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.
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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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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).
STORAGE NAME: h0033b.COM
DATE: 2/6/2026
1
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.
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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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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 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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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.
STORAGE NAME: h0099b.COM
DATE: 2/6/2026
1
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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hb99-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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2
CS/CS/HB 189
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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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
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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(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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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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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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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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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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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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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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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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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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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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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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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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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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(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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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(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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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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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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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)
Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Amendment No.
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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Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
(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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
(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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 189 (2026)
Amendment No.
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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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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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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 465
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 465
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 465
• 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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 465
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
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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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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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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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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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
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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
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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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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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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 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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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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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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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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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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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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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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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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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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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
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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
1
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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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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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• 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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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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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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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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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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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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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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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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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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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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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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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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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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hb767-00
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 767 (2026)
Amendment No.
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
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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;
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 797
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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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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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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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
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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64 S. 617.1805, F.S.
65 S. 617.1806, F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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
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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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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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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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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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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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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2
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
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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21 Fla. Admin. Code R. Rule 61A-4.0371(1)
22 Fla. Admin. Code R. Rule 61A-4.0371(2)
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 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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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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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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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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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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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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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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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4
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 1307
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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)
Amendment No.
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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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)
Amendment No.
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)
Amendment No.
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)
Amendment No.
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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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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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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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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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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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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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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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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Amendment No.
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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Bill No. HB 1307 (2026)
Amendment No.
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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Amendment No.
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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Amendment No.
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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Bill No. HB 1307 (2026)
Amendment No.
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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Bill No. HB 1307 (2026)
Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1307 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1307 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1307 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1307 (2026)
Amendment No.
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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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1307 (2026)
Amendment No.
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
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 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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hb1343-01-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 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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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
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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
1
PCS for HB 885
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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PCS for HB 885
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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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
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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