A commissioner, the executive director, or an employee
195     of the commission may not, for the 2 years immediately following
196     the date of resignation or termination from the commission:
197          1.    Hold a permit or license issued under chapter 550, or a
198     license issued under chapter 551 or chapter 849; be an officer,
199     official, or employee of such permitholder or licensee; or be an
200     ultimate equitable owner, as defined in s. 550.002(37), of such
201     permitholder or licensee; or be an employee, associate, owner,
202     or contractor for any person or entity that conducts or
203     facilitates an activity regulated, enforced, or investigated by
204     the commission, including fantasy sports contests and other
205     betting activities;
206          2.    Accept employment by or compensation from a business
207     entity that, directly or indirectly, owns or controls a person
208     regulated by the commission; from a person regulated by the
209     commission; from a business entity which, directly or
210     indirectly, is an affiliate or subsidiary of a person regulated
211     by the commission; or from a business entity or trade
212     association that has been a party to a commission proceeding
213     within the 2 years preceding the member's resignation or
214     termination of service on the commission; or from any person or
215     entity that conducts or facilitates an activity regulated,
216     enforced, or investigated by the commission, including fantasy
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217     sports contests and other betting activities; or
218          3.    Be a bingo game operator or an employee of a bingo game
219     operator.
220          (c)    A person employed by the commission may not, for the 2
221     years immediately following the date of termination or
222     resignation from employment with the commission:
223          1.    Hold a permit or license issued under chapter 550, or a
224     license issued under chapter 551 or chapter 849; be an officer,
225     official, or employee of such permitholder or licensee; or be an
226     ultimate equitable owner, as defined in s. 550.002(37), of such
227     permitholder or licensee; or be an employee, associate, owner,
228     or contractor for any person or entity that conducts or
229     facilitates an activity regulated, enforced, or investigated by
230     the commission, including fantasy sports contests and other
231     betting activities; or
232          2.    Be a bingo game operator or an employee of a bingo game
233     operator.
234          Section 4.    Subsections (1) and (3) of section 20.055,
235     Florida Statutes, are amended to read:
236          20.055    Agency inspectors general.—
237          (1)    As used in this section, the term:
238          (a)    "Agency head" means the Governor, a Cabinet officer,
239     or a secretary or executive director as those terms are defined
240     in s. 20.03, the chair of the Public Service Commission, the
241     Director of the Office of Insurance Regulation of the Financial
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242     Services Commission, the Director of the Office of Financial
243     Regulation of the Financial Services Commission, the board of
244     directors of the Florida Housing Finance Corporation, the
245     commissioners chair of the Florida Gaming Control Commission,
246     and the Chief Justice of the State Supreme Court.
247          (3)(a)1.   For state agencies under the jurisdiction of the
248     Cabinet or the Governor and Cabinet, or for the Florida Gaming
249     Control Commission, the inspector general shall be appointed by
250     the agency head. For state agencies under the jurisdiction of
251     the Governor, the inspector general shall be appointed by the
252     Chief Inspector General. The agency head or Chief Inspector
253     General shall notify the Governor in writing of his or her
254     intention to hire the inspector general at least 7 days before
255     an offer of employment. The inspector general shall be appointed
256     without regard to political affiliation.
257          2.   Within 60 days after a vacancy or anticipated vacancy
258     in the position of inspector general, the agency head or, for
259     agencies under the jurisdiction of the Governor, the Chief
260     Inspector General, shall initiate a national search for an
261     inspector general and shall set the salary of the inspector
262     general. Effective July 1, 2017, an agency that enters into an
263     employment agreement, or renewal or renegotiation of an existing
264     contract or employment agreement with an inspector general or
265     deputy inspector, may not offer a bonus on work performance in
266     the contract or agreement and the awarding of such bonuses is
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267     prohibited. In the event of a vacancy in the position of
268     inspector general, the agency head or, for agencies under the
269     jurisdiction of the Governor, the Chief Inspector General, may
270     appoint other office of inspector general management personnel
271     as interim inspector general until such time as a successor
272     inspector general is appointed.
273          3.   A former or current elected official may not be
274     appointed inspector general within 5 years after the end of such
275     individual's period of service. This restriction does not
276     prohibit the reappointment of a current inspector general.
277          Section 5.   Present subsections (8) and (9) of section
278     546.10, Florida Statutes, are renumbered as subsections (9) and
279     (10), respectively, and a new subsection (8) is added to that
280     section, to read:
281          546.10   Amusement games or machines.—
282          (8)(a)1.   Before purchasing or installing a game or machine
283     on the premises of any veterans' service organization granted a
284     federal charter under Title 36, U.S.C., or a division, a
285     department, a post, or a chapter of such organization, for which
286     an alcoholic beverage license has been issued, and the veterans'
287     service organization is in doubt about whether a machine meets
288     the definition of an amusement machine under this section, the
289     organization may petition the Florida Gaming Control Commission
290     for a declaratory statement under s. 120.565 on whether the
291     operation of the game or machine complies with this section or
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292     chapter 849. An organization awaiting a declaratory statement
293     from the commission may not purchase or install such game or
294     machine until the declaratory statement is issued.
295          2.    If there is a game or machine currently on the premises
296     of any veterans' service organization granted a federal charter
297     under Title 36, U.S.C., or a division, a department, a post, or
298     a chapter of such organization, for which an alcoholic beverage
299     license has been issued and the veterans' service organization
300     is in doubt about whether a machine meets the definition of an
301     amusement machine under this section, the organization may
302     petition the commission for a declaratory statement pursuant to
303     s. 120.565 on whether the operation of the game or machine
304     complies with this section or would be a violation of this
305     section or chapter 849. If the game, machine, premises, or
306     organization is the subject of an ongoing criminal
307     investigation, the organization is not entitled to petition the
308     commission for a declaratory statement under this subsection and
309     the commission may deny a petition on such grounds.
310          3.    The commission shall issue a declaratory statement
311     pursuant to this subsection within 60 days after receiving a
312     petition requesting such statement. The commission may not deny
313     a petition that is validly requested pursuant to this subsection
314     and s. 120.565.
315          (b)    A petition made under this subsection must provide
316     enough information for the commission to issue the declaratory
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317     statement and must be accompanied by the exact specifications
318     for the type of game or machine that the organization will
319     purchase or install or currently has on the premises. The
320     declaratory statement is valid only for the game or machine for
321     which it is requested and is invalid if the specifications for
322     the game or the machine have been changed.
323            (c)    The declaratory statement is binding on the commission
324     and may be introduced in any subsequent proceedings as evidence
325     of a good faith effort to comply with this section or chapter
326     849.
327            (d)    This subsection does not prevent the commission or any
328     other criminal justice agency as defined in s. 943.045 from
329     detecting, apprehending, and arresting a person for any alleged
330     violation of this chapter, chapter 24, part II of chapter 285,
331     chapter 550, chapter 551, or chapter 849, or any rule adopted
332     pursuant thereto, or of any law of this state.
333            (e)    This subsection does not require an owner or an
334     operator of an amusement game or machine under this section to
335     request or obtain a declaratory statement in order to operate
336     pursuant to this section.
337            Section 6.   Subsection (37) of section 550.002, Florida
338     Statutes, is amended to read:
339            550.002   Definitions.—As used in this chapter, the term:
340            (37)   "Ultimate equitable owner" means a natural person
341     who, directly or indirectly, owns or controls 5 percent or more
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342     of an ownership interest in a corporation, foreign corporation,
343     or alien business organization, regardless of whether such
344     person owns or controls such ownership through one or more
345     natural persons or one or more proxies, powers of attorney,
346     nominees, corporations, associations, partnerships, trusts,
347     joint stock companies, or other entities or devices, or any
348     combination thereof.
349          Section 7.   Paragraph (b) of subsection (11) and subsection
350     (12) of section 550.054, Florida Statutes, are amended to read:
351          550.054    Application for permit to conduct pari-mutuel
352     wagering.—
353          (11)
354          (b)    If a permit to conduct pari-mutuel wagering is held by
355     a corporation or business entity other than an individual, the
356     transfer of any 10 percent or more of the stock or other
357     evidence of ownership or equity in the permitholder may not be
358     made without the prior approval of the transferee by the
359     commission pursuant to s. 550.1815.
360          (12)    Changes in ownership or interest of a pari-mutuel
361     permit of any 5 percent or more of the stock or other evidence
362     of ownership or equity in the permitholder shall be approved by
363     the commission before prior to such change, unless the owner is
364     an existing owner of that permit who was previously approved by
365     the commission. Changes in ownership or interest of a pari-
366     mutuel permit of less than 5 percent shall be reported to the
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367     commission within 20 days of the change. The commission may then
368     conduct an investigation related to the request for to ensure
369     that the permit is properly updated to show the change in
370     ownership or interest.
371          Section 8.    Subsection (3) of section 550.09512, Florida
372     Statutes, is amended to read:
373          550.09512    Harness horse taxes; abandoned interest in a
374     permit for nonpayment of taxes.—
375          (3)(a)   The permit of a harness horse permitholder who is
376     conducting live harness horse performances and who does not pay
377     tax on handle for any such performances conducted during any 2
378     consecutive state fiscal years shall be void and may not be
379     reissued unless such failure to operate and pay tax on handle
380     was the direct result of fire, strike, war, hurricane, pandemic,
381     or other disaster or event beyond the ability of the
382     permitholder to control. Financial hardship to the permitholder
383     shall not, in and of itself, constitute just cause for failure
384     to operate and pay tax on handle.
385          (b)   In order to maximize the tax revenues to the state,
386     the commission shall reissue an escheated harness horse permit
387     to a qualified applicant pursuant to the provisions of this
388     chapter as for the issuance of an initial permit. However, the
389     provisions of this chapter relating to referendum requirements
390     for a pari-mutuel permit shall not apply to the reissuance of an
391     escheated harness horse permit. As specified in the application
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392     and upon approval by the commission of an application for the
393     permit, the new permitholder shall be authorized to operate a
394     harness horse facility anywhere in the same county in which the
395     escheated permit was authorized to be operated, notwithstanding
396     the provisions of s. 550.054(2) relating to mileage limitations.
397          Section 9.   Subsection (3) of section 550.09515, Florida
398     Statutes, is amended to read:
399          550.09515    Thoroughbred horse taxes; abandoned interest in
400     a permit for nonpayment of taxes.—
401          (3)(a)   The permit of a thoroughbred horse permitholder who
402     does not pay tax on handle for live thoroughbred horse
403     performances for a full schedule of live races during any 2
404     consecutive state fiscal years shall be void and shall not be
405     reissued escheat to and become the property of the state unless
406     such failure to operate and pay tax on handle was the direct
407     result of fire, strike, war, or other disaster or event beyond
408     the ability of the permitholder to control. Financial hardship
409     to the permitholder does shall not, in and of itself, constitute
410     just cause for failure to operate and pay tax on handle.
411          (b)   In order to maximize the tax revenues to the state,
412     the commission shall reissue an escheated thoroughbred horse
413     permit to a qualified applicant pursuant to the provisions of
414     this chapter as for the issuance of an initial permit. However,
415     the provisions of this chapter relating to referendum
416     requirements for a pari-mutuel permit shall not apply to the
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417     reissuance of an escheated thoroughbred horse permit. As
418     specified in the application and upon approval by the commission
419     of an application for the permit, the new permitholder shall be
420     authorized to operate a thoroughbred horse facility anywhere in
421     the same county in which the escheated permit was authorized to
422     be operated, notwithstanding the provisions of s. 550.054(2)
423     relating to mileage limitations.
424          Section 10.   Subsections (1) and (2) of section 838.12,
425     Florida Statutes, are amended, and subsection (3) is added, to
426     read:
427          838.12   Bribery in athletic contests.—
428          (1)   A person who Whoever gives, promises, offers or
429     conspires to give, promise or offer, to anyone who participates
430     or expects to participate in any professional or amateur game,
431     contest, match, race or sport; or to any umpire, referee, judge
432     or other official of such game, contest, match, race or sport;
433     or to any owner, manager, coach or trainer of, or to any
434     relative of, or to any person having any direct, indirect,
435     remote or possible connection with, any team, individual,
436     participant or prospective participant in any such professional
437     or amateur game, contest, match, race or sport, or the officials
438     aforesaid, any bribe, money, goods, present, reward or any
439     valuable thing whatsoever, or any promise, contract or agreement
440     whatsoever, with intent to influence him or her or them to lose
441     or cause to be lost any game, contest, match, race or sport, or
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442     to limit his or her or their or any person's or any team's
443     margin of victory in any game, contest, match, race, or sport,
444     or to fix or throw any game, contest, match, race or sport,
445     commits shall be guilty of a felony of the third degree,
446     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
447          (2)   Any participant or prospective participant in any
448     professional or amateur game, contest, match, race or sport; or
449     any umpire, referee, judge or other official of such game,
450     contest, match, race or sport; or any owner, manager, coach or
451     trainer of, or any relative of, or any person having any direct,
452     indirect, remote or possible connection with, any team,
453     individual, participant or prospective participant in any such
454     professional or amateur game, contest, match, race or sport, or
455     the officials aforesaid; who in any way solicits, receives or
456     accepts, or agrees to receive or accept, or who conspires to
457     receive or accept, any bribe, money, goods, present, reward or
458     any valuable thing whatsoever, or any promise, contract or
459     agreement whatsoever, with intent to lose or cause to be lost
460     any game, contest, match, race or sport, or to limit his, her,
461     their or any person's or any team's margin of victory in any
462     game, contest, match, race or sport, or to fix or throw any
463     game, contest, match, race or sport, commits shall be guilty of
464     a felony of the third degree, punishable as provided in s.
465     775.082, s. 775.083, or s. 775.084.
466          (3)   A person who stakes, bets, or wagers any money or
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467     other thing of value upon the result of any professional or
468     amateur game, contest, match, race, or sport with knowledge that
469     the results of such professional or amateur game, contest,
470     match, race, or sport are prearranged or predetermined as
471     described in subsection (1) or subsection (2) commits a felony
472     of the third degree, punishable as provided in s. 775.082, s.
473     775.083, or s. 775.084.
474          Section 11.   Section 849.01, Florida Statutes, is amended
475     to read:
476          849.01   Keeping gambling houses, etc.—A person who Whoever
477     by herself or himself, her or his servant, clerk or agent, or in
478     any other manner has, keeps, exercises or maintains a gaming
479     table or room, or gaming implements or apparatus, or house,
480     booth, tent, shelter or other place for the purpose of gaming or
481     gambling or in any place of which she or he may directly or
482     indirectly have charge, control or management, either
483     exclusively or with others, procures, suffers or permits any
484     person to play for money or other valuable thing at any game
485     whatever, whether heretofore prohibited or not, commits a felony
486     misdemeanor of the third second degree, punishable as provided
487     in s. 775.082, or s. 775.083, or s. 775.084.
488          Section 12.   Subsections (1), (2), and (3) are added to
489     section 849.02, Florida Statutes, to read:
490          849.02   Agents or employees of keeper of gambling house.—A
491     person who Whoever acts as servant, clerk, agent, or employee of
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492     any person in the violation of s. 849.01 commits:
493          (1)   For a first offense, a misdemeanor of the first
494     degree, punishable as provided in s. 775.082 or s. 775.083.
495          (2)   For a second offense, a felony of the third degree,
496     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
497          (3)   For a third or subsequent offense, a felony of the
498     second degree, punishable as provided in s. 775.082, s. 775.083,
499     or s. 775.084 shall be punished in the manner and to the extent
500     therein mentioned.
501          Section 13.   Section 849.021, Florida Statutes, is created
502     to read:
503          849.021    Government employee misconduct.--
504          (1) As used in this section, the term:
505          (a) “Government employee” means any person employed by, or
506     acting on behalf of, the state of Florida or any political
507     subdivision thereof.
508          (b) “Political subdivision” means a county, municipality,
509     department, commission, district, board, or other public body,
510     whether corporate or otherwise, created by or under state law.
511          (2) Any government employee who knowingly certifies,
512     licenses, approves, aids, facilitates, or conceals the operation
513     of a gambling house in violation of s. 849.01, commits:
514          (a) For a first offense, a felony of the third degree,
515     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
516          (b) For a second or subsequent offense, a felony of the
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517     second degree, punishable as provided in s. 775.082, s. 775.083,
518     or s. 775.084.
519            (3) This section does not apply to any person who is acting
520     in the scope of his or her employment and, in good faith,
521     reports suspected violations of chapter 849 to law enforcement
522     or regulatory agencies.
523            Section 14.   Section 849.023, Florida Statutes, is created
524     to read:
525            849.023   Licensure disqualifying offenses; corporate
526     shielding prohibited.—
527            (1) DEFINITIONS: As used in this section, the term:
528            (a) “License” means a license within the meaning of s.
529     120.52(10) issued by:
530            1. The Department of Business and Professional Regulation,
531     pursuant to chapter 509, chapter 561, chapter 562, chapter 563,
532     chapter 564, chapter 565, chapter 567, chapter 568, or chapter
533     569;
534            2. The Florida Gaming Control Commission, pursuant to
535     chapter 550, chapter 551, or s. 849.086;
536            3. The Office of Financial Regulation, pursuant to chapter
537     560.
538            (b) “Licensee” means a holder of a license.
539            (c) “Controlling Person” means:
540            1. A corporate officer or director, or, if a limited
541     liability company, manager of the licensee or applicant for a
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542     license;
543          2. A general partner, member, or owner of more than 5
544     percent of any equity interest, direct or indirect, in the
545     licensee or applicant;
546          3. An owner of any interest in the licensee or applicant,
547     including any immediate family member of the owner, or holder of
548     any debt, mortgage, contract, or concession from the licensee or
549     applicant, who by virtue thereof is able to control the business
550     of the licensee or applicant.
551          (d) “Owner” means a sole member or owner of 100 percent of
552     any equity interest, direct or indirect, in the licensee or
553     applicant.
554          (e) “Conviction” means a determination of guilt that is the
555     result of a plea or trial, regardless of whether adjudication is
556     withheld or a plea of nolo contendere is entered.
557          (2) PENALTIES:
558          (a)1. Pursuant to s. 120.60(6) and notwithstanding any
559     other provision of law specified in subsection (1), a violation
560     of s. 849.01, s. 849.03, or s. 849.15 is deemed to constitute an
561     immediate and serious danger to the public health, safety, and
562     welfare, and the Department of Business and Professional
563     Regulation, the Florida Gaming Control Commission, or the Office
564     of Financial Regulation, respectively, may summarily suspend the
565     license of any person convicted of a violation of s. 849.01, s.
566     849.03, or 849.15, regardless of adjudication, or any business
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567     entity if its controlling person or sole owner is convicted of a
568     violation of s. 849.01, s. 849.03 or s. 849.15, regardless of
569     adjudication.
570          2. In addition to any other penalty provided by law, a
571     licensee or an applicant, may have a license revoked or any
572     application thereof denied or not reissued, if the licensee or
573     applicant, the controlling person of the licensee or applicant,
574     or the sole owner of the licensee or applicant is convicted of a
575     violation of s. 849.01, s. 849.03, or s. 849.15, regardless of
576     adjudication.
577          3.a.    Notwithstanding subparagraph 2., a licensee or
578     applicant may retain, apply for, and be reissued a license if
579     the license-issuing agency specified in subsection (1)(a) finds
580     that such licensee has removed a controlling person from the
581     business.
582          b.    Notwithstanding paragraph (a), any licensee is subject
583     to a fine up to $75,000 for any conviction of a violation of s.
584     849.01, s. 849.03, or s. 849.15, regardless of adjudication.
585          Section 15.    Subsections (1) and (2) are added to section
586     849.03, Florida Statutes, to read:
587          849.03    Renting house for gambling purposes.—A person who
588     Whoever, whether as owner or agent, knowingly rents to another a
589     house, room, booth, tent, shelter or place for the purpose of
590     gaming commits:
591          (1)    For a first offense, a felony of the third degree,
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592     punishable as provided in s. 775.082, s. 775.083, or s. 775.084
593     shall be punished in the manner and to the extent mentioned in
594     s. 849.01.
595          (2)    For a second or subsequent offense, a felony of the
596     second degree, punishable as provided in s. 775.082, s. 775.083,
597     or s. 775.084.
598          Section 16.    Section 849.08, Florida Statutes, is amended
599     to read:
600          849.08    Gambling.—
601          (1)    As used in this section, the term:
602          (a)    "Illegal gambling" means any criminal violation of
603     chapter 546, chapter 550, or chapter 551, or this chapter that
604     occurs at any business, establishment, premises, or other
605     location.
606          (b)    "Internet gambling" means to play or engage in any
607     game in which money or other thing of value is awarded based on
608     chance, regardless of any application of skill, that is
609     available on the Internet and accessible on a mobile device,
610     computer terminal, or other similar access device and simulates
611     casino-style gaming, including, but not limited to, slot
612     machines, video poker, and table games.
613          (c)    "Internet sports wagering" means to use a platform
614     that is available on the Internet and accessible on a mobile
615     device, computer terminal, or other similar access device to
616     stake, bet, or wager any money or other thing of value upon the
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617     result of any trial or contest of skill, speed, power, or
618     endurance of human or beast. The term does not include fantasy
619     sports contests as defined in s. 849.0932, or any activity
620     conducted pursuant to chapter 550.
621          (2)   A person who Whoever plays or engages in Internet
622     gambling or any game at cards, keno, roulette, faro or other
623     game of chance, at any place, by any device whatever, for money
624     or other thing of value, commits shall be guilty of a
625     misdemeanor of the second degree, punishable as provided in s.
626     775.082 or s. 775.083.
627          (3)   A person who plays or engages in Internet sports
628     wagering commits:
629          (a)   For a first offense, a misdemeanor of the second
630     degree, punishable as provided in s. 775.082 or s. 775.083.
631          (b)   For a second or subsequent offense, a misdemeanor of
632     the first degree, punishable as provided in s. 775.082 or s.
633     775.083.
634          (4)   A person who operates, conducts, or promotes illegal
635     gambling, Internet gambling or Internet sports wagering, or
636     receives in any manner whatsoever any money or other thing of
637     value offered for the purpose of illegal gambling, Internet
638     gambling or Internet sports wagering, or who knowingly becomes
639     the custodian or depositary of any money or other thing of value
640     so offered, or who aids, assists, abets, or influences in any
641     manner in any of such acts commits a felony of the third degree,
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642     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
643          (5)    This section does not apply to participation in, or
644     the conduct of, any gaming activities authorized under s.
645     285.710(13) and conducted pursuant to a gaming compact ratified
646     and approved under s. 285.710(3), or any gaming activities
647     authorized under chapter 550.
648          Section 17.    Paragraph (e) is added to subsection (12) of
649     section 849.086, Florida Statutes, to read:
650          849.086    Cardrooms authorized.—
651          (12)    PROHIBITED ACTIVITIES.—
652          (e)    A person who, by physical tampering or by use of any
653     object, instrument, or device, whether mechanical, electrical,
654     magnetic, or involving other means, manipulates or attempts to
655     manipulate playing cards for the purpose of affecting the
656     outcome or payoff of a card game in a licensed cardroom, or
657     otherwise manipulates or attempts to manipulate the outcome or
658     payoff of such a card game, commits a felony of the third
659     degree, punishable as provided in s. 775.082, s. 775.083, or s.
660     775.084.
661          Section 18.    Section 849.0932, Florida Statutes, is created
662     to read:
663          849.0932    Fantasy sports contests; conditions for conduct.—
664          (1)    As used in this section, the term "fantasy sports
665     contest" means a contest in which a participant pays an entry
666     fee and manages a fantasy or simulation sports team composed of
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667     athletes from a professional sports organization with the
668     opportunity to win a cash prize. The term includes a simulation
669     sports game.
670          (2)    Fantasy sports contests must meet all of the following
671     requirements:
672          (a)    Prizes and awards for the winning participants are
673     established and disclosed to contest participants before entry.
674          (b)    All winning outcomes reflect the relative knowledge
675     and skill of the fantasy sports contest participant.
676          (c)    All winning outcomes are determined predominantly by
677     accumulated statistical results of the performance of more than
678     one individual.
679          (d)    A winning outcome may not be based on:
680          1.    The score, point spread, or performance of a team or
681     combination of teams.
682          2.    The single performance of an individual in a single
683     event or a pari-mutuel event, as the term "pari-mutuel" is
684     defined in s. 550.002 as of January 1, 2026.
685          3.    A game of poker or other card game.
686          4.    The performance of participants in collegiate, high
687     school, or youth sporting events.
688          (e)    Casino graphics, themes, or titles, including, but not
689     limited to, depictions of slot machine-style symbols, cards,
690     dice, craps, roulette, or lotto, are not displayed or depicted.
691          (3)(a)    A violation of this section is punishable by a fine
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692     of $1,000 in addition to civil and criminal penalties.
693          (b)   An operator or owner of any website, platform, or
694     application that offers fantasy sports contests in violation of
695     this section is punishable by a fine of up to $100,000 per
696     violation.
697          (4)   The Florida Gaming Control Commission shall
698     investigate and refer violations of this section for
699     prosecution. The Attorney General or state attorney may also
700     institute proceedings to enjoin any person found to be violating
701     this section.
702          (5)(a)   A person who willfully and knowingly violates any
703     provision of this section commits a misdemeanor of the first
704     degree, punishable as provided in s. 775.082 or s. 775.083.
705          (b)   An operator or owner of any website, platform, or
706     application that offers fantasy sports contests in violation of
707     this section commits a felony of the third degree, punishable as
708     provided in s. 775.082, s. 775.083, or s. 775.084.
709          Section 19.   Section 849.11, Florida Statutes, is amended
710     to read:
711          849.11   Plays at games of chance by lot.—
712          (1)   A person who Whoever sets up, promotes or plays in
713     person or in any other manner, including, but not limited to, by
714     the use, at least in part, of the Internet, at any game of
715     chance by lot or with dice, cards, numbers, hazards or any other
716     gambling device whatever for, or for the disposal of money or
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717     other thing of value or under the pretext of a sale, gift or
718     delivery thereof, or for any right, share or interest therein,
719     commits shall be guilty of a misdemeanor of the second degree,
720     punishable as provided in s. 775.082 or s. 775.083.
721          (2)   A person who sets up, operates, conducts, promotes, or
722     receives in any manner whatsoever any money or other thing of
723     value offered for the purpose of playing at any game of chance
724     by lot in violation of subsection (1), or who knowingly becomes
725     the custodian or depositary of any money or other thing of value
726     so offered, or who aids, assists, abets, or influences in any
727     manner in any of such acts, commits a felony of the third
728     degree, punishable as provided in s. 775.082, s. 775.083, or s.
729     775.084.
730          Section 20.   Section 849.13, Florida Statutes, is amended
731     to read:
732          849.13   Punishment on Second or subsequent offense in
733     connection with lotteries conviction.—A person who commits a
734     second or subsequent violation of the same Whoever, after being
735     convicted of an offense forbidden by law in connection with
736     lotteries for which there is no penalty specified for a second
737     or subsequent offense, shall have the offense reclassified to an
738     offense of the next higher degree, commits the like offense,
739     shall be guilty of a misdemeanor of the first degree, punishable
740     as provided in s. 775.082 or s. 775.083. For purposes of
741     sentencing under chapter 921, a felony offense that is
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742     reclassified under this section is ranked one level above the
743     ranking under s. 921.0022 or s. 921.0023 of the felony offense
744     committed.
745          Section 21.    Section 849.14, Florida Statutes, is amended
746     to read:
747          849.14    Unlawful to bet on result of trial or contest of
748     skill, etc.—A person who:
749          (1)    Whoever Stakes, bets, or wagers any money or other
750     thing of value upon the result of any trial or contest of skill,
751     speed or power or endurance of human or beast;
752          (2)    , or whoever Receives in any manner whatsoever any
753     money or other thing of value staked, bet, or wagered, or
754     offered for the purpose of being staked, bet, or wagered, by or
755     for any other person upon any such result;
756          (3)    , or whoever Knowingly becomes the custodian or
757     depositary of any money or other thing of value so staked, bet,
758     or wagered upon any such result;, or
759          (4)    whoever Aids, or assists, or abets, or influences in
760     any manner in any of such acts,
761
762     all of which are hereby forbidden, commits a felony of the third
763     degree, punishable as provided in s. 775.082, or s. 775.083, or
764     s. 775.084.
765          Section 22.    Section 849.142, Florida Statutes, is
766     repealed.
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767          Section 23.    Section 849.15, Florida Statutes, is amended
768     to read:
769          849.15    Manufacture, sale, possession, etc., of slot
770     machines or devices prohibited.—
771          (1)    As used in this section, the term:
772          (a)    "Conviction" means a determination of guilt that is
773     the result of a plea or a trial, regardless of whether
774     adjudication is withheld or a plea of nolo contendere is
775     entered.
776          (b) “Part thereof” means any equipment, subassembly, or
777     other part of a slot machine or device, whether attached to the
778     slot machine or device or separate therefrom, that was used,
779     attempted to be used, or intended to be used in connection with
780     the play or operation of the slot machine or device.
781          (c)    "Person of authority" means a person who, at any
782     business, establishment, premises, or other location at which a
783     slot machine or device is offered for play:
784          1.    Has actual authority to act on behalf of the business,
785     establishment, premises, or other location; or
786          2.    Is an officer, director, or managing member of the
787     business, establishment, premises, or other location.
788          (2)(1)    It is unlawful:
789          (a)    To manufacture, own, store, keep, possess, sell, rent,
790     lease, let on shares, lend or give away, transport, or expose
791     for sale or lease, or to offer to sell, rent, lease, let on
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792     shares, lend or give away, or permit the operation of, or for
793     any person to permit to be placed, maintained, or used or kept
794     in any room, space, or building owned, leased or occupied by the
795     person or under the person's management or control, any slot
796     machine or device or any part thereof; or
797            (b)   To make or to permit to be made with any person any
798     agreement with reference to any slot machine or device, pursuant
799     to which the user thereof, as a result of any element of chance
800     or other outcome unpredictable to him or her, may become
801     entitled to receive any money, credit, allowance, or thing of
802     value or additional chance or right to use such machine or
803     device, or to receive any check, slug, token or memorandum
804     entitling the holder to receive any money, credit, allowance or
805     thing of value.
806            (3)(a)   Except as provided in paragraphs (b) and (c), a
807     person who violates subsection (2) commits a misdemeanor of the
808     first degree, punishable as provided in s. 775.082 or s.
809     775.083.
810            (b)   A person commits a felony of the third degree,
811     punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
812     if he or she violates subsection (2) and:
813            1.    Was a person of authority at the time of the violation;
814     or
815            2.    Has one prior conviction for a violation of subsection
816     (2).
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817          (c)    A person commits a felony of the second degree,
818     punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
819     if he or she violates subsection (2) and:
820          1.a.    Was a person of authority at the time of the
821     violation; and
822          b.    The violation involves five or more slot machines or
823     devices; or
824          2.    Has two or more prior convictions for a violation of
825     subsection (2).
826          (4)(2)    Pursuant to section 2 of that chapter of the
827     Congress of the United States entitled "An act to prohibit
828     transportation of gaming devices in interstate and foreign
829     commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
830     1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
831     of Florida, acting by and through the duly elected and qualified
832     members of its Legislature, does hereby in this section, and in
833     accordance with and in compliance with the provisions of section
834     2 of such chapter of Congress, declare and proclaim that any
835     county of the State of Florida within which slot machine gaming
836     is authorized pursuant to chapter 551 is exempt from the
837     provisions of section 2 of that chapter of the Congress of the
838     United States entitled "An act to prohibit transportation of
839     gaming devices in interstate and foreign commerce," designated
840     as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
841     shipments of gaming devices, including slot machines, into any
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842     county of this state within which slot machine gaming is
843     authorized pursuant to chapter 551 and the registering,
844     recording, and labeling of which have been duly performed by the
845     manufacturer or distributor thereof in accordance with sections
846     3 and 4 of that chapter of the Congress of the United States
847     entitled "An act to prohibit transportation of gaming devices in
848     interstate and foreign commerce," approved January 2, 1951,
849     being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
850     ss. 1171-1177, shall be deemed legal shipments thereof into this
851     state provided the destination of such shipments is an eligible
852     facility as defined in s. 551.102 or the facility of a slot
853     machine manufacturer or slot machine distributor as provided in
854     s. 551.109(2)(a).
855          Section 24.    Section 849.155, Florida Statutes, is created
856     to read:
857          849.155    Trafficking in slot machines, devices, or parts.—A
858     person who knowingly sells, purchases, manufactures, transports,
859     delivers, or brings into this state more than 15 slot machines
860     or devices or any part thereof commits a felony of the first
861     degree, punishable as provided in s. 775.082, s. 775.083, or s.
862     775.084. For purposes of this section, the term “part thereof”
863     shall have the same meaning as the term “part thereof” set forth
864     in s. 849.15. If the quantity of slot machines or devices or any
865     part thereof involved is:
866          (1)   More than 15 slot machines or devices or any part
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867     thereof, but less than 25 slot machines or devices or any part
868     thereof, such person must be fined $100,000.
869          (2)   Twenty-five slot machines or devices or any part
870     thereof or more, but less than 50 slot machines or devices or
871     any part thereof, such person must be fined $250,000.
872          (3)   Fifty slot machines or devices or any part thereof or
873     more, such person must be fined $500,000.
874
875     Notwithstanding any other law, all fines imposed and collected
876     pursuant to this section must be deposited into the Pari-mutuel
877     Wagering Trust Fund and may be used for the enforcement of
878     chapters 546, 550, 551, and this chapter by the Florida Gaming
879     Control Commission.
880          Section 25.    Section 849.157, Florida Statutes, is created
881     to read:
882          849.157    Making a false or misleading statement regarding
883     the legality of slot machines or devices to facilitate sale.—
884          (1)   Except as provided in subsection (2), a person who
885     knowingly and willfully makes a materially false or misleading
886     statement or who knowingly and willfully disseminates false or
887     misleading information regarding the legality of a slot machine
888     or device for the purpose of facilitating the sale or delivery
889     of a slot machine or device for any money or other valuable
890     consideration commits a felony of the third degree, punishable
891     as provided in s. 775.082, s. 775.083, or s. 775.084.
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892          (2)   A person who violates subsection (1), when such a
893     violation involves the sale or delivery, or attempted sale or
894     delivery, of five or more slot machines or devices commits a
895     felony of the second degree, punishable as provided in s.
896     775.082, s. 775.083, or s. 775.084.
897          Section 26.   Section 849.181, Florida Statutes, is created
898     to read:
899          849.181    Destruction of Excess Machines.—
900          (1) It is the intent of the Legislature to protect the
901     public health, safety, and welfare of the residents of the state
902     by removing slot machines or devices within the meaning of s.
903     849.16 from public circulation and preventing the warehousing of
904     large quantities of such slot machines or devices.
905          (2) Definitions. As used in this section, the term:
906          (a) “Slot Machine” shall have the same meaning as the term
907     “Slot Machine or device” provided in s. 849.16 and includes the
908     definition of “part thereof” provided in s. 849.15.
909          (b) “Excess slot machines” means more than five slot
910     machines seized during an investigation.
911          (c) “Criminal justice agency” shall have the same meaning
912     as provided in s. 943.045.
913          (3)   Notwithstanding any other provision of law, a criminal
914     justice agency having custody of excess slot machines may
915     destroy such excess slot machines during the pendency of any
916     related legal proceedings or ongoing criminal investigations,
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917     provided that such criminal justice agency:
918          (a) Retains at least five slot machines seized during an
919     investigation until such time as the slot machines may be
920     destroyed as provided in s. 849.18;
921          (b) Notifies the appropriate U.S. Attorney, Assistant U.S.
922     Attorney, the responsible state or local prosecutor, or a
923     criminal justice agency conducting a criminal investigation,
924     that the excess slot machines will be destroyed after 60 days
925     from the date notice is provided, unless the entity receiving
926     the notice under this paragraph requests the criminal justice
927     agency in writing not to destroy the excess slot machines;
928          (c) Photographs and takes a video recording of each excess
929     slot machine prior to its destruction to serve as evidentiary
930     exhibits for use at trial. Any photograph or video recording
931     shall include a written description of the name of the person
932     such slot machine was taken from, the location where the slot
933     machine was located, the name of the investigating law
934     enforcement officer, the date the photograph or video recording
935     was taken, and the name of the photographer or videographer.
936     Such writing shall be made under oath by the investigating law
937     enforcement officer, and the photograph and video recording
938     shall be authenticated by the photographer’s or videographer’s
939     signature;
940          (d) Destroys each excess slot machine in the presence of a
941     law enforcement officer, who shall create written sworn
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942     documentation of the date, time, location, and number of excess
943     slot machines destroyed; and
944          (e) Maintains such written sworn documentation created by
945     the witnessing law enforcement officer under paragraph (d) above
946     as required under s. 119.021.
947          (4) In any prosecution for a violation of this chapter, a
948     photograph and video recording of an excess slot machine
949     captured and documented pursuant to paragraph (c) may be deemed
950     competent evidence and may be admissible in the prosecution to
951     the same extent as if such excess slot machine were physically
952     introduced as evidence.
953          (5)   If any provision of this section or its application to
954     any person or circumstance is held invalid, the invalidity does
955     not affect other provisions or applications of this section or
956     chapter which can be given effect without the invalid provision
957     or application, and to this end, the provisions of this section
958     are severable.
959          Section 27.   Section 849.23, Florida Statutes, is repealed.
960          Section 28.   Section 849.47, Florida Statutes, is created
961     to read:
962          849.47   Transporting or procuring the transportation of
963     persons to facilitate illegal gambling.—
964          (1)   As used in this section, the term "illegal gambling"
965     means any criminal violation of chapter 546, chapter 550, or
966     chapter 551, or this chapter that occurs at any business,
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967     establishment, premises, or other location.
968          (2)   Except as provided in subsection (3), a person who
969     knowingly and willfully transports, or procures the
970     transportation of, five or more other persons into or within
971     this state when he or she knows or reasonably should know that
972     such transportation is for the purpose of facilitating illegal
973     gambling commits a misdemeanor of the first degree, punishable
974     as provided in s. 775.082 or s. 775.083.
975          (3)(a)   A person who transports, or procures the
976     transportation of, a minor or a person 65 years of age or older
977     in violation of subsection (2) commits a felony of the third
978     degree, punishable as provided in s. 775.082, s. 775.083, or s.
979     775.084.
980          (b)   A person who transports, or procures the
981     transportation of, 12 or more persons in violation of subsection
982     (2) commits a felony of the third degree, punishable as provided
983     in s. 775.082, s. 775.083, or s. 775.084.
984          (c)   A person who commits a second or subsequent violation
985     of subsection (2) within 2 years from the date of the
986     conviction, regardless of adjudication, commits a felony of the
987     third degree, punishable as provided in s. 775.082, s. 775.083,
988     or s. 775.084.
989          Section 29.   Section 849.48, Florida Statutes, is created
990     to read:
991          849.48   Gambling or gaming advertisements; prohibited.—
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992           (1)   As used in this section, the term "illegal gambling"
993      means any criminal violation of this chapter, chapter 546,
994      chapter 550, or chapter 551 which occurs at any business,
995      establishment, premises, or other location.
996           (2)(a)   Except as otherwise specifically authorized by law,
997      a person may not knowingly and intentionally make, publish,
998      disseminate, circulate, or place before the public, or cause,
999      directly or indirectly, to be made, published, disseminated,
1000     circulated, or placed before the public in this state, in any
1001     manner, whether in person or by the use, at least in part, of
1002     the Internet, any advertisement, circular, bill, poster,
1003     pamphlet, list, schedule, announcement, or notice for the
1004     purpose of promoting or facilitating illegal gambling.
1005          (b)   Except as otherwise specifically authorized by law, a
1006     person may not set up any type or plate for any type of
1007     advertisement, circular, bill, poster, pamphlet, list, schedule,
1008     announcement, or notice when he or she knows or reasonably
1009     should know that such material will be used for the purpose of
1010     promoting or facilitating illegal gambling.
1011          (c)   A person who violates this subsection commits:
1012          1.    For a first offense, a misdemeanor of the first degree,
1013     punishable as provided in s. 775.082 or s. 775.083.
1014          2.    For a second or subsequent offense, a felony of the
1015     third degree, punishable as provided in s. 775.082, s. 775.083,
1016     or s. 775.084.
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1017          (3)   This section does not prohibit the printing or
1018     producing of any advertisement, circular, bill, poster,
1019     pamphlet, list, schedule, announcement, or notice to be used for
1020     the purpose of promoting or facilitating gambling conducted in
1021     any other state or nation, outside of this state, where such
1022     gambling is not prohibited.
1023          Section 30.   Section 849.49, Florida Statutes, is created
1024     to read:
1025          849.49   Preemption.— A county, municipality, or other
1026     political subdivision of the state may not enact or enforce any
1027     ordinance or local rule related to gaming, gambling, lotteries,
1028     or any activities described in s. 546.10 or this chapter which
1029     is less restrictive than state law.
1030          Section 31.   Section 849.50, Florida Statutes, is created
1031     to read:
1032          849.50   Limited Gaming Device Surrender Program.—
1033          (1)   The Legislature finds that illegal gaming operations
1034     not only undermine public trust, but also expose Floridians to
1035     organized criminal conduct, financial exploitation, and a host
1036     of other social harms. Furthermore, the Legislature finds that
1037     certain persons or entities owning, storing, keeping,
1038     possessing, transporting, permitting the operation of, or
1039     otherwise offering illegal gaming devices for play may have been
1040     misled regarding the legality of the otherwise illegal gaming
1041     devices. Therefore, the Legislature finds that there is a
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1042     compelling state interest in creating a limited period of time
1043     in which otherwise illegal gaming devices may be surrendered
1044     without penalty to ensure such illegal gaming devices do not
1045     remain in circulation.
1046          (2)   The commission shall organize, coordinate, and execute
1047     a statewide program in which individuals and organizations can
1048     handover, surrender, or otherwise disclaim any and all interest
1049     in any gaming devices, and convey such gaming devices to the
1050     commission. Such conveyance is irrevocable and final.
1051          (3)   Any individual or organization that conveys a gaming
1052     device to the commission as described in this section, that is
1053     not already facing legal charges based on such possession, shall
1054     not face criminal prosecution for possession of such devices
1055     related to any of the devices conveyed to the commission.
1056          (4)   The statewide plan described in subsection (2) shall
1057     begin no less than 30 days before October 1, 2026 and end on
1058     October 1, 2026.
1059          (5)   The commission shall advertise the program described
1060     in this section no less than 60 days before October 1, 2026.
1061          (6)   No person or entity shall have any right, title, or
1062     interest in such property conveyed to the commission pursuant to
1063     this section.
1064          (7)   The commission may execute memorandums of
1065     understanding with other criminal justice agencies to facilitate
1066     this section.
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1067          Section 32.      Paragraphs (i), (j), (k), (l), and (m) of
1068     subsection (2) of section 903.046, Florida Statutes, are
1069     redesignated as paragraphs (j), (k), (l), (m), and (n),
1070     respectively, and paragraph (i) is added to that subsection, to
1071     read:
1072          903.046    Purpose of and criteria for bail determination.—
1073          (2)    When determining whether to release a defendant on
1074     bail or other conditions, and setting the amount of such what
1075     that bail or other those conditions may be, the court shall
1076     consider:
1077          (i)    The amount of currency seized that is connected to or
1078     involved in a violation of chapter 546, chapter 550, chapter
1079     551, or chapter 849.
1080          Section 33.      Paragraphs (a), (c), (e), and (g) of
1081     subsection (3) of section 921.0022, Florida Statutes, are
1082     amended to read:
1083          921.0022    Criminal Punishment Code; offense severity
1084     ranking chart.—
1085          (3)    OFFENSE SEVERITY RANKING CHART
1086          (a)    LEVEL 1
1087
         Florida                Felony
         Statute                Degree               Description
1088
         24.118(3)(a)             3rd      Counterfeit or altered state
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                                      lottery ticket.
1089
         104.0616(2)          3rd     Unlawfully distributing,
                                      ordering, requesting,
                                      collecting, delivering, or
                                      possessing vote-by-mail
                                      ballots.
1090
         212.054(2)(b)        3rd     Discretionary sales surtax;
                                      limitations, administration,
                                      and collection.
1091
         212.15(2)(b)         3rd     Failure to remit sales taxes,
                                      amount $1,000 or more but less
                                      than $20,000.
1092
         316.1935(1)          3rd     Fleeing or attempting to elude
                                      law enforcement officer.
1093
         319.30(5)            3rd     Sell, exchange, give away
                                      certificate of title or
                                      identification number plate.
1094
         319.35(1)(a)         3rd     Tamper, adjust, change, etc.,
                                      an odometer.
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1095
         320.26(1)(a)         3rd     Counterfeit, manufacture, or
                                      sell registration license
                                      plates or validation stickers.
1096
         322.212              3rd     Possession of forged, stolen,
           (1)(a)-(c)                 counterfeit, or unlawfully
                                      issued driver license;
                                      possession of simulated
                                      identification.
1097
         322.212(4)           3rd     Supply or aid in supplying
                                      unauthorized driver license or
                                      identification card.
1098
         322.212(5)(a)        3rd     False application for driver
                                      license or identification card.
1099
         414.39(3)(a)         3rd     Fraudulent misappropriation of
                                      public assistance funds by
                                      employee/official, value more
                                      than $200.
1100
         443.071(1)           3rd     False statement or
                                      representation to obtain or
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                                      increase reemployment
                                      assistance benefits.
1101
         509.151(1)           3rd     Defraud an innkeeper, food or
                                      lodging value $1,000 or more.
1102
         517.302(1)           3rd     Violation of the Florida
                                      Securities and Investor
                                      Protection Act.
1103
         713.69               3rd     Tenant removes property upon
                                      which lien has accrued, value
                                      $1,000 or more.
1104
         812.014(3)(c)        3rd     Petit theft (3rd conviction);
                                      theft of any property not
                                      specified in subsection (2).
1105
         815.04(4)(a)         3rd     Offense against intellectual
                                      property (i.e., computer
                                      programs, data).
1106
         817.52(2)            3rd     Hiring with intent to defraud,
                                      motor vehicle services.
1107
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         817.569(2)           3rd     Use of public record or public
                                      records information or
                                      providing false information to
                                      facilitate commission of a
                                      felony.
1108
         826.01               3rd     Bigamy.
1109
         828.122(3)           3rd     Fighting or baiting animals.
1110
         831.04(1)            3rd     Any erasure, alteration, etc.,
                                      of any replacement deed, map,
                                      plat, or other document listed
                                      in s. 92.28.
1111
         831.31(1)(a)         3rd     Sell, deliver, or possess
                                      counterfeit controlled
                                      substances, all but s.
                                      893.03(5) drugs.
1112
         832.041(1)           3rd     Stopping payment with intent to
                                      defraud $150 or more.
1113
         832.05(2)(b) &       3rd     Knowing, making, issuing
           (4)(c)                     worthless checks $150 or more
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                                      or obtaining property in return
                                      for worthless check $150 or
                                      more.
1114
         838.15(2)            3rd     Commercial bribe receiving.
1115
         838.16               3rd     Commercial bribery.
1116
         843.18               3rd     Fleeing by boat to elude a law
                                      enforcement officer.
1117
         847.011(1)(a)        3rd     Sell, distribute, etc.,
                                      obscene, lewd, etc., material
                                      (2nd conviction).
1118
         849.09(1)(a)-(d)     3rd     Lottery; set up, promote, etc.,
                                      or assist therein, conduct or
                                      advertise drawing for prizes,
                                      or dispose of property or money
                                      by means of lottery.
1119
         849.23               3rd     Gambling-related machines;
                                      "common offender" as to
                                      property rights.
1120
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         849.25(2)              3rd       Engaging in bookmaking.
1121
         860.08                 3rd       Interfere with a railroad
                                          signal.
1122
         860.13(1)(a)           3rd       Operate aircraft while under
                                          the influence.
1123
         893.13(2)(a)2.         3rd       Purchase of cannabis.
1124
         893.13(6)(a)           3rd       Possession of cannabis (more
                                          than 20 grams).
1125
         934.03(1)(a)           3rd       Intercepts, or procures any
                                          other person to intercept, any
                                          wire or oral communication.
1126
1127          (c)    LEVEL 3
1128
         Florida               Felony
         Statute               Degree                  Description
1129
         119.10(2)(b)           3rd       Unlawful use of confidential
                                          information from police
                                          reports.
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1130
         316.066              3rd     Unlawfully obtaining or using
           (3)(b)-(d)                 confidential crash reports.
1131
         316.193(2)(b)        3rd     Felony DUI, 3rd conviction.
1132
         316.1935(2)          3rd     Fleeing or attempting to elude
                                      law enforcement officer in
                                      patrol vehicle with siren and
                                      lights activated.
1133
         319.30(4)            3rd     Possession by junkyard of motor
                                      vehicle with identification
                                      number plate removed.
1134
         319.33(1)(a)         3rd     Alter or forge any certificate
                                      of title to a motor vehicle or
                                      mobile home.
1135
         319.33(1)(c)         3rd     Procure or pass title on stolen
                                      vehicle.
1136
         319.33(4)            3rd     With intent to defraud,
                                      possess, sell, etc., a blank,
                                      forged, or unlawfully obtained
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                                      title or registration.
1137
         327.35(2)(b)         3rd     Felony BUI.
1138
         328.05(2)            3rd     Possess, sell, or counterfeit
                                      fictitious, stolen, or
                                      fraudulent titles or bills of
                                      sale of vessels.
1139
         328.07(4)            3rd     Manufacture, exchange, or
                                      possess vessel with counterfeit
                                      or wrong ID number.
1140
         376.302(5)           3rd     Fraud related to reimbursement
                                      for cleanup expenses under the
                                      Inland Protection Trust Fund.
1141
         379.2431             3rd     Taking, disturbing, mutilating,
           (1)(e)5.                   destroying, causing to be
                                      destroyed, transferring,
                                      selling, offering to sell,
                                      molesting, or harassing marine
                                      turtles, marine turtle eggs, or
                                      marine turtle nests in
                                      violation of the Marine Turtle
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                                      Protection Act.
1142
         379.2431             3rd     Possessing any marine turtle
           (1)(e)6.                   species or hatchling, or parts
                                      thereof, or the nest of any
                                      marine turtle species described
                                      in the Marine Turtle Protection
                                      Act.
1143
         379.2431             3rd     Soliciting to commit or
           (1)(e)7.                   conspiring to commit a
                                      violation of the Marine Turtle
                                      Protection Act.
1144
         400.9935(4)(a)       3rd     Operating a clinic, or offering
           or (b)                     services requiring licensure,
                                      without a license.
1145
         400.9935(4)(e)       3rd     Filing a false license
                                      application or other required
                                      information or failing to
                                      report information.
1146
         440.1051(3)          3rd     False report of workers'
                                      compensation fraud or
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                                      retaliation for making such a
                                      report.
1147
         501.001(2)(b)        2nd     Tampers with a consumer product
                                      or the container using
                                      materially false/misleading
                                      information.
1148
         624.401(4)(a)        3rd     Transacting insurance without a
                                      certificate of authority.
1149
         624.401(4)(b)1.      3rd     Transacting insurance without a
                                      certificate of authority;
                                      premium collected less than
                                      $20,000.
1150
         626.902(1)(a) &      3rd     Representing an unauthorized
           (b)                        insurer.
1151
         697.08               3rd     Equity skimming.
1152
         790.15(3)            3rd     Person directs another to
                                      discharge firearm from a
                                      vehicle.
1153
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         794.053              3rd     Lewd or lascivious written
                                      solicitation of a person 16 or
                                      17 years of age by a person 24
                                      years of age or older.
1154
         800.045(3)           3rd     Possess, control, or
                                      intentionally view any
                                      photographic material, motion
                                      picture, etc., which includes a
                                      lewd or lascivious image.
1155
         806.10(1)            3rd     Maliciously injure, destroy, or
                                      interfere with vehicles or
                                      equipment used in firefighting.
1156
         806.10(2)            3rd     Interferes with or assaults
                                      firefighter in performance of
                                      duty.
1157
         810.09(2)(b)         3rd     Trespass on property other than
                                      structure or conveyance armed
                                      with firearm or dangerous
                                      weapon.
1158
         810.145(2)(c)        3rd     Digital voyeurism; 19 years of
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                                      age or older.
1159
         812.014(2)(c)2.      3rd     Grand theft; $5,000 or more but
                                      less than $10,000.
1160
         812.0145(2)(c)       3rd     Theft from person 65 years of
                                      age or older; $300 or more but
                                      less than $10,000.
1161
         812.015(8)(b)        3rd     Retail theft with intent to
                                      sell; conspires with others.
1162
         812.081(2)           3rd     Theft of a trade secret.
1163
         815.04(4)(b)         2nd     Computer offense devised to
                                      defraud or obtain property.
1164
         817.034(4)(a)3.      3rd     Engages in scheme to defraud
                                      (Florida Communications Fraud
                                      Act), property valued at less
                                      than $20,000.
1165
         817.233              3rd     Burning to defraud insurer.
1166
         817.234              3rd     Unlawful solicitation of
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           (8)(b) & (c)               persons involved in motor
                                      vehicle accidents.
1167
         817.234(11)(a)       3rd     Insurance fraud; property value
                                      less than $20,000.
1168
         817.236              3rd     Filing a false motor vehicle
                                      insurance application.
1169
         817.2361             3rd     Creating, marketing, or
                                      presenting a false or
                                      fraudulent motor vehicle
                                      insurance card.
1170
         817.413(2)           3rd     Sale of used goods of $1,000 or
                                      more as new.
1171
         817.49(2)(b)1.       3rd     Willful making of a false
                                      report of a crime causing great
                                      bodily harm, permanent
                                      disfigurement, or permanent
                                      disability.
1172
         831.28(2)(a)         3rd     Counterfeiting a payment
                                      instrument with intent to
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                                      defraud or possessing a
                                      counterfeit payment instrument
                                      with intent to defraud.
1173
         831.29               2nd     Possession of instruments for
                                      counterfeiting driver licenses
                                      or identification cards.
1174
         836.13(2)            3rd     Generating an altered sexual
                                      depiction of an identifiable
                                      person without consent.
1175
         836.13(4)            3rd     Promoting, or possessing with
                                      intent to promote, an altered
                                      sexual depiction of an
                                      identifiable person without
                                      consent.
1176
         838.12(3)            3rd     Betting on predetermined or
                                      prearranged professional or
                                      amateur game, contest, match,
                                      race, or sport.
1177
         838.021(3)(b)        3rd     Threatens unlawful harm to
                                      public servant.
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1178
         847.01385            3rd     Harmful communication to a
                                      minor.
1179
         849.01               3rd     Keeping gambling house.
1180
         849.02(2)            3rd     Agents or employees of keeper
                                      of gambling house.
1181
         849.03(1)            3rd     Renting house for gambling
                                      purposes.
1182
         849.086(12)(e)       3rd     Tampering with cards or card
                                      games.
1183
         849.09(1)(a)-(d)     3rd     Lottery; set up, promote, etc.,
                                      or assist therein, conduct or
                                      advertise drawing for prizes,
                                      or dispose of property or money
                                      by means of lottery.
1184
         849.09(1)(e)-(k)     3rd     Conducting unlawful lottery;
                                      second or subsequent offense.
1185
         849.11(2)            3rd     Offenses relating to games of
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                                      chance.
1186
         849.14               3rd     Betting on result of trial or
                                      contest of skill, etc.
1187
         849.15(3)(b)         3rd     Manufacture, sale, or
                                      possession of slot machine; by
                                      person of authority or with
                                      prior conviction.
1188
         849.157(1)           3rd     False or misleading statement
                                      to facilitate sale of slot
                                      machines or devices.
1189
         849.25(2)            3rd     Engaging in bookmaking.
1190
         849.47(3)(a) &       3rd     Transporting persons to
         (b)                          facilitate illegal gambling;
                                      minor, person 65 years of age
                                      or older, or 12 or more
                                      persons.
1191
         860.15(3)            3rd     Overcharging for repairs and
                                      parts.
1192
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         870.01(2)            3rd     Riot.
1193
         870.01(4)            3rd     Inciting a riot.
1194
         893.13(1)(a)2.       3rd     Sell, manufacture, or deliver
                                      cannabis (or other s.
                                      893.03(1)(c), (2)(c)1.,
                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                      (2)(c)10., (3), or (4) drugs).
1195
         893.13(1)(d)2.       2nd     Sell, manufacture, or deliver
                                      s. 893.03(1)(c), (2)(c)1.,
                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                      (2)(c)10., (3), or (4) drugs
                                      within 1,000 feet of
                                      university.
1196
         893.13(1)(f)2.       2nd     Sell, manufacture, or deliver
                                      s. 893.03(1)(c), (2)(c)1.,
                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                      (2)(c)10., (3), or (4) drugs
                                      within 1,000 feet of public
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                                      housing facility.
1197
         893.13(4)(c)         3rd     Use or hire of minor; deliver
                                      to minor other controlled
                                      substances.
1198
         893.13(6)(a)         3rd     Possession of any controlled
                                      substance other than felony
                                      possession of cannabis.
1199
         893.13(7)(a)8.       3rd     Withhold information from
                                      practitioner regarding previous
                                      receipt of or prescription for
                                      a controlled substance.
1200
         893.13(7)(a)9.       3rd     Obtain or attempt to obtain
                                      controlled substance by fraud,
                                      forgery, misrepresentation,
                                      etc.
1201
         893.13(7)(a)10.      3rd     Affix false or forged label to
                                      package of controlled
                                      substance.
1202
         893.13(7)(a)11.      3rd     Furnish false or fraudulent
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                                      material information on any
                                      document or record required by
                                      chapter 893.
1203
         893.13(8)(a)1.       3rd     Knowingly assist a patient,
                                      other person, or owner of an
                                      animal in obtaining a
                                      controlled substance through
                                      deceptive, untrue, or
                                      fraudulent representations in
                                      or related to the
                                      practitioner's practice.
1204
         893.13(8)(a)2.       3rd     Employ a trick or scheme in the
                                      practitioner's practice to
                                      assist a patient, other person,
                                      or owner of an animal in
                                      obtaining a controlled
                                      substance.
1205
         893.13(8)(a)3.       3rd     Knowingly write a prescription
                                      for a controlled substance for
                                      a fictitious person.
1206
         893.13(8)(a)4.       3rd     Write a prescription for a
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                                                  Bill No. CS/CS/HB 189   (2026)
         Amendment No.


                                          controlled substance for a
                                          patient, other person, or an
                                          animal if the sole purpose of
                                          writing the prescription is a
                                          monetary benefit for the
                                          practitioner.
1207
         918.13(1)              3rd       Tampering with or fabricating
                                          physical evidence.
1208
         944.47                 3rd       Introduce contraband to
           (1)(a)1. & 2.                  correctional facility.
1209
         944.47(1)(c)           2nd       Possess contraband while upon
                                          the grounds of a correctional
                                          institution.
1210
         985.721                3rd       Escapes from a juvenile
                                          facility (secure detention or
                                          residential commitment
                                          facility).
1211
1212          (e)    LEVEL 5
1213
         Florida               Felony                  Description
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         Amendment No.


         Statute            Degree
1214
         316.027(2)(a)        3rd      Accidents involving personal
                                       injuries other than serious
                                       bodily injury, failure to stop;
                                       leaving scene.
1215
         316.1935(3)(a)       2nd      Driving at high speed or with
                                       wanton disregard for safety
                                       while fleeing or attempting to
                                       elude law enforcement officer
                                       who is in a patrol vehicle with
                                       siren and lights activated.
1216
         316.80(2)            2nd      Unlawful conveyance of fuel;
                                       obtaining fuel fraudulently.
1217
         322.34(6)            3rd      Careless operation of motor
                                       vehicle with suspended license,
                                       resulting in death or serious
                                       bodily injury.
1218
         327.30(5)(a)2.       3rd      Vessel accidents involving
                                       personal injuries other than
                                       serious bodily injury; leaving
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                                      scene.
1219
         365.172              2nd     Misuse of emergency
           (14)(b)2.                  communications system resulting
                                      in death.
1220
         379.365(2)(c)1.      3rd     Violation of rules relating to:
                                      willful molestation of stone
                                      crab traps, lines, or buoys;
                                      illegal bartering, trading, or
                                      sale, conspiring or aiding in
                                      such barter, trade, or sale, or
                                      supplying, agreeing to supply,
                                      aiding in supplying, or giving
                                      away stone crab trap tags or
                                      certificates; making, altering,
                                      forging, counterfeiting, or
                                      reproducing stone crab trap
                                      tags; possession of forged,
                                      counterfeit, or imitation stone
                                      crab trap tags; and engaging in
                                      the commercial harvest of stone
                                      crabs while license is
                                      suspended or revoked.
1221
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         379.367(4)           3rd     Willful molestation of a
                                      commercial harvester's spiny
                                      lobster trap, line, or buoy.
1222
         379.407(5)(b)3.      3rd     Possession of 100 or more
                                      undersized spiny lobsters.
1223
         381.0041(11)(b)      3rd     Donate blood, plasma, or organs
                                      knowing HIV positive.
1224
         440.10(1)(g)         2nd     Failure to obtain workers'
                                      compensation coverage.
1225
         440.105(5)           2nd     Unlawful solicitation for the
                                      purpose of making workers'
                                      compensation claims.
1226
         440.381(2)           3rd     Submission of false,
                                      misleading, or incomplete
                                      information with the purpose of
                                      avoiding or reducing workers'
                                      compensation premiums.
1227
         624.401(4)(b)2.      2nd     Transacting insurance without a
                                      certificate or authority;
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                                               Bill No. CS/CS/HB 189    (2026)
         Amendment No.


                                      premium collected $20,000 or
                                      more but less than $100,000.
1228
         626.902(1)(c)        2nd     Representing an unauthorized
                                      insurer; repeat offender.
1229
         790.01(3)            3rd     Unlawful carrying of a
                                      concealed firearm.
1230
         790.162              2nd     Threat to throw or discharge
                                      destructive device.
1231
         790.163(1)           2nd     False report of bomb,
                                      explosive, weapon of mass
                                      destruction, or use of firearms
                                      in violent manner.
1232
         790.221(1)           2nd     Possession of short-barreled
                                      shotgun or machine gun.
1233
         790.23               2nd     Felons in possession of
                                      firearms, ammunition, or
                                      electronic weapons or devices.
1234
         796.05(1)            2nd     Live on earnings of a
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                                      prostitute; 1st offense.
1235
         800.04(6)(c)         3rd     Lewd or lascivious conduct;
                                      offender less than 18 years of
                                      age.
1236
         800.04(7)(b)         2nd     Lewd or lascivious exhibition;
                                      offender 18 years of age or
                                      older.
1237
         806.111(1)           3rd     Possess, manufacture, or
                                      dispense fire bomb with intent
                                      to damage any structure or
                                      property.
1238
         810.145(4)           3rd     Commercial digital voyeurism
                                      dissemination.
1239
         810.145(7)(a)        2nd     Digital voyeurism; 2nd or
                                      subsequent offense.
1240
         810.145(8)(a)        2nd     Digital voyeurism; certain
                                      minor victims.
1241
         812.014(2)(d)3.      2nd     Grand theft, 2nd degree; theft
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                                      from 20 or more dwellings or
                                      their unenclosed curtilage, or
                                      any combination.
1242
         812.0145(2)(b)       2nd     Theft from person 65 years of
                                      age or older; $10,000 or more
                                      but less than $50,000.
1243
         812.015              3rd     Retail theft; property stolen
           (8)(a) & (c)-              is valued at $750 or more and
         (e)                          one or more specified acts.
1244
         812.015(8)(f)        3rd     Retail theft; multiple thefts
                                      within specified period.
1245
         812.015(8)(g)        3rd     Retail theft; committed with
                                      specified number of other
                                      persons.
1246
         812.019(1)           2nd     Stolen property; dealing in or
                                      trafficking in.
1247
         812.081(3)           2nd     Trafficking in trade secrets.
1248
         812.131(2)(b)        3rd     Robbery by sudden snatching.
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1249
         812.16(2)            3rd     Owning, operating, or
                                      conducting a chop shop.
1250
         817.034(4)(a)2.      2nd     Communications fraud, value
                                      $20,000 to $50,000.
1251
         817.234(11)(b)       2nd     Insurance fraud; property value
                                      $20,000 or more but less than
                                      $100,000.
1252
         817.2341(1),         3rd     Filing false financial
           (2)(a) &                   statements, making false
         (3)(a)                       entries of material fact or
                                      false statements regarding
                                      property values relating to the
                                      solvency of an insuring entity.
1253
         817.568(2)(b)        2nd     Fraudulent use of personal
                                      identification information;
                                      value of benefit, services
                                      received, payment avoided, or
                                      amount of injury or fraud,
                                      $5,000 or more or use of
                                      personal identification
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                                                 Bill No. CS/CS/HB 189   (2026)
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                                      information of 10 or more
                                      persons.
1254
         817.611(2)(a)        2nd     Traffic in or possess 5 to 14
                                      counterfeit credit cards or
                                      related documents.
1255
         817.625(2)(b)        2nd     Second or subsequent fraudulent
                                      use of scanning device,
                                      skimming device, or reencoder.
1256
         825.1025(4)          3rd     Lewd or lascivious exhibition
                                      in the presence of an elderly
                                      person or disabled adult.
1257
         828.12(2)            3rd     Tortures any animal with intent
                                      to inflict intense pain,
                                      serious physical injury, or
                                      death.
1258
         836.14(4)            2nd     Person who willfully promotes
                                      for financial gain a sexually
                                      explicit image of an
                                      identifiable person without
                                      consent.
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                                               Bill No. CS/CS/HB 189    (2026)
         Amendment No.


1259
         839.13(2)(b)         2nd     Falsifying records of an
                                      individual in the care and
                                      custody of a state agency
                                      involving great bodily harm or
                                      death.
1260
         843.01(1)            3rd     Resist officer with violence to
                                      person; resist arrest with
                                      violence.
1261
         847.0135(5)(b)       2nd     Lewd or lascivious exhibition
                                      using computer; offender 18
                                      years or older.
1262
         847.0137             3rd     Transmission of pornography by
           (2) & (3)                  electronic device or equipment.
1263
         847.0138             3rd     Transmission of material
           (2) & (3)                  harmful to minors to a minor by
                                      electronic device or equipment.
1264
         849.02(3)            2nd     Agents or employees of keeper
                                      of gambling house, third or
                                      subsequent offense.
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         Amendment No.


1265
         849.03(2)            2nd     Renting house for gambling
                                      purposes; second or subsequent
                                      offense.
1266
         849.15(3)(c)         2nd     Manufacture, sale, or
                                      possession of slot machine; by
                                      person of authority of five or
                                      more machines or two or more
                                      prior convictions.
1267
         849.157(2)           2nd     False or misleading statement
                                      to facilitate sale of slot
                                      machines or devices; five or
                                      more machines.
1268
         849.25(3)            2nd     Bookmaking; second or
                                      subsequent offense.
1269
         874.05(1)(b)         2nd     Encouraging or recruiting
                                      another to join a criminal
                                      gang; second or subsequent
                                      offense.
1270
         874.05(2)(a)         2nd     Encouraging or recruiting
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                                      person under 13 years of age to
                                      join a criminal gang.
1271
         893.13(1)(a)1.       2nd     Sell, manufacture, or deliver
                                      cocaine (or other s.
                                      893.03(1)(a), (1)(b), (1)(d),
                                      (2)(a), (2)(b), or (2)(c)5.
                                      drugs).
1272
         893.13(1)(c)2.       2nd     Sell, manufacture, or deliver
                                      cannabis (or other s.
                                      893.03(1)(c), (2)(c)1.,
                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                      (2)(c)10., (3), or (4) drugs)
                                      within 1,000 feet of a child
                                      care facility, school, or
                                      state, county, or municipal
                                      park or publicly owned
                                      recreational facility or
                                      community center.
1273
         893.13(1)(d)1.       1st     Sell, manufacture, or deliver
                                      cocaine (or other s.
                                      893.03(1)(a), (1)(b), (1)(d),
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                                      (2)(a), (2)(b), or (2)(c)5.
                                      drugs) within 1,000 feet of
                                      university.
1274
         893.13(1)(e)2.       2nd     Sell, manufacture, or deliver
                                      cannabis or other drug
                                      prohibited under s.
                                      893.03(1)(c), (2)(c)1.,
                                      (2)(c)2., (2)(c)3., (2)(c)6.,
                                      (2)(c)7., (2)(c)8., (2)(c)9.,
                                      (2)(c)10., (3), or (4) within
                                      1,000 feet of property used for
                                      religious services or a
                                      specified business site.
1275
         893.13(1)(f)1.       1st     Sell, manufacture, or deliver
                                      cocaine (or other s.
                                      893.03(1)(a), (1)(b), (1)(d),
                                      or (2)(a), (2)(b), or (2)(c)5.
                                      drugs) within 1,000 feet of
                                      public housing facility.
1276
         893.13(4)(b)         2nd     Use or hire of minor; deliver
                                      to minor other controlled
                                      substance.
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                                                   Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1277
         893.1351(1)           3rd       Ownership, lease, or rental for
                                         trafficking in or manufacturing
                                         of controlled substance.
1278
1279          (g)   LEVEL 7
1280
         Florida              Felony
         Statute              Degree                 Description
1281
         316.027(2)(c)         1st       Accident involving death,
                                         failure to stop; leaving scene.
1282
         316.193(3)(c)2.       3rd       DUI resulting in serious bodily
                                         injury.
1283
         316.1935(3)(b)        1st       Causing serious bodily injury
                                         or death to another person;
                                         driving at high speed or with
                                         wanton disregard for safety
                                         while fleeing or attempting to
                                         elude law enforcement officer
                                         who is in a patrol vehicle with
                                         siren and lights activated.
1284
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         327.35(3)(a)3.b.     3rd     Vessel BUI resulting in serious
                                      bodily injury.
1285
         402.319(2)           2nd     Misrepresentation and
                                      negligence or intentional act
                                      resulting in great bodily harm,
                                      permanent disfiguration,
                                      permanent disability, or death.
1286
         409.920              3rd     Medicaid provider fraud;
           (2)(b)1.a.                 $10,000 or less.
1287
         409.920              2nd     Medicaid provider fraud; more
           (2)(b)1.b.                 than $10,000, but less than
                                      $50,000.
1288
         456.065(2)           3rd     Practicing a health care
                                      profession without a license.
1289
         456.065(2)           2nd     Practicing a health care
                                      profession without a license
                                      which results in serious bodily
                                      injury.
1290
         458.327(1)           3rd     Practicing medicine without a
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                                                 Bill No. CS/CS/HB 189   (2026)
         Amendment No.


                                      license.
1291
         459.013(1)           3rd     Practicing osteopathic medicine
                                      without a license.
1292
         460.411(1)           3rd     Practicing chiropractic
                                      medicine without a license.
1293
         461.012(1)           3rd     Practicing podiatric medicine
                                      without a license.
1294
         462.17               3rd     Practicing naturopathy without
                                      a license.
1295
         463.015(1)           3rd     Practicing optometry without a
                                      license.
1296
         464.016(1)           3rd     Practicing nursing without a
                                      license.
1297
         465.015(2)           3rd     Practicing pharmacy without a
                                      license.
1298
         466.026(1)           3rd     Practicing dentistry or dental
                                      hygiene without a license.
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1299
         467.201              3rd     Practicing midwifery without a
                                      license.
1300
         468.366              3rd     Delivering respiratory care
                                      services without a license.
1301
         483.828(1)           3rd     Practicing as clinical
                                      laboratory personnel without a
                                      license.
1302
         483.901(7)           3rd     Practicing medical physics
                                      without a license.
1303
         484.013(1)(c)        3rd     Preparing or dispensing optical
                                      devices without a prescription.
1304
         484.053              3rd     Dispensing hearing aids without
                                      a license.
1305
         494.0018(2)          1st     Conviction of any violation of
                                      chapter 494 in which the total
                                      money and property unlawfully
                                      obtained exceeded $50,000 and
                                      there were five or more
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         Amendment No.


                                      victims.
1306
         560.123(8)(b)1.      3rd     Failure to report currency or
                                      payment instruments exceeding
                                      $300 but less than $20,000 by a
                                      money services business.
1307
         560.125(5)(a)        3rd     Money services business by
                                      unauthorized person, currency
                                      or payment instruments
                                      exceeding $300 but less than
                                      $20,000.
1308
         655.50(10)(b)1.      3rd     Failure to report financial
                                      transactions exceeding $300 but
                                      less than $20,000 by financial
                                      institution.
1309
         775.21(10)(a)        3rd     Sexual predator; failure to
                                      register; failure to renew
                                      driver license or
                                      identification card; other
                                      registration violations.
1310
         775.21(10)(b)        3rd     Sexual predator working where
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                                                Bill No. CS/CS/HB 189   (2026)
         Amendment No.


                                      children regularly congregate.
1311
         775.21(10)(g)        3rd     Failure to report or providing
                                      false information about a
                                      sexual predator; harbor or
                                      conceal a sexual predator.
1312
         782.051(3)           2nd     Attempted felony murder of a
                                      person by a person other than
                                      the perpetrator or the
                                      perpetrator of an attempted
                                      felony.
1313
         782.07(1)            2nd     Killing of a human being by the
                                      act, procurement, or culpable
                                      negligence of another
                                      (manslaughter).
1314
         782.071              2nd     Killing of a human being or
                                      unborn child by the operation
                                      of a motor vehicle in a
                                      reckless manner (vehicular
                                      homicide).
1315
         782.072              2nd     Killing of a human being by the
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                                      operation of a vessel in a
                                      reckless manner (vessel
                                      homicide).
1316
         784.045(1)(a)1.      2nd     Aggravated battery;
                                      intentionally causing great
                                      bodily harm or disfigurement.
1317
         784.045(1)(a)2.      2nd     Aggravated battery; using
                                      deadly weapon.
1318
         784.045(1)(b)        2nd     Aggravated battery; perpetrator
                                      aware victim pregnant.
1319
         784.048(4)           3rd     Aggravated stalking; violation
                                      of injunction or court order.
1320
         784.048(7)           3rd     Aggravated stalking; violation
                                      of court order.
1321
         784.07(2)(d)         1st     Aggravated battery on law
                                      enforcement officer.
1322
         784.074(1)(a)        1st     Aggravated battery on sexually
                                      violent predators facility
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                                      staff.
1323
         784.08(2)(a)         1st     Aggravated battery on a person
                                      65 years of age or older.
1324
         784.081(1)           1st     Aggravated battery on specified
                                      official or employee.
1325
         784.082(1)           1st     Aggravated battery by detained
                                      person on visitor or other
                                      detainee.
1326
         784.083(1)           1st     Aggravated battery on code
                                      inspector.
1327
         787.025(2)(b)        2nd     Luring or enticing a child;
                                      second or subsequent offense.
1328
         787.025(2)(c)        2nd     Luring or enticing a child with
                                      a specified prior conviction.
1329
         787.06(3)(a)2.       1st     Human trafficking using
                                      coercion for labor and services
                                      of an adult.
1330
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         787.06(3)(e)2.       1st     Human trafficking using
                                      coercion for labor and services
                                      by the transfer or transport of
                                      an adult from outside Florida
                                      to within the state.
1331
         790.07(4)            1st     Specified weapons violation
                                      subsequent to previous
                                      conviction of s. 790.07(1) or
                                      (2).
1332
         790.16(1)            1st     Discharge of a machine gun
                                      under specified circumstances.
1333
         790.165(2)           2nd     Manufacture, sell, possess, or
                                      deliver hoax bomb.
1334
         790.165(3)           2nd     Possessing, displaying, or
                                      threatening to use any hoax
                                      bomb while committing or
                                      attempting to commit a felony.
1335
         790.166(3)           2nd     Possessing, selling, using, or
                                      attempting to use a hoax weapon
                                      of mass destruction.
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1336
         790.166(4)           2nd     Possessing, displaying, or
                                      threatening to use a hoax
                                      weapon of mass destruction
                                      while committing or attempting
                                      to commit a felony.
1337
         790.23             1st,PBL   Possession of a firearm by a
                                      person who qualifies for the
                                      penalty enhancements provided
                                      for in s. 874.04.
1338
         794.08(4)            3rd     Female genital mutilation;
                                      consent by a parent, guardian,
                                      or a person in custodial
                                      authority to a victim younger
                                      than 18 years of age.
1339
         796.05(1)            1st     Live on earnings of a
                                      prostitute; 2nd offense.
1340
         796.05(1)            1st     Live on earnings of a
                                      prostitute; 3rd and subsequent
                                      offense.
1341
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         800.04(5)(c)1.       2nd     Lewd or lascivious molestation;
                                      victim younger than 12 years of
                                      age; offender younger than 18
                                      years of age.
1342
         800.04(5)(c)2.       2nd     Lewd or lascivious molestation;
                                      victim 12 years of age or older
                                      but younger than 16 years of
                                      age; offender 18 years of age
                                      or older.
1343
         800.04(5)(e)         1st     Lewd or lascivious molestation;
                                      victim 12 years of age or older
                                      but younger than 16 years;
                                      offender 18 years or older;
                                      prior conviction for specified
                                      sex offense.
1344
         806.01(2)            2nd     Maliciously damage structure by
                                      fire or explosive.
1345
         810.02(3)(a)         2nd     Burglary of occupied dwelling;
                                      unarmed; no assault or battery.
1346
         810.02(3)(b)         2nd     Burglary of unoccupied
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                                      dwelling; unarmed; no assault
                                      or battery.
1347
         810.02(3)(d)         2nd     Burglary of occupied
                                      conveyance; unarmed; no assault
                                      or battery.
1348
         810.02(3)(e)         2nd     Burglary of authorized
                                      emergency vehicle.
1349
         812.014(2)(a)1.      1st     Property stolen, valued at
                                      $100,000 or more or a
                                      semitrailer deployed by a law
                                      enforcement officer; property
                                      stolen while causing other
                                      property damage; 1st degree
                                      grand theft.
1350
         812.014(2)(b)2.      2nd     Property stolen, cargo valued
                                      at less than $50,000, grand
                                      theft in 2nd degree.
1351
         812.014(2)(b)3.      2nd     Property stolen, emergency
                                      medical equipment; 2nd degree
                                      grand theft.
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1352
         812.014(2)(b)4.      2nd     Property stolen, law
                                      enforcement equipment from
                                      authorized emergency vehicle.
1353
         812.014(2)(g)        2nd     Grand theft; second degree;
                                      firearm with previous
                                      conviction of s.
                                      812.014(2)(c)5.
1354
         812.0145(2)(a)       1st     Theft from person 65 years of
                                      age or older; $50,000 or more.
1355
         812.019(2)           1st     Stolen property; initiates,
                                      organizes, plans, etc., the
                                      theft of property and traffics
                                      in stolen property.
1356
         812.131(2)(a)        2nd     Robbery by sudden snatching.
1357
         812.133(2)(b)        1st     Carjacking; no firearm, deadly
                                      weapon, or other weapon.
1358
         817.034(4)(a)1.      1st     Communications fraud, value
                                      greater than $50,000.
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1359
         817.234(8)(a)        2nd     Solicitation of motor vehicle
                                      accident victims with intent to
                                      defraud.
1360
         817.234(9)           2nd     Organizing, planning, or
                                      participating in an intentional
                                      motor vehicle collision.
1361
         817.234(11)(c)       1st     Insurance fraud; property value
                                      $100,000 or more.
1362
         817.2341             1st     Making false entries of
           (2)(b) &                   material fact or false
         (3)(b)                       statements regarding property
                                      values relating to the solvency
                                      of an insuring entity which are
                                      a significant cause of the
                                      insolvency of that entity.
1363
         817.418(2)(a)        3rd     Offering for sale or
                                      advertising personal protective
                                      equipment with intent to
                                      defraud.
1364
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         817.504(1)(a)        3rd     Offering or advertising a
                                      vaccine with intent to defraud.
1365
         817.535(2)(a)        3rd     Filing false lien or other
                                      unauthorized document.
1366
         817.611(2)(b)        2nd     Traffic in or possess 15 to 49
                                      counterfeit credit cards or
                                      related documents.
1367
         825.102(3)(b)        2nd     Neglecting an elderly person or
                                      disabled adult causing great
                                      bodily harm, disability, or
                                      disfigurement.
1368
         825.103(3)(b)        2nd     Exploiting an elderly person or
                                      disabled adult and property is
                                      valued at $10,000 or more, but
                                      less than $50,000.
1369
         827.03(2)(b)         2nd     Neglect of a child causing
                                      great bodily harm, disability,
                                      or disfigurement.
1370
         827.04(3)            3rd     Impregnation of a child under
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                                      16 years of age by person 21
                                      years of age or older.
1371
         827.071(2) & (3)     2nd     Use or induce a child in a
                                      sexual performance, or promote
                                      or direct such performance.
1372
         827.071(4)           2nd     Possess with intent to promote
                                      any photographic material,
                                      motion picture, etc., which
                                      includes child pornography.
1373
         837.05(2)            3rd     Giving false information about
                                      alleged capital felony to a law
                                      enforcement officer.
1374
         838.015              2nd     Bribery.
1375
         838.016              2nd     Unlawful compensation or reward
                                      for official behavior.
1376
         838.021(3)(a)        2nd     Unlawful harm to a public
                                      servant.
1377
         838.22               2nd     Bid tampering.
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1378
         843.0855(2)          3rd     Impersonation of a public
                                      officer or employee.
1379
         843.0855(3)          3rd     Unlawful simulation of legal
                                      process.
1380
         843.0855(4)          3rd     Intimidation of a public
                                      officer or employee.
1381
         847.0135(3)          3rd     Solicitation of a child, via a
                                      computer service, to commit an
                                      unlawful sex act.
1382
         847.0135(4)          2nd     Traveling to meet a minor to
                                      commit an unlawful sex act.
1383
         849.155              1st     Trafficking in slot machines or
                                      devices or any part thereof.
1384
         872.06               2nd     Abuse of a dead human body.
1385
         874.05(2)(b)         1st     Encouraging or recruiting
                                      person under 13 to join a
                                      criminal gang; second or
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                                      subsequent offense.
1386
         874.10             1st,PBL   Knowingly initiates, organizes,
                                      plans, finances, directs,
                                      manages, or supervises criminal
                                      gang-related activity.
1387
         893.13(1)(c)1.       1st     Sell, manufacture, or deliver
                                      cocaine (or other drug
                                      prohibited under s.
                                      893.03(1)(a), (1)(b), (1)(d),
                                      (2)(a), (2)(b), or (2)(c)5.)
                                      within 1,000 feet of a child
                                      care facility, school, or
                                      state, county, or municipal
                                      park or publicly owned
                                      recreational facility or
                                      community center.
1388
         893.13(1)(e)1.       1st     Sell, manufacture, or deliver
                                      cocaine or other drug
                                      prohibited under s.
                                      893.03(1)(a), (1)(b), (1)(d),
                                      (2)(a), (2)(b), or (2)(c)5.,
                                      within 1,000 feet of property
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                                      used for religious services or
                                      a specified business site.
1389
         893.13(4)(a)         1st     Use or hire of minor; deliver
                                      to minor other controlled
                                      substance.
1390
         893.135(1)(a)1.      1st     Trafficking in cannabis, more
                                      than 25 lbs., less than 2,000
                                      lbs.
1391
         893.135              1st     Trafficking in cocaine, more
           (1)(b)1.a.                 than 28 grams, less than 200
                                      grams.
1392
         893.135              1st     Trafficking in illegal drugs,
           (1)(c)1.a.                 more than 4 grams, less than 14
                                      grams.
1393
         893.135              1st     Trafficking in hydrocodone, 28
           (1)(c)2.a.                 grams or more, less than 50
                                      grams.
1394
         893.135              1st     Trafficking in hydrocodone, 50
           (1)(c)2.b.                 grams or more, less than 100
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                                      grams.
1395
         893.135              1st     Trafficking in oxycodone, 7
           (1)(c)3.a.                 grams or more, less than 14
                                      grams.
1396
         893.135              1st     Trafficking in oxycodone, 14
           (1)(c)3.b.                 grams or more, less than 25
                                      grams.
1397
         893.135              1st     Trafficking in fentanyl, 4
           (1)(c)4.b.(I)              grams or more, less than 14
                                      grams.
1398
         893.135              1st     Trafficking in phencyclidine,
           (1)(d)1.a.                 28 grams or more, less than 200
                                      grams.
1399
         893.135(1)(e)1.      1st     Trafficking in methaqualone,
                                      200 grams or more, less than 5
                                      kilograms.
1400
         893.135(1)(f)1.      1st     Trafficking in amphetamine, 14
                                      grams or more, less than 28
                                      grams.
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1401
         893.135              1st     Trafficking in flunitrazepam, 4
           (1)(g)1.a.                 grams or more, less than 14
                                      grams.
1402
         893.135              1st     Trafficking in gamma-
           (1)(h)1.a.                 hydroxybutyric acid (GHB), 1
                                      kilogram or more, less than 5
                                      kilograms.
1403
         893.135              1st     Trafficking in 1,4-Butanediol,
           (1)(j)1.a.                 1 kilogram or more, less than 5
                                      kilograms.
1404
         893.135              1st     Trafficking in Phenethylamines,
           (1)(k)2.a.                 10 grams or more, less than 200
                                      grams.
1405
         893.135              1st     Trafficking in synthetic
           (1)(m)2.a.                 cannabinoids, 280 grams or
                                      more, less than 500 grams.
1406
         893.135              1st     Trafficking in synthetic
           (1)(m)2.b.                 cannabinoids, 500 grams or
                                      more, less than 1,000 grams.
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         Amendment No.


1407
         893.135              1st     Trafficking in n-benzyl
           (1)(n)2.a.                 phenethylamines, 14 grams or
                                      more, less than 100 grams.
1408
         893.1351(2)          2nd     Possession of place for
                                      trafficking in or manufacturing
                                      of controlled substance.
1409
         896.101(5)(a)        3rd     Money laundering, financial
                                      transactions exceeding $300 but
                                      less than $20,000.
1410
         896.104(4)(a)1.      3rd     Structuring transactions to
                                      evade reporting or registration
                                      requirements, financial
                                      transactions exceeding $300 but
                                      less than $20,000.
1411
         943.0435(4)(c)       2nd     Sexual offender vacating
                                      permanent residence; failure to
                                      comply with reporting
                                      requirements.
1412
         943.0435(8)          2nd     Sexual offender; remains in
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                                      state after indicating intent
                                      to leave; failure to comply
                                      with reporting requirements.
1413
         943.0435(9)(a)       3rd     Sexual offender; failure to
                                      comply with reporting
                                      requirements.
1414
         943.0435(13)         3rd     Failure to report or providing
                                      false information about a
                                      sexual offender; harbor or
                                      conceal a sexual offender.
1415
         943.0435(14)         3rd     Sexual offender; failure to
                                      report and reregister; failure
                                      to respond to address
                                      verification; providing false
                                      registration information.
1416
         944.607(9)           3rd     Sexual offender; failure to
                                      comply with reporting
                                      requirements.
1417
         944.607(10)(a)       3rd     Sexual offender; failure to
                                      submit to the taking of a
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                                      digitized photograph.
1418
         944.607(12)          3rd     Failure to report or providing
                                      false information about a
                                      sexual offender; harbor or
                                      conceal a sexual offender.
1419
         944.607(13)          3rd     Sexual offender; failure to
                                      report and reregister; failure
                                      to respond to address
                                      verification; providing false
                                      registration information.
1420
         985.4815(10)         3rd     Sexual offender; failure to
                                      submit to the taking of a
                                      digitized photograph.
1421
         985.4815(12)         3rd     Failure to report or providing
                                      false information about a
                                      sexual offender; harbor or
                                      conceal a sexual offender.
1422
         985.4815(13)         3rd     Sexual offender; failure to
                                      report and reregister; failure
                                      to respond to address
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                                      verification; providing false
                                      registration information.
1423
1424          Section 34.    Paragraph (a) of subsection (1) and paragraph
1425     (a) of subsection (2) of section 772.102, Florida Statutes, are
1426     amended to read:
1427          772.102    Definitions.—As used in this chapter, the term:
1428          (1)    "Criminal activity" means to commit, to attempt to
1429     commit, to conspire to commit, or to solicit, coerce, or
1430     intimidate another person to commit:
1431          (a)    Any crime that is chargeable by indictment or
1432     information under the following provisions:
1433          1.    Section 210.18, relating to evasion of payment of
1434     cigarette taxes.
1435          2.    Section 414.39, relating to public assistance fraud.
1436          3.    Section 440.105 or s. 440.106, relating to workers'
1437     compensation.
1438          4.    Part IV of chapter 501, relating to telemarketing.
1439          5.    Chapter 517, relating to securities transactions.
1440          6.    Section 550.235 or s. 550.3551, relating to dogracing
1441     and horseracing.
1442          7.    Chapter 550, relating to jai alai frontons.
1443          8.    Chapter 552, relating to the manufacture, distribution,
1444     and use of explosives.
1445          9.    Chapter 562, relating to beverage law enforcement.
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1446          10.   Section 624.401, relating to transacting insurance
1447     without a certificate of authority, s. 624.437(4)(c)1., relating
1448     to operating an unauthorized multiple-employer welfare
1449     arrangement, or s. 626.902(1)(b), relating to representing or
1450     aiding an unauthorized insurer.
1451          11.   Chapter 687, relating to interest and usurious
1452     practices.
1453          12.   Section 721.08, s. 721.09, or s. 721.13, relating to
1454     real estate timeshare plans.
1455          13.   Chapter 782, relating to homicide.
1456          14.   Chapter 784, relating to assault and battery.
1457          15.   Chapter 787, relating to kidnapping or human
1458     trafficking.
1459          16.   Chapter 790, relating to weapons and firearms.
1460          17.   Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1461     relating to prostitution.
1462          18.   Chapter 806, relating to arson.
1463          19.   Section 810.02(2)(c), relating to specified burglary
1464     of a dwelling or structure.
1465          20.   Chapter 812, relating to theft, robbery, and related
1466     crimes.
1467          21.   Chapter 815, relating to computer-related crimes.
1468          22.   Chapter 817, relating to fraudulent practices, false
1469     pretenses, fraud generally, and credit card crimes.
1470          23.   Section 827.071, relating to commercial sexual
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1471     exploitation of children.
1472          24.   Chapter 831, relating to forgery and counterfeiting.
1473          25.   Chapter 832, relating to issuance of worthless checks
1474     and drafts.
1475          26.   Section 836.05, relating to extortion.
1476          27.   Chapter 837, relating to perjury.
1477          28.   Chapter 838, relating to bribery and misuse of public
1478     office.
1479          29.   Chapter 843, relating to obstruction of justice.
1480          30.   Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1481     s. 847.07, relating to obscene literature and profanity.
1482          31.   Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1483     849.25, relating to gambling.
1484          32.   Chapter 893, relating to drug abuse prevention and
1485     control.
1486          33.   Section 914.22 or s. 914.23, relating to witnesses,
1487     victims, or informants.
1488          34.   Section 918.12, s. 918.125, or s. 918.13, relating to
1489     tampering with or harassing court officials, retaliating against
1490     court officials, and tampering with evidence.
1491          (2)   "Unlawful debt" means any money or other thing of
1492     value constituting principal or interest of a debt that is
1493     legally unenforceable in this state in whole or in part because
1494     the debt was incurred or contracted:
1495          (a)   In violation of any one of the following provisions of
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                                     Page 103 of 110
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                 Bill No. CS/CS/HB 189     (2026)
         Amendment No.


1496     law:
1497            1.    Section 550.235 or s. 550.3551, relating to dogracing
1498     and horseracing.
1499            2.    Chapter 550, relating to jai alai frontons.
1500            3.    Section 687.071, relating to criminal usury and loan
1501     sharking.
1502            4.    Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1503     849.25, relating to gambling.
1504            Section 35.    Paragraph (a) of subsection (12) of section
1505     895.02, Florida Statutes, is amended to read:
1506            895.02    Definitions.—As used in ss. 895.01-895.08, the
1507     term:
1508            (12)    "Unlawful debt" means any money or other thing of
1509     value constituting principal or interest of a debt that is
1510     legally unenforceable in this state in whole or in part because
1511     the debt was incurred or contracted:
1512            (a)    In violation of any one of the following provisions of
1513     law:
1514            1.    Section 550.235 or s. 550.3551, relating to dogracing
1515     and horseracing.
1516            2.    Chapter 550, relating to jai alai frontons.
1517            3.    Section 551.109, relating to slot machine gaming.
1518            4.    Chapter 687, relating to interest and usury.
1519            5.    Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1520     849.25, relating to gambling.
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                                      Page 104 of 110
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1521          Section 36.   This act shall take effect October 1, 2026.
1522
1523
1524           -----------------------------------------------------
1525                        T I T L E   A M E N D M E N T
1526          Remove everything before the enacting clause and insert:
1527          An act relating to gambling; amending s. 16.712, F.S.;
1528          revising the contents of an annual report by the
1529          Florida Gaming Control Commission; amending s. 16.713,
1530          F.S.; prohibiting certain appointment or employment
1531          for a specified period before or during service with
1532          the commission; amending s. 16.715, F.S.; revising
1533          standards of conduct for the commission; prohibiting
1534          certain post-employment activities for former
1535          commissioners and employees for a specified period;
1536          amending s. 20.055, F.S.; allowing the commission to
1537          appoint an agency inspector general; amending s.
1538          546.10, F.S.; authorizing certain organizations to
1539          petition the commission before purchasing, installing,
1540          or operating a game or machine on their premises
1541          before petitioning for and being issued a specified
1542          declaratory statement from the commission if the
1543          organizations are unsure if such game or machine is an
1544          amusement machine; prohibiting such organizations from
1545          purchasing or installing a game or machine until an
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                                    Page 105 of 110
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1546          outstanding declaratory statement is issued;
1547          prohibiting such organizations from seeking a
1548          declaratory statement if the game or machine in
1549          question is the subject of a criminal investigation;
1550          requiring the commission to issue a declaratory
1551          statement within a specified timeframe; prohibiting
1552          the commission from denying a petition if it was
1553          validly requested; specifying the information that
1554          must be included in a request for a declaratory
1555          statement; providing that the declaratory statement is
1556          valid only for the game or machine for which it is
1557          requested; providing that the declaratory statement is
1558          invalid if the specifications for the game or machine
1559          have been changed; providing that the declaratory
1560          statement is binding on the commission and may be
1561          introduced as evidence in subsequent proceedings;
1562          providing construction; amending s. 550.002, F.S.;
1563          revising the definition of the term "ultimate
1564          equitable owner"; amending s. 550.054, F.S.; revising
1565          when commission approval is needed for transfers of
1566          stock or other evidence of ownership of certain pari-
1567          mutuel permitholders; amending s. 550.09512, F.S.;
1568          removing provisions requiring reissuance of escheated
1569          harness horse permits; amending s. 550.09515, F.S.;
1570          prohibiting reissuance of horse permits to certain
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                                    Page 106 of 110
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1571          permitholders who do not pay tax on handle for live
1572          races for a specified period; removing provisions
1573          requiring reissuance of escheated horse permits;
1574          amending s. 838.12, F.S.; prohibiting betting on
1575          athletic contests with knowledge that the results are
1576          prearranged or predetermined; providing criminal
1577          penalties; amending s. 849.01, F.S.; revising criminal
1578          penalties for offenses involving keeping a gambling
1579          house; amending s. 849.02, F.S.; increasing criminal
1580          penalties for specified offenses by agents or
1581          employees of a keeper of a gambling house; creating s.
1582          849.021, F.S.; establishing criminal penalties for
1583          government employees who knowingly certify, license,
1584          approve, aid, facilitate, or conceal the operation of
1585          a gambling house; creating s. 849.023, F.S.;
1586          authorizing the Department of Business and
1587          Professional Regulation, the Florida Gaming Control
1588          Commission, and the Office of Financial Regulation,
1589          respectively, to suspend the license of any person
1590          found in violation of s. 849.01, s. 849.03, or 849.15;
1591          providing for revocation of certain licenses;
1592          providing for reissuance of a license; providing a
1593          fine for convictions of a violation; amending s.
1594          849.03, F.S.; revising criminal penalties for offenses
1595          involving renting a house for gambling purposes;
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1596          amending s. 849.08, F.S.; providing definitions;
1597          prohibiting Internet gambling and Internet sports
1598          wagering and related offenses; providing criminal
1599          penalties; providing exceptions; amending s. 849.086,
1600          F.S.; prohibiting specified actions relating to the
1601          manipulation of card games; providing criminal
1602          penalties; creating s. 849.0932, F.S.; defining the
1603          term "fantasy sports contest"; requiring such contests
1604          to meet specified requirements; providing penalties
1605          for violations; authorizing the commission to
1606          investigate and refer violations for prosecution;
1607          authorizing enforcement actions by the Attorney
1608          General and state attorneys; providing criminal
1609          penalties for certain violations; amending s. 849.11,
1610          F.S.; prohibiting certain offenses relating to games
1611          of chance; providing criminal penalties; amending s.
1612          849.13, F.S.; providing enhanced criminal penalties
1613          for second or subsequent violations of certain
1614          provisions; amending s. 849.14, F.S.; revising
1615          criminal penalties for betting or wagering on certain
1616          activities; repealing s. 849.142, F.S., relating to
1617          exempted activities; amending s. 849.15, F.S.;
1618          defining the terms "conviction," "part thereof," and
1619          "person of authority"; providing criminal penalties
1620          for specified offenses relating to the manufacture,
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                                    Page 108 of 110
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1621          possession, and sale of slot machines or devices;
1622          creating s. 849.155, F.S.; prohibiting trafficking in
1623          slot machines, devices, or a part thereof; providing
1624          criminal penalties; providing for the deposit of fines
1625          into a specified trust fund for specified purposes;
1626          creating s. 849.157, F.S.; prohibiting the making of a
1627          false or misleading statement regarding the legality
1628          of slot machines or devices for specified purposes;
1629          providing criminal penalties; amending s. 849.18,
1630          F.S.; providing a process for the disposition of
1631          certain slot machines or devices by the commission;
1632          creating s. 849.181, F.S.; providing a process for the
1633          destruction of excess slot machines or devices by
1634          certain criminal justice agencies; repealing s.
1635          849.23, F.S., relating to penalties for violations of
1636          specified provisions; creating s. 849.47, F.S.;
1637          defining the term "illegal gambling"; prohibiting the
1638          transportation of specified numbers of persons or
1639          persons of certain ages, for the purpose of
1640          facilitating illegal gambling; providing criminal
1641          penalties; creating s. 849.48, F.S.; defining the term
1642          "illegal gambling"; prohibiting specified gambling or
1643          gaming advertisements; providing criminal penalties;
1644          providing construction; creating s. 849.49, F.S.;
1645          preempting to the state the regulation of gaming,
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                                    Page 109 of 110
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                               Bill No. CS/CS/HB 189   (2026)
         Amendment No.


1646          gambling, lotteries, or other specified activities;
1647          creating s. 849.50, F.S.; establishing a limited
1648          gaming device surrender program that includes a
1649          certain period of time in which otherwise illegal
1650          gaming devices may be surrendered without penalty to
1651          ensure that any unknowing or otherwise innocent party
1652          can avoid criminal prosecution or civil penalty;
1653          requiring the commission to administer the program;
1654          providing immunity from criminal prosecution;
1655          providing program timeframes including an advertising
1656          period; specifying right of property in the devices;
1657          providing for a memorandum of understanding; amending
1658          s. 903.046, F.S.; providing for consideration of the
1659          amount of currency seized connected to or involved in
1660          specified gambling or gaming offenses when determining
1661          whether to release a defendant on bail prior to trial;
1662          amending s. 921.0022, F.S.; ranking offenses for
1663          purposes of the offense severity ranking chart of the
1664          Criminal Punishment Code; amending ss. 772.102 and
1665          895.02, F.S.; conforming provisions to changes made by
1666          the act; providing an effective date.




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                                    Page 110 of 110
CS/HB 387
387




                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 387                                     COMPANION BILL: CS/CS/SB 422 (Wright)
TITLE: Automatic Dependent Surveillance Broadcasts    LINKED BILLS: None
SPONSOR(S): Bankson and Kendall                       RELATED BILLS: None
Committee References
    Economic Infrastructure              Intergovernmental Affairs                 Commerce
            16 Y, 0 N                        15 Y, 0 N, As CS        

SUMMARY
 Effect of the Bill:
 The bill prohibits the use of flight data derived from “automatic dependent surveillance broadcast” (ADS-B)
 systems to calculate, generate, or collect fees from owners and operators of certain aircraft under 12,500 pounds.

 Fiscal or Economic Impact:
 The bill may have an indeterminate negative fiscal impact on local governments to the extent those governments
 use flight data derived from ADS-B systems to calculate, generate, or collect fees that the local government would
 not otherwise collect.


  JUMP TO                 SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill prohibits the use of information derived from “automatic dependent surveillance broadcast” (ADS-B)
systems to calculate, generate, or collect fees from owners or operators of certain aircraft 1 within the state.
Specifically, the bill:
    • Provides a definition of “aircraft” for purposes of the prohibition to include aircraft under 12,500 pounds
        gross weight that operate under the Federal Aviation Administration’s (FAA) rules for general aviation
        aircraft. (Section 1).
    • Provides a definition of “automatic dependent surveillance broadcast” (ADS-B). 2 (Section 1).
    • Provides a definition of "touch-and-go landing.”
    • Prohibits any airport from using information derived from ADS-B systems as a means for calculating,
        generating, and collecting fees from aircraft owners or operators for departures and landings, including
        touch-and-go landings, or for entering the airport’s airspace. (Section 1).

The effective date of the bill is July 1, 2026. (Section 2).




1 For purposes of the bill, the term “aircraft” is defined as having the same meaning as in s. 330.27, F.S., except that the aircraft

must have a gross weight of 12,499 pounds or less and operate under 14 C.F.R. part 91.
2 The bill defines "automatic dependent surveillance broadcast" 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 between an aircraft and air traffic control. The term includes two different services, ADS-B In and ADS-B Out, that 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.”
STORAGE NAME: h0387d.COM
DATE: 2/6/2026
                                                                                                                                             1
                                                                                                                     CS/HB 387
FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local governments to the extent those governments
use flight data derived from ADS-B systems to calculate, generate, or collect fees that the local government would
not otherwise collect.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Automatic Dependent Surveillance-Broadcast (ADS-B)
Automatic Dependent Surveillance–Broadcast (ADS–B) is an advanced aircraft surveillance system that replaces
radar technology with a satellite-based technology. An ADS-B system periodically transmits information with no
operator involvement, relies on Global Positioning System (GPS) or other satellite-based navigation systems, and
provides three-dimensional aircraft positioning and identification. 3 ADS-B technology includes two different
services: “ADS-B Out” broadcasts information about an aircraft’s GPS location, altitude, ground speed, and other
data to ground stations and other aircraft, and “ADS-B In” provides operators with weather and traffic position
information. 4 Information broadcast from an airplane equipped with an ADS-B system can be received by anyone
with appropriate receiving equipment. 5

As of January 1, 2020, the Federal Aviation Administration (FAA) requires the operation of ADS-B Out systems for
aircraft flying in most U.S. airspace, unless authorized by Air Traffic Control. 6 Because real-time ADS-B information,
including geographic location tracking, can be received by third parties, the FAA’s ADS-B Out requirement has
generated privacy concerns among aircraft operators. 7 To mitigate these 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. 8

General Aviation Aircraft
“General Aviation” (GA) is defined by the International Civil Aviation Organization 9 as “all civil aviation
operations other than scheduled air services and nonscheduled air transport operations for remuneration
or hire.” 10 Thus, GA activity includes flight training, firefighting, banner towing, pipeline patrols, medevac
operations, and recreational flying, among other activities. 11




3 Federal Aviation Administration, Ins and Outs, https://www.faa.gov/air_traffic/technology/equipadsb/capabilities/ins_outs

(last visited Feb. 6, 2026).
4 Id.
5 Id.
6 Federal Aviation Administration, Advisory Circular No. 90-114C: Automatic Dependent Surveillance-Broadcast Operations,

issued Jan. 14, 2025, available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_90-114C.pdf (last
visited Feb. 6, 2026).
7 Federal Aviation Administration, ADS-B Privacy, https://www.faa.gov/air_traffic/technology/equipadsb/privacy (last visited

Feb. 6, 2026).
8 Id.
9 The International Civil Aviation Organization (ICAO) is a United Nations agency of 193 member states that cooperate

together to support and enable a global air transport network. See ICAO, About ICAO, https://www.icao.int/about-icao (last
visited Feb. 6, 2026); ICAO, Strategic Objectives, https://www.icao.int/strategic-objectives (last visited Feb. 6, 2026).
10 See, e.g., Aircraft Owners and Pilots Association, General Aviation Explained: The Backbone of America’s Aviation System, at p.

3, available at https://download.aopa.org/Media/General-Aviation-Explained-r5.pdf (last visited Feb. 6, 2026).
11 Id.

JUMP TO                 SUMMARY                      ANALYSIS              RELEVANT INFORMATION                BILL HISTORY
                                                                                                                                 2
                                                                                                             CS/HB 387
Aircraft Fees in Florida
Florida law allows publicly owned and operated airports to assess fees for the use of airport 12 facilities by aircraft,
and municipal airports are authorized to charge owners and operators of airplanes using such airports sufficient
fees and charges to cover the cost of services provided. 13 However, publicly owned airports are prohibited from
charging landing fees for aircraft operations conducted for flight training by certain accredited nonprofit
institutions. 14 Florida law provides that the governing body of a publicly owned and operated airport has a lien
upon all aircraft using its facilities when payment of fees and charges are not made immediately upon demand. 15

Several airports in Florida have recently considered implementing automated landing fees using ADS-B
information. 16 Operators of general aviation aircraft have opposed the proposals, and at least some airports have
delayed the implementation of such automated fees. 17 However, 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. 18

                                                          BILL HISTORY
                                                                                                     STAFF
                                                                                                   DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                    ACTION                   DATE              POLICY CHIEF           PREPARED BY
Economic Infrastructure                                16 Y, 0 N              1/14/2026              Keating               Rubottom
Subcommittee
Intergovernmental Affairs                         15 Y, 0 N, As CS            2/5/2026                Darden                 Hilliard
Subcommittee
THE CHANGES ADOPTED BY THE                       •     Provided a definition of “touch-and-go landing.”
COMMITTEE:                                       •     Prohibited airports from charging the fee, rather than aircrafts or any
                                                       public or private entities.
                                                 •     Specified that the fee prohibition only applies to departures and
                                                       landings, including touch-and-go landings, and for entering the
                                                       airport’s airspace.
Commerce Committee                                                                              Hamon             Rubottom


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




12 The term “airport” is defined in s. 330.27(3), F.S.
13 See s. 329.40(1), F.S., and s. 332.08(1)(e), F.S.
14 See s. 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.
15 See s. 329.40(1), F.S.
16 General Aviation News Staff, Florida Airports Prepare to Impose Landing Fees, General Aviation News, Sep. 7, 2024,

https://generalaviationnews.com/2024/09/07/florida-airports-prepare-to-impose-landing-fees/ (last visited Feb. 6, 2026).
17 Stacey Heaton, Florida Airport Pauses Vote on New Landing Fee, Aircraft Owners and Pilots Association, Jan. 28, 2025,

https://www.aopa.org/news-and-media/all-news/2025/january/28/florida-airport-pauses-vote-on-new-landing-fee (last
visited Feb. 6, 2026).
18 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,
https://www.vector-us.com/clients (last visited Feb. 6, 2026).
JUMP TO                   SUMMARY                        ANALYSIS                RELEVANT INFORMATION                   BILL HISTORY
                                                                                                                                             3
F   L      O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 387                                                                                            2026




    1                                         A bill to be entitled
    2              An act relating to automatic dependent surveillance
    3              broadcasts; creating s. 330.42, F.S.; providing
    4              definitions; prohibiting airports from using
    5              information broadcast or collected by automatic
    6              dependent surveillance broadcast systems for specified
    7              purposes under certain conditions; providing an
    8              effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                 Section 1.         Section 330.42, Florida Statutes, is created to
13         read:
14                 330.42       Automatic dependent surveillance broadcasts.—
15                 (1)     For purposes of this section, the term:
16                 (a)     "Aircraft" has the same meaning as in s. 330.27,
17         except that the aircraft must have a gross weight of 12,499
18         pounds or less and operate under 14 C.F.R. part 91.
19                 (b)     "Automatic dependent surveillance broadcast" means an
20         advanced aviation surveillance technology that combines an
21         aircraft's positioning source, aircraft avionics, and a ground
22         infrastructure to create an accurate surveillance interface
23         between an aircraft and air traffic control. The term includes
24         two different services, ADS-B In and ADS-B Out, that can provide
25         information, such as an aircraft's global positioning system

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                            hb387-01-c1
F   L   O   R   I   D   A     H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




        CS/HB 387                                                                                            2026




26      location, altitude, ground speed, and other data, to ground
27      stations and other aircraft, as well as weather and
28      traffic information to aircraft operators.
29              (c)     "Touch-and-go landing" means an operation by an
30      aircraft that lands and departs on a runway without stopping or
31      exiting the runway.
32              (2)     An airport may not use information broadcast or
33      collected by automatic dependent surveillance broadcast systems,
34      regardless of whether that data originates from ADS-B In or ADS-
35      B Out, as a means for calculating, generating, and collecting
36      fees from aircraft owners or operators who operate aircraft
37      within the geographic boundaries of this state under the
38      following circumstances:
39              (a)     When the operation for which a fee would be assessed
40      is a departure or landing, including, but not limited to, a
41      touch-and-go landing.
42              (b)     When the fee would be assessed based on an aircraft
43      entering into a specified radius of the airspace of the airport
44      assessing the fee.
45              Section 2.         This act shall take effect July 1, 2026.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                         hb387-01-c1
HB 465
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 465                                                          COMPANION BILL: SB 822 (Gruters)
TITLE: Community Association Management                                 LINKED BILLS: None
SPONSOR(S): Nix and Basabe                                              RELATED BILLS: None
Committee References
          Housing, Agriculture & Tourism                                                                 Commerce
                     16 Y, 0 N                                         

SUMMARY
Effect of the Bill:
The bill requires condominium associations, cooperative associations, and homeowners’ associations with total
annual revenues of $500,000 or more to contract with a community association management firm (CAM firm). The
bill requires the same for condominium associations that operate a multicondominium, regardless of the amount of
annual revenue.

The bill clarifies that CAM firms that contract with a condominium association, cooperative association, or
homeowners’ association must possess all applicable licenses. The bill requires each board member and officer of
the foregoing associations to ensure that a CAM or CAM firm is properly licensed before entering into a contract
with that CAM or CAM firm.

Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact on the private sector.
JUMP TO                  SUMMARY                          ANALYSIS                 RELEVANT INFORMATION                     BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
Condominium Associations
The bill requires condominium associations with total annual revenues of $500,000 or more to contract with a
community association management (CAM) firm. The bill clarifies that each board member and officer of a
condominium association has a duty to ensure that a CAM or CAM firm is properly licensed before entering into a
contract with that CAM or CAM firm. (Section 1.)

The bill also requires a condominium association that operates a multicondominium to contract with a CAM firm,
regardless of the amount of annual revenue. The bill specifies that the CAM firm must possess all applicable
licenses required by part VIII of chapter 468, F.S. (Section 2.)

The bill provides that each board member and officer of a condominium association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Sections 1 and 2.)

Cooperative Associations
The bill requires cooperative associations with total annual revenues of $500,000 or more to contract with a CAM
firm. The bill specifies that the CAM firm must possess all applicable licenses required by part VIII of chapter 468,
F.S. (Section 3.)



STORAGE NAME: h0465b.COM
DATE: 2/6/2026
                                                                                                                                             1
                                                                                                           HB 465
The bill provides that each board member and officer of a cooperative association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Section 3.)

Homeowners’ Associations
The bill requires homeowners’ associations with total annual revenues of $500,000 or more to contract with a CAM
firm. The bill specifies that the CAM firm must have all applicable licenses required by part VIII of chapter 468, F.S.
(Section 4.)

The bill provides that each board member and officer of a homeowners’ association that contracts with a CAM or
CAM firm has a duty to ensure that the CAM or CAM firm is properly licensed before entering into a contract with
that CAM or CAM firm. (Section 4.)

Effective Date
The bill has an effective date of January 1, 2027. (Section 5.)

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill will likely increase costs for community associations subject to the bill that do not already contract with a
CAM firm. A request for a formal analysis was submitted to the Department of Business and Professional
Regulation on January 5, 2026.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Associations
A community association is a residential association in which membership is a condition of ownership of a unit in a
planned unit development, or of a lot for a home or a mobile home, or of a townhouse, villa, condominium,
cooperative, or other residential unit which is part of a residential development scheme and which is authorized to
impose a fee which may become a lien on the parcel. 1

The table below summarizes the three major types of community associations recognized in Florida, 2 the Florida
laws that govern them, and the type of ownership specific to each association:

          Community Association                        Ownership Structure                     Governed By
          Condominium Association       “Condominium” means that form of ownership of         Ch. 718, F.S.
                                        real property created pursuant to ch. 718, F.S.,
                                        which is comprised entirely of units that may be
                                        owned by one or more persons, and in which there
                                        is, appurtenant to each unit, an undivided share in
                                        common elements. 3
          Cooperative Association       “Cooperative” means that form of ownership of         Ch. 719, F.S.
                                        real property wherein legal title is vested in a
                                        corporation or other entity and the beneficial use is
                                        evidenced by an ownership interest in the
                                        cooperative association and a lease or other
                                        evidence of title or possession granted by the


1 S. 468.431(1), F.S.
2 Other community associations recognized in Florida include vacation and timeshare plans. See ch. 721, F.S.
3 S. 718.103(12), F.S.

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                                         cooperative association as the owner of all the
                                         cooperative property. 4
          Homeowners’ Association        “Homeowners’ association” means a Florida                    Ch. 720, F.S.
                                         corporation responsible for the operation of a
                                         community or a mobile home subdivision in which
                                         the voting membership is made up of parcel
                                         owners or their agents, or a combination thereof,
                                         and in which membership is a mandatory
                                         condition of parcel ownership, and which is
                                         authorized to impose assessments that, if unpaid,
                                         may become a lien on the parcel. 5

Under Florida law, condominium associations, cooperative associations, and homeowners’ associations with total
revenues of $500,000 or more are required to prepare audited financial statements. 6

Community Association Management
Community association managers (CAMs) and community association management firms (CAM firms) provide
community association management services, which means any of the following practices requiring substantial
specialized knowledge, judgement, and managerial skill when done for pay and when the community
association(s) served contain more than ten units or have an annual budget(s) in excess of $100,000:
    • Controlling or disbursing funds of an association;
    • Preparing budgets or other financial documents for an association;
    • Assisting in the noticing or conduct of association meetings;
    • Determining the number of days required for statutory notices;
    • Determining amounts due to the association;
    • Collecting amounts due to the association before the filing of a civil action;
    • Calculating the votes required for a quorum or to approve a proposition or amendment.;
    • Completing forms related to the management of an association that have been created by statute or by a
        state agency;
    • Drafting meeting notices and agendas;
    • Calculating and preparing certificates of assessment and estoppel certificates;
    • Responding to requests for certificates of assessment and estoppel certificates;
    • Negotiating monetary or performance terms of a contract subject to approval by an association;
    • Drafting pre-arbitration demands;
    • Coordinating or performing maintenance for real or personal property and other related routine services
        involved in the operation of an association; and
    • Complying with an association’s governing documents and the requirements of law as necessary to
        perform any of the above activities.7




4 S. 719.103(12), F.S.
5 S. 720.301(9), F.S. The term “homeowners’ association” does not include a community development district or other similar

special taxing district created pursuant to statute.
6 For condominium associations, see s. 718.111(13)(a)3., F.S. For cooperative associations, see s. 719.104(4)(b)3., F.S. For

homeowners’ associations, see s. 720.303(7)(a)3., F.S.
7 S. 468.431(2), F.S.

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Licensure and Regulation
CAMs and CAM firms are licensed and regulated by the Department of Business and Professional Regulation
(DBPR), and the Regulatory Council of Community Association Managers (Council) within DBPR, pursuant to part
VIII of chapter 468, F.S. 8 The Council is comprised of seven members appointed by the Governor; appointment
must be confirmed by the Senate. 9

A person may not manage (or hold herself or himself out to the public as being able to manage) a community
association in the state unless she or he is licensed by DBPR. 10 Similarly, a CAM firm or other organization
responsible for the management of more than 10 units or an association budget of $100,000 or greater may not
engage (or hold itself out to the public as being able to engage) in the business of community association
management in the state unless it is licensed by DBPR. 11

Under Florida law, a CAM or CAM firm is deemed to act as an agent of a community association when performing
duties within the scope of authority authorized by a written contract with the association or chapter 468, F.S.
Florida law prohibits a CAM or CAM firm from knowingly performing any act directed by a community association
if doing so would violate state or federal law. 12 CAMs and CAM firms must discharge duties authorized to be
performed on behalf of an association:
     • Loyally, skillfully, and diligently;
     • Dealing honestly and fairly;
     • In good faith;
     • With care and full disclosure to the community association;
     • Accounting for all funds; and
     • Not charging unreasonable or excessive fees. 13

Each contract between a community association and a CAM or CAM firm for community management services
must include the following written statement in at least 12-point type, if applicable to the type of management
services provided in the contract: “The community association manager shall abide by all professional standards
and record keeping requirements imposed pursuant to part VIII and chapter 468, Florida Statutes.” 14 Florida law
prohibits a contract between a community association and a CAM or CAM firm from waiving or limiting the
professional practice standards required pursuant to part VIII of chapter 468, F.S. 15

Florida law prohibits DBPR from renewing a CAM or CAM firm’s license until the CAM or CAM firm submits proof
that the CAM or CAM firm has completed the requisite hours of continuing education. 16 The number of continuing
education hours, criteria, and course content requirements are set by the Council by rule. 17

Recent Legislation Affecting CAMs and CAM Firms
The Legislature has enacted legislation in recent years strengthening the regulation of CAMs and CAM firms in
Florida. During the 2024 Regular Session, the Legislature passed CS/CS/CS/HB 1021, 18 which, among other things:
    • Required CAMs and CAM firms to return all community association records within 20 days of the
        termination of a services agreement or a written request for return of the records, whichever occurs first.



8 See ss. 468.432(1) and 468.4315, F.S.
9 S. 468.4315(1), F.S.
10 S. 468.432(1), F.S.
11 S 468.432(2), F.S.
12 S. 468.4334(1)(a), F.S.
13 Id.
14 S. 468.4334(1)(c), F.S.
15 S. 468.4334(1)(d), F.S.
16 S. 468.4337, F.S.
17 Id. For the current continuing education requirements, see R. 61E14-4.001, F.A.C.
18 See ch. 2024-244, Laws of Fla.

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    •   Provided that a CAM or CAM firm that fails to timely return community association records as described
        above is subject to suspension of its license and a fine of $1,000 per day for up to 10 days.
    •   Required CAMs and CAM firms to disclose to the board of a community association any activity that may
        reasonably be construed to be a conflict of interest, created certain other conflict-of-interest disclosure
        requirements, and specified certain grounds for which disciplinary action could be taken.

The Legislature also passed CS/CS HB 1203 19 during the 2024 Regular Session. That bill, among other things,
required CAMs and CAM firms for homeowners’ associations to do all of the following:
   • Attend in person at least one member meeting or board meeting of the homeowners’ association annually.
   • Provide to the members of the homeowners’ association the name and contact information for each CAM or
       representative of a CAM firm assigned to the homeowners’ association, the manager’s or representative’s
       hours of availability, and a summary of the duties for which the manager or representative is responsible.
   • Provide to any member, upon request, a copy of the contract between the CAM or CAM firm and the
       homeowners’ association and include such contract with the association’s official records.
   • Biennially complete at least 5 hours of continuing education that pertains specifically to homeowners’
       associations, 3 hours of which must relate to recordkeeping.

During the 2025 Regular Session, the Legislature passed CS/CS/HB 913, 20 which, among other things:
   • Prohibited a person who has had his or her CAM license revoked from having an ownership interest in, or
       be an employee, partner, officer, director, or trustee of, a CAM firm during the 10-year period after the
       effective date of the revocation.
   • Required CAMs and CAM firms to create and maintain an online licensure account with DBPR, and specified
       certain information that must be included on the online licensure account.
   • Prohibited a contract between a CAM or CAM firm and a community association from waiving or limiting
       the professional practice standards required by Florida law.




19 See ch. 2024-221, Laws of Fla.
20 See ch. 2025-175, Laws of Fla.

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RECENT LEGISLATION:

  YEAR               BILL #/SUBJECT                    HOUSE/SENATE               OTHER INFORMATION
                                                        SPONSOR(S)
  2024    CS/CS/CS/HB 1021 - Community                Lopez, V./ Bradley   Created conflict of interest disclosure
          Associations                                                     requirements for CAMs and CAM
                                                                           firms, and revised certain
                                                                           requirements related to contractual
                                                                           obligations of CAMs and CAM firms to
                                                                           community associations. Approved
                                                                           by Governor.
  2024    CS/CS/HB 1203 - Homeowners'               Esposito, Anderson,    Required certain associations to post
          Associations                                Porras/ Bradley      specified documents online, created
                                                                           continuing education requirements
                                                                           for CAMs and CAM firms, and created
                                                                           certain requirements related to
                                                                           association finances. Approved by
                                                                           Governor.
  2025    CS/CS/HB 913 - Condominium and              Lopez, V./ Bradley   Required CAMs and CAM firms to
          Cooperative Associations                                         create an online licensure account
                                                                           with DBPR, amended conflict of
                                                                           interest provisions, and specified that
                                                                           CAMs and CAM firms that contract
                                                                           with a condominium association
                                                                           must have all applicable licenses.
                                                                           Approved by Governor.


                                            BILL HISTORY
                                                                                STAFF
                                                                              DIRECTOR/            ANALYSIS
COMMITTEE REFERENCE                     ACTION                 DATE          POLICY CHIEF        PREPARED BY
Housing, Agriculture & Tourism          16 Y, 0 N            1/13/2026          Curtin              Fletcher
Subcommittee
Commerce Committee                                                               Hamon              Fletcher




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           HB 465                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to community association management;
    3               amending ss. 718.111, 718.405, 719.106, and 720.303,
    4               F.S.; requiring certain community associations to
    5               contract with a community association management firm;
    6               requiring the community association firm to possess
    7               all applicable licenses; providing that association
    8               board members, officers, and directors have a duty to
    9               ensure such community association firm or community
10                  association manager is properly licensed; providing an
11                  effective date.
12
13         Be It Enacted by the Legislature of the State of Florida:
14
15                  Section 1.        Paragraph (g) of subsection (3) of section
16         718.111, Florida Statutes, is amended to read:
17                  718.111      The association.—
18                  (3)     POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
19         SUE, AND BE SUED; CONFLICT OF INTEREST.—
20                  (g)     If an association contracts with a community
21         association manager or a community association management firm,
22         the community association manager or community association
23         management firm must possess all applicable licenses required by
24         part VIII of chapter 468. An association with total annual
25         revenues of $500,000 or more must contract with a community

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        HB 465                                                                                               2026




26      association management firm. Each board member or officer All
27      board members or officers of an association that contracts with
28      a community association manager or a community association
29      management firm has have a duty to ensure that the community
30      association manager or community association management firm is
31      properly licensed before entering into a contract.
32               Section 2.        Subsection (6) is added to section 718.405,
33      Florida Statutes, to read:
34               718.405      Multicondominiums; multicondominium associations.—
35               (6)     An association operating a multicondominium must
36      contract with a community association management firm. The
37      community association management firm must possess all
38      applicable licenses required by part VIII of chapter 468. Each
39      board member or officer of an association that contracts with a
40      community association manager or a community association
41      management firm has a duty to ensure that the community
42      association manager or community association management firm is
43      properly licensed before entering into a contract.
44               Section 3.        Paragraph (a) of subsection (1) of section
45      719.106, Florida Statutes, is amended to read:
46               719.106      Bylaws; cooperative ownership.—
47               (1)     MANDATORY PROVISIONS.—The bylaws or other cooperative
48      documents shall provide for the following, and if they do not,
49      they shall be deemed to include the following:
50               (a)     Administration.—

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        HB 465                                                                                               2026




51               1.      The form of administration of the association shall be
52      described, indicating the titles of the officers and board of
53      administration and specifying the powers, duties, manner of
54      selection and removal, and compensation, if any, of officers and
55      board members. In the absence of such a provision, the board of
56      administration shall be composed of five members, unless the
57      cooperative has five or fewer units. The board shall consist of
58      not fewer than three members in cooperatives with five or fewer
59      units that are not-for-profit corporations. In a residential
60      cooperative association of more than 10 units, co-owners of a
61      unit may not serve as members of the board of directors at the
62      same time unless the co-owners own more than one unit or unless
63      there are not enough eligible candidates to fill the vacancies
64      on the board at the time of the vacancy. In the absence of
65      provisions to the contrary, the board of administration shall
66      have a president, a secretary, and a treasurer, who shall
67      perform the duties of those offices customarily performed by
68      officers of corporations. Unless prohibited in the bylaws, the
69      board of administration may appoint other officers and grant
70      them those duties it deems appropriate. Unless otherwise
71      provided in the bylaws, the officers shall serve without
72      compensation and at the pleasure of the board. Unless otherwise
73      provided in the bylaws, the members of the board shall serve
74      without compensation.
75               2.      A person who has been suspended or removed by the

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         HB 465                                                                                               2026




76       division under this chapter, or who is delinquent in the payment
77       of any monetary obligation due to the association, is not
78       eligible to be a candidate for board membership and may not be
79       listed on the ballot. A director or officer charged by
80       information or indictment with a felony theft or embezzlement
81       offense involving the association's funds or property is
82       suspended from office. The board shall fill the vacancy
83       according to general law until the end of the period of the
84       suspension or the end of the director's term of office,
85       whichever occurs first. However, if the charges are resolved
86       without a finding of guilt or without acceptance of a plea of
87       guilty or nolo contendere, the director or officer shall be
88       reinstated for any remainder of his or her term of office. A
89       member who has such criminal charges pending may not be
90       appointed or elected to a position as a director or officer. A
91       person who has been convicted of any felony in this state or in
92       any United States District Court, or who has been convicted of
93       any offense in another jurisdiction which would be considered a
94       felony if committed in this state, is not eligible for board
95       membership unless such felon's civil rights have been restored
96       for at least 5 years as of the date such person seeks election
97       to the board. The validity of an action by the board is not
98       affected if it is later determined that a board member is
99       ineligible for board membership due to having been convicted of
100      a felony.

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         HB 465                                                                                               2026




101               3.      When a unit owner files a written inquiry by certified
102      mail with the board of administration, the board shall respond
103      in writing to the unit owner within 30 days of receipt of the
104      inquiry. The board's response shall either give a substantive
105      response to the inquirer, notify the inquirer that a legal
106      opinion has been requested, or notify the inquirer that advice
107      has been requested from the division. If the board requests
108      advice from the division, the board shall, within 10 days of its
109      receipt of the advice, provide in writing a substantive response
110      to the inquirer. If a legal opinion is requested, the board
111      shall, within 60 days after the receipt of the inquiry, provide
112      in writing a substantive response to the inquirer. The failure
113      to provide a substantive response to the inquirer as provided
114      herein precludes the board from recovering attorney's fees and
115      costs in any subsequent litigation, administrative proceeding,
116      or arbitration arising out of the inquiry. The association may,
117      through its board of administration, adopt reasonable rules and
118      regulations regarding the frequency and manner of responding to
119      the unit owners' inquiries, one of which may be that the
120      association is obligated to respond to only one written inquiry
121      per unit in any given 30-day period. In such case, any
122      additional inquiry or inquiries must be responded to in the
123      subsequent 30-day period, or periods, as applicable.
124               4.      An association with total annual revenues of $500,000
125      or more must contract with a community association management

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         HB 465                                                                                               2026




126      firm. The community association management firm must possess all
127      applicable licenses required by part VIII of chapter 468.
128               5.      Each board member or officer of an association that
129      contracts with a              community association manager or a community
130      association management firm has a duty to ensure that the
131      community association manager or community association
132      management firm is properly licensed before entering into a
133      contract.
134               Section 4.        Subsection (1) of section 720.303, Florida
135      Statutes, is amended to read:
136               720.303      Association powers and duties; meetings of board;
137      official records; budgets; financial reporting; association
138      funds; recalls.—
139               (1)      POWERS AND DUTIES.—An association that operates a
140      community as defined in s. 720.301 must be operated by an
141      association that is a Florida corporation. After October 1,
142      1995, the association must be incorporated and the initial
143      governing documents must be recorded in the official records of
144      the county in which the community is located. An association may
145      operate more than one community. An association with total
146      annual revenues of $500,000 or more must contract with a
147      community association management firm. The community association
148      management firm must possess all applicable licenses required by
149      part VIII of chapter 468. The officers and directors of an
150      association are subject to s. 617.0830 and have a fiduciary

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151      relationship to the members who are served by the association.
152      Each officer and director of an association that contracts with
153      a community association manager or a community association
154      management firm has a duty to ensure that the community
155      association manager or community association management firm is
156      properly licensed before entering into a contract. The powers
157      and duties of an association include those set forth in this
158      chapter and, except as expressly limited or restricted in this
159      chapter, those set forth in the governing documents. After
160      control of the association is obtained by members other than the
161      developer, the association may institute, maintain, settle, or
162      appeal actions or hearings in its name on behalf of all members
163      concerning matters of common interest to the members, including,
164      but not limited to, the common areas; roof or structural
165      components of a building, or other improvements for which the
166      association is responsible; mechanical, electrical, or plumbing
167      elements serving an improvement or building for which the
168      association is responsible; representations of the developer
169      pertaining to any existing or proposed commonly used facility;
170      and protest of ad valorem taxes on commonly used facilities. The
171      association may defend actions in eminent domain or bring
172      inverse condemnation actions. Before commencing litigation
173      against any party in the name of the association involving
174      amounts in controversy in excess of $100,000, the association
175      must obtain the affirmative approval of a majority of the voting

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176      interests at a meeting of the membership at which a quorum has
177      been attained. This subsection does not limit any statutory or
178      common-law right of any individual member or class of members to
179      bring any action without participation by the association. A
180      member does not have authority to act for the association by
181      virtue of being a member. An association may have more than one
182      class of members and may issue membership certificates. An
183      association of 15 or fewer parcel owners may enforce only the
184      requirements of those deed restrictions established prior to the
185      purchase of each parcel upon an affected parcel owner or owners.
186               Section 5.        This act shall take effect January 1, 2027.




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                                COMMERCE COMMITTEE

                               HB 465 by Rep. Nix
                         Community Association Management

                                AMENDMENT SUMMARY
                                  February 10, 2026

Amendment #064163 by Rep. Nix (Lines 25, 124, and 146): The amendment provides that
community associations with total annual revenues of $750,000 or more, rather than $500,000
or more, are subject to the bill’s requirements to hire a community association management
(CAM) firm.

Amendment #438865 by Rep. Nix (Line 185): The amendment:
  • Clarifies that timeshare management firms and CAMs employed by a timeshare
     management firm are governed by the Florida Vacation Plan and Timesharing Act
     (Timeshare Act) and are only subject to Florida’s laws governing the licensure and
     regulation of CAMs and CAM firms.
  • Provides that, if a timeshare management firm or a CAM employed by a timeshare
     management firm also manages other accommodations that are not part of a timeshare
     plan, then the management of those other accommodations are governed by Florida’s
     laws relating to the regulation of CAMs and CAM firms.
  • Specifies that the provisions of the Timeshare Act prevail in the event of a conflict
     between the Timeshare Act and Florida’s laws relating to the regulation of CAMs and
     CAM firms.

Amendment #829213 by Rep. Porras (Line 14): The amendment:
  • Requires a CAM or CAM firm to obtain an errors or omissions insurance policy with a
     minimum combined single limit of $1 million prior to contracting with a community
     association.
  • Provides that a CAM’s license shall be immediately revoked upon being convicted or
     entering a plea of nolo contendere to certain felonies, and shall be permanently barred
     from any future CAM licensure.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 465   (2026)
       Amendment No.




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


 1     Committee/Subcommittee hearing bill:       Commerce Committee
 2     Representative Nix offered the following:
 3
 4          Amendment
 5          Remove line 25 and insert:
 6     revenues of $750,000 or more must contract with a community
 7
 8          Remove line 124 and insert:
 9          4. An association with total annual revenues of $750,000
10
11          Remove line 146 and insert:
12     annual revenues of $750,000 or more must contract with a




     064163 - h0465-line25.docx
      Published On: 2/6/2026 4:47:04 PM
                                     Page 1 of 1
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 465   (2026)
       Amendment No.




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


1      Committee/Subcommittee hearing bill:     Commerce Committee
2      Representative Nix offered the following:
3
4           Amendment (with title amendment)
5           Between lines 185 and 186, insert:
6           Section 5.   Subsection (2) of section 721.03, Florida
7      Statutes, is amended to read:
8           721.03   Scope of chapter.—
 9          (2)(a) When a timeshare plan is subject to both the
10     provisions of this chapter and the provisions of chapter 718 or
11     chapter 719, the plan shall meet the requirements of both
12     chapters unless exempted as provided in this section. The
13     division shall have the authority to adopt rules differentiating
14     between timeshare condominiums and nontimeshare condominiums,
15     and between timeshare cooperatives and nontimeshare
16     cooperatives, in the interpretation and implementation of
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 465   (2026)
       Amendment No.


17     chapters 718 and 719, respectively. In the event of a conflict
18     between the provisions of this chapter and the provisions of
19     chapter 718 or chapter 719, the provisions of this chapter shall
20     prevail.
21          (b)     A timeshare management firm, or an individual licensed
22     under part VIII of chapter 468 who is employed by a timeshare
23     management firm, is governed by this chapter and is only subject
24     to the licensing and disciplinary requirements of chapter 468
25     pursuant to s. 721.13(13)(c)2.
26          Section 6.    Paragraph (c) of subsection (13) of section
27     721.13, Florida Statutes, is amended to read:
28          721.13    Management.—
29          (13)
30          (c)1.    If a timeshare management firm or an owners'
31     association provides goods or services through a parent,
32     affiliate, or subsidiary of the timeshare management firm, the
33     fact that a related party is providing goods or services must be
34     disclosed annually to the members of that owners' association in
35     any of the following ways:
36          a.    As an explanatory note to the annual budget pursuant to
37     subparagraph (3)(c)1.;
38          b.    In the management contract;
39          c.    By mail sent to each owner's address on file for
40     providing notice;


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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 465     (2026)
       Amendment No.


41          d.    In the notice of an annual or special meeting of the
42     owners;
43          e.    By posting notice on the website of the applicable
44     timeshare plan; or
45          f.    By any owner communication used by the managing entity.
46          2.a. A timeshare management firm and any individual
47     licensed under part VIII of chapter 468 employed by the
48     timeshare management firm are governed by this section and s.
49     468.438.
50          b.    Unless a provision of part VIII of chapter 468 is made
51     expressly applicable to a timeshare management firm, or to an
52     individual licensed under part VIII of chapter 468 who is
53     employed by a timeshare management firm, such timeshare
54     management firm, or such individual licensee, is governed by
55     this chapter and is only subject to the licensing and
56     disciplinary requirements of chapter 468.
57          c.    If a timeshare management firm or individual licensee
58     described in subparagraph b. also manages other accommodations
59     that are not part of a timeshare plan, the provisions of
60     subparagraph b. shall not apply to the community association
61     management of such other accommodations, which management shall
62     be fully governed by part VIII of chapter 468.
63          d.    In the event of a conflict between the provisions of
64     this chapter and the provisions of chapter 468, the provisions
65     of this chapter shall prevail.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 465   (2026)
       Amendment No.


66          Section 7.   Paragraph (d) is added to subsection (4) of
67     section 721.14, Florida Statutes, to read:
68          721.14   Discharge of managing entity.—
69          (4)
70          (d)   Timeshare plans are governed by this section and not
71     by s. 468.4334(4).
72
73           -----------------------------------------------------
74                          T I T L E   A M E N D M E N T
75          Remove line 10 and insert:
76          association manager is property licensed; amending ss.
77          721.03, 721.13, and 721.14, F.S.; clarifying the
78          applicability of certain laws to timeshare management
79          firms and community association managers who are
80          employed by timeshare management firms; providing an




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                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 465   (2026)
       Amendment No.




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Porras offered the following:
3
4           Amendment (with title amendment)
5           Between lines 14 and 15, insert:
6           Section 1.    Subsection (4) is added to section 468.432,
7      Florida Statutes, to read:
8           468.432    Licensure of community association managers and
9      community association management firms; exceptions.—
10          (4)    A community association manager or community
11     association management firm, prior to contracting with or being
12     employed by a homeowners’ association, condominium association,
13     or cooperative association, must obtain coverage under an errors
14     or omissions insurance policy with a minimum combined single
15     limit of $1 million, separate from any insurance coverage
16     provided by the association.
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 465   (2026)
       Amendment No.


17          Section 2.    Subsection (6) is added to section 468.436,
18     Florida Statutes, to read:
19          468.436    Disciplinary proceedings.—
20          (6)   If a community association manager is convicted of or
21     enters a plea nolo contendere to, regardless of adjudication, in
22     any jurisdiction, a felony of the first degree, a capital
23     felony, a felony involving money laundering, or a felony
24     involving theft or embezzlement, the community association
25     manager's license, issued pursuant to this part, shall be
26     immediately revoked by the department and the community
27     association manager shall be permanently barred from licensure
28     under this part.
29
30           -----------------------------------------------------
31                         T I T L E   A M E N D M E N T
32          Between lines 2 and 3, insert:
33          amending s. 468.432, F.S.; providing certain insurance
34          requirements; amending s. 468.436, F.S.; providing
35          disciplinary procedures;




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CS/HB 679
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 679                                                       COMPANION BILL: SB 696 (Martin)
TITLE: Registration of Trademarks                                       LINKED BILLS: None
SPONSOR(S): Greco                                                       RELATED BILLS: SB 476 (Martin)
Committee References
    Industries & Professional                          Transportation & Economic                                     Commerce
            Activities                                   Development Budget                     
         15 Y, 0 N, As CS                                      13 Y, 0 N

SUMMARY
Effect of the Bill:
The bill:
    • Mandates that the Florida Department of State (DOS) use the United States Patent and Trademark Office’s
        schedule of classes of goods and services as the state’s classification for trademark purposes, rather than
        the general classes for trademarks for goods and services set in statute.
    • Directs DOS to establish a website where an applicant can apply for a trademark or renew a trademark and
        provides that the website must safeguard the applicant’s information to ensure data integrity.
    • Requires the submittal of an electronic trademark specimen with an online application.

Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on state expenditures; however, any costs associated
with establishing a website to accept electronic trademark specimens and applications are expected to be minimal
and absorbed within existing department resources.


JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill requires the Department of State (DOS) to utilize the goods and services trademark classification schedule
set by the United States Patent and Trademark Office as the state’s classification. The bill repeals the current
general classes of trademarks for goods and services set in statute. (Section 1)

The bill requires DOS to establish a website for electronic trademark registration, and that applicants provide an
electronic version of the trademark specimen when applying for state trademark registration. Currently,
trademark registration is only available through a printed application mailed to the Division of Corporations
within the DOS. 1 DOS must make the online application available by July 1, 2027. The bill specifies that the website
must safeguard the applicant’s information to ensure data integrity. (Section 2)

The bill adds a requirement that document verification must be made in accordance with the state law for
verification of documents and that electronic signatures may be accepted. It also requires every online application
to be accompanied by an electronic copy of a specimen, complying with the requirements of DOS, showing the
mark as actually used. (Section 3)

The bill has an effective date of July 1, 2026. (Section 4)


1 DOS, Trademark and Service Mark - Division of Corporations - Florida Department of State, (last visited Feb. 5, 2026.)

STORAGE NAME: h0679d.COM
DATE: 2/7/2026
                                                                                                                                             1
                                                                                                                 CS/HB 679

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill creates new responsibilities for DOS. On February 3, 2026, DOS reported that estimated costs for
implementation of these provisions could be between $560,000 and $845,000. 2 Based on a review of historical
budget reversions, there should be resources available within the department’s budget to absorb these costs
within existing resources.

PRIVATE SECTOR:
The fiscal impact on the private sector is indeterminate; however, any costs to Florida businesses are expected to
be minimal. Businesses may need to make minor adjustments to comply with the updated trademark classification
system and the new electronic application process, but these costs are expected to be insignificant. 3

RELEVANT INFORMATION
SUBJECT OVERVIEW:
TRADEMARK:
A trademark is any word, name, symbol, or device, or any combination thereof, used by a person to identify and
distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and
to indicate the source of the goods, even if the source is unknown. 4 Trademarks for goods and services are sorted
into classes. The classifications are broad categories which allow the goods or services to be organized and located
in database searches. 5

A person is a trademark owner as soon as he or she begins to use the trademark. However, registering a trademark
provides broader rights and protections to the trademark holder. 6 A person can register their trademark with
either the United States Patent and Trademark Office for a federal trademark registration or the Florida
Department of State (DOS) for a Florida trademark registration or both. Both federal and state registration
requires classification, and the international classification of goods and services is the controlling classification
system. The classification of goods and services is currently set in Florida statutes 7; however, the Nice Agreement
which sets the international class headings and is utilized by the United States Patent and Trademark Office, is
updated regularly. 8

REGISTRATION:
While trademark owners who do not register their trademarks still have common law rights to the trademark, the
benefits of trademark registration include public notice of registration, the legal presumption of ownership and
right to use, and the right to bring a lawsuit to enforce trademark protections. 9

NICE AGREEMENT:
The Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the
Registration of Marks is a treaty signed in 1957 10 establishing the Nice Classification which is an international

2 DOS, Agency Analysis of 2026 House Bill 679, p. 3 (February 3, 2026).
3 Id.
4 S. 495.011(13) F.S.
5 United States Patent and Trademark Office, Goods and services | USPTO, (last visited Dec. 23, 2025).
6 United States Patent and Trademark Office, What is a trademark? | USPTO, (last visited Dec. 23, 2025).
7 S. 495.111(1), F.S.
8 United States Patent and Trademark Office, Nice Agreement current edition version - general remarks, class headings and

explanatory notes | USPTO, (last visited Feb. 3, 2026).
9 United States Patent and Trademark Office, Why register your trademark? | USPTO, (last visited Feb. 3, 2026).
10 World Intellectual Property Organization, Nice Agreement Concerning the International Classification of Goods and Services

for the Purposes of the Registration of Marks, (last visited Feb. 3, 2026).
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                                                                                                                            2
                                                                                                             CS/HB 679
classification of goods and services applied for the registration of marks. A new edition is published every five
years with a new version of each addition published annually. 11 The Committee of Experts of the Nice Union sets
the classification, and the World Intellectual Property Organization publishes the Nice Classification on its
website. 12 The United States has been using this classification system since 1973. It is codified in 37 CFR § 6.1.

FLORIDA TRADEMARK REGISTRATION:
In Florida, ch. 495, F.S., governs the intrastate use of trademarks in Florida, the registration of which is overseen by
the Division of Corporations (Division) within DOS. Registering a trademark in the state gives an owner greater
rights over its use. There are currently 18,307 active trademark or service mark registrations in Florida. 13

To register for a trademark, 14 an applicant 15 must mail a paper application to the Division, which must include:
    • The name, address, and if applicable, place of incorporation.
    • An explanation of how the trademark will be used in connection with goods and services.
    • The class(es) under which the goods or services fall—such classes are detailed in s. 495.111, F.S.
    • The date the trademark was first used, along with other details of the history of the trademark’s use.
    • A statement that the applicant is the owner of the trademark, the trademark is in use, and that no other
        entity or person has registered the trademark or has the right to use the trademark in Florida. 16

The Division may require the applicant to provide additional information or amend the application as needed. 17
Furthermore, the applicant must sign the application form before a Notary Public to comply with the statutory
requirement that the application be “signed and verified.” 18

RECENT CHANGES AND RECOMMENDATIONS:
In 2019, Florida law was updated to conform the state’s classifications for trademark goods and services to the 11th
edition of the Nice Classification; 19 however, international standards are updated often, making Florida law out of
date already. 20 The Florida Bar Business Law Section has proposed amendments to Florida law to align the state
trademark registration system with national and international standards without needing to enact technical
amendments each year that ministerial updates are made on the national level. 21 Additionally, the Florida Bar
Business Law Section recommended an online application to modernize the registration system and ensure timely
applications. 22




11 World Intellectual Property Organization, Nice Classification, (last visited Feb. 3, 2026).
12 United States Patent and Trademark Office, Nice Agreement current edition version - general remarks, class headings and

explanatory notes | USPTO, (last visited Dec. 23, 2025).
13 Department of State Division of Corporations, Yearly Statistics, available at https://dos.fl.gov/sunbiz/about-us/yearly-

statistics/ (last visited Feb. 3, 2026).
14 “Trademark” means any word, name, symbol, or device, or any combination thereof, used by a person to identify and

distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate
the source of the goods, even if the source is unknown. S. 495.011, F.S.
15 “Applicant” means the person filing an application for registration of a mark under this chapter and the legal

representatives, successors, or assigns of such person. S. 495.011, F.S.
16 S. 495.031, F.S.
17 S. 495.035, F.S.
18 Id.
19 See s. 495.111, F.S.; see also Fla. SB 198 (2019).
20 Florida Bar Business Law Section, Trademark Modernization Amendments Act of 2026 White Paper, available at

https://flabizlaw.org/wp-content/uploads/2025/06/2026-Trademark-Draft-Bill-White-Paper-for-Circulation-1.pdf (last
visited Jan. 12, 2026).
21 Id.
22 Id.

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                                                                                                                              CS/HB 679
                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                     DATE              POLICY CHIEF           PREPARED BY
Industries & Professional Activities             15 Y, 0 N, As CS            1/14/2026              Anstead                Miralia
Subcommittee
THE CHANGES ADOPTED BY THE                      •   Clarified that DOS must utilize the international schedule of classes of
COMMITTEE:                                          goods and services as set by 37 CFR §6.1, as amended.
                                                •   Added language stating that electronic signatures can be utilized for
                                                    applications.
Transportation & Economic                           13 Y, 0 N           1/29/2026             Davis             Andeara
Development Budget
Subcommittee
Commerce Committee                                                                                   Hamon                   Miralia


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




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           CS/HB 679                                                                                            2026




    1                                         A bill to be entitled
    2              An act relating to registration of trademarks;
    3              amending s. 495.111, F.S.; removing provisions
    4              relating to the classification of goods and services
    5              for trademark purposes; requiring the Department of
    6              State to use the international schedule of classes of
    7              goods and services; creating s. 495.0315, F.S.;
    8              requiring the department to establish and maintain a
    9              secure Internet website that allows submission of an
10                 online trademark registration application and renewal
11                 application; providing website requirements; requiring
12                 the department to make the online application system
13                 available by a specified date; amending s. 495.031,
14                 F.S.; providing online application requirements;
15                 providing an effective date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                 Section 1.         Subsection (1) of section 495.111, Florida
20         Statutes, is amended to read:
21                 495.111       Classification.—
22                 (1)     The department shall use the international schedule of
23         classes of goods and services as set forth in 37 C.F.R. s. 6.1,
24         as amended, as the state classification system for trademarks.
25         The following general classes of goods and services, conforming

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        CS/HB 679                                                                                            2026




26      to the classification adopted by the United States Patent and
27      Trademark Office, are established for convenience of
28      administration of this chapter:
29              (a)      Goods:
30              1.      Class 1       Chemicals for use in industry, science and
31      photography, as well as in agriculture, horticulture and
32      forestry; unprocessed artificial resins, unprocessed plastics;
33      fire extinguishing and fire prevention compositions; tempering
34      and soldering preparations; substances for tanning animal skins
35      and hides; adhesives for use in industry; putties and other
36      paste fillers; compost, manures, fertilizers; biological
37      preparations for use in industry and science.
38              2.      Class 2       Paints, varnishes, lacquers; preservatives
39      against rust and against deterioration of wood; colorants, dyes;
40      inks for printing, marking and engraving; raw natural resins;
41      metals in foil and powder form for use in painting, decorating,
42      printing and art.
43              3.      Class 3       Non-medicated cosmetics and toiletry
44      preparations; non-medicated dentifrices; perfumery, essential
45      oils; bleaching preparations and other substances for laundry
46      use; cleaning, polishing, scouring and abrasive preparations.
47              4.      Class 4       Industrial oils and greases, wax; lubricants;
48      dust absorbing, wetting and binding compositions; fuels and
49      illuminants; candles and wicks for lighting.
50              5.      Class 5       Pharmaceuticals, medical and veterinary

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        CS/HB 679                                                                                            2026




51      preparations; sanitary preparations for medical purposes;
52      dietetic food and substances adapted for medical or veterinary
53      use, food for babies; dietary supplements for humans and
54      animals; plasters, materials for dressings; material for
55      stopping teeth, dental wax; disinfectants; preparations for
56      destroying vermin; fungicides, herbicides.
57              6.      Class 6       Common metals and their alloys, ores; metal
58      materials for building and construction; transportable buildings
59      of metal; non-electric cables and wires of common metal; small
60      items of metal hardware; metal containers for storage or
61      transport; safes.
62              7.      Class 7       Machines, machine tools, power-operated tools;
63      motors and engines, except for land vehicles; machine coupling
64      and transmission components, except for land vehicles;
65      agricultural implements, other than hand-operated hand tools;
66      incubators for eggs; automatic vending machines.
67              8.      Class 8       Hand tools and implements, hand-operated;
68      cutlery; side arms, except firearms; razors.
69              9.      Class 9       Scientific, nautical, surveying, photographic,
70      cinematographic, optical, weighing, measuring, signaling,
71      checking (supervision), life-saving and teaching apparatus and
72      instruments; apparatus and instruments for conducting,
73      switching, transforming, accumulating, regulating or controlling
74      electricity; apparatus for recording, transmission or
75      reproduction of sound or images; magnetic data carriers,

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         CS/HB 679                                                                                            2026




76       recording discs; compact discs, DVDs and other digital recording
77       media; mechanisms for coin-operated apparatus; cash registers,
78       calculating machines, data processing equipment, computers;
79       computer software; fire-extinguishing apparatus.
80               10.     Class 10          Surgical, medical, dental and veterinary
81       apparatus and instruments; artificial limbs, eyes and teeth;
82       orthopaedic articles; suture materials; therapeutic and
83       assistive devices adapted for the disabled; massage apparatus;
84       apparatus, devices and articles for nursing infants; sexual
85       activity apparatus, devices and articles.
86               11.     Class 11          Apparatus for lighting, heating, steam
87       generating, cooking, refrigerating, drying, ventilating, water
88       supply and sanitary purposes.
89               12.     Class 12          Vehicles; apparatus for locomotion by land,
90       air or water.
91               13.     Class 13          Firearms; ammunition and projectiles;
92       explosives; fireworks.
93               14.     Class 14          Precious metals and their alloys; jewellery,
94       precious and semi-precious stones; horological and chronometric
95       instruments.
96               15.     Class 15          Musical instruments.
97               16.     Class 16          Paper and cardboard; printed matter;
98       bookbinding material; photographs; stationery and office
99       requisites, except furniture; adhesives for stationery or
100      household purposes; drawing materials and materials for artists;

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         CS/HB 679                                                                                            2026




101      paintbrushes; instructional and teaching materials; plastic
102      sheets, films and bags for wrapping and packaging; printers'
103      type, printing blocks.
104              17.     Class 17          Unprocessed and semi-processed rubber,
105      gutta-percha, gum, asbestos, mica and substitutes for all these
106      materials; plastics and resins in extruded form for use in
107      manufacture; packing, stopping and insulating materials;
108      flexible pipes, tubes and hoses, not of metal.
109              18.     Class 18          Leather and imitations of leather; animal
110      skins and hides; luggage and carrying bags; umbrellas and
111      parasols; walking sticks; whips, harness and saddlery; collars,
112      leashes and clothing for animals.
113              19.     Class 19          Building materials (non-metallic); non-
114      metallic rigid pipes for building; asphalt, pitch and bitumen;
115      non-metallic transportable buildings; monuments, not of metal.
116              20.     Class 20          Furniture, mirrors, picture frames;
117      containers, not of metal, for storage or transport; unworked or
118      semi-worked bone, horn, whalebone or mother-of-pearl; shells;
119      meerschaum; yellow amber.
120              21.     Class 21          Household or kitchen utensils and
121      containers; cookware and tableware, except forks, knives and
122      spoons; combs and sponges; brushes, except paintbrushes; brush-
123      making materials; articles for cleaning purposes; unworked or
124      semi-worked glass, except building glass; glassware, porcelain
125      and earthenware.

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         CS/HB 679                                                                                            2026




126              22.     Class 22          Ropes and string; nets; tents and
127      tarpaulins; awnings of textile or synthetic materials; sails;
128      sacks for the transport and storage of materials in bulk;
129      padding, cushioning and stuffing materials, except of paper,
130      cardboard, rubber or plastics; raw fibrous textile materials and
131      substitutes therefor.
132              23.     Class 23          Yarns and threads, for textile use.
133              24.     Class 24          Textiles and substitutes for textiles;
134      household linen; curtains of textile or plastic.
135              25.     Class 25          Clothing, footwear, headgear.
136              26.     Class 26          Lace and embroidery, ribbons and braid;
137      buttons, hooks and eyes, pins and needles; artificial flowers;
138      hair decorations; false hair.
139              27.     Class 27          Carpets, rugs, mats and matting, linoleum
140      and other materials for covering existing floors; wall hangings
141      (non-textile).
142              28.     Class 28          Games, toys and playthings; video game
143      apparatus; gymnastic and sporting articles; decorations for
144      Christmas trees.
145              29.     Class 29          Meat, fish, poultry and game; meat extracts;
146      preserved, frozen, dried and cooked fruits and vegetables;
147      jellies, jams, compotes; eggs; milk and milk products; oils and
148      fats for food.
149              30.     Class 30          Coffee, tea, cocoa and artificial coffee;
150      rice; tapioca and sago; flour and preparations made from

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         CS/HB 679                                                                                            2026




151      cereals; bread, pastries and confectionery; edible ices; sugar,
152      honey, treacle; yeast, baking-powder; salt; mustard; vinegar,
153      sauces (condiments); spices; ice (frozen water).
154              31.      Class 31         Raw and unprocessed agricultural,
155      aquacultural, horticultural and forestry products; raw and
156      unprocessed grains and seeds; fresh fruits and vegetables, fresh
157      herbs; natural plants and flowers; bulbs, seedlings and seeds
158      for planting; live animals; foodstuffs and beverages for
159      animals; malt.
160              32.      Class 32         Beers; mineral and aerated waters and other
161      non-alcoholic beverages; fruit beverages and fruit juices;
162      syrups and other preparations for making beverages.
163              33.      Class 33         Alcoholic beverages (except beers).
164              34.      Class 34         Tobacco; smokers' articles; matches.
165              (b)      Services:
166              1.      Class 35      Advertising; business management; business
167      administration; office functions.
168              2.      Class 36      Insurance; financial affairs; monetary
169      affairs; real estate affairs.
170              3.      Class 37      Building construction; repair; installation
171      services.
172              4.      Class 38      Telecommunications.
173              5.      Class 39      Transport; packaging and storage of goods;
174      travel arrangement.
175              6.      Class 40      Treatment of materials.

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         CS/HB 679                                                                                            2026




176              7.      Class 41       Education; providing of training;
177      entertainment; sporting and cultural activities.
178              8.      Class 42       Scientific and technological services and
179      research and design relating thereto; industrial analysis and
180      research services; design and development of computer hardware
181      and software.
182              9.      Class 43       Services for providing food and drink;
183      temporary accommodation.
184              10.      Class 44         Medical services; veterinary services;
185      hygienic and beauty care for human beings or animals;
186      agriculture, horticulture and forestry services.
187              11.      Class 45         Legal services; security services for the
188      physical protection of tangible property and individuals;
189      personal and social services rendered by others to meet the
190      needs of individuals.
191              (c)      Certification and collective membership marks:
192              1.      Class 200         Collective membership marks.
193              2.      Class A       Certification marks for goods.
194              3.      Class B       Certification marks for services.
195              (d)      The goods and services recited in collective trademark
196      and collective service mark applications are assigned to the
197      same classes that are appropriate for those goods and services
198      in general.
199              Section 2.         Section 495.0315, Florida Statutes, is created
200      to read:

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         CS/HB 679                                                                                            2026




201              495.0315          Online application for registration.—
202              (1)     The department shall establish and maintain a secure
203      Internet website that allows an applicant to submit an online
204      trademark registration application in accordance with ss.
205      495.031 and 495.035 and a renewal application in accordance with
206      s. 495.071. The website must safeguard the applicant's
207      information to ensure data integrity and allow the applicant to:
208              (a)     Provide an electronic version of a required specimen
209      of use.
210              (b)     Provide an electronic version of a drawing of the
211      mark.
212              (c)     Pay the fee required by s. 495.191.
213              (d)     Complete the verification required by s. 495.031(5).
214              (2)     The department shall make the online application
215      system required by this section available no later than July 1,
216      2027.
217              Section 3.         Subsections (5) and (6) of section 495.031,
218      Florida Statutes, are amended to read:
219              495.031       Application for registration.—
220              (5)     Every application under this section shall be signed
221      and verified by the applicant or by a member of the firm or an
222      officer or other authorized representative of the business
223      entity applying. Verification must be made in accordance with s.
224      92.525 and may be accomplished electronically in compliance with
225      ss. 668.001-668.006.

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         CS/HB 679                                                                                            2026




226              (6)     Every paper application under this section shall be
227      accompanied by three specimens or facsimiles showing the mark as
228      actually used. Every online application under this section must
229      be accompanied by an electronic copy of a specimen, complying
230      with the requirements of the department, showing the mark as
231      actually used.
232              Section 4.         This act shall take effect July 1, 2026.




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                              COMMERCE COMMITTEE

                              CS/HB 679 by Rep. Greco
                             Registration of Trademarks

                               AMENDMENT SUMMARY
                                 February 10, 2026

Amendment #427833 by Rep. Greco (lines 215-216):
 • Extends the date by which the Department of State must make the online application
   system available to December 31, 2027.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 679   (2026)
      Amendment No.




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


1     Committee/Subcommittee hearing bill:       Commerce Committee
2     Representative Greco offered the following:
3
4          Amendment
5          Remove lines 215-216 and insert:
6     system required by this section available no later than December
7     31, 2027.




    427833 - h0679-line215.docx
     Published On: 2/9/2026 10:38:33 AM
                                    Page 1 of 1
HB 767
                                    FLORIDA HOUSE OF REPRESENTATIVES
                                              BILL ANALYSIS
      This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 767                                                         COMPANION BILL: SB 832 (Avila)
TITLE: Residential Property Insurance                                  LINKED BILLS: None
SPONSOR(S): Benarroch                                                  RELATED BILLS: None
Committee References
      Insurance & Banking                            State Administration Budget                                    Commerce
            17 Y, 0 N                                        11 Y, 0 N                         

SUMMARY
Effect of the Bill:
The bill requires property insurers seeking a rate change to prepare a rate transparency report with information in
plain language that helps consumers have a better understanding of insurance. The report must be included with
any offer of coverage and upon policy renewal. It must include a graphic breakdown of the factors affecting the
insurance rate, including the cost of reinsurance, the cost of claims, and profits.

The bill requires the Office of Insurance Regulation (OIR) to create a resource center on its website to help
consumers understand insurance. It must include, among other things, information on the dynamics of the
insurance market, the claims process, consumer protection, disaster preparedness, and on the insurance coverage
choices available to consumers.

The bill provides that the statewide average requested rate change and final approved statewide average rate
change in a filing, as well as the county rating examples submitted to OIR through the rate collection system for the
purpose of displaying rates on its website, are not a trade secret.

The bill provides that when establishing the coverage amount or adjudicating a claim for a dwelling or other
structure under a homeowners’ insurance policy, an insurer may not include the value of the land on which the
dwelling or structure is located.

Fiscal or Economic Impact:
The bill results in no additional cost to OIR but may have an indeterminate fiscal impact on the private sector.
I
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ANALYSIS
EFFECT OF THE BILL:
The bill requires insurers seeking a rate change for residential property coverage after October 1, 2026, to prepare
a rate transparency report. The Office of Insurance Regulation (OIR) may accept the rate transparency report.
However, if OIR finds that the report does not provide the information in concise and plain language that aids
consumers in their understanding of insurance or finds the report to be misleading, OIR must return the report to
the property insurer for modification. (Section 1).

OIR’s acceptance of the rate transparency report that accompanies a rate filing is not considered an approval of the
request for a rate change. (Section 1).

The report must follow a standard format set by the Financial Services Commission (FSC) and must include a
graphic breakdown of the factors that affect the insurer’s rate. The report must be included with any offer of

STORAGE NAME: h0767d.COM
DATE: 2/6/2026
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coverage and upon policy renewal to the insured. If the report has not been accepted for use or modified in
accordance with OIR’s direction, the report must indicate that it is preliminary and subject to modification by the
insurer. The report must include the following factors, which must add up to 100 percent:
    • the percentage of the total rate factor associated with the cost of reinsurance;
    • the percentage of the total rate factor associated with the cost of claims;
    • the percentage of the total rate factor associated with the defense containment and costs;
    • the percentage of the total rate factor associated with fees and commissions;
    • the percentage of the rate factor associated with profit and contingency of the insurer; and
    • any other categories deemed necessary by OIR or the FSC. (Section 1).

A rate transparency report must also include the following information:
    • any major adverse findings by OIR within the previous three calendar years;
    • whether the insurer uses affiliated entities to perform functions of the insurer;
    • contact information for the Division of Consumer Services within the Department of Financial Services
        (DFS);
    • contact information for OIR;
    • the address for OIR’s website with public access to rate filing information;
    • any changes to the total insured value from the last policy period. (Section 1).

The bill requires OIR to define the terms in the transparency report in concise and plain language to help
consumers understand insurance better. (Section 1).

The bill requires OIR to create a resource center on its website to help consumers understand insurance. It must
include:
    • Reports, using graphic information whenever possible, outlining information about the state of the market
        and the adverse and positive trends affecting it.
    • Tools that aid consumers in finding insurers, including a list of all insurers in the state and their contact
        information.
    • Tools that aid consumers in selecting coverages beneficial to them including:
            o educational materials that explain the types of coverage in residential property insurance coverage;
            o the difference between replacement cost reimbursement and actual cash value reimbursement;
            o a glossary of common terms used in insurance policies;
            o a comparison of the coverage, terms, conditions, and exclusions contained in different homeowners’
                and dwelling fire forms; and
            o answers to commonly asked questions about residential property insurance coverage.
    • Information about available mitigation credits and discounts and the My Safe Florida Home Program.
    • Access to the rate transparency report, annual statements, market conduct information, and other
        Information related to each insurer.
    • Information on the Citizens Property Insurance Corporation take-out process 1, the clearinghouse 2, and
        general information as reported by OIR.
    • Information on the claims process, including:
            o clear, step-by-step guidance on how to file a claim, what to expect during the claim process, and
                timelines for resolution of a claim;
            o the obligations of insurers and insureds related to claim reporting, claim handling, communications
                regarding claims, claim investigations, claim decisions, and claim payments; and



1 The take-out process allows authorized private market property insurers to select Citizens’ policies for the purpose of

offering coverage. See s. 627.351, F.S.
2 The clearinghouse program is designed to confirm eligibility for coverage through Citizens. New and renewal personal lines

residential policies for Citizens are placed into the clearinghouse where participating private insurers can review and decide
to make offers of coverage before policies are placed or renewed with Citizens. See s. 627.3518, F.S.
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             o  for each insurer with active policies in the state, the means by which to report a claim, including
                telephone numbers, e-mail addresses, or website addresses the insured can use to report a claim.
    •   Information on consumer protection, including:
            o the rights of insureds under Florida law related to coverage, coverage renewals, nonrenewals, and
                cancellations, and mandated offers of coverage; and
            o information on how to file a complaint with the Division of Consumer Services at DFS.
    •   Information on news and updates relevant to consumers regarding the residential property insurance
        market, including regulatory changes, information on insurers that enter or exit the market, and industry
        trends.
    •   Information on disaster preparedness directly related to insurance, prepared by OIR or the Division of
        Emergency Management.
    •   For any residential property rate filing: whether the insurer uses affiliated entities to perform
        administrative, claims handling, or other functions of the insurer, and if so, the total percentage of direct
        written premium paid to the affiliated entities by the insurer in the preceding calendar year. (Section 1).

The bill provides that the statewide average requested rate change and final approved statewide average rate
change within a filing is not a trade secret and is not subject to the public records exemption for trade secrets
provided in Florida’s public records law or in the Florida Insurance Code. Additionally, the bill provides that the
county rating examples submitted to OIR through the rate collection system for purpose of displaying rates on
OIR’s website is not a trade secret and thus not subject to the public records exemptions. (Section 1).

The bill provides that when establishing the coverage amount or adjusting a claim for a dwelling or other structure
under a homeowner’s insurance policy, an insurer may not include the value of the land on which such dwelling or
structure is located. This provision may not be construed to permit inclusion of the value of land for dwellings or
structures located on the shoreline, surrounded in whole or in part by a body of water, or on land formed or
altered by erosion or accretion. (Section 2).

The bill provides an effective date of July 1, 2026. (Section 4).

RULEMAKING:
The bill requires the Financial Services Commission to prescribe a format for the rate transparency report required
by the bill.

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
OIR may need to make information technology modifications to implement the bill, however, these changes can be
handled within existing resources. 3

PRIVATE SECTOR:
There may be an indeterminate fiscal impact on the private sector to the extent that it requires insurers to print
the rate transparency report and issue it to consumers when coverage is offered and when a policy is renewed.




3 OIR, Agency Analysis of 2026 Senate Bill 832, p. #6 (Jan. 5, 2026).

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                                                                                                                   HB 767
RELEVANT INFORMATION
SUBJECT OVERVIEW:
CHOICES Website
OIR has an existing rate comparison tool on its website entitled “CHOICES” that provides consumers with rate
information for various types of insurance. The CHOICES homeowner’s rate comparison tool provides sample
average rates for a variety of companies writing insurance in each county, in addition to rates for Citizens Property
Insurance Corporation. 4

The rates provided in the CHOICES system are for illustrative purposes only. The website encourages consumers to
contact either an insurance agent or the insurance company for a premium quote based on individual
circumstances. Rates for insurers that submitted data as trade secret are not included. 5

Department of Financial Services
The Department of Financial Services offers a variety of information and resources on its website to educate
consumers regarding insurance and financial topics. Information may be found on homeowner’s insurance,
automobile insurance, life insurance and annuities, health insurance, and long-term care insurance. 6 The resources
include over 30 consumer guides on specific insurance topics, including:7
    • assignment of benefits;
    • automobile insurance;
    • filing an auto claim;
    • automobile mediation program;
    • homeowners’ insurance;
    • homeowner claims bill of rights;
    • post-disaster insurance claims;
    • premium discounts for hurricane loss mitigation;
    • residential property mediation program;
    • renters’ insurance;
    • settling a sinkhole claim;
    • sinkhole and catastrophic ground cover collapse;
    • Florida’s hurricane deductible;
    • what to expect after filing a homeowners’ claim;
    • the flood claim process; and
    • getting help with a property insurance claim.

These guides are available in both English and Spanish. 8

Transparency in Rate Regulation
OIR is required to provide the following information with respect to any residential property rate filing on a
publicly accessible website: 9
   • the overall rate change requested by the insurer;
   • the rate change approved by OIR along with all of the actuary’s assumptions and recommendations forming
        the basis of OIR’s decision; and


4 OIR, CHOICES Rate Comparison Tool, https://floir.com/consumers/choices-rate-comparison-search (last visited Jan. 15,

2026).
5 Id.
6 DFS, About the Division, https://www.myfloridacfo.com/Division/Consumers/ (last visited Jan. 15, 2026).
7 DFS, Consumer Guides, https://www.myfloridacfo.com/division/consumers/understanding-insurance/guides (last visited

Jan. 15, 2026).
8 Id.
9 S. 627.0621(2)(a), F.S.

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     •   certification by OIR’s actuary that, based on the actuary’s knowledge, his or her recommendations are
         consisted with accepted actuarial principles.

OIR must provide on its website a means for any policyholder who may be affected by a proposed rate change to
send an e-mail to OIR regarding the proposed rate change. 10 Any such e-mail must be accessible to the actuary
assigned to review the rate filing. 11

Insurer Reporting of Property Insurance Data and other Information to OIR
Every insurer and insurer group doing business in Florida must file monthly reports with OIR. 12 Every insurer and
insurer group doing business in Florida must file monthly reports with OIR: 13
    • the total number of policies in force at the end of each month;
    • the total number of policies canceled;
    • the total number of policies nonrenewed;
    • the number of policies canceled due to hurricane risk;
    • the number of policies renewed due to hurricane risk;
    • the number of new policies written;
    • the total dollar value of structure exposure under policies that include wind coverage;
    • the number of policies that exclude wind coverage;
    • the number of claims opened each month;
    • the number of claims closed each month;
    • the number of claims pending each month; and
    • the number of claims in which either the insurer or insured invoked any form of alternative dispute
        resolution, and specifying which form of alternative dispute resolution was used.

OIR must aggregate this data on a statewide basis and make it publicly available by publishing such on OIR’s
website within one month after each quarterly and annual filing.14 This information, when aggregated on a
statewide basis, is not a trade secret and is not subject to a public records exemption. 15

Types of Coverage and Policy Forms
There are eight different homeowners’ policy forms. 16 Policy forms represent the type of property insurance
needed for a homeowner, condo owner, or renter. 17 These forms include:
   • HO-1 – these forms are the most basic type of home insurance, and it protects only against eleven specified
       perils, such as fire, lightning, windstorms, and hail, but do not provide coverage for liability nor personal
       property.
   • HO-2 – these policies cover all the common perils from HO-1, plus seven additional perils including falling
       objects, certain sudden or accidental damage, and the weight of ice, snow, or sleet. These policies only
       cover named perils, meaning that if a peril isn’t explicitly listed in the policy, it won’t be covered by the
       insurer. Some of these policies provide coverage for personal property and personal liability.
   • HO-3 – this is the most common type of homeowners insurance, and it provides coverage for all perils
       except those explicitly excluded. These policies also provide coverage for personal property and personal
       liability coverage.
   • HO-4 – this policy form is for renters’ insurance.


10 S. 627.0621(2)(b), F.S.
11 Id.
12 S. 624.424(10)(a), F.S.
13 Id.
14 S. 624.424(10)(b), F.S.
15 Id.
16 Progressive, What are the different types of homeowners insurance policies?,

https://www.progressive.com/homeowners/faq/policy-types/ (last visited Jan. 15, 2026).
17 Id.

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                                                                                                               HB 767
     •   HO-5 – this is known as the comprehensive form and provides the most coverage. Personal property losses
         are repaid based on the replacement cost for the item, instead of the actual cash value. These policies tend
         to have higher coverage limits and less restrictions on perils.
     •   HO-6 – this policy form applies to condo owners.
     •   HO-7 – this policy form applies to mobile homes.
     •   HO-8 – this policy form applies to older properties, typically built more than 40 years ago.

My Safe Florida Home Program
In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within DFS, with the intent
that the MSFH Program provide licensed inspectors to perform inspections for owners of site-built, single-family,
residential properties and grants to eligible applicants, subject to the availability of funds. 18

Grants are matched with $2 provided by the state for every $1 provided by the homeowner up to $10,000. 19

Residential Property Insurance Mitigation Credits, Discounts, or other Rate Differentials
Residential property insurance rates must account for mitigation measures undertaken by policyholders to reduce
hurricane losses. 20 Specifically, insurer rate filings must include actuarially reasonable discounts, credits, or other
rate differentials or appropriate reductions in deductibles to consumers who implement windstorm damage
mitigation techniques to their properties. 21

Upon their filing by an insurer or rating organization, the OIR determines the discounts, credits, and other rate
differentials. 22 Windstorm mitigation measures that must be evaluated for purposes of mitigation discounts
include fixtures or construction techniques that enhance roof strength, roof covering performance, roof-to-wall
strength, wall-to-floor-to-foundation strength, opening protection, and window, door, and skylight strength. 23

An insurer is required to notify an applicant or policyholder of any personal lines residential property insurance
policy, at the time of the issuance of the policy and at each renewal, of the availability of each premium discount,
credit, other rate differential for properties on which fixtures or construction techniques demonstrated to reduce
the amount of loss in a windstorm can be or have been installed or implemented. 24 The FSC is required to develop a
uniform mitigation verification inspection form to be used by all insurers when submitted by policyholders for the
purpose of factoring discounts for wind insurance. 25

Trade Secret and Public Records Exemptions
Florida law defines “trade secret” as information that derives independent economic value from not being
generally known by other people who can obtain economic value from its disclosure or us and that is the subject of
efforts that are reasonable under the circumstances to maintain its secrecy. 26

When insurers submit documents to OIR or DFS pursuant to the Florida Insurance Code, or as required by rule of
OIR, DFS, or the FSC, the insurer may file with OIR or DFS a notice of trade secret. 27 If OIR or DFS receive a public
records request for a document marked as trade secret, OIR or DFS must notify the person that certified the
document as trade secret. 28 The notice must inform the person that the company has 30 days following receipt of


18 S. 215.5586, F.S.
19 Id.
20 S. 627.062(2)(j), F.S.
21 S. 627.0629(1), F.S.
22 Id.
23 Id.
24 S. 627.711(1), F.S.
25 S. 627.711(2)(a), F.S.
26 S. 688.002(4), F.S.
27 S. 624.4213, F.S.
28 Id.

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the notice to file an action in circuit court to get a determination of whether the document contains trade secrets
and an order barring public disclosure of the document. 29

                                                BILL HISTORY
                                                                                   STAFF
                                                                                 DIRECTOR/           ANALYSIS
COMMITTEE REFERENCE                         ACTION                DATE          POLICY CHIEF       PREPARED BY
Insurance & Banking                         17 Y, 0 N           1/21/2026         Brackett            Miguez
Subcommittee
State Administration Budget                 11 Y, 0 N           2/5/2026             Topp             Helpling
Subcommittee
Commerce Committee                                                                  Hamon              Miguez




29 Id.

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           HB 767                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to residential property insurance;
    3               amending s. 627.0621, F.S.; requiring that certain
    4               rate filings with the Office of Insurance Regulation
    5               from residential property insurers include rate
    6               transparency reports; providing for the office to
    7               accept such reports or to request that the insurer
    8               make modifications; providing construction; providing
    9               requirements for such reports; requiring insurers to
10                  provide such reports to consumers; requiring that the
11                  report indicate that it is preliminary and subject to
12                  modification by the insurer at the direction of the
13                  office under certain circumstances; requiring the
14                  office to define terms used in such reports; requiring
15                  the office to establish and maintain a comprehensive
16                  resource center on its website; providing requirements
17                  for the resource center; specifying that certain
18                  information is not a trade secret and is not subject
19                  to certain public records exemptions; amending s.
20                  627.7011, F.S.; prohibiting an insurer from including
21                  the value of certain land when establishing a
22                  homeowner's policy coverage amount or adjusting
23                  certain claims; providing construction; amending s.
24                  627.7142, F.S.; conforming a cross-reference;
25                  providing an effective date.

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        HB 767                                                                                               2026




26
27      Be It Enacted by the Legislature of the State of Florida:
28
29               Section 1.        Present subsection (2) of section 627.0621,
30      Florida Statutes, is redesignated as subsection (3) and amended,
31      and a new subsection (2) is added to that section, to read:
32               627.0621         Transparency in rate regulation.—
33               (2)     RATE TRANSPARENCY REPORT.—
34               (a)     Beginning October 1, 2026, every rate filing
35      requesting a rate change for residential property coverage from
36      a property insurer must include a rate transparency report for
37      acceptance or, if necessary, modification by the insurer as
38      directed by the office. The office may accept the rate
39      transparency report for filing; or, if the office finds that the
40      report fails to provide the required information in concise,
41      plain language that aids consumers in their understanding of
42      insurance or that the report is misleading, the office must
43      return the report to the insurer with specific directions for
44      modification. The office's acceptance of the report for use or
45      direction for modification may not be deemed an approval
46      pursuant to s. 627.062. The report must be compiled in a uniform
47      format prescribed by the commission and must include a graphic
48      representation identifying a percentage breakdown of rating
49      factors anticipated by the company, book, or program affected by
50      the filing.

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        HB 767                                                                                               2026




51               (b)      Along with an offer of coverage and upon renewal, an
52      insurer shall provide the corresponding copy of the rate
53      transparency report for the consumers' offered rate to aid
54      consumers in their understanding of insurance. If the report has
55      not been accepted for use or modified in accordance with the
56      office's direction, the report must indicate that it is
57      preliminary and subject to modification by the insurer at the
58      direction of the office.
59               (c)     The rate transparency report must include the
60      following categories of the book or program at the cumulative
61      level:
62               1.      The percentage of the total rate factor associated with
63      the cost of reinsurance.
64               2.      The percentage of the total rate factor associated with
65      the cost of claims.
66               3.      The percentage of the total rate factor associated with
67      the defense containment and costs.
68               4.      The percentage of the total rate factor associated with
69      fees and commissions.
70               5.      The percentage of the rate factor associated with
71      profit and contingency of the insurer.
72               6.      Any other categories deemed necessary by the office or
73      commission.
74
75      An estimated percentage of the influence of each listed factor

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         HB 767                                                                                               2026




76       provided must equal 100 percent.
77                (d)      The insurer shall provide the rate transparency report
78       to the office upon the filing of a rate change with the office.
79                (e)      In addition to the categories required in paragraph
80       (c), the rate transparency report must also include the
81       following information:
82                1.      All major adverse findings by the office for the
83       previous 3 calendar years.
84                2.      Whether the insurer uses affiliated entities to perform
85       functions of the insurer.
86                3.      Contact information, including a telephone number,
87       hours of service, and an e-mail address, for the Division of
88       Consumer Services of the department.
89                4.      Contact information for the office.
90                5.      Address for the website for public access to rate
91       filing and affiliate information outlined in subsection (3).
92                6.      Any change in the total insured value from the last
93       policy period.
94                (f)      The office shall define, in concise and plain
95       language, any term used in the rate transparency report to aid
96       consumers in their understanding of insurance.
97                (3)(2)      WEBSITE FOR PUBLIC ACCESS TO RATE FILING
98       INFORMATION.—
99                (a)     The office shall establish and maintain a
100      comprehensive resource center on its website which uses concise

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         HB 767                                                                                               2026




101      and plain language to aid consumers in their understanding of
102      insurance. The website must include substantive information on
103      the current and historical dynamics of the market, data
104      concerning the financial condition and market conduct of
105      insurance companies, and insurance options available to
106      consumers. At a minimum, the website must contain the following:
107               1.      Reports, using graphic information whenever possible,
108      which outline information about the state of the market and
109      adverse and positive trends affecting it.
110               2.      Tools that aid consumers in finding insurers,
111      including, but not limited to, a listing of all companies
112      actively doing business in this state which includes each
113      company's address, website, and all telephone numbers and e-mail
114      addresses to be used by insureds and applicants for coverage.
115               3.      Tools that aid consumers in selecting the coverages
116      beneficial to them, including, but not limited to:
117               a.      Educational materials that explain the types of
118      coverage in residential property insurance policies; the
119      difference between replacement cost reimbursement and actual
120      cash value reimbursement; a glossary of common terms used in
121      policies; and a comparison of the coverage, terms, conditions,
122      and exclusions contained in different homeowners' and dwelling
123      fire forms.
124               b.      Answers to commonly asked questions about residential
125      property insurance coverage.

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         HB 767                                                                                               2026




126               4.      Information about mitigation credits and the My Safe
127      Florida Home Program, as well as other credits and discounts
128      insurers may offer beyond wind mitigation.
129               5.      Access to the rate transparency report, annual
130      statements, market conduct information, and other information
131      related to each insurer.
132               6.      Information on the Citizens Property Insurance
133      Corporation take-out process, the clearinghouse, and general
134      information as reported by the office.
135               7.      Information on the claims process, including, but not
136      limited to:
137               a.      Clear, step-by-step guidance on how to file a claim,
138      what to expect during the claim process, and timelines for
139      resolution of a claim.
140               b.      The obligations of insurers and insureds related to
141      claim reporting, claim handling, communications regarding
142      claims, claim investigations, claim decisions, and claim
143      payments.
144               c.      For each insurer with active policies in this state,
145      the means by which to report a claim, including any telephone
146      numbers, e-mail addresses, or website addresses used for claim
147      reporting.
148               8.      Information on consumer protection, including, but not
149      limited to:
150               a.      The rights of insureds under Florida law related to

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         HB 767                                                                                               2026




151      coverage; coverage renewals, nonrenewals, and cancellations; and
152      mandated offers of coverage.
153               b.      Information on how to file consumer complaints with the
154      Division of Consumer Services in the Department of Financial
155      Services.
156               9.      Information on news and updates relevant to consumers
157      regarding this state's residential property insurance market,
158      including regulatory changes, information on insurers that enter
159      or exit the market, and industry trends.
160               10.      Information on disaster preparedness directly related
161      to insurance, prepared by the office or by the Division of
162      Emergency Management.
163               11.     With respect to any residential property rate filing,
164      the office shall provide the following information on a publicly
165      accessible Internet website:
166               a.1.        The overall rate change requested by the insurer.
167               b.2.        The rate change approved by the office along with all
168      of the actuary's assumptions and recommendations forming the
169      basis of the office's decision.
170               c.3.        Certification by the office's actuary that, based on
171      the actuary's knowledge, his or her recommendations are
172      consistent with accepted actuarial principles.
173               d.      Whether the insurer uses affiliated entities to perform
174      administrative, claims handling, or other functions of the
175      insurer and, if so, the total percentage of direct written

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         HB 767                                                                                               2026




176      premium paid to the affiliated entities by the insurer in the
177      preceding calendar year.
178               (b)     For any rate filing, regardless of whether or not the
179      filing is subject to a public hearing, the office shall provide
180      on its website a means for any policyholder who may be affected
181      by a proposed rate change to send an e-mail regarding the
182      proposed rate change. Such e-mail must be accessible to the
183      actuary assigned to review the rate filing.
184               (c)     The statewide average requested rate change and final
185      approved statewide average rate change within a filing is not a
186      trade secret as defined in s. 688.002 or s. 812.081(1) and is
187      not subject to the public records exemption for trade secrets
188      provided in s. 119.0715 or s. 624.4213.
189               (d)     County rating examples submitted to the office through
190      the rate collection system for the purpose of displaying rates
191      on the office website are not a trade secret as defined in s.
192      688.002 or s. 812.081(1) and are not subject to the public
193      records exemption for trade secrets provided in s. 119.0715 or
194      s. 624.4213.
195               Section 2.         Present subsections (5) and (6) of section
196      627.7011, Florida Statutes, are redesignated as subsections (6)
197      and (7), respectively, and a new subsection (5) is added to that
198      section, to read:
199               627.7011         Homeowners' policies; offer of replacement cost
200      coverage and law and ordinance coverage.—

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         HB 767                                                                                               2026




201               (5)     When establishing the coverage amount or adjusting a
202      claim for a dwelling or other structure under a homeowner's
203      insurance policy, an insurer may not include the value of the
204      land on which such dwelling or structure is located. This
205      subsection may not be construed to permit inclusion of the value
206      of land for dwellings or structures located on the shoreline,
207      surrounded in whole or in part by a body of water, or on land
208      formed or altered by erosion or accretion.
209               Section 3.        Section 627.7142, Florida Statutes, is amended
210      to read:
211               627.7142         Homeowner Claims Bill of Rights.—An insurer
212      issuing a personal lines residential property insurance policy
213      in this state must provide a Homeowner Claims Bill of Rights to
214      a policyholder within 14 days after receiving an initial
215      communication with respect to a claim. The purpose of the bill
216      of rights is to summarize, in simple, nontechnical terms,
217      existing Florida law regarding the rights of a personal lines
218      residential property insurance policyholder who files a claim of
219      loss. The Homeowner Claims Bill of Rights is specific to the
220      claims process and does not represent all of a policyholder's
221      rights under Florida law regarding the insurance policy. The
222      Homeowner Claims Bill of Rights does not create a civil cause of
223      action by any individual policyholder or class of policyholders
224      against an insurer or insurers. The failure of an insurer to
225      properly deliver the Homeowner Claims Bill of Rights is subject

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         HB 767                                                                                               2026




226      to administrative enforcement by the office but is not
227      admissible as evidence in a civil action against an insurer. The
228      Homeowner Claims Bill of Rights does not enlarge, modify, or
229      contravene statutory requirements, including, but not limited
230      to, ss. 626.854, 626.9541, 627.70131, 627.7015, and 627.7074,
231      and does not prohibit an insurer from exercising its right to
232      repair damaged property in compliance with the terms of an
233      applicable policy or ss. 627.7011(7)(e) and 627.702(7) ss.
234      627.7011(6)(e) and 627.702(7). The Homeowner Claims Bill of
235      Rights must state:
236
237                                             HOMEOWNER CLAIMS
238                                                BILL OF RIGHTS
239               This Bill of Rights is specific to the claims process
240               and does not represent all of your rights under
241               Florida law regarding your policy. There are also
242               exceptions to the stated timelines when conditions are
243               beyond your insurance company's control. This document
244               does not create a civil cause of action by an
245               individual policyholder, or a class of policyholders,
246               against an insurer or insurers and does not prohibit
247               an insurer from exercising its right to repair damaged
248               property in compliance with the terms of an applicable
249               policy.
250

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         HB 767                                                                                               2026




251               YOU HAVE THE RIGHT TO:
252               1.      Receive from your insurance company an
253               acknowledgment of your reported claim within 7 days
254               after the time you communicated the claim.
255               2.      Upon written request, receive from your insurance
256               company within 30 days after you have submitted a
257               complete proof-of-loss statement to your insurance
258               company, confirmation that your claim is covered in
259               full, partially covered, or denied, or receive a
260               written statement that your claim is being
261               investigated.
262               3.      Receive from your insurance company a copy of any
263               detailed estimate of the amount of the loss within 7
264               days after the estimate is generated by the insurance
265               company's adjuster.
266               4.      Within 60 days, subject to any dual interest noted
267               in the policy, receive full settlement payment for
268               your claim or payment of the undisputed portion of
269               your claim, or your insurance company's denial of your
270               claim.
271               5.      Receive payment of interest, as provided in s.
272               627.70131, Florida Statutes, from your insurance
273               company, which begins accruing from the date your
274               claim is filed if your insurance company does not pay
275               full settlement of your initial, reopened, or

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         HB 767                                                                                               2026




276               supplemental claim or the undisputed portion of your
277               claim or does not deny your claim within 60 days after
278               your claim is filed. The interest, if applicable, must
279               be paid when your claim or the undisputed portion of
280               your claim is paid.
281               6.      Free mediation of your disputed claim by the
282               Florida Department of Financial Services, Division of
283               Consumer Services, under most circumstances and
284               subject to certain restrictions.
285               7.      Neutral evaluation of your disputed claim, if your
286               claim is for damage caused by a sinkhole and is
287               covered by your policy.
288               8.      Contact the Florida Department of Financial
289               Services, Division of Consumer Services' toll-free
290               helpline for assistance with any insurance claim or
291               questions pertaining to the handling of your claim.
292               You can reach the Helpline by phone at ...(toll-free
293               phone number)..., or you can seek assistance online at
294               the Florida Department of Financial Services, Division
295               of Consumer Services' website at ...(website
296               address)....
297
298               YOU ARE ADVISED TO:
299               1.      File all claims directly with your insurance
300               company.

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         HB 767                                                                                               2026




301               2.      Contact your insurance company before entering
302               into any contract for repairs to confirm any managed
303               repair policy provisions or optional preferred
304               vendors.
305               3.      Make and document emergency repairs that are
306               necessary to prevent further damage. Keep the damaged
307               property, if feasible, keep all receipts, and take
308               photographs or video of damage before and after any
309               repairs to provide to your insurer.
310               4.      Carefully read any contract that requires you to
311               pay out-of-pocket expenses or a fee that is based on a
312               percentage of the insurance proceeds that you will
313               receive for repairing or replacing your property.
314               5.      Confirm that the contractor you choose is licensed
315               to do business in Florida. You can verify a
316               contractor's license and check to see if there are any
317               complaints against him or her by calling the Florida
318               Department of Business and Professional Regulation.
319               You should also ask the contractor for references from
320               previous work.
321               6.      Require all contractors to provide proof of
322               insurance before beginning repairs.
323               7.      Take precautions if the damage requires you to
324               leave your home, including securing your property; and
325               turning off your gas, water, and electricity;, and

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         HB 767                                                                                               2026




326               contacting your insurance company; and providing
327               provide a phone number where you can be reached.
328               Section 4.        This act shall take effect July 1, 2026.




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                                COMMERCE COMMITTEE

                               HB 767 by Rep. Benarroch
                             Residential Property Insurance

                                AMENDMENT SUMMARY
                                  February 10, 2026

Amendment #388655 by Rep. Benarroch (strike-all):
  • Removes the requirement for property insurers to provide a rate transparency report to
     policyholders and OIR.
  • Requires OIR’s resource center to include all major adverse findings for the previous 3
     calendar years for each insurer.
  • Requires OIR’s resource center to include contact information for the Division of
     Consumer Services of the Department of Financial Services.
  • Requires insurers to include a notice of the resource center, the URL, and a QR code
     with each offer of residential property coverage to a consumer, and with every offer of
     renewal to a consumer.
  • Requires the insurer’s notice of premium discounts to applicants and policyholders for
     hurricane loss mitigation to include information about whether the insurer offers
     enhanced discounts for roof systems that use a secondary water resistance.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                       Bill No. HB 767   (2026)
       Amendment No.




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Benarroch offered the following:
3
4           Amendment (with title amendment)
5           Remove everything after the enacting clause and insert:
6           Section 1.    Subsection (2), is amended, and subsection (3)
7      is added to section 627.0621, Florida Statutes, to read:
8           (2)    WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.—
9           (a)    The office shall establish and maintain a
10     comprehensive resource center on its website which uses concise
11     and plain language to aid consumers in their understanding of
12     insurance. The website must include substantive information on
13     the current and historical dynamics of the market, data
14     concerning the financial condition and market conduct of
15     insurance companies, and insurance options available to
16     consumers. At a minimum, the website must contain the following:
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                                                    Bill No. HB 767   (2026)
       Amendment No.


17          1.   Reports, using graphic information whenever possible,
18     which outline information about the state of the market and
19     adverse and positive trends affecting it.
20          2.   Tools that aid consumers in finding insurers,
21     including, but not limited to, a listing of all companies
22     actively doing business in this state which includes each
23     company's address, website, and all telephone numbers and e-mail
24     addresses to be used by insureds and applicants for coverage.
25          3.   Tools that aid consumers in selecting the coverages
26     beneficial to them, including, but not limited to:
27          a.   Educational materials that explain the types of
28     coverage in residential property insurance policies; the
29     difference between replacement cost reimbursement and actual
30     cash value reimbursement; a glossary of common terms used in
31     policies; and a comparison of the coverage, terms, conditions,
32     and exclusions contained in different homeowners' and dwelling
33     fire forms.
34          b.   Answers to commonly asked questions about residential
35     property insurance coverage.
36          4.   Information about mitigation credits and the My Safe
37     Florida Home Program, as well as other credits and discounts
38     insurers may offer beyond wind mitigation.
39          5.   Access to annual statements, market conduct
40     information, all major adverse findings by the office for the


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                                                   Bill No. HB 767     (2026)
       Amendment No.


41     previous 3 calendar years, and other information related to each
42     insurer.
43          6.    Information on the Citizens Property Insurance
44     Corporation take-out process, the clearinghouse, and general
45     information as reported by the office.
46          7.    Information on the claims process, including, but not
47     limited to:
48          a.    Clear, step-by-step guidance on how to file a claim,
49     what to expect during the claim process, and timelines for
50     resolution of a claim.
51          b.    The obligations of insurers and insureds related to
52     claim reporting, claim handling, communications regarding
53     claims, claim investigations, claim decisions, and claim
54     payments.
55          c.    For each insurer with active policies in this state,
56     the means by which to report a claim, including any telephone
57     numbers, e-mail addresses, or website addresses used for claim
58     reporting.
59          8.    Information on consumer protection, including, but not
60     limited to:
61          a.    The rights of insureds under Florida law related to
62     coverage; coverage renewals, nonrenewals, and cancellations; and
63     mandated offers of coverage.
64          b.    Contact information, including a telephone number,
65     hours of service, and an e-mail address, for the Division of
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                                                   Bill No. HB 767   (2026)
       Amendment No.


66     Consumer Services of the department, and information on how to
67     file consumer complaints with the Division.
68          9.    Information on news and updates relevant to consumers
69     regarding this state's residential property insurance market,
70     including regulatory changes, information on insurers that enter
71     or exit the market, and industry trends.
72          10.    Information on disaster preparedness directly related
73     to insurance, prepared by the office or by the Division of
74     Emergency Management.
75          11.    With respect to any residential property rate filing,
76     the office shall provide the following information on a publicly
77     accessible Internet website:
78          a.1.   The overall rate change requested by the insurer.
79          b.2.   The rate change approved by the office along with all
80     of the actuary's assumptions and recommendations forming the
81     basis of the office's decision.
82          c.3.   Certification by the office's actuary that, based on
83     the actuary's knowledge, his or her recommendations are
84     consistent with accepted actuarial principles.
85          d.    Whether the insurer uses affiliated entities to perform
86     administrative, claims handling, or other functions of the
87     insurer and, if so, the total percentage of direct written
88     premium paid to the affiliated entities by the insurer in the
89     preceding calendar year.


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                                                     Bill No. HB 767    (2026)
        Amendment No.


 90          (b)   For any rate filing, regardless of whether or not the
 91     filing is subject to a public hearing, the office shall provide
 92     on its website a means for any policyholder who may be affected
 93     by a proposed rate change to send an e-mail regarding the
 94     proposed rate change. Such e-mail must be accessible to the
 95     actuary assigned to review the rate filing.
 96          (c)   The statewide average requested rate change and final
 97     approved statewide average rate change within a filing is not a
 98     trade secret as defined in s. 688.002 or s. 812.081(1) and is
 99     not subject to the public records exemption for trade secrets
100     provided in s. 119.0715 or s. 624.4213.
101          (d)   County rating examples submitted to the office through
102     the rate collection system for the purpose of displaying rates
103     on the office website are not a trade secret as defined in s.
104     688.002 or s. 812.081(1) and are not subject to the public
105     records exemption for trade secrets provided in s. 119.0715 or
106     s. 624.4213.
107                (3)    Along with every offer of residential property
108     insurance coverage and at renewal of such coverage, the insurer
109     must provide notice of the website required under subsection
110     (2), which must include the internet address for the website and
111     a quick-response code for the website.
112          Section 2.    Present subsections (5) and (6) of section
113     627.7011, Florida Statutes, are redesignated as subsections (6)


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114     and (7), respectively, and a new subsection (5) is added to that
115     section, to read:
116           627.7011    Homeowners' policies; offer of replacement cost
117     coverage and law and ordinance coverage.—
118           (5)   When establishing the coverage amount or adjusting a
119     claim for a dwelling or other structure under a homeowner's
120     insurance policy, an insurer may not include the value of the
121     land on which such dwelling or structure is located. This
122     subsection may not be construed to permit inclusion of the value
123     of land for dwellings or structures located on the shoreline,
124     surrounded in whole or in part by a body of water, or on land
125     formed or altered by erosion or accretion.
126           Section 3.    Subsection (1) of section 627.711, Florida
127     Statutes, is amended to read:
128           627.711    Notice of premium discounts for hurricane loss
129     mitigation; uniform mitigation verification inspection form.—
130     (1)   Using a form prescribed by the Office of Insurance
131     Regulation, the insurer shall clearly notify the applicant or
132     policyholder of any personal lines residential property
133     insurance policy, at the time of the issuance of the policy and
134     at each renewal, of the availability and the range of each
135     premium discount, credit, other rate differential, or reduction
136     in deductibles, and combinations of discounts, credits, rate
137     differentials, or reductions in deductibles, for properties on
138     which fixtures or construction techniques demonstrated to reduce
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                                                    Bill No. HB 767   (2026)
        Amendment No.


139     the amount of loss in a windstorm can be or have been installed
140     or implemented. The prescribed form shall describe generally
141     what actions the policyholders may be able to take to reduce
142     their windstorm premium. The prescribed form and a list of such
143     ranges approved by the office for each insurer licensed in the
144     state and providing such discounts, credits, other rate
145     differentials, or reductions in deductibles for properties
146     described in this subsection shall be available for electronic
147     viewing and download from the Department of Financial Services'
148     or the Office of Insurance Regulation's Internet website. The
149     prescribed form must also notify the applicant if the insurer
150     offers an enhanced discount for a roof system that uses a
151     secondary water resistance, and the form must generally list the
152     amount of discount by type of secondary water resistance. The
153     Financial Services Commission may adopt rules to implement this
154     subsection.
155          Section 4.   Section 627.7142, Florida Statutes, is amended
156     to read:
157          627.7142   Homeowner Claims Bill of Rights.—An insurer
158     issuing a personal lines residential property insurance policy
159     in this state must provide a Homeowner Claims Bill of Rights to
160     a policyholder within 14 days after receiving an initial
161     communication with respect to a claim. The purpose of the bill
162     of rights is to summarize, in simple, nontechnical terms,
163     existing Florida law regarding the rights of a personal lines
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164     residential property insurance policyholder who files a claim of
165     loss. The Homeowner Claims Bill of Rights is specific to the
166     claims process and does not represent all of a policyholder's
167     rights under Florida law regarding the insurance policy. The
168     Homeowner Claims Bill of Rights does not create a civil cause of
169     action by any individual policyholder or class of policyholders
170     against an insurer or insurers. The failure of an insurer to
171     properly deliver the Homeowner Claims Bill of Rights is subject
172     to administrative enforcement by the office but is not
173     admissible as evidence in a civil action against an insurer. The
174     Homeowner Claims Bill of Rights does not enlarge, modify, or
175     contravene statutory requirements, including, but not limited
176     to, ss. 626.854, 626.9541, 627.70131, 627.7015, and 627.7074,
177     and does not prohibit an insurer from exercising its right to
178     repair damaged property in compliance with the terms of an
179     applicable policy or ss. 627.7011(7)(e) and 627.702(7) ss.
180     627.7011(6)(e) and 627.702(7). The Homeowner Claims Bill of
181     Rights must state:
182
183                                HOMEOWNER CLAIMS
184                                 BILL OF RIGHTS
185          This Bill of Rights is specific to the claims process
186          and does not represent all of your rights under
187          Florida law regarding your policy. There are also
188          exceptions to the stated timelines when conditions are
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189          beyond your insurance company's control. This document
190          does not create a civil cause of action by an
191          individual policyholder, or a class of policyholders,
192          against an insurer or insurers and does not prohibit
193          an insurer from exercising its right to repair damaged
194          property in compliance with the terms of an applicable
195          policy.
196
197          YOU HAVE THE RIGHT TO:
198          1.   Receive from your insurance company an
199          acknowledgment of your reported claim within 7 days
200          after the time you communicated the claim.
201          2.   Upon written request, receive from your insurance
202          company within 30 days after you have submitted a
203          complete proof-of-loss statement to your insurance
204          company, confirmation that your claim is covered in
205          full, partially covered, or denied, or receive a
206          written statement that your claim is being
207          investigated.
208          3.   Receive from your insurance company a copy of any
209          detailed estimate of the amount of the loss within 7
210          days after the estimate is generated by the insurance
211          company's adjuster.
212          4.   Within 60 days, subject to any dual interest noted
213          in the policy, receive full settlement payment for
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214          your claim or payment of the undisputed portion of
215          your claim, or your insurance company's denial of your
216          claim.
217          5.   Receive payment of interest, as provided in s.
218          627.70131, Florida Statutes, from your insurance
219          company, which begins accruing from the date your
220          claim is filed if your insurance company does not pay
221          full settlement of your initial, reopened, or
222          supplemental claim or the undisputed portion of your
223          claim or does not deny your claim within 60 days after
224          your claim is filed. The interest, if applicable, must
225          be paid when your claim or the undisputed portion of
226          your claim is paid.
227          6.   Free mediation of your disputed claim by the
228          Florida Department of Financial Services, Division of
229          Consumer Services, under most circumstances and
230          subject to certain restrictions.
231          7.   Neutral evaluation of your disputed claim, if your
232          claim is for damage caused by a sinkhole and is
233          covered by your policy.
234          8.   Contact the Florida Department of Financial
235          Services, Division of Consumer Services' toll-free
236          helpline for assistance with any insurance claim or
237          questions pertaining to the handling of your claim.
238          You can reach the Helpline by phone at ...(toll-free
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                                                    Bill No. HB 767    (2026)
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239          phone number)..., or you can seek assistance online at
240          the Florida Department of Financial Services, Division
241          of Consumer Services' website at ...(website
242          address)....
243
244          YOU ARE ADVISED TO:
245          1.   File all claims directly with your insurance
246          company.
247          2.   Contact your insurance company before entering
248          into any contract for repairs to confirm any managed
249          repair policy provisions or optional preferred
250          vendors.
251          3.   Make and document emergency repairs that are
252          necessary to prevent further damage. Keep the damaged
253          property, if feasible, keep all receipts, and take
254          photographs or video of damage before and after any
255          repairs to provide to your insurer.
256          4.   Carefully read any contract that requires you to
257          pay out-of-pocket expenses or a fee that is based on a
258          percentage of the insurance proceeds that you will
259          receive for repairing or replacing your property.
260          5.   Confirm that the contractor you choose is licensed
261          to do business in Florida. You can verify a
262          contractor's license and check to see if there are any
263          complaints against him or her by calling the Florida
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264          Department of Business and Professional Regulation.
265          You should also ask the contractor for references from
266          previous work.
267          6.    Require all contractors to provide proof of
268          insurance before beginning repairs.
269          7.    Take precautions if the damage requires you to leave
270     your home, including securing your property; and turning off
271     your gas, water, and electricity;, and contacting your insurance
272     company; and providing provide a phone number where you can be
273     reached.
274          Section 5.    This act shall take effect July 1, 2026.
275
276           -----------------------------------------------------
277                         T I T L E   A M E N D M E N T
278          Remove everything before the enacting clause and insert:
279          An act relating to residential property insurance;
280          amending s. 627.0621, F.S.; requiring the office to
281          establish and maintain a comprehensive resource center
282          on its website; providing requirements for the
283          resource center; requiring insurers to provide notice
284          of the comprehensive resource center on the office’s
285          website with any offer of coverage and policy renewal;
286          specifying that certain information is not a trade
287          secret and is not subject to certain public records
288          exemptions; amending s. 627.7011, F.S.; prohibiting an
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                                                    Bill No. HB 767   (2026)
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289          insurer from including the value of certain land when
290          establishing a homeowner's policy coverage amount or
291          adjusting certain claims; providing construction;
292          amending s. 627.711, F.S.; providing that the notice
293          of premium discounts for hurricane loss mitigation
294          must include information about whether the insurer
295          offers enhanced discounts for roof systems that use a
296          secondary water resistance; amending s. 627.7142,
297          F.S.; conforming a cross-reference; providing an
298          effective date.




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CS/HB 797
                                    FLORIDA HOUSE OF REPRESENTATIVES
                                              BILL ANALYSIS
      This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 797                                                      COMPANION BILL: SB 554 (Bernard)
TITLE: Nonprofit Corporations                                          LINKED BILLS: None
SPONSOR(S): Tuck                                                       RELATED BILLS: None
Committee References
    Industries & Professional                             Civil Justice & Claims                                    Commerce
            Activities                                     16 Y, 0 N, As CS                   
            15 Y, 0 N

SUMMARY
Effect of the Bill:
The bill revises Florida statutes governing nonprofit corporations to conform such statutes to the Model Nonprofit
Corporation Act adopted by the American Bar Association and to align provisions in such statutes to related
provisions within the Florida Business Corporation Act.

Fiscal or Economic Impact:
None


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ANALYSIS
EFFECT OF THE BILL:
The bill revises the Florida Not For Profit Corporation Act (FNFPCA), promulgated in ch. 617, F.S., to conform the
FNFPCA with the Model Nonprofit Corporation Act (MNCA) and to align provisions in the FNFPCA to related
provisions within the Florida Business Corporation Act (FBCA). The provisions of the bill are addressed in detail
below.

Definitions
The bill creates definitions for the following terms, as such terms are used in the chapter: (Section 9)
    “Applicable county” means the county in which a nonprofit corporation’s principal office is or was located.
    “Authorized entity” means a corporation for profit, a limited liability company (LLC), a limited liability
        partnership, or a limited partnership.
    “Charitable asset” means property that is given, received, or held for a charitable purpose.
    “Charitable purpose” means a purpose that would qualify a nonprofit corporation as tax exempt under s.
        501(c)(3) of the Internal Revenue Code or is otherwise considered charitable under Florida law.
    “Eligible entity” means a domestic or foreign nonprofit corporation, corporation for profit, general
        partnership, limited partnership, LLC, or other unincorporated entity.
    “Eligible interest” means a share, a membership, or either or both of the right to receive distributions from
        the entity or the right to receive notice or vote on issues involving the entity’s internal affairs.
    “Entity” means corporations, unincorporated associations, business trusts, estates, LLCs, partnerships,
        trusts, and a joint or common economic interest, as well as any State, the United States, or any foreign
        government.
    “Interest holder” means a shareholder of a corporation for profit, a member of a nonprofit corporation, a
        general partner of a general partnership, a general or limited partner of a limited partnership, a member of
        a LLC, a shareholder or beneficial owner of a real estate investment trust, a beneficiary of a statutory or
        business trust, or a direct holder of an interest.

STORAGE NAME: h0797d.COM
DATE: 2/6/2026
                                                                                                                                            1
                                                                                                               CS/HB 797
      “Interest holder liability” means personal liability for a liability of an entity or an obligation of an interest
       holder to contribute to the entity.
      “Nonprofit corporation” means a corporation in which income or profit is not distributable to its members,
       directors, or officers, except as provided under ch. 617, F.S.
      “Organic rules” means the public organic record and private organic rules of an entity.
            “Public organic record” means a record of the filings required for formation and any subsequent
                amendment or restatement of such.
            “Private organic rule” means the rules governing the internal affairs of an entity, that are binding on
                its interest holders, and are not part of its public organic record.
      “Protected agreement” includes a document evidencing indebtedness of a domestic corporation or eligible
       entity, an agreement that is binding on a domestic corporation, the organic rules of a domestic eligible
       entity, and an agreement that is binding on the interest holders or directors of a domestic corporation or
       eligible entity.

Mutual Benefit Corporations
The bill removes the distinction between a mutual benefit corporation and a nonprofit corporation, but maintains
all rights and powers available to mutual benefit corporations and members. (Sections 9, 28, and 29)

Corporate Records
The bill revises provisions on required corporate recordkeeping, and establishes the minimum retention period for
certain types of records that must be maintained by the nonprofit corporation. (Section 101)

The bill enables nonprofit corporations to impose reasonable restrictions on its members’ ability to disclose or
otherwise use information maintained as part of the corporate record. However, the bill prohibits a nonprofit
corporation from limiting a member’s right to inspect the corporate record through its articles of incorporation or
bylaws. (Section 102)

The bill expands the required financial disclosures a nonprofit corporation must make to its members and
provides mandatory timelines for the required disclosures. However, the bill does provide an exception to stated
disclosure timelines when the corporation needs additional time to comply with the request for information.
(Section 105)

The bill expands the inspection rights for directors, allowing directors to inspect the corporate record as it relates
to their duties at any reasonable time. (Section 106)

Registered Agent
The bill establishes the minimum duties of a nonprofit corporation’s registered agent and provides the default
rules for changing, replacing, or terminating a registered agent. (Sections 19, 20, and 21)

Corporate Name
The bill allows a nonprofit corporation to register under a nonunique name when the other entity of the same
name consents to its use and changes its name to a distinguishable name or when the applicant demonstrates
through a final court judgment its right to use the name. (Section 17)

Articles of Incorporation
The bill revises the default process for amending the articles of incorporation for a nonprofit corporation. Any
amendment to the articles of incorporation must be approved by both the board of directors and the members of a
nonprofit corporation, unless it is limited to:
     Extending the duration of a time limited nonprofit corporation;
     Removing the names or addresses of previous directors or registered agents if a statement of change has
        been filed;
     Deleting information solely of historical interest;

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                                                                                                       CS/HB 797
       Changing the entity name by substituting a word for an abbreviation or adding, removing, or changing a
        geographical attribution in the name; or
       Restating without change all operative provisions of the articles of incorporation.

Further, the bill details the applicable notice standards and minimum voting requirements for an amendment to
the articles of incorporation requiring a member vote. (Section 56)

The bill revises the procedure for filing the articles of amendment and requires that additional information be
included in the filing, following an amendment to the articles of incorporation. (Section 57)

Board of Directors
The bill defines qualified directors and establishes voting requirements for qualified directors. (Sections 11, 37,
and 51)

The bill reduces the minimum number of directors required to be on the board of directors of a nonprofit
corporation to one individual. However, the bill maintains the three-individual minimum requirement for
501(c)(3) organizations. (Section 41)

The bill establishes the default selection process for directors of nonprofit corporations. For nonprofit
corporations with members, directors are elected by members, unless the articles of incorporation or bylaws
provide otherwise. For nonprofit corporations without members, directors are elected by the board of directors,
unless the articles of incorporation or bylaws provide otherwise. (Section 42)

The bill establishes the default term length for directors as 1 year, unless the articles of incorporation or bylaws
provide otherwise. Further, a director whose term has expired may continue to serve until his successor is
selected. (Section 43)

The bill allows the board of directors to fill any board vacancy after three months if the members fail to elect a
successor. (Section 45)

The bill establishes the procedure for removing a director by judicial proceeding when a court finds that the
director engaged in fraudulent conduct, grossly abused the position of director or intentionally inflicted harm on
the entity, and that removal is in the best interest of the nonprofit corporation. (Section 46)

The bill establishes the minimum duties and standards of care a director owes to the nonprofit corporation.
(Section 50)

The bill revises the procedure for dealing with a director conflict of interest. Specifically, it establishes the burden
of proof when challenging a transaction and clarifies that fairness to the corporation may always be considered.
(Section 51)

The bill expands who may respond to interrogatories directed to the nonprofit corporation to include any
authorized officer or director of the entity, or, when appropriate, a member or fiduciary. (Section 8)

Board Meetings
The bill provides that a board meeting may be called by 20% of the directors in office. (Section 47).

Nonprofit Corporate Officers
The bill expands personal liability protections to directors and officers of all nonprofit corporations, granting them
personal liability immunity for all actions or inactions taken in their role as director or officer. (Section 52)
The bill establishes the minimum duties and standards of care an officer owes to the nonprofit corporation.
(Section 54)

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Court-Appointed Provisional Director
The bill allows the court to appoint an impartial, provisional director in instances where there is an irreparable
deadlock among the directors that is causing harm to the nonprofit corporation. A provisional director has all of
the rights and powers of an elected director, and retains such authority until they are properly removed by court
order or a vote of the directors or members of the nonprofit corporation. (Section 82)

Members
The bill allows the board of directors to serve as a substitute for members for any action when a nonprofit
corporation does not have members or those members are not entitled to act. (Section 25)

The bill establishes that all members of a nonprofit corporation have the same rights and obligations unless the
articles of incorporation or bylaws otherwise provide. (Section 25)

The bill allows a nonprofit corporation to admit members for no consideration or for consideration determined by
the board of directors. (Section 25)

The bill prohibits a nonprofit corporation from being a member of itself. (Section 25)

The bill eliminates the requirement that chapters or affiliates of nonprofit corporations that have the right to vote
must register with the Department of Agriculture and Consumer Services. (Section 25)

The bill creates an exception to the rule that members of a nonprofit corporation are not personally liable, by
allowing a creditor of a nonprofit corporation who has obtained a judgment against the entity to bring a
proceeding against a member who owes money to the entity to the extent of the amount owed. (Section 27)

Membership Interests
The bill allows for the transfer of membership interests for all nonprofit corporations as permitted by its articles of
incorporation or bylaws. (Section 28)

The bill establishes that a member of a nonprofit corporation may resign at any time for any reason. (Section 29)

The bill allows nonprofit corporations to purchase membership interests of its members, as permitted by its
articles of incorporation or bylaws, unless the entity is a 501(c)(3) organization. Such purchase is not considered a
dividend or distribution. However, a nonprofit corporation may not purchase membership interests if doing so
would impair its ability to pay its debts in the usual course of business. (Section 31)

Special Meetings
The bill increases the minimum percentage of members required to call a special meeting to 10% of the votes
entitled on any issue to be considered at the meeting, unless otherwise provided in the articles of incorporation or
bylaws. (Section 32)

Proxy Voting
The bill establishes the default rules governing proxy voting, including the procedure for implementing and
terminating a proxy. (Section 33)

Derivative Proceedings
The bill revises the procedure for derivative proceedings brought on behalf of a nonprofit corporation in the
following ways:
     Grants standing to directors and officers of a nonprofit corporation. (Section 34)
     Allows the filing of a complaint without prior notice to the board of directors when providing such notice
        would be futile. (Section 35)

Mergers
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                                                                                                          CS/HB 797
The bill permits a nonprofit corporation to merge with other eligible entities and does not require the surviving
entity to be a nonprofit corporation. However, if the merging nonprofit entity holds property for a charitable
purpose, the surviving entity must be a nonprofit corporation. (Sections 58 and 59)

The bill revises the default procedure for merger approval. Specifically, the bill provides an exception to the
requirement that the board of directors must make a recommendation on a plan of merger to the members, when
the board of directors is unable to make such recommendation due to a conflict of interest or other special
circumstances. (Section 60)

The bill allows an approved merger to be abandoned any time before the articles of merger have become effective.
A merger may be abandoned in the manner provided by the plan of merger, or in the same manner as the plan was
approved. When a merger is abandoned after the articles of merger have been filed, the nonprofit corporation must
also file a signed statement of abandonment. (Section 60)

The bill establishes a simplified merger process for a merger between a parent and subsidiary when the parent
eligible entity owns at least 80% of the voting power of the subsidiary eligible entity. In such case, the merger does
not require the approval of the board of directors, but does require the parent eligible entity to notify the
subsidiary’s members within 10 days of the merger. (Section 61)

The bill expands the disclosures required in the articles of merger. (Section 62)

Dissolution of Nonprofit Corporations
The bill revises provisions related to known claims against a dissolved nonprofit corporation and establishes court
proceedings to address unknown claims against a dissolved nonprofit corporation. (Sections 72 and 73)

The bill limits the extent of liability for directors of a dissolved nonprofit corporation. (Section 74)

The bill establishes grounds for administrative and judicial dissolution of a nonprofit corporation and provides
alternatives available to the court if such grounds exist. (Sections 75, 76, 77, 78 and 81)

Foreign Nonprofit Corporations
The bill establishes the duties of a registered agent of a foreign nonprofit corporation. (Section 90)

The bill allows a court to stay a proceeding brought by a foreign nonprofit corporation that does not comply with
the registered agent requirement. (Section 90)

The bill establishes proper notice procedures for foreign nonprofit corporations. (Section 93)

The bill provides for the automatic withdrawal of a foreign nonprofit corporation’s qualification to transact
business in Florida when the foreign entity converts to a domestic nonprofit corporation. (Section 95)

The bill establishes a legal framework for a foreign nonprofit corporation that has dissolved, merged, or converted
to a nonfiling entity to withdraw its certificate of authority to transact business in this state. (Section 96)

The bill establishes that the Department of Legal Affairs may bring an action to prevent a foreign nonprofit
corporation from illegally conducting business in the state. (Section 97)




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                                                                                                           CS/HB 797
Domestication
The bill allows both inbound and outbound domestications of nonprofit corporations, as long as the domestication
is permitted by the laws of the jurisdiction where the foreign corporation is organized, and establishes the
procedure for domestication. The bill provides required disclosures and requirements for filing evidence of
domestication with the department and the effect of such filing. The bill allows a plan of domestication to be
amended or abandoned prior to becoming effective. (Sections 108, 109, 110, 111, and 112)

Conversion
The bill revises provisions related to conversion, including the requisite process. Specifically, the bill allows a
domestic nonprofit corporation to become any other domestic or foreign entity. However, if the nonprofit
corporation holds property for a charitable purpose, it may not convert into a for profit entity. Further, if the entity
is a domestic nonprofit corporation holding property for a charitable purpose, it may only become a foreign
nonprofit corporation. (Sections 113, 114, 115, 116, 117, 118, and 119)

Effective Date
The bill provides an effective date of July 1, 2026. (Section 190)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Nonprofit Corporations
A nonprofit corporation is a legal entity incorporated under state law for purposes other than generating profits
for its owners or shareholders. Individual states have the power to promulgate laws relating to the creation,
organization, operation, and dissolution of corporations, including nonprofit corporations. 1

In addition to applicable state statutory schemes, nonprofit corporations are governed by their articles of
incorporation, bylaws, and other internal governing documents. A nonprofit corporation is formed upon filing the
articles of incorporation with the Department of State (Department).2 The articles of incorporation are considered
the highest governing document of a nonprofit corporation and provide all identifying information for the business
entity, the purpose for which the entity is organized, and the default rules of the entity. A nonprofit corporation’s
bylaws are the code of rules adopted for the management of the entity.3

Generally, nonprofit corporations are governed by a board of directors that is responsible for overseeing the
management and affairs of the entity. Nonprofit corporations also may have members who may have the right to
elect directors, approve corporate actions, or vote on matters specified in the corporation’s articles of
incorporation or bylaws.4

Some, but not all, nonprofit corporations benefit from a tax-exempt status under section 501(c)(3) of the Internal
Revenue Code. Common types of nonprofit corporations that have such status include charitable, religious, or
educational organizations, political advocacy organizations, and private foundations.5

Further, nonprofit corporations may be classified as domestic or foreign. Domestic nonprofit corporations are
incorporated under Florida law. Foreign nonprofit corporations are incorporated under the laws of any other




1 Legal Information Institute, Cornell Law School, Nonprofit Corporation,

https://www.law.cornell.edu/wex/nonprofit_corporation (last visited Feb. 3, 2026).
2 S. 617.0203, F.S.
3 S. 617.01401, F.S.
4 Ss. 617.0801 and 617.0601, F.S.
5 IRS, Exempt Organization Types, https://www.irs.gov/charities-non-profits/exempt-organization-types (last visited Feb. 3,

2026).
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                                                                                                       CS/HB 797
jurisdiction.6 As of January 2026, Florida has approximately 196,076 domestic non-profit corporations in
existence.7

Mutual Benefit Corporations
A mutual benefit corporation is a domestic nonprofit corporation that is not organized for religious purposes, is
not tax exempt under section 501(c)(3) of the Internal Revenue Code, and is not organized for a public or
charitable purpose.8 Under the Florida Not For Profit Corporation Act (FNFPCA), mutual benefit corporations are
afforded the following rights that other nonprofit corporations are not:
     The right to transfer membership interests.9
     The right to purchase membership interests of its members.10

Relevant Regulatory Schemes

The Model Corporation Acts
The American Bar Association (ABA) developed the Model Business Corporation Act (MBCA) and the Model
Nonprofit Corporation Act (MNCA) in an attempt to uniformly regulate corporations and nonprofit corporations
across different states. Generally, the MNCA tracks the MBCA, diverging only where necessary to address the
unique aspects of nonprofit corporation law.11

Florida Business Corporation Act
Currently, Florida for profit corporations are regulated under the Florida Business Corporation Act (FBCA)
contained in ch. 607, F.S. In 2019, upon the recommendation of the Business Law Section of The Florida Bar, the
Florida Legislature adopted a comprehensive update to the FBCA, largely aligning Florida statute with the MBCA.12

Florida Not For Profit Corporation Act
Currently, Florida nonprofit corporations are regulated under the FNFPCA contained in ch. 617, F.S. The FNFPCA
has not been significantly amended for over 15 years. As a result, the Business Law Section of The Florida Bar
formed the Ch. 617 Task Force (Task Force) to examine the FNFPCA and recommend necessary amendments. After
a multiyear examination, the Task Force prepared a comprehensive update to the FNFPCA intended to modernize
and harmonize Florida nonprofit corporation and for profit corporation laws. The Task Force’s efforts culminated
in this bill. 13

Corporate Record
A nonprofit corporation must keep comprehensive records of meetings, actions, and committees, maintain
accurate accounting, and have a member list. Additionally, it must keep:14
     Current copies of its articles of incorporation and bylaws, and amendments to each;
     Minutes and member actions from the past three years;
     Communications to members from the past three years;
     A list of current directors and officers, with addresses; and
     The most current annual report filed with the Department.

6 S. 617.01401, F.S.
7 Department of State, Division of Corporations, Yearly Statistics, https://dos.fl.gov/sunbiz/about-us/yearly-statistics/ (last

visited Jan. 16, 2026).
8 S. 617.01401(13), F.S.
9 S. 617.0605, F.S.
10 S. 617.0608, F.S.
11 William L Boyd III, The New Model Nonprofit Corporation Act, American Bar Association, Business Law Section, (Oct. 16,

2023) https://www.americanbar.org/groups/business_law/resources/business-law-today/2023-october/the-new-model-
nonprofit-corporation-act/ (last visited Feb. 3, 2026).
12 See ch. 607, F.S.
13 See The Florida Bar Business Law Section, Task Force Report and Recommendations, https://flabizlaw.org/wp-

content/uploads/2025/09/Ch-617-NonProfit-White-Paper___Final.pdf (last visited Feb. 3, 2026).
14 S. 617.1601, F.S.

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Members of a nonprofit corporation have the right to inspect and copy corporate records. However, nonprofit
corporations may deny requests to inspect the corporate record for improper purposes.15 Upon written request, a
nonprofit corporation must provide a member with its most recent annual financial statements, including a
balance sheet at fiscal year-end and a statement of operations for the year.16

Registered Agent and Registered Office
Every nonprofit corporation must maintain a registered office and a registered agent in the state. The agent can be
an individual resident, a domestic entity, or a foreign entity authorized to do business in the state. Registered
agents must file a written acceptance with the Department confirming their duties.17

Nonprofit corporations cannot file or maintain lawsuits in the state until they have a registered agent.18

Corporate Name
Under the FNFPCA, a nonprofit corporate name must contain the word “corporation” or “incorporated” or an
abbreviation of such and must be distinguishable from the names of all other entities registered with the Division
of Corporations.19 However, the FBCA allows a for profit corporation to register under a nonunique name when the
other entity of the same name consents to its use and the names are not identical.20

Articles of Incorporation
A nonprofit corporation may amend its articles of incorporation at any time. Currently, the procedure for
amending the articles of incorporation for a nonprofit corporation is as follows: 21
     If the nonprofit corporation has members entitled to vote, the board of directors must approve the
        proposed amendment and submit it to the members for approval at an annual or special meeting with
        proper notice.
     If the nonprofit corporation does not have members, or if the members are not entitled to vote on the
        amendments, the board of directors may adopt the amendment by majority vote.

Board of Directors
The board of directors of a nonprofit corporation is responsible for exercising the entity’s corporate powers and
otherwise managing the entity, subject to limitations provided by the articles of incorporation.22 Under the
FNFPCA, directors of a nonprofit corporation must be natural persons who are at least 18 years old. However, the
articles of incorporation or bylaws of a nonprofit corporation may provide additional qualifications for directors.23

Directors of nonprofit corporations are elected or appointed as provided in the articles of incorporation or bylaws.
The number of directors on the board of directors may be amended as provided in the articles of incorporation or
bylaws. However, the FNFPCA requires nonprofit corporations to have a minimum three-person board of
directors.24 Each director serves for a term length specified in the articles of incorporation or bylaws, and may
continue to serve until their successor has been selected.25

Vacancies on a nonprofit corporation’s board of directors may be filled by a majority of the remaining directors, or
if necessary, by the members or by the circuit court in the county where the corporation’s registered office is

15 S. 617.1602, F.S.
16 S. 617.1605, F.S.
17 S. 617.0501, F.S.
18 Id.
19 S. 617.0401, F.S.
20 S. 607.0401, F.S.
21 Ss. 617.1001 and 617.1002, F.S.
22 S. 617.0801, F.S.
23 S. 617.0802, F.S.
24 S. 617.0803, F.S.
25 S. 617.0806, F.S.

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located. However, vacancies involving directors elected by a class, chapter or similar group must be filled by that
group, or by directors elected by that group. Directors appointed to fill vacancies generally serve until the next
annual election.26

Under the FNFPCA, directors of a nonprofit corporation may be removed as provided in the articles of
incorporation or bylaws. Generally, directors may be removed with or without cause by the members or directors
who elected or appointed them, subject to voting thresholds.27

Directors of a nonprofit corporation must perform their duties in good faith, with the care an ordinarily prudent
person would exercise in similar circumstances, and in a manner they reasonably believe is in the best interest of
the corporation.28

A contract or transaction between a nonprofit corporation and one of its directors is not automatically void or
voidable solely because of the director’s conflicting interest. Under the FNFPCA, such transaction is valid if the
conflicting interest is disclosed and the transaction is subsequently approved by either a majority of the
disinterested directors or a majority of the members entitled to vote, or if the transaction is fair and reasonable to
the nonprofit corporation at the time it is authorized.29

Officers
A nonprofit corporation’s articles of incorporation or bylaws may specify corporate officers the entity is required
to maintain, including how each must be selected. If no such provisions exist, officers are elected or appointed
annually by the board of directors.30

Officers of a nonprofit corporation are responsible for performing the duties established in the bylaws, or as
assigned by the board of directors or another authorized officer.31

Members
A nonprofit corporation may have one or more classes of members, or no members at all. If the nonprofit
corporation has members, the articles of incorporation or bylaws must set forth the class designations, member
qualifications and rights, voting and quorum requirements, and notice procedures. Further, members have no
rights except those provided in the articles of incorporation or bylaws.32

Members of a nonprofit corporation are not personally liable for any act, debt, or obligation of the entity.33

Membership Interests
Members of a nonprofit corporation are generally prohibited from transferring a membership interest, or any
rights arising from membership, unless the articles of incorporation or bylaws provide otherwise.34 Further, a
nonprofit corporation may not purchase the membership of its members.35

A nonprofit corporation may only expel, suspend, or terminate a member’s membership interest through a fair and
reasonable procedure carried out in good faith. A member who has been expelled, suspended, or terminated has



26 S. 617.0809, F.S.
27 S. 617.0808, F.S.
28 S. 617.0830, F.S.
29 S. 617.0832, F.S.
30 S. 617.0840, F.S.
31 S. 617.0841, F.S.
32 S. 617.0601, F.S.
33 S. 617.0604, F.S.
34 S. 617.0605, F.S.
35 S. 617.0608, F.S.

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one year to challenge such action. Further, expulsion or suspension does not relieve the member from obligations
incurred prior to the expulsion or suspension.36

Member Meetings
Nonprofit corporations may hold annual, regular, and special member meetings. The board of directors is
responsible for setting the time and place of any annual and special meeting, in accordance with the its articles of
incorporation or bylaws. 37

Special meetings may be called by the board of directors, corporate officers, or members of the nonprofit
corporation. Under the FNFPCA, the minimum percentage of members required to call a special meeting is 5% of
the votes entitled on any issue to be considered at the meeting.38

Member Voting
Members of a nonprofit corporation are entitled to vote only if the articles of incorporation or bylaws grant that
right. If members are entitled to vote, they may do so in person, by proxy, or when authorized, by remote
communication.39 Proxy voting is when a member authorizes another person to vote on their behalf at a meeting.40

Derivative Proceedings
A derivative action is a lawsuit brought by a shareholder on behalf of a corporate entity to enforce a corporate
cause of action against officers, directors, or third parties.41 A member of a nonprofit corporation may bring a
derivative action on behalf of the entity, but only if the member was a member at the time of the challenged
conduct, or became a member by operation of law from someone who was. Under the FNFPCA, an individual must
make a demand on the board of directors before commencing a derivative proceeding. After the demand is made,
the board of directors has 90 days to respond. A derivative action may be commenced before the expiration of 90-
day period only if: 42
     The demand was rejected in writing; or
     Waiting 90 days would result in irreparable injury to the nonprofit corporation.

Mergers
A merger is a legal process in which two or more business entities combine into a single entity. One entity is
deemed to survive and acquires all of the assets and liabilities of the entity that is absorbed.43

Two or more domestic nonprofit corporations may merge into a single domestic corporation through an approved
plan of merger. Each nonprofit corporation must adopt a plan specifying:44
     The names of the merging nonprofit corporations;
     The name of the surviving corporation;
     The terms and conditions of the merger;
     Any changes to the surviving corporation’s articles of incorporation; and
     How memberships will be converted into memberships, obligations, securities, cash, or other property.




36 S. 617.0607, F.S.
37 S. 617.0701, F.S.
38 S. 617.0701, F.S.
39 S. 617.0721, F.S.
40 S. 607.0722, F.S.
41 S. 607.01401(17), F.S.
42 S. 617.07401, F.S.
43 Legal Information Institute, Cornell Law School, Merger, https://www.law.cornell.edu/wex/merger (last visited Feb. 3,

2026).
44 S. 617.1101, F.S.

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Under the FNFPCA, a nonprofit corporation may only merge with another nonprofit corporation. The surviving
entity of a merger between two or more nonprofit corporations must be a nonprofit corporation.45

A plan of merger must be approved by either the majority of members entitled to vote, or if the nonprofit
corporation has no voting members, by a majority of the board of directors. After approval, the board may abandon
the proposed merger at any time prior to filing the articles of merger, unless the plan specifically requires member
approval.46

Dissolution of Nonprofit Corporations
Dissolution is the legal process through which a corporation ceases business operations, winds up its affairs, and
distributes its assets.47 To dissolve a nonprofit corporation, a resolution must be adopted either by a majority of
voting members, or when there are not voting members, by a majority of the board of directors.48

Upon dissolution, a nonprofit corporation remains in existence but may act only to wind up and liquidate its affairs.
Dissolution does not transfer property, change governance rules, alter director or officer duties, terminate ongoing
legal proceedings or affect the authority of the registered agent. Further, directors, officers, and agents maintain
personal liability protection for acts taken in connection with dissolution.49

Unknown Claims Against Dissolved Nonprofit Corporation
A dissolved corporation may address unknown claims either by filing a notice of dissolution with the Department
or by publishing a notice in a local newspaper, specifying the corporation’s name, dissolution date, and claim
submission instructions. Claims against the nonprofit corporation are barred after four years if the nonprofit
corporation followed the proper procedure.50

Claims may be satisfied from the nonprofit corporations undistributed assets or from the pro rata share of assets
received by members, with liability capped at the amount distributed.51

Known Claims Against Dissolved Nonprofit Corporation
A dissolved corporation may resolve known claims by notifying claimants of the dissolution, specifying the claim
status, amount, and submission deadlines. Contingent, conditional, or unmatured claims must also be addressed
and unresolved disputes may be submitted to the appropriate circuit court. Claims must be paid or adequately
secured in full if funds are sufficient, or ratably if insufficient, before any remaining assets are distributed.52

Directors who comply with the required procedures are not personally liable. Members’ liability is limited to their
pro rata share of distributed assets.53

Administrative Dissolution
The Department may administratively dissolve a nonprofit corporation for failing to file its annual report, lacking a
registered agent or office, not updating agent or office information, failing to respond to inquiries, or if its stated
duration has expired, among other grounds.54 When the Department identifies grounds for dissolution, it must



45 S. 617.1102, F.S.
46 S. 617.1103, F.S.
47 Legal Information Institute, Cornell Law School, Dissolution of Corporation,

https://www.law.cornell.edu/wex/dissolution_of_corporation (last visited Feb. 3, 2026).
48 S. 617.1402, F.S.
49 S. 617.1405, F.S.
50 S. 617.1407, F.S.
51 Id.
52 S. 617.1408, F.S.
53 Id.
54 S. 617.1420, F.S.

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notify the nonprofit corporation. The nonprofit corporation has 60 days to correct or demonstrate no such grounds
exist. If the nonprofit corporation fails to do so, a certificate of dissolution is issued by the Department.55

Judicial Dissolution
A circuit court may dissolve a nonprofit corporation in the following circumstances:56
     At the request of the Department of Legal Affairs, if the nonprofit corporation was fraudulently formed or
        has exceeded its legal authority.
     At the request of its members or directors, if deadlocks threaten the corporation, directors cannot be
        elected, or assets are being wasted.
     At the request of a creditor, if the nonprofit corporation is insolvent and the creditor’s claim is unpaid or
        acknowledged.
     At the request of the nonprofit corporation itself, to continue a voluntary dissolution under court
        supervision.

Foreign Nonprofit Corporations
A foreign nonprofit corporation authorized to do business in Florida must continuously maintain a registered
office and a registered agent in the state. The registered agent can be an individual resident, a domestic entity, or a
foreign entity authorized to do business in Florida, provided their business address matches the registered office.
Each registered agent must file a written statement with the Department of State accepting the appointment and
acknowledging the responsibilities of the role.57

A foreign nonprofit corporation may change its registered office or registered agent by filing a statement of change
with the Department.58 Further, a registered agent of a foreign nonprofit corporation may resign by filing a
statement of resignation with the Department and sending a copy to the nonprofit corporation’s principal office.59

A foreign nonprofit corporation may be served with legal process through its registered agent, or through certain
officers or any person listed on the nonprofit corporation’s most recent annual report. Alternatively, service may
be made on the Secretary of State.60

Under the FNFPCA, a foreign nonprofit corporation must apply for and obtain a certificate of withdrawal from the
Department before it can formally cease operations in the state. To apply, the nonprofit corporation must submit a
prescribed form stating its name, its jurisdiction, that it is no longer conducting business in the state, and that it
revokes its registered agent’s authority.61

Domestication
A foreign nonprofit corporation may become domesticated in Florida by filing a certificate of domestication and its
articles of incorporation with the Department. The certificate must identify the corporation’s original formation
date and jurisdiction, its name before domestication, its new name, and its prior principal place of business.62

Upon filing, the nonprofit corporation is considered domesticated in Florida, though its original formation date
remains effective. Domestication does not alter existing liabilities or obligations, and the nonprofit corporation’s
property, liabilities, pending actions, articles of incorporation, and membership interests remain unchanged. After
domestication, Florida law applies to the nonprofit corporation as if it had originally incorporated in the state.63


55 S. 617.1421, F.S.
56 S. 617.1430, F.S.
57 S. 617.1507, F.S.
58 S. 617.1508, F.S.
59 S. 617.1509, F.S.
60 S. 617.1510, F.S.
61 S. 617.1520, F.S.
62 S. 617.1803, F.S.
63 Id.

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Conversion
Conversion requires filing a signed petition in the circuit court where the corporation’s principal office is located,
stating the entity’s purposes and requesting the change. A for profit corporation may convert to a nonprofit
corporation if it is solely engaged in purposes allowed for nonprofit corporations under Florida law. Once
approved by the court, the new nonprofit corporation takes over all rights, assets, and liabilities of the original for
profit corporation.64

To convert a for-profit corporation to a nonprofit corporation, the conversion petition must include:65
     Written consent of all shareholders;
     Statement affirming the new nonprofit will accept all property and assume all debts and liabilities of the
       original corporation; and
     Proposed articles of incorporation.

OTHER RESOURCES:
Model Nonprofit Corporation Act Fourth Edition

Model Nonprofit Corporation Act Resource Center

Ch-617-NonProfit-White-Paper___Final.pdf


                                                          BILL HISTORY
                                                                                                     STAFF
                                                                                                   DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                     ACTION           DATE                                     POLICY CHIEF           PREPARED BY
Industries & Professional Activities    15 Y, 0 N      1/14/2026                                     Anstead                Bunnell
Subcommittee
Civil Justice & Claims               16 Y, 0 N, As CS  1/21/2026                                       Jones                  Mawn
Subcommittee
THE CHANGES ADOPTED BY THE Made technical, clarifying changes.
COMMITTEE:
Commerce Committee                                                                                    Hamon                  Bunnell


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




64 S. 617.1805, F.S.
65 S. 617.1806, F.S.

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           CS/HB 797                                                                                            2026




    1                                         A bill to be entitled
    2              An act relating to nonprofit corporations; amending s.
    3              617.01011, F.S.; renaming the "Florida Not For Profit
    4              Corporation Act" as the "Florida Nonprofit Corporation
    5              Act"; amending s. 617.01201, F.S.; providing
    6              applicability; providing that provisions of a plan or
    7              filed document may not be made dependent upon facts
    8              outside the plan or filed document; requiring a
    9              corporation to file articles of amendment with the
10                 Department of State under certain circumstances;
11                 providing that articles of amendment are deemed to be
12                 authorized by the authorization of the original filed
13                 document to which they relate; providing that such
14                 articles of amendment may be filed by the corporation
15                 without further action by the board of directors or
16                 the members; defining the terms "filed document" and
17                 "plan"; making technical changes; amending s.
18                 617.0123, F.S.; providing that a document accepted for
19                 filing may specify an effective time and a delayed
20                 effective date; providing that a previous effective
21                 date may be specified in the initial articles of
22                 incorporation if such date is within a specified
23                 timeframe; specifying when a document accepted for
24                 filing is effective; providing that the date or time
25                 at which a document is filed is the time and date at

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        CS/HB 797                                                                                            2026




26              the place of filing in this state; amending s.
27              617.0124, F.S.; revising the circumstances in which a
28              domestic or foreign corporation may correct a document
29              filed with the department; prohibiting articles of
30              correction from containing a delayed effective date
31              for the correction; authorizing a corporation to
32              withdraw a filing delivered to the department before
33              it takes effect by delivering a withdrawal statement
34              to the department for filing; specifying what
35              information must be included in a withdrawal
36              statement; providing that the action or transaction
37              evidenced by the original filing does not take effect
38              upon the filing of a withdrawal statement by the
39              department; amending s. 617.0126, F.S.; revising what
40              a domestic or foreign corporation may do if the
41              department refuses to file a document delivered to its
42              office for filing; amending s. 617.0127, F.S.;
43              requiring all courts, public offices, and official
44              bodies to receive all certificates issued by the
45              department as prima facie evidence of certain facts;
46              amending s. 617.0128, F.S.; requiring the department
47              to issue, upon request, a certificate of status for a
48              domestic corporation or a certificate of authorization
49              for a foreign corporation; amending s. 617.01301,
50              F.S.; revising who must answer interrogatories

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        CS/HB 797                                                                                            2026




51              directed at a corporation; making technical changes;
52              amending s. 617.01401, F.S.; defining, revising, and
53              deleting terms; amending s. 617.0141, F.S.; requiring
54              written and oral notice to be communicated in a
55              specified manner; making technical changes; creating
56              s. 617.0143, F.S.; defining terms; providing that a
57              director is not automatically prevented from being a
58              qualified director under certain circumstances;
59              amending s. 617.0202, F.S.; revising the contents of
60              the articles of incorporation; amending s. 617.0204,
61              F.S.; deleting an exception for liability for
62              preincorporation transactions; amending s. 617.0206,
63              F.S.; providing an exception when the initial bylaws
64              of a corporation must be adopted by its board of
65              directors; amending s. 617.0302, F.S.; revising the
66              corporate powers of nonprofit corporations; amending
67              s. 617.0304, F.S.; making technical changes; amending
68              s. 617.0401, F.S.; authorizing a corporation to
69              register under a name that is not otherwise
70              distinguishable on the records of the department under
71              certain circumstances; providing that the corporate
72              name as filed with the department is for public notice
73              only and does not alone create any presumption of
74              ownership of such name; providing applicability;
75              amending s. 617.0403, F.S.; authorizing a foreign

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         CS/HB 797                                                                                            2026




76               corporation that has registered its name to conduct
77               its affairs in this state; making technical changes;
78               amending s. 617.0501, F.S.; specifying the duties of a
79               registered agent; deleting the definition for the term
80               "authorized entity"; authorizing a court to stay a
81               proceeding commenced by a corporation until the
82               corporation is in compliance; making technical
83               changes; amending s. 617.0502, F.S.; revising the
84               information required in a statement filed with the
85               department for a corporation requesting to change its
86               registered office or its registered agent; deleting a
87               provision that a registered agent may resign by
88               signing and delivering to the department a statement
89               of resignation; revising the statement of resignation
90               requirements; deleting the notification requirements
91               for a registered agent who changes his or her business
92               name or business address; deleting a provision that a
93               registered office or registered agent may be changed
94               on the corporation's annual report form filed with the
95               department; deleting a requirement that the department
96               collect a fee for filings; creating s. 617.05021,
97               F.S.; authorizing a registered agent to resign as
98               agent for a corporation in a specified manner under
99               certain circumstances; providing applicability;
100              providing that a registered agent is terminated upon

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         CS/HB 797                                                                                            2026




101              the department filing certain documents; providing
102              that a registered agent ceases to have responsibility
103              for any matter tendered to the agent once a statement
104              of resignation takes effect; authorizing a registered
105              agent to resign from a corporation regardless of
106              whether the corporation has active status; creating s.
107              617.05022, F.S.; authorizing a registered agent
108              seeking to change the registered agent's name or
109              business address to file with the department a
110              statement of change; specifying the information to be
111              included in the statement of change; requiring a
112              registered agent to furnish notice of the statement of
113              change to the represented corporation; providing that
114              the statement of change is effective when filed by the
115              department; providing that such changes may be made by
116              the corporation with other filings by the department;
117              requiring the department to collect a fee for filings;
118              amending s. 617.0503, F.S.; deleting applicability for
119              alien business organizations; revising the testimony
120              and records required to be produced for the Department
121              of Legal Affairs by certain domestic or foreign
122              corporations; deleting definitions; making technical
123              changes; amending s. 617.0505, F.S.; prohibiting a
124              corporation from paying any dividend and making
125              distributions of any part of its net income or net

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         CS/HB 797                                                                                            2026




126              earnings to its members, directors, or officers;
127              revising exceptions; providing that a dividend or
128              distribution by a nonprofit insurance company
129              subsidiary is not a distribution under certain
130              circumstances; making technical changes; amending s.
131              617.0601, F.S.; providing that, for certain nonprofit
132              corporations, notice to, the presence of, or the vote,
133              consent, or other action by a board of directors
134              satisfies a specified requirement; requiring
135              corporation members who have no other rights except as
136              provided in the articles of incorporation or the
137              bylaws to have the same rights and obligations as
138              every other member; authorizing a corporation to admit
139              members for no consideration or for such consideration
140              as determined by the board of directors; providing
141              that such consideration may take any form; providing
142              that payment of such consideration may be made as set
143              forth in or authorized by the articles of
144              incorporation, the bylaws, or the action of the board
145              of directors; prohibiting a corporation from being a
146              member of itself or exercising the rights of a member
147              with respect to itself; providing that a corporation's
148              purchase of its own membership interest is canceled
149              under certain circumstances; making technical changes;
150              creating s. 617.0603, F.S.; authorizing a corporation

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         CS/HB 797                                                                                            2026




151              to pay certain compensation to and confer certain
152              benefits upon its members, directors, officers,
153              agents, and employees; authorizing a corporation to
154              make certain distributions to its members and others
155              upon dissolution or final liquidation; providing that
156              such payments, benefits, or distributions may not be
157              deemed to be a dividend or a distribution of income or
158              earnings; amending s. 617.0604, F.S.; authorizing a
159              corporation to levy dues, assessments, and fees on its
160              members to the extent authorized by the articles of
161              incorporation or bylaws; providing that such dues,
162              assessments, and fees may be imposed on members of the
163              same class in alike or different amounts or
164              proportions, and imposed on a different basis on
165              different classes of members; providing that certain
166              members may be made exempt from such dues,
167              assessments, and fees to the extent provided in the
168              articles of incorporation or bylaws; providing that
169              the amount and method of collecting such dues,
170              assessments, and fees may be fixed in the articles of
171              incorporation or bylaws, or by the board of directors
172              or its members; providing that the articles of
173              incorporation or bylaws may provide reasonable means
174              to enforce the collection of such dues, assessments,
175              and fees; prohibiting a creditor of a corporation from

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         CS/HB 797                                                                                            2026




176              bringing a proceeding to reach the liability of a
177              member of the corporation unless certain conditions
178              are met; authorizing all creditors of a corporation to
179              intervene in any other creditor's proceeding brought
180              to reach and apply unpaid amounts due from the
181              corporation; authorizing all members who owe unpaid
182              amounts to the corporation to be joined in the
183              proceeding; providing that satisfaction of a debt owed
184              to a creditor by the corporation through payment of a
185              member who owes unpaid amounts to the corporation
186              satisfies the debt of the corporation to the creditor
187              and the debt of the member to the corporation to the
188              extent so paid by the member to the creditor; amending
189              s. 617.0605, F.S.; revising the process by which
190              membership interests of a corporation may be
191              transferred; amending s. 617.0606, F.S.; authorizing a
192              member to resign at any time for any reason; amending
193              s. 617.0607, F.S.; providing that a member who had a
194              membership suspended or terminated may be liable to
195              the corporation for dues, assessments, or fees for
196              obligations incurred or commitments made before the
197              expulsion, suspension, or termination; providing that
198              any such expulsion, suspension, or termination does
199              not relieve the member of any obligations or
200              commitments made before the expulsion, suspension, or

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         CS/HB 797                                                                                            2026




201              termination; authorizing a corporation to levy fines
202              or penalize its members if such actions are authorized
203              in the articles of incorporation or bylaws;
204              prohibiting the levy of certain penalties until after
205              the corporation has provided notice to the member
206              concerned and has afforded the affected member an
207              opportunity to be heard on the matter; amending s.
208              617.0608, F.S.; prohibiting certain corporations from
209              purchasing the membership interests or any rights
210              arising from membership of any of their members;
211              authorizing certain other corporations to purchase the
212              membership interest of any member or any right arising
213              from membership, subject to the articles of
214              incorporation or bylaws; providing that payment for
215              such membership interest or right arising from
216              membership is not a dividend or a distribution of
217              income or earnings; providing circumstances in which a
218              corporation may purchase the membership interests of a
219              member who resigns; amending s. 617.0701, F.S.;
220              authorizing a corporation with members to hold
221              meetings for certain purposes; providing that
222              specified meetings may be held in or out of this
223              state; providing that failure to hold a required
224              annual meeting does not work a forfeiture or
225              dissolution of the corporation and does not affect the

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         CS/HB 797                                                                                            2026




226              validity of any corporate action; revising when
227              special meetings of the members may be called;
228              providing that a written demand for a special meeting
229              may be revoked by a writing received by the
230              corporation before receiving the written demands from
231              certain members sufficient in number to require
232              holding the special meeting; providing that any
233              business other than that described in the meeting
234              notice may not be conducted at the meeting;
235              authorizing special meetings to be held in or out of
236              this state at a place stated in or fixed in accordance
237              with the articles of incorporation and bylaws;
238              requiring that special meetings be held at the
239              corporation's principal office if no such place is
240              stated in or fixed in the articles of incorporation
241              and bylaws or in the notice of special meeting;
242              providing that action taken by written consent is
243              effective when such written consent is signed by
244              members entitled to cast the required number of votes
245              on the action and has been delivered to the
246              corporation; requiring that, for corporations whose
247              nonvoting members must be given notice of proposed
248              corporate action, proper notice be given to the
249              nonvoting members after obtaining authorization by
250              written consent; authorizing members to waive any

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         CS/HB 797                                                                                            2026




251              required notice within a certain timeframe; requiring
252              that such waiver be in writing, signed by the member,
253              and delivered to the corporation for filing; providing
254              that a member's attendance at a meeting waives certain
255              objections; making technical changes; amending s.
256              617.0721, F.S.; providing that a member or a member's
257              attorney in fact may appoint a proxy to vote or
258              otherwise act for the member for certain duties;
259              requiring that an appointment form contain certain
260              information; specifying when an appointment of a proxy
261              is effective and valid; providing that the death or
262              incapacity of a member who appoints a proxy does not
263              affect the right of the corporation to accept the
264              proxy's authority under certain circumstances;
265              authorizing a member to revoke appointment of a proxy;
266              providing an exception; providing that a corporation
267              may reject a ballot or demand, as well as a vote,
268              consent, waiver, or proxy appointment, under certain
269              circumstances; providing that members of any class,
270              their attorneys-in-fact, and proxies may participate
271              in any meeting of members to the extent that the board
272              of directors authorizes such participation for such
273              class; limiting participation by remote communication
274              to the guidelines and procedures adopted by the board
275              of directors; providing that members, their attorneys-

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         CS/HB 797                                                                                            2026




276              in-fact, and proxies who participate by means of
277              remote communication are deemed present in person and
278              may vote at a meeting under certain circumstances;
279              requiring that a vote or action taken by a member, a
280              member's attorney in fact, or a proxy by means of
281              remote communication be maintained by the corporation;
282              providing that a meeting may be held solely by means
283              of remote communication only under certain
284              circumstances; making technical changes; creating s.
285              617.0741, F.S.; prohibiting directors, officers, or
286              members from commencing a proceeding in the right of a
287              domestic or foreign corporation unless certain
288              circumstances exist; creating s. 617.0742, F.S.;
289              specifying requirements for a complaint in a
290              proceeding brought in the right of a corporation;
291              creating s. 617.0743, F.S.; authorizing the court to
292              stay a derivative proceeding if the corporation
293              commences an inquiry into the allegations made in the
294              demand or complaint; creating s. 617.0744, F.S.;
295              authorizing the court to dismiss a derivative
296              proceeding on motion by the corporation if a certain
297              determination is made by specified persons; providing
298              that the corporation has the burden of proof in all
299              such cases in regard to certain issues; authorizing
300              the court to appoint a panel of disinterested and

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         CS/HB 797                                                                                            2026




301              independent persons to make such determination;
302              providing construction; creating s. 617.0745, F.S.;
303              providing that a derivative action may not be
304              discontinued or settled without the court's approval;
305              requiring the court to direct that notice be given to
306              certain members under certain circumstances;
307              authorizing the court to determine which party bears
308              the expense of giving such notice; creating s.
309              617.0746, F.S.; authorizing the court to take
310              specified action upon the termination of a derivative
311              proceeding; creating s. 617.0747, F.S.; providing
312              applicability; amending s. 617.0803, F.S.; revising
313              the number of persons to serve on the board of
314              directors; creating s. 617.0804, F.S.; specifying the
315              manner in which directors of membership and
316              nonmembership corporations are elected; creating s.
317              617.0805, F.S.; providing that the articles of
318              incorporation or bylaws may specify the terms of
319              directors; providing that if a term is not specified
320              in the articles of incorporation or bylaws, the term
321              of a director is 1 year; providing that a decrease in
322              the number of directors does not affect an incumbent
323              director's term; providing that the term of a director
324              elected to fill a vacancy expires at the end of the
325              term the director is filling; providing that a

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         CS/HB 797                                                                                            2026




326              director continues to serve after his or her term
327              expires until the director's successor takes office;
328              amending s. 617.0808, F.S.; providing that a director
329              may be removed under certain circumstances; amending
330              s. 617.0809, F.S.; revising the manner in which a
331              vacancy on the board of directors is filled; deleting
332              a requirement that the term of a director elected or
333              appointed to fill a vacancy expires at the next annual
334              meeting to elect directors; deleting a provision
335              authorizing a vacancy caused by an increase in the
336              number of directors to be filled by the board of
337              directors in a specified manner; creating s.
338              617.08091, F.S.; authorizing the court to remove a
339              director from office in a proceeding commenced by or
340              in the right of the corporation if the court makes
341              certain findings; limiting the persons who may bring
342              such an action; requiring that an action by a member
343              be brought only if the member or members collectively
344              bringing action have a specified voting power;
345              authorizing the court to bar the director from being
346              reelected, redesignated, or reappointed for a period
347              prescribed by the court; providing construction;
348              amending s. 617.0820, F.S.; revising the criteria for
349              when meetings of the board of directors may be called;
350              authorizing that regular meetings of the board of

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         CS/HB 797                                                                                            2026




351              directors may be held without notice of date, time,
352              place, or purpose; requiring that special meetings of
353              the board of directors be preceded by a certain amount
354              of notice of the date, time, and place of the meeting;
355              amending s. 617.0821, F.S.; requiring that actions
356              taken without a meeting be delivered to the
357              corporation; revising when certain action taken is
358              effective; providing that a director's consent may be
359              withdrawn by a revocation signed by the director and
360              delivered to the corporation before delivery to the
361              corporation of certain unrevoked written consents;
362              amending s. 617.0823, F.S.; revising the list of what
363              a director waives when he or she signs a waiver of
364              notice and attends a meeting of the board of
365              directors; amending s. 617.0830, F.S.; specifying the
366              standards of conduct a member of the board of
367              directors or a board committee must conform to in
368              discharging his or her duties; authorizing members to
369              rely on certain persons in discharging their duties;
370              providing that a director is not a trustee in certain
371              respects; amending s. 617.0832, F.S.; defining terms;
372              providing that if a director's conflict of interest
373              transaction is fair to the corporation at the time
374              that transaction is authorized, approved, effectuated,
375              or ratified, the transaction is not void or voidable,

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         CS/HB 797                                                                                            2026




376              and is not grounds for relief, damages, or other
377              sanctions; providing that the person challenging the
378              validity of such transaction or seeking relief has the
379              burden of proving certain facts; specifying the burden
380              of proof for the person defending or asserting the
381              validity of the director's conflict of interest;
382              providing that the presence of or a vote cast by a
383              director with an interest in a transaction does not
384              affect the validity of the action if the transaction
385              is otherwise authorized, approved, or ratified by the
386              board of directors; authorizing a party challenging
387              the validity of the transaction to assert and prove
388              that a director or member was not disinterested on
389              certain grounds for the purpose of voting on,
390              consenting to, or approving the transaction; requiring
391              that an action to satisfy certain authorization
392              requirements be taken by the board of directors or a
393              committee in order to authorize the transaction under
394              certain circumstances; requiring that action be taken
395              to satisfy certain requirements by the members or a
396              committee in order to authorize the transaction under
397              certain circumstances; reordering and amending s.
398              617.0834, F.S.; revising immunity and liability of
399              certain persons; specifying when such persons are
400              deemed not to have derived an improper personal

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         CS/HB 797                                                                                            2026




401              benefit from any transaction under certain
402              circumstances; revising the definition of the term
403              "recklessness"; providing construction; amending s.
404              617.0835, F.S.; revising applicability; creating s.
405              617.0844, F.S.; providing the standards of conduct an
406              officer must conform to in discharging his or her
407              duties; authorizing officers to rely on certain
408              persons in discharging their duties; specifying the
409              duties of an officer; providing that an officer is not
410              a trustee with respect to the corporation or any
411              property held or administered by the corporation in
412              trust; amending s. 617.1001, F.S.; revising the
413              authority of the corporation to amend its articles of
414              incorporation; amending s. 617.1002, F.S; revising the
415              procedure for amending the articles of incorporation;
416              amending s. 617.1006, F.S.; requiring that an
417              amendment to the articles of incorporation be
418              delivered to the department for filing articles of
419              amendment; specifying what must be set forth in such
420              articles of amendment; amending s. 617.1101, F.S.;
421              revising the plan of merger for certain entities;
422              specifying what a plan of merger must include;
423              providing that terms of a plan of merger may be made
424              dependent upon facts objectively ascertainable outside
425              the plan; authorizing amendments to a plan of merger

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         CS/HB 797                                                                                            2026




426              with the consent of each party to the merger, except
427              as provided in the plan; authorizing a domestic party
428              to a merger to approve an amendment to a plan in a
429              certain manner; amending s. 617.1102, F.S.; revising
430              the limitations on merger for certain corporations
431              that hold property for a charitable purpose; amending
432              s. 617.1103, F.S.; specifying the manner in which a
433              plan of merger must be adopted for a domestic
434              corporation whose members are entitled to vote on the
435              merger; authorizing the adoption of a plan of merger
436              at the meeting of the board of directors for certain
437              domestic corporations; providing that a plan of merger
438              may be abandoned after the plan has been approved but
439              before the articles of merger are effective; providing
440              that the plan may be abandoned by the board of
441              directors in the same manner as the plan of merger was
442              approved by a domestic corporation or a merging
443              domestic eligible entity; requiring that a statement
444              of abandonment signed by all parties that signed the
445              articles of merger be delivered to the department if
446              the merger is abandoned after articles of merger were
447              delivered to the department for filing but before the
448              articles of merger become effective; specifying what
449              must be in a statement of abandonment; creating s.
450              617.1104, F.S.; authorizing a domestic or foreign

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         CS/HB 797                                                                                            2026




451              parent eligible entity that holds membership in a
452              domestic corporation and that carries a specified
453              percentage of voting power of the domestic corporation
454              to merge the subsidiary into itself or into another
455              specified domestic or foreign eligible entity or to
456              merge itself into the subsidiary; providing that such
457              mergers do not require approval of the board of
458              directors or members of the subsidiary unless
459              required; providing that articles of merger do not
460              need to be signed by the subsidiary entity; requiring
461              the parent eligible entity to notify subsidiary
462              members within a specified timeframe; providing
463              construction; amending s. 617.1105, F.S.; requiring
464              that the articles of merger be signed by each party to
465              the merger if the merger has been approved; providing
466              an exception; specifying what must be included in the
467              articles of merger; requiring that the articles of
468              merger be delivered to the department for filing;
469              specifying when a merger becomes effective;
470              authorizing the filing of articles of merger in a
471              specified manner under certain circumstances; amending
472              s. 617.1106, F.S.; revising the effects of a merger
473              once such merger becomes effective; providing that a
474              merger does not give rise to any rights that any
475              interest holder or third party would have upon a

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         CS/HB 797                                                                                            2026




476              dissolution, liquidation, or winding up of that party;
477              providing that a party to a merger is not required to
478              wind up its affairs and cause its dissolution or
479              termination; prohibiting certain property held in
480              trust or otherwise used for charitable purposes from
481              being diverted from such purposes except as provided
482              by law; providing that any bequest, devise, gift,
483              grant, or promise contained in certain instruments
484              inures to the survivor of the merger; providing that a
485              trust obligation that would govern property if the
486              property is directed to be transferred to the
487              nonsurviving party is transferred to the surviving
488              party of a merger; amending s. 617.1107, F.S.;
489              deleting provisions related to mergers of foreign
490              corporations and domestic corporations under certain
491              circumstances; requiring a foreign eligible entity
492              that survives a merger to comply with ch. 617, F.S.;
493              deleting a provision to allow abandonment of merger
494              under certain circumstances; amending s. 617.1202,
495              F.S.; revising the manner in which a corporation may
496              sell, lease, exchange, or otherwise dispose of all, or
497              substantially all, of its property; specifying the
498              manner in which a board of directors proposes and its
499              members approve the proposed transaction; authorizing
500              the corporation to abandon such disposition of

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         CS/HB 797                                                                                            2026




501              property without action by the members; providing
502              exceptions; providing construction; reenacting and
503              amending s. 617.1401, F.S.; revising what must be set
504              forth in articles of dissolution; amending s.
505              617.1402, F.S.; making technical changes; amending s.
506              617.1403, F.S.; defining the term "dissolved
507              corporation"; reenacting and amending s. 617.1405,
508              F.S.; authorizing the circuit court to appoint a
509              trustee, custodian, receiver, or provisional director
510              for any property owned or acquired by the corporation
511              to conduct its affairs for winding up and liquidating
512              its affairs if any director or officer of the
513              dissolved corporation is unwilling or unable to serve
514              or cannot be located; prohibiting certain property
515              held in trust from being diverted from its trust or
516              charitable purpose unless done so under certain
517              circumstances; amending s. 617.1406, F.S.; deleting
518              obsolete language; making technical changes; amending
519              s. 617.1407, F.S.; revising the notice requirements
520              that a dissolved corporation or successor entity must
521              file with the department; revising the claimants who
522              may bring a claim against a dissolved corporation or
523              successor entity; providing conditions under which
524              certain claims are barred; amending s. 617.1408, F.S.;
525              authorizing that a dissolved corporation or successor

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         CS/HB 797                                                                                            2026




526              entity may dispose of known claims against it by
527              giving written notice to its known claimants of the
528              dissolution within a specified timeframe after a
529              specified timeframe; specifying what must be in such
530              written notice; authorizing that a dissolved
531              corporation or successor entity may reject a claim
532              submitted by a claimant and received before the
533              specified timeframe by mailing notice of the rejection
534              to the claimant within a specified timeframe;
535              specifying what must be included in such notice;
536              providing that a claim against a dissolved corporation
537              is barred under certain circumstances; defining the
538              term "known claim"; providing that such notice does
539              not revive any claim then barred or acknowledge that
540              any person to whom such notice is sent is a proper
541              claimant and does not operate as a waiver of any
542              defenses or counterclaims; creating s. 617.1409, F.S.;
543              authorizing a dissolved corporation to file with the
544              circuit court for a determination of the amount and
545              form of security to be provided for payment of unknown
546              claims; specifying certain notice requirements of such
547              proceeding; authorizing the court to appoint a
548              guardian ad litem for a specified purpose; requiring
549              the dissolved corporation to pay the reasonable fees
550              and expenses of the guardian ad litem; providing that

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         CS/HB 797                                                                                            2026




551              provisions by the dissolved corporation for security
552              ordered by the court satisfies the dissolved
553              corporation's obligations with respect to certain
554              claims; creating s. 617.14091, F.S.; providing that
555              directors of certain dissolved corporations are not
556              personally liable to its claimants; authorizing
557              certain claims from being enforced against the
558              dissolved corporation's undistributed assets and a
559              member of the dissolved corporation on a pro rata
560              share of the claim or the corporate assets distributed
561              to such member, whichever is less; providing
562              construction; amending s. 617.1420, F.S.; requiring
563              the department to serve notice in a record to the
564              corporation of its intent to administratively dissolve
565              a corporation under certain circumstances; specifying
566              the manner in which the department may issue the
567              notice; requiring the department to administratively
568              dissolve a corporation that does not respond to such
569              notice within a specified timeframe; requiring the
570              department to issue a notice in a record of
571              administrative dissolution that states the grounds for
572              the administrative dissolution; authorizing the
573              department to issue such notice in a specified manner;
574              reenacting and amending s. 617.1421, F.S.; making
575              technical changes; amending s. 617.1430, F.S.;

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         CS/HB 797                                                                                            2026




576              revising when a circuit court may dissolve a
577              corporation or order other remedies; amending s.
578              617.1431, F.S.; revising the venue for judicial
579              dissolution proceedings; providing that directors need
580              not be made parties to a proceeding to dissolve a
581              corporation unless relief is sought against them
582              individually; authorizing a court to award reasonable
583              attorney fees and costs to the other parties to the
584              proceedings if the court makes certain findings;
585              deleting obsolete language; amending s. 617.1432,
586              F.S.; prohibiting a court from appointing a custodian
587              or receiver brought in certain proceedings if its
588              members, directors, or authorized persons have
589              provided for the appointment of a provisional director
590              or other means for the resolution of a deadlock;
591              authorizing the court to enforce the remedy so
592              provided by the provisional director; revising who the
593              court may appoint to act as receiver or custodian of
594              the corporation; revising the duties of the receiver
595              redesignated as custodian by the court; authorizing
596              the court to amend the order designating the receiver
597              as custodian and custodian as receiver; making
598              technical changes; amending s. 617.1433, F.S.;
599              conforming provisions to changes made by the act;
600              making technical changes; creating s. 617.1434, F.S.;

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         CS/HB 797                                                                                            2026




601              authorizing the court to order certain actions be
602              taken as an alternative to directing the dissolution
603              of the corporation; creating s. 617.1435, F.S.;
604              authorizing the court to appoint a provisional
605              director for a certain proceeding if it appears such
606              appointment will remedy the grounds alleged by the
607              complaining members or directors; providing that a
608              provisional director may be appointed without a
609              vacancy on the board of directors; providing that a
610              provisional director has all the rights and powers of
611              a duly elected director, until removed; specifying the
612              criteria for a provisional director; requiring a
613              provisional director to report to the court concerning
614              certain matters; providing that a provisional director
615              is not liable for actions taken or decisions made;
616              providing exceptions; requiring the provisional
617              director to submit recommendations to the court if
618              directed; authorizing any officer or director to
619              petition the court for certain instructions; requiring
620              the court to compensate and reimburse the provisional
621              director; amending s. 617.1440, F.S.; providing an
622              exception to the assets that must be deposited with
623              the Department of Financial Services for safekeeping;
624              making technical changes; creating s. 617.15015, F.S.;
625              providing the governing law for a foreign corporation

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         CS/HB 797                                                                                            2026




626              for certain affairs and interests of the foreign
627              corporation; prohibiting a foreign corporation from
628              being denied a certificate of authority for a
629              specified reason; providing that a certificate of
630              authority does not authorize a foreign corporation to
631              engage in any business or exercise any prohibited
632              power; amending s. 617.1502, F.S.; making technical
633              changes; providing that any member, officer, or
634              director of a foreign corporation is not liable for
635              the debts, obligations, or other liabilities of the
636              foreign corporation under certain circumstances;
637              providing applicability; requiring a foreign
638              corporation that transacts business in this state
639              without a certificate of authority to appoint the
640              Secretary of State as its agent for service of
641              process; amending s. 617.1503, F.S.; conforming a
642              provision to changes made by the act; amending s.
643              617.1504, F.S.; revising the requirements for a
644              foreign corporation to amend its certificate of
645              authority; revising applicability; authorizing a
646              foreign corporation to amend its certificate of
647              authority to add, remove, or change certain
648              information; amending s. 617.1505, F.S.; deleting a
649              prohibition of the state to regulate the organization
650              or internal affairs of a foreign corporation; making a

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         CS/HB 797                                                                                            2026




651              technical change; amending s. 617.1506, F.S.; revising
652              the requirements for a foreign corporation whose name
653              is noncompliant to use an alternate name; authorizing
654              the foreign corporation to use its name if it becomes
655              available; providing construction; authorizing a
656              foreign corporation to transact business in this state
657              under the alternate name; providing an exception;
658              prohibiting a foreign corporation with a noncompliant
659              name from transacting business in this state until
660              such corporation obtains an amended certificate of
661              authority; authorizing a foreign corporation to
662              register under a name not otherwise distinguishable on
663              the records of another registered entity under certain
664              circumstances; amending s. 617.1507, F.S.; requiring
665              certain registered agents file a statement with the
666              department with certain information; providing the
667              duties of a registered agent; deleting the definition
668              of the term "authorized entity"; requiring the
669              department to maintain an accurate record of the
670              registered agent and registered offices; requiring the
671              department to furnish any information for a fee;
672              prohibiting a foreign corporation from prosecuting or
673              maintaining any action in a court in this state until
674              it complies with certain requirements; authorizing a
675              court to stay a proceeding commenced by a foreign

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         CS/HB 797                                                                                            2026




676              corporation until such compliance; amending s.
677              617.1508, F.S.; specifying what must be in a statement
678              of change; providing that a statement of change is
679              effective when filed with the department; providing a
680              statement of change may also be filed on the foreign
681              corporation's annual report in an application for
682              reinstatement; making technical changes; amending s.
683              617.1509, F.S.; requiring the registered agent of a
684              foreign corporation to mail a copy of his or her
685              statement of resignation to the foreign corporation
686              after filing it with the department; providing when a
687              registered agent is terminated; providing that a
688              registered agent ceases to have responsibility for any
689              matters for the foreign corporation when a statement
690              of resignation takes effect; providing that
691              resignation does not affect contractual rights between
692              the foreign corporation and the registered agent;
693              authorizing a registered agent to resign from a
694              foreign corporation regardless if it has active
695              status; creating s. 617.15091, F.S.; providing the
696              permissible means of delivery of certain
697              communications; providing when notice to the
698              department is effective; providing an exception;
699              amending s. 617.1520, F.S.; requiring a foreign
700              corporation who wishes to cancel its certificate of

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         CS/HB 797                                                                                            2026




701              authority to deliver to the department a notice of
702              withdrawal of certificate of authority; providing when
703              the certificate is effective; requiring such
704              certificate be signed by an officer or a director and
705              state certain information; providing that service of
706              process for a foreign corporation whose withdrawal is
707              effective is on the Secretary of State; creating s.
708              617.1521, F.S.; providing that a foreign corporation
709              that converts to a domestic corporation or another
710              domestic eligible entity is deemed to have withdrawn
711              its certificate of authority on the effective date of
712              the conversion; creating s. 617.1522, F.S.; requiring
713              certain entities no longer authorized to conduct
714              affairs in this state to deliver a notice of
715              withdrawal of certificate of authority to the
716              department for filing; specifying service of process
717              for such entities; creating s. 617.1523, F.S.;
718              authorizing the Department of Legal Affairs to
719              maintain an action to enjoin a foreign corporation
720              from illegally conducting affairs in this state;
721              amending s. 617.1530, F.S.; authorizing the department
722              to revoke a foreign corporation's certificate of
723              authority to transact business under certain
724              circumstances; requiring revocation of a foreign
725              corporation's certificate of authority to be done on a

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         CS/HB 797                                                                                            2026




726              specified date; requiring the department to issue
727              notice to revoke the foreign corporation's certificate
728              of authority and authority to transact business;
729              authorizing the department to issue notice stating the
730              grounds of such revocations by electronic transmission
731              if the foreign corporation provided an e-mail address;
732              providing that revocation of a foreign corporation's
733              certificate of authority does not terminate the
734              authority of the registered agent; creating s.
735              617.15315, F.S.; authorizing a foreign corporation
736              whose certificate of authority has been revoked to
737              apply to the department for reinstatement at any time
738              after the effective date of revocation; requiring the
739              foreign corporation to submit all fees and penalties
740              owed with its application for reinstatement;
741              specifying what must be included in the application
742              for reinstatement; authorizing a foreign corporation
743              to be reinstated if it pays all fees and penalties and
744              files its current annual report; requiring the
745              registered agent and an officer or director to sign
746              the annual report; requiring the department to
747              reinstate the foreign corporation if all conditions
748              are met; providing that a reinstatement relates back
749              to the effective date of the revocation of authority;
750              prohibiting another entity from using the name of the

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         CS/HB 797                                                                                            2026




751              foreign corporation whose certificate of authority has
752              been revoked until after a specified timeframe;
753              requiring the department to require a foreign
754              corporation seeking reinstatement whose name has been
755              lawfully assumed by another eligible entity to comply
756              with choosing a new name before accepting its
757              application for reinstatement; amending s. 617.1532,
758              F.S.; requiring the department to serve a foreign
759              corporation with written notice explaining the reasons
760              for denial of its application for reinstatement;
761              authorizing a foreign corporation to appeal the
762              department's denial in a specified manner; specifying
763              how service is effectuated on the department;
764              authorizing the Circuit Court of Leon County to take
765              certain actions; providing that the circuit court's
766              final decision may be appealed; amending s. 617.1601,
767              F.S.; requiring a corporation to maintain certain
768              records; requiring such records be maintained in a
769              certain manner; amending s. 617.1602, F.S.; revising
770              the records a member of a corporation may inspect and
771              copy; authorizing the corporation to impose reasonable
772              restrictions on the disclosure, use, or distribution
773              of, and reasonable obligations to maintain the
774              confidentiality of, certain records; providing that
775              persons who become members of a corporation after a

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         CS/HB 797                                                                                            2026




776              specified timeframe and who are entitled to vote at a
777              meeting are entitled to certain information; providing
778              an exception; prohibiting the abolishment or
779              limitation of the right of inspection by a
780              corporation's articles of incorporation or bylaws;
781              revising construction; prohibiting a member from
782              selling or distributing specific information or
783              records; providing an exception; prohibiting a person
784              from obtaining or using a membership list or any part
785              thereof for any purpose unrelated to a member's
786              interest without the consent of the board of
787              directors; revising the definition of the term
788              "member"; providing applicability; amending s.
789              617.1603, F.S.; authorizing a corporation to satisfy
790              the right of a member to inspect specific records by
791              means chosen by the corporation; providing that the
792              corporation bears the reasonable costs of converting
793              specified records; making technical changes;
794              conforming a cross-reference; amending s. 617.1604,
795              F.S.; revising the circumstances under which a
796              corporation is not liable for the costs of a member
797              inspecting and copying specified records; authorizing
798              the court to impose reasonable restrictions on the
799              confidentiality of such records; making technical
800              changes; amending s. 617.1605, F.S.; requiring a

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         CS/HB 797                                                                                            2026




801              corporation to deliver or make available the latest
802              annual financial statements to a member within a
803              specified timeframe under certain circumstance;
804              requiring the corporation to notify the member within
805              a specified timeframe if the annual financial
806              statements have not been prepared for the fiscal year
807              requested; requiring the corporation to deliver to the
808              member the annual financial statements within a
809              specified timeframe; specifying how a corporation may
810              deliver the specified annual financial statements;
811              authorizing the corporation to place reasonable
812              restrictions on members requesting annual financial
813              statements; authorizing a corporation to decline to
814              issue annual financial statements if the corporation
815              determines the request was not made in good faith or
816              for a proper purpose; authorizing a member who has not
817              received a response from the corporation as required
818              to seek relief from the circuit court in the
819              applicable county; requiring the circuit court to
820              expedite the matter; authorizing the circuit court to
821              impose reasonable restrictions on the annual financial
822              statements; providing that the corporation has the
823              burden of proof; requiring the court to award the
824              member's expenses under certain circumstances;
825              providing exceptions; creating s. 617.16051, F.S.;

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         CS/HB 797                                                                                            2026




826              providing that a director of a corporation is entitled
827              to inspect and copy specified records of the
828              corporation at any reasonable time for a specified
829              purpose; authorizing the circuit court of the
830              applicable county to order inspection and copying of
831              such records at the corporation's expense upon
832              application of a director who has been refused such
833              inspection rights; providing exceptions; requiring the
834              court to expedite such application; authorizing a
835              court that orders access to such records to include
836              specific provisions protecting the corporation from
837              undue burden or expense and prohibiting the director
838              from using such information obtained for a specified
839              purpose; authorizing the court to order the
840              corporation to reimburse the director for the costs
841              incurred for the application; amending s. 617.1622,
842              F.S.; revising the information to be included in a
843              domestic or foreign corporation's annual report to the
844              department; providing that if the name or address of a
845              registered agent in a corporation's annual report
846              differs from the records of the department, the annual
847              report is considered a statement of change; revising
848              when the first annual report must be delivered to the
849              department; providing reporting requirements for
850              specified entities involved in certain mergers,

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         CS/HB 797                                                                                            2026




851              conversions, or domestications; creating s.
852              617.180301, F.S.; providing construction; requiring a
853              domesticating corporation to enter into a plan of
854              domestication; specifying what must be included in a
855              plan of domestication; authorizing the terms of a plan
856              of domestication to be made dependent upon facts
857              objectively ascertainable outside the plan; providing
858              applicability; creating s. 617.18031, F.S.; providing
859              the manner in which a domestication of a domestic
860              corporation into a foreign jurisdiction must be
861              adopted; creating s. 617.18032, F.S.; providing that
862              articles of domestication must be signed by the
863              domesticating corporation after certain circumstances;
864              specifying information to be included in the articles
865              of domestication; requiring that certain information
866              be included in the articles of domestication for a
867              domesticated corporation that is seeking to become a
868              domestic corporation; requiring that articles of
869              domestication be filed with the department and take
870              effect within certain timeframes; specifying when the
871              domestications of domestic and foreign corporations
872              are effective; providing that a domesticating foreign
873              corporation's certificate of authority is
874              automatically canceled when domestication becomes
875              effective; authorizing the filing of a certified copy

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         CS/HB 797                                                                                            2026




876              of the articles of domestication in any county in this
877              state in which the domesticating corporation holds an
878              interest in real property; creating s. 617.18033,
879              F.S.; authorizing the amending of a plan of
880              domestication of a domestic corporation in certain
881              manners; authorizing the abandoning of a plan of
882              domestication under certain circumstances in the same
883              manner that the plan was approved or determined by the
884              board of directors; requiring a domesticating
885              corporation seeking to abandon domestication to send
886              to the department a statement of abandonment before
887              the articles of domestication become effective;
888              specifying the information the statement of
889              abandonment must include; creating s. 617.18034, F.S.;
890              specifying effects of domestication with respect to
891              rights, responsibilities, and liabilities; providing
892              that a domestication does not constitute or cause the
893              dissolution of the domesticating corporation;
894              prohibiting the diversion for any other purpose of
895              certain property held in trust or otherwise dedicated
896              to a charitable purpose and held by a domestic of
897              foreign corporation immediately before a domestication
898              becomes effective; providing that any bequest, devise,
899              gift, grant, or promise in certain instruments inures
900              to the domesticated corporation; providing that a

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         CS/HB 797                                                                                            2026




901              trust obligation that would govern property if the
902              property is transferred to the domesticating
903              corporation applies to property that is transferred to
904              the domesticated corporation after domestication takes
905              effect; creating s. 617.1804, F.S.; specifying what
906              certain domestic and foreign entities may convert to
907              under certain circumstances; specifying applicability
908              of certain provisions in certain protected agreements
909              of a domestic converting corporation; creating s.
910              617.18041, F.S.; prohibiting a domestic corporation
911              that holds property for a charitable purpose from
912              becoming a domestic eligible entity or a foreign
913              eligible entity; providing an exception; creating s.
914              617.18042, F.S.; authorizing a domestic corporation to
915              convert to a domestic or foreign eligible entity by
916              approving a plan of conversion; specifying the
917              information to be included in the plan of conversion;
918              providing that the terms of a plan of conversion may
919              be made dependent upon facts objectively ascertainable
920              outside the plan; creating s. 617.18043, F.S.;
921              providing for the adoption of a plan of conversion for
922              a domestic corporation converting to a domestic or
923              foreign eligible entity other than a domestic
924              corporation; creating s. 617.18044, F.S.; requiring
925              specified entities that have had plans of conversion

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         CS/HB 797                                                                                            2026




926              adopted and approved to sign articles of conversion;
927              specifying the information to be included in such
928              articles of conversion; requiring a converted domestic
929              corporation to satisfy the requirements of filing its
930              articles of incorporation; providing an exception;
931              requiring that certain domestic eligible entities'
932              organic records, if any, satisfy certain requirements;
933              providing an exception; requiring that articles of
934              conversion be delivered to the department for filing
935              and take effect on a specified date; specifying when
936              certain entities' conversions become effective;
937              authorizing the filing of articles of conversion in
938              combination with any filing required for certain
939              entities; providing that an eligible entity that is a
940              foreign eligible entity's foreign qualification
941              cancels automatically on the effective date of its
942              conversion; authorizing the filing of a certified copy
943              of the articles of conversion in the official records
944              of any county in this state in which the converting
945              eligible entity holds an interest in real property;
946              creating s. 617.18045, F.S.; authorizing the amending
947              of a plan of conversion of a converting eligible
948              entity that is a domestic corporation under certain
949              circumstances; authorizing such converting eligible
950              entity to abandon the plan of conversion without

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         CS/HB 797                                                                                            2026




951              action by its interest holders under certain
952              circumstances; requiring a converting eligible entity
953              to sign and deliver to the department for filing a
954              statement of abandonment if the conversion is
955              abandoned after the articles of conversion have been
956              delivered to the department but before the articles of
957              conversion become effective; specifying when the
958              statement of abandonment takes effect; specifying the
959              information a statement of abandonment must contain;
960              creating s. 617.18046, F.S.; specifying the effect of
961              a conversion of an eligible entity; providing that
962              certain interest holders of certain eligible entities
963              who become subject to interest holder liability as a
964              result of the conversion have such interest holder
965              liability only in respect of interest holder
966              liabilities that arise after the conversion becomes
967              effective; providing that a conversion does not
968              require the converting eligible entity to wind up its
969              affairs or cause the dissolution or termination of the
970              entity; prohibiting certain property held for
971              charitable purposes immediately before conversion of
972              specified entities from being diverted from the
973              purposes for which such property was given; providing
974              exceptions; providing that any bequest, devise, gift,
975              grant, or promise contained in certain instruments

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          CS/HB 797                                                                                            2026




976               made to a converting eligible entity takes effect or
977               remains payable after the conversion inures to the
978               converted eligible entity; providing for applicability
979               of certain trust obligations under certain
980               circumstances; amending s. 617.2005, F.S.; revising
981               the manner in which a court may dissolve an extinct
982               church or religious society; amending s. 617.2006,
983               F.S.; deleting certain provisions relating to a labor
984               union or body filing its articles of incorporation in
985               the applicable circuit court; amending ss. 39.8298,
986               381.00316, 605.1025, 617.0102, 617.0121, 617.0122,
987               617.0125, 617.02011, 617.0203, 617.0205, 617.0301,
988               617.0504, 617.0806, 617.0824, 617.0825, 617.0831,
989               617.0901, 617.1008, 617.1009, 617.1404, 617.1422,
990               617.1423, 617.1501, 617.1510, 617.1606, 617.1623,
991               617.1701, 617.1702, 617.1703, 617.1711, 617.1808,
992               617.1809, 617.1904, 617.1907, 617.1908, 617.2001,
993               617.2002, 617.2003, 617.2007, 617.2101, 617.221,
994               620.2108, 620.8918, 628.910, 768.38, and 893.055,
995               F.S.; conforming provisions to changes made by the
996               act; conforming cross-references; making technical
997               changes; repealing ss. 617.07401, 617.0822, 617.1108,
998               617.1301, 617.1302, 617.1531, 617.1533, 617.1803,
999               617.1805, 617.1806, 617.1807, and 617.2102, F.S.,
1000              relating to members' derivative actions; notice of

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          CS/HB 797                                                                                            2026




1001              meetings; merger of domestic corporation and other
1002              eligible entities; prohibited distributions;
1003              authorized distributions; procedure for and effect of
1004              revocation; reinstatement following revocation;
1005              domestication of foreign not-for-profit corporations;
1006              corporations for profit and when they may become
1007              corporations not for profit; conversion to corporation
1008              not for profit, petition, and contents; conversion to
1009              corporation not for profit and authority of circuit
1010              judge; and fines and penalties against members,
1011              respectively; reenacting s. 617.1007(3), F.S.,
1012              relating to restated articles of incorporation, to
1013              incorporate the amendments to ss. 617.01201 and
1014              617.1006, F.S., in references thereto; reenacting s.
1015              295.21(5)(a), F.S., relating to Florida Is For
1016              Veterans, Inc., to incorporate the amendment made to
1017              s. 617.0302, F.S., in a reference thereto; reenacting
1018              ss. 409.987(4)(b), 718.1265(1), 719.128(1), and
1019              720.316(1), F.S., relating to lead agency procurement,
1020              boards, and conflicts of interest; association
1021              emergency powers; association emergency powers; and
1022              association emergency powers, respectively, to
1023              incorporate the amendment made to s. 617.0830, F.S.,
1024              in references thereto; reenacting s. 718.3027(2) and
1025              (5), F.S., relating to conflicts of interest, to

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          CS/HB 797                                                                                            2026




1026              incorporate the amendment made to s. 617.0832, F.S.,
1027              in references thereto; reenacting s. 720.3033(2)(a)
1028              and (b) and (3), F.S., relating to officers and
1029              directors, respectively, to incorporate the amendments
1030              made to ss. 617.0832 and 617.0834, F.S., in references
1031              thereto; reenacting s 721.13(13)(a), F.S., relating to
1032              management, to incorporate the amendment made to s.
1033              617.0834, F.S., in a reference thereto; reenacting s.
1034              718.111(1)(d), F.S., relating to the association, to
1035              incorporate the amendments made to ss. 617.0830 and
1036              617.0834, F.S., in references thereto; providing an
1037              effective date.
1038
1039      Be It Enacted by the Legislature of the State of Florida:
1040
1041              Section 1.         Section 617.01011, Florida Statutes, is amended
1042      to read:
1043              617.01011         Short title.—This chapter act may be cited as
1044      the "Florida Nonprofit Not For Profit Corporation Act."
1045              Section 2.         Subsections (1), (2), (3), (7), and (8) of
1046      section 617.01201, Florida Statutes, are amended, subsection
1047      (10) is added to that section, and subsection (9) of that
1048      section is reenacted, to read:
1049              617.01201         Filing requirements.—
1050              (1)     A document must satisfy the requirements of this

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          CS/HB 797                                                                                            2026




1051      section and of any other section that adds to or varies these
1052      requirements to be entitled to filing by the department of
1053      State.
1054              (2)     This chapter act must require or permit filing the
1055      document in the office of the department of State.
1056              (3)     The document must contain the information required by
1057      this chapter act. It may contain other information as well.
1058              (7)     The person executing the document shall sign it and
1059      state beneath or opposite such person's his or her signature
1060      such person's his or her name and the capacity in which such
1061      person he or she signs. The document may, but need not, contain
1062      the corporate seal, an attestation, an acknowledgment, or a
1063      verification:
1064              (a)     The corporate seal,
1065              (b)     An attestation by the secretary or an assistant
1066      secretary,
1067              (c)     An acknowledgment, verification, or proof.
1068              (8)     If the department of State has prescribed a mandatory
1069      form for the document under s. 617.0121, the document must be in
1070      or on the prescribed form.
1071              (9)     The document must be delivered to the department for
1072      filing. Delivery may be made by electronic transmission if and
1073      to the extent allowed by the department. If the document is
1074      filed in typewritten or printed form and not transmitted
1075      electronically, the department may require that one exact or

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          CS/HB 797                                                                                            2026




1076      conformed copy be delivered with the document, except as
1077      provided in s. 617.1508. The document must be accompanied by the
1078      correct filing fee and any other tax or penalty required by law.
1079              (10)        Whenever this chapter allows any of the terms of a
1080      plan or a filed document to be dependent upon facts objectively
1081      ascertainable outside the plan or filed document, the following
1082      apply:
1083              (a)      The plan or filed document must set forth the manner
1084      in which the facts will operate upon the terms of the plan or
1085      filed document.
1086              (b)      The facts may include, but are not limited to:
1087              1.      Any of the following which are available in a
1088      nationally recognized news or information medium either in print
1089      or electronically:
1090              a.      Statistical or market indices;
1091              b.      Market prices of any security or group of securities;
1092              c.      Interest rates;
1093              d.      Currency exchange rates; and
1094              e.      Similar economic or financial data;
1095              2.      A determination or action by any person or body,
1096      including the corporation or any other party to a plan or filed
1097      document; or
1098              3.      The terms of, or actions taken under, an agreement to
1099      which the corporation is a party, or any other agreement or
1100      document.

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          CS/HB 797                                                                                            2026




1101              (c)      The following provisions of a plan or filed document
1102      may not be made dependent upon facts outside the plan or filed
1103      document:
1104              1.      The name and address of any person required in a filed
1105      document;
1106              2.      The registered office of any entity required in a filed
1107      document;
1108              3.      The registered agent of any entity required in a filed
1109      document;
1110              4.      The effective date of a filed document; and
1111              5.      Any required statement in a filed document of the date
1112      on which the underlying transaction was approved or the manner
1113      in which that approval was given.
1114              (d)      If a provision of a filed document is made dependent
1115      upon a fact ascertainable outside of the filed document, and
1116      that fact is not ascertainable by reference to a source
1117      described in subparagraph (b)1. or a document that is a matter
1118      of public record, and the affected members have not received
1119      notice of the fact from the corporation, the corporation must
1120      file with the department articles of amendment to the filed
1121      document setting forth the fact promptly after the time when the
1122      fact referred to is first ascertainable or thereafter changes.
1123      Articles of amendment under this section are deemed to be
1124      authorized by the authorization of the original filed document
1125      to which they relate and may be filed by the corporation without

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          CS/HB 797                                                                                            2026




1126      further action by the board of directors or the members.
1127              (e)      As used in this subsection, the term:
1128              1.      "Filed document" means a document filed with the
1129      department pursuant to this chapter, except for a document filed
1130      pursuant to ss. 617.1501–617.1532.
1131              2.      "Plan" means a plan of merger, a plan of conversion, or
1132      a plan of domestication.
1133              Section 3.         Section 617.0123, Florida Statutes, is amended
1134      to read:
1135              617.0123          Effective time and date of document.—
1136              (1)     Except as provided in subsection (1) (2) and in s.
1137      617.0124(3), a document accepted for filing under this chapter
1138      may specify an is effective at the time and a delayed effective
1139      date. In the case of the initial articles of incorporation, a
1140      prior effective date may be specified in the articles of
1141      incorporation if such date is within 5 business days before the
1142      date of filing of filing on the date it is filed, as evidenced
1143      by the Department of State's date and time endorsement on the
1144      original document.
1145              (1)      Subject to s. 617.0124(3), a document accepted for
1146      filing is effective under any of the following conditions:
1147              (a)      If the record filed does not specify an effective time
1148      and does not specify a prior or a delayed effective date, on the
1149      date and at the time the record is accepted, as evidenced by the
1150      department's endorsement of the date and time on the filing.

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          CS/HB 797                                                                                            2026




1151              (b)      If the record filed specifies an effective time, but
1152      not a prior or delayed effective date, on the date the record is
1153      accepted, as evidenced by the department's endorsement, and at
1154      the time specified in the filing.
1155              (c)      If the record filed specifies a delayed effective
1156      date, but not an effective time, at 12:01 a.m. on the earlier
1157      of:
1158              1.      The specified date; or
1159              2.      The 90th day after the date the record is filed.
1160              (d)      If the record filed specifies a delayed effective date
1161      and an effective time, at the specified time on the earlier of:
1162              1.      The specified date; or
1163              2.      The 90th day after the date the record is filed.
1164              (e)      If the record filed is of initial articles of
1165      incorporation and specifies an effective date before the date of
1166      the filing, but no effective time, at 12:01 a.m. on the later
1167      of:
1168              1.      The specified date; or
1169              2.      The 5th business day before the date the record is
1170      filed.
1171              (f)      If the record filed is of initial articles of
1172      incorporation and specifies an effective time and an effective
1173      date before the date of the filing, at the specified time on the
1174      later of:
1175              1.      The specified date; or

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          CS/HB 797                                                                                            2026




1176              2.      The 5th business day before the date the record is
1177      filed.
1178              (2)     If the record filed does not specify the time zone or
1179      place at which the date or time, or both, is to be determined,
1180      the date or time, or both, at which it becomes effective will be
1181      those prevailing at the place of filing in this state A document
1182      may specify a delayed effective date, and if it does the
1183      document shall become effective on the date specified. Unless
1184      otherwise permitted by this act, a delayed effective date for a
1185      document may not be later than the 90th day after the date on
1186      which it is filed.
1187              (3)      If a document is determined by the department of State
1188      to be incomplete and inappropriate for filing, the department of
1189      State may return the document to the person or corporation
1190      filing it, together with a brief written explanation of the
1191      reason for the refusal to file, in accordance with s.
1192      617.0125(3). If the applicant returns the document with
1193      corrections in accordance with the rules of the department
1194      within 60 days after it was mailed to the applicant by the
1195      department, and if at the time of return the applicant so
1196      requests in writing, the filing date of the document will be the
1197      filing date that would have been applied had the original
1198      document not been deficient, except as to persons who relied on
1199      the record before correction and were adversely affected
1200      thereby.

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          CS/HB 797                                                                                            2026




1201              (4)     Corporate existence may predate the filing date,
1202      pursuant to s. 617.0203(1).
1203              Section 4.         Section 617.0124, Florida Statutes, is amended
1204      to read:
1205              617.0124          Correcting filed document; withdrawal of filed
1206      record before effectiveness.—
1207              (1)     A domestic or foreign corporation may correct a
1208      document filed by the department within 30 days after filing if:
1209              (a)     The document contains an inaccuracy incorrect
1210      statement;
1211              (b)     The document contains false, misleading, or fraudulent
1212      information;
1213              (c)     The document was defectively executed, attested,
1214      sealed, verified, or acknowledged; or
1215              (d)     The electronic transmission of the document to the
1216      department was defective.
1217              (2)     A document is corrected:
1218              (a)     By preparing articles of correction that:
1219              1.      Describe the document, including its filing date, or
1220      attach a copy of the document to the articles of correction;
1221              2.      Specify the inaccuracy or defect incorrect statement
1222      and the reason it is incorrect or the manner in which the
1223      execution was defective; and
1224              3.      Correct the inaccuracy or defect incorrect statement or
1225      defective execution; and

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          CS/HB 797                                                                                            2026




1226              (b)      By delivering the executed articles of correction to
1227      the department for filing.
1228              (3)      Articles of correction are effective on the effective
1229      date of the document they correct except as to persons relying
1230      on the uncorrected document and who are adversely affected by
1231      the correction. As to those persons, articles of correction are
1232      effective when filed.
1233              (4)     Articles of correction may not contain a delayed
1234      effective date for the correction.
1235              (5)      Unless otherwise provided for in s. 617.1103(3) or s.
1236      617.1809(8), a filing delivered to the department may be
1237      withdrawn before it takes effect by delivering a withdrawal
1238      statement to the department for filing.
1239              (a)      A withdrawal statement must:
1240              1.      Be signed by each person who signed the filing being
1241      withdrawn, except as otherwise agreed to by such persons;
1242              2.      Identify the filing to be withdrawn; and
1243              3.      If not signed by all persons who signed the filing
1244      being withdrawn, state that the filing is withdrawn in
1245      accordance with the agreement of all persons who signed the
1246      filing.
1247              (b)      Upon the filing by the department of a withdrawal
1248      statement, the action or transaction evidenced by the original
1249      filing does not take effect.
1250              (6)     Articles of correction that are filed to correct

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          CS/HB 797                                                                                            2026




1251      false, misleading, or fraudulent information are not subject to
1252      a fee of the department if the articles of correction are
1253      delivered to the department within 15 days after the
1254      notification of filing sent pursuant to s. 617.0125(2).
1255              Section 5.         Section 617.0126, Florida Statutes, is amended
1256      to read:
1257              617.0126          Appeal from department's Department of State's
1258      refusal to file document.—If the department of State refuses to
1259      file a document delivered to its office for filing, within 30
1260      days after return of the document by the department by mail, as
1261      evidenced by the postmark, the domestic or foreign corporation
1262      may:
1263              (1)     Appeal the refusal pursuant to s. 120.68; or
1264              (2)     Petition the Circuit Court of Leon County to compel
1265      filing of the document. Appeal the refusal to the circuit court
1266      of the county where the corporation's principal office (or, if
1267      none in this state, its registered office) is or will be
1268      located. The appeal is commenced by petitioning the court to
1269      compel filing the document and by attaching to the petition The
1270      document and the department's department of State's explanation
1271      of its refusal to file must be attached to the petition. The
1272      matter shall promptly be tried de novo by the court without a
1273      jury. The court may decide the matter in a summary proceeding,
1274      and the court may summarily order the department of State to
1275      file the document or take other action the court considers

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          CS/HB 797                                                                                            2026




1276      appropriate. The court's final decision may be appealed as in
1277      other civil proceedings.
1278              Section 6.          Section 617.0127, Florida Statutes, is amended
1279      to read:
1280              617.0127          Certificates to be received in evidence;
1281      evidentiary effect of certified copy of filed document.—All
1282      certificates issued by the department pursuant to this chapter
1283      must be taken and received in all courts, public offices, and
1284      official bodies as prima facie evidence of the facts stated
1285      therein. A certificate attached to a copy of a document filed by
1286      the department of State, bearing the signature of the Secretary
1287      of State, (which may be in facsimile,) and the seal of this
1288      state, is conclusive evidence that the original document is on
1289      file with the department.
1290              Section 7.          Subsection (1) of section 617.0128, Florida
1291      Statutes, is amended, and subsection (2) of that section is
1292      reenacted, to read:
1293              617.0128          Certificate of status.—
1294              (1)     Anyone may apply to The department, upon request,
1295      shall issue of State to furnish a certificate of status for a
1296      domestic corporation or a certificate of authorization for a
1297      foreign corporation.
1298              (2)     A certificate of status or authorization sets forth:
1299              (a)     The domestic corporation's corporate name or the
1300      foreign corporation's corporate name used in this state;

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          CS/HB 797                                                                                            2026




1301               (b)1.       That the domestic corporation is duly incorporated
1302      under the law of this state and the date of its incorporation,
1303      or
1304               2.      That the foreign corporation is authorized to conduct
1305      its affairs in this state;
1306               (c)      That all fees and penalties owed to the department
1307      have been paid, if:
1308               1.      Payment is reflected in the records of the department,
1309      and
1310               2.      Nonpayment affects the existence or authorization of
1311      the domestic or foreign corporation;
1312               (d)      That its most recent annual report required by s.
1313      617.1622 has been delivered to the department; and
1314               (e)      That articles of dissolution have not been filed.
1315               Section 8.        Section 617.01301, Florida Statutes, is amended
1316      to read:
1317               617.01301        Powers of department of State.—
1318               (1)      The department of State may propound to any
1319      corporation subject to the provisions of this chapter act, and
1320      to any officer or director thereof, such interrogatories as may
1321      be reasonably necessary and proper to enable it to ascertain
1322      whether the corporation has complied with all applicable filing
1323      provisions of this chapter act. Such interrogatories must be
1324      answered within 30 days after mailing or within such additional
1325      time as fixed by the department. Answers to interrogatories must

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          CS/HB 797                                                                                            2026




1326      be full and complete, in writing, and under oath.
1327      Interrogatories directed to an individual must be answered by
1328      that individual him or her, and interrogatories directed to a
1329      corporation must be answered by an authorized officer or
1330      director of the corporation, by a member if there are no
1331      officers or directors of the corporation, or by a fiduciary if
1332      the corporation is in the hands of a receiver, trustee, or other
1333      court-appointed fiduciary the president, vice president,
1334      secretary, or assistant secretary.
1335              (2)     The department of State is not required to file any
1336      document:
1337              (a)     To which interrogatories, as propounded pursuant to
1338      subsection (1) relate, until the interrogatories are answered in
1339      full;
1340              (b)     When interrogatories or other relevant evidence
1341      discloses that such document is not in conformity with the
1342      provisions of this chapter act; or
1343              (c)     When the department has determined that the parties to
1344      such document have not paid all fees, taxes, and penalties due
1345      and owing this state.
1346              (3)     The department of State may, based upon its findings
1347      hereunder or as provided in s. 213.053(15), bring an action in
1348      circuit court to collect any penalties, fees, or taxes
1349      determined to be due and owing the state and to compel any
1350      filing, qualification, or registration required by law. In

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          CS/HB 797                                                                                            2026




1351      connection with such proceeding the department may, without
1352      prior approval by the court, file a lis pendens against any
1353      property owned by the corporation and may further certify any
1354      findings to the Department of Legal Affairs for the initiation
1355      of any action permitted pursuant to s. 617.0503 which the
1356      Department of Legal Affairs may deem appropriate.
1357              (4)     The department has of State shall have the power and
1358      authority reasonably necessary to enable it to administer this
1359      chapter act efficiently, to perform the duties herein imposed
1360      upon it, and to adopt rules pursuant to ss. 120.536(1) and
1361      120.54 to implement this chapter the provisions of this act
1362      conferring duties upon it.
1363              Section 9.         Section 617.01401, Florida Statutes, is amended
1364      to read:
1365              617.01401         Definitions.—As used in this chapter, the term:
1366              (1)     "Articles of incorporation" includes original,
1367      amended, and restated articles of incorporation, articles of
1368      consolidation, and articles of merger, and all amendments
1369      thereto, including documents designated by the laws of this
1370      state as charters, and, in the case of a foreign corporation,
1371      documents equivalent to articles of incorporation in the
1372      jurisdiction of incorporation.
1373              (2)     "Applicable county" means the county in this state in
1374      which a corporation's principal office is located or was located
1375      when an action is or was commenced. If the corporation has, or

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          CS/HB 797                                                                                            2026




1376      at the time of such action had, no principal office in this
1377      state, the applicable county is the county in which the
1378      corporation has, or at the time of such action had, an office in
1379      this state. If the corporation does not have an office in this
1380      state, the applicable county is the county in which the
1381      corporation's registered office is or was last located.
1382              (3)     "Authorized entity" means any of the following:
1383              (a)     A corporation for profit.
1384              (b)     A limited liability company.
1385              (c)     A limited liability partnership.
1386              (d)     A limited partnership, including a limited liability
1387      limited partnership.
1388              (4)(2)       "Board of directors" means the group of persons
1389      vested with the management of the affairs of the corporation
1390      irrespective of the name by which such group is designated,
1391      including, but not limited to, managers or trustees.
1392              (5)(3)       "Bylaws" means the code or codes of rules adopted
1393      for the regulation or management of the affairs of the
1394      corporation irrespective of the name or names by which such
1395      rules are designated.
1396              (6)     "Charitable asset" means property that is given,
1397      received, or held for a charitable purpose.
1398              (7)     "Charitable purpose" means a purpose that:
1399              (a)     Would make a corporation organized and operated
1400      exclusively for that purpose eligible to be exempt from taxation

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          CS/HB 797                                                                                            2026




1401      under s. 501(c)(3) of the Internal Revenue Code of 1986, as
1402      amended, or
1403              (b)     Is considered charitable under the law of this state
1404      other than as set forth in the Internal Revenue Code of 1986, as
1405      amended.
1406              (8)(4)       "Corporation" or "domestic corporation" means a
1407      nonprofit corporation not for profit, subject to the provisions
1408      of this chapter, except a foreign corporation.
1409              (5)     "Corporation not for profit" means a corporation no
1410      part of the income or profit of which is distributable to its
1411      members, directors, or officers, except as otherwise provided
1412      under this chapter.
1413              (9)(6)       "Department" means the Florida Department of State.
1414              (7)     "Distribution" means the payment of a dividend or any
1415      part of the income or profit of a corporation to its members,
1416      directors, or officers.
1417              (a)     A donation or transfer of corporate assets or income
1418      to or from another not-for-profit corporation qualified as tax-
1419      exempt under s. 501(c) of the Internal Revenue Code or a
1420      governmental organization exempt from federal and state income
1421      taxes, if such corporation or governmental organization is a
1422      member of the corporation making such donation or transfer, is
1423      not a distribution for purposes of this chapter.
1424              (b)     A dividend or distribution by a not-for-profit
1425      insurance company subsidiary to its mutual insurance holding

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          CS/HB 797                                                                                            2026




1426      company organized under part III of chapter 628, directly or
1427      indirectly through one or more intermediate holding companies
1428      authorized under that part, is not a distribution for the
1429      purposes of this chapter.
1430              (10)(8)       "Electronic transmission" means any form of
1431      communication, not directly involving the physical transmission
1432      or transfer of paper, which creates a record that may be
1433      retained, retrieved, and reviewed by a recipient and which may
1434      be directly reproduced in a comprehensible and legible paper
1435      form by such recipient through an automated process. Examples of
1436      electronic transmission include, but are not limited to,
1437      electronic mail, telegrams, facsimile, and transmissions through
1438      the Internet transmissions of images, and text that is sent via
1439      electronic mail between computers.
1440              (11)(a)       "Eligible entity" means a domestic or foreign:
1441              1.      Corporation or corporation for profit;
1442              2.      General partnership, including a limited liability
1443      partnership;
1444              3.      Limited partnership, including a limited liability
1445      limited partnership;
1446              4.      Limited liability company; or
1447              5.      Other unincorporated entity.
1448              (b)      The term does not include:
1449              1.      An individual;
1450              2.      An association or relationship that is not a

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          CS/HB 797                                                                                            2026




1451      partnership solely by reason of s. 620.8202(2) or a similar
1452      provision of the law of another jurisdiction;
1453              3.      A decedent's estate; or
1454              4.      A government or a governmental subdivision, agency or
1455      instrumentality.
1456              (12)        "Eligible interest" means:
1457              (a)      A share;
1458              (b)      A membership; or
1459              (c)      Either or both of the following rights under the
1460      organic rules governing the entity:
1461              1.      The right to receive distributions from the entity
1462      either in the ordinary course of business or upon liquidation.
1463              2.      The right to receive notice or vote on issues involving
1464      its internal affairs, other than as an agent, assignee, proxy,
1465      or person responsible for managing its business, activities, or
1466      affairs.
1467              (13)        "Entity" includes corporations and foreign
1468      corporations; unincorporated associations; business trusts,
1469      estates, limited liability companies, partnerships, trusts, and
1470      two or more persons having a joint or common economic interest;
1471      any state, the United States, or any foreign government.
1472              (14)(9)       "Foreign corporation" means a nonprofit
1473      corporation not for profit organized under laws other than the
1474      laws of this state.
1475              (15)(10)          "Insolvent" means the inability of a corporation

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          CS/HB 797                                                                                            2026




1476      to pay its debts as they become due in the usual course of its
1477      affairs.
1478              (16)        "Interest holder" means any of the following persons:
1479              (a)      A shareholder of a corporation for profit.
1480              (b)      A member of a nonprofit corporation.
1481              (c)      A general partner of a general partnership.
1482              (d)      A general partner of a limited partnership.
1483              (e)      A limited partner of a limited partnership.
1484              (f)     A member of a limited liability company.
1485              (g)      A shareholder or beneficial owner of a real estate
1486      investment trust.
1487              (h)      A beneficiary or beneficial owner of a statutory
1488      trust, business trust, or common law business trust.
1489              (i)      Another direct holder of an interest.
1490              (17)        "Interest holder liability" means:
1491              (a)      Personal liability for a liability of an entity which
1492      arises, except as otherwise provided in the organic rules of the
1493      entity, when the entity incurs the liability and which is
1494      imposed on a person:
1495              1.      Solely by reason of the status of the person as an
1496      interest holder; or
1497              2.      By the organic rules of the entity which make one or
1498      more specified interest holders or categories of interest
1499      holders liable in their capacity as interest holders for all or
1500      specified liabilities of the entity; or

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          CS/HB 797                                                                                            2026




1501              (b)     An obligation of an interest holder under the organic
1502      rules of an entity to contribute to the entity.
1503              (18)(11)          "Mail" means the United States mail, facsimile
1504      transmissions, and private mail carriers handling nationwide
1505      mail services.
1506              (19)(12)          "Member" means one having membership rights in a
1507      corporation in accordance with the provisions of its articles of
1508      incorporation or bylaws or the provisions of this chapter.
1509              (13)        "Mutual benefit corporation" means a domestic
1510      corporation that is not organized primarily or exclusively for
1511      religious purposes; is not recognized as exempt under s.
1512      501(c)(3) of the Internal Revenue Code; and is not organized for
1513      a public or charitable purpose that is required upon its
1514      dissolution to distribute its assets to the United States, a
1515      state, a local subdivision thereof, or a person that is
1516      recognized as exempt under s. 501(c)(3) of the Internal Revenue
1517      Code. The term does not include an association organized under
1518      chapter 718, chapter 719, chapter 720, or chapter 721, or any
1519      corporation where membership in the corporation is required
1520      pursuant to a document recorded in county property records.
1521              (20)        "Nonprofit corporation" means a corporation no part
1522      of the income or profit of which is distributable to its
1523      members, directors, or officers, except as otherwise provided
1524      under this chapter.
1525              (21)        "Organic rules" means the public organic record and

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          CS/HB 797                                                                                            2026




1526      private organic rules of an entity.
1527              (22)(14)          "Person" includes an individual and entity.
1528              (23)        "Private organic rules" means the rules, regardless
1529      of whether in a record, which govern the internal affairs of an
1530      entity, are binding on all its interest holders, and are not
1531      part of its public organic record, if any. If the private
1532      organic rules are amended or restated, the term means the
1533      private organic rules as last amended or restated. The term
1534      includes any of the following:
1535              (a)     The bylaws of a corporation for profit.
1536              (b)     The bylaws of a nonprofit corporation.
1537              (c)     The partnership agreement of a general partnership.
1538              (d)     The partnership agreement of a limited partnership.
1539              (e)     The operating agreement, limited liability company
1540      agreement, or similar agreement of a limited liability company.
1541              (f)     The bylaws, trust instrument, or similar rules of a
1542      real estate investment trust.
1543              (g)     The trust instrument of a statutory trust or similar
1544      rules of a business trust or common law business trust.
1545              (24)        "Protected agreement" means any of the following:
1546              (a)     A document evidencing indebtedness of a domestic
1547      corporation or eligible entity and any related agreement in
1548      effect immediately before July 1, 2026.
1549              (b)     An agreement that is binding on a domestic corporation
1550      or eligible entity immediately before July 1, 2026.

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          CS/HB 797                                                                                            2026




1551              (c)     The articles of incorporation or bylaws of a domestic
1552      corporation or the organic rules of a domestic eligible entity,
1553      in each case in effect immediately before July 1, 2026.
1554              (d)     An agreement that is binding on any of the interest
1555      holders, directors, or other governors of a domestic corporation
1556      or eligible entity, in their capacities as such, immediately
1557      before July 1, 2026.
1558              (25)        "Public organic record" means a record, the filing of
1559      which by a governmental body is required to form an entity, and
1560      an amendment to or restatement of such record. When a public
1561      organic record has been amended or restated, the term means the
1562      public organic record as last amended or restated. The term
1563      includes any of the following:
1564              (a)     The articles of incorporation of a corporation for
1565      profit.
1566              (b)     The articles of incorporation of a nonprofit
1567      corporation.
1568              (c)     The certificate of limited partnership of a limited
1569      partnership.
1570              (d)     The articles of organization, certificate of
1571      organization, or certificate of formation of a limited liability
1572      company.
1573              (e)     The articles of incorporation of a general cooperative
1574      association or a limited cooperative association.
1575              (f)     The certificate of trust of a statutory trust or

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          CS/HB 797                                                                                            2026




1576      similar record of a business trust.
1577              (g)     The articles of incorporation of a real estate
1578      investment trust.
1579              (26)(15)          "Successor entity" means any trust, receivership,
1580      or other legal entity that is governed by the laws of this state
1581      to which the remaining assets of the and liabilities of a
1582      dissolved corporation are transferred, subject to its
1583      liabilities, for purposes of liquidation and that exists solely
1584      for the purposes of prosecuting and defending suits by or
1585      against the dissolved corporation and enabling the dissolved
1586      corporation to settle and close the business of the dissolved
1587      corporation, to dispose of and convey the property of the
1588      dissolved corporation, to discharge the liabilities of the
1589      dissolved corporation, and to distribute to the dissolved
1590      corporation's members any remaining assets, but not for the
1591      purpose of continuing the business for which the dissolved
1592      corporation was organized.
1593              (27)(16)          "Voting power" means the total number of votes
1594      entitled to be cast for the election of directors at the time
1595      the determination of voting power is made, excluding a vote that
1596      is contingent upon the happening of a condition or event that
1597      has not yet occurred. If the corporation's directors are not
1598      elected by the members, voting power must, unless otherwise
1599      provided in the articles of incorporation or bylaws, be on a
1600      one-member, one-vote basis. If the members of a class are

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          CS/HB 797                                                                                            2026




1601      entitled to vote as a class to elect directors, the
1602      determination of the voting power of the class is based on the
1603      percentage of the number of directors the class is entitled to
1604      elect relative to the total number of authorized directors. If
1605      the corporation's directors are not elected by the members,
1606      voting power shall, unless otherwise provided in the articles of
1607      incorporation or bylaws, be on a one-member, one-vote basis.
1608              Section 10.            Subsections (1) through (6), (8), and (9) of
1609      section 617.0141, Florida Statutes, are amended to read:
1610              617.0141          Notice.—
1611              (1)     Notice under this chapter act must be in writing,
1612      unless oral notice is:
1613              (a)     Expressly authorized by the articles of incorporation
1614      or the bylaws; and
1615              (b)     Reasonable under the circumstances.
1616              (2)     Written notice may be communicated by mail, electronic
1617      mail, facsimile in person; by telephone (where oral notice is
1618      permitted), telegraph, teletype, or other form of electronic
1619      transmission; or by mail. When oral notice is permitted, notice
1620      may be communicated in person, by telephone, or other electronic
1621      transmission by means of which all persons participating can
1622      hear each other.
1623              (3)     Written notice by a domestic or foreign corporation
1624      authorized to conduct its affairs in this state to its member,
1625      if in a comprehensible form, is effective under any of the

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          CS/HB 797                                                                                            2026




1626      following circumstances:
1627              (a)      When mailed, if mailed postpaid and correctly
1628      addressed to the member's address shown in the domestic or
1629      foreign corporation's current record of members.;
1630              (b)      When actually transmitted by facsimile
1631      telecommunication, if correctly directed to a telephone number
1632      at which the member has consented to receive notice.;
1633              (c)      When actually transmitted by electronic mail, if
1634      correctly directed to an electronic mail address at which the
1635      member has consented to receive notice.;
1636              (d)      When posted on an electronic network that the member
1637      has consented to consult, upon the later of:
1638              1.      Such correct posting; or
1639              2.      The giving of a separate notice to the member of the
1640      fact of such specific posting.; or
1641              (e)      When correctly transmitted to the member, if by any
1642      other form of electronic transmission consented to by the member
1643      to whom notice is given.
1644              (4)      Consent by a member to receive notice by electronic
1645      transmission is shall be revocable by the member by written
1646      notice to the domestic or foreign corporation. Any such consent
1647      is shall be deemed revoked if:
1648              (a)      The domestic or foreign corporation is unable to
1649      deliver by electronic transmission two consecutive notices given
1650      by the domestic or foreign corporation in accordance with such

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          CS/HB 797                                                                                            2026




1651      consent; and
1652              (b)     Such inability becomes known to the secretary or an
1653      assistant secretary of the domestic or foreign corporation, or
1654      other authorized person responsible for the giving of notice.
1655      However, the inadvertent failure to treat such inability as a
1656      revocation does not invalidate any meeting or other action.
1657              (5)     Written notice to a domestic or foreign corporation
1658      authorized to conduct its affairs in this state may be addressed
1659      to its registered agent at its registered office. Written notice
1660      may also be delivered or to the domestic or foreign corporation
1661      or its secretary at its principal office shown in its most
1662      recent annual report or, in the case of a domestic or foreign
1663      corporation that has not yet delivered an annual report, in a
1664      domestic corporation's articles of incorporation or in a foreign
1665      corporation's application for certificate of authority.
1666              (6)     Except as provided in subsection (3) or elsewhere in
1667      this chapter act, written notice, if in a comprehensible form,
1668      is effective at the earliest date of any of the following:
1669              (a)     When received.;
1670              (b)     Five days after its deposit in the United States mail,
1671      as evidenced by the postmark, if mailed postpaid and correctly
1672      addressed.; or
1673              (c)     On the date shown on the return receipt, if sent by
1674      registered or certified mail, return receipt requested, and the
1675      receipt is signed by or on behalf of the addressee.

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          CS/HB 797                                                                                            2026




1676              (8)     An affidavit of the secretary, an assistant secretary,
1677      the transfer agent, or other authorized agent of the domestic or
1678      foreign corporation that the notice has been given by a form of
1679      electronic transmission is, in the absence of fraud, prima facie
1680      evidence of the facts stated in the notice.
1681              (9)     If this chapter act prescribes notice requirements for
1682      particular circumstances, those requirements govern. If articles
1683      of incorporation or bylaws prescribe notice requirements not
1684      less stringent than the requirements of this section or other
1685      provisions of this chapter act, those requirements govern.
1686              Section 11.            Section 617.0143, Florida Statutes, is created
1687      to read:
1688              617.0143          Qualified director.—
1689              (1)     For purposes of this chapter, the term:
1690              (a)     "Material interest" means an actual or potential
1691      benefit or detriment, other than one which would devolve on the
1692      corporation or the members generally, which would reasonably be
1693      expected to impair the objectivity of the director's judgment
1694      when participating in the action to be taken. For a corporation
1695      that is regulated by chapter 718, chapter 719, chapter 720,
1696      chapter 721, or chapter 723, or a corporation when membership in
1697      such corporation is required pursuant to a document recorded in
1698      the county property records, a "material interest" is limited to
1699      familial, financial, professional, or employment interests.
1700              (b)     "Material relationship" means a familial, financial,

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          CS/HB 797                                                                                            2026




1701      professional, employment, or other relationship that would
1702      reasonably be expected to impair the objectivity of the
1703      director's judgment when participating in the action to be
1704      taken.
1705              (c)      "Qualified director" is a director who, at the time
1706      action is to be taken under:
1707              1.      Section 617.0744, and who does not have an interest in
1708      the outcome of the proceeding or has a material relationship
1709      with a person who has an interest in the outcome of the
1710      proceeding;
1711              2.      Section 617.0832, and who is not a director as to whom
1712      the transaction is a director's conflict of interest
1713      transaction, or who has a material relationship with another
1714      director as to whom the transaction is a director's conflict of
1715      interest transaction; or
1716              3.      Section 617.0831, with respect to the application of
1717      ss. 607.0850-607.0859, and who:
1718              a.      Is not a party to the proceeding;
1719              b.      Is not a director as to whom a transaction is a
1720      director's conflict of interest transaction, which transaction
1721      is challenged in the proceeding; and
1722              c.      Does not have a material relationship with a director
1723      who is disqualified by virtue of not meeting the requirements of
1724      sub-subparagraph a. or sub-subparagraph b.
1725              (2)      A director is not automatically prevented from being a

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          CS/HB 797                                                                                            2026




1726      qualified director if any of the following is present:
1727              (a)     The nomination or election of the director to the
1728      current board of directors by any director who is not a
1729      qualified director with respect to the matter, or by any person
1730      who has a material relationship with that director, acting alone
1731      or participating with others.
1732              (b)     Service as a director of another corporation of which
1733      a director who is not a qualified director with respect to the
1734      matter, or any individual who has a material relationship with
1735      that director is or was also a director.
1736              (c)     With respect to actions pursuant to s. 617.0744,
1737      status as a named defendant, as a director against whom action
1738      is demanded, or as a director who approved the conduct being
1739      challenged.
1740              Section 12.            Subsections (1) and (2) of section 617.0202,
1741      Florida Statutes, are amended to read:
1742              617.0202          Articles of incorporation; content.—
1743              (1)     The articles of incorporation must set forth:
1744              (a)     A corporate name for the corporation that satisfies
1745      the requirements of s. 617.0401;.
1746              (b)     The street address of the initial principal office
1747      and, if different, the mailing address of the corporation;
1748              (c)     The purpose or purposes for which the corporation is
1749      organized;
1750              (d)     A statement of the manner in which the directors are

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          CS/HB 797                                                                                            2026




1751      to be elected or appointed. In lieu thereof, the articles of
1752      incorporation may provide that the method of election of
1753      directors be stated in the bylaws;
1754              (e)     Any provision that lawfully limits the corporate
1755      powers authorized under this chapter, not inconsistent with this
1756      act or with any other law, which limits in any manner the
1757      corporate powers authorized under this act;
1758              (f)     The street address of the corporation's initial
1759      registered office and the name of its initial registered agent
1760      at that address together with a written acceptance of
1761      appointment as a registered agent as required by s. 617.0501;
1762      and
1763              (g)     The name and address of each incorporator.
1764              (2)     The articles of incorporation may set forth:
1765              (a)     The names and addresses of the individuals who are to
1766      serve as the initial directors;
1767              (b)     Any provision not inconsistent with law, regarding the
1768      regulation of the internal affairs of the corporation,
1769      including, without limitation, any provision with respect to the
1770      relative rights or interests of the members as among themselves
1771      or in the property of the corporation;
1772              (c)     The manner of termination of membership in the
1773      corporation;
1774              (d)     The rights, upon termination of membership, of the
1775      corporation, the terminated members, and the remaining members;

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          CS/HB 797                                                                                            2026




1776              (e)     The transferability or nontransferability of
1777      membership to the extent consistent with s. 617.0605;
1778              (f)     The distribution of assets upon dissolution or final
1779      liquidation or, if otherwise permitted by law, upon partial
1780      liquidation;
1781              (g)     If the corporation is to have one or more classes of
1782      members, any provision designating the class or classes of
1783      members and stating the qualifications and rights of the members
1784      of each class;
1785              (h)     The names of any persons or the designations of any
1786      groups of persons who are to be the initial members;
1787              (i)     A provision to the effect that the corporation will be
1788      subordinate to and subject to the authority of any head or
1789      national association, lodge, order, beneficial association,
1790      fraternal or beneficial society, foundation, federation, or
1791      other corporation, society, organization, or nonprofit
1792      association not for profit; and
1793              (j)     Any provision that under this chapter act is required
1794      or permitted to be set forth in the bylaws. Any such provision
1795      set forth in the articles of incorporation need not be set forth
1796      in the bylaws.
1797              Section 13.            Section 617.0204, Florida Statutes, is amended
1798      to read:
1799              617.0204          Liability for preincorporation transactions.—All
1800      persons purporting to act as or on behalf of a corporation,

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          CS/HB 797                                                                                            2026




1801      knowing having actual knowledge that there was no incorporation
1802      under this chapter act, are jointly and severally liable for all
1803      liabilities created while so acting except for any liability to
1804      any person who also had actual knowledge that there was no
1805      incorporation.
1806              Section 14.            Section 617.0206, Florida Statutes, is amended
1807      to read:
1808              617.0206          Bylaws.—The initial bylaws of a corporation shall
1809      be adopted by its board of directors unless that power is
1810      reserved to the members by the articles of incorporation. The
1811      power to alter, amend, or repeal the bylaws or adopt new bylaws
1812      is shall be vested in the board of directors unless otherwise
1813      provided in the articles of incorporation or the bylaws. The
1814      bylaws may contain any provision for the regulation and
1815      management of the affairs of the corporation not inconsistent
1816      with law or the articles of incorporation.
1817              Section 15.            Subsections (1), (3), (6), (8), (12), (14),
1818      and (16) of section 617.0302, Florida Statutes, are amended, and
1819      a new subsection (16) is added to that section, to read:
1820              617.0302          Corporate powers.—Every nonprofit corporation not
1821      for profit organized under this chapter, unless otherwise
1822      provided in its articles of incorporation or bylaws, shall have
1823      power to:
1824              (1)     Have succession by its corporate name for the period
1825      set forth in its articles of incorporation.

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          CS/HB 797                                                                                            2026




1826              (2)(3)       Adopt, use, and alter a common corporate seal.
1827      However, such seal must always contain the words "corporation
1828      not for profit" or "nonprofit corporation."
1829              (5)(6)       Increase or decrease, by a vote of its members cast
1830      as the bylaws may direct, the number of its directors, subject
1831      to any minimum number of directors required under s. 617.0803 so
1832      that the number shall not be less than three but may be any
1833      number in excess thereof.
1834              (7)(8)       Conduct its affairs, carry on its operations, and
1835      have offices and exercise the powers granted by this chapter act
1836      in any state, territory, district, or possession of the United
1837      States or any foreign country.
1838              (11)(12)          Purchase, take, receive, subscribe for, or
1839      otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
1840      lend, pledge, or otherwise dispose of and otherwise use and deal
1841      in and with, shares and other interests in, or obligations of,
1842      other entities domestic or foreign corporations, whether for
1843      profit or not for profit, associations, partnerships, or
1844      individuals, or direct or indirect obligations of the United
1845      States, or of any other government, state, territory,
1846      governmental district, municipality, or of any instrumentality
1847      thereof.
1848              (13)(14)          Make donations for the public welfare or for
1849      religious, charitable, scientific, literary, educational, or
1850      other similar purposes.

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          CS/HB 797                                                                                            2026




1851              (15)(16)          Merge with other corporations or other eligible
1852      entities identified in s. 607.1101, both for profit and
1853      nonprofit not for profit, domestic and foreign, in accordance
1854      with the merger provisions of this chapter if the surviving
1855      corporation or other surviving eligible entity is a corporation
1856      not for profit or other eligible entity that has been organized
1857      as a not-for-profit entity under a governing statute or other
1858      applicable law that permits such a merger.
1859              (16)        Be a promoter, incorporator, partner, member,
1860      associate, or manager of any corporation, joint venture, or
1861      other entity.
1862              Section 16.            Section 617.0304, Florida Statutes, is amended
1863      to read:
1864              617.0304          Lack of power to act Ultra vires.—
1865              (1)     Except as provided in subsection (2), the validity of
1866      corporate action, including, but not limited to, any conveyance,
1867      transfer, or encumbrance of real or personal property to or by a
1868      corporation, may not be challenged on the ground that the
1869      corporation lacks or lacked power to act.
1870              (2)     A corporation's power to act may be challenged:
1871              (a)     In a proceeding by a member against the corporation to
1872      enjoin the act;
1873              (b)     In a proceeding by the corporation, directly,
1874      derivatively, or through a receiver, trustee, or other legal
1875      representative, or through members in a representative suit,

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          CS/HB 797                                                                                            2026




1876      against an incumbent or former officer, employee, or agent of
1877      the corporation; or
1878              (c)     In a proceeding by the Attorney General, as provided
1879      in this chapter act, to dissolve the corporation or in a
1880      proceeding by the Attorney General to enjoin the corporation
1881      from the transaction of unauthorized business.
1882              (3)     In a member's proceeding under paragraph (2)(a) to
1883      enjoin an unauthorized corporate act, the court may enjoin or
1884      set aside the act, if equitable and if all affected persons are
1885      parties to the proceeding, and may award damages for loss (other
1886      than anticipated profits) suffered by the corporation or another
1887      party because of enjoining the unauthorized act, except the
1888      court may not award damages for anticipated profits.
1889              Section 17.            Subsections (3), (4), and (5) are added to
1890      section 617.0401, Florida Statutes, to read:
1891              617.0401          Corporate name.—
1892              (3)     Notwithstanding subsection (2), a corporation may
1893      register under a name that is not otherwise distinguishable on
1894      the records of the department if:
1895              (a)     The other entity consents to the use and submits an
1896      undertaking in form satisfactory to the secretary of state to
1897      change its name to a name that is distinguishable upon the
1898      records of the department from the name of the applying
1899      corporation; or
1900              (b)     The applicant delivers to the department a certified

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          CS/HB 797                                                                                            2026




1901      copy of a final judgment of a court of competent jurisdiction
1902      establishing the applicant's right to use the name applied for
1903      in the state.
1904              (4)     A corporate name as filed with the department is for
1905      public notice only and does not alone create any presumption of
1906      ownership of such name.
1907              (5)     This section does not apply to the use of fictitious
1908      names.
1909              Section 18.            Subsections (1), (2), (5), and (6) of section
1910      617.0403, Florida Statutes, are amended to read:
1911              617.0403          Registered name; application; renewal;
1912      revocation.—
1913              (1)     A foreign corporation may register its corporate name,
1914      or its corporate name with any addition required by s. 617.1506,
1915      if the name is distinguishable upon the records of the
1916      department of State from the corporate names that are not
1917      available under s. 617.0401(1)(e).
1918              (2)     A foreign corporation registers its corporate name, or
1919      its corporate name with any addition required by s. 617.1506, by
1920      delivering to the department of State for filing an application:
1921              (a)     Setting forth its corporate name, or its corporate
1922      name with any addition required by s. 617.1506, the state or
1923      country and date of its incorporation, and a brief description
1924      of the nature of its purposes and the affairs in which it is
1925      engaged; and

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          CS/HB 797                                                                                            2026




1926              (b)     Accompanied by a certificate of existence, or a
1927      certificate setting forth that such corporation is in good
1928      standing under the laws of the state or country wherein it is
1929      organized, (or a document of similar import), from the state or
1930      country of incorporation.
1931              (5)     A foreign corporation that has so registered its name
1932      the registration of which is effective may thereafter qualify to
1933      conduct its affairs in this state as a foreign corporation under
1934      the registered name or consent in writing to the use of that
1935      name by a corporation thereafter incorporated under this chapter
1936      act or by another foreign corporation thereafter authorized to
1937      conduct its affairs in this state. The registration terminates
1938      when the domestic corporation is incorporated or the foreign
1939      corporation qualifies or consents to the qualification of
1940      another foreign corporation under the registered name.
1941              (6)     The department of State may revoke any registration
1942      if, after a hearing, it finds that the application therefor or
1943      any renewal thereof was not made in good faith.
1944              Section 19.            Present subsections (4) and (5) of section
1945      617.0501, Florida Statutes, are redesignated as subsections (5)
1946      and (6), respectively, a new subsection (4) is added to that
1947      section, and subsections (1) and (3) and present subsection (5)
1948      and subsection (6) of that section are amended, to read:
1949              617.0501          Registered office and registered agent.—
1950              (1)     Each corporation shall have and continuously maintain

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          CS/HB 797                                                                                            2026




1951      in this state:
1952              (a)      A registered office which may be the same as its
1953      principal office; and
1954              (b)      A registered agent, who may be either:
1955              1.      An individual who resides in this state whose business
1956      office is identical to with such registered office; or
1957              2.a.        Another domestic entity that is an authorized entity
1958      whose business address is identical to the address of the
1959      registered office; or
1960              3.b.        A foreign entity authorized to transact business in
1961      this state that is an authorized entity and whose business
1962      address is identical to the address of the registered office.
1963              (3)     Each initial A registered agent, and each appointed
1964      pursuant to this section or a successor registered agent that is
1965      appointed, pursuant to s. 617.0502 on whom process may be served
1966      shall each file a statement in writing with the department of
1967      State, in the such form and manner as shall be prescribed by the
1968      department, accepting the appointment as a registered agent
1969      while simultaneously with his or her being designated as the
1970      registered agent. The Such statement of acceptance must provide
1971      shall state that the registered agent is familiar with, and
1972      accepts, the obligations of that position.
1973              (4)      The duties of a registered agent are:
1974              (a)      To forward to the corporation, at the address most
1975      recently supplied to the registered agent by the corporation, a

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          CS/HB 797                                                                                            2026




1976      process, notice, or demand pertaining to the corporation which
1977      is served on or received by the registered agent; and
1978              (b)     If the registered agent resigns, to provide the notice
1979      required under s. 617.0502 to the corporation at the address
1980      most recently supplied to the registered agent by the
1981      corporation.
1982              (6)(5)       A corporation may not prosecute or maintain any
1983      action in a court in this state until the corporation complies
1984      with this section or s. 617.1508, as applicable; pays to the
1985      department of State any amounts required under this chapter;
1986      and, to the extent ordered by a court of competent jurisdiction,
1987      pays to the department of State a penalty of $5 for each day it
1988      has failed to so comply or $500, whichever is less. A court may
1989      stay a proceeding commenced by a corporation until the
1990      corporation complies with this section.
1991              (6)     For the purposes of this section, the term "authorized
1992      entity" means:
1993              (a)     A corporation for profit;
1994              (b)     A limited liability company;
1995              (c)     A limited liability partnership; or
1996              (d)     A limited partnership, including a limited liability
1997      limited partnership.
1998              Section 20.            Section 617.0502, Florida Statutes, is amended
1999      to read:
2000              617.0502          Change of registered office or registered agent;

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          CS/HB 797                                                                                            2026




2001      resignation of registered agent.—
2002              (1)     A corporation may change its registered office or its
2003      registered agent upon filing with the department of State a
2004      statement of change setting forth:
2005              (a)     The name of the corporation;
2006              (b)     The name street address of its current registered
2007      agent office;
2008              (c)     If the current registered agent office is to be
2009      changed, the name street address of the new registered agent
2010      office;
2011              (d)     The street address name of its current registered
2012      office for its current registered agent;
2013              (e)     If the street address of the current registered office
2014      is to be changed, the new street address of the registered
2015      office in this state.
2016              (2)     If the its current registered agent is to be changed,
2017      the written acceptance name of the successor new registered
2018      agent as described in s. 617.0501(3) must be provided to the
2019      department and the new agent's written consent (either on the
2020      statement or attached to it) to the appointment;
2021              (f)     That the street address of its registered office and
2022      the street address of the business office of its registered
2023      agent, as changed, will be identical; and
2024              (g)     That such change was authorized by resolution duly
2025      adopted by its board of directors or by an officer of the

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          CS/HB 797                                                                                            2026




2026      corporation so authorized by the board of directors.
2027              (2)(a)       Any registered agent may resign his or her agency
2028      appointment by signing and delivering for filing with the
2029      Department of State a statement of resignation and mailing a
2030      copy of such statement to the corporation at its mailing address
2031      of the respective corporation that then appears in the records
2032      of the Department of State; provided, however, that if a
2033      composite statement of resignation is being filed pursuant to
2034      paragraph (b), the registered agent must promptly mail a copy of
2035      either the composite statement of resignation or a separate
2036      notice of resignation for each respective corporation, in each
2037      case using the respective mailing address of the respective
2038      corporation that then appears in the records of the Department
2039      of State. The statement of resignation shall state that a copy
2040      of such statement of resignation or, if applicable, notice of
2041      resignation, has been mailed to the corporation at the address
2042      so stated. The agency is terminated as of the 31st day after the
2043      date on which the statement was filed and unless otherwise
2044      provided in the statement, termination of the agency acts as a
2045      termination of the registered office.
2046              (b)     If a registered agent is resigning as registered agent
2047      from one or more corporations that each have been dissolved,
2048      either voluntarily, administratively, or by court action, for a
2049      continuous period of 10 years or longer, the registered agent
2050      may elect to file the statement of resignation separately for

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          CS/HB 797                                                                                            2026




2051      each such corporation or may elect to file a single composite
2052      statement of resignation covering two or more corporations. Any
2053      such composite statement of resignation must set forth, for each
2054      such corporation covered by the statement of resignation, the
2055      name of the respective corporation and the date that dissolution
2056      became effective for the respective corporation. This subsection
2057      is applicable only to resignations by registered agents from
2058      domestic corporations.
2059              (3)     If a registered agent changes his or her business name
2060      or business address, he or she may change such name or address
2061      and the address of the registered office of any corporation for
2062      which he or she is the registered agent by:
2063              (a)     Notifying all such corporations in writing of the
2064      change;
2065              (b)     Signing (either manually or in facsimile) and
2066      delivering to the Department of State for filing a statement
2067      that substantially complies with the requirements of paragraphs
2068      (1)(a)-(f), setting forth the names of all such corporations
2069      represented by the registered agent; and
2070              (c)     Reciting that each corporation has been notified of
2071      the change.
2072              (4)     Changes of the registered office or registered agent
2073      may be made by a change on the corporation's annual report form
2074      filed with the Department of State.
2075              (5)     The Department of State shall collect a fee pursuant

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          CS/HB 797                                                                                            2026




2076      to s. 15.09(2) for filings authorized by this section.
2077              Section 21.           Section 617.05021, Florida Statutes, is
2078      created to read:
2079              617.05021         Resignation of a registered agent.—
2080              (1)(a)       A registered agent may resign as agent for a
2081      corporation by delivering to the department a signed statement
2082      of resignation and mailing a copy of such statement to the
2083      corporation at its mailing address of the respective corporation
2084      that then appears in the records of the department; provided,
2085      however, that if a composite statement of resignation is being
2086      filed pursuant to paragraph (b), the registered agent must
2087      promptly mail a copy of either the composite statement of
2088      resignation or a separate notice of resignation for each
2089      respective corporation, in each case using the respective
2090      mailing address of the respective corporation that then appears
2091      in the records of the department.
2092              (b)     If a registered agent is resigning as registered agent
2093      from one or more corporations that each have been dissolved,
2094      either voluntarily, administratively, or by court action, for a
2095      continuous period of 10 years or longer, the registered agent
2096      may elect to file the statement of resignation separately for
2097      each such corporation or may elect to file a single composite
2098      statement of resignation covering two or more corporations. Any
2099      such composite statement of resignation must set forth, for each
2100      such corporation covered by the statement of resignation, the

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          CS/HB 797                                                                                            2026




2101      name of the respective corporation and the date that dissolution
2102      became effective for the respective corporation. This paragraph
2103      is applicable only to resignations by registered agents from
2104      domestic corporations.
2105              (2)     A registered agent is terminated upon the earlier of:
2106              (a)     The 31st day after the department files the statement
2107      of resignation; or
2108              (b)     When a statement of change or other record designating
2109      a new registered agent is filed by the department.
2110              (3)     When a statement of resignation takes effect, the
2111      registered agent ceases to have responsibility for a matter
2112      thereafter tendered to it as agent for the corporation. The
2113      resignation does not affect contractual rights that the
2114      corporation has against the agent or that the agent has against
2115      the corporation.
2116              (4)     A registered agent may resign from a corporation
2117      regardless of whether the corporation has active status.
2118              Section 22.           Section 617.05022, Florida Statutes, is
2119      created to read:
2120              617.05022         Change of name or address by a registered
2121      agent.—
2122              (1)     If a registered agent changes the registered agent's
2123      name or business address, the agent may deliver to the
2124      department for filing a statement of change that provides the
2125      following:

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          CS/HB 797                                                                                            2026




2126              (a)     The name of the corporation represented by the
2127      registered agent.
2128              (b)     The name of the registered agent as currently shown in
2129      the records of the department for the corporation.
2130              (c)     If the name of the registered agent has changed, its
2131      new name.
2132              (d)     If the address of the registered agent has changed,
2133      the new address.
2134              (e)     A statement that the registered agent has given the
2135      notice required under subsection (2).
2136              (2)     A registered agent shall promptly furnish notice to
2137      the represented corporation of the statement of change and the
2138      changes made in the statement, as delivered to the department.
2139              (3)     A statement of change is effective when filed by the
2140      department.
2141              (4)     The changes described in this section may also be made
2142      on the corporation's annual report, in an application for
2143      reinstatement filed with the department under s. 617.1422, or in
2144      an amendment to or restatement of the company's articles of
2145      incorporation in accordance with s. 617.1006 or s. 617.1007.
2146              (5)     The department shall collect a fee pursuant to s.
2147      15.09(2) for filings authorized by this section.
2148              Section 23.            Section 617.0503, Florida Statutes, is amended
2149      to read:
2150              617.0503          Failure to maintain registered agent; subpoena by

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          CS/HB 797                                                                                            2026




2151      the Department of Legal Affairs Registered agent; duties;
2152      confidentiality of investigation records.—
2153              (1)(a)       Each corporation or, foreign corporation, or alien
2154      business organization that owns real property located in this
2155      state, that owns a mortgage on real property located in this
2156      state, or that conducts affairs transacts business in this state
2157      shall have and continuously maintain in this state a registered
2158      office and a registered agent and shall file with the department
2159      of State notice of the registered office and registered agent as
2160      provided in ss. 617.0501 and 617.0502. The appointment of a
2161      registered agent in compliance with s. 617.0501 or s. 617.0502
2162      is sufficient for purposes of this section if the registered
2163      agent so appointed files, in the form and manner prescribed by
2164      the department of State, an acceptance of the obligations
2165      provided for in this section.
2166              (b)     Each such corporation or, foreign corporation, or
2167      alien business organization that fails to have and continuously
2168      maintain a registered office and a registered agent as required
2169      in this section is liable to this state for $500 for each year,
2170      or part of a year, during which the domestic or corporation,
2171      foreign corporation, or alien business organization fails to
2172      comply with these requirements; but this liability is forgiven
2173      in full upon the compliance by the domestic or foreign
2174      corporation, foreign corporation, or alien business organization
2175      with the requirements of this subsection, even if that

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          CS/HB 797                                                                                            2026




2176      compliance occurs after an action to collect such amount is
2177      instituted. The Department of Legal Affairs may file an action
2178      in the circuit court for the judicial circuit in which the
2179      domestic or foreign corporation, foreign corporation, or alien
2180      business organization is found or conducts affairs transacts
2181      business, or in which real property belonging to the domestic or
2182      foreign corporation, foreign corporation, or alien business
2183      organization is located, to petition the court for an order
2184      directing that a registered agent be appointed and that a
2185      registered office be designated, and to obtain judgment for the
2186      amount owed under this subsection. In connection with such
2187      proceeding, the department may, without prior approval by the
2188      court, file a lis pendens against real property owned by the
2189      domestic or foreign corporation, foreign corporation, or alien
2190      business organization, which lis pendens must shall set forth
2191      the legal description of the real property and must shall be
2192      filed in the public records of the county where the real
2193      property is located. If the lis pendens is filed in any county
2194      other than the county in which the action is pending, the lis
2195      pendens that is filed must be a certified copy of the original
2196      lis pendens. The failure to comply timely or fully with an order
2197      directing that a registered agent be appointed and that a
2198      registered office be designated will result in a civil penalty
2199      of not more than $1,000 for each day of noncompliance. A
2200      judgment or an order of payment entered under this subsection

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          CS/HB 797                                                                                            2026




2201      becomes a judgment lien against any real property owned by the
2202      domestic or foreign corporation, foreign corporation, or alien
2203      business organization when a certified copy of the judgment or
2204      order is recorded as required by s. 55.10. The department may
2205      avail itself of, and is entitled to use, any provision of law or
2206      of the Florida Rules of Civil Procedure to further the
2207      collecting or obtaining of payment pursuant to a judgment or
2208      order of payment. The state, through the Attorney General, may
2209      bid, at any judicial sale to enforce its judgment lien, any
2210      amount up to the amount of the judgment or lien obtained
2211      pursuant to this subsection. All moneys recovered under this
2212      subsection must shall be treated as forfeitures under ss.
2213      895.01-895.09 and used or distributed in accordance with the
2214      procedure set forth in s. 895.09. A domestic or foreign
2215      corporation, foreign corporation, or alien business organization
2216      that fails to have and continuously maintain a registered office
2217      and a registered agent as required in this section may not
2218      defend itself against any action instituted by the Department of
2219      Legal Affairs or by any other agency of this state until the
2220      requirements of this subsection have been met.
2221              (2)     Each domestic or foreign corporation, foreign
2222      corporation, or alien business organization that owns real
2223      property located in this state, that owns a mortgage on real
2224      property located in this state, or that conducts affairs
2225      transacts business in this state must shall, pursuant to

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          CS/HB 797                                                                                            2026




2226      subpoena served upon the registered agent of the domestic or
2227      foreign corporation, foreign corporation, or alien business
2228      organization issued by the Department of Legal Affairs, produce,
2229      through its registered agent or through a designated
2230      representative within 30 days after service of the subpoena,
2231      testimony and records showing the following:
2232              (a)     True copies of documents evidencing the legal
2233      existence of the entity, including the articles of incorporation
2234      and any amendments to the articles of incorporation or the legal
2235      equivalent of the articles of incorporation and such amendments.
2236              (b)     The names and addresses of each current officer and
2237      director of the entity or persons holding equivalent positions.
2238              (c)     The names and addresses of all prior officers and
2239      directors of the entity or persons holding equivalent positions,
2240      for a period not to exceed the 5 years previous to the date of
2241      issuance of the subpoena.
2242              (d)     The names and addresses of each member current
2243      shareholder, equivalent equitable owner, and ultimate equitable
2244      owner of the entity, the number of which names is limited to the
2245      names of the 100 members holding the largest share of voting
2246      power of the domestic or foreign corporation shareholders,
2247      equivalent equitable owners, and ultimate equitable owners that,
2248      in comparison to all other shareholders, equivalent equitable
2249      owners, or ultimate equitable owners, respectively, own the
2250      largest number of shares of stock of the corporation, foreign

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          CS/HB 797                                                                                            2026




2251      corporation, or alien business organization or the largest
2252      percentage of an equivalent form of equitable ownership of the
2253      corporation, foreign corporation, or alien business
2254      organization.
2255              (e)      The names and addresses of all previous members prior
2256      shareholders, equivalent equitable owners, and ultimate
2257      equitable owners of the entity for the 12-month period preceding
2258      the date of issuance of the subpoena, the number of which names
2259      is limited to the 100 members holding the largest share of
2260      voting power of the domestic or foreign corporation
2261      shareholders, equivalent equitable owners, and ultimate
2262      equitable owners that, in comparison to all other shareholders,
2263      equivalent equitable owners, or ultimate equitable owners,
2264      respectively, own the largest number of shares of stock of the
2265      corporation, foreign corporation, or alien business organization
2266      or the largest percentage of an equivalent form of equitable
2267      ownership of the corporation, foreign corporation, or alien
2268      business organization.
2269              (f)      The names and addresses of the person or persons who
2270      provided the records and information to the registered agent or
2271      designated representative of the entity.
2272              (g)      The requirements of paragraphs (d) and (e) do not
2273      apply to:
2274              1.      A financial institution;
2275              2.      A corporation, foreign corporation, or alien business

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          CS/HB 797                                                                                            2026




2276      organization the securities of which are registered pursuant to
2277      s. 12 of the Securities Exchange Act of 1934, 15 U.S.C. ss. 78a-
2278      78kk, if such corporation, foreign corporation, or alien
2279      business organization files with the United States Securities
2280      and Exchange Commission the reports required by s. 13 of that
2281      act; or
2282              3.      A corporation, foreign corporation, or alien business
2283      organization, the securities of which are regularly traded on an
2284      established securities market located in the United States or on
2285      an established securities market located outside the United
2286      States, if such non-United States securities market is
2287      designated by rule adopted by the Department of Legal Affairs;
2288
2289      upon a showing by the corporation, foreign corporation, or alien
2290      business organization that the exception in subparagraph 1.,
2291      subparagraph 2., or subparagraph 3. applies to the corporation,
2292      foreign corporation, or alien business organization. Such
2293      exception in subparagraph 1., subparagraph 2., or subparagraph
2294      3. does not, however, exempt the corporation, foreign
2295      corporation, or alien business organization from the
2296      requirements for producing records, information, or testimony
2297      otherwise imposed under this section for any period of time when
2298      the requisite conditions for the exception did not exist.
2299              (3)      The time limit for producing records and testimony may
2300      be extended for good cause shown by the domestic or foreign

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          CS/HB 797                                                                                            2026




2301      corporation, foreign corporation, or alien business
2302      organization.
2303              (4)     A domestic or foreign corporation person, corporation,
2304      foreign corporation, or alien business organization designating
2305      an attorney or, accountant, or spouse as a registered agent or
2306      designated representative shall, with respect to this state or
2307      any agency or subdivision of this state, be deemed to have
2308      waived any privilege that might otherwise attach to
2309      communications with respect to the information required to be
2310      produced pursuant to subsection (2), which communications are
2311      among such domestic or foreign corporation, foreign corporation,
2312      or alien business organization; the registered agent or
2313      designated representative of such domestic or foreign
2314      corporation, foreign corporation, or alien business
2315      organization; and the beneficial owners of such domestic or
2316      foreign corporation, foreign corporation, or alien business
2317      organization. The duty to comply with the provisions of this
2318      section will not be excused by virtue of any privilege or
2319      provision of law of this state or any other state or country,
2320      which privilege or provision authorizes or directs that the
2321      testimony or records required to be produced under subsection
2322      (2) are privileged or confidential or otherwise may not be
2323      disclosed.
2324              (5)     If a domestic or foreign corporation, foreign
2325      corporation, or alien business organization fails without lawful

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          CS/HB 797                                                                                            2026




2326      excuse to comply timely or fully with a subpoena issued pursuant
2327      to subsection (2), the Department of Legal Affairs may file an
2328      action in the circuit court for the judicial circuit in which
2329      the domestic or foreign corporation, foreign corporation, or
2330      alien business organization is found or conducts affairs,
2331      transacts business or in which real property belonging to the
2332      domestic or foreign corporation, foreign corporation, or alien
2333      business organization is located, for an order compelling
2334      compliance with the subpoena. The failure without a lawful
2335      excuse to comply timely or fully with an order compelling
2336      compliance with the subpoena will result in a civil penalty of
2337      not more than $1,000 for each day of noncompliance with the
2338      order. In connection with such proceeding, the department may,
2339      without prior approval by the court, file a lis pendens against
2340      real property owned by the domestic or foreign corporation,
2341      foreign corporation, or alien business organization, which lis
2342      pendens must shall set forth the legal description of the real
2343      property and must shall be filed in the public records of the
2344      county where the real property is located. If the lis pendens is
2345      filed in any county other than the county in which the action is
2346      pending, the lis pendens that is filed must be a certified copy
2347      of the original lis pendens. A judgment or an order of payment
2348      entered pursuant to this subsection will become a judgment lien
2349      against any real property owned by the domestic or foreign
2350      corporation, foreign corporation, or alien business organization

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          CS/HB 797                                                                                            2026




2351      when a certified copy of the judgment or order is recorded as
2352      required by s. 55.10. The department may avail itself of, and is
2353      entitled to use, any provision of law or of the Florida Rules of
2354      Civil Procedure to further the collecting or obtaining of
2355      payment pursuant to a judgment or order of payment. The state,
2356      through the Attorney General, may bid at any judicial sale to
2357      enforce its judgment lien, an amount up to the amount of the
2358      judgment or lien obtained pursuant to this subsection. All
2359      moneys recovered under this subsection shall be treated as
2360      forfeitures under ss. 895.01-895.09 and used or distributed in
2361      accordance with the procedure set forth in s. 895.09.
2362              (6)     Information provided to, and records and
2363      transcriptions of testimony obtained by, the Department of Legal
2364      Affairs pursuant to this section are confidential and exempt
2365      from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
2366      State Constitution while the investigation is active. For
2367      purposes of this section, an investigation shall be considered
2368      "active" while such investigation is being conducted with a
2369      reasonable, good faith belief that it may lead to the filing of
2370      an administrative, a civil, or a criminal proceeding. An
2371      investigation does not cease being to be active so long as the
2372      department is proceeding with reasonable dispatch and there is a
2373      good faith belief that action may be initiated by the department
2374      or other administrative or law enforcement agency. Except for
2375      active criminal intelligence or criminal investigative

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          CS/HB 797                                                                                            2026




2376      information, as defined in s. 119.011, and information which, if
2377      disclosed, would reveal a trade secret, as defined in s.
2378      688.002, or would jeopardize the safety of an individual, all
2379      information, records, and transcriptions become available to the
2380      public when the investigation is completed or becomes inactive
2381      ceases to be active. The department may shall not disclose
2382      confidential information, records, or transcriptions of
2383      testimony except pursuant to authorization by the Attorney
2384      General in any of the following circumstances:
2385              (a)     To a law enforcement agency participating in or
2386      conducting a civil investigation under chapter 895, or
2387      participating in or conducting a criminal investigation.
2388              (b)     In the course of filing, participating in, or
2389      conducting a judicial proceeding instituted pursuant to this
2390      section or chapter 895.
2391              (c)     In the course of filing, participating in, or
2392      conducting a judicial proceeding to enforce an order or judgment
2393      entered pursuant to this section or chapter 895.
2394              (d)     In the course of a criminal proceeding.
2395
2396      A person or law enforcement agency that receives any
2397      information, record, or transcription of testimony that has been
2398      made confidential by this subsection shall maintain the
2399      confidentiality of such material and may shall not disclose such
2400      information, record, or transcription of testimony except as

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          CS/HB 797                                                                                            2026




2401      provided for herein. Any person who willfully discloses any
2402      information, record, or transcription of testimony that has been
2403      made confidential by this subsection, except as provided for in
2404      this subsection, commits a misdemeanor of the first degree,
2405      punishable as provided in s. 775.082 or s. 775.083. If any
2406      information, record, or testimony obtained pursuant to
2407      subsection (2) is offered in evidence in any judicial
2408      proceeding, the court may, in its discretion, seal that portion
2409      of the record to further the policies of confidentiality set
2410      forth in this subsection.
2411              (7)     This section is supplemental and may shall not be
2412      construed to preclude or limit the scope of evidence gathering
2413      or other permissible discovery pursuant to any other subpoena or
2414      discovery method authorized by law or rule of procedure.
2415              (8)     It is unlawful for any person, with respect to any
2416      record or testimony produced pursuant to a subpoena issued by
2417      the Department of Legal Affairs under subsection (2), to
2418      knowingly and willfully falsify, conceal, or cover up a material
2419      fact by a trick, scheme, or device; make any false, fictitious,
2420      or fraudulent statement or representation; or make or use any
2421      false writing or document knowing the writing or document to
2422      contain any false, fictitious, or fraudulent statement or entry.
2423      A person who violates this subsection commits a felony of the
2424      third degree, punishable as provided in s. 775.082, s. 775.083,
2425      or s. 775.084.

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          CS/HB 797                                                                                            2026




2426              (9)      In the absence of a written agreement to the contrary,
2427      a registered agent is not liable for the failure to give notice
2428      of the receipt of a subpoena under subsection (2) to the
2429      domestic or foreign corporation, foreign corporation, or alien
2430      business organization that appointed the registered agent if the
2431      registered agent timely sends written notice of the receipt of
2432      the subpoena by first-class mail or domestic or international
2433      air mail, postage fees prepaid, to the last address that has
2434      been designated in writing to the registered agent by the
2435      appointing domestic or foreign corporation, foreign corporation,
2436      or alien business organization.
2437              (10)        The designation of a registered agent and a
2438      registered office as required by subsection (1) for a domestic
2439      or foreign corporation, foreign corporation, or alien business
2440      organization that owns real property in this state or a mortgage
2441      on real property in this state is solely for the purposes of
2442      this chapter; and, notwithstanding s. 48.181, s. 617.1502, s.
2443      617.1503, or any other relevant section of the Florida Statutes,
2444      such designation may not be used in determining whether the
2445      domestic or foreign corporation, foreign corporation, or alien
2446      business organization is actually doing business in this state.
2447              (11)        As used in this section, the term:
2448              (a)     "Alien business organization" means:
2449              1.      Any corporation, association, partnership, trust, joint
2450      stock company, or other entity organized under any laws other

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          CS/HB 797                                                                                            2026




2451      than the laws of the United States, of any United States
2452      territory or possession, or of any state of the United States;
2453      or
2454               2.      Any corporation, association, partnership, trust, joint
2455      stock company, or other entity or device 10 percent or more of
2456      which is owned or controlled, directly or indirectly, by an
2457      entity described in subparagraph 1. or by a foreign natural
2458      person.
2459               (b)      "Financial institution" means:
2460               1.      A bank, banking organization, or savings association,
2461      as defined in s. 220.62;
2462               2.      An insurance company, trust company, credit union, or
2463      industrial savings bank, any of which is licensed or regulated
2464      by an agency of the United States or any state of the United
2465      States; or
2466               3.      Any person licensed under the provisions of chapter
2467      494.
2468               (c)     "Mortgage" means a mortgage on real property situated
2469      in this state, except a mortgage owned by a financial
2470      institution.
2471               (b)(d)      "Real property" means any real property situated in
2472      this state or any interest in such real property.
2473               (e)     "Ultimate equitable owner" means a natural person who,
2474      directly or indirectly, owns or controls an ownership interest
2475      in a corporation, foreign corporation, or alien business

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          CS/HB 797                                                                                             2026




2476      organization, regardless of whether such natural person owns or
2477      controls such ownership interest through one or other natural
2478      persons or one or more proxies, powers of attorney, nominees,
2479      corporations, associations, partnerships, trusts, joint stock
2480      companies, or other entities or devices, or any combination
2481      thereof.
2482              (12)        Any alien business organization may withdraw its
2483      registered agent designation by delivering an application for
2484      certificate of withdrawal to the department for filing. The
2485      application shall set forth:
2486              (a)     The name of the alien business organization and the
2487      jurisdiction under the law of which it is incorporated or
2488      organized; and
2489              (b)     That it is no longer required to maintain a registered
2490      agent in this state.
2491              Section 24.            Section 617.0505, Florida Statutes, is amended
2492      to read:
2493              617.0505          Distributions and dividends prohibited;
2494      exceptions.—Except as authorized in s. 617.1302, A corporation
2495      may not make distributions to its members, directors, or
2496      officers.
2497              (1)     A corporation may not pay any dividend and may not
2498      make distributions of any part of the net income or net earnings
2499      of the corporation to its members, directors, or officers,
2500      except that a corporation may:

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          CS/HB 797                                                                                             2026




2501              (a)     Make payments for compensation and benefits as
2502      authorized in s. 617.0603, membership purchases as authorized in
2503      s. 617.0608(2), and compensation for directors as authorized in
2504      s. 617.08101;
2505              (b)     Make distributions to its members upon dissolution in
2506      conformity with the dissolution provisions of this chapter or,
2507      if expressly permitted by its articles of incorporation, upon
2508      partial liquidation; and
2509              (c)     Make distributions to another nonprofit entity or
2510      governmental unit that is a member of the distributing
2511      corporation or has the power to appoint one or more of the
2512      directors of the distributing corporation A mutual benefit
2513      corporation, such as a private club that is established for
2514      social, pleasure, or recreational purposes and that is organized
2515      as a corporation of which the equity interests are held by the
2516      members, may, subject to s. 617.1302, purchase the equity
2517      membership interest of any member, and the payment for such
2518      interest is not a distribution for purposes of this section.
2519              (2)     A corporation may pay compensation in a reasonable
2520      amount to its members, directors, or officers for services
2521      rendered, may confer benefits upon its members in conformity
2522      with its purposes, and, upon dissolution or final liquidation,
2523      may make distributions to its members as permitted by this
2524      chapter.
2525              (3)     If expressly permitted by its articles of

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          CS/HB 797                                                                                             2026




2526      incorporation, a corporation may make distributions upon partial
2527      liquidation to its members, as permitted by this section. Any
2528      such payment, benefit, or distribution does not constitute a
2529      dividend or a distribution of income or profit for purposes of
2530      this section.
2531              (4)     A corporation that is a utility exempt from regulation
2532      under s. 367.022(7), whose articles of incorporation state that
2533      it is exempt from taxation under s. 501(c)(12) of the Internal
2534      Revenue Code of 1986, as amended, may make refunds to its
2535      members, before prior to a dissolution or liquidation, as its
2536      managing board deems necessary to establish or preserve its tax-
2537      exempt status. Any such refund does not constitute a dividend or
2538      a distribution of income or earnings profit for purposes of this
2539      section.
2540              (3)(5)       A corporation that is regulated by chapter 718,
2541      chapter 719, chapter 720, chapter 721, or chapter 723, or a
2542      corporation where membership in such corporation is required
2543      pursuant to a document recorded in the official county property
2544      records, may make refunds to its members, give giving credits to
2545      its members, disburse disbursing insurance proceeds to its
2546      members, or disburse disbursing or pay paying settlements to its
2547      members without violating this section.
2548              (4)     A dividend or distribution by a nonprofit insurance
2549      company subsidiary to its mutual insurance holding company
2550      organized under part III of chapter 628, directly or indirectly

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          CS/HB 797                                                                                             2026




2551      through one or more intermediate holding companies authorized
2552      under that part, is not a distribution for the purposes of this
2553      chapter.
2554              Section 25.            Paragraph (b) of subsection (1) and
2555      subsections (3) through (7) of section 617.0601, Florida
2556      Statutes, are amended, and subsections (8) and (9) are added to
2557      that section, to read:
2558              617.0601          Members, generally.—
2559              (1)
2560              (b)     For The articles of incorporation or bylaws of any
2561      nonprofit corporation not for profit that does not have members,
2562      or does not have members entitled to vote on a matter, any law
2563      requiring notice to, the presence of, or the vote, consent, or
2564      other action by members of the corporation in connection with
2565      such matter is satisfied by notice to, the presence of, or the
2566      vote, consent, or other action by the board of directors of the
2567      nonprofit corporation maintains chapters or affiliates may grant
2568      representatives of such chapters or affiliates the right to vote
2569      in conjunction with the board of directors of the corporation
2570      notwithstanding applicable quorum or voting requirements of this
2571      chapter if the corporation is registered with the Department of
2572      Agriculture and Consumer Services pursuant to ss. 496.401-
2573      496.424, the Solicitation of Contributions Act.
2574              (3)     Corporation members have no voting or other rights
2575      except as provided in the articles of incorporation or bylaws

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          CS/HB 797                                                                                             2026




2576      and each member has the same rights and obligations as every
2577      other member except as provided in the articles of incorporation
2578      or bylaws. However, members of any corporation existing on July
2579      1, 1991, shall continue to have the same voting and other rights
2580      as before such date until changed by amendment of the articles
2581      of incorporation or bylaws.
2582              (4)     A corporation shall keep a membership list book
2583      containing, in alphabetical order, the name and address of each
2584      member. The corporation shall also keep records in accordance
2585      with s. 617.1601.
2586              (5)     A resignation, expulsion, suspension, or termination
2587      of membership pursuant to s. 617.0606 or s. 617.0607 must shall
2588      be recorded in the membership list book. Unless otherwise
2589      provided in the articles of incorporation or the bylaws, all the
2590      rights and privileges of a member cease on termination of
2591      membership.
2592              (6)     Except as provided in the articles of incorporation or
2593      the bylaws, a corporation may admit members for no consideration
2594      or for such consideration as is determined by the board of
2595      directors. The consideration may take any form, including, but
2596      not limited to, promissory notes, intangible property, or past
2597      or future services. Payment of such consideration may be made at
2598      such times and upon such terms as are set forth in or authorized
2599      by the articles of incorporation, bylaws, or action of the board
2600      of directors Subsections (1), (2), (3), and (4) do not apply to

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          CS/HB 797                                                                                             2026




2601      a corporation that is an association as defined in s. 720.301.
2602              (7)     Where the articles of incorporation expressly limit
2603      membership in the corporation to property owners within specific
2604      measurable geographic boundaries and where the corporation has
2605      been formed for the benefit of all of those property owners, no
2606      such property owner may not shall be denied membership, provided
2607      that such property owner once admitted to membership complies,
2608      shall comply with the terms and conditions of membership which
2609      may provide for termination of membership upon ceasing to be a
2610      property owner. Any bylaws, rules, or other regulations to the
2611      contrary are deemed void and any persons excluded from
2612      membership by such bylaws, rules, or other regulations are
2613      deemed members with full rights, including the right, by the
2614      majority, or as otherwise provided in the articles of
2615      incorporation, to call for a meeting of the membership.
2616              (8)     A corporation may not be a member of itself or
2617      exercise the rights of a member with respect to itself. Upon a
2618      corporation's purchase of its own membership interest in
2619      accordance with s. 617.0608, the membership interest is
2620      canceled.
2621              (9)     Subsections (1)-(4) do not apply to a corporation that
2622      is an association as defined in s. 720.301.
2623              Section 26.            Section 617.0603, Florida Statutes, is created
2624      to read:
2625              617.0603          Compensation and benefits.—A corporation may do

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          CS/HB 797                                                                                             2026




2626      any of the following:
2627              (1)     Pay compensation in reasonable amounts to its members,
2628      directors, officers, agents, and employees for services
2629      rendered.
2630              (2)     Confer benefits upon its members in conformity with
2631      its purposes.
2632              (3)     Upon dissolution or final liquidation, make
2633      distributions to its members or others as permitted by this
2634      chapter.
2635
2636      No such payments, benefits, or distributions may be deemed to be
2637      a dividend or a distribution of income or earnings.
2638              Section 27.            Subsection (2) of section 617.0604, Florida
2639      Statutes, is amended, and subsections (3) through (7) are added
2640      to that section, to read:
2641              617.0604          Liability of members.—
2642              (2)     A corporation may levy dues, assessments, and fees on
2643      its members to the extent authorized in the articles of
2644      incorporation or the bylaws. Dues, assessments, and fees may be
2645      imposed on members of the same class either alike or in
2646      different amounts or proportions, and may be imposed on a
2647      different basis on different classes of members. Members of a
2648      class may be made exempt from dues, assessments, and fees to the
2649      extent provided in the articles of incorporation or the bylaws A
2650      member may become liable to the corporation for dues,

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          CS/HB 797                                                                                             2026




2651      assessments, or fees as provided by law.
2652              (3)     The amount and method of collection of dues,
2653      assessments, and fees may be fixed in the articles of
2654      incorporation or bylaws, or the articles of incorporation or
2655      bylaws may authorize the board of directors or its members to
2656      fix the amount and method of collection.
2657              (4)     The articles of incorporation or bylaws may provide
2658      reasonable means, such as termination and reinstatement of
2659      membership, to enforce the collection of dues, assessments, and
2660      fees.
2661              (5)     A creditor of a corporation may not bring a proceeding
2662      to reach the liability, if any, of a member of the corporation
2663      unless final judgment has been rendered in favor of the creditor
2664      against the corporation and execution has been returned
2665      unsatisfied in whole or in part or unless the proceeding would
2666      be useless.
2667              (6)     All creditors of a corporation, with or without
2668      reducing their claims to judgment, may intervene in any other
2669      creditor's proceeding brought pursuant to subsection (5) to
2670      reach and apply unpaid amounts due from the corporation. All
2671      members who owe unpaid amounts to the corporation may be joined
2672      in the proceeding.
2673              (7)     Satisfaction of a debt owed to a creditor by the
2674      corporation through payment of a member who owes unpaid amounts
2675      to the corporation satisfies the debt of the corporation to the

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          CS/HB 797                                                                                             2026




2676      creditor and the debt of the member to the corporation to the
2677      extent so paid by the member to the creditor.
2678              Section 28.            Section 617.0605, Florida Statutes, is amended
2679      to read:
2680              617.0605          Transfer of membership interests.—
2681              (1)     Except as provided in the articles of incorporation or
2682      bylaws, a member of a corporation may not transfer a membership
2683      or any right arising from membership except as otherwise allowed
2684      in this section.
2685              (2)     Except as set forth in the articles of incorporation
2686      or bylaws of a mutual benefit corporation, a member of a mutual
2687      benefit corporation may not transfer a membership or any right
2688      arising from membership.
2689              (3)     Where the right to If transfer a membership has been
2690      provided in the articles of incorporation or bylaws rights have
2691      been provided for one or more members of a mutual benefit
2692      corporation, a restriction on such rights is not binding with
2693      respect to a member holding a membership issued before the
2694      adoption of the restriction unless the restriction is approved
2695      by the members and the affected member.
2696              Section 29.            Section 617.0606, Florida Statutes, is amended
2697      to read:
2698              617.0606          Resignation of members.—
2699              (1)     Except as may be provided in the articles of
2700      incorporation or bylaws of a corporation, A member may resign at

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          CS/HB 797                                                                                             2026




2701      any time for any reason of a mutual benefit corporation may not
2702      transfer a membership or any right arising from membership.
2703              (2)     The resignation of a member does not relieve the
2704      member from any obligations that the member may have to the
2705      corporation as a result of obligations incurred or commitments
2706      made before resignation.
2707              Section 30.            Subsections (3) and (4) of section 617.0607,
2708      Florida Statutes, are amended, and subsection (5) is added to
2709      that section, to read:
2710              617.0607          Termination, expulsion, and suspension.—
2711              (3)     Any proceeding challenging an expulsion, suspension,
2712      or termination, including a proceeding in which the defective
2713      notice is alleged, must be commenced within 1 year after the
2714      effective date of the expulsion, suspension, or termination.
2715              (4)     A member who has been expelled or suspended or has had
2716      a membership suspended or terminated may be liable to the
2717      corporation for dues, assessments, or fees as a result of
2718      obligations incurred or commitments made before the expulsion,
2719      or suspension, or termination. The expulsion, suspension, or
2720      termination does not relieve the member of any obligations or
2721      commitments made before the expulsion, suspension, or
2722      termination.
2723              (5)     A corporation may, if authorized in the articles of
2724      incorporation or bylaws, levy fines or otherwise penalize its
2725      members. A fine or penalty, other than a late fee for nonpayment

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          CS/HB 797                                                                                             2026




2726      of dues, may not be levied until after the corporation has
2727      provided notice thereof to the member concerned and has afforded
2728      the affected member an opportunity to be heard on the matter.
2729              Section 31.            Section 617.0608, Florida Statutes, is amended
2730      to read:
2731              617.0608          Purchase of memberships.—
2732              (1)     A corporation described in s. 501(c)(3) of the
2733      Internal Revenue Code of 1986, as amended, may not purchase the
2734      membership interests of any of its members any of its
2735      memberships or any right arising from membership. Any
2736      corporation that is not described in s. 501(c)(3) of the
2737      Internal Revenue Code of 1986, as amended, may purchase the
2738      membership interest of any member or any right arising from
2739      membership to the extent provided in the articles of
2740      incorporation or bylaws. No such payment for purchase of
2741      membership interest or right arising from membership may be
2742      deemed a dividend or a distribution of income or earnings except
2743      as provided in s. 617.0505 or subsection (2).
2744              (2)     Subject to subsection (1) s. 617.1302, a mutual
2745      benefit corporation may purchase the membership interest of a
2746      member who resigns, or whose membership is terminated, for the
2747      amount and pursuant to the conditions set forth in its articles
2748      of incorporation or bylaws, but only if, after the completing
2749      the purchase:
2750              (a)     The corporation is able to pay its debts as they

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          CS/HB 797                                                                                             2026




2751      become due in the usual course of its activities; and
2752              (b)     The total assets of the corporation are at least equal
2753      to the sum of its liabilities.
2754              Section 32.            Section 617.0701, Florida Statutes, is amended
2755      to read:
2756              617.0701          Meetings of members, generally; failure to hold
2757      annual meeting; special meeting; consent to corporate actions
2758      without meetings; waiver of notice of meetings.—
2759              (1)     A corporation with members may hold meetings of
2760      members for the transaction of any proper business at such times
2761      stated in or fixed in accordance with the articles of
2762      incorporation or bylaws. The frequency of all meetings of
2763      members, the time and manner of notice of such meetings, the
2764      conduct and adjournment of such meetings, the determination of
2765      members entitled to notice or to vote at such meetings, and the
2766      number or voting power of members necessary to constitute a
2767      quorum, shall be determined by or in accordance with the
2768      articles of incorporation or the bylaws. Annual, regular, and
2769      special meetings of the members may be held in or out of this
2770      state, and the place and time of all meetings may be determined
2771      by the board of directors.
2772              (2)     The failure to hold an annual meeting at the time
2773      stated in or fixed in accordance with a corporation's articles
2774      of incorporation or bylaws or pursuant to this chapter does not
2775      work cause a forfeiture or give cause for dissolution of the

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          CS/HB 797                                                                                             2026




2776      corporation, and nor does not such failure affect the validity
2777      of any corporate action otherwise valid corporate acts, except
2778      as provided in s. 617.1430 in the case of a deadlock among the
2779      directors or the members.
2780              (3)(a)       Except as provided in the articles of incorporation
2781      or bylaws, special meetings of the members may be called by
2782      either:
2783              1.      By the corporation's board of directors or the person
2784      or persons authorized to do so by the articles of incorporation
2785      or bylaws; or
2786              2.      If members holding no less than 10 percent, or such
2787      other amount as specified in the articles of incorporation or
2788      bylaws, of all the votes entitled to be cast on any issue being
2789      considered at the proposed special meeting sign, date, and
2790      deliver to the corporation's secretary one or more written
2791      demands for the meeting describing the purpose or purposes for
2792      which it is to be held.
2793              (b)      Unless otherwise provided in the articles of
2794      incorporation or bylaws, a written demand for a special meeting
2795      may be revoked by a writing to that effect received by the
2796      corporation before the receipt by the corporation of demands
2797      sufficient in number to require holding a special meeting
2798      pursuant to subparagraph (a)2.
2799              (c)      Only business within the purpose or purposes described
2800      in the meeting notice may be conducted at a special meeting of

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          CS/HB 797                                                                                             2026




2801      members.
2802              (d)     Special meetings of members may be held in or out of
2803      this state at a place stated in or fixed in accordance with the
2804      articles of incorporation or the bylaws or, when not
2805      inconsistent with the articles of incorporation or the bylaws,
2806      in the notice of the special meeting. If no place is stated or
2807      fixed in accordance with the articles of incorporation or the
2808      bylaws or in the notice of the special meeting, special meetings
2809      must be held at the corporation's principal office.
2810              (a)     The president;
2811              (b)     The chair of the board of directors;
2812              (c)     The board of directors;
2813              (d)     Other officers or persons as are provided for in the
2814      articles of incorporation or the bylaws;
2815              (e)     The holders of at least 5 percent of the voting power
2816      of a corporation when one or more written demands for the
2817      meeting, which describe the purpose for which the meeting is to
2818      be held, are signed, dated, and delivered to a corporate
2819      officer; or
2820              (f)     A person who signs a demand for a special meeting
2821      pursuant to paragraph (e) if notice for a special meeting is not
2822      given within 30 days after receipt of the demand. The person
2823      signing the demand may set the time and place of the meeting and
2824      give notice under this subsection.
2825              (4)     Unless otherwise provided in the articles of

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          CS/HB 797                                                                                             2026




2826      incorporation or bylaws, action required or permitted by this
2827      chapter to be taken at an annual or special meeting of members
2828      may be taken without a meeting, without prior notice, and
2829      without a vote if the action is taken by the members entitled to
2830      vote on such action and having not less than the minimum number
2831      of votes necessary to authorize such action at a meeting at
2832      which all members entitled to vote on such action were present
2833      and voted.
2834              (a)     To be effective, the action must be evidenced by one
2835      or more written consents describing the action taken, dated and
2836      signed by approving members having the requisite number of votes
2837      and entitled to vote on such action, and delivered to the
2838      corporation to its principal office in this state, its principal
2839      place of business, the corporate secretary, or another officer
2840      or agent of the corporation having custody of the book in which
2841      proceedings of meetings of members are recorded. The action
2842      taken by written consent is effective when such written consent
2843      is signed by members entitled to cast the required number of
2844      votes on the action and has been delivered to the corporation by
2845      delivery as set forth in this section, but only if Written
2846      consent to take the corporate action referred to in the consent
2847      is not effective unless the consent is signed by members having
2848      the requisite number of votes necessary to authorize the action
2849      within 90 days after the date of the earliest dated consent and
2850      is delivered in the manner required by this section.

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          CS/HB 797                                                                                             2026




2851              (b)     Any written consent may be revoked before prior to the
2852      date that the corporation receives the required number of
2853      consents to authorize the proposed action. A revocation is not
2854      effective unless in writing and until received by the
2855      corporation at its principal office in this state or its
2856      principal place of business, or received by the corporate
2857      secretary or other officer or agent of the corporation having
2858      custody of the book in which proceedings of meetings of members
2859      are recorded.
2860              (c)     If the articles of incorporation or bylaws require
2861      that notice of proposed corporate action be delivered to members
2862      not entitled to vote on the action and the action is to be taken
2863      by consent of the members entitled to vote, within 30 days after
2864      obtaining authorization by written consent, notice must be given
2865      to those members who are entitled to vote on the action but who
2866      have not consented in writing and to those members who are not
2867      entitled to vote. The notice must fairly summarize the material
2868      features of the authorized action.
2869              (d)     A consent signed under this section has the effect of
2870      a meeting vote and may be described as such in any document.
2871              (e)     If the action to which the members consent is such as
2872      would have required the filing of articles or a certificate
2873      under any other section of this chapter if such action had been
2874      voted on by members at a meeting, the articles or certificate
2875      filed under such other section must state that written consent

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          CS/HB 797                                                                                             2026




2876      has been given in accordance with this section.
2877              (f)      Whenever action is taken pursuant to this section, the
2878      written consent of the members consenting thereto to such action
2879      or the written reports of inspectors appointed to tabulate such
2880      consents must be filed with the minutes of member proceedings.
2881              (5)(a)       A member may waive any notice required by this
2882      chapter, the articles of incorporation, or the bylaws before or
2883      after the date and time stated in the notice. The waiver must be
2884      in writing, signed electronically or otherwise by the member
2885      entitled to the notice, and delivered to the corporation for
2886      filing by the corporation with the minutes or corporate records
2887      Notice of a meeting of members need not be given to any member
2888      who signs a waiver of notice, in person or by proxy, either
2889      before or after the meeting. Unless required by the articles of
2890      incorporation or bylaws, neither the affairs to be transacted at
2891      nor the purpose of the meeting need to be specified in the
2892      waiver.
2893              (b)      Attendance of a member at a meeting waives objection
2894      to:
2895              1.      Lack, either in person or by proxy, constitutes waiver
2896      of notice or defective notice of the meeting, unless the member
2897      promptly objects to holding the meeting or transacting business
2898      at the beginning of the meeting and does not thereafter vote for
2899      or assent to action taken at the meeting; and
2900              2.      Consideration of a particular matter at the meeting

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          CS/HB 797                                                                                             2026




2901      which is not within the purposes described in the meeting notice
2902      waiver of any and all objections to the place of the meeting,
2903      the time of the meeting, or the manner in which it has been
2904      called or convened, unless the member objects to considering the
2905      matter when it is presented at the meeting attends a meeting
2906      solely for the purpose of stating, at the beginning of the
2907      meeting, any such objection or objections to the transaction of
2908      affairs.
2909              (6)     Subsections (1) and (3) do not apply to any
2910      corporation that is an association as defined in s. 720.301; a
2911      corporation regulated by chapter 718, chapter 719, chapter 720,
2912      chapter 721, or chapter 723; or a corporation where membership
2913      in such corporation is required pursuant to a document recorded
2914      in the county official property records.
2915              Section 33.            Section 617.0721, Florida Statutes, is amended
2916      to read:
2917              617.0721          Voting by members.—
2918              (1)     Members are not entitled to vote except as conferred
2919      by the articles of incorporation or the bylaws.
2920              (2)     A member who is entitled to vote may vote in person
2921      or, unless the articles of incorporation or the bylaws otherwise
2922      provide, may vote by proxy executed in writing by the member or
2923      by his or her duly authorized attorney in fact.
2924              (3)(a)       A member or the member's attorney-in-fact may
2925      appoint a proxy to vote or otherwise act for the member by:

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          CS/HB 797                                                                                             2026




2926              1.      Signing an appointment form, with his or her signature
2927      affixed, by any reasonable means, including, but not limited to,
2928      facsimile or electronic signature;
2929              2.      Transmitting or authorizing the transmission of an
2930      electronic signature to the person who will be appointed as the
2931      proxy or to a proxy solicitation firm, a proxy support service
2932      organization, a registrar, or an agent authorized by the person
2933      who will be designated as the proxy to receive such
2934      transmission; or
2935              3.      Using such other means as provided for in the articles
2936      of incorporation or the bylaws.
2937              (b)      An appointment form must contain or be accompanied by
2938      information from which it can be determined that the member or
2939      the member's attorney in fact authorized the appointment of the
2940      proxy.
2941              (4)     Notwithstanding any provision to the contrary in the
2942      articles of incorporation or bylaws, any copy, facsimile
2943      transmission, or other reliable reproduction of the appointment
2944      form original proxy may be substituted or used in lieu of the
2945      original proxy for any purpose for which the original proxy
2946      could be used if the copy, facsimile transmission, or other
2947      reproduction is a complete reproduction of the appointment form
2948      entire proxy. An appointment of a proxy is effective when a
2949      signed appointment in a record is received by the inspectors of
2950      election, the officer or agent of the corporation authorized to

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          CS/HB 797                                                                                             2026




2951      count votes, or the secretary. An appointment of a proxy is not
2952      valid for after 11 months following the date of its execution
2953      unless a longer period, which may not exceed 3 years, is
2954      expressly otherwise provided in the appointment form proxy. The
2955      death or incapacity of the member appointing a proxy does not
2956      affect the right of the corporation to accept the proxy's
2957      authority unless notice of the death or incapacity is received
2958      by the inspectors of election, the officer or agent authorized
2959      to count votes, or the secretary before the proxy exercises his
2960      or her authority under the appointment. A member may revoke
2961      appointment of a proxy unless the appointment form or electronic
2962      transmission states that it is irrevocable and the appointment
2963      is coupled with an interest.
2964              (a)     If directors or officers are to be elected by members,
2965      the bylaws may provide that such elections may be conducted by
2966      mail.
2967              (b)     A corporation may reject a vote, ballot, consent,
2968      waiver, demand, or proxy appointment if the person secretary or
2969      other officer or agent authorized to accept or reject such vote,
2970      ballot, consent, waiver, demand, or proxy appointment tabulate
2971      votes, acting in good faith, has a reasonable basis to doubt for
2972      doubting the validity of the signature on it or the signatory's
2973      authority to sign for the member.
2974              (5)(a)(3)         If authorized by the board of directors, and
2975      subject to such guidelines and procedures as the board of

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          CS/HB 797                                                                                             2026




2976      directors may adopt, Members of any class, their attorneys-in-
2977      fact, and proxies may participate in any and proxy holders who
2978      are not physically present at a meeting of members may, by means
2979      of remote communication to the extent the board of directors
2980      authorizes such participation for such class. Participation by
2981      means of remote communication is subject to the guidelines and
2982      procedures adopted by the board of directors and must be in
2983      conformity with paragraph (b).:
2984              (a)      Participate in the meeting.
2985              (b)     Members, their attorneys-in-fact, and proxies
2986      participating in a members' meeting by means of remote
2987      communication authorized in paragraph (a) are Be deemed to be
2988      present in person and may vote at the meeting if the corporation
2989      has implemented reasonable measures to:
2990              1.      The corporation implements reasonable means to Verify
2991      that each person participating remotely as a member is a member,
2992      a member's attorney-in-fact, or a proxy deemed present and
2993      authorized to vote by means of remote communication is a member
2994      or proxy holder; and
2995              2.      The corporation implements reasonable measures to
2996      Provide such members, member's attorneys-in-fact, and proxies or
2997      proxy holders with a reasonable opportunity to participate in
2998      the meeting and to vote on matters submitted to the members,
2999      including an opportunity to communicate and to read or hear the
3000      proceedings of the meeting substantially concurrent with the

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          CS/HB 797                                                                                             2026




3001      proceedings.
3002              (c)     If any member, attorney-in-fact for a member, or proxy
3003      holder votes or takes other action at a members' meeting by
3004      means of remote communication, a record of such vote or other
3005      action that member's participation in the meeting must be
3006      maintained by the corporation in accordance with s. 617.1601.
3007              (d)     Unless the articles of incorporation, bylaws, or
3008      demands of members in accordance with s. 617.0701(3) require a
3009      meeting of members to be held at a geographic location, the
3010      board of directors may determine that any meeting of members
3011      will not be held at a geographic location, and instead will be
3012      held solely by means of remote communication, but only if the
3013      corporation implements the measures required by paragraph (b).
3014              (6)(4)       If any entity corporation, whether for profit or
3015      not for profit, is a member of a corporation organized under
3016      this chapter, the chair of the governing body board, the
3017      president, any vice president, the secretary, or the treasurer
3018      of the member entity corporation, and any such officer or
3019      cashier or trust officer of a banking or trust corporation
3020      holding such membership, and any like officer of a foreign
3021      entity corporation whether for profit or not for profit, holding
3022      such membership in a domestic corporation, is shall be deemed by
3023      the corporation in which membership is held to have the
3024      authority to vote on behalf of the member entity corporation and
3025      to execute proxies and written waivers and consents in relation

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          CS/HB 797                                                                                             2026




3026      thereto, unless, before a vote is taken or a waiver or consent
3027      is acted upon, it appears pursuant to a certified copy of the
3028      bylaws or other governing documents of the entity or a
3029      resolution of the governing documents board of directors or
3030      executive committee of the member entity corporation that such
3031      authority does not exist or is vested in some other officer or
3032      person. In the absence of such certification, a person executing
3033      any such proxies, waivers, or consents or presenting himself or
3034      herself at a meeting as one of such officers of a corporate
3035      member entity is shall be, for the purposes of this section,
3036      conclusively deemed to be duly elected, qualified, and acting as
3037      such officer and to be fully authorized. In the case of
3038      conflicting representation, the corporate member entity shall be
3039      represented by its senior officer, in the order stated in this
3040      subsection.
3041              (7)(5)       The articles of incorporation or the bylaws may
3042      provide that, in all elections for directors, every member
3043      entitled to vote has the right to cumulate the member's his or
3044      her votes and to give one candidate a number of votes equal to
3045      the number of votes the member he or she could give if one
3046      director were being elected multiplied by the number of
3047      directors to be elected or to distribute such votes on the same
3048      principles among any number of such candidates. A corporation
3049      may not have cumulative voting unless such voting is expressly
3050      authorized in the articles of incorporation.

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          CS/HB 797                                                                                             2026




3051              (8)(6)       If a corporation has no members or its members do
3052      not have the right to vote, the directors shall have the sole
3053      voting power.
3054              (9)(7)       Subsections (1), (7) (5), and (8) (6) do not apply
3055      to a corporation that is an association, as defined in s.
3056      720.301, or a corporation regulated by chapter 718 or chapter
3057      719.
3058              Section 34.            Section 617.0741, Florida Statutes, is created
3059      to read:
3060              617.0741          Standing.—A director, an officer, or a member may
3061      not commence a proceeding in the right of a domestic or foreign
3062      corporation unless such director, officer, or member holds that
3063      position at the time the action is commenced and:
3064              (1)     Was a director, an officer, or a member when the
3065      conduct giving rise to the action occurred; or
3066              (2)     The person became a member through transfer or by
3067      operation of law from a person who was a member when the conduct
3068      giving rise to the action occurred.
3069              Section 35.            Section 617.0742, Florida Statutes, is created
3070      to read:
3071              617.0742          Complaint; demand and excuse.—A complaint in a
3072      proceeding brought in the right of a corporation must be
3073      verified and allege with particularity:
3074              (1)     The demand, if any, made to obtain the action desired
3075      by the director, officer, or member from the board of directors;

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          CS/HB 797                                                                                             2026




3076      and
3077              (2)     Either:
3078              (a)     If such demand was made, that the demand was refused,
3079      rejected, or ignored by the board of directors before the
3080      expiration of 90 days from the date the demand was made.
3081              (b)     If such a demand was made, why irreparable injury to
3082      the corporation or misapplication or waste of corporate assets
3083      causing material injury to the corporation would result by
3084      waiting for the expiration of a 90-day period from the date the
3085      demand was made; or
3086              (c)     The reason or reasons the director, officer, or member
3087      did not make the effort to obtain the desired action from the
3088      board of directors or comparable authority.
3089              Section 36.            Section 617.0743, Florida Statutes, is created
3090      to read:
3091              617.0743          Stay of proceedings.—If the corporation commences
3092      an inquiry into the allegations made in the demand or complaint,
3093      the court may stay any derivative proceeding for such period as
3094      the court deems appropriate.
3095              Section 37.            Section 617.0744, Florida Statutes, is created
3096      to read:
3097              617.0744          Dismissal.—
3098              (1)     A derivative proceeding may be dismissed, in whole or
3099      in part, by the court upon motion by the corporation if a group
3100      specified in subsection (2) or subsection (3) has determined in

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          CS/HB 797                                                                                             2026




3101      good faith, after conducting a reasonable inquiry upon which its
3102      conclusions are based, that the maintenance of the derivative
3103      proceeding is not in the best interests of the corporation. In
3104      all such cases, the corporation has the burden of proof
3105      regarding the qualifications, good faith, and reasonable inquiry
3106      of the group making the determination.
3107              (2)     Unless a panel is appointed pursuant to subsection
3108      (3), the determination required in subsection (1) must be made
3109      by:
3110              (a)     A majority of qualified directors present at a meeting
3111      of the board of directors if the qualified directors constitute
3112      a quorum; or
3113              (b)     A majority vote of a committee consisting of two or
3114      more qualified directors appointed by majority vote of qualified
3115      directors present at a meeting of the board of directors,
3116      regardless of whether such qualified directors constitute a
3117      quorum.
3118              (3)     Upon motion by the corporation, the court may appoint
3119      a panel consisting of one or more disinterested and independent
3120      individuals to make a determination required in subsection (1).
3121              (4)     This section does not prevent the court from:
3122              (a)     Enforcing a person's rights under the corporation's
3123      articles of incorporation or bylaws or this chapter, including
3124      the person's rights to information under s. 617.1602; or
3125              (b)     Exercising its equitable or other powers, including

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          CS/HB 797                                                                                             2026




3126      granting extraordinary relief in the form of a temporary
3127      restraining order or preliminary injunction.
3128              Section 38.            Section 617.0745, Florida Statutes, is created
3129      to read:
3130              617.0745          Discontinuance or settlement; notice.—
3131              (1)     A derivative action on behalf of a corporation may not
3132      be discontinued or settled without the court's approval.
3133              (2)     If the court determines that a proposed discontinuance
3134      or settlement will substantially affect the interest of any of
3135      the corporation's members, the court must direct that notice be
3136      given to the members affected. The court may determine which
3137      party or parties to the derivative action bears the expense of
3138      giving the notice.
3139              Section 39.            Section 617.0746, Florida Statutes, is created
3140      to read:
3141              617.0746          Proceeds and expenses.—On termination of the
3142      derivative proceeding, the court may:
3143              (1)     Order the corporation to pay from the amount recovered
3144      in the derivative proceeding by the corporation the plaintiff's
3145      reasonable expenses, including reasonable attorney fees and
3146      costs, incurred in the derivative proceeding if it finds that,
3147      in the derivative proceeding, the plaintiff was successful in
3148      whole or in part; or
3149              (2)     Order the plaintiff to pay any of the defendant's
3150      reasonable expenses, including reasonable attorney fees and

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          CS/HB 797                                                                                             2026




3151      costs, incurred in defending the derivative proceeding if it
3152      finds that the derivative proceeding was commenced or maintained
3153      without reasonable cause or for an improper purpose.
3154              Section 40.            Section 617.0747, Florida Statutes, is created
3155      to read:
3156              617.0747          Applicability to foreign corporations.—In any
3157      derivative proceeding in the right of a foreign corporation
3158      brought in the courts of this state, the matters covered by ss.
3159      617.0741-617.0747 are governed by the laws of the jurisdiction
3160      of incorporation of the foreign corporation, except for ss.
3161      617.0743, 617.0745, and 617.0746.
3162              Section 41.            Section 617.0803, Florida Statutes, is amended
3163      to read:
3164              617.0803          Number of directors.—
3165              (1)     A board of directors must consist of one three or more
3166      individuals, as may be with the number specified in or fixed in
3167      accordance with the articles of incorporation or the bylaws, as
3168      may be amended, except that a corporation that is exempt from
3169      federal income taxation under s. 501(c)(3) of the Internal
3170      Revenue Code of 1986, as amended, must have a board of directors
3171      that consists of three or more individuals.
3172              (2)     The number of directors may be increased or decreased
3173      from time to time by amendment to, or in the manner provided in,
3174      the articles of incorporation or the bylaws, but the corporation
3175      must never have fewer than three directors.

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          CS/HB 797                                                                                             2026




3176              (3)     Directors shall be elected or appointed in the manner
3177      and for the terms provided in the articles of incorporation or
3178      the bylaws.
3179              Section 42.            Section 617.0804, Florida Statutes, is created
3180      to read:
3181              617.0804          Selection of directors.—
3182              (1)     The directors of a membership corporation, except for
3183      any initial directors named in the articles of incorporation or
3184      elected by the incorporators, shall be elected by the members
3185      entitled to vote at the time at the first annual meeting of
3186      members, and at each annual meeting thereafter. Notwithstanding
3187      this subsection, the articles of incorporation or bylaws may
3188      provide some other time or method of election, or provide that
3189      some or all of the directors are appointed by some other person
3190      or designated in some other manner.
3191              (2)     The directors of a nonmembership corporation, except
3192      for any initial directors named in the articles of incorporation
3193      or elected by the incorporators, shall be elected, appointed, or
3194      designated as provided in the articles of incorporation or
3195      bylaws. If no method of election, appointment, or designation is
3196      set forth in the articles of incorporation or bylaws, such
3197      directors are elected by the board of directors.
3198              (3)     If the articles of incorporation or bylaws divide, or
3199      authorize dividing, the members into classes, the articles of
3200      incorporation or bylaws may also authorize the election of all

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          CS/HB 797                                                                                             2026




3201      or a specified number of directors by the holders of one or more
3202      authorized classes of members. A class or multiple classes of
3203      members entitled to elect one or more directors is a separate
3204      voting group for purposes of the election of directors.
3205              Section 43.            Section 617.0805, Florida Statutes, is created
3206      to read:
3207              617.0805          Terms of directors, generally.—
3208              (1)     The articles of incorporation or bylaws may specify
3209      the terms of directors. If a term is not specified in the
3210      articles of incorporation or bylaws, the term of a director is 1
3211      year.
3212              (2)     A decrease in the number of directors or term of
3213      office does not shorten an incumbent director's term.
3214              (3)     Except as provided in the articles of incorporation or
3215      bylaws, the term of a director elected to fill a vacancy expires
3216      at the end of the term that the director is filling.
3217              (4)     Notwithstanding the expiration of a director's term,
3218      the director continues to serve until the director's successor
3219      is elected, appointed, or designated and until the director's
3220      successor takes office unless otherwise provided in the articles
3221      of incorporation or bylaws or there is a decrease in the number
3222      of directors.
3223              Section 44.            Present subsection (3) of section 617.0808,
3224      Florida Statutes, is redesignated as subsection (2) of that
3225      section, and subsection (1) and present subsection (2) of that

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          CS/HB 797                                                                                             2026




3226      section are amended, to read:
3227              617.0808          Removal of directors.—
3228              (1)     Subject to subsection (2), A director may be removed
3229      from office pursuant to procedures provided in the articles of
3230      incorporation or the bylaws. Unless the articles of
3231      incorporation or bylaws provide otherwise, a director may be
3232      removed as follows , which shall provide the following, and if
3233      they do not do so, shall be deemed to include the following:
3234              (a)      Any member of the board of directors may be removed
3235      from office with or without cause by:
3236              1.      Except as provided in paragraph (i), a majority of all
3237      votes of the directors, if the director was elected or appointed
3238      by the directors; or
3239              2.      A majority of all votes of the members, if the director
3240      was elected or appointed by the members.
3241              (b)      If a director is elected by a class, chapter, or other
3242      organizational unit, or by region or other geographic grouping,
3243      the director may be removed only by the members of that class,
3244      chapter, unit, or grouping. However:
3245              1.      A director may be removed only if the number of votes
3246      cast to remove the director would be sufficient to elect the
3247      director at a meeting to elect directors, except as provided in
3248      subparagraphs 2. and 3.
3249              2.      If cumulative voting is authorized, a director may not
3250      be removed if the number of votes sufficient to elect the

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          CS/HB 797                                                                                             2026




3251      director under cumulative voting is voted against the removal of
3252      the director.
3253              3.      If at the beginning of the term of a director the
3254      articles of incorporation or bylaws provide that the director
3255      may be removed for missing a specified number of board meetings,
3256      the board may remove the director for failing to attend the
3257      specified number of meetings. The director may be removed only
3258      if a majority of the directors then in office vote for the
3259      removal.
3260              (c)      The notice of a meeting to recall a member or members
3261      of the board of directors must shall state the specific
3262      directors sought to be removed.
3263              (d)      A proposed removal of a director at a meeting requires
3264      shall require a separate vote for each director whose removal is
3265      sought. Where removal is sought by written consent, a separate
3266      consent is required for each director to be removed.
3267              (e)      If removal is effected at a meeting, any vacancies
3268      created shall be filled by the members or directors eligible to
3269      vote for the removal.
3270              (f)      Any director who is removed from the board is not
3271      eligible to stand for reelection until the next annual meeting
3272      at which directors are elected.
3273              (g)      Any director removed from office must shall turn over
3274      to the board of directors within 72 hours any and all records of
3275      the corporation in such director's his or her possession.

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          CS/HB 797                                                                                             2026




3276              (h)     If a director who is removed does not relinquish such
3277      director's his or her office or turn over records as required
3278      under this section, the circuit court in the county where the
3279      corporation's principal office is located may summarily order
3280      the director to relinquish such director's his or her office and
3281      turn over corporate records upon application of any member.
3282              (i)     A director elected or appointed by the board may be
3283      removed without cause by a vote of two-thirds of the directors
3284      then in office or such greater number as is set forth in the
3285      articles of incorporation or bylaws.
3286              (2)     A director of a corporation described in s. 501(c) of
3287      the Internal Revenue Code may be removed from office pursuant to
3288      procedures provided in the articles of incorporation or the
3289      bylaws, and the corporation may provide in the articles of
3290      incorporation or the bylaws that it is subject to the provisions
3291      of subsection (1).
3292              Section 45.            Present subsection (4) of section 617.0809,
3293      Florida Statutes, is redesignated as subsection (3) of that
3294      section, and subsections (1) and (2) and present subsection (3)
3295      of that section are amended, to read:
3296              617.0809          Board vacancy.—
3297              (1)     Except as otherwise provided in subsection (2) s.
3298      617.0808(1)(f), the articles of incorporation, or the bylaws, if
3299      a any vacancy occurs occurring on the board of directors,
3300      including a vacancy resulting from an increase in the number of

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          CS/HB 797                                                                                             2026




3301      directors, the vacancy may be filled by a the affirmative vote
3302      of the majority of the remaining directors in office, even if
3303      though the remaining directors constitute less than a quorum, or
3304      by the sole remaining director or, if the vacancy is not so
3305      filled or if no director remains, by the members or, on the
3306      application of any person, by the circuit court of the county
3307      where the registered office of the corporation is located.
3308              (2)     Except as otherwise provided in the articles of
3309      incorporation or bylaws, Whenever a vacancy in the position of a
3310      director who is: occurs with respect to a director
3311              (a)     Elected by a voting group of members, a class, chapter
3312      or other organizational, unit of members, or a region or other
3313      geographic grouping of members group, the vacancy may be filled
3314      during the first 3 months after the vacancy occurs only by
3315      members of that voting class, chapter, unit, or group, chapter,
3316      unit, region, or grouping, or by a majority of the directors
3317      then in office elected by such voting group, chapter, unit,
3318      region, or grouping class, chapter, unit, or group. If the
3319      vacancy has not been filled within the 3-month period, the
3320      vacancy may be filled by vote of a majority of the directors
3321      remaining in office in accordance with subsection (1);
3322              (b)     Appointed by persons, other than the members, may be
3323      filled only by those persons; or
3324              (c)     Designated in the articles of incorporation or bylaws
3325      may not be filled by action of the board of directors.

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          CS/HB 797                                                                                             2026




3326              (3)     The term of a director elected or appointed to fill a
3327      vacancy expires at the next annual meeting at which directors
3328      are elected. Any directorship to be filled by reason of an
3329      increase in the number of directors may be filled by the board
3330      of directors, but only for a term of office continuing until the
3331      next election of directors by the members or, if the corporation
3332      has no members or no members having the right to vote thereon,
3333      for such term of office as is provided in the articles of
3334      incorporation or the bylaws.
3335              Section 46.           Section 617.08091, Florida Statutes, is
3336      created to read:
3337              617.08091         Removal of directors by judicial proceedings.—
3338              (1)     The court of the county where the principal office of
3339      a corporation, or if one is not in this state, its registered
3340      office, is located may remove a director from office in a
3341      proceeding commenced by or in the right of the corporation if
3342      the court finds that:
3343              (a)     The director engaged in fraudulent conduct with
3344      respect to the corporation or its members, grossly abused the
3345      position of director, or intentionally inflicted harm on the
3346      corporation; and
3347              (b)     Considering the director's course of conduct and the
3348      inadequacy of other available remedies, removal is in the best
3349      interest of the corporation.
3350              (2)     Only a member, an officer, or a director may bring an

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          CS/HB 797                                                                                             2026




3351      action under this section, and such action must comply with the
3352      requirements of ss. 617.0742-617.0747. An action by a member may
3353      not be brought unless the complaint is filed by a member having,
3354      or is formally joined by members collectively having, no less
3355      than 10 percent of the corporation's voting power.
3356              (3)     In addition to removing the director, the court may
3357      bar the director from being reelected, redesignated, or
3358      reappointed for a period prescribed by the court.
3359              (4)     This section does not limit the equitable powers of
3360      the court to order other relief.
3361              Section 47.            Section 617.0820, Florida Statutes, is amended
3362      to read:
3363              617.0820          Board meetings.—
3364              (1)     The board of directors may hold regular or special
3365      meetings in or out of this state.
3366              (2)     A majority of the directors present, whether or not a
3367      quorum exists, may adjourn any meeting of the board of directors
3368      to another time and place. Unless the bylaws otherwise provide,
3369      notice of any such adjourned meeting shall be given to the
3370      directors who were not present at the time of the adjournment
3371      and, unless the time and place of the adjourned meeting are
3372      announced at the time of the adjournment, to the other
3373      directors.
3374              (3)     Unless the articles of incorporation or the bylaws
3375      provide otherwise, meetings of the board of directors may be

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          CS/HB 797                                                                                             2026




3376      called and notice of the meeting delivered by the chair of the
3377      board, the president or a similarly situated officer, or 20
3378      percent of the directors then in office or by the president
3379      unless otherwise provided in the articles of incorporation or
3380      the bylaws.
3381              (4)     Unless the articles of incorporation or the bylaws
3382      provide otherwise, the board of directors may permit any or all
3383      directors to participate in a regular or special meeting by, or
3384      conduct the meeting through the use of, any means of
3385      communication by which all directors participating may
3386      simultaneously hear each other during the meeting. A director
3387      participating in a meeting by this means is deemed to be present
3388      in person at the meeting.
3389              (5)     Unless the articles of incorporation or the bylaws
3390      provide for a longer or shorter period, regular meetings of the
3391      board of directors may be held without notice of the date, time,
3392      place, or purpose of the meeting.
3393              (6)     Unless the articles of incorporation or the bylaws
3394      provide otherwise, a special meeting of the board of directors
3395      must be preceded by at least 2 days' notice of the date, time,
3396      and place of the meeting. The notice need not describe the
3397      purpose of the special meeting unless required by the articles
3398      of incorporation or the bylaws.
3399              Section 48.           Subsections (1) and (2) of section 617.0821,
3400      Florida Statutes, are amended to read:

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          CS/HB 797                                                                                             2026




3401              617.0821          Action by directors without a meeting.—
3402              (1)     Unless the articles of incorporation or the bylaws
3403      provide otherwise, action required or permitted by this chapter
3404      act to be taken at a board of directors' meeting or committee
3405      meeting may be taken without a meeting if the action is taken by
3406      all members of the board or of the committee. The action must be
3407      evidenced by one or more written consents describing the action
3408      taken and signed by each director or committee member and
3409      delivered to the corporation.
3410              (2)     Action taken under this section is effective when the
3411      last director signs the consent and delivers the consent to the
3412      corporation, unless the consent specifies a different effective
3413      date. A director's consent may be withdrawn by a revocation
3414      signed by the director and delivered to the corporation before
3415      delivery to the corporation of unrevoked written consents signed
3416      by all the directors.
3417              Section 49.            Section 617.0823, Florida Statutes, is amended
3418      to read:
3419              617.0823          Waiver of notice.—Notice of a meeting of the
3420      board of directors need not be given to any director who signs a
3421      waiver of notice either before or after the meeting. Attendance
3422      of a director at a meeting constitutes shall constitute a waiver
3423      of notice of such meeting and a waiver of any objection and all
3424      objections to the date of the meeting, the place of the meeting,
3425      the time of the meeting, or the manner in which it has been

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          CS/HB 797                                                                                             2026




3426      called or convened, except when a director states, at the
3427      beginning of the meeting or promptly upon arrival at the
3428      meeting, any objection to holding the meeting or the transaction
3429      of affairs because the meeting is not lawfully called or
3430      convened and, after such objection, the director does not vote
3431      for or consent to action taken at the meeting.
3432              Section 50.           Section 617.0830, Florida Statutes, is amended
3433      to read:
3434              (Substantial rewording of section. See s. 617.0830,
3435              F.S., for present text.)
3436              617.0830 General standards for directors.—
3437              (1)     Each member of the board of directors, when
3438      discharging duties of a director, including in discharging
3439      duties as a member of a board committee, shall act:
3440              (a)     In good faith; and
3441              (b)     In a manner such director reasonably believes is in
3442      the best interests of the corporation.
3443              (2)     The members of the board of directors or a board
3444      committee, when becoming informed in connection with a
3445      decisionmaking function or devoting attention to an oversight
3446      function, shall discharge their duties with the care that an
3447      ordinary prudent person in a like position would reasonably
3448      believe appropriate under similar circumstances.
3449              (3)     In discharging board or board committee duties, a
3450      director who does not have knowledge that makes reliance

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          CS/HB 797                                                                                             2026




3451      unwarranted is entitled to rely on the performance by any of the
3452      persons specified in paragraph (5)(a) or paragraph (5)(b) to
3453      whom the board may have delegated, formally or informally by
3454      course of conduct, the authority or duty to perform one or more
3455      of the board's functions that are delegable under applicable
3456      law.
3457              (4)      In discharging board or board committee duties, a
3458      director who does not have knowledge that makes reliance
3459      unwarranted is entitled to rely on any information, opinions,
3460      reports, or statements, including financial statements and other
3461      financial data, prepared or presented by any of the persons
3462      specified in subsection (5).
3463              (5)      A director is entitled to rely, in accordance with
3464      subsection (3) or subsection (4), on:
3465              (a)      One or more officers or employees of the corporation
3466      whom the director reasonably believes to be reliable and
3467      competent in the functions performed or the information,
3468      opinions, reports, or statements provided;
3469              (b)      Legal counsel, public accountants, or other persons
3470      retained by the corporation or by a committee of the board of
3471      the corporation as to matters involving skills or expertise the
3472      director reasonably believes are matters:
3473              1.      Within the particular person's professional or expert
3474      competence; or
3475              2.      As to which the particular person merits confidence; or

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          CS/HB 797                                                                                             2026




3476              (c)     A committee of the board of directors of which the
3477      director is not a member if the director reasonably believes the
3478      committee merits confidence.
3479              (d)     In the case of a corporation engaged in religious
3480      activity, religious authorities and ministers, priests, rabbis,
3481      imams, or other persons whose positions or duties the director
3482      reasonably believes justify reliance and confidence and whom the
3483      director believes to be reliable and competent in the matters
3484      presented.
3485              (6)     A director is not a trustee with respect to the
3486      corporation or with respect to any property held or administered
3487      by the corporation in trust, including property that may be
3488      subject to restrictions imposed by the donor or transferor of
3489      the property.
3490              Section 51.            Section 617.0832, Florida Statutes, is amended
3491      to read:
3492              (Substantial rewording of section.
3493              See s. 617.0832, F.S., for present text.)
3494              617.0832          General standards for directors.—
3495              (1)     As used in this section, the following terms and
3496      definitions apply:
3497              (a)     "Director's conflict of interest transaction" means a
3498      transaction between a corporation and one or more of its
3499      directors, or another entity in which one or more of the
3500      corporation's directors are directly or indirectly a party to

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          CS/HB 797                                                                                             2026




3501      the transaction, other than being an indirect party as a result
3502      of being a member of the corporation, and have a direct or
3503      indirect material financial interest or other material interest.
3504              (b)      "Fair to the corporation" means that the transaction,
3505      as a whole, is beneficial to the corporation and its members,
3506      taking into appropriate account whether it is:
3507              1.      Fair in terms of the director's dealings with the
3508      corporation in connection with that transaction; and
3509              2.      Comparable to what might have been obtainable in an
3510      arm's length transaction.
3511              (c)      "Family member" includes any of the following:
3512              1.      The director's spouse.
3513              2.      A child, stepchild, parent, stepparent, grandparent,
3514      sibling, step sibling, or half sibling of the director or the
3515      director's spouse.
3516              (d)     A director has an "indirect material financial
3517      interest" if a director's family member has a material financial
3518      interest in the transaction, other than having an indirect
3519      interest as a member of the corporation, or if the transaction
3520      is with an entity, other than the corporation, which has a
3521      material financial interest in the transaction and controls, or
3522      is controlled by, the director or another person specified in
3523      this section.
3524              (e)      A director is "indirectly" a party to a transaction if
3525      the director has a material financial interest in or is a

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          CS/HB 797                                                                                             2026




3526      director, officer, member, manager, or partner of a person,
3527      other than the corporation, who is a party to the transaction.
3528              (f)     "Material financial interest" or "other material
3529      interest" means a financial or other interest in the transaction
3530      that would reasonably be expected to impair the objectivity of a
3531      director's judgment when participating in the action on the
3532      authorization of the transaction.
3533              (2)     If a director's conflict of interest transaction is
3534      fair to the corporation at the time it is authorized, approved,
3535      effectuated, or ratified:
3536              (a)     Such transaction is not void or voidable; and
3537              (b)     The fact that the transaction is a director's conflict
3538      of interest transaction is not grounds for any equitable relief,
3539      an award of damages, or other sanctions, because of that
3540      relationship or interest, because such director or directors are
3541      present at the meeting of the board of directors or a committee
3542      thereof which authorizes, approves, or ratifies such
3543      transaction, or because such directors or their votes are
3544      counted for such purpose.
3545              (3)(a)       In a proceeding challenging the validity of a
3546      director's conflict of interest transaction or in a proceeding
3547      seeking equitable relief, award of damages, or other sanctions
3548      with respect to a director's conflict of interest transaction,
3549      the person challenging the validity or seeking equitable relief,
3550      award of damages, or other sanctions has the burden of proving

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          CS/HB 797                                                                                             2026




3551      the lack of fairness of the transaction if:
3552              1.      The material facts of the transaction and the
3553      director's interest in the transaction were disclosed or known
3554      to the board of directors or committee that authorizes,
3555      approves, or ratifies the transaction and the transaction was
3556      authorized, approved, or ratified by a vote of a majority of the
3557      qualified directors, even if the qualified directors constitute
3558      less than a quorum of the board or the committee; however, the
3559      transaction may not be authorized, approved, or ratified under
3560      this subsection solely by a single director; or
3561              2.      The material facts of the transaction and the
3562      director's interest in the transaction were disclosed or known
3563      to the members who voted upon such transaction and the
3564      transaction was authorized, approved, or ratified by a majority
3565      of the votes cast by disinterested members or by the written
3566      consent of disinterested members representing a majority of the
3567      votes that could be cast by all disinterested members. A
3568      membership interest owned by or voted under the control of a
3569      director who has a relationship or interest in the director's
3570      conflict of interest transaction may not be considered a
3571      membership interest owned by a disinterested member and may not
3572      be counted in a vote of members to determine whether to
3573      authorize, approve, or ratify a director's conflict of interest
3574      transaction under this subsection. The vote of those membership
3575      interests, however, is counted in determining whether the

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          CS/HB 797                                                                                             2026




3576      transaction is approved under other sections of this chapter. A
3577      majority of the membership interests, whether or not present,
3578      that are entitled to be counted in a vote on the transaction
3579      under this subsection constitutes a quorum for the purpose of
3580      taking action under this section.
3581              (b)     If neither of the conditions provided in paragraph (a)
3582      has been satisfied, the person defending or asserting the
3583      validity of a director's conflict of interest transaction has
3584      the burden of proving its fairness in a proceeding challenging
3585      the validity of the transaction.
3586              (4)     The presence of or a vote cast by a director with an
3587      interest in the transaction does not affect the validity of an
3588      action taken under paragraph (3)(a) if the transaction is
3589      otherwise authorized, approved, or ratified as provided in
3590      subsection (3), but the presence or vote of the director may be
3591      counted for purposes of determining whether the transaction is
3592      approved under this chapter.
3593              (5)     In addition to other grounds for challenge, a party
3594      challenging the validity of the transaction is not precluded
3595      from asserting and proving that a particular director or member
3596      was not disinterested on grounds of financial or other interest
3597      for purposes of the vote on, consent to, or approval of the
3598      transaction.
3599              (6)     If directors' action under this section does not
3600      otherwise satisfy a quorum or voting requirement applicable to

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          CS/HB 797                                                                                             2026




3601      the authorization of the transaction by directors as required by
3602      the articles of incorporation, the bylaws, this chapter, or any
3603      other law, an action to satisfy those authorization
3604      requirements, whether as part of the same action or by way of
3605      another action, must be taken by the board of directors or a
3606      committee in order to authorize the transaction. In such action,
3607      the vote or consent of directors who are not disinterested may
3608      be counted.
3609              (7)     If members' action under this section does not satisfy
3610      a quorum or voting requirement applicable to the authorization
3611      of the transaction by members as required by the articles of
3612      incorporation, the bylaws, this chapter, or any other law, an
3613      action to satisfy those authorization requirements, whether as
3614      part of the same action or by way of another action, must be
3615      taken by the members in order to authorize the transaction. In
3616      such action, the vote or consent of members who are not
3617      disinterested members may be counted.
3618              Section 52.            Section 617.0834, Florida Statutes, is
3619      reordered and amended to read:
3620              617.0834          Liability of directors and officers and directors
3621      of certain corporations and associations not for profit;
3622      immunity from civil liability.—
3623              (1)     A director or an officer or director of a nonprofit
3624      organization recognized under s. 501(c)(3) or s. 501(c)(4) or s.
3625      501(c)(6) of the Internal Revenue Code of 1986, as amended, or

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          CS/HB 797                                                                                             2026




3626      of an agricultural or a horticultural organization recognized
3627      under s. 501(c)(5), of the Internal Revenue Code of 1986, as
3628      amended, is not personally liable for monetary damages to the
3629      corporation or any person for any statement, vote, decision to
3630      take or not, or failure to take an action, or any failure to
3631      take any action, as a director or an officer regarding
3632      organizational management or policy by an officer or director,
3633      unless:
3634              (a)     The director or officer or director breached or failed
3635      to perform the director's or officer's his or her duties as a
3636      director or an officer or director; and
3637              (b)     The director's or officer's or director's breach of,
3638      or failure to perform, the director's or officer's his or her
3639      duties constitutes any of the following:
3640              1.      A violation of the criminal law, unless the officer or
3641      director or officer had reasonable cause to believe the
3642      director's or officer's his or her conduct was lawful or had no
3643      reasonable cause to believe the director's or officer's his or
3644      her conduct was unlawful. A judgment or other final adjudication
3645      against a director or an officer or director in any criminal
3646      proceeding for violation of the criminal law estops that
3647      director or officer or director from contesting the fact that
3648      the director's or officer's his or her breach, or failure to
3649      perform, constitutes a violation of the criminal law, but does
3650      not estop the director or officer or director from establishing

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          CS/HB 797                                                                                             2026




3651      that the director or officer he or she had reasonable cause to
3652      believe that the director's or officer's his or her conduct was
3653      lawful or had no reasonable cause to believe that the director's
3654      or officer's his or her conduct was unlawful;
3655              2.      A transaction from which the director or officer or
3656      director derived an improper personal benefit, directly or
3657      indirectly; or
3658              3.      In a proceeding by or in the right of the corporation
3659      to procure a judgment in its favor or by or in the right of a
3660      member, conscious disregard for the best interest of the
3661      corporation, or willful or intentional misconduct; or
3662              4.      In a proceeding by or in the right of someone other
3663      than the corporation or a member, recklessness or an act or
3664      omission that was committed in bad faith or with malicious
3665      purpose or in a manner exhibiting wanton and willful disregard
3666      of human rights, safety, or property.
3667              (2)     A director or an officer is deemed not to have derived
3668      an improper personal benefit from any transaction if the
3669      transaction and the nature of any personal benefit derived by
3670      the director or officer are not prohibited by state or federal
3671      law or regulation and, without further limitation, the
3672      transaction is fair to the corporation at the time it is
3673      authorized, approved, or ratified as determined in accordance
3674      with s. 617.0832.
3675              (3)      The circumstances set forth in subsection (2) are not

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          CS/HB 797                                                                                             2026




3676      exclusive and do not preclude the existence of other
3677      circumstances under which a director or officer will be deemed
3678      not to have derived an improper benefit.
3679              (4)     For the purposes of this section, the term:
3680              (c)(a)       "Recklessness" means the acting, or omission to
3681      act, in conscious disregard of a risk:
3682              1.      Known, or so obvious that it should have been known, to
3683      the director or officer or director; and
3684              2.      Known to the director or officer or director, or so
3685      obvious that it should have been known, to be so great as to
3686      make it highly probable that harm would follow from such action
3687      or omission.
3688              (a)(b)       "Director" means a person who serves as a director,
3689      trustee, or member of the governing board of an organization.
3690              (b)(c)       "Officer" means a person who serves as an officer
3691      without compensation except reimbursement for actual expenses
3692      incurred or to be incurred.
3693              Section 53.            Subsection (4) of section 617.0835, Florida
3694      Statutes, is amended to read:
3695              617.0835          Prohibited activities by private foundations.—
3696              (4)     The provisions of Subsections (2) and (3) do not apply
3697      to any corporation that was incorporated before January 1, 1970,
3698      and that has been properly relieved from the requirements of 26
3699      U.S.C. s. 508(e)(1) by a timely judicial proceeding to the
3700      extent that a court of competent jurisdiction determines that

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          CS/HB 797                                                                                             2026




3701      such application would be contrary to the terms of the articles
3702      of incorporation or organization or other instrument governing
3703      such corporation or governing the administration of charitable
3704      funds held by it and that the same may not properly be changed
3705      to conform to such subsections.
3706              Section 54.            Section 617.0844, Florida Statutes, is created
3707      to read:
3708              617.0844          Standards of conduct for officers.—
3709              (1)     An officer, when discharging his or her duties, shall
3710      act:
3711              (a)     In good faith; and
3712              (b)     In a manner such officer reasonably believes to be in
3713      the best interests of the corporation.
3714              (2)     An officer, when becoming informed in connection with
3715      a decisionmaking function or devoting attention to an oversight
3716      function, shall discharge his or her duties with the care that
3717      an ordinary prudent person in a like position would reasonably
3718      believe appropriate under similar circumstances.
3719              (3)     In discharging his or her duties, an officer who does
3720      not have knowledge that makes reliance unwarranted is entitled
3721      to rely on the performance by any of the persons specified in
3722      paragraph (5)(a) or paragraph (5)(b) to whom the board may have
3723      delegated, formally or informally by course of conduct, the
3724      authority or duty to perform one or more of the board's
3725      functions that are delegable under applicable law.

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          CS/HB 797                                                                                             2026




3726              (4)      In discharging his or her duties, an officer who does
3727      not have knowledge that makes reliance unwarranted is entitled
3728      to rely on any information, opinions, reports, or statements,
3729      including financial statements and other financial data,
3730      prepared or presented by any of the persons specified in
3731      subsection (5).
3732              (5)      An officer is entitled to rely, in accordance with
3733      subsection (3) or subsection (4), on:
3734              (a)      One or more officers or employees of the corporation
3735      whom the officer reasonably believes to be reliable and
3736      competent in the functions performed or the information,
3737      opinions, reports, or statements provided;
3738              (b)      Legal counsel, public accountants, or other persons
3739      retained by the corporation or by a committee of the board of
3740      the corporation as to matters involving skills or expertise the
3741      officer reasonably believes are matters:
3742              1.      Within the particular person's professional or expert
3743      competence; or
3744              2.      As to which the particular person merits confidence; or
3745              (c)      A committee of the board of directors of which the
3746      officer is not a member if the officer reasonably believes the
3747      committee merits confidence.
3748              (d)      In the case of a corporation engaged in religious
3749      activity, religious authorities and ministers, priests, rabbis,
3750      imams, or other persons whose positions or duties the officer

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          CS/HB 797                                                                                             2026




3751      reasonably believes justify reliance and confidence and whom the
3752      officer believes to be reliable and competent in the matters
3753      presented.
3754              (6)     The duty of an officer includes the obligation to:
3755              (a)     Inform the superior officer to whom, or the board of
3756      directors or the committee to which, the officer reports of
3757      information about the affairs of the corporation known to the
3758      officer, within the scope of the officer's functions, and known
3759      or as should be known to the officer to be material to such
3760      superior officer, board, or committee; and
3761              (b)     Inform such officer's superior officer, or another
3762      appropriate person within the corporation, or the board of
3763      directors, or a committee thereof, of any actual or probable
3764      material violation of law involving the corporation or material
3765      breach of duty to the corporation by an officer, employee, or
3766      agent of the corporation the officer believes has occurred or is
3767      likely to occur.
3768              (7)     An officer is not a trustee with respect to the
3769      corporation or to any property held or administered by the
3770      corporation in trust, including property that may be subject to
3771      restrictions imposed by the donor.
3772              Section 55.            Subsection (1) of section 617.1001, Florida
3773      Statutes, is amended to read:
3774              617.1001          Authority to amend the articles of
3775      incorporation.—

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          CS/HB 797                                                                                             2026




3776              (1)     A corporation may amend its articles of incorporation
3777      at any time to add or change a provision that is required or
3778      permitted in the articles of incorporation or to delete a
3779      provision not required to be contained in the articles of
3780      incorporation. Whether a provision is required or permitted in
3781      the articles of incorporation is determined as of the effective
3782      date of the amendment as provided in this act.
3783              Section 56.            Present paragraph (b) of subsection (1) and
3784      present subsections (2) and (3) of section 617.1002, Florida
3785      Statutes, are redesignated as subsections (2), (4), and (5),
3786      respectively, a new subsection (3) is added to that section, and
3787      present subsection (1) of that section is amended, to read:
3788              617.1002          Procedure for amending articles of
3789      incorporation.—
3790              (1)     Unless the articles of incorporation provide otherwise
3791      an alternative procedure, amendments to the articles of
3792      incorporation shall must be adopted made in the following
3793      manner:
3794              (a)     If there are members entitled to vote on a proposed
3795      amendment to the articles of incorporation, the proposed
3796      amendment shall first be adopted by the board of directors. must
3797      adopt a resolution setting forth the proposed amendment and
3798      directing that it be submitted to a vote at a meeting of members
3799      entitled to vote on the proposed amendment, which may be either
3800      an annual or a special meeting. Written notice setting forth the

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          CS/HB 797                                                                                             2026




3801      proposed amendment or a summary of the changes to be effected by
3802      the amendment must be given to each member entitled to vote at
3803      such meeting in accordance with the articles of incorporation or
3804      the bylaws. The proposed amendment shall be adopted upon
3805      receiving at least a majority, or any larger or smaller
3806      percentage specified in the articles of incorporation or the
3807      bylaws, of the votes which members present at such meeting or
3808      represented by proxy are entitled to cast; or
3809              (b)     Except as provided in subsection (3) or, with respect
3810      to restatements that do not require member approval, or s.
3811      617.1007, the members shall approve the amendment.
3812              (c)     In submitting the proposed amendment to the members
3813      for approval, the board of directors shall recommend that the
3814      members approve the amendment unless the board of directors
3815      determines that, because of a conflict of interest or other
3816      special circumstances, it should not make such a recommendation,
3817      in which case the board must inform the members of the basis for
3818      proceeding without such recommendation.
3819              (d)     The board of directors may set conditions for the
3820      approval of the amendment by the members or the effectiveness of
3821      the amendment.
3822              (e)     If the amendment is required to be approved by the
3823      members, and the approval is to be given at a meeting, the
3824      corporation must notify each member entitled to vote on the
3825      amendment of the meeting of members at which the amendment is to

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          CS/HB 797                                                                                             2026




3826      be submitted for approval. The notice must state that the
3827      purpose, or one of the purposes, of the meeting is to consider
3828      the amendment, and must contain or be accompanied by a copy of
3829      the amendment.
3830              (f)     Unless this chapter, the articles of incorporation, or
3831      the board of directors, acting pursuant to paragraph (d),
3832      requires a greater vote or a greater quorum, the approval of the
3833      amendment requires the approval of the members at a meeting at
3834      which the current required quorum exists.
3835              (2)(b)       If there are no members or if members are not
3836      entitled to vote on proposed amendments to the articles of
3837      incorporation, unless the articles of incorporation provide
3838      otherwise, an amendment may be adopted at a meeting of the board
3839      of directors by a majority vote of the directors then in office,
3840      or by the incorporators if no board has been elected. Unless the
3841      articles of incorporation provide otherwise, an amendment
3842      adopted by the board of directors under this subsection must
3843      also be approved, if the amendment changes or deletes a
3844      provision regarding the appointment of a director by persons
3845      other than the board, by those persons as if they constituted a
3846      voting group.
3847              (3)     Unless the articles of incorporation provide
3848      otherwise, the board of directors of a corporation with members
3849      entitled to vote on proposed amendments may adopt amendments to
3850      the corporation's articles of incorporation without approval of

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          CS/HB 797                                                                                             2026




3851      the members to:
3852              (a)     Extend the duration of the corporation if it was
3853      incorporated at a time when limited duration was required by
3854      law;
3855              (b)     Delete the names and addresses of the initial
3856      directors;
3857              (c)     Delete the name and address of the initial registered
3858      agent or registered office, if a statement of change is on file
3859      with the department;
3860              (d)     Delete any other information contained in the articles
3861      of incorporation which is solely of historical interest;
3862              (e)     Change the corporate name by substituting the word
3863      "corporation," "incorporated," or the abbreviation "Corp.," or
3864      "Inc.," for a similar word or abbreviation in the name, or by
3865      adding, deleting, or changing a geographical attribution for the
3866      name; or
3867              (f)     Restate without change all of the then operative
3868      provisions of the articles of incorporation as provided in s.
3869      617.1007.
3870              Section 57.            Section 617.1006, Florida Statutes, is amended
3871      to read:
3872              617.1006          Contents of articles of amendment.—
3873              (1)     After an amendment to the articles of incorporation
3874      has been adopted and approved as required by this chapter, the
3875      corporation shall deliver to the department for filing articles

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          CS/HB 797                                                                                             2026




3876      of amendment which must be signed in accordance with The
3877      articles of amendment must be executed by the corporation as
3878      provided in s. 617.01201 and must set forth:
3879              (a)(1)       The name of the corporation;
3880              (b)(2)       The text of each amendment adopted or the
3881      information required by s. 617.01201(10), if applicable;
3882              (c)      If the amendment provides for an exchange, a
3883      reclassification, or a cancellation of memberships, provisions
3884      for implementing the amendment if not contained in the amendment
3885      itself, which may be made dependent upon facts objectively
3886      ascertainable outside the articles of amendment in accordance
3887      with s. 617.01201(10);
3888              (d)      The date of each amendment's adoption; and
3889              (e)      If the amendment:
3890              1.      Was adopted by the incorporators or the board of
3891      directors without member approval, a statement that the
3892      amendment was adopted by the incorporators or by the board of
3893      directors and that member approval was not required;
3894              2.      Required approval by the members, a statement that the
3895      amendment was duly approved by the members in the manner
3896      required by this chapter and by the articles of incorporation
3897      and bylaws; or
3898              3.      Is being filed pursuant to s. 617.01201(10), a
3899      statement to that effect.
3900              (2)      Articles of amendment take effect on the effective

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          CS/HB 797                                                                                             2026




3901      date determined pursuant to s. 617.0123.
3902              (3)     If there are members entitled to vote on a proposed
3903      amendment, the date of the adoption of the amendment by the
3904      members and a statement that the number of votes cast for the
3905      amendment was sufficient for approval; and
3906              (4)     If there are no members or if members are not entitled
3907      to vote on a proposed amendment, a statement of such fact and
3908      the date of the adoption of the amendment by the board of
3909      directors.
3910              Section 58.            Section 617.1101, Florida Statutes, is amended
3911      to read:
3912              (Substantial rewording of section.
3913              See s. 617.1101, F.S., for present text.)
3914              617.1101          Plan of merger.—
3915              (1)     By complying with this chapter, including adopting a
3916      plan of merger in accordance with subsection (3) and complying
3917      with s. 617.1103:
3918              (a)     Subject to and except as otherwise provided in s.
3919      617.1102, one or more domestic corporations may merge with one
3920      or more domestic or foreign eligible entities pursuant to a plan
3921      of merger, resulting in a survivor; and
3922              (b)     Any two or more eligible entities may merge, resulting
3923      in a surviving entity that is a domestic corporation created in
3924      the merger.
3925              (2)     Subject to and except as otherwise provided in s.

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          CS/HB 797                                                                                             2026




3926      617.1102, a domestic eligible entity that is not a corporation
3927      may be a party to a merger with a domestic corporation, or may
3928      be created as the survivor in a merger in which a domestic
3929      corporation is a party, but only if the parties to the merger
3930      comply with this chapter and the merger is permitted by the
3931      organic law of the domestic eligible entity that is not a
3932      corporation. A foreign eligible entity may be a party to a
3933      merger with a domestic corporation or, subject to and as
3934      otherwise provided in s. 617.1102, may be created as the
3935      survivor in a merger in which a domestic corporation is a party,
3936      but only if the parties to the merger comply with this chapter
3937      and the merger is permitted by the organic law of the foreign
3938      eligible entity.
3939              (3)      The plan of merger must set forth:
3940              (a)      As to each party to the merger, its name, jurisdiction
3941      of formation, and type of entity;
3942              (b)      The survivor's name, jurisdiction of formation, and
3943      type of entity, and, if the survivor is to be created in the
3944      merger, a statement to that effect;
3945              (c)      The terms and conditions of the merger, including:
3946              1.      A statement that the interests in such entity are to be
3947      canceled; or
3948              2.      The manner of converting the interests in such entity
3949      into interests, securities, obligations, money, other property,
3950      rights to acquire interests or securities, or any combination of

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          CS/HB 797                                                                                             2026




3951      the foregoing;
3952              (d)     The articles of incorporation of any domestic or
3953      foreign corporation, or the public organic record of any other
3954      domestic or foreign eligible entity to be created by the merger,
3955      or if a new domestic or foreign corporation or other eligible
3956      entity is not to be created by the merger, any amendment to, or
3957      restatement of, the survivor's articles of incorporation or
3958      other public organic record;
3959              (e)     The effective date and time of the merger, which may
3960      be on or after the filing date of filing the articles of merger;
3961      and
3962              (f)     Any other provision required by the laws under which
3963      any party to the merger is organized or by which it is governed,
3964      or by the articles of incorporation or organic rules of any such
3965      party.
3966              (4)     In addition to the requirements of subsection (3), a
3967      plan of merger may contain any other provision that is not
3968      prohibited by law.
3969              (5)     Terms of a plan of merger may be made dependent upon
3970      facts objectively ascertainable outside the plan in accordance
3971      with s. 617.01201(10).
3972              (6)     A plan of merger may be amended only with the consent
3973      of each party to the merger, except as provided in the plan. A
3974      domestic party to a merger may approve an amendment to a plan:
3975              (a)     In the same manner as the plan was approved, if the

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          CS/HB 797                                                                                             2026




3976      plan does not provide for the manner in which it may be amended;
3977      or
3978               (b)      In the manner provided in the plan, except that an
3979      interest holder that was entitled to vote on or consent to the
3980      approval of the plan is entitled to vote on or consent to any
3981      amendment to the plan which will change:
3982               1.      The amount or kind of interests, securities,
3983      obligations, money, other property, rights to acquire interests
3984      or securities, or any combination of the foregoing, to be
3985      received under the plan by the interest holders of any party to
3986      the merger;
3987               2.      The articles of incorporation of any domestic
3988      corporation, or the organic rules of any other type of entity,
3989      that will be the survivor of the merger, except for changes
3990      permitted by s. 617.1002(3) or by comparable provisions of the
3991      organic law of any other type of entity; or
3992               3.      Any of the other terms or conditions of the plan if the
3993      change would adversely affect the interest holder in any
3994      material respect.
3995               Section 59.           Section 617.1102, Florida Statutes, is amended
3996      to read:
3997               617.1102         Limitation on merger.—A domestic corporation that
3998      holds property for a charitable purpose not for profit organized
3999      under this chapter may merge with one or more other eligible
4000      entities, as identified in s. 607.1101(1), only if the surviving

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          CS/HB 797                                                                                             2026




4001      entity of such merger is a domestic or foreign corporation not
4002      for profit or other eligible entity that has been organized as a
4003      nonprofit not-for-profit entity under a governing statute or
4004      other applicable law that allows such a merger.
4005              Section 60.            Section 617.1103, Florida Statutes, is amended
4006      to read:
4007              (Substantial rewording of section.
4008              See s. 617.1103, F.S., for present text.)
4009              617.1103          Approval of plan of merger; abandonment of plan
4010      thereafter.—
4011              (1)     In the case of a domestic corporation that is a party
4012      to a merger, the plan of merger shall be adopted in the
4013      following manner if there are members of the domestic
4014      corporation entitled to vote on the merger:
4015              (a)     The plan of merger shall first be adopted by the board
4016      of directors of such domestic corporation.
4017              (b)     Except as provided in paragraph (h), and in s.
4018      617.1104, the members entitled to vote shall vote to adopt the
4019      plan of merger.
4020              (c)     In submitting the plan of merger to the members for
4021      approval, the board of directors shall recommend that the
4022      members approve the plan, unless the board of directors makes a
4023      determination that because of conflicts of interest or other
4024      special circumstances it should not make such a recommendation,
4025      in which case the board shall inform the members of the basis

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          CS/HB 797                                                                                             2026




4026      for proceeding without such recommendation.
4027              (d)     The board of directors may set conditions for the
4028      approval of the proposed merger by the members or the
4029      effectiveness of the plan of merger.
4030              (e)     If the approval by members is to be given at a
4031      meeting, the corporation shall notify each member entitled to
4032      vote of the meeting of members at which the plan is submitted
4033      for approval in accordance with this chapter and the articles of
4034      incorporation and bylaws of the corporation. The notice must
4035      also state that the purpose, or one of the purposes, of the
4036      meeting is to consider the plan of merger, regardless of whether
4037      the meeting is an annual or a special meeting, and contain or be
4038      accompanied by a copy of the plan. If the corporation is not to
4039      be the surviving entity, the notice must also include or be
4040      accompanied by a copy of the articles of incorporation and
4041      bylaws or the organic rules of the surviving entity.
4042              (f)     Unless this chapter, the articles of incorporation, or
4043      the board of directors, acting pursuant to paragraph (d),
4044      requires a greater vote or a greater quorum in the respective
4045      case, approval of the plan of merger shall require the approval
4046      of the members at a meeting at which the current required quorum
4047      exists by a majority of the votes entitled to be cast on the
4048      plan and, if any class of members is entitled to vote as a
4049      separate voting group on the plan of merger, the approval of
4050      each such separate voting group at a meeting at which a quorum

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          CS/HB 797                                                                                             2026




4051      of the voting group is present by a majority of the votes
4052      entitled to be cast on the merger by that voting group.
4053              (g)      Subject to paragraph (h), unless otherwise provided in
4054      the articles of incorporation, separate voting on a plan of
4055      merger is required for each class of members that is to be
4056      converted under the plan of merger into securities, interests,
4057      or obligations; rights to acquire securities or other interests;
4058      or cash, other property, or any combination thereof.
4059              (h)      The articles of incorporation may expressly limit or
4060      eliminate the separate voting rights as to any class of members.
4061              (2)      If a domestic corporation that is a party to a merger
4062      has no members or if its members are not entitled to vote on a
4063      plan of merger, such plan may be adopted at a meeting of its
4064      board of directors by a majority vote of the directors then in
4065      office.
4066              (3)(a)       After a plan of merger has been approved and before
4067      articles of merger are effective, the plan may be abandoned as
4068      provided in the plan. Unless prohibited by the plan, the plan
4069      may be abandoned by the board of directors in the same manner as
4070      the plan was approved by:
4071              1.      A domestic corporation; or
4072              2.      A merging domestic eligible entity if the organic law
4073      of the entity does not provide for amendment of a plan of
4074      merger.
4075              (b)      If a merger is abandoned under paragraph (a) after

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          CS/HB 797                                                                                             2026




4076      articles of merger have been delivered to the department for
4077      filing but before the articles of merger have become effective,
4078      a statement of abandonment signed by all the parties that signed
4079      the articles of merger shall be delivered to the department for
4080      filing before the articles of merger become effective. The
4081      statement takes effect on filing, whereupon the merger is deemed
4082      abandoned and does not become effective. The statement of
4083      abandonment must contain:
4084              1.      The name of each party to the merger;
4085              2.      The date on which the articles of merger were filed by
4086      the department; and
4087              3.      A statement that the merger has been abandoned in
4088      accordance with this section.
4089              Section 61.            Section 617.1104, Florida Statutes, is created
4090      to read:
4091              617.1104          Short-form merger between parent and subsidiary
4092      or between subsidiaries.—
4093              (1)(a)       A domestic or foreign parent eligible entity that
4094      holds a membership in a domestic corporation that carries at
4095      least 80 percent of the voting power of each class of membership
4096      of the domestic corporation which has voting power may:
4097              1.      Merge the subsidiary into itself, or into another
4098      domestic or foreign eligible entity in which the parent eligible
4099      entity owns at least 80 percent of the voting power of each
4100      class and series of the outstanding interests that have voting

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          CS/HB 797                                                                                             2026




4101      power; or
4102              2.      Merge itself into the subsidiary.
4103              (b)      Mergers under subparagraphs (a)1. and 2. do not
4104      require the approval of the board of directors or members of the
4105      subsidiary unless the articles of incorporation or organic rules
4106      of the parent eligible entity or the articles of incorporation
4107      of the subsidiary entity otherwise provide. The articles of
4108      merger relating to a merger under this section do not need to be
4109      signed by the subsidiary entity.
4110              (2)      The parent eligible entity shall, within 10 days after
4111      the effective date of a merger approved under subsection (1),
4112      notify each of the subsidiary entity's members that the merger
4113      has become effective.
4114              (3)      Except as provided for in subsections (1) and (2), a
4115      merger between a parent eligible entity and a domestic
4116      subsidiary corporation is governed by ss. 617.1101-617.1107,
4117      which are applicable to mergers generally.
4118              Section 62.            Section 617.1105, Florida Statutes, is amended
4119      to read:
4120              (Substantial rewording of section.
4121              See s. 617.1105, F.S., for present text.)
4122              617.1105          Articles of merger.—
4123              (1)      After a plan of merger has been adopted and approved
4124      as required by this chapter or, if the merger is being effected
4125      pursuant to s. 617.1101(1)(b), the merger has been approved as

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          CS/HB 797                                                                                             2026




4126      required by the organic law governing the parties to the merger,
4127      the articles of merger must be signed by each party to the
4128      merger, except as provided in s. 617.1104. The articles of
4129      merger must set forth:
4130              (a)      The name, jurisdiction of formation, and type of
4131      entity of each party to the merger;
4132              (b)      If not already identified as the survivor pursuant to
4133      paragraph (a), the name, jurisdiction of formation, and type of
4134      entity of the survivor;
4135              (c)      If the articles of incorporation of the survivor are
4136      being amended, or if a new domestic corporation is being created
4137      as a result of the merger:
4138              1.      The amendments to the survivor's articles of
4139      incorporation; or
4140              2.      The articles of incorporation of the new corporation;
4141              (d)      If the plan of merger required approval by the members
4142      of a domestic corporation that is a party to the merger, a
4143      statement that the plan was duly approved by the members and, if
4144      voting by any separate voting group was required, by each such
4145      separate voting group, in the manner required by this chapter
4146      and the articles of incorporation of such domestic corporation;
4147              (e)      If the plan of merger did not require approval by the
4148      members of a domestic corporation that is a party to the merger,
4149      a statement to that effect;
4150              (f)      As to each foreign corporation that is a party to the

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          CS/HB 797                                                                                             2026




4151      merger, a statement that the participation of the foreign
4152      corporation was duly authorized in accordance with such
4153      corporation's organic law;
4154              (g)     As to each domestic or foreign eligible entity that is
4155      a party to the merger and that is not a domestic or foreign
4156      corporation, a statement that the participation of the eligible
4157      entity in the merger was duly authorized in accordance with such
4158      eligible entity's organic law; and
4159              (h)     If the survivor is not a domestic or foreign
4160      corporation or other eligible entity that has been organized as
4161      a nonprofit entity under a governing statute or other applicable
4162      law that allows such a merger, as to each domestic corporation
4163      that is a party to the merger, a statement that it does not hold
4164      any property for a charitable purpose.
4165              (2)     In addition to the requirements of subsection (1),
4166      articles of merger may contain any other provision not
4167      prohibited by law.
4168              (3)     The articles of merger shall be delivered to the
4169      department for filing, and, subject to subsection (4), the
4170      merger must take effect on the effective date determined in
4171      accordance with s. 617.0123.
4172              (4)     With respect to a merger in which one or more foreign
4173      entities is a party or a foreign corporation created by the
4174      merger is the survivor, the merger itself becomes effective at
4175      the later of:

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          CS/HB 797                                                                                             2026




4176              (a)     When all documents required to be filed in all foreign
4177      jurisdictions to effect the merger have become effective; or
4178              (b)     When the articles of merger take effect.
4179              (5)     Articles of merger required to be filed under this
4180      section may be combined with any filing required under the
4181      organic law governing any other domestic eligible entity
4182      involved in the transaction if the combined filing satisfies the
4183      requirements of both this section and the other organic law.
4184              Section 63.            Section 617.1106, Florida Statutes, is amended
4185      to read:
4186              (Substantial rewording of section.
4187              See s. 617.1106, F.S., for present text.)
4188              617.1106          Effect of merger.—
4189              (1)     When a merger becomes effective:
4190              (a)     The domestic or foreign eligible entity that is
4191      designated in the plan of merger as the survivor continues or
4192      comes into existence, as the case may be;
4193              (b)     The separate existence of every merging entity, other
4194      than the survivor, ceases;
4195              (c)     All property owned by, and every contract right and
4196      other right possessed by, each merging entity vests in the
4197      survivor, without transfer, reversion, or impairment;
4198              (d)     All debts, obligations, and other liabilities of each
4199      merging entity become debts, obligations, and liabilities of the
4200      survivor;

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          CS/HB 797                                                                                             2026




4201              (e)     The name of the survivor may be, but need not be,
4202      substituted in any pending proceeding for the name of any party
4203      to the merger whose separate existence ceased in the merger;
4204              (f)     Neither the rights of creditors nor any liens upon the
4205      property of any corporation party to the merger are impaired by
4206      such merger;
4207              (g)     If the survivor is a domestic eligible entity, the
4208      articles of incorporation and bylaws or the organic rules of the
4209      survivor are amended to the extent provided in the plan of
4210      merger;
4211              (h)     The articles of incorporation and bylaws or the
4212      organic rules of a survivor that is a domestic eligible entity
4213      and is created by the merger become effective;
4214              (i)     The interests of each merging entity which are to be
4215      canceled or converted in the merger are canceled or converted,
4216      and the interest holders of those interests are entitled only to
4217      the rights provided to them under the plan of merger and to any
4218      appraisal rights they have under the merging entity's organic
4219      law;
4220              (j)     Except as provided by law or the plan of merger, all
4221      the rights, privileges, franchises, and immunities of each
4222      eligible entity that is a party to the merger, other than the
4223      survivor, become the rights, privileges, franchises, and
4224      immunities of the survivor; and
4225              (k)     If the survivor exists before the merger:

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          CS/HB 797                                                                                             2026




4226              1.      All the property and contract and other rights of the
4227      survivor remain its property and contract and other rights
4228      without transfer, reversion, or impairment;
4229              2.      The survivor remains subject to all of its debts,
4230      obligations, and other liabilities; and
4231              3.      Except as provided by law or the plan of merger, the
4232      survivor continues to hold all of its rights, privileges,
4233      franchises, and immunities.
4234              (2)      Except as provided in the organic law governing a
4235      party to a merger or in its articles of incorporation or organic
4236      rules, the merger does not give rise to any rights that any
4237      interest holder or third party would have upon a dissolution,
4238      liquidation, or winding up of that party. The merger does not
4239      require a party to the merger to wind up its affairs and does
4240      not constitute or cause its dissolution or termination.
4241              (3)      Property held in trust or otherwise dedicated to a
4242      charitable purpose and held by a domestic or foreign eligible
4243      entity immediately before a merger becomes effective may not, as
4244      a result of the merger, be diverted from the purposes for which
4245      it was donated, granted, devised, or otherwise transferred
4246      except pursuant to the laws of this state addressing cy pres or
4247      dealing with nondiversion of charitable assets.
4248              (4)      Any bequest, devise, gift, grant, or promise contained
4249      in a will or other instrument of donation, subscription, or
4250      conveyance which is made to an eligible entity that is a party

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          CS/HB 797                                                                                             2026




4251      to a merger that is not the survivor and which takes effect or
4252      remains payable after the merger inures to the survivor.
4253              (5)     A trust obligation that would govern property if the
4254      property is directed to be transferred to a nonsurviving
4255      eligible entity applies to property that is to be transferred
4256      instead to the survivor after a merger becomes effective.
4257              Section 64.            Section 617.1107, Florida Statutes, is amended
4258      to read:
4259              617.1107          Merger of domestic and foreign corporations.—
4260              (1)     One or more foreign corporations and one or more
4261      domestic corporations may be merged into a corporation of this
4262      state or of another jurisdiction if such merger is permitted by
4263      the laws of the jurisdiction under which each such foreign
4264      corporation is organized and if:
4265              (a)     Each foreign corporation complies with the applicable
4266      laws of the jurisdiction under which it is organized; and
4267              (b)     Each domestic corporation complies with the provisions
4268      of this act relating to the merger of domestic corporations.
4269              (2)     Following a merger in accordance with s. 617.1101, if
4270      the surviving eligible entity is a foreign eligible entity
4271      corporation is to be governed by the laws of any jurisdiction
4272      other than this state, it must comply with the provisions of
4273      this chapter act with respect to foreign corporations if it is
4274      to conduct its affairs in this state, and in every case it will
4275      be deemed to have filed with the department of State:

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          CS/HB 797                                                                                             2026




4276              (a)     An agreement that it may be served with process in
4277      this state in any proceeding for the enforcement of any
4278      obligation of any domestic corporation which is a party to such
4279      merger; and
4280              (b)     An irrevocable appointment of the department of State
4281      of this state as its agent to accept service of process in any
4282      such proceeding.
4283              (2)(3)       Following a merger in accordance with s. 617.1101,
4284      if the surviving eligible entity is a corporation is to be
4285      governed by the laws of this state, the effect of such merger is
4286      the same as in the case of the merger of domestic corporations.
4287      If the surviving eligible entity corporation is to be governed
4288      by the laws of any jurisdiction other than this state, the
4289      effect of such merger is governed by the laws of such other
4290      jurisdiction.
4291              (4)     At any time prior to the filing of the articles of
4292      merger by the Department of State, the merger may be abandoned
4293      pursuant to provisions therefor, if any, set forth in the plan
4294      of merger.
4295              Section 65.            Section 617.1202, Florida Statutes, is amended
4296      to read:
4297              617.1202          Sale, lease, exchange, or other disposition of
4298      corporate property and assets requiring member approval.—A sale,
4299      lease, exchange, or other disposition of all or substantially
4300      all of the property and assets of a corporation, in all cases

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          CS/HB 797                                                                                             2026




4301      other than those not requiring member approval as specified in
4302      s. 617.1201, may be made upon such terms and conditions and for
4303      such consideration, which may consist in whole or in part of
4304      money or property, real or personal, including shares, bonds, or
4305      other securities of any corporation or corporations for profit,
4306      domestic or foreign, and must be authorized in the following
4307      manner:
4308              (1)     If a the corporation has members entitled to vote, the
4309      corporation may sell, lease, exchange, or otherwise dispose of
4310      all, or substantially all, of its property, with or without good
4311      will, on the terms and conditions and for the consideration
4312      determined by the corporation's board of directors, but only if
4313      the board of directors proposes and its members approve the
4314      proposed transaction in the following manner: on the sale,
4315      lease, exchange, or other disposition of corporate property, the
4316      board of directors must adopt a resolution approving such sale,
4317      lease, exchange, or other disposition, and directing that it be
4318      submitted to a vote at a meeting of members entitled to vote
4319      thereon, which may be either an annual or special meeting.
4320      Written notice stating that the purpose, or one of the purposes,
4321      of such meeting is to consider the sale, lease, exchange, or
4322      other disposition of all or substantially all of the property
4323      and assets of the corporation must be given to each member
4324      entitled to vote at such meeting in accordance with the articles
4325      of incorporation or the bylaws. At such meeting, the members may

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          CS/HB 797                                                                                             2026




4326      authorize such sale, lease, exchange, or other disposition and
4327      may approve or fix, or may authorize the board of directors to
4328      fix, any or all of the terms and conditions thereof and the
4329      consideration to be received by the corporation therefor. Such
4330      authorization requires at least a majority of the votes which
4331      members present at such meeting or represented by proxy are
4332      entitled to cast. After such authorization by a vote of members,
4333      the board of directors may, in its discretion, abandon such
4334      sale, lease, exchange, or other disposition of assets, subject
4335      to the rights of third parties under any contracts relating to
4336      such sale, lease, exchange, or other disposition, without
4337      further action or approval by members.
4338              (a)     The board of directors shall first adopt a resolution
4339      approving the disposition, and thereafter, the disposition must
4340      also be approved by the corporation's members having voting
4341      rights thereon.
4342              (b)     In submitting the disposition to the members who have
4343      voting rights for approval, the board of directors shall
4344      recommend the proposed transaction to the members of record
4345      unless the board of directors makes a determination that because
4346      of a conflict of interest or other special circumstances it
4347      should not make such a recommendation, in which event the board
4348      of directors shall inform the members of the basis for its so
4349      proceeding without such recommendation.
4350              (c)     The board of directors may set conditions for approval

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          CS/HB 797                                                                                             2026




4351      of the disposition or the effectiveness of the disposition.
4352              (d)     If the disposition is required to be approved by the
4353      members under this subsection and if the approval is to be given
4354      at the meeting, the corporation must notify each member entitled
4355      to vote of the meeting of members at which the disposition is to
4356      be submitted for approval. The notice must state that the
4357      purpose, or one of the purposes, of the meeting is to consider
4358      the disposition and must contain a description of the
4359      disposition and the consideration to be received by the
4360      corporation.
4361              (e)     Unless this chapter, the articles of incorporation, or
4362      the board of directors acting pursuant to paragraph (c) requires
4363      a greater vote or a greater quorum, the approval of the
4364      disposition shall require the approval of the members entitled
4365      to vote at a meeting at which the current required quorum exists
4366      consisting of a majority of all the votes entitled to be cast on
4367      the disposition.
4368              (2)     After a disposition has been approved by the members
4369      under this section, and at any time before the disposition has
4370      been consummated, it may be abandoned by the corporation without
4371      action by the members, subject to any contractual rights of
4372      other parties to the disposition.
4373              (3)     A disposition of assets in the course of dissolution
4374      is governed by ss. 617.1401-617.1440 and not by this section.
4375              (4)     If the corporation has no members or if its members

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          CS/HB 797                                                                                             2026




4376      are not entitled to vote thereon, a sale, lease, exchange, or
4377      other disposition of all or substantially all the property and
4378      assets of a corporation may be authorized by a majority vote of
4379      the directors then in office.
4380              Section 66.            Subsection (2) of section 617.1401, Florida
4381      Statutes, is amended, and subsection (3) of that section is
4382      reenacted, to read:
4383              617.1401          Voluntary dissolution of corporation prior to
4384      conducting its affairs.—
4385              (2)     Articles of dissolution must be executed in accordance
4386      with s. 617.01201 and must set forth:
4387              (a)     The name of the corporation;
4388              (b)     The date of filing of its articles of incorporation;
4389              (c)     That the corporation has not commenced to conduct its
4390      affairs;
4391              (d)     That no debts of the corporation remain unpaid; and
4392              (e)     That any net assets of the corporation remaining after
4393      winding up have been distributed in accordance with s. 617.1406;
4394      and
4395              (f)     That the incorporator or a majority of the
4396      incorporators or a majority of the directors, as the case may
4397      be, authorized the dissolution.
4398              (3)     The articles of dissolution must be filed and shall
4399      become effective in accordance with s. 617.1403, may be revoked
4400      in accordance with s. 617.1404, and shall have the effect

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          CS/HB 797                                                                                             2026




4401      prescribed in s. 617.1405.
4402              Section 67.            Section 617.1402, Florida Statutes, is amended
4403      to read:
4404              617.1402          Dissolution of corporation subsequent to
4405      conducting its affairs.—A corporation desiring to dissolve and
4406      wind up its affairs must adopt a resolution to dissolve in the
4407      following manner:
4408              (1)     If the corporation has members entitled to vote on a
4409      resolution to dissolve, and unless the board of directors
4410      determines that because of a conflict of interest or other
4411      substantial reason it should not make any recommendation, the
4412      board of directors must adopt a resolution recommending that the
4413      corporation be dissolved and directing that the question of such
4414      dissolution be submitted to a vote at a meeting of members
4415      entitled to vote thereon, which may be either an annual or
4416      special meeting. Written notice stating that the purpose, or one
4417      of the purposes, of such meeting is to consider the advisability
4418      of dissolving the corporation must be given to each member
4419      entitled to vote at such meeting in accordance with the articles
4420      of incorporation or the bylaws. A resolution to dissolve the
4421      corporation must shall be adopted upon receiving at least a
4422      majority of the votes which members present at such meeting or
4423      represented by proxy are entitled to cast.
4424              (2)     If the corporation has no members or if its members
4425      are not entitled to vote on a resolution to dissolve, the

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          CS/HB 797                                                                                             2026




4426      dissolution of the corporation may be authorized at a meeting of
4427      the board of directors by a majority vote of the directors then
4428      in office.
4429              Section 68.            Subsection (1) of section 617.1403, Florida
4430      Statutes, is amended, and subsection (3) is added to that
4431      section, to read:
4432              617.1403          Articles of dissolution.—
4433              (1)     At any time after dissolution is authorized, the
4434      corporation may dissolve by delivering to the department of
4435      State for filing articles of dissolution setting forth:
4436              (a)     The name of the corporation;
4437              (b)     If the corporation has members entitled to vote on
4438      dissolution, the date of the meeting of members at which the
4439      resolution to dissolve was adopted, a statement that the number
4440      of votes cast for dissolution was sufficient for approval, or a
4441      statement that such a resolution was adopted by written consent
4442      and executed in accordance with s. 617.0701; and
4443              (c)     If the corporation has no members or if its members
4444      are not entitled to vote on dissolution, a statement of such
4445      fact, the date of the adoption of such resolution by the board
4446      of directors, the number of directors then in office, and the
4447      vote for the resolution.
4448              (3)     For purposes of ss. 617.1401-617.1422, the term
4449      "dissolved corporation" means a corporation whose articles of
4450      dissolution have become effective and includes a successor

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          CS/HB 797                                                                                             2026




4451      entity, as defined in s. 617.01401.
4452              Section 69.            Subsection (1) of section 617.1405, Florida
4453      Statutes, is amended, subsections (5) and (6) are added to that
4454      section, and subsection (4) of that section is reenacted, to
4455      read:
4456              617.1405          Effect of dissolution.—
4457              (1)     A dissolved corporation that has dissolved continues
4458      its corporate existence but may not conduct its affairs except
4459      to the extent appropriate to wind up and liquidate its affairs,
4460      including:
4461              (a)     Collecting its assets;
4462              (b)     Disposing of its properties that will not be
4463      distributed in kind pursuant to the plan of distribution of
4464      assets adopted under s. 617.1406;
4465              (c)     Discharging or making provision for discharging its
4466      liabilities;
4467              (d)     Distributing its remaining property in accordance with
4468      the plan of distribution of assets adopted under s. 617.1406;
4469      and
4470              (e)     Doing every other act necessary to wind up and
4471      liquidate its affairs.
4472              (4)     The name of a dissolved corporation is not available
4473      for assumption or use by another corporation until 120 days
4474      after the effective date of dissolution unless the dissolved
4475      corporation provides the department with an affidavit, executed

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          CS/HB 797                                                                                             2026




4476      pursuant to s. 617.01201, authorizing the immediate assumption
4477      or use of the name by another corporation.
4478              (5)     For purposes of this section, the circuit court may
4479      appoint a trustee, custodian, receiver, or provisional director
4480      as described in s. 617.1435 for any property owned or acquired
4481      by the corporation who may engage in any act permitted in
4482      accordance with subsection (1) if any director or officer of the
4483      dissolved corporation is unwilling or unable to serve or cannot
4484      be located.
4485              (6)     Property held in trust or otherwise dedicated to a
4486      public or charitable purpose may not be diverted from its trust
4487      or charitable purpose by the dissolution of a corporation except
4488      in compliance with and pursuant to the laws of this state
4489      addressing cy pres or otherwise dealing with the nondiversion of
4490      charitable assets.
4491              Section 70.            Section 617.1406, Florida Statutes, is amended
4492      to read:
4493              617.1406          Plan of distribution of assets.—A plan providing
4494      for the distribution of assets, not inconsistent with this
4495      chapter act or the articles of incorporation, must be adopted by
4496      a corporation in the following manner:
4497              (1)     If the corporation has members entitled to vote on a
4498      plan of distribution of assets, the board of directors must
4499      adopt a resolution recommending a plan of distribution and
4500      directing its submission to a vote at a meeting of members

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          CS/HB 797                                                                                             2026




4501      entitled to vote thereon, which may be either an annual or a
4502      special meeting. Written notice setting forth the proposed plan
4503      of distribution or a summary thereof must be given to each
4504      member entitled to vote at such meeting in accordance with the
4505      articles of incorporation or the bylaws. Such plan of
4506      distribution shall be adopted upon receiving at least a majority
4507      of the votes which the members present at such meeting or
4508      represented by proxy are entitled to cast.
4509              (2)     If the corporation has no members or if its members
4510      are not entitled to vote on a plan of distribution, such plan
4511      may be adopted at a meeting of the board of directors by a
4512      majority vote of the directors then in office.
4513              (3)     A plan of distribution of assets must provide that:
4514              (a)     All liabilities and obligations of the corporation be
4515      paid and discharged, or adequate provisions be made therefor;
4516              (b)     Assets held by the corporation upon condition
4517      requiring return, transfer, or conveyance, which condition
4518      occurs by reason of the dissolution, be returned, transferred,
4519      or conveyed in accordance with such requirements;
4520              (c)     Assets received and held by the corporation subject to
4521      limitations permitting their use only for charitable, religious,
4522      eleemosynary, benevolent, educational, or similar purposes, but
4523      not held upon a condition requiring return, transfer, or
4524      conveyance by reason of the dissolution, be transferred or
4525      conveyed to one or more domestic or foreign corporations,

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          CS/HB 797                                                                                             2026




4526      trusts, societies, or organizations engaged in activities
4527      substantially similar to those of the dissolving corporation, as
4528      provided in the plan of distribution of assets;
4529              (d)     Other assets, if any, be distributed in accordance
4530      with the provisions of the articles of incorporation or the
4531      bylaws to the extent that the articles of incorporation or the
4532      bylaws determine the distributive rights of members, or any
4533      class or classes of members, or provide for distribution to
4534      others; and
4535              (e)     Any remaining assets be distributed to such persons,
4536      trusts, societies, organizations, or domestic or foreign
4537      corporations, whether for profit or not for profit, as specified
4538      in the plan of distribution of assets.
4539              (4)     A copy of the plan of distribution of assets,
4540      authenticated by an officer of the corporation and containing
4541      the officer's certificate of compliance with the requirements of
4542      subsection (1) or subsection (2) must be filed with the
4543      department of State.
4544              Section 71.            Section 617.1407, Florida Statutes, is amended
4545      to read:
4546              617.1407          Unknown claims against dissolved corporation.—
4547              (1)     A dissolved corporation or successor entity may
4548      execute one of the following procedures to resolve payment of
4549      unknown claims:
4550              (a)     A dissolved corporation or successor entity may file

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          CS/HB 797                                                                                             2026




4551      notice of its dissolution with the department on the form
4552      prescribed by the department and request that persons with
4553      having claims against the corporation which are not known claims
4554      as defined in s. 617.1408(5) to the corporation or successor
4555      entity present them in accordance with the notice. The notice
4556      must:
4557              1.      State the name of the corporation that is the subject
4558      and the date of the dissolution;
4559              2.      State that the corporation is the subject of a
4560      dissolution and the effective date of the dissolution;
4561              3.      Specify Describe the information that must be included
4562      in a claim;
4563              4.      State that a claim must be in writing and provide a
4564      mailing address to which the claim may be sent; and
4565              5.3.        State that a claim against the corporation under this
4566      subsection will be is barred unless a proceeding to enforce the
4567      claim is commenced within 4 years after the date of the filing
4568      of the notice.
4569              (b)     A dissolved corporation or successor entity may,
4570      within 10 days after filing articles of dissolution with the
4571      department, publish a "Notice of Corporate Dissolution." The
4572      notice must appear once a week for 2 consecutive weeks in a
4573      newspaper of general circulation in the county in the state in
4574      which the corporation has its principal office, if any, or, if
4575      none, in a county in the state in which the corporation owns

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          CS/HB 797                                                                                             2026




4576      real or personal property. Such newspaper shall meet the
4577      requirements as are prescribed by law for such purposes. The
4578      notice must:
4579              1.      State the name of the corporation that is the subject
4580      and the date of the dissolution;
4581              2.      State that the corporation is the subject of a
4582      dissolution and the effective date of the dissolution;
4583              3.      Specify Describe the information that must be included
4584      in a claim;
4585              4.      State that a claim must be in writing and provide a
4586      mailing address to which the claim may be sent; and
4587              5.3.        State that a claim against the corporation under this
4588      subsection will be is barred unless a proceeding to enforce the
4589      claim is commenced within 4 years after the filing date of the
4590      second consecutive weekly publication of the notice.
4591              (2)      If the dissolved corporation or successor entity
4592      complies with paragraph (1)(a) or paragraph (1)(b), unless
4593      sooner barred by another statute limiting actions, the claim of
4594      each of the following claimants is barred unless the claimant
4595      commences a proceeding to enforce the claim against the
4596      dissolved corporation within 4 years after the date of filing
4597      the notice with the department or the date of the second
4598      consecutive weekly publication, as applicable:
4599              (a)      A claimant who was not given did not receive written
4600      notice under s. 617.1408;(9), or whose claim is not provided for

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          CS/HB 797                                                                                             2026




4601      under s. 617.1408(10), regardless of whether such claim is based
4602      on an event occurring before or after the effective date of
4603      dissolution.
4604              (b)     A claimant whose claim was timely sent to the
4605      dissolved corporation but on which no action was taken; or.
4606              (c)     A claimant whose claim was excluded as a known claim
4607      as defined in s. 617.1408(5)(b).
4608              (3)     This section does not preclude or relieve the
4609      corporation from its notification to claimants otherwise set
4610      forth in this chapter A claim may be entered under this section:
4611              (a)     Against the dissolved corporation, to the extent of
4612      its undistributed assets; or
4613              (b)     If the assets have been distributed in liquidation,
4614      against a member of the dissolved corporation to the extent of
4615      such member's pro rata share of the claim or the corporate
4616      assets distributed to such member in liquidation, whichever is
4617      less; however, the aggregate liability of any member of a
4618      dissolved corporation may not exceed the amount distributed to
4619      the member in dissolution.
4620              Section 72.            Section 617.1408, Florida Statutes, is amended
4621      to read:
4622              (Substantial rewording of section.
4623              See s. 617.1408, F.S., for present text.)
4624              617.1408          Known claims against dissolved corporation.
4625              (1)     A dissolved corporation or a successor entity may

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          CS/HB 797                                                                                             2026




4626      dispose of the known claims against it by giving written notice
4627      that satisfies the requirements of subsection (2) to its known
4628      claimants of the dissolution at any time after the effective
4629      date of the dissolution, but no later than the date that is 270
4630      days before the date which is 3 years after the effective date
4631      of the dissolution.
4632              (2)     The written notice must:
4633              (a)     State the name of the corporation that is the subject
4634      of the dissolution;
4635              (b)     State that the corporation is the subject of a
4636      dissolution and the effective date of the dissolution;
4637              (c)     Specify the information that must be included in a
4638      claim;
4639              (d)     State that a claim must be in writing and provide a
4640      mailing address where a claim may be sent;
4641              (e)     State the deadline, which may not be less than 120
4642      days after the date of the written notice is received by the
4643      claimant, by which the dissolved corporation must receive the
4644      claim;
4645              (f)     State that the claim will be barred if not received by
4646      the deadline;
4647              (g)     State that the dissolved corporation or successor
4648      entity may make distributions thereafter to other claimants and
4649      the members of the corporation or persons interested as having
4650      been such claimants without further notice; and

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          CS/HB 797                                                                                             2026




4651              (h)     Be accompanied by a copy of ss. 617.1405-617.14091.
4652              (3)     A dissolved corporation or successor entity may
4653      reject, in whole or in part, a claim submitted by a claimant and
4654      received before the deadline specified in the written notice
4655      pursuant to subsections (1) and (2) by mailing notice of the
4656      rejection to the claimant, on or before the date that is the
4657      earlier of 90 days after the dissolved corporation receives the
4658      claim, or the date that is at least 150 days before the date
4659      which is 3 years after the effective date of the dissolution. A
4660      rejection notice sent by the dissolved corporation pursuant to
4661      this subsection must state that the claim will be barred unless
4662      the claimant, not later than 120 days after the claimant
4663      receives the rejection notice, commences an action in the
4664      circuit court in the applicable county against the dissolved
4665      corporation to enforce the claim.
4666              (4)     A claim against a dissolved corporation is barred:
4667              (a)     If a claimant who is given written notice pursuant to
4668      this section does not deliver the claim to the dissolved
4669      corporation by the specified deadline; or
4670              (b)     If the claim was timely received by the dissolved
4671      corporation but was timely rejected by the dissolved corporation
4672      under subsection (3) and the claimant does not commence the
4673      required action in the applicable county within 120 days after
4674      the claimant receives the rejection notice.
4675              (5)(a)       For purposes of this chapter, "known claim" means

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          CS/HB 797                                                                                             2026




4676      any claim or liability that, as of the date of the giving of
4677      written notice described in subsections (1) and (2) above:
4678              1.      Has matured sufficiently on or before the date of
4679      dissolution to be legally capable of assertion against the
4680      dissolved corporation; or
4681              2.      Is unmatured as of the date of dissolution but will
4682      mature in the future solely because of the passage of time.
4683              (b)      For purposes of this chapter, "known claim" does not
4684      include a contingent liability or a claim based on an event
4685      occurring after the effective date of the dissolution.
4686              (6)      The giving of any notice pursuant to this section does
4687      not revive any claim then barred or constitute acknowledgment by
4688      the dissolved corporation that any person to whom such notice is
4689      sent is a proper claimant and does not operate as a waiver of
4690      any defense or counterclaim in respect of any claim asserted by
4691      any person to whom such notice is sent.
4692              Section 73.            Section 617.1409, Florida Statutes, is created
4693      to read:
4694              617.1409          Court proceedings.—
4695              (1)      A dissolved corporation that has filed a notice under
4696      s. 617.1407(1)(a) or published a notice under s. 617.1407(1)(b)
4697      may file an application with the circuit court in the applicable
4698      county for a determination of the amount and form of security to
4699      be provided for payment of claims that are not known claims as
4700      defined in s. 617.1408(5) but that, based on the facts known to

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          CS/HB 797                                                                                             2026




4701      the dissolved corporation, are reasonably estimated to arise
4702      after the effective date of dissolution. Provisions need not be
4703      made for any claim that is or is reasonably anticipated to be
4704      barred under s. 617.1407(2).
4705              (2)     Within 10 days after the filing of the application
4706      pursuant to subsection (1), notice of the proceeding must be
4707      given by the dissolved corporation to each claimant holding a
4708      claim whose identity and contingent claim is known to the
4709      dissolved corporation.
4710              (3)     In any proceeding under this section, the court may
4711      appoint a guardian ad litem to represent all claimants whose
4712      identities are unknown. The reasonable fees and expenses of such
4713      guardian ad litem, including all reasonable expert witness fees,
4714      must be paid by the dissolved corporation.
4715              (4)     Provisions by the dissolved corporation for security
4716      in the amount and the form ordered by the court under subsection
4717      (1) satisfies the dissolved corporation's obligations with
4718      respect to claims that are contingent, have not been made known
4719      to the dissolved corporation, or are based on an event occurring
4720      after the effective date of dissolution, and such claims may not
4721      be enforced against a person who received assets in liquidation.
4722              Section 74.           Section 617.14091, Florida Statutes, is
4723      created to read:
4724              617.14091         Limitation on director liability for a dissolved
4725      corporation; claims against dissolved corporation; enforcement.—

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          CS/HB 797                                                                                             2026




4726              (1)     Directors of a dissolved corporation or governing
4727      persons of a successor entity that has disposed of claims under
4728      s. 617.1407, s. 617.1408, or s. 617.1409 are not personally
4729      liable to the claimants of the dissolved corporation.
4730              (2)     For a claim that is not barred by s. 617.1407 or s.
4731      617.1408, or by any other law, limiting actions may be enforced:
4732              (a)     Against the dissolved corporation, to the extent of
4733      its undistributed assets; or
4734              (b)     Except as provided in s. 617.1409(4), if the assets
4735      have been distributed in liquidation, against a member of the
4736      dissolved corporation to the extent of the member's pro rata
4737      share of the claim or the corporate assets distributed to the
4738      member in liquidation, whichever is less, provided that the
4739      aggregate liability of any member of a dissolved corporation
4740      arising under s. 617.1408 or otherwise may not exceed the total
4741      amount distributed to the member in dissolution.
4742              Section 75.            Subsection (1) of section 617.1420, Florida
4743      Statutes, is amended, and subsections (3) and (4) are added to
4744      that section, to read:
4745              617.1420          Grounds for administrative dissolution.—
4746              (1)     The department of State may commence a proceeding
4747      under s. 617.1421 to administratively dissolve a corporation if:
4748              (a)     The corporation has failed to file its annual report
4749      and pay the annual report filing fee by 5 p.m. Eastern Time on
4750      the third Friday in September;

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          CS/HB 797                                                                                             2026




4751              (b)     The corporation is without a registered agent or
4752      registered office in this state for 30 days or more;
4753              (c)     The corporation does not notify the department of
4754      State within 30 days after its registered agent or registered
4755      office has been changed, after its registered agent has
4756      resigned, or after its registered office has been discontinued;
4757              (d)     The corporation has failed to answer truthfully and
4758      fully, within the time prescribed by this chapter act,
4759      interrogatories propounded by the department of State; or
4760              (e)     The corporation's period of duration stated in its
4761      articles of incorporation has expired.
4762              (3)     If the department determines that one or more grounds
4763      exist for administratively dissolving a corporation under
4764      paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), or
4765      paragraph (1)(d), the department shall serve notice in a record
4766      to the corporation of its intent to administratively dissolve
4767      the corporation. Issuance of the notice may be made by
4768      electronic transmission to a corporation that has provided the
4769      department with an e-mail address.
4770              (4)     If, within 60 days after sending the notice of intent
4771      to administratively dissolve pursuant to subsection (3), a
4772      corporation does not correct each ground for dissolution under
4773      paragraph (1)(a), paragraph (1)(b), paragraph (1)(c), or
4774      paragraph (1)(d), or demonstrate to the reasonable satisfaction
4775      of the department that each ground determined by the department

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          CS/HB 797                                                                                             2026




4776      does not exist, the department shall dissolve the corporation
4777      administratively and issue to the corporation a notice in a
4778      record of administrative dissolution that states the grounds for
4779      dissolution. Issuance of the notice of administrative
4780      dissolution may be made by electronic transmission to a
4781      corporation that has provided the department with an e-mail
4782      address.
4783              Section 76.            Subsections (1), (2), and (4) of section
4784      617.1421, Florida Statutes, are amended, and subsection (3) of
4785      that section is reenacted, to read:
4786              617.1421          Procedure for and effect of administrative
4787      dissolution.—
4788              (1)     If the department of State determines that one or more
4789      grounds exist under s. 617.1420 for administratively dissolving
4790      a corporation, it shall serve the corporation with notice of its
4791      intent under s. 617.0504(2) to administratively dissolve the
4792      corporation. If the corporation has provided the department with
4793      an e-mail electronic mail address, such notice shall be by
4794      electronic transmission. Administrative dissolution for failure
4795      to file an annual report shall occur on the fourth Friday in
4796      September of each year. The department of State shall issue a
4797      certificate of dissolution to each dissolved corporation.
4798      Issuance of the certificate of dissolution may be by electronic
4799      transmission to any corporation that has provided the department
4800      with an e-mail electronic mail address.

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          CS/HB 797                                                                                             2026




4801              (2)     If the corporation does not correct each ground for
4802      dissolution under s. 617.1420(1)(b), (c), (d), or (e) or
4803      demonstrate to the reasonable satisfaction of the department of
4804      State that each ground determined by the department does not
4805      exist within 60 days after issuance of the notice, the
4806      department shall administratively dissolve the corporation by
4807      issuing a certificate of dissolution that recites the ground or
4808      grounds for dissolution and its effective date. Issuance of the
4809      certificate of dissolution may be by electronic transmission to
4810      any corporation that has provided the department with an e-mail
4811      electronic mail address.
4812              (3)     A corporation administratively dissolved continues its
4813      corporate existence but may not conduct any affairs except that
4814      necessary to wind up and liquidate its affairs under s. 617.1405
4815      and adopt a plan of distribution of assets pursuant to s.
4816      617.1406.
4817              (4)     A director, officer, or agent of a corporation
4818      dissolved pursuant to this section, purporting to act on behalf
4819      of the corporation, is not personally liable for the debts,
4820      obligations, and liabilities of the corporation arising from
4821      such action and incurred subsequent to the corporation's
4822      administrative dissolution unless that officer, director, or
4823      agent only if he or she has actual notice of the administrative
4824      dissolution at the time such action is taken. Any; but such
4825      liability shall be terminated upon the ratification of such

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          CS/HB 797                                                                                             2026




4826      action by the corporation's board of directors or members
4827      subsequent to the reinstatement of the corporation.
4828              Section 77.            Section 617.1430, Florida Statutes, is amended
4829      to read:
4830              617.1430          Grounds for judicial dissolution.—A circuit court
4831      may dissolve a corporation or order such other remedy as
4832      provided in s. 617.1432 or s. 617.1434:
4833              (1)(a)       In a proceeding by the Department of Legal Affairs
4834      if it is established that:
4835              1.      The corporation obtained its articles of incorporation
4836      through fraud; or
4837              2.      The corporation has exceeded or abused, or is
4838      continuing to exceed or abuse continued to exceed or abuse the
4839      authority conferred upon it by law.
4840              (b)     The enumeration in paragraph (a) of grounds for
4841      judicial dissolution does not exclude actions or special
4842      proceedings by the Department of Legal Affairs or any state
4843      official for the annulment or dissolution of a corporation for
4844      other causes as provided by law.
4845              (2)     In a proceeding brought by at least 50 members or
4846      members holding at least 10 percent of the voting power,
4847      whichever is less, or by a member or group or percentage of
4848      members as otherwise provided in the articles of incorporation
4849      or bylaws, or by a director or any person authorized in the
4850      articles of incorporation, if it is established that:

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          CS/HB 797                                                                                             2026




4851              (a)     The directors are deadlocked in the management of the
4852      corporate affairs, the members are unable to break the deadlock,
4853      and irreparable injury to the corporation or its mission is
4854      threatened or being suffered because of the deadlock;
4855              (b)     The members are deadlocked in voting power and have
4856      failed, for a period that includes at least two consecutive
4857      annual meeting dates, to elect successors to directors whose
4858      terms have expired or would have expired upon qualification of
4859      their successors; or
4860              (c)     The corporate assets are being misapplied or wasted;
4861              (d)     The directors or those in control of the corporation
4862      have acted, are acting, or are reasonably expected to act in a
4863      manner that is illegal or fraudulent; or
4864              (e)     The corporation has insufficient assets to continue
4865      its activities and is no longer able to assemble a quorum of
4866      directors or members.
4867              (3)     In a proceeding by a creditor if it is established
4868      that:
4869              (a)     The creditor's claim has been reduced to judgment, the
4870      execution on the judgment returned unsatisfied, and the
4871      corporation is insolvent; or
4872              (b)     The corporation has admitted in writing that the
4873      creditor's claim is due and owing and the corporation is
4874      insolvent.
4875              (4)     In a proceeding by the corporation to have its

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          CS/HB 797                                                                                             2026




4876      voluntary dissolution continued under court supervision.
4877              Section 78.            Section 617.1431, Florida Statutes, is amended
4878      to read:
4879              617.1431          Procedure for judicial dissolution.—
4880              (1)     Venue for a proceeding brought under s. 617.1430 lies
4881      in the circuit court of the applicable county where the
4882      corporation's principal office is or was last located, as shown
4883      by the records of the Department of State, or, if none in this
4884      state, where its registered office is or was last located.
4885              (2)     It is not necessary to make members or directors
4886      parties to a proceeding to dissolve a corporation unless relief
4887      is sought against them individually.
4888              (3)     A court in a proceeding brought to dissolve a
4889      corporation may issue injunctions, appoint a receiver or
4890      custodian during the proceeding pendente lite with all powers
4891      and duties the court directs, take other action required to
4892      preserve the corporate assets wherever located, and carry on the
4893      affairs of the corporation until a full hearing can be held.
4894              (4)     If the court determines that any party has commenced,
4895      continued, or participated in a proceeding under s. 617.1430,
4896      and has acted arbitrarily, frivolously, vexatiously, or in bad
4897      faith, the court may award reasonable attorney fees and costs to
4898      the other parties to the proceeding who have been affected
4899      adversely by such actions.
4900              Section 79.            Subsections (1) through (5) of section

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          CS/HB 797                                                                                             2026




4901      617.1432, Florida Statutes, are amended to read:
4902              617.1432          Receivership or custodianship.—
4903              (1)     A court in a judicial proceeding brought under s.
4904      617.1430 to dissolve a corporation may appoint one or more
4905      receivers to wind up and liquidate, or one or more custodians to
4906      manage, the affairs of the corporation, except as otherwise
4907      provided herein. The court shall hold a hearing, after notifying
4908      all parties to the proceeding and any interested persons
4909      designated by the court, before appointing a receiver or
4910      custodian. The court appointing a receiver or custodian has
4911      exclusive jurisdiction over the corporation and all of its
4912      property wherever located. A court may not appoint a custodian
4913      or a receiver in a judicial proceeding brought under s.
4914      617.1430(2)(a) or s. 617.1430(2)(b) if the members, directors,
4915      or any person authorized in the articles of incorporation, by
4916      agreement or otherwise, or a court pursuant to s. 617.1435, have
4917      provided for the appointment of a provisional director or other
4918      means for the resolution of the deadlock, but the court may
4919      enforce the remedy so provided, if appropriate.
4920              (2)     The court may appoint a natural person or an eligible
4921      entity a corporation authorized to act as a receiver or
4922      custodian. The eligible entity corporation may be a domestic
4923      corporation or a foreign eligible entity corporation authorized
4924      to transact business in this state. The court may require the
4925      receiver or custodian to post bond, with or without sureties, in

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          CS/HB 797                                                                                             2026




4926      an amount the court directs.
4927              (3)      The court shall describe the powers and duties of the
4928      receiver or custodian in its appointing order, which may be
4929      amended from time to time. Among other powers:
4930              (a)      The receiver:
4931              1.      May dispose of all or any part of the assets of the
4932      corporation wherever located, at a public or private sale, if
4933      authorized by the court; and
4934              2.      May sue and defend in the receiver's his or her own
4935      name as receiver of the corporation in all courts of this state.
4936              (b)      The custodian may exercise all of the powers of the
4937      corporation, through or in place of its board of directors or
4938      officers, to the extent necessary to manage the affairs of the
4939      corporation in the best interests of its members and creditors.
4940              (4)      The court during a receivership may redesignate the
4941      receiver to act as a custodian, and during a custodianship may
4942      redesignate the custodian to act as a receiver, if doing so is
4943      consistent with the mission of the corporation and in the best
4944      interests of the corporation, and its members, if any, and
4945      creditors. The court may amend the order designating the
4946      receiver as custodian and custodian as receiver as the court
4947      deems appropriate.
4948              (5)      The court from time to time during the receivership or
4949      custodianship may order compensation paid and expense
4950      disbursements or reimbursements made to the receiver or

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          CS/HB 797                                                                                             2026




4951      custodian and his or her counsel for the receiver or custodian
4952      from the assets of the corporation or proceeds from the sale of
4953      the assets.
4954              Section 80.            Section 617.1433, Florida Statutes, is amended
4955      to read:
4956              617.1433          Judgment of dissolution.—
4957              (1)     If after a hearing in a proceeding under s. 617.1430
4958      the court determines that one or more grounds for judicial
4959      dissolution described in s. 617.1430 exist, it may enter a
4960      judgment dissolving the corporation and specifying the effective
4961      date of the dissolution, and the clerk of the court shall
4962      deliver a certified copy of the judgment to the department of
4963      State, which shall file it.
4964              (2)     After entering the judgment of dissolution, the court
4965      shall direct or oversee the winding up and liquidation of the
4966      corporation's affairs in accordance with ss. 617.1405 and
4967      617.1406, and the notification of claimants in accordance with
4968      ss. 617.1407 and 617.1408, subject to the provisions of
4969      subsection (3).
4970              (3)     In a proceeding for judicial dissolution, the court
4971      may require all creditors of the corporation to file with the
4972      clerk of the court or with the receiver, in such form as the
4973      court may prescribe, proofs under oath of their respective
4974      claims. If the court requires the filing of claims, it shall fix
4975      a date, which shall be not less than 4 months after the date of

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          CS/HB 797                                                                                             2026




4976      the order, as the last day for filing of claims. The court shall
4977      prescribe the method by which such notice for the deadline for
4978      filing claims that shall be given to creditors and claimants.
4979      Before Prior to the fixed date so fixed, the court may extend
4980      the time for the filing of claims by court order. Creditors and
4981      claimants failing to file proofs of claim on or before the fixed
4982      date so fixed may be barred, by order of court, from
4983      participating in the distribution of the assets of the
4984      corporation. Nothing in This section does not affect affects the
4985      enforceability of any recorded mortgage or lien or the perfected
4986      security interest or rights of a person in possession of real or
4987      personal property.
4988              Section 81.            Section 617.1434, Florida Statutes, is created
4989      to read:
4990              617.1434          Alternative remedies to judicial dissolution.—
4991              (1)     In a proceeding under s. 617.1430, the court may, as
4992      an alternative to directing the dissolution of the corporation
4993      and upon a showing of sufficient merit to warrant such remedy:
4994              (a)     Appoint a receiver or a custodian during the
4995      proceeding as provided in s. 617.1432;
4996              (b)     Appoint a provisional director as provided in s.
4997      617.1435; or
4998              (c)     Make any order or grant any equitable relief other
4999      than dissolution as in its discretion it may deem appropriate.
5000              (2)     Alternative remedies, such as the appointment of a

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          CS/HB 797                                                                                             2026




5001      receiver or custodian, may also be ordered upon a showing of
5002      sufficient merit to warrant such remedy, in advance of directing
5003      the dissolution of the corporation or, after a judgment of
5004      dissolution is entered, to assist in facilitating the winding up
5005      of the corporation.
5006              Section 82.            Section 617.1435, Florida Statutes, is created
5007      to read:
5008              617.1435          Provisional director.—
5009              (1)(a)       In a proceeding under s. 617.1430(2), the court may
5010      appoint a provisional director if it appears that such
5011      appointment will remedy the grounds alleged by the complaining
5012      members or director to support the jurisdiction of the court
5013      under s. 617.1430. A provisional director may be appointed
5014      notwithstanding the absence of a vacancy on the board of
5015      directors, and such director has all the rights and powers of a
5016      duly elected director, including the right to notice of and to
5017      vote at meetings of directors.
5018              (b)     A provisional director retains the rights described in
5019      paragraph (a) until such time as the provisional director is
5020      removed by order of the court or, unless otherwise ordered by a
5021      court, removed by a vote of the members or directors sufficient
5022      either to elect a majority of the board of directors or, if
5023      greater than majority voting is required by the articles of
5024      incorporation or the bylaws, to elect the requisite number of
5025      directors needed to take action. A provisional director shall be

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          CS/HB 797                                                                                             2026




5026      an impartial person who is neither a member nor a creditor of
5027      the corporation or of any subsidiary or affiliate of the
5028      corporation, and whose further qualifications, if any, may be
5029      determined by the court.
5030              (2)     The provisional director shall report to the court as
5031      ordered by the court concerning the matter complained of, or the
5032      status of the deadlock, if any, and of the status of the
5033      corporation's affairs, as the court shall direct. A provisional
5034      director is not liable for any action taken or decision made,
5035      except as directors may be liable under s. 617.0831. In
5036      addition, the provisional director must submit to the court, if
5037      so directed, recommendations as to the appropriate disposition
5038      of the action. Whenever a provisional director is appointed, any
5039      officer or director of the corporation may petition the court
5040      for instructions clarifying the duties and responsibilities of
5041      such officer or director.
5042              (3)     In any proceeding under which a provisional director
5043      is appointed pursuant to this section, the court must allow
5044      reasonable compensation to the provisional director for services
5045      rendered and reimbursement or direct payment of reasonable costs
5046      and expenses, which amounts shall be paid by the corporation.
5047              Section 83.            Section 617.1440, Florida Statutes, is amended
5048      to read:
5049              617.1440          Deposit with Department of Financial Services.—
5050      Unless otherwise provided in ss. 617.1407-617.1409, assets of a

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          CS/HB 797                                                                                             2026




5051      dissolved corporation that should be transferred to a creditor,
5052      claimant, member of the corporation, or other person who cannot
5053      be found or who is not competent to receive them must shall be
5054      deposited, or reduced to cash and deposited, as appropriate,
5055      within 6 months after the date fixed for the payment of the
5056      final liquidating distribution, with the Department of Financial
5057      Services for safekeeping, where such assets shall be held as
5058      abandoned property. When the creditor, claimant, member, or
5059      other person furnishes satisfactory proof of entitlement to the
5060      amount or assets deposited, the Department of Financial Services
5061      shall pay the creditor, claimant, member, or other person, or
5062      their him or her or his or her representative for that creditor,
5063      claimant, member or other person, that amount or those assets.
5064              Section 84.           Section 617.15015, Florida Statutes, is
5065      created to read:
5066              617.15015         Foreign corporation governing law.—
5067              (1)     The laws of this state or other jurisdiction under
5068      which a foreign corporation exists govern:
5069              (a)     The organization and internal affairs of the foreign
5070      corporation; and
5071              (b)     The interest holder liability of its members.
5072              (2)     A foreign corporation may not be denied a certificate
5073      of authority by reason of a difference between the laws of its
5074      jurisdiction of formation and the laws of this state.
5075              (3)     A certificate of authority does not authorize a

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          CS/HB 797                                                                                             2026




5076      foreign corporation to engage in any business or exercise any
5077      power that a corporation may not engage in or exercise in this
5078      state.
5079              Section 85.            Subsection (4) of section 617.1502, Florida
5080      Statutes, is amended, and subsections (6), (7), and (8) are
5081      added to that section, to read:
5082              617.1502          Consequences of conducting affairs without
5083      authority.—
5084              (4)     A foreign corporation which conducts its affairs in
5085      this state without authority to do so is shall be liable to this
5086      state for the years or parts thereof during which it conducted
5087      its affairs in this state without authority in an amount equal
5088      to all fees and taxes which would have been imposed by this
5089      chapter act upon such corporation had it duly applied for and
5090      received authority to conduct its affairs in this state as
5091      required by this chapter act. In addition to the payments thus
5092      prescribed in this subsection, such corporation is shall be
5093      liable for a civil penalty of not less than $500 or more than
5094      $1,000 for each year or part thereof during which it conducts
5095      its affairs in this state without a certificate of authority.
5096      The department of State may collect all penalties due under this
5097      subsection.
5098              (6)     A member, an officer, or a director of a foreign
5099      corporation is not liable for the debts, obligations, or other
5100      liabilities of the foreign corporation solely because the

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          CS/HB 797                                                                                             2026




5101      foreign corporation transacted business in this state without a
5102      certificate of authority.
5103              (7)     Section 617.15015(1) applies even if a foreign
5104      corporation fails to have a certificate of authority to transact
5105      business in this state.
5106              (8)     If a foreign corporation transacts business in this
5107      state without a certificate of authority or cancels its
5108      certificate of authority, it appoints the Secretary of State as
5109      its agent for service of process in proceedings and actions
5110      arising out of the transaction of business in this state.
5111              Section 86.            Subsections (1) and (3) of section 617.1503,
5112      Florida Statutes, are amended to read:
5113              617.1503          Application for certificate of authority.—
5114              (1)     A foreign corporation may apply for a certificate of
5115      authority to conduct its affairs in this state by delivering an
5116      application to the department of State for filing. Such
5117      application must shall be made on forms prescribed and furnished
5118      by the department of State and must shall set forth:
5119              (a)     The name of the foreign corporation or, if its name is
5120      unavailable for use in this state, a corporate name that
5121      satisfies the requirements of s. 617.1506;
5122              (b)     The jurisdiction under the law of which it is
5123      incorporated;
5124              (c)     Its date of incorporation and period of duration;
5125              (d)     The purpose or purposes which it intends to pursue in

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          CS/HB 797                                                                                             2026




5126      this state and a statement that it is authorized to pursue such
5127      purpose or purposes in the jurisdiction of its incorporation;
5128              (e)     The street address of its principal office;
5129              (f)     The address of its registered office in this state and
5130      the name of its registered agent at that office;
5131              (g)     The names and usual business addresses of its current
5132      directors and officers; and
5133              (h)     Such additional information as may be necessary or
5134      appropriate in order to enable the department of State to
5135      determine whether such corporation is entitled to file an
5136      application for authority to conduct its affairs in this state
5137      and to determine and assess the fees and taxes payable as
5138      prescribed in this chapter act.
5139              (3)     A foreign corporation may not be denied authority to
5140      conduct its affairs in this state by reason of the fact that the
5141      laws of the jurisdiction under which such corporation is
5142      organized governing its organization and internal affairs differ
5143      from the laws of this state.
5144              Section 87.            Section 617.1504, Florida Statutes, is amended
5145      to read:
5146              617.1504          Amended certificate of authority.—
5147              (1)     A foreign corporation authorized to conduct its
5148      affairs in this state shall make application to the department
5149      of State to obtain an amended certificate of authority if it
5150      changes:

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          CS/HB 797                                                                                             2026




5151              (a)     Its corporate name;
5152              (b)     The period of its duration;
5153              (c)     The purpose or purposes which it intends to pursue in
5154      this state; or
5155              (d)     The jurisdiction of its incorporation; or
5156              (e)     The name and street address in this state of the
5157      foreign corporation's registered agent in this state, unless the
5158      change was timely made in accordance with s. 617.1508.
5159              (2)     Such application must shall be made within 90 days
5160      after the occurrence of any change mentioned in subsection (1),
5161      shall be made on forms prescribed by the department, and must
5162      shall be executed and filed in the same manner as an original
5163      application for authority, and must shall set forth:
5164              (a)     The name of the foreign corporation as it appears on
5165      the department's records;
5166              (b)     The jurisdiction of its incorporation;
5167              (c)     The date it was authorized to conduct its affairs in
5168      this state;
5169              (d)     If the name of the foreign corporation has changed,
5170      the name relinquished, the new name, a statement that the change
5171      of name has been effected under the laws of the jurisdiction of
5172      its incorporation, and the date the change was effected;
5173              (e)     If the period of duration has changed, a statement of
5174      such change and the date the change was effected;
5175              (f)     If the jurisdiction of incorporation has changed, a

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          CS/HB 797                                                                                             2026




5176      statement of such change and the date the change was effected;
5177      and
5178              (g)     If the purposes that the foreign corporation intends
5179      to pursue in this state have changed, a statement of such new
5180      purposes, and a further statement that the foreign corporation
5181      is authorized to pursue such purposes in the jurisdiction of its
5182      incorporation.
5183              (3)     The requirements of s. 617.1503 for obtaining an
5184      original certificate of authority apply to obtaining an amended
5185      certificate under this section unless the official having
5186      custody of the foreign corporation's publicly filed records in
5187      its jurisdiction of incorporation did not require an amendment
5188      to effectuate the change on its records.
5189              (4)     Subject to subsection (3), a foreign corporation
5190      authorized to transact business in this state may make an
5191      application to the department to obtain an amended certificate
5192      of authority to add, remove, or change the name, title,
5193      capacity, or address of an officer or director of the foreign
5194      corporation.
5195              Section 88.            Section 617.1505, Florida Statutes, is amended
5196      to read:
5197              617.1505          Effect of certificate of authority.—
5198              (1)     Unless the department determines that an application
5199      for a certificate of authority does not comply with the filing
5200      requirements of this chapter, upon payment of all filing fees, a

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          CS/HB 797                                                                                             2026




5201      certificate of authority authorizes the foreign corporation to
5202      which it is issued to conduct its affairs in this state subject,
5203      however, to the right of the department of State to suspend or
5204      revoke the certificate as provided in this chapter act.
5205              (2)     A foreign corporation with a valid certificate of
5206      authority has the same but no greater rights and has the same
5207      but no greater privileges as, and except as otherwise provided
5208      by this chapter act is subject to the same duties, restrictions,
5209      penalties, and liabilities now or later imposed on, a domestic
5210      corporation of like character.
5211              (3)     This act does not authorize this state to regulate the
5212      organization or internal affairs of a foreign corporation
5213      authorized to conduct its affairs in this state.
5214              Section 89.            Section 617.1506, Florida Statutes, is amended
5215      to read:
5216              617.1506          Corporate name of foreign corporation.—
5217              (1)     A foreign corporation whose name is unavailable under
5218      or whose name does not otherwise comply with s. 617.0401 must
5219      use an alternate name that complies with s. 617.0401 to transact
5220      business in this state. An alternate name adopted for use in
5221      this state must be cross-referenced to the actual name of the
5222      foreign corporation in the records of the Division of
5223      Corporations, provided that no cross-reference is required if
5224      the alternate name involves no more than adding the suffix
5225      "corporation" or "incorporated" or the abbreviation "Corp.," or

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          CS/HB 797                                                                                             2026




5226      "Inc.," or the designation "Corp" or "Inc" to the name; provided
5227      that the name of a foreign corporation may not contain the word
5228      "company" or the abbreviation "co." If the actual name of the
5229      foreign corporation subsequently becomes available in this state
5230      and the foreign corporation elects to operate in this state
5231      under its actual name, or the foreign corporation chooses to
5232      change its alternate name, a record approving the election or
5233      change, as the case may be, by its board of directors or by its
5234      members if such members are entitled to vote on such a record,
5235      and signed as required pursuant to s. 617.01201, must be
5236      delivered to the department for filing may not file an
5237      application for a certificate of authority unless the corporate
5238      name of such corporation satisfies the requirements of s.
5239      617.0401. To obtain or maintain a certificate of authority to
5240      transact business in this state, the foreign corporation:
5241              (a)     May add the word "corporation" or "incorporated" or
5242      the abbreviation "corp." or "inc." or words of like import,
5243      which clearly indicate that it is a corporation instead of a
5244      natural person or partnership or other business entity; however,
5245      the name of a foreign corporation may not contain the word
5246      "company" or the abbreviation "co."; or
5247              (b)     May use an alternate name to transact business in this
5248      state if its real name is unavailable. Any alternate corporate
5249      name adopted for use in this state must be cross-referenced to
5250      the real corporate name in the records of the Division of

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          CS/HB 797                                                                                             2026




5251      Corporations. If the real corporate name of the corporation
5252      becomes available in this state or if the corporation chooses to
5253      change its alternate name, a copy of the resolution of its board
5254      of directors, changing or withdrawing the alternate name and
5255      executed as required by s. 617.01201, must be delivered for
5256      filing.
5257              (2)     The corporate name, including the alternate name, of a
5258      foreign corporation must be distinguishable, within the records
5259      of the Division of Corporations, from:
5260              (a)     Any corporate name of a corporation for profit
5261      incorporated or authorized to transact business in this state.
5262              (b)     The alternate name of another foreign corporation
5263      authorized to transact business in this state.
5264              (c)     The corporate name of a nonprofit not-for-profit
5265      corporation incorporated or authorized to transact business in
5266      this state.
5267              (d)     The names of all other entities or filings, except
5268      fictitious name registrations pursuant to s. 865.09, organized,
5269      or registered under the laws of this state, that are on file
5270      with the Division of Corporations.
5271              (3)     A foreign corporation that adopts an alternate name
5272      under subsection (1) and obtains a certificate of authority with
5273      the alternate name need not comply with s. 865.09 with respect
5274      to the alternate name.
5275              (4)     So long as a foreign corporation maintains a

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          CS/HB 797                                                                                             2026




5276      certificate of authority with an alternate name, it may transact
5277      business in this state under the alternate name unless the
5278      foreign corporation is authorized under s. 865.09 to transact
5279      business in this state under another name.
5280              (5)     If a foreign corporation authorized to transact
5281      business in this state changes its corporate name to one that
5282      does not satisfy the requirements of s. 617.0401, such
5283      corporation may not transact business in this state under the
5284      changed name until the corporation adopts a name satisfying the
5285      requirements of s. 617.0401 and obtains an amended certificate
5286      of authority under s. 617.1504.
5287              (6)     Notwithstanding this section, a foreign corporation
5288      may register under a name that is not otherwise distinguishable
5289      on the records of another entity registered with the department
5290      if:
5291              (a)     The other entity consents to the use and submits an
5292      undertaking in a form satisfactory to the Secretary of State to
5293      change its name to a name that is distinguishable upon the
5294      records of the department from the name of the applying
5295      corporation; or
5296              (b)     The applicant delivers to the department a certified
5297      copy of a final judgment of a court of competent jurisdiction
5298      establishing the applicant's right to use the name applied for
5299      in the state.
5300              Section 90.           Subsections (2) and (3) of section 617.1507,

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          CS/HB 797                                                                                             2026




5301      Florida Statutes, are amended, and subsection (4), (5), and (6)
5302      are added to that section, to read:
5303              617.1507          Registered office and registered agent of foreign
5304      corporation.—
5305              (2)     Each initial A registered agent, and each appointed
5306      pursuant to this section or a successor registered agent
5307      appointed pursuant to s. 617.1508 on whom process may be served
5308      shall each file a statement in writing with the department of
5309      State, in the such form and manner as shall be prescribed by the
5310      department, accepting the appointment as a registered agent
5311      while simultaneously with his or her being designated as the
5312      registered agent. Such statement of acceptance shall state that
5313      the registered agent is familiar with, and accepts, the
5314      obligations of that position.
5315              (3)     The duties of a registered agent are:
5316              (a)     To forward to the foreign corporation at the address
5317      most recently supplied to the registered agent by the foreign
5318      corporation, a process, notice, or demand pertaining to the
5319      foreign corporation which is served on or received by the
5320      registered agent; and
5321              (b)     If the registered agent resigns, to provide the
5322      statement required under s. 617.1509 to the foreign corporation
5323      at the address most recently supplied to the registered agent by
5324      the foreign corporation For purposes of this section,
5325      "authorized entity" means:

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          CS/HB 797                                                                                             2026




5326              (a)     A corporation for profit;
5327              (b)     A limited liability company;
5328              (c)     A limited liability partnership; or
5329              (d)     A limited partnership, including a limited liability
5330      limited partnership.
5331              (4)     The department shall maintain an accurate record of
5332      the registered agents and registered offices for service of
5333      process and promptly furnish any information disclosed thereby
5334      upon request and payment of the required fee.
5335              (5)     A foreign corporation may not prosecute or maintain
5336      any action in a court in this state until the foreign
5337      corporation complies with this section, pays to the department
5338      the amounts required by this chapter, and, to the extent ordered
5339      by a court of competent jurisdiction, pays to the department a
5340      penalty of $5 for each day it has failed to so comply, or $500,
5341      whichever is less.
5342              (6)     A court may stay a proceeding commenced by a foreign
5343      corporation until the corporation complies with this section.
5344              Section 91.            Section 617.1508, Florida Statutes, is amended
5345      to read:
5346              617.1508          Change of registered office and registered agent
5347      of foreign corporation.—
5348              (1)     A foreign corporation authorized to conduct its
5349      affairs in this state may change its registered office or
5350      registered agent by delivering to the department of State for

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          CS/HB 797                                                                                             2026




5351      filing a statement of change that sets forth:
5352              (a)     Its name;
5353              (b)     The street address of its current registered office;
5354              (c)     If the current registered office is to be changed, the
5355      street address of its new registered office;
5356              (d)     The name of its current registered agent; and
5357              (e)     If the current registered agent is to be changed, the
5358      name of its new registered agent and the new agent's written
5359      consent described in s. 617.1507(3), (either on the statement or
5360      attached to it,) to the appointment;
5361              (f)     That, after the change or changes are made, the street
5362      address of its registered office and the business office of its
5363      registered agent will be identical; and
5364              (g)     That any such change was authorized by resolution duly
5365      adopted by its board of directors or by an officer of the
5366      corporation so authorized by the board of directors.
5367              (2)     A statement of change is effective when filed by the
5368      department.
5369              (3)     If a registered agent changes the name or street
5370      address of the registered agent's his or her business office,
5371      they he or she may change the name or street address of the
5372      registered office of any foreign corporation for which they are
5373      he or she is the registered agent by notifying the corporation
5374      in writing of the change and signing, (either manually or in
5375      facsimile,) and delivering to the department of State for filing

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          CS/HB 797                                                                                             2026




5376      a statement of change that complies with the requirements of
5377      paragraphs (1)(a)-(e) (1)(a)-(f) and recites that the
5378      corporation has been notified of the change.
5379              (4)     The changes described in this section may also be made
5380      on the foreign corporation's annual report or in an application
5381      for reinstatement filed with the department under s. 617.1422.
5382              Section 92.            Section 617.1509, Florida Statutes, is amended
5383      to read:
5384              617.1509          Resignation of registered agent of foreign
5385      corporation.—
5386              (1)     The registered agent of a foreign corporation may
5387      resign as agent his or her agency appointment by signing and
5388      delivering to the department of State for filing a statement of
5389      resignation and mailing a copy of such statement to the
5390      corporation at the corporation's principal office address shown
5391      in its most recent annual report or, if none, shown in its
5392      application for a certificate of authority or other most
5393      recently filed document. After delivering the statement of
5394      resignation to the department for filing, the registered agent
5395      must promptly mail a copy to the foreign corporation at its
5396      current mailing address The statement of resignation must state
5397      that a copy of such statement has been mailed to the corporation
5398      at the address so stated. The statement of resignation may
5399      include a statement that the registered office is also
5400      discontinued.

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          CS/HB 797                                                                                             2026




5401              (2)     A registered agent is terminated upon the earlier of:
5402              (a)     The 31st day after the department files the statement
5403      of resignation; or
5404              (b)     When a statement of change or other record designating
5405      a new registered agent is filed with the department The agency
5406      appointment is terminated as of the 31st day after the date on
5407      which the statement was filed and, unless otherwise provided in
5408      the statement, termination of the agency acts as a termination
5409      of the registered office.
5410              (3)     When a statement of resignation takes effect, the
5411      registered agent ceases to have responsibility for a matter
5412      thereafter tendered to them as agent for the foreign
5413      corporation. The resignation does not affect contractual rights
5414      that the foreign corporation has against the agent or that the
5415      agent has against the foreign corporation.
5416              (4)     A registered agent may resign from a foreign
5417      corporation regardless of whether the foreign corporation has
5418      active status.
5419              Section 93.           Section 617.15091, Florida Statutes, is
5420      created to read:
5421              617.15091         Delivery of notice or other communication.—
5422              (1)     Except as otherwise provided in this chapter,
5423      permissible means of delivery of a notice or other communication
5424      includes delivery by hand, the United States Postal Service, a
5425      commercial delivery service, and electronic transmission, all as

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          CS/HB 797                                                                                             2026




5426      more particularly described in s. 617.0141.
5427              (2)     Except as provided in subsection (3), delivery to the
5428      department is effective only when a notice or other
5429      communication is received by the department.
5430              (3)     If a check is mailed to the department for payment of
5431      an annual report fee, the check is deemed to have been received
5432      by the department as of the postmark date appearing on the
5433      envelope or package transmitting the check if the envelope or
5434      the package is received by the department.
5435              Section 94.            Section 617.1520, Florida Statutes, is amended
5436      to read:
5437              (Substantial rewording of section.
5438              See s. 617.1520, F.S., for present text.)
5439              617.1520          Withdrawal and cancellation of certificate of
5440      authority for foreign corporation.—
5441              (1)     To cancel its certificate of authority to conduct
5442      affairs in this state, a foreign corporation must deliver to the
5443      department for filing a notice of withdrawal of certificate of
5444      authority. The certificate of authority is canceled when the
5445      notice of withdrawal becomes effective pursuant to s. 617.0123.
5446      The notice of withdrawal of certificate of authority must be
5447      signed by an officer or a director and state all of the
5448      following:
5449              (a)     The name of the foreign corporation as it appears on
5450      the records with the department.

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          CS/HB 797                                                                                             2026




5451              (b)     The name of the foreign corporation's jurisdiction of
5452      incorporation.
5453              (c)     The date the foreign corporation was authorized to
5454      conduct affairs in this state.
5455              (d)     That the foreign corporation is withdrawing its
5456      certificate of authority in this state.
5457              (e)     That the foreign corporation revokes the authority of
5458      its registered agent to accept service on its behalf and
5459      appoints the Secretary of State as its agent for service of
5460      process based on a cause of action arising during the time it
5461      was authorized to conduct its affairs in this state.
5462              (f)     A mailing address and an e-mail address to which a
5463      party seeking to effectuate service of process may send a copy
5464      of any process served on the Secretary of State under paragraph
5465      (e).
5466              (g)     A commitment to notify the department in the future of
5467      any change in its mailing address or e-mail address.
5468              (2)     After the withdrawal of the foreign corporation is
5469      effective, service of process is on the Secretary of State using
5470      the procedures in s. 48.161 for service on the foreign
5471      corporation.
5472              Section 95.            Section 617.1521, Florida Statutes, is created
5473      to read:
5474              617.1521          Withdrawal of certificate of authority deemed on
5475      conversion to domestic filing entity.—A foreign corporation

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          CS/HB 797                                                                                             2026




5476      authorized to conduct affairs in this state that converts to a
5477      domestic corporation or another domestic eligible entity that is
5478      organized, incorporated, registered, or otherwise formed through
5479      the delivery of a record to the department for filing is deemed
5480      to have withdrawn its certificate of authority on the effective
5481      date of the conversion.
5482              Section 96.            Section 617.1522, Florida Statutes, is created
5483      to read:
5484              617.1522          Withdrawal on dissolution, merger, or conversion
5485      to certain non-filing entities.—
5486              (1)     A foreign corporation that is authorized to conduct
5487      affairs in this state that has dissolved and completed winding
5488      up, has merged into a foreign eligible entity that is not
5489      authorized to conduct affairs in this state, or has converted to
5490      a domestic or foreign eligible entity that is not organized,
5491      incorporated, registered, or otherwise formed through the public
5492      filing of a record, must deliver a notice of withdrawal of
5493      certificate of authority to the department for filing in
5494      accordance with s. 617.1520.
5495              (2)     After a withdrawal under this section of a foreign
5496      corporation that has converted to another type of entity is
5497      effective, service of process in any action or proceeding based
5498      on a cause of action arising during the time the foreign
5499      corporation was authorized to conduct affairs in this state may
5500      be made pursuant to s. 617.1510.

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          CS/HB 797                                                                                             2026




5501              Section 97.            Section 617.1523, Florida Statutes, is created
5502      to read:
5503              617.1523          Action against foreign corporation by Department
5504      of Legal Affairs.—The Department of Legal Affairs may maintain
5505      an action to enjoin a foreign corporation from conducting
5506      affairs in this state in violation of this chapter.
5507              Section 98.            Section 617.1530, Florida Statutes, is amended
5508      to read:
5509              617.1530          Grounds for Revocation of certificate of
5510      authority to transact business.—
5511              (1)     A conduct affairs.—The Department of State may
5512      commence a proceeding under s. 617.1531 to revoke the
5513      certificate of authority of a foreign corporation to transact
5514      business authorized to conduct its affairs in this state may be
5515      revoked by the department if:
5516              (a)(1)       The foreign corporation does not deliver has failed
5517      to file its annual report to with the department of State by 5
5518      p.m. Eastern Time on the third Friday in September of each
5519      year;.
5520              (b)(2)       The foreign corporation does not pay a fee or
5521      penalty due to, within the department under time required by
5522      this chapter; act, any fees, taxes, or penalties imposed by this
5523      act or other law.
5524              (c)(3)       The foreign corporation does not appoint and
5525      maintain is without a registered agent as required by s.

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          CS/HB 797                                                                                             2026




5526      617.1507; or registered office in this state for 30 days or
5527      more.
5528              (4)      The foreign corporation does not notify the Department
5529      of State under s. 617.1508 or s. 617.1509 that its registered
5530      agent has resigned or that its registered office has been
5531      discontinued within 30 days after the date of such resignation
5532      or discontinuance.
5533              (d)(5)       The foreign corporation does not deliver for filing
5534      a statement of a change under s. 617.1508 within 30 days after
5535      the change in the name or address of the agent has occurred,
5536      unless, within 30 days after the change occurred, either:
5537              1.      The registered agent files a statement of change under
5538      s. 617.1508; or
5539              2.      The change was made in accordance with s. 617.1508(4)
5540      or s. 617.1504(1)(e);
5541              (e)      The foreign corporation has failed to amend its
5542      certificate of authority to reflect a change in its name on the
5543      records of the department or its jurisdiction of incorporation;
5544              (f)      The foreign corporation's period of duration stated in
5545      its articles of incorporation has expired;
5546              (g)     An incorporator, director, officer, or agent of the
5547      foreign corporation signs signed a document that he or she knew
5548      was false in a any material respect with the intent that the
5549      document be delivered to the department of State for filing;.
5550              (h)(6)       The department receives a duly authenticated

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          CS/HB 797                                                                                             2026




5551      certificate from the secretary of state or other official having
5552      custody of corporate records in the jurisdiction under the law
5553      of which the foreign corporation is incorporated stating that it
5554      has been dissolved or is no longer active on the official's
5555      record; or disappeared as the result of a merger.
5556              (i)(7)       The foreign corporation has failed to answer
5557      truthfully and fully, within the time prescribed by this chapter
5558      act, interrogatories propounded by the department of State.
5559              (2)     Revocation of a foreign corporation's certificate of
5560      authority for failure to file an annual report shall occur on
5561      the fourth Friday in September of each year. The department
5562      shall issue a notice in a record of the revocation to the
5563      revoked foreign corporation. Issuance of the notice may be made
5564      by electronic transmission to a foreign corporation that has
5565      provided the department with an e-mail address.
5566              (3)     If the department determines that one or more grounds
5567      exist under paragraph (1)(b) for revoking a foreign
5568      corporation's certificate of authority, the department shall
5569      issue a notice in a record to the foreign corporation of the
5570      department's intent to revoke the certificate of authority.
5571      Issuance of the notice may be made by electronic transmission to
5572      a foreign corporation that has provided the department with an
5573      e-mail address.
5574              (4)     If, within 60 days after the department sends the
5575      notice of intent to revoke in accordance with subsection (3),

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          CS/HB 797                                                                                             2026




5576      and the foreign corporation does not correct each ground for
5577      revocation or demonstrate to the reasonable satisfaction of the
5578      department that each ground determined by the department does
5579      not exist, the department shall revoke the foreign corporation's
5580      authority to transact business in this state and issue a notice
5581      in a record of revocation which states the grounds for
5582      revocation. Issuance of the notice may be made by electronic
5583      transmission to a foreign corporation that has provided the
5584      department with an e-mail address.
5585              (5)     Revocation of a foreign corporation's certificate of
5586      authority does not terminate the authority of the registered
5587      agent of the corporation.
5588              Section 99.           Section 617.15315, Florida Statutes, is
5589      created to read:
5590              617.15315         Reinstatement following revocation.—
5591              (1)     A foreign corporation whose certificate of authority
5592      has been revoked pursuant to s. 617.1530 or former s. 617.1531
5593      may apply to the department for reinstatement at any time after
5594      the effective date of revocation of authority. The foreign
5595      corporation applying for reinstatement must submit all fees and
5596      penalties then owed by the foreign corporation at rates provided
5597      by law at the time the foreign corporation applies for
5598      reinstatement, together with an application for reinstatement
5599      prescribed and furnished by the department, which is signed by
5600      both the registered agent and an officer or director of the

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          CS/HB 797                                                                                             2026




5601      foreign corporation and states:
5602              (a)     The name under which the foreign corporation is
5603      authorized to conduct affairs in this state.
5604              (b)     The street address of the foreign corporation's
5605      principal office and mailing address.
5606              (c)     The jurisdiction of the foreign corporation's
5607      formation and the date on which it became qualified to conduct
5608      affairs in this state.
5609              (d)     The foreign corporation's federal employer
5610      identification number or, if none, whether one has been applied
5611      for.
5612              (e)     The name, title or capacity, and address of at least
5613      one officer or director of the foreign corporation.
5614              (f)     Additional information that is necessary or
5615      appropriate to enable the department to carry out this chapter.
5616              (2)     In lieu of the requirement to file an application for
5617      reinstatement as described in subsection (1), a foreign
5618      corporation whose certificate of authority has been revoked may
5619      submit all fees and penalties owed by the corporation at the
5620      rates provided by law at the time the corporation applies for
5621      reinstatement, together with a current annual report, signed by
5622      both the registered agent and an officer or director of the
5623      corporation, which contains the information described in
5624      subsection (1).
5625              (3)     If the department determines that an application for

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          CS/HB 797                                                                                             2026




5626      reinstatement contains the information required under subsection
5627      (1) or subsection (2) and that the information is correct, upon
5628      payment of all required fees and penalties, the department shall
5629      reinstate the foreign corporation's certificate of authority.
5630              (4)     When a reinstatement becomes effective, it relates
5631      back to and takes effect as of the effective date of the
5632      revocation of authority, and the foreign corporation may operate
5633      in this state as if the revocation of authority had never
5634      occurred.
5635              (5)     The name of the foreign corporation whose certificate
5636      of authority has been revoked is not available for assumption or
5637      use by another eligible entity until 1 year after the effective
5638      date of revocation of authority unless the corporation provides
5639      the department with a record signed as required by s. 617.01201,
5640      which authorizes the immediate assumption or use of the name by
5641      another eligible entity.
5642              (6)     If the name of the foreign corporation applying for
5643      reinstatement has been lawfully assumed in this state by another
5644      eligible entity, the department must require the foreign
5645      corporation to comply with s. 617.1506 before accepting its
5646      application for reinstatement.
5647              Section 100.          Section 617.1532, Florida Statutes, is
5648      amended to read:
5649              (Substantial rewording of section.
5650              See s. 617.1532, F.S., for present text.)

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          CS/HB 797                                                                                             2026




5651              617.1532          Judicial review of denial of reinstatement.—
5652              (1)     If the department denies a foreign corporation's
5653      application for reinstatement after revocation of its
5654      certificate of authority, the department shall serve the foreign
5655      corporation pursuant to s. 617.1510 with a written notice that
5656      explains the reasons for the denial.
5657              (2)     Within 30 days after service of a notice of denial of
5658      reinstatement, a foreign corporation may appeal the department's
5659      denial by petitioning the Circuit Court of Leon County to set
5660      aside the revocation. The petition must be served on the
5661      department and contain a copy of the department's notice of
5662      revocation, the foreign corporation's application for
5663      reinstatement, and the department's notice of denial.
5664              (3)     The circuit court may order the department to
5665      reinstate the certificate of authority of the foreign
5666      corporation or take other action the court considers
5667      appropriate.
5668              (4)     The circuit court's final decision may be appealed as
5669      in other civil proceedings.
5670              Section 101.           Section 617.1601, Florida Statutes, is
5671      amended to read:
5672              617.1601          Corporate records.—
5673              (1)     A corporation shall maintain the following records:
5674              (a)     Its articles of incorporation, as currently in effect.
5675              (b)     Its bylaws, as currently in effect.

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          CS/HB 797                                                                                             2026




5676              (c)     If the corporation has members, the minutes of all
5677      members' meetings and records of all action taken by members
5678      without a meeting for the past 3 years.
5679              (d)     The minutes of all meetings of its board of directors,
5680      a record of all actions taken by the board of directors without
5681      a meeting, and a record of all actions taken by a committee of
5682      the board of directors in place of the board of directors on
5683      behalf of the corporation.
5684              (e)     If the corporation has members, all written
5685      communications within the past 3 years to members generally or
5686      to members of a class, including the financial statements
5687      furnished for the past 3 years under s. 617.1605.
5688              (f)     A list of the names and business street addresses, or
5689      the home street addresses if there is no business street
5690      address, of its current directors and officers.
5691              (g)     Its most recent annual report delivered to the
5692      department under s. 617.1622 keep as records minutes of all
5693      meetings of its members and board of directors, a record of all
5694      actions taken by the members or board of directors without a
5695      meeting, and a record of all actions taken by a committee of the
5696      board of directors in place of the board of directors on behalf
5697      of the corporation.
5698              (2)     A corporation shall maintain accurate accounting
5699      records in a form that permits preparation of its financial
5700      statements as required by s. 617.1605.

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          CS/HB 797                                                                                             2026




5701              (3)     If a corporation has members, a corporation or its
5702      agent must shall maintain a record of its members in a form that
5703      permits preparation of a list of the names and addresses, which
5704      may be an e-mail address or other electronic contact
5705      information, of all members in alphabetical order by class of
5706      voting members. This subsection does not require the corporation
5707      to include the e-mail address or other electronic contact
5708      information of a member in such record.
5709              (4)     A corporation shall maintain the its records specified
5710      in this section in a manner that allows them to be made
5711      available for inspection written form or in another form capable
5712      of conversion into written form within a reasonable time.
5713              (5)     A corporation shall keep a copy of the following
5714      records:
5715              (a)     Its articles of incorporation or restated articles of
5716      incorporation and all amendments to them currently in effect.
5717              (b)     Its bylaws or restated bylaws and all amendments to
5718      them currently in effect.
5719              (c)     The minutes of all members' meetings and records of
5720      all action taken by members without a meeting for the past 3
5721      years.
5722              (d)     Written communications to all members generally or all
5723      members of a class within the past 3 years, including the
5724      financial statements furnished for the past 3 years under s.
5725      617.1605.

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          CS/HB 797                                                                                             2026




5726              (e)     A list of the names and business street, or home if
5727      there is no business street, addresses of its current directors
5728      and officers.
5729              (f)     Its most recent annual report delivered to the
5730      Department of State under s. 617.1622.
5731              Section 102.           Section 617.1602, Florida Statutes, is
5732      amended to read:
5733              617.1602          Inspection of records by members.—
5734              (1)     A member of a corporation is entitled to inspect and
5735      copy, during regular business hours at the corporation's
5736      principal office or at a reasonable location specified by the
5737      corporation, any of the records of the corporation described in
5738      s. 617.1601(1) s. 617.1601(5), excluding minutes of meetings of,
5739      and records of actions taken without a meeting by, the
5740      corporation's board of directors and any committee of the
5741      corporation, if the member delivers to gives the corporation
5742      written notice of the member's his or her demand at least 5 10
5743      business days before the date on which the member he or she
5744      wishes to inspect and copy.
5745              (2)     A member of a corporation is entitled to inspect and
5746      copy, during regular business hours at a reasonable location
5747      specified by the corporation, any of the following records of
5748      the corporation if the member meets the requirements of
5749      subsection (3) and gives the corporation written notice of the
5750      member's his or her demand at least 5 10 business days before

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          CS/HB 797                                                                                             2026




5751      the date on which the member he or she wishes to inspect and
5752      copy:
5753              (a)     Excerpts from minutes of any meeting of, or records of
5754      any actions taken without a meeting by, the corporation's board
5755      of directors and board committees of the corporation maintained
5756      in accordance with s. 617.1601(1)(d);, records of any action of
5757      a committee of the board of directors while acting in place of
5758      the board of directors on behalf of the corporation, minutes of
5759      any meeting of the members, and records of action taken by the
5760      members or board of directors without a meeting, to the extent
5761      not subject to inspection under subsection (1).
5762              (b)     Accounting records of the corporation;.
5763              (c)     The record of members maintained in accordance with s.
5764      617.1601(3); and.
5765              (d)     Any other books and records.
5766              (3)     A member may inspect and copy the records described in
5767      subsection (2) only if:
5768              (a)     The member's demand is made in good faith and for a
5769      proper purpose;
5770              (b)     The member's demand member describes with reasonable
5771      particularity the member's his or her purpose and the records
5772      the member he or she desires to inspect; and
5773              (c)     The records are directly connected with the member's
5774      purpose.
5775              (4)     The corporation may impose reasonable restrictions on

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          CS/HB 797                                                                                             2026




5776      the disclosure, use, or distribution of, and reasonable
5777      obligations to maintain the confidentiality of, records
5778      described in subsection (2).
5779              (5)     For any meeting of members for which the record date
5780      for determining members entitled to vote at the meeting is
5781      different than the record date for notice of the meeting, any
5782      person who becomes a member after the record date for notice of
5783      the meeting and is entitled to vote at the meeting is entitled
5784      to obtain from the corporation upon request the notice and any
5785      other information provided by the corporation to members in
5786      connection with the meeting, unless the corporation has made
5787      such information generally available to members by posting it on
5788      its website or by other generally recognized means. Failure of a
5789      corporation to provide such information does not affect the
5790      validity of action taken at the meeting.
5791              (6)     The right of inspection granted by this section may
5792      not be abolished or limited by a corporation's articles of
5793      incorporation or bylaws.
5794              (7)(4)       This section does not affect:
5795              (a)     The right of a member in litigation with the
5796      corporation to inspect and copy records to the same extent as
5797      any other litigant; or.
5798              (b)     The power of a court, independently of this chapter,
5799      to compel the production of corporate records for examination
5800      and to impose reasonable restrictions as provided in s.

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          CS/HB 797                                                                                             2026




5801      617.1604(3), provided that, in the case of production of records
5802      described in subsection (2) at the request of the member, the
5803      member has met the requirements of subsection (3).
5804              (8)(5)       A corporation may deny any demand for inspection
5805      made pursuant to subsection (2) if the demand was made for an
5806      improper purpose, or if the demanding member has within 2 years
5807      preceding the member's his or her demand sold or offered for
5808      sale any list of members of the corporation or any other
5809      corporation, has aided or abetted any person in procuring any
5810      list of members for any such purpose, or has improperly used any
5811      information secured through any prior examination of the records
5812      of the corporation or any other corporation.
5813              (9)     A member may not sell or otherwise distribute any
5814      information or records inspected under this section, except to
5815      the extent that such use is for a proper purpose.
5816              (10)        Without consent of the board of directors, a
5817      membership list or any part thereof may not be obtained or used
5818      by any person for any purpose unrelated to a member's interest
5819      as a member. Without limiting the foregoing, without the consent
5820      of the board, a membership list or any part thereof may not be:
5821              (a)     Used to solicit money or property unless the money or
5822      property will be used solely to solicit the votes of the
5823      members;
5824              (b)     Used for any commercial purpose; or
5825              (c)     Sold to or purchased by any person.

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          CS/HB 797                                                                                             2026




5826              (11)(6)       For purposes of this section, the term "member"
5827      includes a beneficial owner whose beneficial interest is shares
5828      are held in a voting trust or by a nominee on the individual's
5829      his or her behalf.
5830              (12)(7)       For purposes of this section, a "proper purpose"
5831      means a purpose reasonably related to such person's interest as
5832      a member.
5833              (13)        The rights of a member to obtain records under
5834      subsections (1) and (2) apply to the records of subsidiaries of
5835      the corporation.
5836              Section 103.           Section 617.1603, Florida Statutes, is
5837      amended to read:
5838              617.1603          Scope of inspection right.—
5839              (1)     A member's agent or attorney has the same inspection
5840      and copying rights as the member he or she represents.
5841              (2)     The corporation may, if deemed reasonable, satisfy the
5842      right of a member to copy records under s. 617.1602 by
5843      furnishing to the member copies by such means as are chosen by
5844      the corporation, including furnishing copies through electronic
5845      delivery The right to copy records under s. 617.1602 includes,
5846      if reasonable, the right to receive copies made by photographic,
5847      xerographic, or other means.
5848              (3)     The corporation may impose a reasonable charge,
5849      covering the costs of labor and material, for copies of any
5850      documents provided to the member. The charge may not exceed the

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          CS/HB 797                                                                                             2026




5851      estimated cost of production or reproduction of the records. If
5852      the records are kept in other than written form, the corporation
5853      must shall convert such records into written form upon the
5854      request of any person entitled to inspect the same. The
5855      corporation shall bear the reasonable costs of converting any
5856      records described in s. 617.1601(1) s. 617.1601(5). The
5857      requesting member shall bear the costs, including the cost of
5858      compiling the information requested, incurred to convert any
5859      records described in s. 617.1602(2).
5860              (4)     If requested by a member, the corporation shall comply
5861      with a member's demand to inspect the records of members under
5862      s. 617.1602(2)(c) by providing the member him or her with a list
5863      of its members of the nature described in s. 617.1601(3). Such a
5864      list must shall be compiled as of the last record date for which
5865      it has been compiled or as of a subsequent date if specified by
5866      the member.
5867              Section 104.           Section 617.1604, Florida Statutes, is
5868      amended to read:
5869              617.1604          Court-ordered inspection.—
5870              (1)     If a corporation does not, within a reasonable time,
5871      allow a member who complies with s. 617.1602 to inspect and copy
5872      any record, and the member complies with any prerequisites to
5873      inspection and copying imposed by this section, the member may
5874      apply to the circuit court in the county where the corporation's
5875      principal office, or, if none in this state, its registered

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          CS/HB 797                                                                                             2026




5876      office, is located for an order to permit inspection and copying
5877      of the records demanded. The court shall dispose of an
5878      application under this subsection on an expedited summary basis.
5879              (2)     If the court orders inspection or copying of the
5880      records demanded, it shall also order the corporation and the
5881      custodian of the particular records demanded to pay the member's
5882      costs, including reasonable attorney attorney's fees, reasonably
5883      incurred to obtain the order and enforce its rights under this
5884      section unless the corporation establishes that the corporation,
5885      or the officer, director, or agent, as the case may be, provides
5886      that it or he or she refused inspection in good faith because it
5887      or he or she had:
5888              (a)     A reasonable basis for doubt about the right of the
5889      member to inspect or copy the records demanded; or
5890              (b)     Required reasonable restrictions on the disclosure,
5891      use, or distribution of, and reasonable obligations to maintain
5892      the confidentiality of, such records demanded to which the
5893      demanding member had been unwilling to agree.
5894              (3)     If the court orders inspection or copying of the
5895      records demanded, it may impose reasonable restrictions on their
5896      confidentiality and the use or distribution of the records by
5897      the demanding member.
5898              Section 105.           Section 617.1605, Florida Statutes, is
5899      amended to read:
5900              617.1605          Financial reports for members.—

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          CS/HB 797                                                                                             2026




5901              (1)     A corporation, upon a member's written demand, shall
5902      furnish that member its latest annual financial statements,
5903      which may be consolidated or combined statements of the
5904      corporation and one or more of its subsidiaries or affiliates,
5905      as appropriate, and which include a balance sheet as of the end
5906      of the fiscal year and a statement of operations for that year.
5907      If financial statements are prepared for the corporation on the
5908      basis of generally accepted accounting principles, the annual
5909      financial statements must also be prepared on such basis.
5910              (2)     A corporation must deliver or make available the
5911      latest annual financial statements to such member within 5
5912      business days after the request if the annual financial
5913      statements have already been prepared and are available. If the
5914      annual financial statements have not been prepared for the
5915      fiscal year requested, the corporation must notify the member
5916      within 5 business days that the annual financial statements have
5917      not yet been prepared and must deliver or make available such
5918      annual financial statements to the member within 60 days after
5919      the corporation receives the request, or within such additional
5920      time thereafter as is reasonably necessary to enable the
5921      corporation to prepare its annual financial statements if, for
5922      reasons beyond the corporation's control, it is unable to
5923      prepare its annual financial statements within the prescribed
5924      period.
5925              (3)     A corporation may fulfill its responsibilities under

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          CS/HB 797                                                                                             2026




5926      this section by delivering the specified annual financial
5927      statements by posting the specified annual financial statements
5928      on its website or by any other generally recognized means.
5929              (4)     Notwithstanding subsections (1), (2), and (3):
5930              (a)     As a condition to delivering or making available
5931      annual financial statements to any requesting member, the
5932      corporation may require the requesting member to agree to
5933      reasonable restrictions on the confidentiality, use, and
5934      distribution of such annual financial statements; and
5935              (b)     The corporation may, if it reasonably determines that
5936      the member's request is not made in good faith or for a proper
5937      purpose, decline to deliver or make available such annual
5938      financial statements to that member.
5939              (5)     If a corporation does not respond to a member's
5940      request for annual financial statements pursuant to this section
5941      within the applicable period specified in subsection (2), all of
5942      the following apply:
5943              (a)     The requesting member may apply to the circuit court
5944      in the applicable county for an order requiring delivery of or
5945      access to the requested annual financial statements. The court
5946      shall dispose of an application under this subsection on an
5947      expedited basis.
5948              (b)     If the court orders delivery or access to the
5949      requested annual financial statements, it may impose reasonable
5950      restrictions on their confidentiality, use, or distribution.

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          CS/HB 797                                                                                             2026




5951              (c)     In such proceeding, if the corporation has declined to
5952      deliver or make available such annual financial statements
5953      because the member had been unwilling to agree to restrictions
5954      proposed by the corporation on the confidentiality, use, and
5955      distribution of such financial statements, the corporation has
5956      the burden of demonstrating that the restrictions proposed by
5957      the corporation were reasonable.
5958              (d)     In such a proceeding, if the corporation has declined
5959      to deliver or make available such annual financial statements
5960      pursuant to this section, the corporation has the burden of
5961      demonstrating that it reasonably determined that the member's
5962      request was not made in good faith or for a proper purpose.
5963              (6)     If the court orders delivery or access to the
5964      requested annual financial statements, it shall order the
5965      corporation to pay the member's expenses, including reasonable
5966      attorney fees, incurred to obtain such order unless the
5967      corporation establishes that it had refused delivery or access
5968      to the requested annual financial statements because the member
5969      had refused to agree to reasonable restrictions on the
5970      confidentiality, use, or distribution of the annual financial
5971      statements or that the corporation had reasonably determined
5972      that the member's request was not made in good faith or for a
5973      proper purpose.
5974              Section 106.          Section 617.16051, Florida Statutes, is
5975      created to read:

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          CS/HB 797                                                                                             2026




5976              617.16051         Inspection rights of directors.—
5977              (1)     A director of a corporation is entitled to inspect and
5978      copy the books, records, and documents of the corporation at any
5979      reasonable time to the extent reasonably related to the
5980      performance of the director's duties as a director, including
5981      duties as a member of a board committee, but not for any other
5982      purpose or in any manner that would violate any duty to the
5983      corporation or attorney-client privilege or work-product
5984      privilege of the corporation.
5985              (2)     The circuit court of the applicable county may order
5986      inspection and copying of the books, records, and documents at
5987      the corporation's expense, upon application of a director who
5988      has been refused such inspection rights, unless the corporation
5989      establishes that the director is not entitled to such inspection
5990      rights. The court shall dispose of an application under this
5991      subsection on an expedited basis.
5992              (3)     If an order is issued, the court may include
5993      provisions protecting the corporation from undue burden or
5994      expense and prohibiting the director from using information
5995      obtained upon exercise of the inspection rights in a manner that
5996      would violate a duty to the corporation, and may also order the
5997      corporation to reimburse the director for the director's costs,
5998      including reasonable attorney fees, incurred in connection with
5999      the application.
6000              Section 107.          Section 617.1622, Florida Statutes, is

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          CS/HB 797                                                                                             2026




6001      amended to read:
6002              617.1622          Annual report for department of State.—
6003              (1)     Each domestic corporation and each foreign corporation
6004      authorized to transact business conduct its affairs in this
6005      state shall deliver to the department of State for filing an a
6006      sworn annual report, on such form as the Department of State
6007      prescribes, that states the following sets forth:
6008              (a)     The name of the corporation or, if a foreign
6009      corporation, the name under which the foreign corporation is
6010      authorized to transact business in this state and the state or
6011      country under the law of which it is incorporated;
6012              (b)     The date of its incorporation and or, if a foreign
6013      corporation, the jurisdiction of its incorporation and the date
6014      on which it became qualified to transact business was admitted
6015      to conduct its affairs in this state;
6016              (c)     The street address of its the principal office and the
6017      mailing address of the corporation;
6018              (d)     The corporation's or foreign corporation's federal
6019      employer identification number, if any, or, if none, whether one
6020      has been applied for;
6021              (e)     The names and business street addresses of its
6022      directors and principal officers; and
6023              (f)     The street address of its registered office in this
6024      state and the name of its registered agent at that office; and
6025              (g)     Any such additional information that the department

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          CS/HB 797                                                                                             2026




6026      has identified as may be necessary or appropriate to enable the
6027      department of State to carry out the provisions of this chapter
6028      act.
6029              (2)     If an annual report contains the name and address of a
6030      registered agent which differs from the information shown in the
6031      records of the department immediately before the annual report
6032      becomes effective, the differing information in the annual
6033      report is considered a statement of change under s. 617.0502 or
6034      s. 617.1508, as the case may be The deposit of such report, on
6035      or before May 1, in the United States mail in a sealed envelope,
6036      properly addressed with postage prepaid, constitutes compliance
6037      with subsection (1).
6038              (3)     If an annual report does not contain the information
6039      required by this section subsection (1), the department of State
6040      shall promptly notify the reporting domestic corporation or
6041      foreign corporation in writing and return the report to it for
6042      correction. If the report is corrected to contain the
6043      information required by subsection (1) and delivered to the
6044      department of State within 30 days after the effective date of
6045      notice, it will is deemed to be considered timely delivered
6046      filed.
6047              (4)     Each annual report must be executed by the corporation
6048      by an officer or director or, if the corporation is in the hands
6049      of a receiver or trustee, must be executed on behalf of the
6050      corporation by such receiver or trustee, and the signing of the

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          CS/HB 797                                                                                             2026




6051      annual report shall have the same legal effect as if made under
6052      oath, without the necessity of appending such oath thereto.
6053      (5)     The first annual report must be delivered to the department
6054      of State between January 1 and May 1 of the year following the
6055      calendar year in which a domestic corporation's articles of
6056      incorporation became effective or a foreign corporation obtained
6057      its certificate of authority to transact business in this state
6058      corporation was incorporated or a foreign corporation was
6059      authorized to conduct affairs. Subsequent annual reports must be
6060      delivered to the department of State between January 1 and May 1
6061      of each the subsequent calendar year thereafter. If one or more
6062      forms of annual report are submitted for a calendar year, the
6063      department shall file each of them and make the information
6064      contained in them part of the official record. The first form of
6065      annual report filed in a calendar year shall be considered the
6066      annual report for that calendar year, and each report filed
6067      after that one in the same calendar year shall be treated as an
6068      amended report for that calendar year years.
6069              (5)(6)       Information in the annual report must be current as
6070      of the date the annual report is delivered to the department for
6071      filing executed on behalf of the corporation.
6072              (7)     If an additional report is received, the department
6073      shall file the document and make the information contained
6074      therein part of the official record.
6075              (6)(8)       Any domestic corporation or foreign corporation

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          CS/HB 797                                                                                             2026




6076      that fails to file an annual report that which complies with the
6077      requirements of this section may not prosecute or maintain or
6078      defend any action in any court of this state until the such
6079      report is filed and all fees and penalties taxes due under this
6080      chapter act are paid, and such corporation is subject to
6081      dissolution or cancellation of its certificate of authority to
6082      transact business conduct its affairs as provided in this
6083      chapter act.
6084              (7)(9)       The department shall prescribe the forms, which may
6085      be in an electronic format, on which to make the annual report
6086      called for in this section and may substitute the uniform
6087      business report, pursuant to s. 606.06, as a means of satisfying
6088      the requirement of this chapter section.
6089              (8)     As a condition of a merger under s. 617.1101, each
6090      party to a merger which exists under the laws of this state, and
6091      each party to a merger which exists under the laws of another
6092      jurisdiction and has a certificate of authority to transact
6093      business or conduct its affairs in this state, must be active
6094      and current in filing its annual reports in the records of the
6095      department through December 31 of the calendar year in which the
6096      articles of merger are submitted to the department for filing.
6097              (9)     As a condition of a conversion of an entity to a
6098      corporation under s. 617.1804, the entity, if it exists under
6099      the laws of this state or if it exists under the laws of another
6100      jurisdiction and has a certificate of authority to transact

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          CS/HB 797                                                                                             2026




6101      business or conduct its affairs in this state, must be active
6102      and current in filing its annual reports in the records of the
6103      department through December 31 of the calendar year in which the
6104      articles of conversion are submitted to the department for
6105      filing.
6106              (10)        As a condition of a conversion of a domestic
6107      corporation to another type of entity under s. 617.1804, the
6108      domestic corporation converting to the other type of entity must
6109      be active and current in filing its annual reports in the
6110      records of the department through December 31 of the calendar
6111      year in which the articles of conversion are submitted to the
6112      department for filing.
6113              (11)        As a condition of domestication of a domestic
6114      corporation into a foreign jurisdiction under s. 617.180301, the
6115      domestic corporation domesticating into a foreign jurisdiction
6116      must be active and current in filing its annual reports in the
6117      records of the department through December 31 of the calendar
6118      year in which the articles of domestication are submitted to the
6119      department for filing.
6120              Section 108.          Section 617.180301, Florida Statutes, is
6121      created to read:
6122              617.180301         Domestication.—
6123              (1)     By complying with this section and ss. 617.18031-
6124      617.18034, as applicable, a foreign corporation may become a
6125      domestic corporation if the domestication is permitted by the

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          CS/HB 797                                                                                             2026




6126      organic law of the foreign corporation.
6127              (2)     By complying with this section and ss. 617.18031-
6128      617.18034, as applicable, a domestic corporation may become a
6129      foreign corporation pursuant to a plan of domestication if the
6130      domestication is permitted by the organic law of the foreign
6131      corporation.
6132              (3)     In a domestication under subsection (2), the
6133      domesticating corporation must enter into a plan of
6134      domestication. The plan of domestication must include:
6135              (a)     The name of the domesticating corporation;
6136              (b)     The name and governing jurisdiction of the
6137      domesticated corporation;
6138              (c)     The manner and basis of cancelling or converting the
6139      eligible interests or other rights of the domesticating
6140      corporation into other eligible interests, other rights,
6141      obligations, rights to acquire eligible interests, cash, other
6142      property, other rights, or any combination of the foregoing of
6143      the domesticated corporation;
6144              (d)     The proposed organic rules of the domesticated
6145      corporation, which must be in writing; and
6146              (e)     The other terms and conditions of the domestication.
6147              (4)     In addition to the requirements of subsection (3), a
6148      plan of domestication may contain any other provision not
6149      prohibited by law.
6150              (5)     The terms of a plan of domestication may be made

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          CS/HB 797                                                                                             2026




6151      dependent upon facts objectively ascertainable outside the plan
6152      in accordance with s. 617.01201(10).
6153              (6)     If a protected agreement of a domesticating
6154      corporation in effect immediately before the domestication
6155      becomes effective contains a provision applying to a merger of
6156      the corporation and the agreement does not refer to a
6157      domestication of the corporation, the provision applies to a
6158      domestication of the corporation as if the domestication were a
6159      merger until such time as the provision is first amended after
6160      July 1, 2026.
6161              Section 109.          Section 617.18031, Florida Statutes, is
6162      created to read:
6163              617.18031         Action on a plan of domestication.—In the case
6164      of a domestication of a domestic corporation into a foreign
6165      jurisdiction, the plan of domestication must be adopted in the
6166      following manner:
6167              (1)     Except as otherwise provided in the articles of
6168      incorporation or bylaws, the plan of domestication must first be
6169      adopted by the board of directors of such domestic corporation.
6170      If the domesticating corporation does not have any members
6171      entitled to vote on the domestication, a plan of domestication
6172      is adopted by the corporation when it has been adopted by the
6173      board of directors pursuant to this section.
6174              (2)     If the domesticating corporation has members entitled
6175      to vote on the domestication, the plan of domestication must be

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          CS/HB 797                                                                                             2026




6176      approved by such members. In submitting the plan of
6177      domestication to the members for approval, the board of
6178      directors shall recommend that the members approve the plan,
6179      unless the board of directors makes a determination that because
6180      of conflicts of interest or other special circumstances it
6181      should not make such a recommendation, in which case the board
6182      of directors must inform the members of the basis for its so
6183      proceeding without such recommendation.
6184              (3)     The board of directors may set conditions for approval
6185      of the plan of domestication by the members or the effectiveness
6186      of the plan of domestication.
6187              (4)     If the plan of domestication is required to be
6188      approved by the members, and if the approval of the members is
6189      to be given at a meeting, the corporation must notify each
6190      member entitled to vote on the domestication of the meeting of
6191      members at which the plan of domestication is to be submitted
6192      for approval. The notice must state that the purpose, or one of
6193      the purposes, of the meeting is to consider the plan of
6194      domestication and must contain or be accompanied by a copy of
6195      the plan. The notice must include or be accompanied by a written
6196      copy of the organic rules of the domesticated corporation as
6197      they will be in effect immediately after the domestication.
6198              (5)     Unless this chapter, the articles of incorporation,
6199      the bylaws, or the board of directors acting pursuant to
6200      subsection (3) require a greater vote or a greater quorum in the

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          CS/HB 797                                                                                             2026




6201      respective case, approval of the plan of domestication requires:
6202              (a)     The approval of the members entitled to vote on the
6203      domestication at a meeting at which a quorum exists consisting
6204      of a majority of the votes entitled to be cast on the plan; and
6205              (b)     If any class of members is entitled to vote as a
6206      separate group on the plan of domestication, the approval of
6207      each class of members voting as a separate voting group at a
6208      meeting at which a quorum of the voting group exists consisting
6209      of a majority of the votes entitled to be cast on the plan by
6210      that voting group.
6211              (6)     The articles of incorporation may expressly limit or
6212      eliminate the separate voting rights provided in paragraph
6213      (5)(b) as to any class of members, except when the public
6214      organic rules of the foreign corporation resulting from the
6215      domestication include what would be in effect an amendment that
6216      would entitle the class to vote as a separate voting group if it
6217      were a proposed amendment of the articles of incorporation of a
6218      domestic domesticating corporation.
6219              (7)     If, as a result of a domestication, one or more
6220      members of a domestic domesticating corporation would become
6221      subject to interest holder liability, approval of the plan of
6222      domestication must require the signing in connection with the
6223      domestication, by each such member, of a separate written
6224      consent to become subject to such interest holder liability,
6225      unless in the case of a member that already has interest holder

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          CS/HB 797                                                                                             2026




6226      liability with respect to the domesticating corporation, the
6227      terms and conditions of the interest holder liability with
6228      respect to the domesticated corporation are substantially
6229      identical to those of the existing interest holder liability,
6230      other than for changes that eliminate or reduce such interest
6231      holder liability.
6232              (8)     In addition to the adoption and approval of the plan
6233      of domestication by the board of directors and any members
6234      entitled to vote on the domestication as required by this
6235      section, the plan of domestication must be approved in writing
6236      by any person or group of persons whose approval is required
6237      under the articles of incorporation or bylaws or whose approval
6238      is required to amend the articles of incorporation or bylaws.
6239              Section 110.          Section 617.18032, Florida Statutes, is
6240      created to read:
6241              617.18032         Articles of incorporation; effectiveness.—
6242              (1)     Articles of domestication must be signed by the
6243      domesticating corporation after:
6244              (a)     A plan of domestication of a domestic corporation has
6245      been adopted and approved as required by this chapter; or
6246              (b)     A foreign corporation that is the domesticating
6247      corporation has approved a domestication as required by this
6248      chapter and under the foreign corporation's organic law.
6249              (2)     Articles of domestication must set forth:
6250              (a)     The name of the domesticating corporation and its

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          CS/HB 797                                                                                             2026




6251      governing jurisdiction;
6252              (b)      The name and governing jurisdiction of the
6253      domesticated corporation; and
6254              (c)1.       If the domesticating corporation is a domestic
6255      corporation, a statement that the plan of domestication was
6256      approved in accordance with this chapter; or
6257              2.      If the domesticating corporation is a foreign
6258      corporation, a statement that the domestication was approved in
6259      accordance with its organic law.
6260              (3)      If the domesticated corporation is to be a domestic
6261      corporation, articles of incorporation of the domesticated
6262      corporation that satisfy the requirements of s. 617.0202 must be
6263      attached to the articles of domestication. Provisions that would
6264      not be required to be included in restated articles of
6265      incorporation may be omitted from the articles of incorporation
6266      attached to the articles of domestication.
6267              (4)      The articles of domestication shall be delivered to
6268      the department for filing and shall take effect on the effective
6269      date determined in accordance with s. 617.0123.
6270              (5)(a)       If the domesticated corporation is a domestic
6271      corporation, the domestication becomes effective when the
6272      articles of domestication are effective.
6273              (b)      If the domesticated corporation is a foreign
6274      corporation, the domestication becomes effective on the later of
6275      the date and time provided by the organic law of the

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          CS/HB 797                                                                                             2026




6276      domesticated corporation or when the articles of domestication
6277      are effective.
6278              (6)     If the domesticating corporation is a foreign
6279      corporation that is qualified to transact business in this state
6280      under ss. 617.1501-617.1532, its certificate of authority is
6281      automatically canceled when the domestication becomes effective.
6282              (7)     A copy of the articles of domestication, certified by
6283      the department, may be filed in the official records of any
6284      county in this state in which the domesticating corporation
6285      holds an interest in real property.
6286              Section 111.          Section 617.18033, Florida Statutes, is
6287      created to read:
6288              617.18033         Amendment of a plan of domestication;
6289      abandonment.—
6290              (1)     Except as otherwise provided in the plan of
6291      domestication and before the articles of domestication have
6292      taken effect, a plan of domestication of a domestic corporation
6293      adopted under s. 617.180301(3) may be amended:
6294              (a)     In the same manner as the plan of domestication was
6295      approved, if the plan does not provide for the manner in which
6296      it may be amended; or
6297              (b)     In the manner provided in the plan of domestication,
6298      except that an interest holder who was entitled to vote on or
6299      consent to approval of the plan is entitled to vote on or
6300      consent to any amendment of the plan which will change:

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          CS/HB 797                                                                                             2026




6301              1.      The amount or kind of eligible interests or other
6302      rights, obligations, rights to acquire eligible interests, cash,
6303      other property, other rights, or any combination of the
6304      foregoing, to be received by any of the interest holders of the
6305      domesticating corporation under the plan;
6306              2.      The organic rules of the domesticated corporation that
6307      are to be in writing and that will be in effect immediately
6308      after the domestication becomes effective, except for changes
6309      that do not require approval of the interest holder of the
6310      domesticated corporation under its proposed organic rules as set
6311      forth in the plan of domestication; or
6312              3.      Any of the other terms or conditions of the plan, if
6313      the change would adversely affect the interest holder in any
6314      material respect.
6315              (2)      After a plan of domestication has been adopted and
6316      approved by a domestic corporation as required by this chapter,
6317      and before the articles of domestication have become effective,
6318      the plan may be abandoned by the corporation in the same manner
6319      as the plan was approved by the corporation without action by
6320      its interest holders in accordance with any procedures set forth
6321      in the plan or, if no such procedures are set forth in the plan,
6322      in the manner determined by the board of directors of the
6323      domestic corporation.
6324              (3)      If a domestication is abandoned after the articles of
6325      domestication have been delivered to the department for filing

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          CS/HB 797                                                                                             2026




6326      but before the articles of domestication become effective, a
6327      statement of abandonment signed by the domesticating corporation
6328      must be delivered to the department for filing before the
6329      articles of domestication become effective. The statement shall
6330      take effect upon filing, and the domestication shall be deemed
6331      abandoned and may not become effective. The statement of
6332      abandonment must contain:
6333              (a)     The name of the domesticating corporation;
6334              (b)     The date on which the articles of domestication were
6335      filed by the department; and
6336              (c)     A statement that the domestication has been abandoned
6337      in accordance with this section.
6338              Section 112.          Section 617.18034, Florida Statutes, is
6339      created to read:
6340              617.18034         Effect of domestication.—
6341              (1)     When a domestication becomes effective:
6342              (a)     All real property and other property owned by the
6343      domesticating corporation, including any interests therein and
6344      all title thereto, and every contract right and other right
6345      possessed by the domesticating corporation, are the property,
6346      contract rights, and other rights of the domesticated
6347      corporation without transfer, reversion, or impairment;
6348              (b)     All debts, obligations, and other liabilities of the
6349      domesticating corporation are the debts, obligations, and other
6350      liabilities of the domesticated corporation;

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          CS/HB 797                                                                                             2026




6351              (c)      The name of the domesticated corporation may be, but
6352      need not be, substituted for the name of the domesticating
6353      corporation in any pending action or proceeding;
6354              (d)      The organic rules of the domesticated corporation
6355      become effective;
6356              (e)      The eligible interests or other rights of the
6357      domesticating corporation are cancelled or reclassified into
6358      eligible interests or other rights, obligations, rights to
6359      acquire eligible interests, cash, other property, or any
6360      combination of the foregoing, in accordance with the terms of
6361      the domestication, and the interest holders of the domesticating
6362      corporation are entitled only to the rights provided to them by
6363      those terms; and
6364              (f)      The domesticated corporation is:
6365              1.      Incorporated under and subject to the organic law of
6366      the domesticated corporation;
6367              2.      The same corporation, without interruption, as the
6368      domesticating corporation; and
6369              3.      Deemed to have been incorporated on the date the
6370      domesticating corporation was originally incorporated.
6371              (2)      Except as otherwise provided in the organic law or
6372      organic rules of a domesticating foreign corporation, the
6373      interest holder liability of an interest holder in a foreign
6374      corporation that is domesticated into this state who had
6375      interest holder liability with respect to such domesticating

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          CS/HB 797                                                                                             2026




6376      corporation before the domestication becomes effective must be
6377      as follows:
6378              (a)     The domestication does not discharge that prior
6379      interest holder liability with respect to any interest holder
6380      liabilities that arose before the domestication becomes
6381      effective.
6382              (b)     The organic law of the domesticating corporation must
6383      continue to apply to the collection or discharge of any interest
6384      holder liabilities preserved by paragraph (a), as if the
6385      domestication had not occurred.
6386              (c)     The interest holder shall have such rights of
6387      contribution from other persons as are provided by the organic
6388      law of the domesticating corporation with respect to any
6389      interest holder liabilities preserved by paragraph (a), as if
6390      the domestication had not occurred.
6391              (d)     The interest holder may not, by reason of such prior
6392      interest holder liability, have interest holder liability with
6393      respect to any interest holder liabilities that are incurred
6394      after the domestication becomes effective.
6395              (3)     An interest holder who becomes subject to interest
6396      holder liability in respect of the domesticated corporation as a
6397      result of the domestication has such interest holder liability
6398      only with respect to interest holder liabilities that arise
6399      after the domestication becomes effective.
6400              (4)     A domestication does not constitute or cause the

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          CS/HB 797                                                                                             2026




6401      dissolution of the domesticating corporation.
6402              (5)     Property held in trust or otherwise dedicated to a
6403      charitable purpose and held by a domestic or foreign corporation
6404      immediately before a domestication becomes effective may not, as
6405      a result of the domestication, be diverted from the purposes for
6406      which it was donated, granted, devised, or otherwise transferred
6407      except pursuant to the laws of this state addressing cy pres or
6408      dealing with nondiversion of charitable assets.
6409              (6)     A bequest, devise, gift, grant, or promise contained
6410      in a will or other instrument of donation, subscription, or
6411      conveyance which is made to the domesticating corporation, and
6412      which takes effect or remains payable after the domestication
6413      inures to the domesticated corporation.
6414              (7)     A trust obligation that would govern property if
6415      transferred to the domesticating corporation applies to property
6416      that is to be transferred to the domesticated corporation after
6417      the domestication takes effect.
6418              Section 113.           Section 617.1804, Florida Statutes, is
6419      created to read:
6420              617.1804          Conversion.—
6421              (1)     By complying with this chapter, including being
6422      eligible under s. 617.18041, adopting a plan of conversion in
6423      accordance with s. 617.18042, and complying with s. 617.18043, a
6424      domestic corporation may become:
6425              (a)     A domestic eligible entity, other than a domestic

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          CS/HB 797                                                                                             2026




6426      corporation; or
6427              (b)     If the conversion is permitted by the organic law of
6428      the foreign eligible entity, a foreign eligible entity.
6429              (2)     By complying with this section and ss. 617.18042-
6430      617.18046, as applicable, and applicable provisions of its
6431      organic law, a domestic eligible entity other than a domestic
6432      corporation may become a domestic corporation.
6433              (3)     By complying with this section and ss. 617.18042-
6434      617.18046, as applicable, and by complying with the applicable
6435      provisions of its organic law, a foreign eligible entity may
6436      become a domestic corporation, but only if the organic law of
6437      the foreign eligible entity permits it to become a nonprofit
6438      corporation in another jurisdiction.
6439              (4)     If a protected agreement of a domestic converting
6440      corporation in effect immediately before the conversion becomes
6441      effective contains a provision applying to a merger of the
6442      corporation that is a converting corporation and the agreement
6443      does not refer to a conversion of the corporation, the provision
6444      applies to a conversion of the corporation as if the conversion
6445      were a merger, until such time as the provision is first amended
6446      after July 1, 2026.
6447              Section 114.          Section 617.18041, Florida Statutes, is
6448      created to read:
6449              617.18041         Limitation on conversion.—A domestic corporation
6450      that holds property for a charitable purpose is prohibited from

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          CS/HB 797                                                                                             2026




6451      becoming a domestic eligible entity or a foreign eligible
6452      entity, except by domestication to become a foreign corporation.
6453              Section 115.          Section 617.18042, Florida Statutes, is
6454      created to read:
6455              617.18042         Plan of conversion.—
6456              (1)      A domestic corporation may convert to a domestic or
6457      foreign eligible entity under this chapter by approving a plan
6458      of conversion. The plan of conversion must include all of the
6459      following:
6460              (a)      The name of the domestic converting corporation.
6461              (b)      The name, governing jurisdiction, and type of entity
6462      of the converted eligible entity.
6463              (c)      The manner and basis of canceling or converting the
6464      eligible interests or other rights of the domestic corporation;
6465      or the rights to acquire eligible interests, obligations, other
6466      rights, or any combination of the foregoing of the domestic
6467      corporation, into:
6468              1.      Shares.
6469              2.      Other securities.
6470              3.      Eligible interests.
6471              4.      Obligations.
6472              5.      Rights to acquire shares, other securities, or eligible
6473      interests.
6474              6.      Cash.
6475              7.      Other property.

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          CS/HB 797                                                                                             2026




6476              8.      Other rights.
6477              (d)      The other terms and conditions of the conversion.
6478              (e)      The full text, as it will be in effect immediately
6479      after the conversion becomes effective, of the organic rules of
6480      the converted eligible entity, which are to be in writing.
6481              (2)      In addition to the requirements of subsection (1), a
6482      plan of conversion may contain any other provision not
6483      prohibited by law.
6484              (3)      The terms of a plan of conversion may be made
6485      dependent upon facts objectively ascertainable outside the plan
6486      in accordance with s. 617.01201(10).
6487              Section 116.          Section 617.18043, Florida Statutes, is
6488      created to read:
6489              617.18043         Action on a plan of conversion.—In the case of a
6490      conversion of a domestic corporation to a domestic or foreign
6491      eligible entity other than a domestic corporation, the plan of
6492      conversion must be adopted in the following manner:
6493              (1)      Except as provided in the articles of incorporation or
6494      bylaws, the plan of conversion must first be adopted by the
6495      board of directors of such domestic corporation. If the
6496      converting corporation does not have any members entitled to
6497      vote on the conversion, a plan of conversion is adopted by the
6498      corporation when it has been adopted by the board of directors
6499      pursuant to this section.
6500              (2)(a)       If the converting corporation has members entitled

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          CS/HB 797                                                                                             2026




6501      to vote on the conversion, the plan of conversion must then be
6502      approved by such members.
6503              (b)     In submitting the plan of conversion to the members
6504      for approval, the board of directors must recommend that the
6505      members approve the plan of conversion, unless the board of
6506      directors makes a determination that because of conflicts of
6507      interest or other special circumstances it should not make such
6508      a recommendation, in which case the board of directors must
6509      inform the members of the basis for proceeding without such
6510      recommendation.
6511              (3)     The board of directors may set conditions for approval
6512      of the plan of conversion by the members or the effectiveness of
6513      the plan of conversion.
6514              (4)     If a plan of conversion is required to be approved by
6515      the members, and if the approval of the members is to be given
6516      at a meeting, the corporation must notify each member entitled
6517      to vote on the conversion of the meeting of members at which the
6518      plan of conversion is to be submitted for approval. The notice
6519      must state that the purpose, or one of the purposes, of the
6520      meeting is to consider the plan of conversion and must contain
6521      or be accompanied by a copy of the plan. The notice must include
6522      or be accompanied by a written copy of the organic rules of the
6523      converted eligible entity as they will be in effect immediately
6524      after the conversion.
6525              (5)     Unless this chapter, the articles of incorporation,

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          CS/HB 797                                                                                             2026




6526      bylaws, or the board of directors acting pursuant to subsection
6527      (3) require a greater vote or a greater quorum in the respective
6528      case, approval of the plan of conversion requires:
6529              (a)     The approval of the members entitled to vote on the
6530      conversion at a meeting at which a quorum exists consisting of a
6531      majority of the votes entitled to be cast on the plan; and
6532              (b)     If any class of members is entitled to vote as a
6533      separate group on the plan of conversion, the approval of each
6534      class of members voting as a separate voting group at a meeting
6535      at which a quorum of the voting group exists consisting of a
6536      majority of the votes entitled to be cast on the plan by that
6537      voting group.
6538              (6)     If, as a result of the conversion, one or more members
6539      of the converting domestic corporation would become subject to
6540      interest holder liability, approval of the plan of conversion
6541      must require the signing in connection with the conversion, by
6542      each such member, of a separate written consent to become
6543      subject to such interest holder liability, unless in the case of
6544      a member that already has interest holder liability with respect
6545      to the converting corporation, the terms and conditions of the
6546      interest holder liability with respect to the converted entity
6547      are substantially identical to those of the existing interest
6548      holder liability, other than for changes that eliminate or
6549      reduce such interest holder liability.
6550              (7)     If the converted eligible entity is a partnership or

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          CS/HB 797                                                                                             2026




6551      limited partnership, a member of the converting domestic
6552      corporation may not, as a result of the conversion, become a
6553      general partner of the partnership or limited partnership,
6554      unless such member specifically consents in writing to becoming
6555      a general partner of such partnership or limited partnership,
6556      and, unless such written consent is obtained from each such
6557      member, such conversion may not become effective under s.
6558      617.18044. Any member providing such consent in writing is
6559      deemed to have voted in favor of the plan of conversion pursuant
6560      to which the member became a general partner.
6561              (8)     In addition to the adoption and approval of the plan
6562      of conversion by the board of directors and any members entitled
6563      to vote on the conversion as required by this section, the plan
6564      of conversion must also be approved in writing by any person or
6565      group of persons whose approval is required under the articles
6566      of incorporation or bylaws or whose approval is required to
6567      amend the articles of incorporation or bylaws.
6568              Section 117.          Section 617.18044, Florida Statutes, is
6569      created to read:
6570              617.18044         Articles of conversion; effectiveness.—
6571              (1)     After a plan of conversion of a domestic corporation
6572      has been adopted and approved as required by this chapter, or a
6573      domestic or foreign eligible entity, other than a domestic
6574      corporation, that is the converting eligible entity has approved
6575      a conversion as required by its organic law, articles of

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          CS/HB 797                                                                                             2026




6576      conversion must be signed by the converting eligible entity as
6577      required by s. 617.01201 and must:
6578              (a)      State the name, governing jurisdiction, and type of
6579      entity of the converting eligible entity;
6580              (b)      State the name, governing jurisdiction, and type of
6581      entity of the converted eligible entity;
6582              (c)      If the converting eligible entity is:
6583              1.      A domestic corporation, state that the plan of
6584      conversion was approved in accordance with this chapter; or
6585              2.      A domestic or foreign eligible entity other than a
6586      domestic corporation, state that the conversion was approved by
6587      the eligible entity in accordance with its organic law; and
6588              (d)      If the converted eligible entity is:
6589              1.      A domestic corporation or a domestic or foreign
6590      eligible entity that is not a domestic corporation, attach the
6591      public organic record of the converted eligible entity, except
6592      that provisions that would not be required to be included in a
6593      restated public organic record may be omitted; or
6594              2.      A domestic limited liability partnership, attach the
6595      filing or filings required to become a domestic limited
6596      liability partnership.
6597              (2)      If the converted eligible entity is a domestic
6598      corporation, its articles of incorporation must satisfy the
6599      requirements of s. 617.0202, except that provisions that would
6600      not be required to be included in restated articles of

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          CS/HB 797                                                                                             2026




6601      incorporation may be omitted from the articles of incorporation.
6602      If the converted eligible entity is a domestic eligible entity
6603      that is not a domestic corporation, its public organic record,
6604      if any, must satisfy the applicable requirements of the organic
6605      law of this state, except that the public organic record does
6606      not need to be signed.
6607              (3)      The articles of conversion must be delivered to the
6608      department for filing and shall take effect on the effective
6609      date determined in accordance with s. 617.0123.
6610              (4)(a)       If the converted eligible entity is a domestic
6611      eligible entity, the conversion becomes effective when the
6612      articles of conversion are effective.
6613              (b)      If the converted eligible entity is a foreign eligible
6614      entity, the conversion becomes effective at the later of:
6615              1.      The date and time provided by the organic law of that
6616      eligible entity; or
6617              2.      When the articles of conversion take effect.
6618              (5)      Articles of conversion required to be filed under this
6619      section may be combined with any filing required under the
6620      organic law of a domestic eligible entity that is the converting
6621      eligible entity or the converted eligible entity if the combined
6622      filing satisfies the requirements of both this section and the
6623      other organic law.
6624              (6)      If the converting eligible entity is a foreign
6625      eligible entity that is authorized to transact business in this

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          CS/HB 797                                                                                             2026




6626      state under a law similar to ss. 617.1501-617.1532, its foreign
6627      qualification is canceled automatically on the effective date of
6628      its conversion.
6629              (7)      A copy of the articles of conversion, certified by the
6630      department, may be filed in the official records of any county
6631      in this state in which the converting eligible entity holds an
6632      interest in real property.
6633              Section 118.          Section 617.18045, Florida Statutes, is
6634      created to read:
6635              617.18045         Amendment to a plan of conversion; abandonment.—
6636              (1)      Except as otherwise provided in the plan of conversion
6637      and before the articles of conversion have taken effect, a plan
6638      of conversion of a converting eligible entity that is a domestic
6639      corporation may be amended:
6640              (a)      In the same manner as the plan of conversion was
6641      approved, if the plan does not provide for the manner in which
6642      it may be amended; or
6643              (b)      In the manner provided in the plan of conversion,
6644      except that an interest holder that was entitled to vote on or
6645      consent to approval of the plan is entitled to vote on or
6646      consent to any amendment of the plan which will change:
6647              1.      The amount or kind of interests; obligations; rights to
6648      acquire other interests; cash; other property; or any
6649      combination of the foregoing, to be received by any of the
6650      interest holders of the converting corporation under the plan;

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          CS/HB 797                                                                                             2026




6651              2.      The organic rules of the converted eligible entity
6652      which will be in effect immediately after the conversion becomes
6653      effective, except for changes that do not require approval of
6654      the eligible interest holders of the converted eligible entity
6655      under its organic law or organic rules; or
6656              3.      Any other terms or conditions of the plan, if the
6657      change would adversely affect such interest holders in any
6658      material respect.
6659              (2)      After a plan of conversion has been adopted and
6660      approved by a converting eligible entity that is a domestic
6661      corporation in the manner required by this chapter and before
6662      the articles of conversion become effective, the plan may be
6663      abandoned by the domestic corporation without action by its
6664      interest holders in accordance with any procedures set forth in
6665      the plan or, if no such procedures are set forth in the plan, in
6666      the manner determined by the board of directors of the domestic
6667      corporation.
6668              (3)      If a conversion is abandoned after the articles of
6669      conversion have been delivered to the department for filing but
6670      before the articles of conversion have become effective, a
6671      statement of abandonment signed by the converting eligible
6672      entity must be delivered to the department for filing before the
6673      articles of conversion become effective. The statement takes
6674      effect upon filing, and the conversion is deemed abandoned and
6675      may not become effective. The statement of abandonment must

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          CS/HB 797                                                                                             2026




6676      contain:
6677              (a)     The name of the converting eligible entity;
6678              (b)     The date on which the articles of conversion were
6679      filed by the department; and
6680              (c)     A statement that the conversion has been abandoned in
6681      accordance with this section.
6682              Section 119.          Section 617.18046, Florida Statutes, is
6683      created to read:
6684              617.18046         Effect of conversion.—
6685              (1)     When a conversion becomes effective:
6686              (a)     All real property and other property owned by the
6687      converting eligible entity, including any interest therein and
6688      all title thereto, and every contract right and other right
6689      possessed by the converting eligible entity remain the property,
6690      contract rights, and other rights of the converted eligible
6691      entity without transfer, reversion, or impairment;
6692              (b)     All debts, obligations, and other liabilities of the
6693      converting eligible entity remain the debts, obligations, and
6694      other liabilities of the converted eligible entity;
6695              (c)     The name of the converted eligible entity may be
6696      substituted for the name of the converting eligible entity in
6697      any pending action or proceeding;
6698              (d)     If the converted eligible entity is a filing entity, a
6699      domestic corporation, or a domestic or foreign corporation, its
6700      public organic record and its private organic rules become

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          CS/HB 797                                                                                             2026




6701      effective;
6702              (e)      If the converted eligible entity is a nonfiling
6703      entity, its private organic rules become effective;
6704              (f)      If the converted eligible entity is a limited
6705      liability partnership, the filing required to become a limited
6706      liability partnership and its private organic rules become
6707      effective;
6708              (g)      The shares; obligations; eligible interests; other
6709      securities; and rights to acquire shares, obligations, eligible
6710      interests, or other securities of the converting eligible entity
6711      are reclassified into shares; obligations; eligible interests;
6712      other securities; and rights to acquire shares, obligations,
6713      eligible interests, or other securities; or eligible interests,
6714      cash; other property; or any combination of the foregoing, in
6715      accordance with the terms of the conversion, and the members or
6716      interest holders of the converting eligible entity are entitled
6717      only to the rights provided to them by those terms or under the
6718      organic law of the converting eligible entity; and
6719              (h)      The converted eligible entity is:
6720              1.      Deemed to be incorporated or organized under and
6721      subject to the organic law of the converted eligible entity;
6722              2.      Deemed to be the same entity without interruption as
6723      the converting eligible entity; and
6724              3.      Deemed to have been incorporated or otherwise organized
6725      on the date that the converting eligible entity was originally

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          CS/HB 797                                                                                             2026




6726      incorporated or organized.
6727              (2)     Except as otherwise provided in the articles of
6728      incorporation or bylaws of a domestic corporation or the organic
6729      law or organic rules of a domestic or foreign eligible entity
6730      other than a domestic corporation, a member or eligible interest
6731      holder who becomes subject to interest holder liability in
6732      respect of a domestic corporation or domestic or foreign
6733      eligible entity other than a domestic corporation as a result of
6734      the conversion shall have such interest holder liability only in
6735      respect of interest holder liabilities that arise after the
6736      conversion becomes effective.
6737              (3)     Except as otherwise provided in the organic law or the
6738      organic rules of the domestic or foreign eligible entity, the
6739      interest holder liability of an interest holder in a converting
6740      eligible entity that converts to a domestic corporation who had
6741      interest holder liability in respect of such converting eligible
6742      entity before the conversion becomes effective is as follows:
6743              (a)     The conversion does not discharge that prior interest
6744      holder liability with respect to any interest holder liabilities
6745      that arose before the conversion became effective.
6746              (b)     The organic law of the eligible entity continues to
6747      apply to the collection or discharge of any interest holder
6748      liabilities preserved by paragraph (a), as if the conversion had
6749      not occurred.
6750              (c)     The eligible interest holder has such rights of

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          CS/HB 797                                                                                             2026




6751      contribution from other persons as are provided by the organic
6752      law of the eligible entity with respect to any interest holder
6753      liabilities preserved by paragraph (a), as if the conversion had
6754      not occurred.
6755              (d)     The eligible interest holder may not, by reason of
6756      such prior interest holder liability, have interest holder
6757      liability with respect to any interest holder liabilities that
6758      arise after the conversion becomes effective.
6759              (4)     A conversion does not require the converting eligible
6760      entity to wind up its affairs and does not constitute or cause
6761      the dissolution or termination of the entity.
6762              (5)     Property held for charitable purposes under the laws
6763      of this state by a domestic or foreign eligible entity
6764      immediately before a conversion becomes effective may not, as a
6765      result of the conversion, be diverted from the purposes for
6766      which it was donated, granted, devised, or otherwise transferred
6767      except and to the extent permitted by or pursuant to the laws of
6768      this state addressing cy pres or dealing with nondiversion of
6769      charitable assets.
6770              (6)     Any bequest, devise, gift, grant, or promise contained
6771      in a will or other instrument of donation, subscription, or
6772      conveyance which is made to the converting eligible entity and
6773      which takes effect or remains payable after the conversion
6774      inures to the converted eligible entity.
6775              (7)     A trust obligation that would govern property if

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          CS/HB 797                                                                                             2026




6776      transferred to the converting eligible entity applies to
6777      property that is to be transferred to the converted eligible
6778      entity after the conversion becomes effective.
6779              Section 120.           Section 617.2005, Florida Statutes, is
6780      amended to read:
6781              617.2005          Extinct churches and religious societies;
6782      dissolution.—Any church or religious society in this state which
6783      has ceased or failed to maintain religious worship or service,
6784      or to use its property for religious worship or services
6785      according to the tenets, usages, and customs of a church of the
6786      denomination of which it is a member in this state for the space
6787      of 2 consecutive years, or whose membership has so diminished in
6788      numbers or in financial strength as to render it impossible for
6789      such church or society to maintain religious worship or
6790      services, or to protect its property from exposure to waste and
6791      dilapidation for a period of 2 years, shall be extinct. Upon an
6792      action filed by a member of the church or religious society, the
6793      facts being established to the satisfaction of the circuit court
6794      in and for the county in which such church or society has been
6795      situated, an order of such court may be made dissolving the
6796      church or religious society and the property of such church or
6797      society, or the property which may be held in trust for such
6798      church or society, may by court order be transferred to and the
6799      title and possession thereof vested in the denomination of which
6800      such church or society was a member. A copy of the decree of

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          CS/HB 797                                                                                             2026




6801      dissolution must shall be filed with the department of State.
6802              Section 121.           Section 617.2006, Florida Statutes, is
6803      amended to read:
6804              617.2006          Incorporation of labor unions or bodies.—
6805              (1)     Any group or combination of groups of workers or wage
6806      earners, bearing the name labor, organized labor, federation of
6807      labor, brotherhood of labor, union labor, union labor committee,
6808      trade union, trades union, union labor council, building trades
6809      council, building trades union, allied trades union, central
6810      labor body, central labor union, federated trades council, local
6811      union, state union, national union, international union,
6812      district labor council, district labor union, American
6813      Federation of Labor, Florida Federation of Labor, or any
6814      component parts or significant words of such terms, whether the
6815      same be used in juxtaposition or with interspace, may be
6816      incorporated under this chapter act.
6817              (2)(1)       In addition to the requirements of ss. 617.02011
6818      and 617.0202, the articles of incorporation for a labor union or
6819      body must shall set forth the necessity for the incorporation,
6820      shall be subscribed to by not less than five persons, and shall
6821      be acknowledged by all of the subscribers, who shall also make
6822      and subscribe to an oath, to be endorsed on the articles of
6823      incorporation, that it is intended in good faith to carry out
6824      the purposes and objects set forth in the articles of
6825      incorporation. The articles of incorporation shall be filed in

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          CS/HB 797                                                                                             2026




6826      the office of the clerk of the circuit court of the county in
6827      which the labor union or body is organized, and the approval of
6828      the judge of the circuit court shall be obtained.
6829              (2)     The subscribers of the articles of incorporation shall
6830      give notice of their intention to obtain approval thereof by the
6831      circuit judge. Such notice shall state the name of the judge,
6832      the date the articles of incorporation will be presented, and
6833      the general nature and necessity of the articles of
6834      incorporation. Notice shall be published in a newspaper of
6835      general circulation in the county in which the labor union or
6836      body is organized at least once, or posted at the courthouse
6837      door in counties having no newspapers, at least 10 days prior to
6838      the date the articles of incorporation will be presented to the
6839      judge.
6840              (3)     When presented to the judge, the articles of
6841      incorporation shall be accompanied by a petition, signed and
6842      sworn to by the subscribers, stating fully the aims and purposes
6843      of such organization and the necessity therefor.
6844              (4)     Upon the filing of the articles of incorporation and
6845      the petition, and the giving of such notice, the circuit judge
6846      to whom such petition may be addressed shall, upon the date
6847      stated in such notice, take testimony and inquire into the
6848      admissions and purposes of such organization and the necessity
6849      therefor, and upon such hearing, if the circuit judge shall be
6850      satisfied that the allegations set forth in the petition and

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          CS/HB 797                                                                                             2026




6851      articles of incorporation have been substantiated, and shall
6852      find that such organization will not be harmful to the community
6853      in which it proposes to operate, or to the state, and that it is
6854      intended in good faith to carry out the purposes and objects set
6855      forth in the articles of incorporation, and that there is a
6856      necessity therefor, the judge shall approve the articles of
6857      incorporation and endorse his or her approval thereon. Upon the
6858      filing of the articles of incorporation with its endorsements
6859      thereupon with the Department of State and payment of the filing
6860      fees specified in s. 617.0122, the subscribers and their
6861      associates and successors shall be a corporation by the name
6862      given.
6863              (5)     Any person may intervene by filing an answer to the
6864      petition stating his or her reasons, if any, and be heard
6865      thereon, why the circuit judge shall not approve the articles of
6866      incorporation.
6867              (6)     The existence, amendment of the articles of
6868      incorporation, and dissolution of any such corporation shall be
6869      in accordance with this act.
6870              Section 122.          Subsection (7) of section 39.8298, Florida
6871      Statutes, is amended to read:
6872              39.8298       Guardian ad Litem direct-support organization.—
6873              (7)     LIMITS ON DIRECT-SUPPORT ORGANIZATION.—The direct-
6874      support organization shall not exercise any power under s.
6875      617.0302(11) or (15) s. 617.0302(12) or (16). No state employee

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          CS/HB 797                                                                                             2026




6876      shall receive compensation from the direct-support organization
6877      for service on the board of directors or for services rendered
6878      to the direct-support organization.
6879              Section 123.           Paragraph (a) of subsection (2) of section
6880      381.00316, Florida Statutes, is amended to read:
6881              381.00316         Discrimination by governmental and business
6882      entities based on health care choices; prohibition.—
6883              (2)     As used in this section, the term:
6884              (a)     "Business entity" has the same meaning as in s.
6885      606.03. The term also includes a charitable organization as
6886      defined in s. 496.404, a nonprofit corporation not for profit as
6887      defined in s. 617.01401, or any other business operating in this
6888      state.
6889              Section 124.           Subsection (6) of section 605.1025, Florida
6890      Statutes, is amended to read:
6891              605.1025          Articles of merger.—
6892              (6)     A limited liability company is not required to deliver
6893      articles of merger for filing pursuant to subsection (1) if the
6894      limited liability company is named as a merging entity or
6895      surviving entity in articles of merger or a certificate of
6896      merger filed for the same merger in accordance with s. 607.1105,
6897      s. 617.1108, s. 620.2108(3), or s. 620.8918(3), and if such
6898      articles of merger or certificate of merger substantially comply
6899      with the requirements of this section. In such a case, the other
6900      articles of merger or certificate of merger may also be used for

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          CS/HB 797                                                                                             2026




6901      purposes of subsection (5).
6902              Section 125.           Section 617.0102, Florida Statutes, is
6903      amended to read:
6904              617.0102          Reservation of power to amend or repeal.—The
6905      Legislature has the power to amend or repeal all or part of this
6906      chapter act at any time, and all domestic and foreign
6907      corporations subject to this chapter act shall be governed by
6908      the amendment or repeal.
6909              Section 126.           Section 617.0121, Florida Statutes, is
6910      amended to read:
6911              617.0121          Forms.—
6912              (1)     The department of State may prescribe and furnish on
6913      request forms for:
6914              (a)     An application for certificate of status,
6915              (b)     A foreign corporation's application for certificate of
6916      authority to conduct its affairs in the state,
6917              (c)     A foreign corporation's application for certificate of
6918      withdrawal, and
6919              (d)     The annual report, for which the department may
6920      prescribe the use of the uniform business report, pursuant to s.
6921      606.06.
6922
6923      If the department of State so requires, the use of these forms
6924      are shall be mandatory.
6925              (2)     The department of State may prescribe and furnish on

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          CS/HB 797                                                                                             2026




6926      request forms for other documents required or permitted to be
6927      filed by this chapter act, but their use may shall not be
6928      mandatory.
6929              Section 127.           Section 617.0122, Florida Statutes, is
6930      amended to read:
6931              617.0122          Fees for filing documents and issuing
6932      certificates.—The department of State shall collect the
6933      following fees on documents delivered to the department for
6934      filing:
6935              (1)     Articles of incorporation: $35.
6936              (2)     Application for registered name: $87.50.
6937              (3)     Application for renewal of registered name: $87.50.
6938              (4)     Corporation's statement of change of registered agent
6939      or registered office or both if not included on the annual
6940      report: $35.
6941              (5)     Designation of and acceptance by registered agent:
6942      $35.
6943              (6)     Agent's statement of resignation from a corporation
6944      that has not been dissolved: $87.50.
6945              (7)     Agent's statement of resignation from a dissolved
6946      corporation or a composite statement of resignation from two or
6947      more dissolved corporations pursuant to s. 617.05021(1)(b) s.
6948      617.0502(2)(b): $35.
6949              (8)     Amendment of articles of incorporation: $35.
6950              (9)     Restatement of articles of incorporation with

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          CS/HB 797                                                                                             2026




6951      amendment of articles: $35.
6952              (10)        Articles of merger for each party thereto: $35.
6953              (11)        Articles of dissolution: $35.
6954              (12)        Articles of revocation of dissolution: $35.
6955              (13)        Application for reinstatement following
6956      administrative dissolution: $175.
6957              (14)        Application for certificate of authority to transact
6958      business in this state by a foreign corporation: $35.
6959              (15)        Application for amended certificate of authority:
6960      $35.
6961              (16)        Application for certificate of withdrawal by a
6962      foreign corporation: $35.
6963              (17)        Annual report: $61.25.
6964              (18)        Articles of correction: $35.
6965              (19)        Application for certificate of status: $8.75.
6966              (20)        Certified copy of document: $52.50.
6967              (21)        Serving as agent for substitute service of process:
6968      $87.50.
6969              (22)        Certificate of conversion of a limited agricultural
6970      association to a domestic corporation: $35.
6971              (23)        Any other document required or permitted to be filed
6972      by this chapter: $35.
6973
6974      Any citizen support organization that is required by rule of the
6975      Department of Environmental Protection to be formed as a

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          CS/HB 797                                                                                             2026




6976      nonprofit organization and is under contract with the Department
6977      of Environmental Protection department is exempt from any fees
6978      required for incorporation as a nonprofit organization, and the
6979      Secretary of State may not assess any such fees if the citizen
6980      support organization is certified by the Department of
6981      Environmental Protection to the Secretary of State as being
6982      under contract with the Department of Environmental Protection.
6983              Section 128.           Section 617.0125, Florida Statutes, is
6984      amended to read:
6985              617.0125          Filing duties of the department of State.—
6986              (1)     If a document delivered to the department for filing
6987      satisfies the requirements of s. 617.01201, the department shall
6988      file it.
6989              (2)     The department files a document by stamping or
6990      otherwise endorsing "filed," together with the Secretary of
6991      State's official title and the date and time of receipt. After
6992      filing a document, the department shall send a notice of the
6993      filing to the electronic mail address on file for the domestic
6994      or foreign corporation or its representative or send a copy of
6995      the document to the mailing address of such corporation or its
6996      representative. If the record changes the electronic mail
6997      address of the domestic or foreign corporation, the department
6998      must send such notice to the new electronic mail address and to
6999      the most recent prior electronic mail address. If the record
7000      changes the mailing address of the domestic or foreign

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          CS/HB 797                                                                                             2026




7001      corporation, the department must send such notice to the new
7002      mailing address and to the most recent prior mailing address.
7003              (3)     If the department refuses to file a document, it shall
7004      return it to the domestic or foreign corporation or its
7005      representative within 15 days after the document was received
7006      for filing, together with a brief, written explanation of the
7007      reason for refusal.
7008              (4)     The department's duty to file documents under this
7009      section is ministerial. The filing or refusing to file a
7010      document does not:
7011              (a)     Affect the validity or invalidity of the document in
7012      whole or part;
7013              (b)     Relate to the correctness or incorrectness of
7014      information contained in the document; or
7015              (c)     Create a presumption that the document is valid or
7016      invalid or that information contained in the document is correct
7017      or incorrect.
7018              (5)     If not otherwise provided by law and the provisions of
7019      this chapter act, the department shall determine, by rule, the
7020      appropriate format for, number of copies of, manner of execution
7021      of, method of electronic transmission of, and amount of and
7022      method of payment of fees for, any document placed under its
7023      jurisdiction.
7024              Section 129.          Section 617.02011, Florida Statutes, is
7025      amended to read:

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          CS/HB 797                                                                                             2026




7026              617.02011         Incorporators.—One or more persons may act as
7027      the incorporator or incorporators of a corporation by delivering
7028      articles of incorporation to the department of State for filing.
7029              Section 130.           Subsection (2) of section 617.0203, Florida
7030      Statutes, is amended to read:
7031              617.0203          Incorporation.—
7032              (2)     The department's Department of State's filing of the
7033      articles of incorporation, and the original recorded charter or
7034      certified copy of the charter of a corporation which has not
7035      been reincorporated under s. 617.0901, is conclusive proof that
7036      the incorporators satisfied all conditions precedent to
7037      incorporation and that the corporation has been incorporated
7038      under this chapter act, except in a proceeding by the state to
7039      cancel or revoke the incorporation or involuntarily dissolve the
7040      corporation.
7041              Section 131.           Subsection (2) of section 617.0205, Florida
7042      Statutes, is amended to read:
7043              617.0205          Organizational meeting of directors.—
7044              (2)     Action required or permitted by this chapter act to be
7045      taken by incorporators or directors at an organizational meeting
7046      may be taken without a meeting if the action taken is evidenced
7047      by one or more written consents describing the action taken and
7048      signed by each incorporator or director.
7049              Section 132.           Section 617.0301, Florida Statutes, is
7050      amended to read:

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          CS/HB 797                                                                                             2026




7051              617.0301          Purposes and application.—Corporations may be
7052      organized under this chapter act for any lawful purpose or
7053      purposes not for pecuniary profit and not specifically
7054      prohibited to corporations under other laws of this state. Such
7055      purposes include, without limitation, charitable, benevolent,
7056      eleemosynary, educational, historical, civic, patriotic,
7057      political, religious, social, fraternal, literary, cultural,
7058      athletic, scientific, agricultural, horticultural, animal
7059      husbandry, and professional, commercial, industrial, or trade
7060      association purposes. If special provisions are made, by law,
7061      for the organization of designated classes of nonprofit
7062      corporations not for profit, such corporations must shall be
7063      formed under such provisions and not under this chapter act.
7064              Section 133.           Subsection (2) of section 617.0504, Florida
7065      Statutes, is amended to read:
7066              617.0504          Serving process, giving notice, or making a
7067      demand on a corporation.—
7068              (2)     Any notice to or demand on a corporation made pursuant
7069      to this chapter act may be made to the chair of the board, the
7070      president, any vice president, the secretary, the treasurer, the
7071      registered agent of the corporation at the registered office of
7072      the corporation in this state, or any address in this state that
7073      is in fact the principal office of the corporation in this
7074      state.
7075              Section 134.           Section 617.0806, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7076      amended to read:
7077              617.0806          Staggered terms for directors.—The articles of
7078      incorporation or bylaws may provide that directors be divided
7079      into classes. Each director shall hold office for the term to
7080      which such director he or she is elected or appointed and until
7081      such director's his or her successor has been elected or
7082      appointed and qualified or until such director's his or her
7083      earlier resignation, removal from office, or death.
7084              Section 135.           Subsection (4) of section 617.0824, Florida
7085      Statutes, is amended to read:
7086              617.0824          Quorum and voting.—
7087              (4)     A director of a corporation who is present at a
7088      meeting of the board of directors or a committee of the board of
7089      directors when corporate action is taken is deemed to have
7090      assented to the action taken unless:
7091              (a)     The director objects, at the beginning of the meeting
7092      or promptly upon such director's his or her arrival, to holding
7093      the meeting or transacting specified affairs at the meeting; or
7094              (b)     The director votes against or abstains from the action
7095      taken.
7096              Section 136.           Subsections (3), (4), and (7) of section
7097      617.0825, Florida Statutes, are amended to read:
7098              617.0825          Board committees and advisory committees.—
7099              (3)     To the extent provided by the board of directors in a
7100      resolution or in the articles of incorporation or the bylaws of

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          CS/HB 797                                                                                             2026




7101      the corporation, each such committee has shall have and may
7102      exercise powers and authority of the board of directors, except
7103      that no such committee does not shall have the power or
7104      authority to:
7105              (a)     Approve or recommend to members actions or proposals
7106      required by this chapter act to be approved by members.
7107              (b)     Fill vacancies on the board of directors or any
7108      committee thereof.
7109              (c)     Adopt, amend, or repeal the bylaws.
7110              (4)     Unless the articles of incorporation or the bylaws
7111      provide otherwise, ss. 617.0820, 617.0823, and 617.0824 ss.
7112      617.0820, 617.0822, 617.0823, and 617.0824, which govern
7113      meetings, notice and waiver of notice, and quorum and voting
7114      requirements of the board of directors, apply to committees and
7115      their members as well.
7116              (7)     Neither The designation of any such committee, the
7117      delegation thereto of authority, or nor action by such committee
7118      pursuant to such authority does not shall alone constitute
7119      compliance by any member of the board of directors not a member
7120      of the committee in question with such member's his or her
7121      responsibility to act in good faith, in a manner such member he
7122      or she reasonably believes to be in the best interests of the
7123      corporation, and with such care as an ordinarily prudent person
7124      in a like position would use under similar circumstances.
7125              Section 137.          Section 617.0831, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7126      amended to read:
7127              617.0831          Indemnification and liability of officers,
7128      directors, employees, and agents.— Sections Except as provided
7129      in s. 617.0834, s. 607.0831 and ss. 607.0850-607.0859 apply to a
7130      corporation organized under this chapter act and a rural
7131      electric cooperative organized under chapter 425. Any reference
7132      to "directors" in those sections includes the directors,
7133      managers, or trustees of a corporation organized under this
7134      chapter act or of a rural electric cooperative organized under
7135      chapter 425. However, the term "director" as used in s. 607.0831
7136      and ss. 607.0850-607.0859 does not include a director appointed
7137      by the developer to the board of directors of a condominium
7138      association under chapter 718, a cooperative association under
7139      chapter 719, a homeowners' association defined in s. 720.301, or
7140      a timeshare managing entity under chapter 721. Any reference to
7141      "shareholders" in those sections includes members of a
7142      corporation organized under this chapter act and members of a
7143      rural electric cooperative organized under chapter 425.
7144              Section 138.           Section 617.0901, Florida Statutes, is
7145      amended to read:
7146              617.0901          Reincorporation.—
7147              (1)     Any corporation which has a charter approved by a
7148      circuit judge under former chapter 617, Florida Statutes (1989),
7149      or a charter granted by the Legislature of this state, on or
7150      prior to September 1, 1959, the effective date of chapter 59-

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          CS/HB 797                                                                                             2026




7151      427, Laws of Florida, may reincorporate under this chapter act
7152      by filing with the department of State a copy of its charter and
7153      all amendments thereto, certified by the clerk of the circuit
7154      court of the county wherein recorded, as to charters and
7155      amendments granted by circuit judges, and by the department of
7156      State, as to legislative charters, together with a certificate
7157      containing the provisions required in original articles of
7158      incorporation by s. 617.0202, and accepting the provisions of
7159      this chapter act.
7160              (2)     A certificate of reincorporation must be executed in
7161      accordance with s. 617.01201, and it must show that its issuance
7162      was duly authorized by a meeting of its members regularly
7163      called, or if there are no members entitled to vote on
7164      reincorporation, by a meeting of its board of directors. Upon
7165      the filing of a certificate of reincorporation in accordance
7166      with s. 617.01201, the corporation is shall be deemed to be
7167      incorporated under this chapter act and the certificate
7168      constitutes shall constitute its articles of incorporation.
7169              (3)     The corporation shall then be entitled to and be
7170      possessed of all the privileges, franchises, and powers as if
7171      originally incorporated under this chapter act, and all the
7172      properties, rights, and privileges belonging to the corporation
7173      before prior to reincorporation, which were acquired by gift,
7174      grant, conveyance, assignment, or otherwise are hereby ratified,
7175      approved, confirmed, and assured to the corporation with like

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          CS/HB 797                                                                                             2026




7176      effect and to all intents and purposes as if they had been
7177      originally acquired pursuant to incorporation under this chapter
7178      act. However, any corporation reincorporating under this chapter
7179      is act shall be subject to all the contracts, duties, and
7180      obligations resting upon the corporation before prior to
7181      reincorporation or to which the corporation is shall then be in
7182      any way liable.
7183              Section 139.           Subsection (2) of section 617.1008, Florida
7184      Statutes, is amended to read:
7185              617.1008          Amendment pursuant to reorganization.—
7186              (2)     The individual or individuals designated by the court
7187      shall deliver to the department of State for filing articles of
7188      amendment setting forth:
7189              (a)     The name of the corporation;
7190              (b)     The text of each amendment approved by the court;
7191              (c)     The date of the court's order or decree approving the
7192      articles of amendment;
7193              (d)     The title of the reorganization proceeding in which
7194      the order or decree was entered; and
7195              (e)     A statement that the court had jurisdiction of the
7196      proceeding under federal or state law.
7197              Section 140.           Section 617.1009, Florida Statutes, is
7198      amended to read:
7199              617.1009          Effect of amendment.—An amendment to articles of
7200      incorporation does not affect a cause of action existing against

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          CS/HB 797                                                                                             2026




7201      or in favor of the corporation, a proceeding to which the
7202      corporation is a party, or the existing rights of persons other
7203      than members of the corporation. An amendment changing a
7204      corporation's name does not affect abate a proceeding brought by
7205      or against the corporation in its former name.
7206              Section 141.           Subsection (3) of section 617.1404, Florida
7207      Statutes, is amended to read:
7208              617.1404          Revocation of dissolution.—
7209              (3)     After the revocation of dissolution is authorized, the
7210      corporation may revoke the dissolution by delivering to the
7211      department of State for filing articles of revocation of
7212      dissolution, together with a copy of its articles of
7213      dissolution, that set forth:
7214              (a)     The name of the corporation;
7215              (b)     The effective date of the dissolution that was
7216      revoked;
7217              (c)     The date that the revocation of dissolution was
7218      authorized;
7219              (d)     If the corporation's board of directors revoked a
7220      dissolution authorized by the members, a statement that
7221      revocation was permitted by action by the board of directors
7222      alone pursuant to that authorization; and
7223              (e)     If member action was required to revoke the
7224      dissolution, the information required by s. 617.1403(1)(b) or
7225      (c), whichever is applicable.

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          CS/HB 797                                                                                             2026




7226              Section 142.           Subsection (1) of section 617.1422, Florida
7227      Statutes, is amended, and subsection (4) of that section is
7228      reenacted, to read:
7229              617.1422          Reinstatement following administrative
7230      dissolution.—
7231              (1)     A corporation administratively dissolved under s.
7232      617.1421 may apply to the department for reinstatement at any
7233      time after the effective date of dissolution. The corporation
7234      must submit a reinstatement form prescribed and furnished by the
7235      department or a current uniform business annual report signed by
7236      a registered agent and an officer or director and submit all
7237      fees owed by the corporation and computed at the rate provided
7238      by law at the time the corporation applies for reinstatement.
7239              (4)     The name of the dissolved corporation is not available
7240      for assumption or use by another corporation until 1 year after
7241      the effective date of dissolution unless the dissolved
7242      corporation provides the department with an affidavit executed
7243      pursuant to s. 617.01201 authorizing the immediate assumption or
7244      use of the name by another corporation.
7245              Section 143.           Subsections (2) and (3) of section 617.1423,
7246      Florida Statutes, are amended to read:
7247              617.1423          Appeal from denial of reinstatement.—
7248              (2)     After exhaustion of administrative remedies, the
7249      corporation may appeal the denial of reinstatement to the
7250      appropriate court as provided in s. 120.68 within 30 days after

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          CS/HB 797                                                                                             2026




7251      service of the notice of denial is perfected. The corporation
7252      appeals by petitioning the court to set aside the dissolution
7253      and attaching to the petition copies of the department's
7254      department of State's certificate of dissolution, the
7255      corporation's application for reinstatement, and the
7256      department's notice of denial.
7257              (3)     The court may summarily order the department of State
7258      to reinstate the dissolved corporation or may take other action
7259      the court considers appropriate.
7260              Section 144.           Subsection (1) of section 617.1501, Florida
7261      Statutes, is amended to read:
7262              617.1501          Authority of foreign corporation to conduct
7263      affairs required.—
7264              (1)     A foreign corporation may not conduct its affairs in
7265      this state until it obtains a certificate of authority from the
7266      department of State.
7267              Section 145.           Subsection (2) of section 617.1510, Florida
7268      Statutes, is amended to read:
7269              617.1510          Serving process, giving notice, or making a
7270      demand on a foreign corporation.—
7271              (2)     Any notice to or demand on a foreign corporation made
7272      pursuant to this chapter act may be made in accordance with the
7273      procedures for notice to or demand on domestic corporations
7274      under s. 617.0504.
7275              Section 146.           Section 617.1606, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7276      amended to read:
7277              617.1606          Access to records.—Sections 617.1601-617.16051
7278      617.1601-617.1605 do not apply to a corporation that is an
7279      association, as defined in s. 720.301, or a corporation
7280      regulated under chapter 718 or chapter 719.
7281              Section 147.           Paragraphs (a), (b), (d), and (e) of
7282      subsection (1) of section 617.1623, Florida Statutes, are
7283      amended, to read:
7284              617.1623          Corporate information available to the public;
7285      application to corporations incorporated by circuit courts and
7286      by special act of the Legislature.—
7287              (1)(a)       Each corporation incorporated in this state shall
7288      maintain a registered agent and registered office in accordance
7289      with s. 617.0501, and current information regarding the
7290      corporations incorporated in this state must shall be readily
7291      available to the public. At a minimum, such information must
7292      include the text of the charter or articles of incorporation and
7293      all amendments thereto, the name of the corporation, the date of
7294      incorporation, the street address of the principal office of the
7295      corporation, the corporation's federal employer identification
7296      number, the name and business street address of each officer,
7297      the name and business street address of each director, the name
7298      of its registered agent, and the street address of its
7299      registered office.
7300              (b)     Any corporation which has a charter approved by a

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          CS/HB 797                                                                                             2026




7301      circuit judge under former chapter 617, Florida Statutes 1989,
7302      or a charter granted by the Legislature on or before September
7303      1, 1959, the effective date of chapter 59-427, Laws of Florida,
7304      must file with the department of State, not later than July 1,
7305      1992, a copy of its charter and all amendments thereto,
7306      certified by the clerk of the circuit court of the county
7307      wherein recorded, together with a registration containing the
7308      provisions required in paragraph (a), as to charters and
7309      amendments granted by circuit judges, and by the department of
7310      State, as to legislative charters, and the corporation
7311      thereafter is shall be subject to the requirements of ss.
7312      617.0501 and 617.1622.
7313              (d)     Any corporation dissolved pursuant to paragraph (c)
7314      shall be reinstated upon application to the department of State,
7315      signed by an officer or director thereof, accompanied by a copy
7316      of its charter and all amendments thereto, certified by the
7317      clerk of the circuit court of the county wherein recorded, as to
7318      charters and amendments granted by circuit judges, and by the
7319      department of State, as to legislative charters, together with a
7320      registration containing the provisions required in paragraph
7321      (a), and the payment of all fees due from the time of
7322      dissolution computed at the rate provided by law at the time the
7323      corporation applies for reinstatement.
7324              (e)     Whenever the application for reinstatement is approved
7325      and filed by the department of State, the corporate existence is

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          CS/HB 797                                                                                             2026




7326      shall be deemed to have continued without interruption from the
7327      date of dissolution. The reinstatement terminates any personal
7328      liability of the directors, officers, or agents of the
7329      corporation incurred on account of actions taken during the
7330      period between dissolution and reinstatement. Upon
7331      reinstatement, the corporation is shall be subject to the
7332      requirements of ss. 617.0501 and 617.1622.
7333              Section 148.           Section 617.1701, Florida Statutes, is
7334      amended to read:
7335              617.1701          Application to existing domestic corporation.—
7336      This chapter act applies to all domestic corporations in
7337      existence on July 1, 1991, that were incorporated under any
7338      general statute of this state providing for incorporation of
7339      nonprofit corporations not for profit if power to amend or
7340      repeal the statute under which the corporation was incorporated
7341      was reserved.
7342              Section 149.           Section 617.1702, Florida Statutes, is
7343      amended to read:
7344              617.1702          Application to qualified foreign corporations.—A
7345      foreign corporation authorized to conduct its affairs in this
7346      state on July 1, 1991, is subject to this chapter act but is not
7347      required to obtain a new certificate of authority to conduct its
7348      affairs under this chapter act.
7349              Section 150.           Subsection (2) of section 617.1703, Florida
7350      Statutes, is amended to read:

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          CS/HB 797                                                                                             2026




7351              617.1703          Application of chapter.—
7352              (2)     Sections The provisions of ss. 617.0605-617.0608 do
7353      not apply to corporations regulated by any of the foregoing
7354      chapters or to any other corporation where membership in the
7355      corporation is required pursuant to a document recorded in the
7356      county's official county property records.
7357              Section 151.           Section 617.1711, Florida Statutes, is
7358      amended to read:
7359              617.1711          Application to foreign and interstate commerce.—
7360      The provisions of This chapter applies act apply to commerce
7361      with foreign nations and among the several states only insofar
7362      as such commerce may be permitted under the Constitution and
7363      laws of the United States.
7364              Section 152.           Section 617.1808, Florida Statutes, is
7365      amended to read:
7366              617.1808          Application of chapter act to corporation
7367      converted to nonprofit corporation not for profit.—All the
7368      provisions of This chapter act relating to corporations not for
7369      profit, except insofar as they are inconsistent with ss.
7370      617.1804-617.18046, apply ss. 617.1805, 617.1806, and 617.1807,
7371      shall be applicable to any for profit corporation whose
7372      character has been changed under ss. 617.1804-617.18046 ss.
7373      617.1805, 617.1806, and 617.1807 and shall henceforth govern
7374      such corporation.
7375              Section 153.           Section 617.1809, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7376      amended to read:
7377              617.1809          Limited agricultural association; conversion to a
7378      domestic corporation not for profit.—
7379              (1)     As used in this section, the term "limited
7380      agricultural association" or "association" means a limited
7381      agricultural association formed under ss. 604.09-604.14.
7382              (2)     A limited agricultural association may convert to a
7383      domestic corporation not for profit by filing the following
7384      documents with the department in accordance with s. 617.01201:
7385              (a)     A certificate of conversion, which must be executed by
7386      a person authorized in s. 617.01201(6) and such other persons
7387      that may be required in the association's articles of
7388      association or bylaws.
7389              (b)     Articles of incorporation, which must comply with s.
7390      617.0202 and be executed by a person authorized in s.
7391      617.01201(6).
7392              (3)     The certificate of conversion must include:
7393              (a)     The date upon which the association was initially
7394      formed under ss. 604.09-604.14.
7395              (b)     The name of the association immediately before filing
7396      the certificate of conversion.
7397              (c)     The name of the domestic corporation as set forth in
7398      its articles of incorporation.
7399              (d)     The effective date of the conversion. If the
7400      conversion does not take effect upon filing the certificate of

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          CS/HB 797                                                                                             2026




7401      conversion and articles of incorporation, the delayed effective
7402      date for the conversion, subject to the limitation in s.
7403      617.0123(1) s. 617.0123(2), must be a date certain and the same
7404      as the effective date of the articles of incorporation.
7405              (4)     When the certificate of conversion and articles of
7406      incorporation are filed with the department, or upon the delayed
7407      effective date, the association is converted to the domestic
7408      corporation, and the corporation becomes subject to this
7409      chapter. However, notwithstanding s. 617.0123, the existence of
7410      the corporation is deemed to have commenced when the association
7411      was initially formed under ss. 604.09-604.14.
7412              (5)     Conversion of a limited agricultural association to a
7413      domestic corporation does not affect any obligation or liability
7414      of the association that was incurred before the conversion.
7415              (6)     When a conversion takes effect under this section, all
7416      rights, privileges, and powers of the converting association,
7417      all property, real, personal, and mixed, and all debts due to
7418      the association, as well as all other assets and causes of
7419      action belonging to the association, are vested in the domestic
7420      corporation to which the association is converted and are the
7421      property of the corporation as they were of the association. The
7422      title to any real property that is vested by deed or otherwise
7423      in the converting association does not revert and is not
7424      impaired by the operation of this chapter, but all rights of
7425      creditors and all liens upon any property of the association are

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          CS/HB 797                                                                                             2026




7426      preserved unimpaired, and all debts, liabilities, and duties of
7427      the association attach to the domestic corporation and are
7428      enforceable against it to the same extent as if the debts,
7429      liabilities, and duties had been incurred or contracted by the
7430      corporation.
7431              (7)     The limited agricultural association is not required
7432      to wind up its affairs or pay its liabilities and distribute its
7433      assets. Conversion does not constitute a dissolution of the
7434      association but is a continuation of the association's existence
7435      in the form of the domestic corporation.
7436              (8)     Before a limited agricultural association may file a
7437      certificate of conversion with the department, unless otherwise
7438      specified in the association's articles of association or
7439      bylaws, the conversion must be approved by a majority vote of
7440      the association's members, and the articles of incorporation
7441      must be approved by the same authorization required for approval
7442      of the conversion. As part of the approval, the converting
7443      association may provide a plan or other record of conversion
7444      which describes the manner and basis of converting the
7445      membership interests in the association into membership
7446      interests in the domestic corporation. The plan or other record
7447      may also contain other provisions relating to the conversion,
7448      including, but not limited to, the right of the converting
7449      association to abandon the proposed conversion or an effective
7450      date for the conversion that is consistent with paragraph

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          CS/HB 797                                                                                             2026




7451      (3)(d).
7452              Section 154.           Section 617.1904, Florida Statutes, is
7453      amended to read:
7454              617.1904          Estoppel.—A No body of persons acting as a
7455      corporation may not shall be permitted to set up the lack of
7456      legal organization as a defense to an action against them as a
7457      corporation, nor may shall any person sued on a contract made
7458      with the corporation or sued for an injury to its property or a
7459      wrong done to its interests be permitted to set up the lack of
7460      such legal organization in such person's his or her defense.
7461              Section 155.           Subsection (2) of section 617.1907, Florida
7462      Statutes, is amended to read:
7463              617.1907          Effect of repeal or amendment of prior acts.—
7464              (2)     If a penalty or punishment imposed for violation of a
7465      statute repealed or amended by this chapter is reduced by this
7466      chapter act, the penalty or punishment if not already imposed
7467      shall be imposed in accordance with this chapter.
7468              Section 156.           Section 617.1908, Florida Statutes, is
7469      amended to read:
7470              617.1908          Applicability of Florida Business Corporation
7471      Act.—Except as made applicable by specific reference in any
7472      other section of this chapter, part I of chapter 607, the
7473      Florida Business Corporation Act, does not apply to any
7474      nonprofit corporations not for profit.
7475              Section 157.           Section 617.2001, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7476      amended to read:
7477              617.2001          Corporations which may be incorporated hereunder;
7478      incorporation of certain medical services corporations.—
7479              (1)     Corporations may be organized and incorporated under
7480      this chapter act for any one or more lawful purposes not for
7481      pecuniary profit. However, nonprofit corporations not for profit
7482      which may be incorporated under any other law of this state
7483      governing particular types of corporations may not be
7484      incorporated under this chapter act.
7485              (2)     A nonprofit corporation not for profit organized
7486      before prior to December 1, 1987, pursuant to the provisions of
7487      chapter 85-56, Laws of Florida, or to the provisions of s. 2,
7488      chapter 87-296, Laws of Florida, may conduct the practice of
7489      medicine, conduct programs of medical education, and carry on
7490      major medical research efforts.
7491              Section 158.           Section 617.2002, Florida Statutes, is
7492      amended to read:
7493              617.2002          Nonprofit corporation not for profit organized
7494      pursuant to s. 2, ch. 87-296; requirements.—A nonprofit
7495      corporation not for profit organized pursuant to the provisions
7496      of s. 2, chapter 87-296, Laws of Florida, must meet the
7497      following requirements:
7498              (1)     At least 25 percent of its physicians must have a
7499      full-time contract for the provision of medical services with
7500      the corporation, be currently certified as specialists by the

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          CS/HB 797                                                                                             2026




7501      appropriate American specialty boards accredited by the Council
7502      on Medical Education of the American Medical Association, and
7503      have clinical privileges at one or more hospitals in this state.
7504              (2)     A hospital owned by a corporation organized pursuant
7505      to s. 2, chapter 87-296, Laws of Florida, must provide Medicaid
7506      and charity care.
7507              Section 159.           Section 617.2003, Florida Statutes, is
7508      amended to read:
7509              617.2003          Proceedings to revoke articles of incorporation
7510      or charter or prevent its use.—If any member or citizen
7511      complains to the Department of Legal Affairs that any
7512      corporation organized under this chapter act was organized or is
7513      being used as a cover to evade any of the laws against crime, or
7514      for purposes inconsistent with those stated in its articles of
7515      incorporation or charter, or that an officer or director of a
7516      corporation has participated in a sale or transaction that is
7517      affected by a conflict of interest or from which the officer or
7518      director he or she derived an improper personal benefit, either
7519      directly or indirectly, and submits shall submit prima facie
7520      evidence to sustain such charge, together with sufficient money
7521      to cover court costs and expenses, the department shall
7522      institute and in due course prosecute to final judgment such
7523      legal or equitable proceedings as may be considered advisable
7524      either to revoke the articles of incorporation or charter, to
7525      prevent its improper use, or to recover on behalf of the

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          CS/HB 797                                                                                             2026




7526      corporation or its unknown beneficiaries any profits improperly
7527      received by the corporation or its officers or directors.
7528              Section 160.           Section 617.2007, Florida Statutes, is
7529      amended to read:
7530              617.2007          Sponge packing and marketing corporations.—
7531      Persons engaged in the business of buying, selling, packing, and
7532      marketing commercial sponges may incorporate under this chapter
7533      act to aid in facilitating the orderly cooperative buying,
7534      selling, packing, and marketing of commercial sponges. Such
7535      association is not a combination in restraint of trade or an
7536      illegal monopoly or an attempt to lessen competition or fix
7537      prices arbitrarily, and any marketing contract or agreement by
7538      the corporation and its members, or the exercise of any power
7539      granted by this chapter act is not illegal or in restraint of
7540      trade.
7541              Section 161.           Section 617.2101, Florida Statutes, is
7542      amended to read:
7543              617.2101          Corporation authorized to act as trustee.—Any
7544      corporation, organized under this chapter act, may act as
7545      trustee of property whenever the corporation has either a
7546      beneficial, contingent, or remainder interest in such property.
7547      Any corporation may accept and hold the legal title to property,
7548      the beneficial interest of which is owned by any other
7549      eleemosynary institution or nonprofit corporation or fraternal,
7550      benevolent, charitable, or religious society or association.

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          CS/HB 797                                                                                             2026




7551              Section 162.           Subsection (1) of section 617.221, Florida
7552      Statutes, is amended to read:
7553              617.221       Membership associations.—
7554              (1)     As used in this section, the term "membership
7555      association" means a nonprofit not-for-profit corporation,
7556      including a department or division of such corporation, the
7557      majority of whose board members are constitutional officers who,
7558      pursuant to s. 1001.32(2), operate, control, and supervise
7559      public entities that receive annual state appropriations through
7560      a statutorily defined formulaic allocation that is funded and
7561      prescribed annually in the General Appropriations Act or the
7562      substantive bill implementing the annual appropriations act. The
7563      term does not include a labor organization as defined in s.
7564      447.02 or an entity funded through the Justice Administrative
7565      Commission.
7566              Section 163.           Subsection (3) of section 620.2108, Florida
7567      Statutes, is amended to read:
7568              620.2108          Filings required for merger; effective date.—
7569              (3)     Each constituent limited partnership shall deliver the
7570      certificate of merger for filing in the Department of State
7571      unless the constituent limited partnership is named as a party
7572      or constituent organization in articles of merger or a
7573      certificate of merger filed for the same merger in accordance
7574      with s. 605.1025, s. 607.1105, s. 617.1108, or s. 620.8918(1)
7575      and (2) and such articles of merger or certificate of merger

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          CS/HB 797                                                                                             2026




7576      substantially complies with the requirements of this section. In
7577      such a case, the other articles of merger or certificate of
7578      merger may also be used for purposes of s. 620.2109(3).
7579              Section 164.           Subsection (3) of section 620.8918, Florida
7580      Statutes, is amended to read:
7581              620.8918          Filings required for merger; effective date.—
7582              (3)     Each domestic constituent partnership shall deliver
7583      the certificate of merger for filing with the Department of
7584      State, unless the domestic constituent partnership is named as a
7585      party or constituent organization in articles of merger or a
7586      certificate of merger filed for the same merger in accordance
7587      with s. 605.1025, s. 607.1105, s. 617.1108, or s. 620.2108(3).
7588      The articles of merger or certificate of merger must
7589      substantially comply with the requirements of this section. In
7590      such a case, the other articles of merger or certificate of
7591      merger may also be used for purposes of s. 620.8919(3). Each
7592      domestic constituent partnership in the merger shall also file a
7593      registration statement in accordance with s. 620.8105(1) if it
7594      does not have a currently effective registration statement filed
7595      with the Department of State.
7596              Section 165.           Paragraph (b) of subsection (1) and
7597      subsections (5), (8), and (9) of section 628.910, Florida
7598      Statutes, are amended to read:
7599              628.910       Incorporation options and requirements.—
7600              (1)     A pure captive insurance company may be:

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          CS/HB 797                                                                                             2026




7601              (b)     Incorporated as a public benefit, mutual benefit, or
7602      religious nonprofit corporation with members in accordance with
7603      the Florida Nonprofit Not For Profit Corporation Act.
7604              (5)     The articles of incorporation, the certificate issued
7605      pursuant to this section, and the organization fees required by
7606      the Florida Business Corporation Act or the Florida Nonprofit
7607      Not For Profit Corporation Act, as applicable, must be
7608      transmitted to the Secretary of State, who must record the
7609      articles of incorporation and the certificate.
7610              (8)     A captive insurance company formed as a corporation or
7611      a nonprofit corporation, pursuant to the provisions of this
7612      chapter, has the privileges and is subject to the provisions of
7613      the general corporation law, including the Florida Nonprofit Not
7614      For Profit Corporation Act for nonprofit corporations, as
7615      applicable, as well as the applicable provisions contained in
7616      this chapter. If a conflict occurs between a provision of the
7617      general corporation law, including the Florida Nonprofit Not For
7618      Profit Corporation Act for nonprofit corporations, as
7619      applicable, and a provision of this chapter, the latter
7620      controls. The provisions of this title pertaining to mergers,
7621      consolidations, conversions, mutualizations, and
7622      redomestications apply in determining the procedures to be
7623      followed by a captive insurance company in carrying out any of
7624      the transactions described in such provisions, except that the
7625      office may waive or modify the requirements for public notice

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          CS/HB 797                                                                                             2026




7626      and hearing in accordance with rules the office may adopt
7627      addressing categories of transactions. If a notice of public
7628      hearing is required, but no one requests a hearing, the office
7629      may cancel the hearing.
7630              (9)     The articles of incorporation or bylaws of a captive
7631      insurance company may authorize a quorum of a board of directors
7632      to consist of no fewer than one-third of the fixed or prescribed
7633      number of directors as provided for by the Florida Business
7634      Corporation Act or the Florida Nonprofit Not For Profit
7635      Corporation Act.
7636              Section 166.          Paragraph (a) of subsection (2) of section
7637      768.38, Florida Statutes, is amended to read:
7638              768.38       Liability protections for COVID-19-related claims.—
7639              (2)     As used in this section, the term:
7640              (a)     "Business entity" has the same meaning as provided in
7641      s. 606.03. The term also includes a charitable organization as
7642      defined in s. 496.404 and a nonprofit corporation not for profit
7643      as defined in s. 617.01401.
7644              Section 167.          Paragraph (f) of subsection (15) of section
7645      893.055, Florida Statutes, is amended to read:
7646              893.055       Prescription drug monitoring program.—
7647              (15)        The department may establish a direct-support
7648      organization to provide assistance, funding, and promotional
7649      support for the activities authorized for the prescription drug
7650      monitoring program.

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          CS/HB 797                                                                                             2026




7651              (f)     The direct-support organization may not exercise any
7652      power under s. 617.0302(11) or (15) s. 617.0302(12) or (16).
7653              Section 168.          Section 617.07401, Florida Statutes, is
7654      repealed.
7655              Section 169.          Section 617.0822, Florida Statutes, is
7656      repealed.
7657              Section 170.          Section 617.1108, Florida Statutes, is
7658      repealed.
7659              Section 171.          Section 617.1301, Florida Statutes, is
7660      repealed.
7661              Section 172.          Section 617.1302, Florida Statutes, is
7662      repealed.
7663              Section 173.          Section 617.1531, Florida Statutes, is
7664      repealed.
7665              Section 174.          Section 617.1533, Florida Statutes, is
7666      repealed.
7667              Section 175.          Section 617.1803, Florida Statutes, is
7668      repealed.
7669              Section 176.          Section 617.1805, Florida Statutes, is
7670      repealed.
7671              Section 177.          Section 617.1806, Florida Statutes, is
7672      repealed.
7673              Section 178.          Section 617.1807, Florida Statutes, is
7674      repealed.
7675              Section 179.          Section 617.2102, Florida Statutes, is

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          CS/HB 797                                                                                             2026




7676      repealed.
7677               Section 180.          For the purpose of incorporating the
7678      amendment made by this act to sections 617.01201 and 617.1006,
7679      Florida Statutes, in references thereto, subsection (3) of
7680      section 617.1007, Florida Statutes, is reenacted to read:
7681               617.1007         Restated articles of incorporation.—
7682               (3)     A corporation restating its articles of incorporation
7683      shall deliver to the department for filing articles of
7684      restatement, executed in accordance with s. 617.01201, setting
7685      forth the name of the corporation and the text of the restated
7686      articles of incorporation together with a certificate setting
7687      forth:
7688               (a)     Whether the restatement contains an amendment to the
7689      articles of incorporation requiring member approval and, if it
7690      does not, that the board of directors adopted the restatement;
7691      or
7692               (b)     If the restatement contains an amendment to the
7693      articles of incorporation requiring member approval, the
7694      information required by s. 617.1006.
7695               Section 181.          For the purpose of incorporating the
7696      amendment made by this act to section 617.0302, Florida
7697      Statutes, in a reference thereto, paragraph (a) of subsection
7698      (5) of section 295.21, Florida Statutes, is reenacted to read:
7699               295.21      Florida Is For Veterans, Inc.—
7700               (5)     POWERS.—In addition to the powers and duties

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          CS/HB 797                                                                                             2026




7701      prescribed in chapter 617 and the articles and bylaws adopted
7702      thereunder, the board of directors may:
7703              (a)     Make and enter into contracts and other instruments
7704      necessary or convenient for the exercise of its powers and
7705      functions. However, notwithstanding s. 617.0302, the corporation
7706      may not issue bonds.
7707
7708      The credit of the State of Florida may not be pledged on behalf
7709      of the corporation.
7710              Section 182.          For the purpose of incorporating the
7711      amendment made by this act to section 617.0830, Florida
7712      Statutes, in a reference thereto, paragraph (b) of subsection
7713      (4) of section 409.987, Florida Statutes, is reenacted to read:
7714              409.987       Lead agency procurement; boards; conflicts of
7715      interest.—
7716              (4)     In order to serve as a lead agency, an entity must:
7717              (b)     Be governed by a board of directors or a board
7718      committee composed of board members. Board members shall provide
7719      oversight and ensure accountability and transparency for the
7720      system of care. The board of directors shall provide fiduciary
7721      oversight to prevent conflicts of interest, promote
7722      accountability and transparency, and protect state and federal
7723      funding from misuse. The board of directors shall act in
7724      accordance with s. 617.0830. The membership of the board of
7725      directors or board committee must be described in the bylaws or

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          CS/HB 797                                                                                             2026




7726      articles of incorporation of each lead agency, which must
7727      provide that at least 75 percent of the membership of the board
7728      of directors or board committee must be composed of persons
7729      residing in this state, and at least 51 percent of the state
7730      residents on the board of directors must reside within the
7731      service area of the lead agency. The lead agency shall ensure
7732      that board members participate in annual training related to
7733      their responsibilities. The department shall set forth minimum
7734      training criteria in the contracts with the lead agencies.
7735      However, for procurements of lead agency contracts initiated on
7736      or after July 1, 2014:
7737              1.      At least 75 percent of the membership of the board of
7738      directors must be composed of persons residing in this state,
7739      and at least 51 percent of the membership of the board of
7740      directors must be composed of persons residing within the
7741      service area of the lead agency. If a board committee governs
7742      the lead agency, 100 percent of its membership must be composed
7743      of persons residing within the service area of the lead agency.
7744              2.      The powers of the board of directors or board committee
7745      include, but are not limited to, approving the lead agency's
7746      budget and setting the lead agency's operational policy and
7747      procedures. A board of directors must additionally have the
7748      power to hire the lead agency's executive director, unless a
7749      board committee governs the lead agency, in which case the board
7750      committee must have the power to confirm the selection of the

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          CS/HB 797                                                                                             2026




7751      lead agency's executive director.
7752              Section 183.           For the purpose of incorporating the
7753      amendment made by this act to section 617.0830, Florida
7754      Statutes, in a reference thereto, subsection (1) of section
7755      718.1265, Florida Statutes, is reenacted to read:
7756              718.1265          Association emergency powers.—
7757              (1)     To the extent allowed by law, unless specifically
7758      prohibited by the declaration of condominium, the articles, or
7759      the bylaws of an association, and consistent with s. 617.0830,
7760      the board of administration, in response to damage or injury
7761      caused by or anticipated in connection with an emergency, as
7762      defined in s. 252.34(4), for which a state of emergency is
7763      declared pursuant to s. 252.36 in the locale in which the
7764      condominium is located, may exercise the following powers:
7765              (a)     Conduct board meetings, committee meetings, elections,
7766      and membership meetings, in whole or in part, by telephone,
7767      real-time videoconferencing, or similar real-time electronic or
7768      video communication with notice given as is practicable. Such
7769      notice may be given in any practicable manner, including
7770      publication, radio, United States mail, the Internet, electronic
7771      transmission, public service announcements, and conspicuous
7772      posting on the condominium property or association property or
7773      any other means the board deems reasonable under the
7774      circumstances. Notice of decisions also may be communicated as
7775      provided in this paragraph.

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          CS/HB 797                                                                                             2026




7776              (b)     Cancel and reschedule any association meeting.
7777              (c)     Name as assistant officers persons who are not
7778      directors, which assistant officers shall have the same
7779      authority as the executive officers to whom they are assistants
7780      during the state of emergency to accommodate the incapacity or
7781      unavailability of any officer of the association.
7782              (d)     Relocate the association's principal office or
7783      designate alternative principal offices.
7784              (e)     Enter into agreements with local counties and
7785      municipalities to assist counties and municipalities with debris
7786      removal.
7787              (f)     Implement a disaster plan or an emergency plan before,
7788      during, or following the event for which a state of emergency is
7789      declared which may include, but is not limited to, shutting down
7790      or off elevators; electricity; water, sewer, or security
7791      systems; or air conditioners.
7792              (g)     Based upon advice of emergency management officials or
7793      public health officials, or upon the advice of licensed
7794      professionals retained by or otherwise available to the board,
7795      determine any portion of the condominium property or association
7796      property unavailable for entry or occupancy by unit owners,
7797      family members, tenants, guests, agents, or invitees to protect
7798      the health, safety, or welfare of such persons.
7799              (h)     Require the evacuation of the condominium property in
7800      the event of an evacuation order in the locale in which the

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          CS/HB 797                                                                                             2026




7801      condominium is located. If a unit owner or other occupant of a
7802      condominium fails or refuses to evacuate the condominium
7803      property or association property for which the board has
7804      required evacuation, the association is immune from liability or
7805      injury to persons or property arising from such failure or
7806      refusal.
7807              (i)     Based upon advice of emergency management officials or
7808      public health officials, or upon the advice of licensed
7809      professionals retained by or otherwise available to the board,
7810      determine whether the condominium property, association
7811      property, or any portion thereof can be safely inhabited,
7812      accessed, or occupied. However, such determination is not
7813      conclusive as to any determination of habitability pursuant to
7814      the declaration.
7815              (j)     Mitigate further damage, injury, or contagion,
7816      including taking action to contract for the removal of debris
7817      and to prevent or mitigate the spread of fungus or contagion,
7818      including, but not limited to, mold or mildew, by removing and
7819      disposing of wet drywall, insulation, carpet, cabinetry, or
7820      other fixtures on or within the condominium property, even if
7821      the unit owner is obligated by the declaration or law to insure
7822      or replace those fixtures and to remove personal property from a
7823      unit.
7824              (k)     Contract, on behalf of any unit owner or owners, for
7825      items or services for which the owners are otherwise

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          CS/HB 797                                                                                             2026




7826      individually responsible, but which are necessary to prevent
7827      further injury, contagion, or damage to the condominium property
7828      or association property. In such event, the unit owner or owners
7829      on whose behalf the board has contracted are responsible for
7830      reimbursing the association for the actual costs of the items or
7831      services, and the association may use its lien authority
7832      provided by s. 718.116 to enforce collection of the charges.
7833      Without limitation, such items or services may include the
7834      drying of units, the boarding of broken windows or doors, the
7835      replacement of damaged air conditioners or air handlers to
7836      provide climate control in the units or other portions of the
7837      property, and the sanitizing of the condominium property or
7838      association property, as applicable.
7839              (l)     Regardless of any provision to the contrary and even
7840      if such authority does not specifically appear in the
7841      declaration of condominium, articles, or bylaws of the
7842      association, levy special assessments without a vote of the
7843      owners.
7844              (m)     Without unit owners' approval, borrow money and pledge
7845      association assets as collateral to fund emergency repairs and
7846      carry out the duties of the association when operating funds are
7847      insufficient. This paragraph does not limit the general
7848      authority of the association to borrow money, subject to such
7849      restrictions as are contained in the declaration of condominium,
7850      articles, or bylaws of the association.

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          CS/HB 797                                                                                             2026




7851              Section 184.          For the purpose of incorporating the
7852      amendment made by this act to section 617.0830, Florida
7853      Statutes, in a reference thereto, subsection (1) of section
7854      719.128, Florida Statutes, is reenacted to read:
7855              719.128       Association emergency powers.—
7856              (1)     To the extent allowed by law, unless specifically
7857      prohibited by the cooperative documents, and consistent with s.
7858      617.0830, the board of administration, in response to damage or
7859      injury caused by or anticipated in connection with an emergency,
7860      as defined in s. 252.34(4), for which a state of emergency is
7861      declared pursuant to s. 252.36 in the area encompassed by the
7862      cooperative, may exercise the following powers:
7863              (a)     Conduct board meetings, committee meetings, elections,
7864      or membership meetings, in whole or in part, by telephone, real-
7865      time videoconferencing, or similar real-time electronic or video
7866      communication after notice of the meetings and board decisions
7867      is provided in as practicable a manner as possible, including
7868      via publication, radio, United States mail, the Internet,
7869      electronic transmission, public service announcements,
7870      conspicuous posting on the cooperative property, or any other
7871      means the board deems appropriate under the circumstances.
7872      Notice of decisions may also be communicated as provided in this
7873      paragraph.
7874              (b)     Cancel and reschedule an association meeting.
7875              (c)     Designate assistant officers who are not directors. If

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          CS/HB 797                                                                                             2026




7876      the executive officer is incapacitated or unavailable, the
7877      assistant officer has the same authority during the state of
7878      emergency as the executive officer he or she assists.
7879              (d)     Relocate the association's principal office or
7880      designate an alternative principal office.
7881              (e)     Enter into agreements with counties and municipalities
7882      to assist counties and municipalities with debris removal.
7883              (f)     Implement a disaster or an emergency plan before,
7884      during, or following the event for which a state of emergency is
7885      declared, which may include turning on or shutting off
7886      elevators; electricity; water, sewer, or security systems; or
7887      air conditioners for association buildings.
7888              (g)     Based upon the advice of emergency management
7889      officials or public health officials, or upon the advice of
7890      licensed professionals retained by or otherwise available to the
7891      board of administration, determine any portion of the
7892      cooperative property unavailable for entry or occupancy by unit
7893      owners or their family members, tenants, guests, agents, or
7894      invitees to protect their health, safety, or welfare.
7895              (h)     Based upon the advice of emergency management
7896      officials or public health officials, or upon the advice of
7897      licensed professionals retained by or otherwise available to the
7898      board of administration, determine whether the cooperative
7899      property or any portion thereof can be safely inhabited or
7900      occupied. However, such determination is not conclusive as to

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          CS/HB 797                                                                                             2026




7901      any determination of habitability pursuant to the cooperative
7902      documents.
7903              (i)     Require the evacuation of the cooperative property in
7904      the event of an evacuation order in the area in which the
7905      cooperative is located or prohibit or restrict access to the
7906      cooperative property in the event of a public health threat. If
7907      a unit owner or other occupant of a cooperative fails or refuses
7908      to evacuate the cooperative property for which the board has
7909      required evacuation, the association is immune from liability
7910      for injury to persons or property arising from such failure or
7911      refusal.
7912              (j)     Mitigate further damage, injury, or contagion,
7913      including taking action to contract for the removal of debris
7914      and to prevent or mitigate the spread of fungus, including mold
7915      or mildew, by removing and disposing of wet drywall, insulation,
7916      carpet, cabinetry, or other fixtures on or within the
7917      cooperative property, regardless of whether the unit owner is
7918      obligated by the cooperative documents or law to insure or
7919      replace those fixtures and to remove personal property from a
7920      unit or to sanitize the cooperative property.
7921              (k)     Contract, on behalf of a unit owner, for items or
7922      services for which the owner is otherwise individually
7923      responsible, but which are necessary to prevent further injury,
7924      contagion, or damage to the cooperative property. In such event,
7925      the unit owner on whose behalf the board has contracted is

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          CS/HB 797                                                                                             2026




7926      responsible for reimbursing the association for the actual costs
7927      of the items or services, and the association may use its lien
7928      authority provided by s. 719.108 to enforce collection of the
7929      charges. Such items or services may include the drying of the
7930      unit, the boarding of broken windows or doors, the replacement
7931      of a damaged air conditioner or air handler to provide climate
7932      control in the unit or other portions of the property, and the
7933      sanitizing of the cooperative property.
7934              (l)     Notwithstanding a provision to the contrary, and
7935      regardless of whether such authority does not specifically
7936      appear in the cooperative documents, levy special assessments
7937      without a vote of the owners.
7938              (m)     Without unit owners' approval, borrow money and pledge
7939      association assets as collateral to fund emergency repairs and
7940      carry out the duties of the association if operating funds are
7941      insufficient. This paragraph does not limit the general
7942      authority of the association to borrow money, subject to such
7943      restrictions contained in the cooperative documents.
7944              Section 185.          For the purpose of incorporating the
7945      amendment made by this act to section 617.0830, Florida
7946      Statutes, in a reference thereto, subsection (1) of section
7947      720.316, Florida Statutes, is reenacted to read:
7948              720.316       Association emergency powers.—
7949              (1)     To the extent allowed by law, unless specifically
7950      prohibited by the declaration or other recorded governing

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          CS/HB 797                                                                                             2026




7951      documents, and consistent with s. 617.0830, the board of
7952      directors, in response to damage or injury caused by or
7953      anticipated in connection with an emergency, as defined in s.
7954      252.34(4), for which a state of emergency is declared pursuant
7955      to s. 252.36 in the area encompassed by the association, may
7956      exercise the following powers:
7957              (a)     Conduct board meetings, committee meetings, elections,
7958      or membership meetings, in whole or in part, by telephone, real-
7959      time videoconferencing, or similar real-time electronic or video
7960      communication after notice of the meetings and board decisions
7961      is provided in as practicable a manner as possible, including
7962      via publication, radio, United States mail, the Internet,
7963      electronic transmission, public service announcements,
7964      conspicuous posting on the common area, or any other means the
7965      board deems appropriate under the circumstances. Notice of
7966      decisions may also be communicated as provided in this
7967      paragraph.
7968              (b)     Cancel and reschedule an association meeting.
7969              (c)     Designate assistant officers who are not directors. If
7970      the executive officer is incapacitated or unavailable, the
7971      assistant officer has the same authority during the state of
7972      emergency as the executive officer he or she assists.
7973              (d)     Relocate the association's principal office or
7974      designate an alternative principal office.
7975              (e)     Enter into agreements with counties and municipalities

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          CS/HB 797                                                                                             2026




7976      to assist counties and municipalities with debris removal.
7977              (f)     Implement a disaster or an emergency plan before,
7978      during, or following the event for which a state of emergency is
7979      declared, which may include, but is not limited to, turning on
7980      or shutting off elevators; electricity; water, sewer, or
7981      security systems; or air conditioners for association buildings.
7982              (g)     Based upon the advice of emergency management
7983      officials or public health officials, or upon the advice of
7984      licensed professionals retained by or otherwise available to the
7985      board, determine any portion of the common areas or facilities
7986      unavailable for entry or occupancy by owners or their family
7987      members, tenants, guests, agents, or invitees to protect their
7988      health, safety, or welfare.
7989              (h)     Based upon the advice of emergency management
7990      officials or public health officials or upon the advice of
7991      licensed professionals retained by or otherwise available to the
7992      board, determine whether the common areas or facilities can be
7993      safely inhabited, accessed, or occupied. However, such
7994      determination is not conclusive as to any determination of
7995      habitability pursuant to the declaration.
7996              (i)     Mitigate further damage, injury, or contagion,
7997      including taking action to contract for the removal of debris
7998      and to prevent or mitigate the spread of fungus, including mold
7999      or mildew, by removing and disposing of wet drywall, insulation,
8000      carpet, cabinetry, or other fixtures on or within the common

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          CS/HB 797                                                                                             2026




8001      areas or facilities or sanitizing the common areas or
8002      facilities.
8003              (j)     Notwithstanding a provision to the contrary, and
8004      regardless of whether such authority does not specifically
8005      appear in the declaration or other recorded governing documents,
8006      levy special assessments without a vote of the owners.
8007              (k)     Without owners' approval, borrow money and pledge
8008      association assets as collateral to fund emergency repairs and
8009      carry out the duties of the association if operating funds are
8010      insufficient. This paragraph does not limit the general
8011      authority of the association to borrow money, subject to such
8012      restrictions contained in the declaration or other recorded
8013      governing documents.
8014              Section 186.           For the purpose of incorporating the
8015      amendment made by this act to section 617.0832, Florida
8016      Statutes, in a reference thereto, subsections (2) and (5) of
8017      section 718.3027, Florida Statutes, are reenacted to read:
8018              718.3027          Conflicts of interest.—
8019              (2)     If a director or an officer, or a relative of a
8020      director or an officer, proposes to engage in an activity that
8021      is a conflict of interest, as described in subsection (1), the
8022      proposed activity must be listed on, and all contracts and
8023      transactional documents related to the proposed activity must be
8024      attached to, the meeting agenda. The association shall comply
8025      with the requirements of s. 617.0832, and the disclosures

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          CS/HB 797                                                                                             2026




8026      required by s. 617.0832 shall be entered into the written
8027      minutes of the meeting. Approval of the contract or other
8028      transaction requires an affirmative vote of two-thirds of all
8029      other directors present. At the next regular or special meeting
8030      of the members, the existence of the contract or other
8031      transaction shall be disclosed to the members. Upon motion of
8032      any member, the contract or transaction shall be brought up for
8033      a vote and may be canceled by a majority vote of the members
8034      present. If the contract is canceled, the association is only
8035      liable for the reasonable value of the goods and services
8036      provided up to the time of cancellation and is not liable for
8037      any termination fee, liquidated damages, or other form of
8038      penalty for such cancellation.
8039              (5)     A contract entered into between a director or an
8040      officer, or a relative of a director or an officer, and the
8041      association, which is not a timeshare condominium association,
8042      that has not been properly disclosed as a conflict of interest
8043      or potential conflict of interest as required by this section or
8044      s. 617.0832 is voidable and terminates upon the filing of a
8045      written notice terminating the contract with the board of
8046      directors which contains the consent of at least 20 percent of
8047      the voting interests of the association.
8048              Section 187.          For the purpose of incorporating the
8049      amendment made by this act to sections 617.0832 and 617.0834,
8050      Florida Statutes, in references thereto, paragraphs (a) and (b)

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          CS/HB 797                                                                                             2026




8051      of subsection (2) and subsection (3) of section 720.3033,
8052      Florida Statutes, are reenacted to read:
8053              720.3033          Officers and directors.—
8054              (2)     If the association enters into a contract or other
8055      transaction with any of its directors or a corporation, firm,
8056      association that is not an affiliated homeowners' association,
8057      or other entity in which an association director is also a
8058      director or officer or is financially interested, the board
8059      must:
8060              (a)     Comply with the requirements of s. 617.0832.
8061              (b)     Enter the disclosures required by s. 617.0832 into the
8062      written minutes of the meeting.
8063              (3)     An officer, a director, or a manager may not solicit,
8064      offer to accept, or accept a kickback. As used in this
8065      subsection, the term "kickback" means any thing or service of
8066      value for which consideration has not been provided for an
8067      officer's, a director's, or a manager's benefit or for the
8068      benefit of a member of his or her immediate family from any
8069      person providing or proposing to provide goods or services to
8070      the association. An officer, a director, or a manager who
8071      knowingly solicits, offers to accept, or accepts a kickback
8072      commits a felony of the third degree, punishable as provided in
8073      s. 775.082, s. 775.083, or s. 775.084, and is subject to
8074      monetary damages under s. 617.0834. If the board finds that an
8075      officer or a director has violated this subsection, the board

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          CS/HB 797                                                                                             2026




8076      must immediately remove the officer or director from office. The
8077      vacancy shall be filled according to law until the end of the
8078      officer's or director's term of office. However, an officer, a
8079      director, or a manager may accept food to be consumed at a
8080      business meeting with a value of less than $25 per individual or
8081      a service or good received in connection with trade fairs or
8082      education programs.
8083              Section 188.          For the purpose of incorporating the
8084      amendment made by this act to section 617.0834, Florida
8085      Statutes, in a reference thereto, paragraph (a) of subsection
8086      (13) of section 721.13, Florida Statutes, is reenacted to read:
8087              721.13       Management.—
8088              (13)(a)       Notwithstanding any provisions of chapter 607,
8089      chapter 617, or chapter 718, an officer, director, or agent of
8090      an owners' association, including a timeshare management firm
8091      and any individual licensed under part VIII of chapter 468
8092      employed by the timeshare management firm, shall discharge its
8093      duties in good faith, with the care an ordinarily prudent person
8094      in a like position would exercise under similar circumstances,
8095      and in a manner it reasonably believes to be in the interests of
8096      the owners' association. An officer, director, or agent of an
8097      owners' association, including a timeshare management firm and
8098      any individual licensed under part VIII of chapter 468 employed
8099      by the timeshare management firm, is exempt from liability for
8100      monetary damages in the same manner as provided in s. 617.0834

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          CS/HB 797                                                                                             2026




8101      unless such officer, director, agent, or firm breached or failed
8102      to perform its duties and the breach of, or failure to perform,
8103      its duties constitutes a violation of criminal law as provided
8104      in s. 617.0834; constitutes a transaction from which the officer
8105      or director derived an improper personal benefit, either
8106      directly or indirectly; or constitutes recklessness or an act or
8107      omission that was in bad faith, with malicious purpose, or in a
8108      manner exhibiting wanton and willful disregard of human rights,
8109      safety, or property.
8110              Section 189.          For the purpose of incorporating the
8111      amendment made by this act to sections 617.0830 and 617.0834,
8112      Florida Statutes, in references thereto, paragraph (d) of
8113      subsection (1) of section 718.111, Florida Statutes, is
8114      reenacted to read:
8115              718.111       The association.—
8116              (1)     CORPORATE ENTITY.—
8117              (d)     As required by s. 617.0830, an officer, director, or
8118      agent shall discharge his or her duties in good faith, with the
8119      care an ordinarily prudent person in a like position would
8120      exercise under similar circumstances, and in a manner he or she
8121      reasonably believes to be in the interests of the association.
8122      An officer, director, or agent shall be liable for monetary
8123      damages as provided in s. 617.0834 if such officer, director, or
8124      agent breached or failed to perform his or her duties and the
8125      breach of, or failure to perform, his or her duties constitutes

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          CS/HB 797                                                                                             2026




8126      a violation of criminal law as provided in s. 617.0834;
8127      constitutes a transaction from which the officer or director
8128      derived an improper personal benefit, either directly or
8129      indirectly; or constitutes recklessness or an act or omission
8130      that was in bad faith, with malicious purpose, or in a manner
8131      exhibiting wanton and willful disregard of human rights, safety,
8132      or property. Forgery of a ballot envelope or voting certificate
8133      used in a condominium association election is punishable as
8134      provided in s. 831.01, the theft or embezzlement of funds of a
8135      condominium association is punishable as provided in s. 812.014,
8136      and the destruction of or the refusal to allow inspection or
8137      copying of an official record of a condominium association that
8138      is accessible to unit owners within the time periods required by
8139      general law in furtherance of any crime is punishable as
8140      tampering with physical evidence as provided in s. 918.13 or as
8141      obstruction of justice as provided in chapter 843. An officer or
8142      director charged by information or indictment with a crime
8143      referenced in this paragraph must be removed from office, and
8144      the vacancy shall be filled as provided in s. 718.112(2)(d)2.
8145      until the end of the officer's or director's period of
8146      suspension or the end of his or her term of office, whichever
8147      occurs first. If a criminal charge is pending against the
8148      officer or director, he or she may not be appointed or elected
8149      to a position as an officer or a director of any association and
8150      may not have access to the official records of any association,

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          CS/HB 797                                                                                             2026




8151      except pursuant to a court order. However, if the charges are
8152      resolved without a finding of guilt, the officer or director
8153      must be reinstated for the remainder of his or her term of
8154      office, if any.
8155              Section 190.          This act shall take effect July 1, 2026.




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                                                                                                            hb797-01-c1
                            COMMERCE COMMITTEE

                             CS/HB 797 by Rep. Tuck
                             Nonprofit Corporations

                            AMENDMENT SUMMARY
                              February 10, 2026

Amendment #182849 by Rep. Tuck (lines 4730-4731):
  • Makes technical, clarifying changes.
                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. CS/HB 797   (2026)
      Amendment No.




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


1     Committee/Subcommittee hearing bill:       Commerce Committee
2     Representative Tuck offered the following:
3
4          Amendment
5          Remove lines 4730-4731 and insert:
6          (2)    A claim that is not barred by s. 617.1407, s.
7     617.1408, or by any other law limiting claims, may be enforced:




    182849 - h0797-line4730.docx
     Published On: 2/9/2026 11:20:02 AM
                                    Page 1 of 1
HB 929
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 929                                        COMPANION BILL: SB 1020 (Truenow)
TITLE: Local Government Regulation of Chickees        LINKED BILLS: None
SPONSOR(S): Cobb and Gentry                           RELATED BILLS: None
Committee References
    Industries & Professional             Intergovernmental Affairs                Commerce
            Activities                           14 Y, 0 N           
             14 Y, 0 N

SUMMARY
Effect of the Bill:
The bill prohibits a county or municipality from enacting an ordinance that prevents a member of the Miccosukee
or Seminole Tribes from constructing a chickee under certain conditions.

Fiscal or Economic Impact:
The bill may have a positive indeterminate fiscal impact on the private sector.


JUMP TO                  SUMMARY                          ANALYSIS                 RELEVANT INFORMATION                     BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill prohibits counties and municipalities from enacting any ordinance or policy that prevents or has the effect
of preventing a member of the Miccosukee Tribe of Indians of Florida or Seminole Tribe of Florida from
constructing a chickee as defined in 553.73, F.S.:
    • In a side yard if the chickee is at least 10 feet away from the property line.
    • Near another structure if the chickee is at least 10 feet away from any other structure. (Sections 1 and 2)

The bill also prohibits counties and municipalities from enacting an ordinance or regulation concerning chickees
that is more restrictive than federal floodplain management regulations. (Sections 1 and 2)

The bill revises the definition of “chickee” for purposes of exemption from the Florida Building Code to include
chickees that:
    • Have a wooden deck.
    • Incorporate nonwood fasteners.
    • Incorporate electrical or plumbing features in accordance with a building permit for those specific features.
        (Section 3)

The bill adds a criminal penalty for a person who is not a member of the tribes who constructs a chickee in an
attempt to assert an exemption. (Section 3)

The bill exempts a chickee from the Florida Fire Prevention Code if:
   • The chickee is at least 20 feet from another structure subject to the Florida Building Code, or
   • The chickee otherwise implements fire-proofing measures approved by a certified fire protection system
        contractor. (Section 4)

The bill sets an effective date of July 1, 2026. (Section 5)
STORAGE NAME: h0929d.COM
DATE: 2/6/2026
                                                                                                                                             1
                                                                                                                    HB 929

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Indian Tribes in Florida
Two tribes, the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida, currently reside and have
tribal lands in the state. Most state law governing the relationship between the state and the federally-recognized
tribes with tribal lands in the state is contained in ch. 285, F.S. 1

Chickee
Chickee is the word Seminoles use for “house.” Chickees are palmetto thatch over cypress log frame.




                                          2

Florida law currently defines “chickee” as an open-sided wooden hut that has a thatched roof of palm or palmetto
or other traditional materials, and that does not incorporate any electrical, plumbing, or nonwood features. They
are exempt from the Florida Building Code when contructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. 3

Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 4

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 5

Florida Fire Prevention Code
The SFM adopts by rule the Florida Fire Prevention Code (FFPC), which contains all fire safety laws and rules that
pertain to the design, construction, erection, alteration, modification, repair, and demolition of public and private
buildings, structures, and facilities and the enforcement of such fire safety laws and rules. 6 The SFM adopts a new
edition of the FFPC every three years 7 and the 8th edition of the FFPC took effect on December 31, 2023. 8 The FFPC
is largely based on the National Fire Protection Association’s (NFPA) Standard 1, Fire Prevention Code, along with
the current edition of the NFPA’s Life Safety Code, NFPA 101. 9

The FFPC is the minimum fire prevention code deemed adopted in each municipality, county, and special district
with firesafety responsibilities, and applies to every building and structure throughout the state with few


1 Ch. 285, F.S.
2 Seminole Tribe of Florida, https://www.semtribe.com/culture/chickee (last visited Jan. 15, 2026).
3 S. 553.73(10)(i), F.S.
4 See s. 553.72(1), F.S.
5 S. 553.72, F.S.
6 Ch. 69A, F.A.C.
7 S. 633.202, F.S.
8 See Florida Fire Prevention Code (FFPC), https://www.myfloridacfo.com/division/sfm/bfp/florida-fire-prevention-code

(last visited January 28, 2026).
9 S. 633.202(2), F.S.

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                                                                                                                HB 929
exceptions. 10 Municipalities, counties, and special districts with firesafety responsibilities may supplement the
FFPC with more stringent standards. 11 Local fire authorities (authorities having jurisdiction or LAHJs) set
standards for radio signal strength throughout buildings within their jurisdiction to ensure consistent fire and
rescue communication capabilities.

Building Permits
Every local government must enforce the Florida Building Code and issue building permits. 12A building permit is
an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 13 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 14

Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. 15 The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. 16 Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections are considered completed or closed. 17


                                                        BILL HISTORY
                                                                                                STAFF
                                                                                              DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE                                ACTION                   DATE             POLICY CHIEF   PREPARED BY
Industries & Professional Activities               14 Y, 0 N              1/20/2026             Anstead        Miralia
Subcommittee
Intergovernmental Affairs                          14 Y, 0 N              2/5/2026              Darden          Burgess
Subcommittee
Commerce Committee                                                                              Hamon           Miralia




10 S. 633.208, F.S. and R. 69A-60.002(1), F.A.C.
11 S. 633.208(3), F.S., and R. 69A-60.002(2), F.A.C.
12 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
13 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
14 Ss. 125.56(4)(a) and 553.79(1), F.S.
15 S. 553.79(2)(a)1., F.S.
16 See s. 553.73(1), F.S.
17 Section 110 of the Eighth Edition of the Florida Building Code (Building).

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           HB 929                                                                                               2026




    1                                         A bill to be entitled
    2               An act relating to local government regulation of
    3               chickees; creating ss. 125.489 and 166.04845, F.S.;
    4               prohibiting counties and municipalities, respectively,
    5               from enacting an ordinance, regulation, or policy that
    6               prevents a chickee from being constructed by certain
    7               persons in specified locations; prohibiting counties
    8               and municipalities from enacting an ordinance,
    9               regulation, or policy concerning chickees that is more
10                  restrictive than certain federal regulations; amending
11                  s. 553.73, F.S.; revising the definition of the term
12                  "chickee"; providing a penalty for certain persons who
13                  construct chickees in an attempt to assert an
14                  exemption from the Florida Building Code; amending s.
15                  633.202, F.S.; defining the term "chickee"; exempting
16                  certain chickees from the Florida Fire Prevention
17                  Code; providing an effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                  Section 1.        Section 125.489, Florida Statutes, is created
22         to read:
23                  125.489      Ordinances, regulations, and policies concerning
24         chickees.—
25                  (1)     A county may not enact an ordinance, regulation, or

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        HB 929                                                                                               2026




26      policy that prevents or has the effect of preventing a person
27      who is a member of the Miccosukee Tribe of Indians of Florida or
28      the Seminole Tribe of Florida from constructing a chickee, as
29      defined in s. 553.73(10)(i):
30               (a)     In a side yard if the chickee is at least 10 feet from
31      the property line.
32               (b)     Near another structure if the chickee is at least 10
33      feet from any other structure.
34               (2)     A county may not enact an ordinance, regulation, or
35      policy concerning chickees that is more restrictive than federal
36      floodplain management regulations.
37               Section 2.        Section 166.04845, Florida Statutes, is created
38      to read:
39               166.04845        Ordinances, regulations, and policies concerning
40      chickees.—
41               (1)     A municipality may not enact an ordinance, regulation,
42      or policy that prevents or has the effect of preventing a person
43      who is a member of the Miccosukee Tribe of Indians of Florida or
44      the Seminole Tribe of Florida from constructing a chickee, as
45      defined in s. 553.73(10)(i):
46               (a)     In a side yard if the chickee is at least 10 feet from
47      the property line.
48               (b)     Near another structure if the chickee is at least 10
49      feet from any other structure.
50               (2)     A municipality may not enact an ordinance, regulation,

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        HB 929                                                                                               2026




51      or policy concerning chickees that is more restrictive than
52      federal floodplain management regulations.
53               Section 3.        Paragraph (i) of subsection (10) of section
54      553.73, Florida Statutes, is amended to read:
55               553.73        Florida Building Code.—
56               (10)        The following buildings, structures, and facilities
57      are exempt from the Florida Building Code as provided by law,
58      and any further exemptions shall be as determined by the
59      Legislature and provided by law:
60               (i)      Chickees constructed by the Miccosukee Tribe of
61      Indians of Florida or the Seminole Tribe of Florida. As used in
62      this paragraph, the term "chickee" means an open-sided wooden
63      hut that has a thatched roof of palm, or palmetto, or other
64      traditional materials; that may have a wooden deck;, and that
65      does not incorporate any electrical, plumbing, or other nonwood
66      features, except that a chickee may:
67               1.      Incorporate nonwood fasteners, including, but not
68      limited to, nails, screws, bolts, nuts, washers, staples, and
69      hurricane straps.
70               2.      Incorporate electrical or plumbing features in
71      accordance with a building permit for the incorporation of such
72      features.
73
74      A person who is not a member of the Miccosukee Tribe of Indians
75      of Florida or the Seminole Tribe of Florida and who constructs a

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         HB 929                                                                                               2026




76       chickee in an attempt to assert an exemption from the Florida
77       Building Code commits a misdemeanor of the first degree,
78       punishable as provided in s. 775.082 or s. 775.083.
79
80       With the exception of paragraphs (a), (b), (c), and (f), in
81       order to preserve the health, safety, and welfare of the public,
82       the Florida Building Commission may, by rule adopted pursuant to
83       chapter 120, provide for exceptions to the broad categories of
84       buildings exempted in this section, including exceptions for
85       application of specific sections of the code or standards
86       adopted therein. The Department of Agriculture and Consumer
87       Services shall have exclusive authority to adopt by rule,
88       pursuant to chapter 120, exceptions to nonresidential farm
89       buildings exempted in paragraph (c) when reasonably necessary to
90       preserve public health, safety, and welfare. The exceptions must
91       be based upon specific criteria, such as under-roof floor area,
92       aggregate electrical service capacity, HVAC system capacity, or
93       other building requirements. Further, the commission may
94       recommend to the Legislature additional categories of buildings,
95       structures, or facilities which should be exempted from the
96       Florida Building Code, to be provided by law. The Florida
97       Building Code does not apply to temporary housing provided by
98       the Department of Corrections to any prisoner in the state
99       correctional system.
100               Section 4.        Subsection (22) is added to section 633.202,

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         HB 929                                                                                               2026




101      Florida Statutes, to read:
102               633.202      Florida Fire Prevention Code.—
103               (22)(a)      As used in this subsection, the term "chickee" has
104      the same meaning as in s. 553.73(10)(i).
105               (b)      Notwithstanding any other provision of law, a chickee
106      is exempt from the Florida Fire Prevention Code, including the
107      national fire codes and other national codes incorporated by
108      reference, if:
109               1.      The chickee is at least 20 feet from another structure
110      subject to the Florida Building Code; or
111               2.      The chickee otherwise implements fire-proofing measures
112      approved by a certified fire protection system contractor.
113               Section 5.        This act shall take effect July 1, 2026.




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CS/HB 1137
                                    FLORIDA HOUSE OF REPRESENTATIVES
                                              BILL ANALYSIS
      This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1137                                      COMPANION BILL: CS/SB 678 (Mayfield)
TITLE: Deductions for Certain Losses of Alcoholic       LINKED BILLS: None
Beverages                                               RELATED BILLS: None
SPONSOR(S): Robinson, W. and Overdorf
Committee References
          Ways & Means                      Industries & Professional                Commerce
          15 Y, 0 N, As CS                         Activities          
                                                    15 Y, 0 N

SUMMARY
Effect of the Bill:
The bill allows alcoholic beverage distributors a deduction from alcoholic beverage excise taxes for standard
product losses, including losses caused by breakage, spoilage, evaporation, or expiration. The bill also allows an
alternate deduction for extraordinary, one-time losses. The extraordinary loss deduction is for the actual gallonage
of the beverages lost. The bill establishes documentation, reporting, and recordkeeping requirements and
authorizes the Division of Alcoholic Beverages and Tobacco to adopt rules to administer and enforce the
deductions.

Fiscal or Economic Impact:
The Revenue Estimating Conference has estimated that the bill will have zero impact on state revenues.


JUMP TO                 SUMMARY                          ANALYSIS                 RELEVANT INFORMATION                     BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill allows alcoholic beverage distributors to deduct certain losses of unsalable products from the excise taxes
they owe using one of two deductions: a deduction that applies to all dealers (standard deduction) or a deduction
that applies only to extraordinary losses. The bill reinstates a similar deduction that was previously authorized
under Rule 61A-4.0371, F.A.C.

Standard Deduction

The bill creates s. 561.1215, F.S., which allows alcoholic beverage distributors to deduct losses in the ordinary
course of business. Distributors of malt beverages (beer), vinous beverages (wine), and spirituous beverages
(liquor) can deduct excise taxes paid on alcoholic beverages that cannot be sold due to warehouse breakage,
spoilage, evaporation, expiration, or products that are unfit for human consumption. A deduction is also allowed
when the breakage, spoilage, or destruction is witnessed and documented by an employee of the Division of
Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation.

The deduction amounts are set as a percentage of gross excise tax collected:
   • Wine: 0.49 percent
   • Liquor: 0.15 percent
   • Malt beverages: 0.20 percent, or the actual breakage or spoliation.



STORAGE NAME: h1137e.COM
DATE: 2/6/2026
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                                                                                                           CS/HB 1137
For malt beverages, distributors must annually elect whether to use the percentage method or the gallonage of
actual breakage or spoliation. The election is binding for the calendar year unless the license is transferred or 100
percent of inventory is sold to a new owner.

Distributors handling multiple alcohol types must calculate deductions separately under each category’s rules.

Deduction for Extraordinary Losses

The bill also creates a separate deduction for “extraordinary losses” of alcoholic beverages, calculated based on the
actual gallonage lost. An extraordinary loss is defined as:
    • An unusual, non-recurring loss resulting from an act of God or natural event;
    • An accident during interstate or intrastate shipment between manufacturers, distributors, or retailers; or
    • A manufacturer product recall that requires the destruction, dumping, or recycling of the product.

Extraordinary loss does not include losses incurred during the normal course of business that exceed the standard
deduction.

A distributor claiming an extraordinary loss must immediately notify the Division of Alcoholic Beverages and
Tobacco and submit supporting proof, which may include:
    • A copy of the traffic accident report or incident report;
    • A division employee or authorized representative witnessing the loss on the premises where the loss
        occurs; or
    • Other documentation deemed appropriate by the division which clearly and objectively establishes the
        loss.

The distributor must also submit a written statement from the employee responsible for the destruction, dumping,
or recycling of the product. The statement must include:
    • A description of the location where the extraordinary loss occurred;
    • The identity of alcoholic beverages lost, by gallonage and tax category (malt, wine, or liquor); and
    • The location of the site where the product was destroyed, dumped, or recycled.

After notification from a distributor of an extraordinary loss, the division must inspect the remaining inventory.
The distributor must show proof that the standard excise tax deduction or any other source of recovery has not
been recovered through any other means. The division may require copies of insurance claims, receipts, or other
supporting documentation.

The distributor must record on forms prescribed by the division:
   • The actual gallonage of breakage, spoilage, or evaporation;
   • The date of product destruction;
   • The quantity destroyed by tax classification; and
   • A statement by an authorized employee or agent of the destruction that the product was destroyed.

All forms and documentation must be maintained for three years by the division.

The new statute created by the bill applies retroactively to January 1, 2025.

The bill authorizes the Division of Alcoholic Beverages & Tobacco to adopt rules to implement these provisions.
(Section 1)

The bill takes effect upon becoming law. (Section 2)



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                                                                                                             CS/HB 1137
RULEMAKING:
The bill grants rulemaking authority to the Division of Alcoholic Beverages & Tobacco within the Department of
Business and Professional Regulation to implement the provisions of the act.

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has estimated that this bill will have no impact on state revenues as the bill
codifies preexisting administrative practice. 1


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Alcoholic Beverages and Tobacco

The Division of Alcoholic Beverages and Tobacco (the “division”) administers and enforces 2 the Beverage Law, 3
which regulates the manufacture, distribution, and sale of wine, beer, and liquor, including the:
   • Receipt and processing of license applications;4
   • Collection 5 and auditing of taxes, surcharges, and fees paid by licensees; 6 and
   • Review and collection of reports detailing the beverages manufactured, imported, exported, and sold. 7

The division is also responsible for the administration and enforcement of tobacco products under ch. 569, F.S.

Beer

The term “beer” means a brewed beverage that meets the federal definition of beer in 27 C.F.R. s. 25.11 and
contains less than 6 percent alcohol by volume. A “malt beverage” means any brewed beverage containing malt.
The terms “beer” and “malt beverage” are used interchangeable for purposes of the Beverage Law, but do not
include alcoholic beverages that require a certificate of label approval by the Federal Government as wine or as
distilled spirits. 8

Wine

The term “wine” means “all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or
by natural fermentation with brandy added, in the manner required by the laws and regulations of the United
States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, sake, vermouths, and
like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer's


1 Revenue Estimating Impact Conference Meeting, Jan. 30 2026,

https://edr.state.fl.us/content/conferences/revenueimpact/archives/2026/_pdf/impact0130.pdf (last visited Feb. 3, 2026).
2 Section 561.08, F.S.
3 Section 561.01(6), F.S. The “Beverage Law” is comprised of Chapters 561 through 568, F.S.
4 See, e.g., s. 561.17, F.S.
5 Section 561.025, F.S.
6 See, e.g., s. 563.02, F.S., s. 564.02, F.S., and s. 565.02, F.S.
7 Section 561.55, F.S.
8 Section 563.01, F.S.

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                                                                                                          CS/HB 1137
taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than
wine or to change the character of the wine.” 9
“Fortified wine” means all wines containing more than 17.259 percent of alcohol by volume. 10

Liquor

The term “liquor” is used interchangeably with “distilled spirits,” “spirituous liquors,” “spirituous beverages,” or
“distilled spirituous liquors,” and means the substance known as ethyl alcohol, ethanol, or spirits of wine in any
form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. 11

Excise Taxes on Alcoholic Beverages

Excise taxes on alcoholic beverages are levied at the wholesale level and collected from distributors. Current rates
under Chs. 564 and 565, F.S., are as follows:
    • malt beverages (beer) at $0.48 per gallon 12;
    • wine at $2.25 to $3.50 per gallon, depending on type and alcohol content 13;
    • cider at $0.89 per gallon 14; and
    • liquor at $6.50 to $9.53 per gallon, depending on proof 15.

Distributors are required to pay the tax to the division on or before the 10th day of the following month. 16 Of the
monthly collections, 2 percent is deposited into the Alcoholic Beverage and Tobacco Trust Fund, specified
distributions totaling no more than $60 million are distributed to specified medical facilities in the state, and the
remainder is credited to the General Revenue Fund. 17

Prior Excise Tax Deduction for Breakage and Spoilage of Alcoholic Beverages

The bill authorizes provisions that previously existed in rule. On July 7, 2025, the division published a notice of
intent to repeal Fla. Admin. Code R. Rule 61A-4.0371 18 because the original statutory authority in s. 564.06(5), F.S.
(1972) was repealed in 1985. 19 The Joint Administrative Procedures Committee subsequently issued a Notice of
Nullification of the rule pursuant to s. 120.536(2)(a), F.S. 20

Under the repealed rule, distributors could deduct an amount equal to:
   • 0.49 percent of gross tax for wine;
   • 0.15 percent of gross tax for liquor; and
   • 0.20 percent of gross tax for male beverages (beer).


9 Section 564.01(1), F.S.
10 Section 564.01(2), F.S.
11 Section 565.01, F.S.
12 Section 564.06, F.S.
13 Ibid
14 Ibid.
15 Section 565.12, F.S.
16 See, e.g., s. 564.06(7), F.S.
17 Section 561.121(1), F.S.
18 See Vol. 51 No. 130, July 7, 2025, issue of the Florida Administrative Register
19 See Section 1, ch. 85-204, Laws of Fla
20 See Joint Administrative Procedures Committee, Notice of Nullification of Rule 61A-4.0371, F.A.C., dated August 27, 2025 (on

file with the House Ways & Means Committee). Section 120.536(2)(a), F.S., provides that, if a law is repealed, any
administrative rule created solely to implement that specific law is automatically rendered null and void. Whenever a notice of
the nullification of a rule is received from the Joint Administrative Procedures Committee, the Department of State must
remove the rule from the Florida Administrative Code as of the effective date of the law effecting the nullification and update
the historical notes for the code to show the rule repealed by operation of law.
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Alternatively, distributors could deduct the actual breakage or spoilage destruction witnessed and documented by
the division employee or other authorized person. Distributors were required to annually elect the method of
breakage for malt beverages (percentage or actual) and such election will be effective for 1 year unless the license
is transferred or 100 percent of the stock is sold to a new owner. 21

Distributors could also deduct the amount due to extraordinary losses, including losses which are:
    • Not expected to recur and resulting from acts of God or nature;
    • Accidents which occur during interstate or intrastate shipment; or
    • Products being recalled by a manufacturer and destroyed by a distributor.

Extraordinary losses did not include losses from evaporation, breakage, or spoilage incurred on the licensed
premises in the normal course of business which merely exceed the standard deductions. 22


                                                         BILL HISTORY
                                                                                                   STAFF
                                                                                                 DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                ACTION                       DATE            POLICY CHIEF           PREPARED BY
IWays & Means Committee                         15 Y, 0 N, As CS                                  Aldridge                Hallaian

THE CHANGES ADOPTED BY THE                     •    Made non-substantive changes to align with Senate companion.
COMMITTEE:                                     •    Provisions will be retroactive to January 1, 2025.
Industries & Professional Activities                15 Y, 0 N                               Anstead         Dallas
Subcommittee
Commerce Committee                                                                                   Hamon                   Dallas


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




21 Fla. Admin. Code R. Rule 61A-4.0371(1)
22 Fla. Admin. Code R. Rule 61A-4.0371(2)

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           CS/HB 1137                                                                                           2026




    1                                         A bill to be entitled
    2              An act relating to deductions for certain losses of
    3              alcoholic beverages; creating s. 561.1215, F.S.;
    4              authorizing a distributor of vinous, spirituous, or
    5              malt beverages to make an excise tax deduction in its
    6              monthly tax report for alcoholic beverages that have
    7              become unsellable through warehouse breakage,
    8              spoliation, evaporation, or expiration or that have
    9              become unfit for human consumption; specifying the
10                 percentage a distributor may deduct for such alcoholic
11                 beverages; requiring that the method of determining
12                 breakage for malt beverages be elected annually;
13                 providing that the method is effective for a specified
14                 timeframe; providing an exception; requiring
15                 distributors that distribute more than one type of
16                 alcoholic beverage to deduct their gross taxes for
17                 products according to those specified in a specified
18                 manner; excluding extraordinary losses of vinous,
19                 spirituous, or malt beverages from such deductions;
20                 defining the term "extraordinary loss"; requiring a
21                 distributor to immediately notify the Division of
22                 Alcoholic Beverages and Tobacco when an extraordinary
23                 loss occurs; authorizing a distributor to deduct the
24                 actual gallonage of the extraordinary loss; requiring
25                 such distributors to show proof of the extraordinary

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        CS/HB 1137                                                                                           2026




26              loss before recovering or crediting any excise tax due
27              to the unsellable alcoholic beverages; specifying the
28              manner in which a distributor may show such proof;
29              requiring a distributor to show proof of the
30              destruction, dumping, or recycling of the alcoholic
31              beverages involved in the extraordinary loss;
32              specifying the manner in which to show such proof;
33              requiring the division to inspect any remaining
34              undamaged invoiced inventory intended to be
35              distributed upon being notified by the distributor;
36              requiring a distributor reporting extraordinary losses
37              to furnish proof that the excise tax has not been
38              recovered from any other source; requiring the
39              distributor to provide the division with copies of all
40              insurance claims and receipts of payment upon request;
41              requiring distributors to record certain information
42              on forms prescribed by the division; requiring the
43              division to retain such forms for a specified
44              timeframe; authorizing the division to adopt rules and
45              forms; providing retroactive application; providing an
46              effective date.
47
48      Be It Enacted by the Legislature of the State of Florida:
49
50              Section 1.         Section 561.1215, Florida Statutes, is created

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        CS/HB 1137                                                                                           2026




51      to read:
52              561.1215          Deductions for breakage, spoliation, evaporation,
53      expiration, and extraordinary losses.—
54              (1)(a)       Distributors of vinous, spirituous, or malt
55      beverages may make deductions against any excise tax due under
56      s. 563.05, s. 564.06, or s. 565.12 on their monthly tax report
57      for alcoholic beverages that have become unsellable through
58      warehouse breakage, spoliation, evaporation, or expiration or
59      that have become unfit for human consumption, in an amount equal
60      to the following:
61              1.      For vinous beverage sales, 0.49 percent of gross tax.
62              2.      For spirituous beverage sales, 0.15 percent of gross
63      tax.
64              3.      For malt beverage sales, 0.20 percent of gross tax or
65      the actual breakage or spoliation.
66              (b)      The method of determining breakage for malt beverages,
67      either percentage or actual gallonage, must be elected annually
68      and will be effective for 1 calendar year unless the license is
69      transferred or 100 percent of the stock is sold to a new owner.
70              (c)      Distributors that distribute more than one type of
71      alcoholic beverage shall deduct the gross taxes for their
72      products as prescribed in this subsection for vinous,
73      spirituous, or malt beverages.
74              (2)(a)       Extraordinary losses of vinous, spirituous, or malt
75      beverages are excluded from the deductions in subsection (1).

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         CS/HB 1137                                                                                           2026




76       For purposes of this section, the term "extraordinary loss"
77       means an unusual loss resulting from acts of God or nature which
78       are not expected to recur; accidents that occur during
79       interstate or intrastate shipment from manufacturer to
80       distributor, from distributor to distributor, or from
81       distributor to retailer; or products being recalled by a
82       manufacturer and destroyed by a distributor. The term does not
83       include a loss from evaporation, breakage, or spoliation
84       incurred on the licensed premises in the normal course of
85       business which exceeds the standard deductions prescribed in
86       subsection (1).
87               (b)      A distributor shall immediately notify the division
88       when an extraordinary loss occurs. A distributor may deduct the
89       actual gallonage of the extraordinary loss. The distributor
90       shall show proof of the extraordinary loss before recovering or
91       crediting any excise tax due to the unsellable alcoholic
92       beverages by:
93               1.      Providing a copy of a traffic accident investigation
94       report or an incident report from the investigating agency when
95       the loss occurs in transit;
96               2.      Having the extraordinary loss witnessed or documented
97       by an authorized division employee when the extraordinary loss
98       occurs on the premises of the distributor; or
99               3.      Clearly and objectively establishing the extraordinary
100      loss through appropriate documentation as determined by the

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         CS/HB 1137                                                                                           2026




101      division.
102              (c)      The distributor shall show proof of the destruction,
103      dumping, or recycling of the alcoholic beverages involved in the
104      extraordinary loss by providing a statement to the division from
105      the distributor, or the distributor's authorized employee or
106      agent, evidencing such destruction, dumping, or recycling. The
107      statement must include a description of the location of the
108      extraordinary loss; the alcoholic beverages, by gallonage and
109      tax category, which have been destroyed, dumped, or recycled;
110      and the location of the site where the alcoholic beverages were
111      destroyed, dumped, or recycled.
112              (3)(a)       Upon notification by a distributor, the division
113      shall inspect any remaining undamaged invoiced inventory
114      intended to be distributed.
115              (b)1.       A distributor reporting extraordinary losses must
116      furnish proof that the excise tax has not been recovered from
117      any other source. The distributor shall provide the division
118      with copies of all insurance claims and receipts of payment upon
119      request by the division.
120              2.      The distributor shall record on forms prescribed by the
121      division the actual gallonage of breakage, spoliation, or
122      evaporation of alcoholic beverages; the date of product
123      destruction; the quantity destroyed, by tax classification; and
124      a statement signed by the distributor, or the distributor's
125      authorized employee or agent, that the product was destroyed.

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         CS/HB 1137                                                                                           2026




126              3.      The division shall retain all completed forms for 3
127      years.
128              (4)      The division may adopt rules and forms to implement
129      this section.
130              (5)      This section applies retroactively to January 1, 2025.
131              Section 2.         This act shall take effect upon becoming a law.




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                                                                                                          hb1137-01-c1
HB 1307
                                    FLORIDA HOUSE OF REPRESENTATIVES
                                              BILL ANALYSIS
      This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1307                                                        COMPANION BILL: SB 1380 (Martin)
TITLE: Unauthorized Aliens                                             LINKED BILLS: None
SPONSOR(S): Jacques                                                    RELATED BILLS: None
Committee References
           Commerce                                             State Affairs                                         Judiciary
                                                                                              

SUMMARY
Effect of the Bill:
The bill establishes a framework to restrict access by unauthorized aliens to licenses issued by the Department of
Financial Services, workers’ compensation benefits, employment, financial services, housing benefits, and auto
insurance.

Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state government.


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ANALYSIS
EFFECT OF THE BILL:
The bill defines “unauthorized alien” as a person who is unlawfully present in the United States according to the
terms of the federal Immigration and Nationality Act. (Multiple Sections).

Licensing
The bill prohibits the Department of Financial Services (“DFS”) from issuing licenses or certifications to any person
who is an unauthorized alien. (Section 1).

The bill requires all licensing procedures, prelicensing instruction, and licensing testing for Commercial Driver
Licenses to be conducted in English. The bill prohibits the use of interpreters, translators, translations, and other
alternate language accommodations. (Section 4).

Division of Risk Management
The bill provides that the Division of Risk Management within DFS may approve or deny claims relating to an
unauthorized alien who is a minor, but may not approve a claim submitted by an adult unauthorized alien or by a
person who does not provide lawful documentation of citizenship to the division as required by state and federal
law. (Section 3).

Housing
The bill authorizes counties to require proof that a borrower is lawfully present in the United States when
providing homeownership assistance for low-income and moderate-income families. (Section 2).

The bill prohibits state and local governmental entities, the Florida Housing Finance Corporation (“Corporation”),
and private corporations, including nonprofit organizations, that participate in down payment assistance programs
or silent second mortgage programs, from providing any form of down payment assistance to a person who is an
unauthorized alien. (Section 5).


STORAGE NAME: h1307.COM
DATE: 2/7/2026
                                                                                                                                            1
                                                                                                             HB 1307
The bill provides the following definitions:
    “Down payment assistance” includes, but is not limited to, grants to assist a person in the purchase of a
        residential property which takes the form of a loan or a silent second mortgage.
    “Silent second mortgage” means a second mortgage used to secure funds for a down payment for a
        residential property which is not disclosed to the original mortgage lender before closing occurs. (Section
        5).

The bill requires an unauthorized alien who receives down payment assistance in violation of the bill’s provisions
to immediately repay the down payment assistance to the applicable entity. If an unauthorized alien does not repay
the down payment assistance as required, the state or local governmental entity, the Corporation, or the private
corporation, as applicable, must initiate foreclosure proceedings1 against the unauthorized alien. (Section 5).

The bill specifies that loans available through the Florida Homeownership Assistance Program and the Florida
Hometown Hero Program, which are both administered by the Corporation, to assist certain persons in purchasing
their first home, are limited to persons who are lawfully present in the United States (Sections 6 and 7).

Workers’ Compensation
The bill revises the definition of “employee” for purposes of workers’ compensation to exclude unlawfully
employed aliens. The bill also revises the definition to specify that the term includes “lawfully or unlawfully
employed minors.” (Section 8).

The bill provides that an employer who knowingly hires or employs an individual who is not authorized to work in
the United States is personally and fully liable for all medical and treatment costs and related expenses resulting
from an injury sustained by the unauthorized alien in the course of employment. The bill provides that the
employer may not transfer this risk to a third-party, including an insurance company or state agency. (Section 10).

The bill provides penalties for employers who violate the workers’ compensation provisions of the bill. These
penalties include:
    fines of up to $50,000 per violation;2
    reimbursement of any public funds used to provide medical care to the unauthorized alien; and
    revocation of the employer’s business license, registration, or certification issued by the appropriate
        licensing authority.
            o DFS is required to forward reported violations of the bill to the appropriate licensing authority for
                enforcement. (Section 10).

The bill requires employers to verify an employee’s employment eligibility through the E-Verify system before
submitting a claim for workers’ compensation benefits. If the employer fails to do so, the employer is:
    ineligible to receive indemnity or medical coverage from the employer’s workers’ compensation insurance
        provider for injuries sustained by that employee; and
    personally liable for all costs, expenses, and benefits that would have otherwise been covered under
        Florida’s workers’ compensation laws. (Section 11).

The bill provides that employers must retain copies of the documentation provided and any verification generated
by the E-Verify system for each employee. Employers must provide such documentation to DFS or the insurer upon
request. (Section 11).

Employment of Unauthorized Aliens
The bill increases current penalties for employers who knowingly employ, hire, recruit, or refer for private or
public employment an unauthorized alien.


1 Pursuant to ch. 702, F.S.
2 Fines collected pursuant to this provision must be deposited into the Workers’ Compensation Administration Trust Fund.

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                                                                                                          HB 1307
For a first time violation, the bill increases the penalty from the Department of Commerce (“Commerce”) to
suspend for one year all licenses held by the employer which were issued by a licensing agency under the
Administrative Procedure Act,3 and impose a fine not to exceed $10,000 per violation, rather than a one-year
suspension and reporting. (Section 12).

For a second time violation, the bill increases penalties from a 30- or 60-day suspension or revocation, depending
on the number of unauthorized aliens employed, of all licenses held by the employer which were issued by a
licensing agency under the Administrative Procedure Act, to a five-year suspension of all such licenses and fines of
up to $100,000 per violation. (Section 12).

For employers who knowingly employ, hire, recruit, or refer for private or public employment a third time,
Commerce must permanently revoke all licenses held by the employer personally, as well as any license held by
the entity if the employer is a corporation, which were issued by a licensing agency under the Administrative
Procedure Act, and must impose a fine of up to $250,000 per violation. (Section 12).

Regardless of the number of violations, if an employer knowingly employs, hires, recruits, or refers for private or
public employment and the actions of an unauthorized alien employee result in injuries to another person,
Commerce must suspend for five years all licenses held by the employer which were issued by a licensing agency
under the Administrative Procedure Act, and impose a fine of up to $100,000 per violation. (Section 12).

If the actions of an unauthorized alien employee result in the death of another person, Commerce must
permanently revoke all licenses held by the employer which were issued by a licensing agency under the
Administrative Procedure Act, and impose a fine of up to $500,000 per violation. (Section 12).

The bill creates a civil cause of action against an employer who knowingly employs, hires, recruits, or refers for
private or public employment and the actions of an unauthorized alien employee cause injuries or death to another
person. The bill specifies that the injured person or the next of kin of the deceased person may bring a civil cause of
action against the employer. (Section 12).

The bill provides that it is a third-degree felony for an employer to knowingly hire more than 50 unauthorized
aliens, and Commerce is required to permanently revoke all licenses held by the employer personally, as well as
any licenses held by the entity if the employer is a corporation, which were issued by a licensing agency under the
Administrative Procedure Act. (Section 12).

Fines collected under this section must be deposited into the State Economic Enhancement and Development Trust
Fund. (Section 12).

The bill grants DFS authority to request from an employer copies of any documentation relied upon by the
employer for the verification of a new employee’s employment eligibility. (Section 13).

Money Services Businesses
The bill prohibits money services businesses from initiating a foreign remittance transfer4 before verifying that the
sender is not an unauthorized alien. A remittance transfer is an electronic transfer of funds requested by a sender
to a designated recipient that is sent by a remittance transfer provider. A foreign remittance transfer takes place
when the recipient is outside of the United States.

The bill requires money services business to provide confirmation of verification of the sender’s lawful status on
forms prescribed by the Financial Services Commission. These forms must be submitted to the Office of Financial
Regulation (“OFR”) by the 15th of the month after the close of each calendar quarter. (Section 14).

3 Chapter 120, F.S., may be cited as the “Administrative Procedure Act.” See s. 120.51, F.S.
4 The bill defines “foreign remittance transfer” as “a remittance transfer as defined in the Electronic Fund Transfer Act, 15

U.S.C. s. 1693o-1, as amended, the recipient of which is located in any country other than the United States.”
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                                                                                                              HB 1307

The bill provides that if a money services business initiates a foreign remittance transfer without verifying the
sender’s lawful presence, it must pay a penalty equal to 25% of the amount transferred, excluding any fees or
charges imposed by the money services business. The penalties must be remitted to OFR along with the
verification forms by the 15th of the month after the close of each calendar quarter. OFR must deposit any penalties
collected into the Regulatory Trust Fund. (Section 14).

The bill requires money services businesses to keep for five years any documentation used to verify that the
sender of a foreign remittance transfer is not an unauthorized alien, and the penalties paid to OFR, including the
date and amount of each foreign remittance transfer and the name, date of birth, and address of each sender.
(Section 15).

The bill provides that OFR may request at any time records of the documentation used to verify that the sender of a
foreign remittance transfer is not an unauthorized alien. Money services businesses must provide these records
upon OFR’s request. (Section 16).

The bill provides that a person may file a complaint with OFR if the person has a good faith belief that a money
services business is not verifying a sender of a foreign remittance transfer’s lawful presence in the United States. If
the complaint is substantiated by evidence, OFR must notify the money services business of the complaint and the
substantiated evidence, and the money services business must pay the 25% penalty created in Section 14 of the
bill. (Section 16).

Beginning July 1, 2026, the bill requires OFR to conduct random quarterly audits of money services businesses.
During these audits, a money services business must produce the records of documentation it used to verify that
each sender of a foreign remittance transfer is not an unauthorized alien. (Section 16).

The bill provides that failing to pay the penalty as a result of a complaint or failing to provide documentation upon
request or during an audit constitute grounds for the suspension of all licenses held by the money services
business that were issued by OFR. (Section 16).

The bill provides that money services businesses may not accept the following as forms of personal identification
for purposes of verifying the customer’s identity when the payment instrument is $1,000 or more:
     a driver license or identification card issued exclusively to an unauthorized alien or undocumented
        immigrant;
     a driver license or identification card that is substantially the same as a license or identification card issued
        to a United States citizen or resident or others lawfully present in the United States but which has markings
        establishing that the license holder did not present proof of his or her lawful presence in the United States.
        (Section 17).

State-chartered Financial Institutions
The bill provides that state-chartered financial institutions may not accept the following forms of identification for
the purpose of opening a deposit account, loan account, safe deposit box, or to receive any other services from the
institution:
     a driver license or identification card issued exclusively to an unauthorized alien or undocumented
         immigrant;
     a driver license or identification card that is substantially the same as a license or identification card issued
         to a United States citizen or resident or others lawfully present in the United States but which has markings
         establishing that the license holder did not present proof of his or her lawful presence in the United States.
         (Section 19).

Presumption of Fault for Unauthorized Out-of-State Drivers


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                                                                                                                HB 1307
The bill creates a rebuttable presumption that if an unauthorized out-of-state driver5 is involved in a motor vehicle
accident in the state, the unauthorized out-of-state driver is at fault for purposes of filing an insurance claim. This
presumption applies regardless of the unauthorized out-of-state driver’s compliance with other traffic laws at the
time of the accident. (Section 18).

The presumption does not apply if the other driver involved in the motor vehicle accident is determined, by clear
and convincing evidence,6 to be at egregious fault because of, but not limited to:
    reckless driving,
    leaving the scene of an accident, or
    racing on highways. (Section 18).

The presumption may be rebutted by clear and convincing evidence that the unauthorized out-of-state driver was
not at fault based on witness statements, accident reconstruction, or video evidence directly related to the
circumstances of the accident. (Section 18).

The bill requires law enforcement officers investigating motor vehicle accidents to verify whether any person
involved is an unauthorized out-of-state driver or has an invalid out-of-state driver license. If the law enforcement
officer finds that a driver involved in an accident has an invalid out-of-state driver license, the law enforcement
officer must note that on the Florida Traffic Crash Report, Long Form or short-form crash report, and notify the
Department of Highway Safety and Motor Vehicles within 48 hours after the accident. (Section 18).

The bill requires insurers to apply the presumption in processing claims and may not pay benefits to or settle
claims with an unauthorized out-of-state driver. Insurers are required by the bill to report any suspected
noncompliance or rebuttal attempts by the unauthorized out-of-state driver to the Office of Insurance Regulation
(“OIR”) within 30 days after the filing of the insurance claim. If an insurer fails to do so, they are subject to
administrative penalties. (Section 18).

If an unauthorized out-of-state driver’s insurer is a foreign insurer7 and not licensed in this state, any party
aggrieved by nonenforcement of the presumption and requirements of the bill may bring a civil action for
injunctive relief and the prevailing party is entitled to reasonable attorney fees and costs. (Section 18).

These provisions only apply to all insurance policies issued or renewed on or after the effective date of the bill and
to all motor vehicle accidents that occur on or after the effective date of the bill. (Section 18).

Effective Date
The bill becomes effective upon becoming a law. (Section 21).

RULEMAKING:
The bill requires DFS to adopt rules to establish criteria to verify that an applicant is lawfully present in the United
States before issuing a license or certificate. (Section 1).


5 The bill defines “unauthorized out-of-state driver” as “a person operating a vehicle who has an invalid out-of-state driver

license.” A driver license is an invalid out-of-state driver license if it is of a class of licenses issued by another state exclusively
to unauthorized aliens or undocumented immigrants who are unable to prove lawful presence in the United States when the
licenses are issued. This includes licenses that are issued exclusively to unauthorized aliens or undocumented immigrants or
licenses that are substantially the same as licenses issued to citizens, residents, or those lawfully present in the United States
but have markings establishing that the licenseholder did not exercise the option of providing proof of lawful presence. See s.
322.033, F.S.
6 “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a

firm belief or conviction, without hesitation, about the matter in issue. Fla. Std. Jury Instr. (Civ.) 414.3 (Clear and convincing
evidence).
7 A “foreign insurer” is an insurer domiciled outside of Florida, but within the United States. See s. 624.06, F.S.

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The bill allows DFS to adopt rules to implement and enforce the requirement that employers use E-Verify to verify
an employee’s eligibility for employment before submitting a workers’ compensation claim. (Section 11).

The bill requires the Financial Services Commission to adopt rules relating to acceptable forms of documentation
that a money services business must use to verify that the sender of a foreign remittance transfer is not an
unauthorized alien. (Section 14).

The bill requires the Department of Highway Safety and Motor Vehicles and OIR to adopt rules to implement the
rebuttable presumption that unauthorized out-of-state drivers involved in a motor vehicle accident are at fault.
These rules must include standardized verification forms and procedures for interagency coordination. (Section
18).

The bill requires OFR to adopt rules to ensure compliance and enforcement of the provision that state-chartered
financial institutions may not accept certain forms of identification. (Section 19).

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on the Department of Financial Services, the Office of Financial
Regulation, and the Office of Insurance Regulation to the extent they may need additional resources to enforce the
provisions of the bill.


RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Financial Services
The Chief Financial Officer is a constitutional officer who is the head of the Department of Financial Services
(“DFS”). DFS enforces certain provisions of the Florida Insurance Code, including those related to insurance agents,
insurance agencies, managing general agents, insurance adjusters, reinsurance intermediaries, viatical settlement
brokers, customer representatives, service representatives, and agencies.8 The Department of Financial Services
oversees workers’ compensation carriers, including carrier responsibilities, coverage requirements, claim
procedures, timelines, and penalties.9

Division of Risk Management
The Division of Risk Management, within DFS, manages the State Risk Management Trust Fund. This trust fund
provides for all departments of the state, and their employees, agents, and volunteers: 10
    coverage for workers’ compensation claims;
    general liability;
    fleet automotive liability;
    federal civil rights actions under 42 U.S.C. s. 1983 or similar federal statutes;
    benefits payable to firefighters diagnosed with cancer under certain conditions; and
    court-awarded attorney fees in other proceedings against the state, except for cases of eminent domain,
       inverse condemnation, or for awards by the Public Employees Relations Commission.


8 S. 626.016, F.S.
9 Chapter 440, F.S.
10 S. 284.30, F.S. and s. 284.31, F.S.

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Florida Housing Finance Corporation
The Florida Housing Finance Corporation (“Corporation”) was created in 1997 as a public-private entity to assist in
providing a range of affordable housing opportunities for Floridians.11 The Corporation is held by the state and
housed within the Department of Commerce (“Commerce”).12 The Corporation is a separate budget entity and its
operations are not subject to control, supervision, or direction by Commerce.13

The Corporation’s mission is to increase the supply of safe, affordable housing for individuals and families in
Florida.14 The Corporation encourages the investment of private capital and facilitates public and private sector
housing partnerships.15 As a financial institution, the Corporation administers federal and state resources to
finance the development and preservation of affordable rental housing and assist homebuyers with financing and
down payments.16

The Corporation may prevent an applicant or an applicant’s affiliate from participating in any of its programs
under certain circumstances if the applicant or affiliate has:
    Made a material misrepresentation or engaged in fraudulent actions in connection with any Corporation
       program;
    Been convicted or found guilty of, or entered a plea of guilty or nolo contendere17 to, a crime in any
       jurisdiction which directly relates to the financing, construction, or management of affordable housing or
       the fraudulent procurement of state or federal funds;
    Been excluded from any federal funding program related to providing housing, including debarment18 from
       participation in federal housing programs by the U.S. Department of Housing and Urban Development;
    Been excluded from any federal or Florida procurement programs;
    Offered or given consideration, other than the consideration to provide affordable housing, with respect to
       a local contribution;
    Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice
       from the Corporation in the construction, operation, or management of one or more developments funded
       through a Corporation program; or
    Materially or repeatedly violated any condition imposed by the corporation in connection with the
       administration of a corporation program, including a land use restriction agreement, an extended use
       agreement, or any other financing or regulatory agreement with the Corporation.19




11 See ch. 97-167, Laws of Fla.
12 S. 420.504(1), F.S.
13 S. 420.504(3), F.S.
14 S. 420.502, F.S. See also Florida Housing Finance Corporation (Corporation), About Florida Housing,

https://www.floridahousing.org/about-florida-housing/ (last visited Feb. 6, 2026).
15 S. 420.502, F.S. See also Office of Program Policy Analysis & Government Accountability, Report No. 09-S15: Florida Housing

Finance Corporation Overview, The Florida Legislature Sunset Review, Jan. 2009, p. 1.
https://oppaga.fl.gov/Documents/Reports/09-15S.pdf (last visited Feb. 6, 2026).
16 See Corporation, About Florida Housing, https://www.floridahousing.org/about-florida-housing/ (last visited Feb. 6, 2026).
17 By entering a plea of nolo contendere, a defendant does not admit the allegations of the charge against him or her in a

technical sense, but rather represents the defendant’s unwillingness to contest the charge. Grizzard v. State, 881 So. 2d 673, at
676-677 (Fla. Dist. Ct. App. 2004). See also, Vinson v. State, 345 So.2d 711 (Fla.1977); Kelly v. Dep't of Health & Rehab. Serv., 610
So.2d 1375 (Fla. 2d DCA 1992).
18 “Debarment” means an action taken by a federal agency to prohibit a recipient from participating in federal government

procurement contracts and covered nonprocurement transactions. 1 C.F.R. § 182.630.
19 S. 420.518(1), F.S.

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Florida Homeownership Assistance Program
The Florida Homeownership Assistance Program (“HAP”), which is administered by the Corporation, uses state
funds to assist low-income and moderate-income persons in purchasing a home as their primary residence.20

In administering HAP, the Corporation is authorized to underwrite and issue mortgage loans to persons or families
who have incomes that do not exceed 120 percent of the state or local median income, whichever is greater,
adjusted for family size.21 Such loans may be subordinated loans to assist with down payments or closing costs
related to the purchase of a primary residence, or permanent loans to assist with the purchase of a primary
residence.22

The Corporation is also authorized to underwrite and issue mortgage loans through HAP to developers or
nonprofit sponsors for the purchase of property or for the construction or financing of housing to be offered for
sale to certain persons as a primary residence at an affordable price.23 For projects financed through this type of
HAP loan, the following conditions (among others) apply:
     At least 30 percent of the units in a project financed through HAP must be sold to persons or families who
         have incomes that do not exceed 30 percent of the state or local median income, whichever is greater,
         adjusted for family size; and
     At least another 30 percent of the units in such a project must be sold to persons or families who have
         incomes that do not exceed 65 percent of the state or local median income, whichever amount is greater,
         adjusted for family size.24

In the 2023-2024 fiscal year, 2,719 households received a total of $27,190,000 through HAP.25

Florida Hometown Hero Program
The Florida Hometown Hero Program (“HHP”), which is administered by the Corporation, uses state funds to assist
Florida’s hometown workforce in attaining homeownership by providing financial assistance to certain persons to
purchase a home as their primary residence.26

Under HHP, a borrower may apply to the Corporation for a loan to reduce the amount of the down payment and
closing costs paid by the borrower by a minimum of $10,000 and up to 5 percent of the first mortgage loan, not to
exceed $35,000.27 The loan is made available at a zero percent interest rate for the term of the first mortgage.28

The Corporation is authorized to underwrite and issue mortgage loans through HHP to persons or families who
have household incomes that do not exceed 150 percent of the state median income or local median income,
whichever is greater.29 To be eligible to participate in HHP, the borrower must be:
    Seeking to purchase a home as a primary residence;
    A first-time homebuyer;
    A Florida resident; and
    Employed full-time by a Florida-based employer.30

20 S. 420.4088, F.S.
21 S. 420.5088(1)(a), F.S.
22 S. 420.507(23)(a)1.-2., F.S.
23 S. 420.507(23)(a)3., F.S.
24 S. 420.5088(2)(e), F.S.
25 Corporation, 2024 Annual Report, p. 12, https://www.flipsnack.com/98FB7CA8B7A/2024-annual-report-tulw5aajiq/full-

view.html (last visited Feb. 6, 2026).
26 S. 420.5096(2), F.S.
27 Id.
28 Id.
29 S. 420.5096(2), F.S.
30 The borrower must provide documentation of full-time employment or full-time status for self-employed individuals. The

requirement to be a first-time homebuyer does not apply to a borrower who is an active duty servicemember of a branch of
the armed forces or the Florida National Guard, as defined in s. 250.01, F.S., or a veteran. S. 420.5096(2), F.S.
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For the 2025-2026 fiscal year, financial assistance through HHP appropriated in the 2025-2026 General
Appropriations Act is limited to the following borrowers:
     A person employed full-time by a Florida-based employer as a health care worker, school staff member,
        first responder, public safety or court employee, or child care worker;
     A servicemember of the U.S. military or military reserves, the U.S. Coast Guard or its reserves, or the Florida
        National Guard; or
     A veteran employed full-time by a Florida-based employer.31

In the 2023-2024 fiscal year, 8,300 households received a total of $132,276,190 in down payment assistance
through HHP, resulting in a total of $2,618,285,404 in first mortgage assistance through HHP overall.32

Workers’ Compensation
Workers’ compensation is a no-fault system that provides disability and medical benefits and compensation for
lost wages when an employee is injured in the course of employment.33 Employers must secure coverage, and may
do so by purchasing insurance from an authorized carrier, qualifying as a self-insurer, or purchasing coverage from
the Florida Workers’ Compensation Joint Underwriting Association, which is the state-sponsored insurer of last
resort.34

E-Verify
Current law requires private employers with 25 or more employees to use the federal E-Verify system to confirm
immigration status for new employees.35 E-Verify is a federal Internet-based system through which an employer
can verify that a newly hired employee is authorized to work in the United States. E-Verify is administered by the
Department of Homeland Security in partnership with the Social Security Administration. It is free for employers to
use and provides an automated link to government records to help employers confirm the employment eligibility
of new hires.

The following specified government entities may request, and an employer must provide, copies of any
documentation relied upon by the employer for the verification of a new employee’s employment eligibility:36
    The Department of Law Enforcement;
    The Attorney General;
    The state attorney in the circuit in which the new employee works;
    The statewide prosecutor; or
    The Department of Commerce.

These entities must rely on the federal government to verify an employee’s employment eligibility and may not
independently make a final determination as to whether an employee is an unauthorized alien.37

An employer that uses the E-Verify system or, if that system is unavailable, the Form I-9, with respect to the
employment of an unauthorized alien has established a rebuttable presumption and an affirmative defense that the
employer has not violated the state prohibition on hiring unauthorized aliens,38 with respect to such
employment.39



31 S. 420.5096(5)(a), F.S.
32 Supra note 25, p. 13.
33 S. 440.015, F.S.
34 Ss. 440.38 and 627.311(5), F.S.
35 S. 448.095, F.S.
36 S. 448.095(3)(a), F.S.
37 Id.
38 S. 448.09, F.S.
39 S. 448.095(4)(a), F.S.

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According to the federal Immigration and Nationality Act (“INA”), an employer using E-Verify or the Form I-9,
establishing good faith compliance with the law, has established an affirmative defense and a rebuttable
presumption that the person or entity has not violated the federal law with respect to such hiring, recruiting, or
referring.40

Department of Commerce
The Department of Commerce (“Commerce”) is responsible for enforcing the requirement to use E-Verify. If
Commerce determines that an employer failed to use the E-Verify system to verify the employment eligibility of
employees, Commerce must notify the employer of its determination of noncompliance and provide the employer
with 30 days to cure the noncompliance.41 If an employer is determined to not have used the E-Verify system three
times in any 24-month period, Commerce must impose a fine of $1,000 per day until the employer provides
sufficient proof to Commerce that the noncompliance is cured.42

Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject to the
Administrative Procedure Act until the noncompliance is cured.43 Fines collected must be deposited into the State
Economic Enhancement and Development Trust Fund for use by Commerce for employer outreach and public
notice of the state's employment verification laws.44

If Commerce finds that an employer has knowingly employed an unauthorized alien without verifying the
employment eligibility of such person, Commerce must enter an order pursuant to the Administrative Procedure
Act, making such determination and require repayment of any state economic development incentive. Commerce
must also place the employer on probation for one year and require the employer to report quarterly to
demonstrate compliance with the employment requirements.45

Any violation that takes place within 24 months after a previous violation constitutes grounds for the suspension
or revocation of all licenses issued by a licensing agency subject to the Administrative Procedure Act, under the
following conditions:
     One to 10 unauthorized aliens, suspension of all applicable licenses held by a private employer for up to 30
        days by the respective agencies that issued them.
     Eleven to 50 unauthorized aliens, suspension of all applicable licenses held by a private employer for up to
        60 days by the respective agencies that issued them.
     More than 50 unauthorized aliens, revocation of all applicable licenses held by a private employer by the
        respective agencies that issued them.46

Commercial Driver Licenses
Federal law establishes minimum qualification standards for individuals operating commercial motor vehicles and
motor carriers are prohibited from permitting unqualified individuals to drive.47

To be qualified, a commercial driver must, among other requirements:48
     be at least 21 years old49;

40 8 U.S.C. s. 1324a(a)(3) and (b)(6); 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
41 S. 448.095(6), F.S.
42 Id.
43 Id.
44 Id.
45 S. 448.09(3), F.S.
46 S. 448.09(4), F.S.
47 49 C.F.R. § 391.11(a).
48 49 C.F.R. § 391.11(b)(1)-(3).
49 An individual who is at least 18 years of age, but younger than 21, is restricted to intrastate operation only.

https://www.flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-drivers/commercial-driver-license/ (last
visited Feb. 6, 2026). See also, 49 C.F.R. § 383.71(a). A Commercial Learner’s Permit can be issued to a person 18 years of age
or older.
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       be able to read and speak the English language sufficiently to communicate with the general public,
        understand traffic signs and signals, respond to official inquiries, and accurately complete required reports
        and records; and
       have the training, experience, or both, necessary to safely operate the type of commercial motor vehicle
        driven.

Drivers must also meet federal physical qualification standards, hold a valid commercial driver license issued by
one jurisdiction, not be subject to federal disqualification, and have successfully completed a road skills test or an
equivalent licensing requirement accepted by the employing motor carrier.50

Beginning, February 6, 2026, all driver license knowledge and skills examinations will be administered exclusively
in English.51

Florida law prohibits the Department of Highway Safety and Motor Vehicles from issuing a driver license to a
person who is an unauthorized alien or undocumented immigrant.52

Invalid Out-of-State Driver Licenses
Licenses that are issued exclusively to unauthorized aliens or undocumented immigrants, and licenses that have
markings establishing that the licenseholder did not exercise the option of providing proof of lawful presence are
invalid in Florida.53

The Department of Highway Safety and Motor Vehicles (“DHSMV”) must maintain a list of out-of-state classes of
driver licenses that are invalid in Florida.54

DHSMV has identified two states that issue licenses exclusively to unauthorized aliens: Connecticut and
Delaware.55

Additionally, 18 states issue licenses that are substantially the same as those issued to those lawfully present in the
United States, but that include a marking establishing that the licenseholder did not exercise the option of
providing proof of lawful presence. These markings include “federal limits apply,” “not valid for official federal
purposes,” “limited purpose driver’s license,” and “not for ‘REAL ID’ purposes.”56 The states and jurisdictions that
issue this class of license include: California, Colorado, D.C., Hawaii, Illinois, Maryland, Massachusetts, Minnesota,
Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington.57

Money Services Businesses
A money services business is, “any person located in or doing business in this state, from this state, or into this
state from locations outside this state or country who acts as a payment instrument seller, foreign currency
exchanger, check casher, or money transmitter.”58 Money services businesses must be licensed with OFR.59




50 49 C.F.R. § 391.11(b)(4)-(7).
51 DHSMV, Driver Licenses & ID Cards (Jan. 30, 2026), https://www.flhsmv.gov/2026/01/30/flhsmv-announces-driver-license-

exams-to-be-administered-in-english-only/ (last visited Feb. 6, 2026).
52 S. 322.033, F.S.
53 S. 322.033(2), F.S.
54 S. 322.033(4), F.S.
55 DHSMV, Out-of-state license classes no longer accepted in Florida, https://www.flhsmv.gov/driver-licenses-id-cards/visiting-

florida-faqs/sb1718/ (last visited Feb. 6, 2026).
56 Id.
57 Id.
58 S. 560.103(23), F.S.
59 S. 560.125, F.S.

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Office of Financial Regulation (“OFR”)
OFR is responsible for all activities of the Financial Services Commission relating to the regulation of banks, credit
unions, other financial institutions, finance companies, and the securities industry.60 The Division of Consumer
Finance within OFR licenses and regulates various aspects of the non-depository financial services industries,
including mortgage and money services businesses.61

Regulatory Trust Fund
The Regulatory Trust Fund is used by OFR to pay the costs associated with carrying out OFR’s responsibilities
under the Money Services Businesses chapter.62 The Regulatory Trust Fund is funded by money paid in license
application fees, license renewal fees, late payment penalties, civil penalties, administrative fines, and other fees,
costs, or penalties paid to OFR pursuant to the Money Services Businesses chapter.63

State-Chartered Financial Institutions
A financial institution must hold a federal or state charter to accept deposits. Banks are chartered either as national
banks by the Office of the Comptroller of the Currency (“OCC”) under the United States Department of the
Treasury, or as state banks by a state regulator.64

In Florida, the Florida Financial Institutions Code governs all state-authorized and state-chartered banks, trust
companies, and related entities.65 OFR licenses and regulates 196 financial entities, including 57 state-chartered
banks.66

Office of Insurance Regulation
The Office of Insurance Regulation (“OIR”) regulates all activities relating to insurers and other risk bearing
entities, including licensing, rates, policy forms, marked conduct, claims, issuance of certificates of authority,
solvency, viatical settlements, premium financing, and administrative supervision.67 OIR is responsible for
examining the affairs, transactions, accounts, records, and assets of each authorized insurer in the state.68 As part of
that process, insurers must make available all records relating to the subject of the examination.69 OIR is also
authorized to carry out market conduct examinations to determine compliance with the Florida Insurance Code.70




60 S. 20.121(3)(a)(2), F.S.
61 OFR, Division of Consumer Finance, https://flofr.gov/divisions-offices/division-of-consumerfinance (last visited Feb. 6,

2026).
62 S. 560.144, F.S.
63 Id.
64 Congressional Research Service, Introduction to Financial Services: Banking, p. 1, January 5, 2023, available at:

https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited Feb. 6, 2026).
65 S. 655.005(1)(k), F.S., states that the Financial Institutions Codes includes: Ch. 655, F.S., financial institutions generally; Ch.

657, F.S., credit unions; Ch. 658, F.S., banks and trust companies; Ch. 660, F.S., trust business; Ch. 662, F.S., family trust
companies; Ch. 663, F.S., international banking; Ch. 665, F.S., relating to associations; and Ch. 667, F.S., savings banks.
66 OFR, Fast Facts (2025 ed.), available at: https://flofr.gov/docs/default-source/documents/fast-facts.pdf (last visited Feb. 6,

2026).
67 S. 20.121(3)(a), F.S.
68 S. 624.316(1)(a), F.S.
69 S. 624.318(2), F.S.
70 S. 624.3161, F.S.

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RECENT LEGISLATION:

  YEAR                    BILL #/SUBJECT               HOUSE/SENATE              OTHER INFORMATION
                                                        SPONSOR(S)
 2025B    HB 1B - Immigration                          McClure/ Gruters       Passed and became law.

  2023    CS/CS/SB 1718 - Immigration                  Michael/ Ingoglia      Passed and became law.

  2022    CS/SB 1808 - Immigration Enforcement          Snyder/ Bean          Passed and became law.




                                             BILL HISTORY
                                                                              STAFF
                                                                            DIRECTOR/       ANALYSIS
COMMITTEE REFERENCE                        ACTION          DATE            POLICY CHIEF   PREPARED BY
Commerce Committee                                                            Hamon          Miguez

State Affairs Committee

Judiciary Committee




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           HB 1307                                                                                               2026




    1                                         A bill to be entitled
    2                An act relating to unauthorized aliens; creating s.
    3                17.72, F.S.; prohibiting the Department of Financial
    4                Services from issuing a license or certification to
    5                unauthorized aliens; requiring the department to adopt
    6                rules; amending s. 125.0167, F.S.; authorizing a
    7                county to require a borrower to provide proof of being
    8                lawfully present in the United States; creating s.
    9                284.52, F.S.; providing definitions; authorizing the
10                   Division of Risk Management to approve or deny claims
11                   relating to a minor who is an unauthorized alien;
12                   prohibiting the division from approving any claim
13                   submitted by an adult who is an authorized alien or
14                   fails to provide lawful documentation of citizenship;
15                   amending s. 322.53, F.S.; requiring certain
16                   procedures, instruction, and testing to be conducted
17                   in English; prohibiting alternate language
18                   accommodations; creating s. 420.56, F.S.; providing
19                   definitions; prohibiting certain entities and
20                   corporations from providing down payment assistance to
21                   unauthorized aliens; requiring an unauthorized alien
22                   to repay such down payment assistance if received;
23                   authorizing certain entities and corporations to
24                   initiate foreclosure proceedings under certain
25                   circumstances; amending s. 420.5088, F.S.; providing

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        HB 1307                                                                                               2026




26                that the Florida Homeownership Assistance Program is
27                to assist certain persons who are lawfully present in
28                the United States; amending s. 420.5096, F.S.;
29                providing that the Florida Hometown Hero Program is to
30                assist certain persons who are lawfully present in the
31                United States; amending s. 440.02, F.S.; revising the
32                definition of the term "employee"; amending s. 440.10,
33                F.S.; conforming a provision to changes made by the
34                act; creating s. 440.1001, F.S.; defining the term
35                "unauthorized alien"; providing that an employer who
36                hires or employs an unauthorized alien is personally
37                liable for any medical and treatment costs resulting
38                from an injury to such person; prohibiting an employer
39                from transferring or shifting financial responsibility
40                for such injury to others; providing penalties;
41                requiring the Department of Financial Services to
42                transfer reported violations to appropriate licensing
43                authorities; creating s. 440.1002, F.S.; defining the
44                term "E-Verify system"; requiring an employer to
45                verify an employee's employment eligibility before
46                submitting a workers' compensation claim; requiring
47                employers to retain and provide to the Department of
48                Financial Services upon request certain documentation
49                and verification; providing construction; authorizing
50                the department to adopt rules; amending s. 448.09,

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        HB 1307                                                                                               2026




51                F.S.; providing penalties for an employer who
52                knowingly employs, hires, recruits, or refers an
53                unauthorized alien; requiring fines collected to be
54                deposited into the State Economic Enhancement and
55                Development Trust Fund; providing a civil cause of
56                action; amending s. 448.095, F.S.; authorizing the
57                Department of Financial Services to request certain
58                verification of an employee's employment eligibility;
59                amending s. 560.208, F.S.; requiring a licensee to
60                verify a person's citizenship status before initiating
61                a foreign remittance transfer; defining the term
62                "foreign remittance transfer"; requiring the Financial
63                Services Commission to adopt certain rules; requiring
64                licensees to submit certain forms to the commission
65                within a specified time period; providing a penalty;
66                requiring a licensee to submit such penalty to the
67                commission within a specified time period; requiring
68                the commission to deposit penalties collected into the
69                Regulatory Trust Fund; providing construction;
70                amending s. 560.211, F.S.; requiring licensees to
71                make, keep, and preserve certain documentation used to
72                verify a sender of a foreign remittance transfer is
73                not an unauthorized alien; creating s. 560.2115, F.S.;
74                defining the terms "foreign remittance transfer" and
75                "unauthorized alien"; authorizing the Office of

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         HB 1307                                                                                               2026




76                 Financial Regulation of the commission to request
77                 records of certain documentation; authorizing a person
78                 to file a complaint with the office; requiring the
79                 office to notify a licensee upon a substantiated
80                 complaint; requiring the office to conduct random
81                 quarterly audits beginning on a specified date;
82                 providing for the suspension of licenses under certain
83                 circumstances; amending s. 560.310, F.S.; prohibiting
84                 certain forms of personal identification for certain
85                 corporate payment instruments; creating s. 627.7408,
86                 F.S.; defining the terms "invalid out-of-state driver
87                 license" and "unauthorized out-of-state driver";
88                 creating a rebuttable presumption of fault against
89                 unauthorized out-of-state drivers involved in motor
90                 vehicle accidents; providing an exception; providing
91                 for the rebuttal of the presumption upon the showing
92                 of clear and convincing evidence; requiring law
93                 enforcement officers to note the presence of a
94                 presumption on a crash report form and notify the
95                 Department of Highway Safety and Motor Vehicles within
96                 a specified timeframe; requiring insurers to apply the
97                 presumption when processing claims; prohibiting
98                 insurers from paying or settling claims with
99                 unauthorized out-of-state drivers; requiring insurers
100                to notify the Office of Insurance Regulation within a

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         HB 1307                                                                                               2026




101                specified timeframe under certain circumstances;
102                providing administrative penalties; authorizing a
103                private cause of action under certain circumstances;
104                providing for attorney fees and costs; requiring the
105                Department of Highway Safety and Motor Vehicles and
106                the Office of Insurance Regulation to adopt certain
107                rules; providing applicability and construction;
108                creating s. 655.98, F.S.; prohibiting a state-
109                chartered financial institution from accepting certain
110                forms of personal identification; requiring the Office
111                of Financial Regulation to adopt certain rules;
112                providing a directive to the Division of Law Revision;
113                providing an effective date.
114
115      Be It Enacted by the Legislature of the State of Florida:
116
117                Section 1.       Section 17.72, Florida Statutes, is created to
118      read:
119                17.72       Prohibition on licensing and certification of
120      unauthorized aliens.—
121                (1)     The department may not issue a license or
122      certification to any person who is an unauthorized alien as
123      defined in s. 908.111(1).
124                (2)     The department shall adopt rules to establish criteria
125      for verifying compliance with subsection (1) before issuing any

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         HB 1307                                                                                               2026




126      license or certificate.
127                Section 2.       Paragraph (c) of subsection (5) of section
128      125.0167, Florida Statutes, is amended to read:
129                125.0167        Discretionary surtax on documents; adoption;
130      application of revenue.—
131                (5)
132                (c)     A county may not impose any requirement as a condition
133      to receiving any financial assistance on a borrower other than
134      requiring proof that the borrower is lawfully present in the
135      United States and that the borrower's income does not exceed 140
136      percent of the area median income. In addition to the income
137      eligibility requirement, borrowers may only be subject to loan
138      qualifications of lenders licensed to provide mortgage financing
139      as to the amount of the loan. A county may not create
140      requirements that restrict participation by eligible borrowers.
141                Section 3.       Section 284.52, Florida Statutes, is created to
142      read:
143                284.52      Denial of claims.—
144                (1)     As used in this section, the term:
145                (a)     "Adult" has the same meaning as in s. 847.001.
146                (b)     "Minor" has the same meaning as in s. 847.001.
147                (c)     "Unauthorized alien" has the same meaning as in s.
148      908.111(1).
149                (2)     The Division of Risk Management may approve or deny
150      claims relating to an unauthorized alien who is a minor;

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         HB 1307                                                                                               2026




151      however, the division may not approve a claim submitted by an
152      unauthorized alien who is an adult or by a person who fails to
153      provide lawful documentation of citizenship to the division as
154      required by state and federal law.
155                Section 4.       Subsection (5) of section 322.53, Florida
156      Statutes, is renumbered as subsection (6), and a new subsection
157      (5) is added to that section, to read:
158                322.53      License required; exemptions.—
159                (5)     All licensing procedures, prelicensing instruction,
160      and licensing testing under this chapter must be conducted in
161      English. The use of interpreters, translators, translations, or
162      alternate language accommodations are prohibited.
163                Section 5.       Section 420.56, Florida Statutes, is created to
164      read:
165                420.56      Down payment assistance for unauthorized aliens
166      prohibited.—
167                (1)     As used in this section, the term:
168                (a)     "Down payment assistance" includes, but is not limited
169      to, grants to assist a person in the purchase of a residential
170      property which takes the form of a loan or a silent second
171      mortgage.
172                (b)     "Silent second mortgage" means a second mortgage used
173      to secure funds for a down payment for a residential property
174      which is not disclosed to the original mortgage lender before
175      closing occurs.

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         HB 1307                                                                                               2026




176                (c)     "Unauthorized alien" has the same meaning as in s.
177      908.111(1).
178                (2)     State and local governmental entities, the
179      corporation, and private corporations, including nonprofit
180      organizations incorporated under chapter 617, participating in
181      down payment assistance programs or silent second mortgage
182      programs may not provide any form of down payment assistance to
183      a person who is an unauthorized alien.
184                (3)     If an unauthorized alien is discovered to have
185      received down payment assistance from a state or local
186      governmental entity, the corporation, or a private corporation,
187      the unauthorized alien must immediately repay the down payment
188      assistance to the appropriate entity or corporation. If the
189      unauthorized alien does not repay the down payment assistance,
190      the state or local governmental entity, the corporation, or the
191      private corporation must initiate foreclosure proceedings under
192      chapter 702 against the unauthorized alien.
193                Section 6.       Section 420.5088, Florida Statutes, is amended
194      to read:
195                420.5088        Florida Homeownership Assistance Program.—There
196      is created The Florida Homeownership Assistance Program is
197      created for the purpose of assisting low-income and moderate-
198      income persons who are lawfully present in the United States in
199      purchasing a home as their primary residence by reducing the
200      cost of the home with below-market construction financing, by

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         HB 1307                                                                                               2026




201      reducing the amount of down payment and closing costs paid by
202      the borrower to a maximum of 5 percent of the purchase price, or
203      by reducing the monthly payment to an affordable amount for the
204      borrower purchaser. Loans must shall be made available at an
205      interest rate that does not exceed 3 percent. The balance of any
206      loan is due at closing if the property is sold, refinanced,
207      rented, or transferred, unless otherwise approved by the
208      corporation.
209                (1)     For loans made available pursuant to s.
210      420.507(23)(a)1. or 2.:
211                (a)     The corporation may underwrite and make those mortgage
212      loans through the program to persons or families who are
213      lawfully present in the United States and have incomes that do
214      not exceed 120 percent of the state or local median income,
215      whichever is greater, adjusted for family size.
216                (b)     Loans must shall be made available for the term of the
217      first mortgage.
218                (c)     Loans may not exceed the lesser of 35 percent of the
219      purchase price of the home or the amount necessary to enable the
220      borrower purchaser to meet credit underwriting criteria.
221                (2)     For loans made pursuant to s. 420.507(23)(a)3.:
222                (a)     Availability is limited to nonprofit sponsors or
223      developers who are selected for program participation pursuant
224      to this subsection.
225                (b)     Preference must be given to community-based

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         HB 1307                                                                                               2026




226      organizations as defined in s. 420.503.
227                (c)     Priority must be given to projects that have received
228      state assistance in funding project predevelopment costs.
229                (d)     The benefits of making such loans must shall be
230      contractually provided to the persons or families purchasing
231      homes financed under this subsection.
232                (e)     At least 30 percent of the units in a project financed
233      pursuant to this subsection must be sold to persons or families
234      who are lawfully present in the United States and who have
235      incomes that do not exceed 80 percent of the state or local
236      median income, whichever amount is greater, adjusted for family
237      size; and at least another 30 percent of the units in a project
238      financed pursuant to this subsection must be sold to persons or
239      families who are lawfully present in the United States and who
240      have incomes that do not exceed 65 percent of the state or local
241      median income, whichever amount is greater, adjusted for family
242      size.
243                (f)     The maximum loan amount may not exceed 33 percent of
244      the total project cost.
245                (g)     A person who is lawfully present in the United States
246      and purchases a home in a project financed under this subsection
247      is eligible for a loan authorized by s. 420.507(23)(a)1. or 2.
248      in an aggregate amount not exceeding the construction loan made
249      pursuant to this subsection. The home purchaser must meet all
250      the requirements for loan recipients established pursuant to the

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         HB 1307                                                                                               2026




251      applicable loan program.
252                (h)      The corporation shall provide, by rule, for the
253      establishment of a review committee composed of corporation
254      staff and shall establish, by rule, a scoring system for
255      evaluating and ranking applications submitted for construction
256      loans under this subsection, including, but not limited to, the
257      following criteria:
258                1.      The affordability of the housing proposed to be built.
259                2.      The direct benefits of the assistance to the persons
260      who will reside in the proposed housing.
261                3.      The demonstrated capacity of the applicant to carry out
262      the proposal, including the experience of the development team.
263                4.      The economic feasibility of the proposal.
264                5.      The extent to which the applicant demonstrates
265      potential cost savings by combining the benefits of different
266      governmental programs and private initiatives, including the
267      local government contributions and local government
268      comprehensive planning and activities that promote affordable
269      housing.
270                6.      The use of the least amount of program loan funds
271      compared to overall project cost.
272                7.      The provision of homeownership counseling.
273                8.      The applicant's agreement to exceed the requirements of
274      paragraph (e).
275                9.      The commitment of first mortgage financing for the

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         HB 1307                                                                                               2026




276      balance of the construction loan and for the permanent loans to
277      the purchasers of the housing.
278                10.     The applicant's ability to proceed with construction.
279                11.     The targeting objectives of the corporation which will
280      ensure an equitable distribution of loans between rural and
281      urban areas.
282                12.     The extent to which the proposal will further the
283      purposes of this program.
284                (i)     The corporation may reject any and all applications.
285                (j)     The review committee established by corporation rule
286      pursuant to this subsection shall make recommendations to the
287      corporation board regarding program participation under this
288      subsection. The corporation board shall make the final ranking
289      for participation based on the scores received in the ranking,
290      further review of the applications, and the recommendations of
291      the review committee. The corporation board shall approve or
292      reject applicants for loans and shall determine the tentative
293      loan amount available to each program participant. The final
294      loan amount shall be determined pursuant to rule adopted under
295      s. 420.507(23)(h).
296                (3)     The corporation shall publish a notice of fund
297      availability in a publication of general circulation throughout
298      this the state at least 60 days before prior to the anticipated
299      availability of funds.
300                (4)     There is authorized to be established by The

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         HB 1307                                                                                               2026




301      corporation may establish with a qualified public depository
302      meeting the requirements of chapter 280 the Florida
303      Homeownership Assistance Fund to be administered by the
304      corporation according to the provisions of this program. Any
305      amounts held in the Florida Homeownership Assistance Trust Fund
306      for such purposes as of January 1, 1998, must be transferred to
307      the corporation for deposit in the Florida Homeownership
308      Assistance Fund, whereupon the Florida Homeownership Assistance
309      Trust Fund must be closed. There shall be deposited in the fund
310      moneys from the State Housing Trust Fund created by s. 420.0005,
311      or moneys received from any other source, for the purpose of
312      this program and all proceeds derived from the use of such
313      moneys. In addition, all unencumbered funds, loan repayments,
314      proceeds from the sale of any property, and any other proceeds
315      that would otherwise accrue pursuant to the activities of the
316      programs described in this section shall be transferred to this
317      fund. In addition, all loan repayments, proceeds from the sale
318      of any property, and any other proceeds that would otherwise
319      accrue pursuant to the activities conducted under the provisions
320      of the Florida Homeownership Assistance Program shall be
321      deposited in the fund and may shall not revert to the General
322      Revenue Fund. Expenditures from the Florida Homeownership
323      Assistance Fund are shall not be required to be included in the
324      corporation's budget request or be subject to appropriation by
325      the Legislature.

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326                (5)     No more than one-fifth of the funds available in the
327      Florida Homeownership Assistance Fund may be made available to
328      provide loan loss insurance reserve funds to facilitate
329      homeownership for eligible persons.
330                Section 7.       Subsections (2) and (3) of section 420.5096,
331      Florida Statutes, are amended to read:
332                420.5096        Florida Hometown Hero Program.—
333                (2)     The Florida Hometown Hero Program is created to assist
334      Florida's hometown workforce in attaining homeownership by
335      providing financial assistance to residents to purchase a home
336      as their primary residence. Under the program, a borrower who is
337      lawfully present in the United States may apply to the
338      corporation for a loan to reduce the amount of the down payment
339      and closing costs paid by the borrower by a minimum of $10,000
340      and up to 5 percent of the first mortgage loan, not exceeding
341      $35,000. Loans must be made available at a zero percent interest
342      rate and must be made available for the term of the first
343      mortgage. The balance of any loan is due at closing if the
344      property is sold, refinanced, rented, or transferred, unless
345      otherwise approved by the corporation.
346                (3)     For loans made available pursuant to s.
347      420.507(23)(a)1. or 2., the corporation may underwrite and make
348      those mortgage loans through the program to persons or families
349      who are lawfully present in the United States and who have
350      household incomes that do not exceed 150 percent of the state

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         HB 1307                                                                                               2026




351      median income or local median income, whichever is greater. A
352      borrower must be seeking to purchase a home as a primary
353      residence; must be a first-time homebuyer, and a Florida
354      resident, and lawfully present in the United States; and must be
355      employed full-time by a Florida-based employer. The borrower
356      must provide documentation of full-time employment or full-time
357      status for self-employed individuals. The requirement to be a
358      first-time homebuyer does not apply to a borrower who is an
359      active duty servicemember of a branch of the armed forces or the
360      Florida National Guard, as defined in s. 250.01, or a veteran.
361                Section 8.       Subsection (18) of section 440.02, Florida
362      Statutes, is amended to read:
363                440.02      Definitions.—When used in this chapter, unless the
364      context clearly requires otherwise, the following terms shall
365      have the following meanings:
366                (18)(a)     "Employee" means any person who receives
367      remuneration from an employer for the performance of any work or
368      service while engaged in any employment under any appointment or
369      contract for hire or apprenticeship, express or implied, oral or
370      written, whether lawfully or unlawfully employed, and includes,
371      but is not limited to, aliens authorized for employment under
372      federal law and lawfully or unlawfully employed minors.
373                (b)     "Employee" includes any person who is an officer of a
374      corporation and who performs services for remuneration for such
375      corporation within this state, whether or not such services are

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         HB 1307                                                                                               2026




376      continuous.
377                1.      Any officer of a corporation may elect to be exempt
378      from this chapter by filing notice of the election with the
379      department as provided in s. 440.05.
380                2.      As to officers of a corporation who are engaged in the
381      construction industry, no more than three officers of a
382      corporation or of any group of affiliated corporations may elect
383      to be exempt from this chapter by filing a notice of the
384      election with the department as provided in s. 440.05. Officers
385      must be shareholders, each owning at least 10 percent of the
386      stock of such corporation and listed as an officer of such
387      corporation with the Division of Corporations of the Department
388      of State, in order to elect exemptions under this chapter. For
389      purposes of this subparagraph, the term "affiliated" means and
390      includes one or more corporations or entities, any one of which
391      is a corporation engaged in the construction industry, under the
392      same or substantially the same control of a group of business
393      entities which are connected or associated so that one entity
394      controls or has the power to control each of the other business
395      entities. The term "affiliated" includes, but is not limited to,
396      the officers, directors, executives, shareholders active in
397      management, employees, and agents of the affiliated corporation.
398      The ownership by one business entity of a controlling interest
399      in another business entity or a pooling of equipment or income
400      among business entities shall be prima facie evidence that one

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         HB 1307                                                                                               2026




401      business is affiliated with the other.
402                3.      An officer of a corporation who elects to be exempt
403      from this chapter by filing a notice of the election with the
404      department as provided in s. 440.05 is not an employee.
405
406      Services are presumed to have been rendered to the corporation
407      if the officer is compensated by other than dividends upon
408      shares of stock of the corporation which the officer owns.
409                (c)      "Employee" includes:
410                1.      A sole proprietor or a partner who is not engaged in
411      the construction industry, devotes full time to the
412      proprietorship or partnership, and elects to be included in the
413      definition of employee by filing notice thereof as provided in
414      s. 440.05.
415                2.      All persons who are being paid by a construction
416      contractor as a subcontractor, unless the subcontractor has
417      validly elected an exemption as permitted by this chapter, or
418      has otherwise secured the payment of compensation coverage as a
419      subcontractor, consistent with s. 440.10, for work performed by
420      or as a subcontractor.
421                3.      An independent contractor working or performing
422      services in the construction industry.
423                4.      A sole proprietor who engages in the construction
424      industry and a partner or partnership that is engaged in the
425      construction industry.

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         HB 1307                                                                                               2026




426                (d)      "Employee" does not include:
427                1.      An independent contractor who is not engaged in the
428      construction industry.
429                a.      In order to meet the definition of independent
430      contractor, at least four of the following criteria must be met:
431                (I)      The independent contractor maintains a separate
432      business with his or her own work facility, truck, equipment,
433      materials, or similar accommodations;
434                (II)        The independent contractor holds or has applied for a
435      federal employer identification number, unless the independent
436      contractor is a sole proprietor who is not required to obtain a
437      federal employer identification number under state or federal
438      regulations;
439                (III)        The independent contractor receives compensation for
440      services rendered or work performed and such compensation is
441      paid to a business rather than to an individual;
442                (IV)        The independent contractor holds one or more bank
443      accounts in the name of the business entity for purposes of
444      paying business expenses or other expenses related to services
445      rendered or work performed for compensation;
446                (V)      The independent contractor performs work or is able to
447      perform work for any entity in addition to or besides the
448      employer at his or her own election without the necessity of
449      completing an employment application or process; or
450                (VI)        The independent contractor receives compensation for

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         HB 1307                                                                                               2026




451      work or services rendered on a competitive-bid basis or
452      completion of a task or a set of tasks as defined by a
453      contractual agreement, unless such contractual agreement
454      expressly states that an employment relationship exists.
455                b.      If four of the criteria listed in sub-subparagraph a.
456      do not exist, an individual may still be presumed to be an
457      independent contractor and not an employee based on full
458      consideration of the nature of the individual situation with
459      regard to satisfying any of the following conditions:
460                (I)     The independent contractor performs or agrees to
461      perform specific services or work for a specific amount of money
462      and controls the means of performing the services or work.
463                (II)        The independent contractor incurs the principal
464      expenses related to the service or work that he or she performs
465      or agrees to perform.
466                (III)        The independent contractor is responsible for the
467      satisfactory completion of the work or services that he or she
468      performs or agrees to perform.
469                (IV)        The independent contractor receives compensation for
470      work or services performed for a commission or on a per-job
471      basis and not on any other basis.
472                (V)     The independent contractor may realize a profit or
473      suffer a loss in connection with performing work or services.
474                (VI)        The independent contractor has continuing or
475      recurring business liabilities or obligations.

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         HB 1307                                                                                               2026




476                (VII)       The success or failure of the independent
477      contractor's business depends on the relationship of business
478      receipts to expenditures.
479                c.      Notwithstanding anything to the contrary in this
480      subparagraph, an individual claiming to be an independent
481      contractor has the burden of proving that he or she is an
482      independent contractor for purposes of this chapter.
483                2.      A real estate licensee, if that person agrees, in
484      writing, to perform for remuneration solely by way of
485      commission.
486                3.      Bands, orchestras, and musical and theatrical
487      performers, including disk jockeys, performing in licensed
488      premises as defined in chapter 562, if a written contract
489      evidencing an independent contractor relationship is entered
490      into before the commencement of such entertainment.
491                4.      An owner-operator of a motor vehicle who transports
492      property under a written contract with a motor carrier which
493      evidences a relationship by which the owner-operator assumes the
494      responsibility of an employer for the performance of the
495      contract, if the owner-operator is required to furnish motor
496      vehicle equipment as identified in the written contract and the
497      principal costs incidental to the performance of the contract,
498      including, but not limited to, fuel and repairs, provided a
499      motor carrier's advance of costs to the owner-operator when a
500      written contract evidences the owner-operator's obligation to

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         HB 1307                                                                                               2026




501      reimburse such advance shall be treated as the owner-operator
502      furnishing such cost and the owner-operator is not paid by the
503      hour or on some other time-measured basis.
504                5.      A person whose employment is both casual and not in the
505      course of the trade, business, profession, or occupation of the
506      employer.
507                6.      A volunteer, except a volunteer worker for the state or
508      a county, municipality, or other governmental entity. A person
509      who does not receive monetary remuneration for services is
510      presumed to be a volunteer unless there is substantial evidence
511      that a valuable consideration was intended by both employer and
512      employee. For purposes of this chapter, the term "volunteer"
513      includes, but is not limited to:
514                a.      Persons who serve in private nonprofit agencies and who
515      receive no compensation other than expenses in an amount less
516      than or equivalent to the standard mileage and per diem expenses
517      provided to salaried employees in the same agency or, if such
518      agency does not have salaried employees who receive mileage and
519      per diem, then such volunteers who receive no compensation other
520      than expenses in an amount less than or equivalent to the
521      customary mileage and per diem paid to salaried workers in the
522      community as determined by the department; and
523                b.      Volunteers participating in federal programs
524      established under Pub. L. No. 93-113.
525                7.      Unless otherwise prohibited by this chapter, any

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         HB 1307                                                                                               2026




526      officer of a corporation who elects to be exempt from this
527      chapter. Such officer is not an employee for any reason under
528      this chapter until the notice of revocation of election filed
529      pursuant to s. 440.05 is effective.
530                8.      An officer of a corporation that is engaged in the
531      construction industry who elects to be exempt from the
532      provisions of this chapter, as otherwise permitted by this
533      chapter. Such officer is not an employee for any reason until
534      the notice of revocation of election filed pursuant to s. 440.05
535      is effective.
536                9.      An exercise rider who does not work for a single horse
537      farm or breeder, and who is compensated for riding on a case-by-
538      case basis, provided a written contract is entered into prior to
539      the commencement of such activity which evidences that an
540      employee/employer relationship does not exist.
541                10.      A taxicab, limousine, or other passenger vehicle-for-
542      hire driver who operates said vehicles pursuant to a written
543      agreement with a company which provides any dispatch, marketing,
544      insurance, communications, or other services under which the
545      driver and any fees or charges paid by the driver to the company
546      for such services are not conditioned upon, or expressed as a
547      proportion of, fare revenues.
548                11.      A person who performs services as a sports official
549      for an entity sponsoring an interscholastic sports event or for
550      a public entity or private, nonprofit organization that sponsors

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         HB 1307                                                                                               2026




551      an amateur sports event. For purposes of this subparagraph, such
552      a person is an independent contractor. For purposes of this
553      subparagraph, the term "sports official" means any person who is
554      a neutral participant in a sports event, including, but not
555      limited to, umpires, referees, judges, linespersons,
556      scorekeepers, or timekeepers. This subparagraph does not apply
557      to any person employed by a district school board who serves as
558      a sports official as required by the employing school board or
559      who serves as a sports official as part of his or her
560      responsibilities during normal school hours.
561                12.     Medicaid-enrolled clients under chapter 393 who are
562      excluded from the definition of employment under s.
563      443.1216(4)(d) and served by Adult Day Training Services under
564      the Home and Community-Based or the Family and Supported Living
565      Medicaid Waiver program in a sheltered workshop setting licensed
566      by the United States Department of Labor for the purpose of
567      training and earning less than the federal hourly minimum wage.
568                13.     Medicaid-enrolled clients under chapter 393 who are
569      excluded from the definition of employment under s.
570      443.1216(4)(d) and served by Adult Day Training Services under
571      the Family and Supported Living Medicaid Waiver program in a
572      sheltered workshop setting licensed by the United States
573      Department of Labor for the purpose of training and earning less
574      than the federal hourly minimum wage.
575                14.     An unauthorized alien as defined in s. 908.111(1).

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         HB 1307                                                                                               2026




576                Section 9.       Subsection (2) of section 440.10, Florida
577      Statutes, is amended to read:
578                440.10      Liability for compensation.—
579                (2)     Compensation shall be payable irrespective of fault as
580      a cause for the injury, except as provided in ss. 440.09(3) and
581      440.1001 s. 440.09(3).
582                Section 10.          Section 440.1001, Florida Statutes, is created
583      to read:
584                440.1001        Employer liability for injuries to unauthorized
585      aliens.—
586                (1)     As used in this section, the term "unauthorized alien"
587      has the same meaning as in s. 908.111(1).
588                (2)     An employer who knowingly hires or employs an
589      individual who is not authorized to work in the United States
590      under federal law is personally and fully liable for all medical
591      and treatment costs and related expenses resulting from an
592      injury sustained by the unauthorized alien during his or her
593      employment.
594                (3)     An employer may not transfer or otherwise shift
595      financial responsibility for medical and treatment costs and
596      related expenses resulting from an injury to any third party,
597      including an insurance company, a state agency, or any other
598      entity.
599                (4)     An employer who violates this section is subject to
600      the following penalties:

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         HB 1307                                                                                               2026




601                (a)     A fine not to exceed $50,000 per violation. Fines
602      collected under this paragraph must be deposited into the
603      Workers' Compensation Administration Trust Fund.
604                (b)     Reimbursement of any public funds expended to provide
605      medical care to the unauthorized alien.
606                (c)     Revocation of the employer's business license,
607      registration, or certification issued by the appropriate
608      licensing authority.
609                (5)     The department shall transfer reported violations of
610      this section to the appropriate licensing authority for
611      enforcement.
612                Section 11.          Section 440.1002, Florida Statutes, is created
613      to read:
614                440.1002        Employment eligibility for purposes of workers'
615      compensation eligibility.—
616                (1)     As used in this section, the term "E-Verify system"
617      has the same meaning as in s. 448.095(1).
618                (2)     Before an employer may submit a claim for workers'
619      compensation benefits for an employee, the employer must first
620      verify the employee's employment eligibility through the E-
621      Verify system.
622                (3)     If an employer fails to check an employee's employment
623      eligibility through the E-Verify system before submitting a
624      claim for workers' compensation benefits, the employer is:
625                (a)     Ineligible to receive indemnity or medical coverage

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         HB 1307                                                                                               2026




626      from the employer's workers compensation insurance provider for
627      injuries sustained by that employee.
628                (b)     Personally liable for all costs, expenses, and
629      benefits that would have otherwise been covered under this
630      chapter.
631                (4)     An employer must retain a copy of the documentation
632      provided and any verification generated, if applicable, by the
633      E-Verify system for each employee. The employer must provide
634      such documentation or verification to the department or insurer
635      upon request.
636                (5)     This section may not be construed to bestow any
637      employment rights or legal status on an employee who is verified
638      through the E-Verify system.
639                (6)     The department may adopt rules to implement and
640      enforce this section.
641                Section 12.         Subsection (5) of section 448.09, Florida
642      Statutes, is renumbered as subsection (9), subsections (3) and
643      (4) are amended, and new subsections (4) through (8) are added
644      to that section, to read:
645                448.09      Unauthorized aliens; employment prohibited.—
646                (3)     For an employer who knowingly violates a violation of
647      this section, the department shall suspend for 1 year all
648      licenses held by the employer which were issued by a licensing
649      agency under chapter 120 and impose a fine not to exceed $10,000
650      per violation. Fines collected under this subsection must be

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         HB 1307                                                                                               2026




651      deposited into the State Economic Enhancement and Development
652      Trust Fund.
653                (4)     For an employer who knowingly violates this section a
654      second time, the department shall suspend for 5 years all
655      licenses held by the employer which were issued by a licensing
656      agency under chapter 120 and impose a fine not to exceed
657      $100,000 per violation. Fines collected under this subsection
658      must be deposited into the State Economic Enhancement and
659      Development Trust Fund.
660                (5)     For an employer who knowingly violates this section a
661      third time, the department shall permanently revoke all licenses
662      held by the employer personally, as well as any licenses held by
663      the entity if the employer is a corporation, which were issued
664      by a licensing agency under chapter 120 and impose a fine not to
665      exceed $250,000 per violation. Fines collected under this
666      subsection must be deposited into the State Economic Enhancement
667      and Development Trust Fund.
668                (6)(a)      For an employer who knowingly violates this section
669      and the actions of an unauthorized alien employee result in
670      injuries to another person, the department shall suspend for 5
671      years all licenses held by the employer which were issued by a
672      licensing agency under chapter 120 and impose a fine not to
673      exceed $100,000 per violation.
674                (b)     For an employer who knowingly violates this section
675      and the actions of an unauthorized alien employee result in the

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676      death of another person, the department shall permanently revoke
677      all licenses held by the employer which were issued by a
678      licensing agency under chapter 120 and impose a fine not to
679      exceed $500,000 per violation.
680                (c)     Fines collected under this subsection must be
681      deposited into the State Economic Enhancement and Development
682      Trust Fund.
683                (d)     There is created a civil cause of action against an
684      employer who violates this section and such violation results in
685      injuries to or the death of another person.
686                (7)     An employer who knowingly hires more than 50
687      unauthorized aliens commits a felony of the third degree,
688      punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
689      and the department shall permanently revoke all licenses held by
690      the employer personally, as well as any licenses held by the
691      entity if the employer is a corporation, which were issued by a
692      licensing agency under chapter 120.
693                (8)     A person who is injured or the next of kin, as defined
694      in s. 744.102, of a person who is killed by the actions of an
695      unauthorized alien employee may bring a cause of action under
696      subsection (6) against the employer for damages for bodily
697      injury or death place the employer on probation for a 1-year
698      period and require that the employer report quarterly to the
699      department to demonstrate compliance with the requirements of
700      subsection (1) and s. 448.095.

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         HB 1307                                                                                               2026




701                (4)      Any violation of this section which takes place within
702      24 months after a previous violation constitutes grounds for the
703      suspension or revocation of all licenses issued by a licensing
704      agency subject to chapter 120. The department shall take the
705      following actions for a violation involving:
706                (a)      One to ten unauthorized aliens, suspension of all
707      applicable licenses held by a private employer for up to 30 days
708      by the respective agencies that issued them.
709                (b)      Eleven to fifty unauthorized aliens, suspension of all
710      applicable licenses held by a private employer for up to 60 days
711      by the respective agencies that issued them.
712                (c)      More than fifty unauthorized aliens, revocation of all
713      applicable licenses held by a private employer by the respective
714      agencies that issued them.
715                Section 13.         Paragraph (a) of subsection (3) of section
716      448.095, Florida Statutes, is amended to read:
717                448.095      Employment eligibility.—
718                (3)      ENFORCEMENT.—
719                (a)      For the purpose of enforcement of this section, any of
720      the following persons or entities may request, and an employer
721      must provide, copies of any documentation relied upon by the
722      employer for the verification of a new employee's employment
723      eligibility:
724                1.      The Department of Law Enforcement;
725                2.      The Attorney General;

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         HB 1307                                                                                               2026




726                3.      The state attorney in the circuit in which the new
727      employee works;
728                4.      The statewide prosecutor;
729                5.      The Department of Financial Services; or
730                6.5.        The Department of Commerce.
731                Section 14.           Subsection (7) is added to section 560.208,
732      Florida Statutes, to read:
733                560.208        Conduct of business.—In addition to the
734      requirements specified in s. 560.1401, a licensee under this
735      part:
736                (7)      May not initiate a foreign remittance transfer unless
737      the licensee has verified that the sender is not an unauthorized
738      alien as defined in s. 908.111(1).
739                (a)      As used in this subsection, the term "foreign
740      remittance transfer" means a remittance transfer as defined in
741      the Electronic Fund Transfer Act, 15 U.S.C. s. 1693o-1, as
742      amended, the recipient of which is located in any country other
743      than the United States.
744                (b)      The commission shall adopt rules relating to
745      acceptable forms of documentation that a licensee must use to
746      verify that the sender of a foreign remittance transfer is not
747      an unauthorized alien. The licensee must provide confirmation of
748      verification on forms the commission prescribes. All required
749      forms must be submitted to the office by the 15th of the month
750      after the close of each calendar quarter.

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         HB 1307                                                                                               2026




751                (c)     A licensee who initiates a foreign remittance transfer
752      in violation of this subsection, must pay a penalty equal to 25
753      percent of the United States dollar amount transferred,
754      excluding any fees or charges imposed by the licensee. A
755      licensee must remit to the office the amount of any penalty
756      owed, along with any forms prescribed by the office, by the 15th
757      of the month after the close of each calendar quarter.
758      Notwithstanding ss. 252.3711 and 560.144, the office must
759      deposit in the Regulatory Trust Fund the penalties collected
760      under this paragraph. Notwithstanding any other provision of
761      law, the penalty imposed in this paragraph is the only remedy
762      for a violation of this subsection and a licensee may not be
763      subject to any other penalty.
764                Section 15.         Paragraphs (i) and (j) of subsection (1) of
765      section 560.211, Florida Statutes, are redesignated as
766      paragraphs (j) and (k), respectively, and a new paragraph (i) is
767      added to that subsection, to read:
768                560.211     Required records.—
769                (1)     In addition to the record retention requirements under
770      s. 560.1105, each licensee under this part must make, keep, and
771      preserve the following books, accounts, records, and documents
772      for 5 years:
773                (i)     The documentation used to verify that the sender of a
774      foreign remittance transfer, as defined in s. 560.208(7)(a), is
775      not an unauthorized alien, as defined in s. 908.111(1), and the

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         HB 1307                                                                                               2026




776      penalties paid to the office pursuant to s. 560.208(7)(c),
777      including the date and amount of each foreign remittance
778      transfer and the name, date of birth, and address of each
779      sender.
780                Section 16.          Section 560.2115, Florida Statutes, is created
781      to read:
782                560.2115        Required records audit.—
783                (1)     As used in this section, the term:
784                (a)     "Foreign remittance transfer" has the same meaning as
785      in s. 560.208(7)(a).
786                (b)     "Unauthorized alien" has the same meaning as in s.
787      908.111(1).
788                (2)     For enforcement purposes, the office may at any time
789      request, and the licensee must provide, records of documentation
790      used to verify that the sender of a foreign remittance transfer
791      is not an unauthorized alien.
792                (3)(a)      A person who has a good faith belief that a
793      licensee is failing to comply with s. 560.208(7) may file a
794      complaint with the office.
795                (b)     Upon receipt of a valid complaint of a violation of s.
796      560.208(7), which is substantiated by evidence, the office must
797      notify the licensee of the complaint and the substantiated
798      evidence and the licensee must pay the penalty under s.
799      560.208(7)(c).
800                (4)     Beginning July 1, 2026, the office must conduct random

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         HB 1307                                                                                               2026




801      quarterly audits of licensees to ensure compliance with s.
802      560.208(7). During an audit, the licensee must produce to the
803      office records of documentation the licensee used to verify that
804      each sender of a foreign remittance transfer is not an
805      unauthorized alien.
806                (5)     Failure to comply with subsections (1)-(4) constitutes
807      grounds for the suspension of all licenses held by the licensee
808      which were issued by the office.
809                Section 17.         Subsection (2) of section 560.310, Florida
810      Statutes, is amended to read:
811                560.310     Records of check cashers and foreign currency
812      exchangers.—
813                (2)     If the payment instrument is exceeds $1,000 or more,
814      the following additional information must be maintained or
815      submitted:
816                (a)     Customer files, as prescribed by rule, on all
817      customers who cash corporate payment instruments that are exceed
818      $1,000 or more.
819                (b)     A copy of the personal identification that bears a
820      photograph of the customer used as identification and presented
821      by the customer. Acceptable personal identification is limited
822      to a valid driver license; a state identification card issued by
823      any state of the United States or its territories or the
824      District of Columbia, and showing a photograph and signature; a
825      United States Government Resident Alien Identification Card; a

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         HB 1307                                                                                               2026




826      passport; or a United States Military identification card. The
827      following may not be used as a form of personal identification:
828                1.      A license or identification card issued exclusively to
829      an unauthorized alien or undocumented immigrant.
830                2.      A license or identification card that is substantially
831      the same as a license or identification card issued to a United
832      States citizen or resident or others lawfully present in the
833      United States but which has markings establishing that the
834      license holder did not present proof of his or her lawful
835      presence in the United States.
836                (c)      A thumbprint of the customer taken by the licensee
837      when the payment instrument is presented for negotiation or
838      payment.
839                (d)      The office shall, at a minimum, require licensees to
840      submit the following information to the check cashing database
841      or electronic log, before entering into each check cashing
842      transaction for each payment instrument being cashed, in such
843      format as required by rule:
844                1.      Transaction date.
845                2.      Payor name as displayed on the payment instrument.
846                3.      Payee name as displayed on the payment instrument.
847                4.      Conductor name, if different from the payee name.
848                5.      Amount of the payment instrument.
849                6.      Amount of currency provided.
850                7.      Type of payment instrument, which may include personal,

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         HB 1307                                                                                               2026




851      payroll, government, corporate, third-party, or another type of
852      instrument.
853                8.      Amount of the fee charged for cashing of the payment
854      instrument.
855                9.      Branch or location where the payment instrument was
856      accepted.
857                10.      The type of identification and identification number
858      presented by the payee or conductor.
859                11.      Payee's workers' compensation insurance policy number
860      or exemption certificate number, if the payee is a business.
861                12.      Such additional information as required by rule.
862
863      For purposes of this subsection, multiple payment instruments
864      accepted from any one person on any given day which total $1,000
865      or more must be aggregated and reported in the check cashing
866      database or on the log.
867                Section 18.          Section 627.7408, Florida Statutes, is created
868      to read:
869                627.7408        Presumption of fault in motor vehicle accidents
870      involving unauthorized out-of-state drivers.—
871                (1)      As used in this section, the term:
872                (a)      "Invalid out-of-state driver license" means a driver
873      license deemed invalid under s. 322.033.
874                (b)      "Unauthorized out-of-state driver" means a person
875      operating a vehicle who has an invalid out-of-state driver

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         HB 1307                                                                                               2026




876      license.
877                (2)     If an unauthorized out-of-state driver is involved in
878      a motor vehicle accident in this state, there is a rebuttable
879      presumption that the unauthorized-out-of-state driver is at
880      fault for the accident for purposes of filing an insurance
881      claim. This presumption applies regardless of the unauthorized
882      out-of-state driver's compliance with other traffic laws at the
883      time of the motor vehicle accident.
884                (3)     The presumption under subsection (2) does not apply if
885      the other driver involved in the motor vehicle accident is
886      determined, by clear and convincing evidence, to be at egregious
887      fault because of, but not limited to, reckless driving in
888      violation of s. 316.192, leaving the scene of an accident in
889      violation of s. 316.027, or racing on highways in violation of
890      s. 316.191.
891                (4)     The presumption established under subsection (2) may
892      be rebutted by clear and convincing evidence that the
893      unauthorized out-of-state driver was not at fault based on
894      factors such as witness statements, accident reconstruction, or
895      video evidence directly related to the circumstances of the
896      motor vehicle accident.
897                (5)     Upon investigation of a motor vehicle accident, a law
898      enforcement officer, as defined in s. 943.10(1), must verify
899      whether any person involved in the motor vehicle accident is an
900      unauthorized out-of-state driver or has an invalid out-of-state

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         HB 1307                                                                                               2026




901      driver license in violation of s. 322.033. If a driver is
902      determined to be in violation of s. 322.033 and he or she does
903      not qualify for an exemption under subsection (3), the law
904      enforcement officer must note the presumption of fault on the
905      Florida Traffic Crash Report, Long Form or short-form crash
906      report under s. 316.066, as applicable, and notify the
907      Department of Highway Safety and Motor Vehicles within 48 hours
908      after the accident.
909                (6)     Insurers licensed under chapter 624 must apply the
910      presumption under subsection (2) in processing claims and may
911      not pay benefits to or settle claims with an unauthorized out-
912      of-state driver. Insurers must report any suspected
913      noncompliance or rebuttal attempts by the unauthorized out-of-
914      state driver to the Office of Insurance Regulation within 30
915      days after the filing of an insurance claim. An insurer that
916      fails to comply with this subsection is subject to
917      administrative penalties under s. 624.4211.
918                (7)     If an unauthorized out-of-state-driver's insurer is a
919      foreign insurer as defined in s. 624.06(2) and not licensed in
920      this state under chapter 624, any party aggrieved by the
921      nonenforcement of this section may bring a civil action for
922      injunctive relief and the prevailing party is entitled to
923      reasonable attorney fees and costs.
924                (8)     The Department of Highway Safety and Motor Vehicles
925      and the Office of Insurance Regulation shall adopt rules to

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         HB 1307                                                                                               2026




926      implement this section, including standardized verification
927      forms and procedures for interagency coordination.
928                (9)(a)      This section applies to all insurance policies
929      issued or renewed on or after the effective date of this act and
930      to all motor vehicle accidents occurring on or after the
931      effective date of this act.
932                (b)     This section may not be construed to interfere with or
933      limit a law enforcement officer's authority delegated under a
934      287(g) agreement with United States Immigration and Customs
935      Enforcement.
936                Section 19.         Section 655.98, Florida Statutes, is created
937      to read:
938                655.98      Prohibited forms of identification for state-
939      chartered financial institutions.—
940                (1)     A state-chartered financial institution may not accept
941      any of the following as a form of identification for the purpose
942      of opening a deposit account, loan account, safe deposit box, or
943      to receive any other services from a state-chartered financial
944      institution:
945                (a)     A license or identification card issued exclusively to
946      an unauthorized alien or undocumented immigrant.
947                (b)     A license or identification card that is substantially
948      the same as a license or identification card issued to a United
949      States citizen or resident or others lawfully present in the
950      United States but which has markings establishing that the

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         HB 1307                                                                                               2026




951      license holder did not present proof of his or her lawful
952      presence in the United States.
953                (2)     The Office of Financial Regulation shall adopt rules
954      to ensure compliance with, and to enforce, this section.
955                Section 20.         The Division of Law Revision is directed to
956      replace the phrase "the effective date of this act" wherever it
957      occurs in this act with the date this act becomes a law.
958                Section 21.         This act shall take effect upon becoming a
959      law.




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                                                                                                              hb1307-00
                                  COMMERCE COMMITTEE

                                  HB 1307 by Rep. Jacques
                                    Unauthorized Aliens

                                  AMENDMENT SUMMARY
                                    February 10, 2026

Amendment #270373 by Rep. Jacques (strike-all):
  • Removes the definition of “silent second mortgage.”
   • Clarifies that private organizations may not use state and local funds for down payment
      assistance programs for unauthorized aliens.
   • Clarifies that foreclosure proceedings may only be initiated if the recipient of down
      payment assistance was an unauthorized alien at the time they received such
      assistance.
   • Removes the provision that an employer may not transfer financial responsibility for any
      workplace injuries to an adult unauthorized alien, and instead provides that an employer
      must reimburse a carrier for any workers’ compensation benefits paid to an adult
      unauthorized alien.
   • Requires any litigation related to an injury or death suffered by an adult unauthorized
      alien to go through a Judge of Compensation Claims and not the regular court system.
   • Requires the Department of Commerce to notify other state agencies if an employer
      hires unauthorized aliens, instead of requiring the department to suspend or revoke the
      employer’s licenses issued by other state agencies.
   • Mandates state agencies to suspend or revoke an employer’s licenses upon receiving
      the notification from the Department of Commerce.
   • Clarifies that the Office of Insurance Regulation determines whether the presumption
      that an unauthorized out-of-state driver is at fault in an accident has been rebutted
      based on the evidence presented to the office.
   • Removes the civil cause of action against foreign insurers who do not comply with the
      requirements of the bill.
                                              COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 1307   (2026)
       Amendment No.




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


1      Committee/Subcommittee hearing bill:       Commerce Committee
2      Representative Jacques offered the following:
3
4           Amendment (with title amendment)
5           Remove everything after the enacting clause and insert:
6           Section 1.    Section 17.72, Florida Statutes, is created to
7      read:
8           17.72    Prohibition on licensing and certification of
9      unauthorized aliens.—
10          (1)     The department may not issue a license or
11     certification to any person who is an unauthorized alien as
12     defined in s. 908.111(1).
13          (2)     The department shall adopt rules to establish criteria
14     for verifying compliance with subsection (1) before issuing any
15     license or certificate.


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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
       Amendment No.


16          Section 2.    Paragraph (c) of subsection (5) of section
17     125.0167, Florida Statutes, is amended to read:
18          125.0167    Discretionary surtax on documents; adoption;
19     application of revenue.—
20          (5)
21          (c)   A county may not impose any requirement as a condition
22     to receiving any financial assistance on a borrower other than
23     requiring proof that the borrower is lawfully present in the
24     United States and that the borrower's income does not exceed 140
25     percent of the area median income. In addition to the income
26     eligibility requirement, borrowers may only be subject to loan
27     qualifications of lenders licensed to provide mortgage financing
28     as to the amount of the loan. A county may not create
29     requirements that restrict participation by eligible borrowers.
30          Section 3.    Section 284.52, Florida Statutes, is created to
31     read:
32          284.52     Denial of claims.—
33          (1)   As used in this section, the term:
34          (a)   "Adult" has the same meaning as in s. 847.001.
35          (b)   "Minor" has the same meaning as in s. 847.001.
36          (c)   "Unauthorized alien" has the same meaning as in s.
37     908.111(1).
38          (2)   The Division of Risk Management may approve or deny
39     claims relating to an unauthorized alien who is a minor;
40     however, the division may not approve a claim submitted by an
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1307    (2026)
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41     unauthorized alien who is an adult or by a person who fails to
42     provide lawful documentation of lawful presence in the United
43     States to the division as required by state and federal law.
44          Section 4.    Subsection (5) of section 322.53, Florida
45     Statutes, is renumbered as subsection (6), and a new subsection
46     (5) is added to that section, to read:
47          322.53    License required; exemptions.—
48          (5)    All licensing procedures, prelicensing instruction,
49     and licensing testing under this chapter must be conducted in
50     English. The use of interpreters, translators, translations, or
51     alternate language accommodations are prohibited.
52          Section 5.    Section 420.56, Florida Statutes, is created to
53     read:
54          420.56    Down payment assistance for unauthorized aliens
55     prohibited.—
56          (1)    As used in this section, the term:
57          (a)    "Down payment assistance" includes, but is not limited
58     to, grants to assist a person in the purchase of a residential
59     property which takes the form of a loan or a silent second
60     mortgage.
61          (b)    "Unauthorized alien" has the same meaning as in s.
62     908.111(1).
63          (2)    State and local governmental entities, the
64     corporation, and private corporations, including nonprofit
65     organizations incorporated under chapter 617, participating in
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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1307   (2026)
       Amendment No.


66     down payment assistance programs or silent second mortgage
67     programs may not use state or local government funds to provide
68     any form of down payment assistance to a person who is an
69     unauthorized alien.
70          (3)   If a person is discovered to have been an unauthorized
71     alien at the time they received down payment assistance funded
72     entirely or in part by state or local government funds from a
73     state or local governmental entity, the corporation, or a
74     private corporation, the unauthorized alien must immediately
75     repay the down payment assistance to the appropriate entity or
76     corporation. If the unauthorized alien does not repay the down
77     payment assistance, the state or local governmental entity, the
78     corporation, or the private corporation must initiate
79     foreclosure proceedings under chapter 702 against the
80     unauthorized alien.
81          Section 6.   Section 420.5088, Florida Statutes, is amended
82     to read:
83          420.5088   Florida Homeownership Assistance Program.—There
84     is created The Florida Homeownership Assistance Program is
85     created for the purpose of assisting low-income and moderate-
86     income persons who are lawfully present in the United States in
87     purchasing a home as their primary residence by reducing the
88     cost of the home with below-market construction financing, by
89     reducing the amount of down payment and closing costs paid by
90     the borrower to a maximum of 5 percent of the purchase price, or
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                                                   Bill No. HB 1307   (2026)
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91      by reducing the monthly payment to an affordable amount for the
 92     borrower purchaser. Loans must shall be made available at an
 93     interest rate that does not exceed 3 percent. The balance of any
 94     loan is due at closing if the property is sold, refinanced,
 95     rented, or transferred, unless otherwise approved by the
 96     corporation.
97           (1)   For loans made available pursuant to s.
98      420.507(23)(a)1. or 2.:
99           (a)   The corporation may underwrite and make those mortgage
100     loans through the program to persons or families who are
101     lawfully present in the United States and have incomes that do
102     not exceed 120 percent of the state or local median income,
103     whichever is greater, adjusted for family size.
104          (b)   Loans must shall be made available for the term of the
105     first mortgage.
106          (c)   Loans may not exceed the lesser of 35 percent of the
107     purchase price of the home or the amount necessary to enable the
108     borrower purchaser to meet credit underwriting criteria.
109          (2)   For loans made pursuant to s. 420.507(23)(a)3.:
110          (a)   Availability is limited to nonprofit sponsors or
111     developers who are selected for program participation pursuant
112     to this subsection.
113          (b)   Preference must be given to community-based
114     organizations as defined in s. 420.503.


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                                                   Bill No. HB 1307   (2026)
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115          (c)   Priority must be given to projects that have received
116     state assistance in funding project predevelopment costs.
117          (d)   The benefits of making such loans must shall be
118     contractually provided to the persons or families purchasing
119     homes financed under this subsection.
120          (e)   At least 30 percent of the units in a project financed
121     pursuant to this subsection must be sold to persons or families
122     who are lawfully present in the United States and who have
123     incomes that do not exceed 80 percent of the state or local
124     median income, whichever amount is greater, adjusted for family
125     size; and at least another 30 percent of the units in a project
126     financed pursuant to this subsection must be sold to persons or
127     families who are lawfully present in the United States and who
128     have incomes that do not exceed 65 percent of the state or local
129     median income, whichever amount is greater, adjusted for family
130     size.
131          (f)   The maximum loan amount may not exceed 33 percent of
132     the total project cost.
133          (g)   A person who is lawfully present in the United States
134     and purchases a home in a project financed under this subsection
135     is eligible for a loan authorized by s. 420.507(23)(a)1. or 2.
136     in an aggregate amount not exceeding the construction loan made
137     pursuant to this subsection. The home purchaser must meet all
138     the requirements for loan recipients established pursuant to the
139     applicable loan program.
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                                                    Bill No. HB 1307   (2026)
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140          (h)    The corporation shall provide, by rule, for the
141     establishment of a review committee composed of corporation
142     staff and shall establish, by rule, a scoring system for
143     evaluating and ranking applications submitted for construction
144     loans under this subsection, including, but not limited to, the
145     following criteria:
146          1.    The affordability of the housing proposed to be built.
147          2.    The direct benefits of the assistance to the persons
148     who will reside in the proposed housing.
149          3.    The demonstrated capacity of the applicant to carry out
150     the proposal, including the experience of the development team.
151          4.    The economic feasibility of the proposal.
152          5.    The extent to which the applicant demonstrates
153     potential cost savings by combining the benefits of different
154     governmental programs and private initiatives, including the
155     local government contributions and local government
156     comprehensive planning and activities that promote affordable
157     housing.
158          6.    The use of the least amount of program loan funds
159     compared to overall project cost.
160          7.    The provision of homeownership counseling.
161          8.    The applicant's agreement to exceed the requirements of
162     paragraph (e).




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                                                   Bill No. HB 1307     (2026)
        Amendment No.


163          9.    The commitment of first mortgage financing for the
164     balance of the construction loan and for the permanent loans to
165     the purchasers of the housing.
166          10.    The applicant's ability to proceed with construction.
167          11.    The targeting objectives of the corporation which will
168     ensure an equitable distribution of loans between rural and
169     urban areas.
170          12.    The extent to which the proposal will further the
171     purposes of this program.
172          (i)    The corporation may reject any and all applications.
173          (j)    The review committee established by corporation rule
174     pursuant to this subsection shall make recommendations to the
175     corporation board regarding program participation under this
176     subsection. The corporation board shall make the final ranking
177     for participation based on the scores received in the ranking,
178     further review of the applications, and the recommendations of
179     the review committee. The corporation board shall approve or
180     reject applicants for loans and shall determine the tentative
181     loan amount available to each program participant. The final
182     loan amount shall be determined pursuant to rule adopted under
183     s. 420.507(23)(h).
184          (3)    The corporation shall publish a notice of fund
185     availability in a publication of general circulation throughout
186     this the state at least 60 days before prior to the anticipated
187     availability of funds.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1307   (2026)
        Amendment No.


188          (4)   There is authorized to be established by The
189     corporation may establish with a qualified public depository
190     meeting the requirements of chapter 280 the Florida
191     Homeownership Assistance Fund to be administered by the
192     corporation according to the provisions of this program. Any
193     amounts held in the Florida Homeownership Assistance Trust Fund
194     for such purposes as of January 1, 1998, must be transferred to
195     the corporation for deposit in the Florida Homeownership
196     Assistance Fund, whereupon the Florida Homeownership Assistance
197     Trust Fund must be closed. There shall be deposited in the fund
198     moneys from the State Housing Trust Fund created by s. 420.0005,
199     or moneys received from any other source, for the purpose of
200     this program and all proceeds derived from the use of such
201     moneys. In addition, all unencumbered funds, loan repayments,
202     proceeds from the sale of any property, and any other proceeds
203     that would otherwise accrue pursuant to the activities of the
204     programs described in this section shall be transferred to this
205     fund. In addition, all loan repayments, proceeds from the sale
206     of any property, and any other proceeds that would otherwise
207     accrue pursuant to the activities conducted under the provisions
208     of the Florida Homeownership Assistance Program shall be
209     deposited in the fund and may shall not revert to the General
210     Revenue Fund. Expenditures from the Florida Homeownership
211     Assistance Fund are shall not be required to be included in the


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
        Amendment No.


212     corporation's budget request or be subject to appropriation by
213     the Legislature.
214          (5)   No more than one-fifth of the funds available in the
215     Florida Homeownership Assistance Fund may be made available to
216     provide loan loss insurance reserve funds to facilitate
217     homeownership for eligible persons.
218          Section 7.    Subsections (2) and (3) of section 420.5096,
219     Florida Statutes, are amended to read:
220          420.5096   Florida Hometown Hero Program.—
221          (2)   The Florida Hometown Hero Program is created to assist
222     Florida's hometown workforce in attaining homeownership by
223     providing financial assistance to residents to purchase a home
224     as their primary residence. Under the program, a borrower who is
225     lawfully present in the United States may apply to the
226     corporation for a loan to reduce the amount of the down payment
227     and closing costs paid by the borrower by a minimum of $10,000
228     and up to 5 percent of the first mortgage loan, not exceeding
229     $35,000. Loans must be made available at a zero percent interest
230     rate and must be made available for the term of the first
231     mortgage. The balance of any loan is due at closing if the
232     property is sold, refinanced, rented, or transferred, unless
233     otherwise approved by the corporation.
234          (3)   For loans made available pursuant to s.
235     420.507(23)(a)1. or 2., the corporation may underwrite and make
236     those mortgage loans through the program to persons or families
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307    (2026)
        Amendment No.


237     who are lawfully present in the United States and who have
238     household incomes that do not exceed 150 percent of the state
239     median income or local median income, whichever is greater. A
240     borrower must be seeking to purchase a home as a primary
241     residence; must be a first-time homebuyer, and a Florida
242     resident, and lawfully present in the United States; and must be
243     employed full-time by a Florida-based employer. The borrower
244     must provide documentation of full-time employment or full-time
245     status for self-employed individuals. The requirement to be a
246     first-time homebuyer does not apply to a borrower who is an
247     active duty servicemember of a branch of the armed forces or the
248     Florida National Guard, as defined in s. 250.01, or a veteran.
249          Section 8.    Subsection (18) of section 440.02, Florida
250     Statutes, is amended to read:
251          440.02    Definitions.—When used in this chapter, unless the
252     context clearly requires otherwise, the following terms shall
253     have the following meanings:
254          (18)(a)    "Employee" means any person who receives
255     remuneration from an employer for the performance of any work or
256     service while engaged in any employment under any appointment or
257     contract for hire or apprenticeship, express or implied, oral or
258     written, whether lawfully or unlawfully employed, and includes,
259     but is not limited to, aliens authorized for employment under
260     federal law and lawfully or unlawfully employed minors,


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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
        Amendment No.


261     including minors who are not lawfully present in the United
262     States.
263          (b)   "Employee" includes any person who is an officer of a
264     corporation and who performs services for remuneration for such
265     corporation within this state, whether or not such services are
266     continuous.
267          1.    Any officer of a corporation may elect to be exempt
268     from this chapter by filing notice of the election with the
269     department as provided in s. 440.05.
270          2.    As to officers of a corporation who are engaged in the
271     construction industry, no more than three officers of a
272     corporation or of any group of affiliated corporations may elect
273     to be exempt from this chapter by filing a notice of the
274     election with the department as provided in s. 440.05. Officers
275     must be shareholders, each owning at least 10 percent of the
276     stock of such corporation and listed as an officer of such
277     corporation with the Division of Corporations of the Department
278     of State, in order to elect exemptions under this chapter. For
279     purposes of this subparagraph, the term "affiliated" means and
280     includes one or more corporations or entities, any one of which
281     is a corporation engaged in the construction industry, under the
282     same or substantially the same control of a group of business
283     entities which are connected or associated so that one entity
284     controls or has the power to control each of the other business
285     entities. The term "affiliated" includes, but is not limited to,
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                                                    Bill No. HB 1307   (2026)
        Amendment No.


286     the officers, directors, executives, shareholders active in
287     management, employees, and agents of the affiliated corporation.
288     The ownership by one business entity of a controlling interest
289     in another business entity or a pooling of equipment or income
290     among business entities shall be prima facie evidence that one
291     business is affiliated with the other.
292          3.    An officer of a corporation who elects to be exempt
293     from this chapter by filing a notice of the election with the
294     department as provided in s. 440.05 is not an employee.
295
296     Services are presumed to have been rendered to the corporation
297     if the officer is compensated by other than dividends upon
298     shares of stock of the corporation which the officer owns.
299          (c)    "Employee" includes:
300          1.    A sole proprietor or a partner who is not engaged in
301     the construction industry, devotes full time to the
302     proprietorship or partnership, and elects to be included in the
303     definition of employee by filing notice thereof as provided in
304     s. 440.05.
305          2.    All persons who are being paid by a construction
306     contractor as a subcontractor, unless the subcontractor has
307     validly elected an exemption as permitted by this chapter, or
308     has otherwise secured the payment of compensation coverage as a
309     subcontractor, consistent with s. 440.10, for work performed by
310     or as a subcontractor.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
        Amendment No.


311          3.    An independent contractor working or performing
312     services in the construction industry.
313          4.    A sole proprietor who engages in the construction
314     industry and a partner or partnership that is engaged in the
315     construction industry.
316          (d)    "Employee" does not include:
317          1.    An independent contractor who is not engaged in the
318     construction industry.
319          a.    In order to meet the definition of independent
320     contractor, at least four of the following criteria must be met:
321          (I)    The independent contractor maintains a separate
322     business with his or her own work facility, truck, equipment,
323     materials, or similar accommodations;
324          (II)    The independent contractor holds or has applied for a
325     federal employer identification number, unless the independent
326     contractor is a sole proprietor who is not required to obtain a
327     federal employer identification number under state or federal
328     regulations;
329          (III)    The independent contractor receives compensation for
330     services rendered or work performed and such compensation is
331     paid to a business rather than to an individual;
332          (IV)    The independent contractor holds one or more bank
333     accounts in the name of the business entity for purposes of
334     paying business expenses or other expenses related to services
335     rendered or work performed for compensation;
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336          (V)    The independent contractor performs work or is able to
337     perform work for any entity in addition to or besides the
338     employer at his or her own election without the necessity of
339     completing an employment application or process; or
340          (VI)    The independent contractor receives compensation for
341     work or services rendered on a competitive-bid basis or
342     completion of a task or a set of tasks as defined by a
343     contractual agreement, unless such contractual agreement
344     expressly states that an employment relationship exists.
345          b.    If four of the criteria listed in sub-subparagraph a.
346     do not exist, an individual may still be presumed to be an
347     independent contractor and not an employee based on full
348     consideration of the nature of the individual situation with
349     regard to satisfying any of the following conditions:
350          (I)    The independent contractor performs or agrees to
351     perform specific services or work for a specific amount of money
352     and controls the means of performing the services or work.
353          (II)    The independent contractor incurs the principal
354     expenses related to the service or work that he or she performs
355     or agrees to perform.
356          (III)    The independent contractor is responsible for the
357     satisfactory completion of the work or services that he or she
358     performs or agrees to perform.




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359          (IV)    The independent contractor receives compensation for
360     work or services performed for a commission or on a per-job
361     basis and not on any other basis.
362          (V)    The independent contractor may realize a profit or
363     suffer a loss in connection with performing work or services.
364          (VI)    The independent contractor has continuing or
365     recurring business liabilities or obligations.
366          (VII)    The success or failure of the independent
367     contractor's business depends on the relationship of business
368     receipts to expenditures.
369          c.    Notwithstanding anything to the contrary in this
370     subparagraph, an individual claiming to be an independent
371     contractor has the burden of proving that he or she is an
372     independent contractor for purposes of this chapter.
373          2.    A real estate licensee, if that person agrees, in
374     writing, to perform for remuneration solely by way of
375     commission.
376          3.    Bands, orchestras, and musical and theatrical
377     performers, including disk jockeys, performing in licensed
378     premises as defined in chapter 562, if a written contract
379     evidencing an independent contractor relationship is entered
380     into before the commencement of such entertainment.
381          4.     An owner-operator of a motor vehicle who transports
382     property under a written contract with a motor carrier which
383     evidences a relationship by which the owner-operator assumes the
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384     responsibility of an employer for the performance of the
385     contract, if the owner-operator is required to furnish motor
386     vehicle equipment as identified in the written contract and the
387     principal costs incidental to the performance of the contract,
388     including, but not limited to, fuel and repairs, provided a
389     motor carrier's advance of costs to the owner-operator when a
390     written contract evidences the owner-operator's obligation to
391     reimburse such advance shall be treated as the owner-operator
392     furnishing such cost and the owner-operator is not paid by the
393     hour or on some other time-measured basis.
394          5.   A person whose employment is both casual and not in the
395     course of the trade, business, profession, or occupation of the
396     employer.
397          6.   A volunteer, except a volunteer worker for the state or
398     a county, municipality, or other governmental entity. A person
399     who does not receive monetary remuneration for services is
400     presumed to be a volunteer unless there is substantial evidence
401     that a valuable consideration was intended by both employer and
402     employee. For purposes of this chapter, the term "volunteer"
403     includes, but is not limited to:
404          a.     Persons who serve in private nonprofit agencies and who
405     receive no compensation other than expenses in an amount less
406     than or equivalent to the standard mileage and per diem expenses
407     provided to salaried employees in the same agency or, if such
408     agency does not have salaried employees who receive mileage and
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409     per diem, then such volunteers who receive no compensation other
410     than expenses in an amount less than or equivalent to the
411     customary mileage and per diem paid to salaried workers in the
412     community as determined by the department; and
413          b.    Volunteers participating in federal programs
414     established under Pub. L. No. 93-113.
415          7.    Unless otherwise prohibited by this chapter, any
416     officer of a corporation who elects to be exempt from this
417     chapter. Such officer is not an employee for any reason under
418     this chapter until the notice of revocation of election filed
419     pursuant to s. 440.05 is effective.
420          8.    An officer of a corporation that is engaged in the
421     construction industry who elects to be exempt from the
422     provisions of this chapter, as otherwise permitted by this
423     chapter. Such officer is not an employee for any reason until
424     the notice of revocation of election filed pursuant to s. 440.05
425     is effective.
426          9.    An exercise rider who does not work for a single horse
427     farm or breeder, and who is compensated for riding on a case-by-
428     case basis, provided a written contract is entered into prior to
429     the commencement of such activity which evidences that an
430     employee/employer relationship does not exist.
431          10.    A taxicab, limousine, or other passenger vehicle-for-
432     hire driver who operates said vehicles pursuant to a written
433     agreement with a company which provides any dispatch, marketing,
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434     insurance, communications, or other services under which the
435     driver and any fees or charges paid by the driver to the company
436     for such services are not conditioned upon, or expressed as a
437     proportion of, fare revenues.
438          11.   A person who performs services as a sports official
439     for an entity sponsoring an interscholastic sports event or for
440     a public entity or private, nonprofit organization that sponsors
441     an amateur sports event. For purposes of this subparagraph, such
442     a person is an independent contractor. For purposes of this
443     subparagraph, the term "sports official" means any person who is
444     a neutral participant in a sports event, including, but not
445     limited to, umpires, referees, judges, linespersons,
446     scorekeepers, or timekeepers. This subparagraph does not apply
447     to any person employed by a district school board who serves as
448     a sports official as required by the employing school board or
449     who serves as a sports official as part of his or her
450     responsibilities during normal school hours.
451          12.   Medicaid-enrolled clients under chapter 393 who are
452     excluded from the definition of employment under s.
453     443.1216(4)(d) and served by Adult Day Training Services under
454     the Home and Community-Based or the Family and Supported Living
455     Medicaid Waiver program in a sheltered workshop setting licensed
456     by the United States Department of Labor for the purpose of
457     training and earning less than the federal hourly minimum wage.


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458          13.   Medicaid-enrolled clients under chapter 393 who are
459     excluded from the definition of employment under s.
460     443.1216(4)(d) and served by Adult Day Training Services under
461     the Family and Supported Living Medicaid Waiver program in a
462     sheltered workshop setting licensed by the United States
463     Department of Labor for the purpose of training and earning less
464     than the federal hourly minimum wage.
465          14.   An adult unauthorized alien as defined in s.
466     908.111(1).
467          Section 9.    Subsection (2) of section 440.10, Florida
468     Statutes, is amended to read:
469          440.10   Liability for compensation.—
470          (2)   Compensation shall be payable irrespective of fault as
471     a cause for the injury, except as provided in ss. 440.09(3) and
472     440.1001 s. 440.09(3).
473          Section 10.   Section 440.1001, Florida Statutes, is created
474     to read:
475          440.1001   Employer liability for injuries to unauthorized
476     aliens.—
477          (1)   As used in this section, the term "unauthorized alien"
478     has the same meaning as in s. 908.111(1).
479          (2)   An employer who hires or employs an adult who is not
480     authorized to work in the United States under federal law is
481     personally and fully liable for all medical and treatment costs,
482     disability, and death benefits compensable under this chapter
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483     resulting from an injury sustained by the unauthorized alien
484     during his or her employment.
485          (3)   An employer remains financially responsible and must
486     reimburse a carrier for any medical and treatment costs,
487     disability, and death benefits compensable under this chapter
488     resulting from an injury.
489          (4)   Any dispute arising out of this chapter between an
490     employer and an adult unauthorized alien must be adjudicated by
491     a judge of compensation claims. Judicial review shall be sought
492     pursuant to s. 440.271.
493          (5)   An employer who violates this section is subject to
494     the following penalties:
495          (a)   A fine not to exceed $50,000 per violation. Fines
496     collected under this paragraph must be deposited into the
497     Workers' Compensation Administration Trust Fund.
498          (b)   Reimbursement of any public funds expended to provide
499     medical care to the unauthorized alien.
500          (c)   Revocation of the employer's business license,
501     registration, or certification issued by the appropriate
502     licensing authority.
503          (6)   The department shall transfer reported violations of
504     this section to the appropriate licensing authority for
505     enforcement.
506          Section 11.   Section 440.1002, Florida Statutes, is created
507     to read:
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508          440.1002    Employment eligibility for purposes of workers'
509     compensation eligibility.—
510          (1)   As used in this section, the term "E-Verify system"
511     has the same meaning as in s. 448.095(1).
512          (2)   Before an employer may submit a claim for workers'
513     compensation benefits for an employee, the employer must first
514     verify the employee's employment eligibility through the E-
515     Verify system.
516          (3)   If an employer fails to check an employee's employment
517     eligibility through the E-Verify system before submitting a
518     claim for workers' compensation benefits, the employer is:
519          (a)   Financially responsible for reimbursement of all
520     indemnity or medical coverage from the employer's workers
521     compensation carrier for injuries sustained by that employee.
522          (b)   Personally liable for all costs, expenses, and
523     benefits that would have otherwise been covered under this
524     chapter.
525          (4)   An employer must retain for five years a copy of the
526     documentation provided and any verification generated, if
527     applicable, by the E-Verify system for each employee. The
528     employer must provide such documentation or verification to the
529     department or carrier upon request.
530          (5)   This section may not be construed to bestow any
531     employment rights or legal status on an employee who is verified
532     through the E-Verify system.
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533          (6)   The department may adopt rules to implement and
534     enforce this section.
535          Section 12.    Section 448.09, Florida Statutes, is amended,
536     to read:
537          448.09   Unauthorized aliens; employment prohibited.—
538          (1)   For purposes of this section, the term “license” has
539     the same meaning as in s. 120.52.
540          (2)(1)   It is unlawful for any person to knowingly employ,
541     hire, recruit, or refer, either for herself or himself or on
542     behalf of another, for private or public employment within this
543     state, an alien who is not duly authorized to work by the
544     immigration laws of the United States, the Attorney General of
545     the United States, or the United States Secretary of the
546     Department of Homeland Security.
547          (3)(2)   If the Department of Commerce finds or is notified
548     by an entity specified in s. 448.095(3)(a) that an employer has
549     knowingly employed an unauthorized alien without verifying the
550     employment eligibility of such person, the department must enter
551     an order pursuant to chapter 120 making such determination and
552     require repayment of any economic development incentive pursuant
553     to s. 288.061(6).
554          (4)(3)   For an employer who knowingly violates a violation
555     of this section, the department shall impose a fine not to
556     exceed $10,000, and notify any licensing agency subject to
557     chapter 120 that issued a license to the employer. Upon
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558     receiving a notification pursuant to this subsection, a
559     licensing agency subject to chapter 120 must suspend for 1 year
560     any licenses held by the employer which were issued by the
561     licensing agency. Fines collected under this subsection must be
562     deposited into the State Economic Enhancement and Development
563     Trust Fund.
564          (5)   For an employer who knowingly violates this section a
565     second time, the department shall impose a fine not to exceed
566     $100,000, and notify any licensing agency subject to chapter 120
567     that issued a license to the employer. Upon receiving a
568     notification pursuant to this subsection, a licensing agency
569     subject to chapter 120 must suspend for 5 years any licenses
570     held by the employer which were issued by that licensing agency.
571     Fines collected under this subsection must be deposited into the
572     State Economic Enhancement and Development Trust Fund.
573          (6)   For an employer who knowingly violates this section a
574     third time, the department shall impose a fine not to exceed
575     $250,000 and notify any licensing agency subject to chapter 120
576     that issued a license to the employer. Upon receiving a
577     notification pursuant to this subsection, a licensing agency
578     subject to chapter 120 must permanently revoke any licenses held
579     by the employer personally, as well as any licenses held by the
580     entity if the employer is a corporation, which were issued by
581     that licensing agency. Fines collected under this subsection


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582     must be deposited into the State Economic Enhancement and
583     Development Trust Fund.
584          (7)(a)   For an employer who knowingly violates this section
585     and the actions of an unauthorized alien employee result in
586     injuries to another person, the department shall at a minimum
587     impose a fine of at least $100,000 and notify any licensing
588     agency subject to chapter 120 that issued a license to the
589     employer. Upon receiving a notification pursuant to this
590     paragraph, a licensing agency subject to chapter 120 must
591     suspend for 5 years any licenses held by the employer which were
592     issued by that licensing agency.
593          (b)   For an employer who knowingly violates this section
594     and the actions of an unauthorized alien employee result in the
595     death of another person, the department shall impose a fine not
596     to exceed $500,000 and notify any licensing agency subject to
597     chapter 120 that issued a license to the employer. Upon
598     receiving a notification pursuant to this paragraph, a licensing
599     agency subject to chapter 120 must permanently revoke any
600     licenses held by the employer, which were issued by the
601     licensing agency.
602          (c)   Fines collected under this subsection must be
603     deposited into the State Economic Enhancement and Development
604     Trust Fund.




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605          (d)   There is created a civil cause of action against an
606     employer who violates this section and such violation results in
607     injuries to or the death of another person.
608          (8)   Any person, including an owner, officer, agent, or
609     employee of an employer who knowingly hires more than 50
610     unauthorized aliens commits a felony of the third degree,
611     punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
612     and the department shall notify any licensing agency subject to
613     chapter 120 that issued a license to the employer. Upon
614     receiving a notification pursuant to this subsection, a
615     licensing agency subject to chapter 120 must permanently revoke
616     any licenses held by the employer, which were issued by the
617     licensing agency.
618          (9)   A person who is injured or the next of kin, as defined
619     in s. 744.102, of a person who is killed by the actions of an
620     unauthorized alien employee may bring a cause of action under
621     subsection (7) against the employer for damages for bodily
622     injury or death place the employer on probation for a 1-year
623     period and require that the employer report quarterly to the
624     department to demonstrate compliance with the requirements of
625     subsection (1) and s. 448.095.
626          (4)   Any violation of this section which takes place within
627     24 months after a previous violation constitutes grounds for the
628     suspension or revocation of all licenses issued by a licensing


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629     agency subject to chapter 120. The department shall take the
630     following actions for a violation involving:
631          (a)   One to ten unauthorized aliens, suspension of all
632     applicable licenses held by a private employer for up to 30 days
633     by the respective agencies that issued them.
634          (b)   Eleven to fifty unauthorized aliens, suspension of all
635     applicable licenses held by a private employer for up to 60 days
636     by the respective agencies that issued them.
637          (c)   More than fifty unauthorized aliens, revocation of all
638     applicable licenses held by a private employer by the respective
639     agencies that issued them.
640          (10)(5)    An alien who is not duly authorized to work by the
641     immigration laws of the United States, the Attorney General of
642     the United States, or the United States Secretary of the
643     Department of Homeland Security and who knowingly uses a false
644     identification document or who fraudulently uses an
645     identification document of another person for the purpose of
646     obtaining employment commits a felony of the third degree,
647     punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
648          Section 13.    Paragraph (a) of subsection (3), and paragraph
649     (b) of subsection (6), of section 448.095, Florida Statutes, is
650     amended to read:
651          448.095    Employment eligibility.—
652          (3)   ENFORCEMENT.—


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653          (a)    For the purpose of enforcement of this section, any of
654     the following persons or entities may request, and an employer
655     must provide, copies of any documentation relied upon by the
656     employer for the verification of a new employee's employment
657     eligibility:
658          1.    The Department of Law Enforcement;
659          2.    The Attorney General;
660          3.    The state attorney in the circuit in which the new
661     employee works;
662          4.    The statewide prosecutor;
663          5.    The Department of Financial Services; or
664          6.5.    The Department of Commerce.
665          (6)    COMPLIANCE.—
666          (b)    If the Department of Commerce determines that an
667     employer failed to use the E-Verify system as required under
668     this section three times in any 24-month period, the department
669     must impose a fine of $1,000 per day until the employer provides
670     sufficient proof to the department that the noncompliance is
671     cured. Noncompliance constitutes grounds for the suspension of
672     all licenses issued by a licensing agency subject to chapter 120
673     until the noncompliance is cured. For purposes of this
674     paragraph, “license” has the same meaning as in s. 120.52.
675          Section 14.    Subsection (7) is added to section 560.208,
676     Florida Statutes, to read:


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677          560.208     Conduct of business.—In addition to the
678     requirements specified in s. 560.1401, a licensee under this
679     part:
680             (7)   May not initiate a foreign remittance transfer unless
681     the licensee has verified that the sender is not an unauthorized
682     alien as defined in s. 908.111(1).
683             (a)   As used in this subsection, the term "foreign
684     remittance transfer" means a remittance transfer as defined in
685     the Electronic Fund Transfer Act, 15 U.S.C. s. 1693o-1, as
686     amended, the recipient of which is located in any country other
687     than the United States.
688             (b)   The commission shall adopt rules relating to
689     acceptable forms of documentation that a licensee must use to
690     verify that the sender of a foreign remittance transfer is not
691     an unauthorized alien. The licensee must provide confirmation of
692     verification on forms the commission prescribes. All required
693     forms must be submitted to the office by the 15th of the month
694     after the close of each calendar quarter.
695             (c)   A licensee who initiates a foreign remittance transfer
696     in violation of this subsection, must pay a penalty equal to 25
697     percent of the United States dollar amount transferred,
698     excluding any fees or charges imposed by the licensee. A
699     licensee must remit to the office the amount of any penalty
700     owed, along with any forms prescribed by the office, by the 15th
701     of the month after the close of each calendar quarter.
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702     Notwithstanding ss. 252.3711 and 560.144, the office must
703     deposit in the Regulatory Trust Fund the penalties collected
704     under this paragraph. Notwithstanding any other provision of
705     law, the penalty imposed in this paragraph is the only remedy
706     for a violation of this subsection and a licensee may not be
707     subject to any other penalty.
708          Section 15.   Paragraphs (i) and (j) of subsection (1) of
709     section 560.211, Florida Statutes, are redesignated as
710     paragraphs (j) and (k), respectively, and a new paragraph (i) is
711     added to that subsection, to read:
712          560.211    Required records.—
713          (1)   In addition to the record retention requirements under
714     s. 560.1105, each licensee under this part must make, keep, and
715     preserve the following books, accounts, records, and documents
716     for 5 years:
717          (i)   The documentation used to verify that the sender of a
718     foreign remittance transfer, as defined in s. 560.208(7)(a), is
719     not an unauthorized alien, as defined in s. 908.111(1), and the
720     penalties paid to the office pursuant to s. 560.208(7)(c),
721     including the date and amount of each foreign remittance
722     transfer and the name, date of birth, and address of each
723     sender.
724          Section 16.   Section 560.2115, Florida Statutes, is created
725     to read:
726          560.2115   Required records audit.—
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727          (1)   As used in this section, the term:
728          (a)   "Foreign remittance transfer" has the same meaning as
729     in s. 560.208(7)(a).
730          (b)   "Unauthorized alien" has the same meaning as in s.
731     908.111(1).
732          (2)   For enforcement purposes, the office may at any time
733     request, and the licensee must provide, records of documentation
734     used to verify that the sender of a foreign remittance transfer
735     is not an unauthorized alien.
736          (3)(a)   A person who has a good faith belief that a
737     licensee is failing to comply with s. 560.208(7) may file a
738     complaint with the office.
739          (b)   Upon receipt of a valid complaint of a violation of s.
740     560.208(7), which is substantiated by evidence, the office must
741     notify the licensee of the complaint and the substantiated
742     evidence and the licensee must pay the penalty under s.
743     560.208(7)(c).
744          (4)   Beginning July 1, 2026, the office must conduct random
745     quarterly audits of licensees to ensure compliance with s.
746     560.208(7). During an audit, the licensee must produce to the
747     office records of documentation the licensee used to verify that
748     each sender of a foreign remittance transfer is not an
749     unauthorized alien.




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750          (5)   Failure to comply with subsections (1)-(4) constitutes
751     grounds for the suspension of all licenses held by the licensee
752     which were issued by the office.
753          Section 17.   Subsection (2) of section 560.310, Florida
754     Statutes, is amended to read:
755          560.310    Records of check cashers and foreign currency
756     exchangers.—
757          (2)   If the payment instrument is exceeds $1,000 or more,
758     the following additional information must be maintained or
759     submitted:
760          (a)   Customer files, as prescribed by rule, on all
761     customers who cash corporate payment instruments that are exceed
762     $1,000 or more.
763          (b)   A copy of the personal identification that bears a
764     photograph of the customer used as identification and presented
765     by the customer. Acceptable personal identification is limited
766     to a valid driver license; a state identification card issued by
767     any state of the United States or its territories or the
768     District of Columbia, and showing a photograph and signature; a
769     United States Government Resident Alien Identification Card; a
770     passport; or a United States Military identification card. The
771     following may not be used as a form of personal identification:
772          1.    A license or identification card issued exclusively to
773     an unauthorized alien or undocumented immigrant.


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774          2.    A license or identification card that is substantially
775     the same as a license or identification card issued to a United
776     States citizen or resident or others lawfully present in the
777     United States but which has markings establishing that the
778     license holder did not present proof of his or her lawful
779     presence in the United States.
780          (c)    A thumbprint of the customer taken by the licensee
781     when the payment instrument is presented for negotiation or
782     payment.
783          (d)    The office shall, at a minimum, require licensees to
784     submit the following information to the check cashing database
785     or electronic log, before entering into each check cashing
786     transaction for each payment instrument being cashed, in such
787     format as required by rule:
788          1.    Transaction date.
789          2.    Payor name as displayed on the payment instrument.
790          3.    Payee name as displayed on the payment instrument.
791          4.    Conductor name, if different from the payee name.
792          5.    Amount of the payment instrument.
793          6.    Amount of currency provided.
794          7.    Type of payment instrument, which may include personal,
795     payroll, government, corporate, third-party, or another type of
796     instrument.
797          8.    Amount of the fee charged for cashing of the payment
798     instrument.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307    (2026)
        Amendment No.


799          9.    Branch or location where the payment instrument was
800     accepted.
801          10.    The type of identification and identification number
802     presented by the payee or conductor.
803          11.    Payee's workers' compensation insurance policy number
804     or exemption certificate number, if the payee is a business.
805          12.    Such additional information as required by rule.
806
807     For purposes of this subsection, multiple payment instruments
808     accepted from any one person on any given day which total $1,000
809     or more must be aggregated and reported in the check cashing
810     database or on the log.
811          Section 18.    Section 627.7408, Florida Statutes, is created
812     to read:
813          627.7408    Presumption of fault in motor vehicle accidents
814     involving unauthorized out-of-state drivers.—
815          (1)    As used in this section, the term:
816          (a)    "Invalid out-of-state driver license" means a driver
817     license deemed invalid under s. 322.033.
818          (b)    "Unauthorized out-of-state driver" means a person
819     operating a vehicle who has an invalid out-of-state driver
820     license.
821          (2)    If an unauthorized out-of-state driver is involved in
822     a motor vehicle accident in this state, there is a rebuttable
823     presumption that the unauthorized-out-of-state driver is at
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1307   (2026)
        Amendment No.


824     fault for the accident for purposes of filing an insurance
825     claim. This presumption applies regardless of the unauthorized
826     out-of-state driver's compliance with other traffic laws at the
827     time of the motor vehicle accident.
828          (3)   The presumption under subsection (2) does not apply if
829     the other driver involved in the motor vehicle accident is
830     determined, by clear and convincing evidence, to be at egregious
831     fault because of, but not limited to, reckless driving in
832     violation of s. 316.192, leaving the scene of an accident in
833     violation of s. 316.027, or racing on highways in violation of
834     s. 316.191.
835          (4)   The presumption established under subsection (2) may
836     be rebutted by clear and convincing evidence that the
837     unauthorized out-of-state driver was not at fault based on
838     factors such as witness statements, accident reconstruction, or
839     video evidence directly related to the circumstances of the
840     motor vehicle accident. The office must determine whether the
841     evidence presented is sufficient to rebut the presumption. The
842     office must make a determination within five business days of
843     receiving the evidence.
844          (5)   Upon investigation of a motor vehicle accident, a law
845     enforcement officer, as defined in s. 943.10(1), must verify
846     whether any person involved in the motor vehicle accident is an
847     unauthorized out-of-state driver or has an invalid out-of-state
848     driver license in violation of s. 322.033. If a driver is
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307    (2026)
        Amendment No.


849     determined to be in violation of s. 322.033 and he or she does
850     not qualify for an exemption under subsection (3), the law
851     enforcement officer must note the presumption of fault on the
852     Florida Traffic Crash Report, Long Form or short-form crash
853     report under s. 316.066, as applicable, and notify the
854     Department of Highway Safety and Motor Vehicles within 48 hours
855     after the accident.
856          (6)    Insurers licensed under chapter 624 must apply the
857     presumption under this section in processing claims and may not
858     pay benefits to or settle claims with an unauthorized out-of-
859     state driver, unless the office has determined the presumption
860     has been rebutted. Insurers must report any suspected
861     noncompliance or rebuttal attempts by the unauthorized out-of-
862     state driver to the office within 30 days after the filing of an
863     insurance claim. An insurer that fails to comply with this
864     subsection is subject to administrative penalties under s.
865     624.4211.
866          (7)    The Department of Highway Safety and Motor Vehicles
867     and the office shall adopt rules to implement this section,
868     including standardized verification forms and procedures for
869     interagency coordination.
870          (8)(a)    This section applies to all insurance policies
871     issued or renewed on or after the effective date of this act and
872     to all motor vehicle accidents occurring on or after the
873     effective date of this act.
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
        Amendment No.


874          (b)   This section may not be construed to interfere with or
875     limit a law enforcement officer's authority delegated under a
876     287(g) agreement with United States Immigration and Customs
877     Enforcement.
878          Section 19.   Section 655.98, Florida Statutes, is created
879     to read:
880          655.98    Prohibited forms of identification for state-
881     chartered financial institutions.—
882          (1)   A state-chartered financial institution may not accept
883     any of the following as a form of identification for the purpose
884     of opening a deposit account, loan account, safe deposit box, or
885     to receive any other services from a state-chartered financial
886     institution:
887          (a)   A license or identification card issued exclusively to
888     an unauthorized alien or undocumented immigrant.
889          (b)   A license or identification card that is substantially
890     the same as a license or identification card issued to a United
891     States citizen or resident or others lawfully present in the
892     United States but which has markings establishing that the
893     license holder did not present proof of his or her lawful
894     presence in the United States.
895          (2)   The Office of Financial Regulation shall adopt rules
896     to ensure compliance with, and to enforce, this section.




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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1307   (2026)
        Amendment No.


897            Section 20.   The Division of Law Revision is directed to
898     replace the phrase "the effective date of this act" wherever it
899     occurs in this act with the date this act becomes a law.
900            Section 21.   This act shall take effect upon becoming a
901     law.
902
903             -----------------------------------------------------
904                          T I T L E   A M E N D M E N T
905            Remove everything before the enacting clause and insert:
906            An act relating to unauthorized aliens; creating s.
907            17.72, F.S.; prohibiting the Department of Financial
908            Services from issuing a license or certification to
909            unauthorized aliens; requiring the department to adopt
910            rules; amending s. 125.0167, F.S.; authorizing a
911            county to require a borrower to provide proof of being
912            lawfully present in the United States; creating s.
913            284.52, F.S.; providing definitions; authorizing the
914            Division of Risk Management to approve or deny claims
915            relating to a minor who is an unauthorized alien;
916            prohibiting the division from approving any claim
917            submitted by an adult who is an authorized alien or
918            fails to provide documentation of lawful presence in
919            the United States; amending s. 322.53, F.S.; requiring
920            certain procedures, instruction, and testing to be
921            conducted in English; prohibiting alternate language
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1307   (2026)
        Amendment No.


922          accommodations; creating s. 420.56, F.S.; providing
923          definitions; prohibiting certain entities and
924          corporations from using state or local funds to
925          provide down payment assistance to unauthorized
926          aliens; requiring an unauthorized alien to repay such
927          down payment assistance if received if the
928          unauthorized alien was not lawfully present at the
929          time of receiving such assistance; authorizing certain
930          entities and corporations to initiate foreclosure
931          proceedings under certain circumstances; amending s.
932          420.5088, F.S.; providing that the Florida
933          Homeownership Assistance Program is to assist certain
934          persons who are lawfully present in the United States;
935          amending s. 420.5096, F.S.; providing that the Florida
936          Hometown Hero Program is to assist certain persons who
937          are lawfully present in the United States; amending s.
938          440.02, F.S.; revising the definition of the term
939          "employee"; amending s. 440.10, F.S.; conforming a
940          provision to changes made by the act; creating s.
941          440.1001, F.S.; defining the term "unauthorized
942          alien"; providing that an employer who hires or
943          employs an unauthorized alien is personally liable for
944          any medical and treatment costs, disability, and death
945          benefits compensable under the workers’ compensation
946          statute resulting from an injury to such person;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1307   (2026)
        Amendment No.


947          prohibiting an employer from transferring or shifting
948          financial responsibility for such injury to others;
949          providing that disputes must be adjudicated by a judge
950          of compensation claims; providing penalties; requiring
951          the Department of Financial Services to transfer
952          reported violations to appropriate licensing
953          authorities; creating s. 440.1002, F.S.; defining the
954          term "E-Verify system"; requiring an employer to
955          verify an employee's employment eligibility before
956          submitting a workers' compensation claim; requiring
957          employers to retain and provide to the Department of
958          Financial Services upon request certain documentation
959          and verification; providing construction; authorizing
960          the department to adopt rules; amending s. 448.09,
961          F.S.; defining “license;” providing penalties for an
962          employer who knowingly employs, hires, recruits, or
963          refers an unauthorized alien; requiring fines
964          collected to be deposited into the State Economic
965          Enhancement and Development Trust Fund; providing a
966          civil cause of action; amending s. 448.095, F.S.;
967          authorizing the Department of Financial Services to
968          request certain verification of an employee's
969          employment eligibility; providing a definition;
970          amending s. 560.208, F.S.; requiring a licensee to
971          verify a person's citizenship status before initiating
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1307   (2026)
        Amendment No.


972          a foreign remittance transfer; defining the term
973          "foreign remittance transfer"; requiring the Financial
974          Services Commission to adopt certain rules; requiring
975          licensees to submit certain forms to the commission
976          within a specified time period; providing a penalty;
977          requiring a licensee to submit such penalty to the
978          commission within a specified time period; requiring
979          the commission to deposit penalties collected into the
980          Regulatory Trust Fund; providing construction;
981          amending s. 560.211, F.S.; requiring licensees to
982          make, keep, and preserve certain documentation used to
983          verify a sender of a foreign remittance transfer is
984          not an unauthorized alien; creating s. 560.2115, F.S.;
985          defining the terms "foreign remittance transfer" and
986          "unauthorized alien"; authorizing the Office of
987          Financial Regulation of the commission to request
988          records of certain documentation; authorizing a person
989          to file a complaint with the office; requiring the
990          office to notify a licensee upon a substantiated
991          complaint; requiring the office to conduct random
992          quarterly audits beginning on a specified date;
993          providing for the suspension of licenses under certain
994          circumstances; amending s. 560.310, F.S.; prohibiting
995          certain forms of personal identification for certain
996          corporate payment instruments; creating s. 627.7408,
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
         Amendment No.


 997          F.S.; defining the terms "invalid out-of-state driver
 998          license" and "unauthorized out-of-state driver";
 999          creating a rebuttable presumption of fault against
1000          unauthorized out-of-state drivers involved in motor
1001          vehicle accidents; providing an exception; providing
1002          for the rebuttal of the presumption upon the showing
1003          of clear and convincing evidence; requiring law
1004          enforcement officers to note the presence of a
1005          presumption on a crash report form and notify the
1006          Department of Highway Safety and Motor Vehicles within
1007          a specified timeframe; requiring insurers to apply the
1008          presumption when processing claims; prohibiting
1009          insurers from paying or settling claims with
1010          unauthorized out-of-state drivers; requiring insurers
1011          to notify the Office of Insurance Regulation within a
1012          specified timeframe under certain circumstances;
1013          providing administrative penalties; providing for
1014          attorney fees and costs; requiring the Department of
1015          Highway Safety and Motor Vehicles and the Office of
1016          Insurance Regulation to adopt certain rules; providing
1017          applicability and construction; creating s. 655.98,
1018          F.S.; prohibiting a state-chartered financial
1019          institution from accepting certain forms of personal
1020          identification; requiring the Office of Financial
1021          Regulation to adopt certain rules; providing a
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                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1307   (2026)
         Amendment No.


1022          directive to the Division of Law Revision; providing
1023          an effective date.




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CS/HB 1343
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1343                                    COMPANION BILL: CS/SB 1504 (Calatayud)
TITLE: Insurance Customer Representative Licensing    LINKED BILLS: None
Qualifications                                        RELATED BILLS: None
SPONSOR(S): Hodgers
Committee References
       Insurance & Banking                  Careers & Workforce                    Commerce
          16 Y, 0 N, As CS                       16 Y, 0 N           

SUMMARY
Effect of the Bill:
The bill provides that an individual who has earned a high school diploma in Florida satisfies the education
requirement for an insurance customer representative’s license, if the individual completed a course in insurance
and personal finance as part of the curriculum.

The bill directs the Department of Education to develop a course in insurance and personal finance in consultation
with the Department of Financial Services.

Fiscal or Economic Impact:
There may be an indeterminate impact on the state and private sector.


JUMP TO                   SUMMARY                         ANALYSIS                  RELEVANT INFORMATION                    BILL HISTORY


ANALYSIS
EFFECT OF THE BILL:
The bill provides that an individual who has earned a diploma from a Florida high school, which included a course
in insurance and personal finance, satisfies the education requirement for an insurance customer representative’s
license if the diploma was obtained within 4 years before filing the license application with the Department of
Financial Services (DFS). (Section 1).

The bill directs the Department of Education, in consultation with DFS, to develop a 0.5 credit course in insurance
and personal finance. The course must include a comprehensive analysis of property and casualty lines of
insurance consistent with the other instructional programs that applicants for an insurance customer
representative’s license may use to satisfy the education requirement for licensure. (Section 2).

The course must be available to school districts for use beginning with the 2027-2028 school year. (Section 2).

The bill provides an effective date of July 1, 2026. (Section 3).

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
There may be an indeterminate negative fiscal impact on the Department of Education related to creating a course
on insurance and personal finance.



STORAGE NAME: h1343d.COM
DATE: 2/6/2026
                                                                                                                                             1
                                                                                                                CS/HB 1343
PRIVATE SECTOR:
There may be an indeterminate impact on the private sector to the extent that creating a new pathway to licensure
may encourage more people to obtain an insurance customer representative’s license.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Insurance Customer Representatives
A customer representative is an individual appointed by a general lines agent or agency to assist them in
transacting the business of insurance from the office of that agent or agency. 1

Current law requires a general lines agent to supervise a customer representative. If an agency appoints a
customer representative, then it must designate an agent to supervise the customer representative. A customer
representative may only be appointed to one agency or agent at a time. 2 The license expires if the licensee is
unappointed for 48 months. 3

Customer representatives may perform the following functions: 4
   • Take insurance applications.
   • Give quotes.
   • Interpret policies.
   • Explain procedures.
   • Give insurance advice.
   • Solicit new customers at the agent’s office or by telephone from the office.
   • Bind new or additional coverages.
   • A customer representative may perform preliminary work to assist in processing a claim, including:
          o taking claims statements;
          o getting estimates;
          o advising claimants about procedures;
          o preparing claims paperwork;
          o taking photos; and
          o assembling or ordering claims files.
   • Any other function consistent with assisting insurance agents in the transaction of property and casualty
      insurance which is consistent with the Florida Insurance Code or any DFS rule.

Customer representatives may not make or sign the actual substantive determination of the amount of a claim,
loss, or damage payable, nor conduct settlement negotiations, settle a claim, or issue or sign claims checks or
drafts. 5 A customer representative may not transact life insurance or any kind of insurance for which the agent or
agency by which he or she is appointed does not have a license to transact. 6




1 S. 626.015(6), F.S.
2 Ss. 626.7351(5) and 626.7353, F.S.
3 DFS, Resident Customer Representative License, https://www.myfloridacfo.com/docs-sf/insurance-agents-and-agency-

services-libraries/agents-docs/licensure/agents-adjusters/4-40-resident-customer-representative.pdf (last visited Jan. 25,
2026).
4 Fla. Admin Code R. 69B-213.130.
5 Id.
6 S. 626.7354(1), F.S.

JUMP TO                 SUMMARY                    ANALYSIS             RELEVANT INFORMATION               BILL HISTORY
                                                                                                                             2
                                                                                                          CS/HB 1343
Qualifications to Obtain a Customer Representative License
To obtain a resident customer representative license, the applicant must be at least 18 years old, be a resident of
Florida, be a United States citizen or a legal alien with valid employment authorization, and not hold a resident
license in another state. 7

Additionally, the applicant must have been awarded one of the following designations within the last four years: 8
   • Accredited Advisor in Insurance (AAI) from the Insurance Institute of America.
   • Accredited Customer Service Representative (ACSR) from the Insurance Institute of America.
   • Associate in General Insurance (AINS) from the Insurance Institute of America.
   • Certified Insurance Counselor (CIC) from the Society of Certified Insurance Service Counselors.
   • Certified Insurance Representative (CIR) from the All-Lines Training provider.
   • Certified Insurance Service Representative (CISR) from the Society of Certified Insurance Service
       Representatives.
   • Certified Professional Service Representative (CPSR) from the National Foundation for CPSR.
   • Chartered Property and Casualty Underwriters (CPCU) from the American Institute for Chartered Property
       Casualty Underwriters.
   • Insurance Customer Service Representative (ICSR) from Statewide Insurance Associates LLC.
   • Professional Customer Service Representative (PCSR) from the Professional Career Institute.
   • Registered Customer Service Representative (RCSR) from an Accredited Postsecondary Institution.

An applicant may also qualify for licensure without earning one of the designations above if they earned a degree
which includes at least nine credit hours of insurance instruction with specific instruction in property, casualty,
and inland marine insurance from an accredited college or university. 9

The license application requires a $50 fee. 10 Applicants must also submit fingerprint verification, and the
associated fees which must be paid directly to the vendor who processes the fingerprints. 11




7 DFS, Resident Customer Representative License, https://myfloridacfo.com/docs-sf/insurance-agents-and-agency-services-

libraries/agents-docs/licensure/agents-adjusters/4-40-resident-customer-representative332ddeb4-13d4-4c18-90f8-
e105361c41a3.pdf?sfvrsn=c31941aa_1 (last visited Jan. 24, 2026).
8 S. 626.7351(3), F.S.
9 Id.
10 DFS, Fees & Payment Methods, https://myfloridacfo.com/division/agents/licensing/agents-and-adjusters/fees (last visited

Jan. 23, 2026).
11 Id.

JUMP TO                SUMMARY                    ANALYSIS             RELEVANT INFORMATION              BILL HISTORY
                                                                                                                             3
                                                                                                                             CS/HB 1343
                                                         BILL HISTORY
                                                                                                    STAFF
                                                                                                  DIRECTOR/               ANALYSIS
COMMITTEE REFERENCE                                 ACTION                     DATE              POLICY CHIEF           PREPARED BY
Insurance & Banking                              16 Y, 0 N, As CS            1/29/2026             Brackett                Miguez
Subcommittee
THE CHANGES ADOPTED BY THE                      •   Removed the requirement for an individual to complete courses in
COMMITTEE:                                          personal finance & money management and economics & personal
                                                    finance to satisfy the education requirement for an insurance customer
                                                    representative license through a high school diploma.
                                                •   Directed the Department of Education, in consultation with the
                                                    Department of Financial Services, to develop a course in insurance &
                                                    personal finance. The course must be available to school districts
                                                    beginning in the 2027-2028 school year and must include a
                                                    comprehensive analysis of basic property and casualty lines of
                                                    insurance.
Careers & Workforce                                 16 Y, 0 N             2/4/2026           Kiner              Kiner
Subcommittee
Commerce Committee                                                                                   Hamon                   Miguez


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




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                                                                                                                                            4
F   L      O   R   I   D   A     H    O   U   S   E     O   F      R   E   P    R   E   S   E   N   T   A   T   I   V   E   S




           CS/HB 1343                                                                                           2026




    1                                         A bill to be entitled
    2              An act relating to insurance customer representative
    3              licensing qualifications; amending s. 626.7351, F.S.;
    4              revising the methods by which applicants can qualify
    5              for the customer representative license; creating s.
    6              1003.4207, F.S.; requiring the Department of
    7              Education, in consultation with the Department of
    8              Financial Services, to develop a specified insurance
    9              and personal finance course beginning in a specified
10                 school year; providing an effective date.
11
12         Be It Enacted by the Legislature of the State of Florida:
13
14                 Section 1.          Subsection (3) of section 626.7351, Florida
15         Statutes, is amended to read:
16                 626.7351          Qualifications for customer representative's
17         license.—The department shall not grant or issue a license as
18         customer representative to any individual found by it to be
19         untrustworthy or incompetent, or who does not meet each of the
20         following qualifications:
21                 (3)     Within 4 years preceding the date that the application
22         for license was filed with the department, the applicant has
23         earned the designation of Accredited Advisor in Insurance (AAI),
24         Associate in General Insurance (AINS), or Accredited Customer
25         Service Representative (ACSR) from the Insurance Institute of

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        CS/HB 1343                                                                                           2026




26      America; the designation of Certified Insurance Counselor (CIC)
27      from the Society of Certified Insurance Service Counselors; the
28      designation of Certified Professional Service Representative
29      (CPSR) from the National Foundation for CPSR; the designation of
30      Certified Insurance Service Representative (CISR) from the
31      Society of Certified Insurance Service Representatives; the
32      designation of Certified Insurance Representative (CIR) from
33      All-Lines Training; the designation of Chartered Customer
34      Service Representative (CCSR) from American Insurance College;
35      the designation of Professional Customer Service Representative
36      (PCSR) from the Professional Career Institute; the designation
37      of Insurance Customer Service Representative (ICSR) from
38      Statewide Insurance Associates LLC; the designation of
39      Registered Customer Service Representative (RCSR) from a
40      regionally accredited postsecondary institution in the state
41      whose curriculum is approved by the department and includes
42      comprehensive analysis of basic property and casualty lines of
43      insurance and testing which demonstrates mastery of the subject;
44      a diploma from a Florida high school in which the applicant
45      completed the insurance and personal finance course provided in
46      s. 1003.4207; or a degree from an accredited institution of
47      higher learning approved by the department when the degree
48      includes a minimum of 9 credit hours of insurance instruction,
49      including specific instruction in the areas of property,
50      casualty, and inland marine insurance. The department shall

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        CS/HB 1343                                                                                           2026




51      adopt rules establishing standards for the approval of
52      curriculum.
53              Section 2.         Section 1003.4207, Florida Statutes, is created
54      to read:
55              1003.4207         Insurance and personal finance course.—No later
56      than January 1, 2027, the Department of Education, in
57      consultation with the Department of Financial Services, shall
58      develop a 0.5 credit course in insurance and personal finance
59      which is available to school districts for use beginning with
60      the 2027-2028 school year. The course must include a
61      comprehensive analysis of basic property and casualty lines of
62      insurance consistent with the instructional designations
63      provided under s. 626.7351(3).
64              Section 3.         This act shall take effect July 1, 2026.




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                                                                                                         hb1343-01-c1
PCS for HB 885
                                     FLORIDA HOUSE OF REPRESENTATIVES
                                               BILL ANALYSIS
       This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 885                                                  COMPANION BILL: None
TITLE: Transportation Facility Designations                             LINKED BILLS: None
SPONSOR(S): Commerce Committee                                          RELATED BILLS: None
Committee References
                                                         Orig. Comm.: Commerce


SUMMARY
Effect of the Bill:
The bill designates transportation facilities for memorial purposes and directs the Florida Department of
Transportation (FDOT) to erect suitable markers for each designation.

Fiscal or Economic Impact:
The bill will have an insignificant negative impact on state government expenditures.
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ANALYSIS
EFFECT OF THE BILL:
The bill requires FDOT to erect suitable markers for the following transportation facility designations: (Section 1)

State Representative/Circuit Judge John J. Crews, Jr. Memorial Highway
That portion of U.S. 90 between the intersection of North 3rd Street in Baker County and the Nassau County line is
designated as "State Representative/Circuit Judge Hon. John J. Crews, Jr., Memorial Highway."

Warrior Sacrifice Way
That portion of S.R. 295/Navy Boulevard between Duncan Road and S.R. 292/Gulf Beach Highway in Escambia
County is designated as “Warrior Sacrifice Way.”

Bernard Wilkes Ribault River Bridge
The bridge on Moncrief Road West over the Ribault River in Duval County is designated as "Bernard Wilkes Ribault
River Bridge."

Dickey Betts Memorial Highway
That portion of U.S. 41 between North Creek and Blackburn Point Road in Sarasota County is designated as “Dickey
Betts Memorial Highway.”

Phil Smith Memorial Highway
That portion of S.R. 5/U.S. 1 between NE 38th Street and E Commercial Boulevard in Broward County is designated
as “Phil Smith Memorial Highway.”

The bill provides for an effective date of July 1, 2026. (Section 2)




STORAGE NAME: PCS0885.COM
DATE: 2/9/2026
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FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. In 2025, FDOT estimated a
cost of $2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200
per sign. 1 Therefore, the bill has an estimated negative fiscal impact of $12,000 to the State Transportation Trust
Fund. This cost can be absorbed within existing FDOT resources.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and may not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listing. 2

Unless specifically provided by law, public facilities such as roads, bridges, and other similar facilities may not be
named for any living person. 3

Transportation Facility Markers
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate. 4 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected. 5

Biographical Information

State Representative/Circuit Judge Hon. John J. Crews, Jr.
The Hon. John J. Crews Jr. served his country in World War II as a Marine Corps Fighter Pilot before serving the
state of Florida as a state representative for Baker County in the Florida House of Representatives for 14 years
from 1953 to 1966, including a stint as acting Speaker of the House. Crews was also a renowned lawyer who served
as the Chief Judge of the 8th Judicial Circuit of Florida.

Warrior Sacrifice Way
Warrior Sacrifice Way honors the victims of the terrorist attack at Naval Air Station Pensacola on December 6,
2019, where three men were killed and eight others were injured. 6

Bernard Wilkes
Coach Bernard Wilkes was recognized as one of the most successful high school coaches in Florida's history. He
dedicated 30 years of service to the Duval County Public School System, teaching and coaching basketball at


1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.

13, 2025).
2 S. 334.071(1), F.S.
3 S. 267.062(1), F.S.
4 S. 334.071(2), F.S.
5 S. 334.071(3), F.S.
6 NBC News, Suspected shooter at Naval Air Station Pensacola was Saudi Air Force member, December 6, 2019,

https://www.nbcnews.com/news/us-news/active-shooter-reported-naval-air-station-pensacola-n1096966 (last visited
Jan.16, 2026).
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Ribault Senior High School. Throughout his career, Coach Wilkes led the basketball team to four state
championships, 12 Gateway Conference championships, 21 district titles, and reached the Florida High School
Athletic Association Finals 16 times. Coach Wilkes passed away on March 5, 2006.

Dickey Betts
Dickey Betts was a guitarist, vocalist, and co-founder of the legendary Allman Brothers Band, a group that
pioneered the southern rock sound. Betts was inducted into the Rock and Roll Hall of Fame as a member of the
band and received a Grammy Award with the group for Best Rock Performance. Betts was ranked as one of Rolling
Stone’s 100 Greatest Guitarists of All-Time and was the writer and vocalist of the band’s biggest hit, “Ramblin’
Man.” Betts was a Florida native, born in West Palm Beach, and resided in the Sarasota area for most of his life.
Betts passed away on April 18, 2024.

Phil Smith
Philip P. “Phil” Smith was an auto dealer and philanthropist who passed away at age 70 in 2016 after a battle with
ALS, known as Lou Gehrig’s Disease. Under the Phil Smith Management Co., he led an auto dealership and property
management company with 780 employees and some $500 million in annual revenue. Smith once owned as many
as 17 auto dealerships in Florida and North Carolina. He also owned the Coral Ridge Country Club in Fort
Lauderdale. Among their many charitable contributions, he and his wife donated a $5 million gift to Florida
Atlantic University’s College of Business in Boca Raton 7 and a $7 million gift in to Holy Cross Hospital in Fort
Lauderdale to create the Phil Smith Neuroscience Institute at Holy Cross Hospital. 8

                                                    BILL HISTORY
                                                                                          STAFF
                                                                                        DIRECTOR/            ANALYSIS
COMMITTEE REFERENCE                            ACTION                  DATE            POLICY CHIEF        PREPARED BY
Orig. Comm.: Commerce Committee                                                           Hamon               Dallas




7 Florida Atlantic University, Remembering Alumnus and Local Businessman Phil Smith,

https://www.fau.edu/president/blog/blog-entry-121916/ (last visited Feb. 6, 2026).
8 Holy Cross Health, Neurosciences, https://www.holy-cross.com/services/neurosciences (last visited Feb. 6, 2026).

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           PCS for HB 885                                                                                       2026




    1                                         A bill to be entitled
    2              An act relating to transportation facility
    3              designations; providing honorary designations of
    4              certain transportation facilities in specified
    5              counties; directing the Department of Transportation
    6              to erect suitable markers; providing an effective
    7              date.
    8
    9      Be It Enacted by the Legislature of the State of Florida:
10
11                 Section 1.         Transportation facility designations;
12         Department of Transportation to erect suitable markers.—
13                 (1)      That portion of U.S. 90 in Baker County between North
14         3rd Street and the Nassau County line is designated as "State
15         Representative/Circuit Judge Hon. John J. Crews, Jr., Memorial
16         Highway."
17                 (2)      That portion of S.R. 295/Navy Boulevard between Duncan
18         Road and S.R. 292/Gulf Beach Highway in Escambia County is
19         designated as "Warrior Sacrifice Way."
20                 (3)      The bridge on Moncrief Road West over the Ribault
21         River in Duval County is designated as "Bernard Wilkes Ribault
22         River Bridge."
23                 (4)      That portion of U.S. 41 between North Creek and
24         Blackburn Point Road in Sarasota County is designated as "Dickey
25         Betts Memorial Highway."

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        PCS for HB 885                                                                                       2026




26              (5)      That portion of S.R. 5/U.S. 1 between NE 38th Street
27      and E Commercial Boulevard in Broward County is designated as
28      "Phil Smith Memorial Highway."
29              (6)      The Department of Transportation is directed to erect
30      suitable markers designating the transportation facilities as
31      described in this section.
32              Section 2.         This act shall take effect July 1, 2026.




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