Meeting Packet — Commerce Committee (Florida House of Representatives, February 24, 2026)

Summary

This is the meeting packet for the Commerce Committee of the Florida House of Representatives for Tuesday, February 24, 2026, 3:00 PM to 6:00 PM in Sumner Hall (404 HOB). The meeting notice lists bills for consideration, including CS/HB 175 Payment Stablecoin, CS/HB 311 Tax Credits for Contributions to Assist Homebuyers, CS/CS/HB 951 One-cent Piece and CS/CS/HB 1521 Domestic Animals. The packet includes a bill analysis of CS/HB 175, which says the bill requires payment stablecoin issuers to publish a monthly reserve report and prohibits anti-competitive and tying practices. Its closing pages carry amendment text for CS/CS/HB 1521.

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

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“Meeting Packet — Commerce Committee (Florida House of Representatives, February 24, 2026).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-02-24-3285-commerce-committee-meeting-packets-mtg15185-319ce026ab/, SHA-256 9d44d9c9d699d21a3727a41519e66cd2e74e9d7af6e8e42a0ba9615744440674.

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Commerce Committee
Tuesday, February 24, 2026
3:00 PM – 6:00 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 24, 2026 03:00 PM

End Date and Time: Tuesday, February 24, 2026 06:00 PM

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

Consideration of the following bill(s):

CS/HB 175 Payment Stablecoin by Insurance & Banking Subcommittee, Barnaby, Giallombardo
CS/HB 311 Tax Credits for Contributions to Assist Homebuyers by Ways & Means Committee, Edmonds
CS/HB 741 Department of Commerce by Housing, Agriculture & Tourism Subcommittee, Owen
CS/HB 839 Unlicensed Practice of Engineering by Industries & Professional Activities Subcommittee, Melo
CS/HB 883 Protected Cell Captive Insurance Companies by Insurance & Banking Subcommittee, Fabricio
CS/HB 943 Citizens Property Insurance Corporation by Insurance & Banking Subcommittee, Redondo
CS/CS/HB 951 One-cent Piece by Insurance & Banking Subcommittee, Ways & Means Committee,
McFarland, Overdorf
CS/HB 989 Motor Vehicle Manufacturers, Importers, and Distributors and Franchised Motor Vehicle Dealers
by Industries & Professional Activities Subcommittee, Yeager
CS/HB 1039 Establishment and Administration of a State Cryptocurrency Reserve by Insurance & Banking
Subcommittee, Snyder, Weinberger
CS/HB 1075 Utilities by Intergovernmental Affairs Subcommittee, Sirois, Oliver
CS/CS/CS/HB 1093 Vertiports by Transportation & Economic Development Budget Subcommittee, Ways &
Means Committee, Economic Infrastructure Subcommittee, Spencer, Alvarez, J.
CS/CS/HB 1177 Spaceport Operations and Space Florida by Transportation & Economic Development Budget
Subcommittee, Ways & Means Committee, Sirois
HB 1217 Prohibited Governmental Policies Regulating Greenhouse Gas Emissions by Snyder, Jacques
CS/HB 1233 Transportation by Economic Infrastructure Subcommittee, Griffitts, Conerly
CS/HB 1311 Legal Tender by Insurance & Banking Subcommittee, Bankson
CS/HB 1387 State Economic Development Contracts by Housing, Agriculture & Tourism Subcommittee,
Overdorf
CS/HB 1389 Affordable Housing by Housing, Agriculture & Tourism Subcommittee, Redondo
CS/HB 1415 Use of Digital Currency by the Department of Financial Services by Insurance & Banking
Subcommittee, Holcomb, Giallombardo
CS/HB 1451 Utility Services by Economic Infrastructure Subcommittee, Busatta
CS/HB 1461 Advanced Nuclear Reactors by Economic Infrastructure Subcommittee, Miller, Gentry
CS/CS/HB 1481 Housing for Veterans by Intergovernmental Affairs Subcommittee, Housing, Agriculture &
Tourism Subcommittee, Rosenwald, Daley
CS/CS/HB 1521 Domestic Animals by Budget Committee, Industries & Professional Activities Subcommittee,
Weinberger

NOTICE FINALIZED on 02/20/2026 4:17PM by Marks.Amie

02/20/2026 04:17:28PM Leagis ® Page 1 of 1
CS/HB 175
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 175 COMPANION BILL: CS/SB 314 (Burton)
TITLE: Payment Stablecoin LINKED BILLS: None
SPONSOR(S): Barnaby and Giallombardo RELATED BILLS: None
Committee References
Insurance & Banking Commerce
17 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill creates a regulatory framework for payment stablecoin issuers, pursuant to the federal Guiding and
Establishing National Innovation for U.S. Stablecoins Act. The bill requires issuers to register with and obtain
approval from the Office of Financial Regulation, as well as comply with prudential requirements. The bill requires
the Office of Financial Regulation to certify to the federal Stablecoin Certification Review Committee that the state
regulatory regime is substantially similar to the federal regulatory regime.

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

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Payment Stablecoin
Effective January 1, 2027, the bill creates a state-level regulatory framework for payment stablecoin issuers,
pursuant to the federal Guiding and Establishing National Innovation for U.S. Stablecoins Act (“GENIUS Act”)1.
(Sections 1-12).

The bill defines “qualified payment stablecoin issuer” as an entity established under the laws of a state and
approved by the Office of Financial Regulation (“OFR”) to issue payment stablecoin. (Section 1).

The bill defines “payment stablecoin" as a digital asset2 that:
 Is meant to be used for payments or settling transactions.
 The issuer of which:
o Must be ready to convert or redeem it for a fixed amount of money.3
o Represents, or creates a reasonable expectation that the value of the digital asset will remain stable
against a fixed amount of money. (Section 1).

The bill provides that the term “payment stablecoin” does not include:
 A national currency.4

1 12. U.S.C. 5901et seq.
2 The bill defines “digital asset” as any digital representation of value that is recorded on a cryptographically secured digital

ledger.
3 E.g. 1 United States Dollar for 1 stablecoin.
4 Such as United States Dollars or other government-issued money.

STORAGE NAME: h0175a.COM
DATE: 2/20/2026
1
CS/HB 175
 Deposits. 5

 Securities.6 (Section 1).

Money services businesses
Effective January 1, 2027, the bill expands the definition of money services business to include qualified payment
stablecoin issuers, thereby incorporating payment stablecoin issuers into Florida’s regulatory framework for
money services businesses. However, unlike other money services businesses, the bill does not require licensure of
payment stablecoin issuers and instead requires said issuers to apply for and obtain a registration from the OFR.
(Sections 1-4).

The bill updates an existing prohibition on unlicensed activity for money services businesses to also cover
operating as a payment stablecoin issuer without required registration. (Section 4).

The bill amends the Florida Control of Money Laundering in Money Services Business Act7 to include payment
stablecoins, requiring issuers to comply with its provisions and subjecting them to enforcement for violations. The
bill also requires state qualified payment stablecoin issuers to comply with any anti-money laundering regulation
provided in the GENIUS Act. (Section 3).

Registration requirements
Effective January 1, 2027, the bill creates part V of ch. 560, F.S., entitled “Payment Stablecoin Issuers” that
establishes regulation of issuers of payment stablecoin. (Section 5).

The bill prohibits engaging in the activity of a qualified payment stablecoin issuer prior to applying for and
obtaining an approval of registration from OFR. The bill requires OFR to provide the applicant with written notice
of OFR’s approval or denial of the application for registration. (Section 6).

Registration applications
Effective January 1, 2027, the bill requires applicants seeking registration as a qualified payment stablecoin issuer
to submit an application to OFR that includes:
 The applicant’s legal name, any fictitious or trade names, and physical and mailing addresses.
 The date and state of formation, if applicable.
 For each control person,8 their name, identification number (such as social security number, alien
identification number, or taxpayer identification number), business and residential addresses, and
employment history for the past 5 years.
 A description of the applicant’s organizational structure, including any parent or subsidiary entities and
whether any are publicly traded.
 The name and mailing address of the registered agent in the state.
 An attestation that the applicant has documented and implemented blockchain analytics policies and
procedures to prevent transfers to wallet addresses linked to known criminal activity, and that these
controls are integrated into the applicant’s compliance program.
 Any other information required by Florida statute or the Financial Services Commission (“Commission”)
rule. (Section 7).

5 A deposit is money or funds held by a bank or savings association that the bank is obligated to repay to the customer. See 12

U.S.C. 1813(l).
6 E.g. notes, stocks and bonds. S. 517.021, F.S., 15 U.S.C. 77b, 15 U.S.C. 78c, and 15 U.S.C. 80a-2.
7 The Florida Control of Money Laundering in Money Services Businesses Act (“Act”) requires money services businesses to

maintain records of certain financial transactions and file reports with OFR. Money services businesses who violate the Act can
face administrative penalties, fines, and criminal charges. S. 560.123, F.S.
8 The term “control person” includes key employees of a money service business, such as a president, high ranking officers,

and certain shareholders. See S. 560.103, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/HB 175
The bill requires applicants to provide any information needed to correct application deficiencies within a
timeframe to be set by Commission rule. (Section 7).

Registrants must report any changes to the information in their initial application or application amendments
within 30 days of the change taking effect. (Section 7).

Registrations must be renewed annually by December 31 of the year before expiration. To renew, a registrant must
either submit updated application information if changes have occurred or an affidavit confirming that no
information has changed since the prior year. (Section 7).

A renewal registration becomes effective on the date OFR approves the application for registration. If a registrant
fails to submit a renewal application within 60 days after the registration becomes inactive, the registration
expires. Once expired, the issuer must submit a new registration application and receive a new registration from
OFR before conducting business in this state. (Section 7).

OFR may deny an initial or renewal application if a control person of the registrant or the registrant has engaged in
unlawful business practices or has been convicted or found guilty of, or pled guilty or nolo contendere to crimes
involving dishonest dealing, fraud, acts of moral turpitude, or other acts showing an inability to engage lawfully as
a qualified payment stablecoin issuer. OFR must deny a renewal application that fails to comply with the
application requirements for a new registration. (Section 7).

Any false statement in a registration application renders the registration void. A void registration does not provide
a defense against prosecution for violations of ch. 560, F.S. (Section 7).

Financial institutions
Effective January 1, 2027, the bill creates a regulatory framework within Florida’s financial institutions codes,
allowing trust companies to issue payment stablecoin. The regulatory framework for trusts company payment
stablecoin issuers is substantially similar to the regulation of money services business payment stablecoin issuers,
such that the two types of issuers must comply with all of the same requirements except that trust companies are
not required to register as issuers since they are already regulated under Florida’s financial institutions codes.9
(Section 12).

The bill provides that a qualified payment stablecoin issuer has the same meaning as it applies to money services
businesses and also specifies that the term does not include an insured depository institution10, an uninsured
national bank, a federal branch of a foreign bank11, or a subsidiary12 of such entities.13 (Section 12).

9 Ch. 658, F.S.
10 The bill defines "insured depository institution" as any bank or savings association the deposits of which are insured by the

Federal Deposit Insurance Corporation or a credit union insured by the National Credit Union Administration Board.
11 The bill defines "federal branch of a foreign bank" as a branch of a foreign bank established and operating under 12 U.S.C.

3102.
12 The bill defines "subsidiary" as a company that is owned or controlled directly or indirectly by another company and

includes any service corporation owned in whole or in part by an insured depository institution or any subsidiary of such a
service corporation.
13 Because the definition of a state qualified payment stablecoin issuer in the GENIUS Act excludes insured depository

institutions and all state banks and credit unions are insured, the bill does not include a state regulatory regime of banks or
credit unions as issuers. Section 658.38, F.S., requires all state banks to maintain insurance from the Federal Deposit Insurance
Corporation. Section 657.033, F.S., requires credit union to obtain and maintain insurance of accounts through the National
Credit Union Administration.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 175
Limitation on payment stablecoin activities
Effective January 1, 2027, the bill provides that unless licensed as a money services business or chartered as a
financial institution, a qualified payment stablecoin issuer may engage only in the following activities:
 Issue payment stablecoins.
 Redeem payment stablecoins.
 Manage related reserves, including purchasing, selling, and holding reserve assets or providing custodial
services for reserve assets, consistent with federal law and the laws of this state.
 Undertake other activities that directly support any of the activities described above. (Section 8).

Minimum prudential requirements
Effective January 1, 2027, the bill requires payment stablecoin issuers to comply with the requirements of the
GENIUS Act, including the following:

Reserve requirements
 Maintain identifiable reserves equal to at least 100% of outstanding payment stablecoins.
 Permissible reserves include:
o U.S. coin or currency or funds held at a Federal Reserve Bank.
o Demand deposits or insured shares at an insured depository institution, subject to federal limits.
o U.S. treasury bills, notes, or bonds with maturities of 93 days or less.
o Overnight repurchase or reverse repurchase agreements backed by short-term U.S. Treasuries,
subject to federal standards and overcollateralization requirements.
o Securities issued by a federally registered investment company or other registered government
money market fund, and that are invested solely in permitted reserve assets.
o Other similarly liquid federal government-issued asset approved by the primary federal payment
stablecoin regulator, in consultation with OFR.
o Certain permitted reserves in tokenized form, if compliant with applicable laws. (Sections 9 and
12).

Redemption Policies and Consumer Disclosures
 Publicly disclose a redemption policy with clear procedures for timely redemption of payment stablecoins.
 Clearly disclose all fees associated with purchasing or redeeming payment stablecoins.
o Fee changes require at least seven days’ prior notice to consumers. (Sections 9 and 12).

Restrictions on Use of Reserves
 Comply with federal prohibitions on pledging, rehypothecating14, or reusing reserve assets, except as
permitted for:
o Satisfying margin obligations related to permitted reserve investments.
o Satisfying obligations associated with custodial services.
o Liquidity management to meet redemption demands, including limited use of Treasury-backed
repurchase agreements, subject to clearance from a clearing agency or prior approval from OFR.
(Sections 9 and 12).

Reserve transparency and reporting
 Publish a monthly reserve report on the issuer’s website showing:
o The total number of outstanding payment stablecoins.
o The amount, composition, average maturity and custody location of reserve assets. (Sections 9 and
12).

14 Rehypothecating occurs when an institution reuses required reserve assets that are meant to back customer obligations for

the institution’s own borrowing, lending, or investment purposes.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 175
Audits, Certifications, and Supervision
 Retain a registered public accounting firm15 to conduct a monthly examinations of reserve reports.
 Submit monthly certifications to OFR, signed by the issuer's chief executive officer and chief financial
officer, attesting to the accuracy of reserve reports.
 Comply with federal and state requirements relating to capital, liquidity, and risk management.
 Use only custodians or safekeepers that comply with the GENIUS Act.
 Comply with all other federal requirements and implementing regulations under the GENIUS Act. (Sections
9 and 12).

The bill prohibits payment stablecoin issuers from engaging in the following conduct:

Anti-competitive and Tying Practices
 Conditioning access to payment stablecoin services on the purchase of unrelated products or services, or
on agreements not to use competitors’ products, unless authorized by federal law. (Sections 9 and 12).

Deceptive Naming and Marketing
 Using names or marketing that imply association with or endorsement by the U.S. Government.
 Marketing payment stablecoins in a way that would lead a reasonable person to believe they are U.S. legal
tender or government-backed. (Sections 9 and 12).

Interest or Yield Payments
 Paying interest or other yield solely for holding or using a payment stablecoin, unless expressly authorized
by federal law. (Sections 9 and 12).

Exemptions
Effective January 1, 2027, the bill exempts licensed money services businesses such as payment instrument sellers,
foreign currency exchangers, check cashers, or money transmitters from registering as a qualified payment
stablecoin issuer, as long as their total outstanding stablecoin issuance does not exceed $10 billion. However, these
licensees still must comply with the bill’s other requirements for qualified payment stablecoin issuers. (Section 6).

The bill exempts trust companies that issue payment stablecoins with a consolidated total outstanding issuance of
$10 billion or less from registration as a qualified payment stablecoin issuer but does require such company to
comply with the bill’s other provisions for qualified payment stablecoin issuers. (Section 12).

The bill also exempts the following transactions from its provisions:
 Direct transfers of payment stablecoins between two individuals acting on their own behalf, for lawful
purposes, without an intermediary.
 Transfers between an account in the U.S. and an account that is abroad as long as both accounts are owned
by the same individual and under the same parent company.
 Transactions using software or hardware wallets that facilitates an individual's own custody of payment
stablecoins. (Sections 6 and 12).

Transition to federal oversight
Effective January 1, 2027, the bill requires state regulated payment stablecoin issuers to comply with the GENIUS
Act’s requirement for state regulated issuers to have a total outstanding issuance not exceeding $10 billion. The bill

15 "Registered public accounting firm" means a public accounting firm registered with the Public Company Accounting

Oversight Board.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
CS/HB 175
provides that unless a federal waiver is granted, a payment stablecoin issuer whose total outstanding payment
stablecoin issuance reaches $10 billion must do one of the following:
 Within 360 days of reaching the threshold, transition to the applicable federal regulatory framework jointly
administered by OFR and the U.S. Office of the Comptroller of the Currency; or
 Stop issuing new payment stablecoins once the threshold is reached until total issuance falls below $10
billion. (Sections 6 and 12).

If a federal waiver is obtained under the GENIUS Act, the issuer remains subject to state regulation, with OFR
retaining sole responsibility for supervision, unless supervision is shared jointly16 with the U.S. Office of the
Comptroller of the Currency. (Sections 6 and 12).

The bill also allows OFR to enter into agreements with the appropriate federal regulator for joint supervision of
qualified payment stablecoin issuers. (Sections 6 and 12).

State certification
Effective upon becoming law, the bill provides that within 20 days after the federal Stablecoin Certification Review
Committee (“Committee”) begins accepting certifications, or within 20 days after the bill becomes a law
(whichever is later), OFR must submit an initial certification to the Committee, as is required by the GENIUS Act in
for the state to regulate payment stablecoin issuers.17 (Section 10)

The initial certification must attest that the state regulatory regime for payment stablecoins is substantially similar
to the requirements of the GENIUS Act. (Section 10)

The bill requires OFR to comply with the requirements of the GENIUS Act and submit annual follow-up
certifications confirming the continued accuracy of the initial submission by the annual deadline set by the U.S.
Secretary of the Treasury. (Sections 10 and 12).

Effective date
Except as otherwise provided, the bill provides an effective date of January 1, 2027. (Section 13).

RULEMAKING:
The bill requires the Commission to adopt rules to administer the payment stablecoin framework. The bill also
requires the Commission to adopt rules relating to capital, liquidity, and risk management which are consistent
with the GENIUS Act. The bill permits the Commission to adopt rules establishing standards for the conduct,
supervision, examination, and regulation of qualified payment stablecoin issuers, including requirements relating
to reserves, customer-asset protection, reporting, and compliance, in order to meet the minimum requirements
established by the Stablecoin Certification Review Committee.

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 state government, to the extent that OFR incurs costs to
promulgate rules and enforce the bill’s provisions.

16 12 U.S.C. 5901.
17 12 U.S.C. 5901.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 175
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector, to the extent that stablecoin issuers incur
costs to comply with the bill’s requirements. The bill may also lead to an expansion of the stablecoin market in
Florida.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Virtual currency
Virtual currency is a digital asset that functions as a medium of exchange but lacks legal tender status.18 In some
environments, virtual currency operates like “real” currency19 (i.e., the coin and paper money of the United States
or of any other country that is designated as legal tender, circulates, and is customarily used and accepted as a
medium of exchange in the country of issuance).20 Virtual currency that has an equivalent value in real currency, or
that acts as a substitute for real currency, is referred to as “convertible” virtual currency. 21

Virtual currencies generally operate on networks of computers (nodes) that enable, validate, and record
transactions on a distributed digital ledger (blockchain).22 To transfer an asset on a blockchain, the transferor uses
an alphanumeric code known only to the transferor (a private key) to create a request that the network software
validate a new ledger entry, which assigns control of the asset to the recipient.23 Once the network has validated
this transfer, the ledger is updated and the recipient may transfer the asset to another recipient using their own
private key.24 Ledger entries are cryptographically secured, and accounts on a blockchain are identified by
alphanumeric ‘‘public keys’’ rather than by personal names.25 Virtual currency wallets are interfaces that store and
transfer virtual currency.26

Stablecoin
Stablecoins are a type of virtual currency designed to maintain a stable value by pegging the value to a national
currency or other assets.27 As of February 2026, the total market cap for stablecoins is approximately $296
billion.28 The top three stablecoins in terms of market cap are Tether (USDT), USDC (USDC), and USDS (USDS).29

The GENIUS Act
On July 18, 2025, the Guiding and Establishing National Innovation for U.S. Stablecoins Act of 2025 (“GENIUS Act”)
was signed into law, establishing the first regulatory framework for payment stablecoin issuers.30

18 S. 560.103(36), F.S.
19 Often referred to as “fiat” currency.
20 IRS, Digital assets, https://www.irs.gov/filing/digital-assets (last visited Feb. 5, 2026).
21 Id.
22 Office of the Federal Register, National Archives and Records Administration, Requirements for Certain Transactions

Involving Convertible Virtual Currency or Digital Assets, GovInfo, (Dec. 23, 2020), https://www.govinfo.gov/app/details/FR-
2020-12-23/2020-28437/summary (last visited Feb. 5, 2026).
23 Id.
24 Id.
25 Id.
26 FinCEN, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies, (May 9,

2019), https://www.fincen.gov/system/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf (last visited Feb.
5, 2026).
27 Congressional Research Service, Stablecoins: Background and Policy Issues, https://www.congress.gov/crs-

product/IF11968. (last visited Feb. 5, 2026).
28 Forbes, Top Stablecoins Coins Today by Market Cap, https://www.forbes.com/digital-assets/categories/stablecoins/ (last

visited Feb. 6, 2026).
29 Id.
30 12. U.S.C. ss. 5901-5916.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 175
The GENIUS Act takes effect on the earlier of January 18, 2027 or 120 days after the specified federal payment
stablecoin regulators issue any final implementing regulations.31

The GENIUS Act defines “payment stablecoin" as a digital asset32 meeting the following requirements:
 Is meant to be used for payments or settling transactions.
 The issuer of which:
o Must be ready to convert or redeem it for a fixed amount of money.33
o Represents, or creates a reasonable expectation that the value of the digital asset will remain stable
against a fixed amount of money.34

Under the GENIUS Act, only permitted payment stablecoin issuers (“PPSIs”) may issue a payment stablecoin in the
United States.35 Beginning July 18, 2028, it will be unlawful for digital asset service providers to offer or sell a
payment stablecoin in the United States, unless the provider is a PPSI or a foreign payment stablecoin issuer
meeting certain conditions.36

The GENIUS Act establishes three types of PPSIs, all of which must be formed in the United States:
 a subsidiary of an insured depository institution;37
 a federal qualified payment stablecoin issuer; or
 a state qualified stablecoin issuer.38

PPSIs must comply with various requirements under the GENIUS Act, such as:
 Maintaining identifiable reserves backing the outstanding payment stablecoins on at least a one- to-one
basis comprising on specified types of reserves, such as U.S. coin and currency.39
 Publishing the monthly composition of the issuer’s reserve on its website, including the average maturity
and custody location of each reserve category.
 Having monthly reserve reports examined by a registered public accounting firm and attested to by the
issuer’s chief executive officer and chief financial officer.40
 Publicly disclosing the issuer’s redemption policy which must establish clear procedures for timely
redemption of payment stablecoins and clearly disclosing all fees41 associated with purchasing or
redeeming payment stablecoins.42
 Not engaging in tying practices that condition access to payment stablecoin services on the purchase of
unrelated products or services, or on agreements not to use competitors’ products, unless authorized by
federal law.

31 S.1582 - 119th Congress (2025-2026): GENIUS Act, S.1582, 119th Cong. (2025), https://www.congress.gov/bill/119th-

congress/senate-bill/1582, (last visited Feb. 5, 2026).
32 The GENIUS Act defines “digital asset” as any digital representation of value that is recorded on a cryptographically secured

distributed ledger.
33 E.g. 1 United States Dollar for 1 stablecoin.
34 12 U.S.C. 5901. A payment stablecoin does not include a national currency, deposits as defined in 12 U.S.C. 1813 or

securities.
35 12 U.S.C. 5902.
36 Id.
37 A “subsidiary” is any company which is owned or controlled directly or indirectly by another company. The term includes

any service corporation owned in whole or in part by an insured depository institution or any subsidiary of such a service
corporation. An “insured depository institution” is any bank or savings association the deposits of which are insured by the
Federal Deposit Insurance Corporation pursuant to this chapter. See 12 U.S.C. 5901 and 12 U.S.C. 1813.
38 The term “state qualified payment stablecoin issuer” means an entity that is legally established under the laws of a state and

approved to issue payment stablecoins by a state payment stablecoin regulator.
39 12 U.S.C. 5903(a)(2) prohibits the required reserves from being pledged, rehypothecated, or reused by the permitted

payment stablecoin issuer except for as provided in the GENIUS Act.
40 12 U.S.C. 5903.
41 Fee changes require at least seven days’ prior notice to consumers.
42 12 U.S.C. 5903.

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CS/HB 175
 Not using deceptive names or marketing that imply association with or endorsement by the U.S.
Government.
 Not paying interest or other yield solely for holding or using a payment stablecoin.43

The GENIUS Act creates a tiered oversight model between federal and state authorities. The GENIUS Act permits
states to regulate certain payment stablecoin issuers44 if:
 The state has a regulatory regime that is substantially similar to the federal regime.
 The state stablecoin regulation submits a certification to the Stablecoin Certification Review Committee
(“Committee”) attesting that the state-level regulatory regime meets the criteria for substantial similarity.
o The Committee is comprised of the Secretary of the Treasury, who serves as the Chair, as well as
the Chair of the Board of Governors of the Federal Reserve System and the Chair of the Federal
Deposit Insurance Corporation.
o The GENIUS Act requires the Committee to approve or deny a state certification within 30 days
after receipt. If the Committee denies the certification, the denial must contain detailed information
describing the reasons for the denial. If denied, a state is permitted to resubmit the certification
after making any necessary changes.
 The state submits additional certifications to the Committee confirming the accuracy of the initial
certification.45

A state issuer that has consolidated total outstanding issuance of less than $10 billion may choose to be regulated
under a state-level regulatory regime. A state issuer that reaches the $10 billion threshold must either comply with
a specified transition to the federal regulatory framework or cease issuing new payment stablecoins until the
consolidated total outstanding issuance is below $10 billion.

The federal regulator may issue a waiver to allow a state issuer who exceeds the $10 billion threshold to remain
supervised solely by the state regulator. If a state complies with certain requirements, such as establishing a
regulatory regime for the supervision of digital assets or payment stablecoins before the 90-day period ending on
the date of the enactment of the Act, then the state issuer is presumptively approved for a waiver.46

The GENIUS Act requires designated federal regulators47 to implement rules and regulations for implementing the
GENIUS Act, including rules establishing principles for determining whether a state-level regulatory regime is
substantially similar to the federal regulatory framework.48 As of February 2026, said rules and regulations have
not been implemented.

State law
The Financial Services Commission (“Commission”) is an executive agency within the Department of Financial
Services and is composed of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner
of Agriculture.49 The OFR is responsible for all activities of the Financial Services Commission relating to the
regulation of banks, credit unions, other financial institutions, finance companies, and the securities industry.50

43 Id.
44 The GENIUS Act provides that a state qualified payment stablecoin issuer means an entity that (A) is legally established

under the laws of a State and approved to issue payment stablecoins by a state payment stablecoin regulator; and (B) is not an
uninsured national bank chartered by the Comptroller pursuant to title LXII of the Revised Statutes, a Federal branch, an
insured depository institution, or a subsidiary of such national bank, Federal branch, or insured depository institution. 12
U.S.C. 5901.
45 12 U.S.C. 5901.
46 12 U.S.C. 5903(d).
47 The federal regulators include the U.S. Treasury, the Board of Governors of the Federal Reserve System, the Federal Deposit

Insurance Corporation, the National Credit Union Administration, and the Office of the Comptroller of the Currency.
48 12 U.S.C. 5903.
49 S. 20.121(3), F.S.
50 S. 20.121(3)(a)2., F.S.

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The Division of Consumer Finance within OFR licenses and regulates various aspects of the non-depository
financial services industries, including money services businesses.51

The Bureau of Bank Regulation, which is within OFR’s Division of Financial Institutions, examines and regulates
state-chartered commercial banks, as well as trust companies, trust departments, and international bank offices.52
Florida has dual oversight of the banking system, such that financial institutions are regulated by both state and
federal agencies.53

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.”54 Money services businesses must be licensed with OFR.55

Trust companies
In Florida, the Florida Financial Institutions Codes govern all state-authorized and state-chartered banks, trust
companies, and related entities.56 A trust company is a financial institution other than a bank or state or federal
association, that is authorized by lawful authority to act as a fiduciary.57 To create a trust company, persons must
apply for and obtain approval from OFR.58

51 Office of Financial Regulation, Division of Consumer Finance, Division of Consumer Finance (last visited Feb. 5, 2026).

Division of Financial Institutions (last visited Feb. 5,
52 Office of Financial Regulation, Division of Financial Institutions,

2026).
53 Id.
54 S. 560.103(23), F.S.
55 S. 560.125, F.S.
56 Section 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.
57 S. 658.12, F.S.
58 S. 658.19, F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 2/11/2026 Brackett Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE  Created a regulatory framework for payment stablecoin issuers.
COMMITTEE:  Expanded the definition of money services businesses to include
payment stablecoin issuers, thereby subjecting such issuers to existing
regulatory and enforcement provisions for money services businesses.
 Required payment stablecoin issuers to obtain a registration from OFR.
 Exempted licensed money services businesses and trust companies
with a total outstanding issuance of less than $10 billion from
registering as a payment stablecoin issuer.
 Created requirements for payment stablecoin issuers relating to
reserve assets, redemption policies, public disclosures, and reporting.
 Required payment stablecoin issuers who exceed $10 billion in total
outstanding issuance to transition to federal regulation.
 Prohibited conduct such as tying arrangements, deceptive names, and
paying interest or yield solely in connection with stablecoins.
 Required OFR to submit a certification to the federal Stablecoin
Certification Review Committee within a specified timeframe.
 Required the Commission to adopt rules to administer the payment
stablecoin framework.
 Required the Commission to adopt rules relating to capital, liquidity,
and risk management which are consistent with the GENIUS Act.
 Permitted the Commission to adopt rules establishing standards for the
conduct, supervision, examination, and regulation of qualified payment
stablecoin issuers.
Commerce Committee Hamon Highsmith

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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CS/HB 175 2026

1 A bill to be entitled
2 An act relating to payment stablecoin; amending s.
3 560.103, F.S.; revising the definition of the term
4 "money services business"; defining terms; amending s.
5 560.114, F.S.; revising the actions by a money
6 services business which constitute grounds for
7 disciplinary actions; amending s. 560.123, F.S.;
8 revising the Florida Control of Money Laundering in
9 Money Services Business Act to include payment
10 stablecoins; requiring certain payment stablecoin
11 issuers to comply with certain regulations; amending
12 s. 560.125, F.S.; revising the prohibition regarding
13 the business of money services businesses or deferred
14 presentment providers; revising the circumstances
15 relating to violations of certain provisions; creating
16 part V of ch. 560, F.S., entitled "Payment Stablecoin
17 Issuers"; creating s. 560.501, F.S.; prohibiting
18 persons from engaging in the activity of a qualified
19 payment stablecoin issuer without registering and
20 receiving a specified notification; providing that
21 certain money services businesses are exempt from
22 registration requirements; specifying that certain
23 payment stablecoins are not a security and are not
24 subject to certain requirements; specifying that
25 certain transactions are not regulated under certain

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26 provisions; requiring qualified payment stablecoin
27 issuers with consolidated total outstanding payment
28 stablecoin issuance that reaches a specified threshold
29 to comply with certain requirements; specifying that
30 qualified payment stablecoin issuers are subject to
31 certain provisions under certain circumstances;
32 specifying that the Office of Financial Regulation
33 remains solely responsible for supervising qualified
34 payment stablecoin issuers or is jointly responsible
35 with the Office of the Comptroller of the Currency for
36 such supervision under certain circumstances; creating
37 s. 560.502, F.S.; requiring applicants seeking to be
38 qualified payment stablecoin issuers to submit a
39 specified application to the office; requiring
40 applicants to resolve deficiencies found in their
41 applications within a certain timeframe; requiring
42 registrants to report changes in their information
43 within a specified timeframe; requiring registrants to
44 renew registration annually; requiring registrants to
45 renew registration in a specified manner; specifying
46 that the renewal registration becomes effective on a
47 certain date; requiring the office to approve renewal
48 registration within a specified timeframe; specifying
49 that failure to submit an application within a
50 specified timeframe results in the registration

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51 becoming expired; requiring a qualified payment
52 stablecoin issuer with an expired registration to
53 submit a new application to the office; providing that
54 the office must issue a certification of registration
55 before the qualified payment stablecoin issuer may
56 conduct business in this state; authorizing the office
57 to deny the prospective registrant's initial
58 registration and registrant's renewal application
59 under certain circumstances; requiring the office to
60 deny the application of qualified payment stablecoin
61 issuers under certain circumstances; specifying that
62 any false statement in the application renders the
63 registration void; providing construction; prohibiting
64 registration and registration renewal fees; creating
65 s. 560.503, F.S.; specifying that qualified payment
66 stablecoin issuers may engage only in certain
67 activities; creating s. 560.504, F.S.; requiring
68 qualified payment stablecoin issuers to comply with
69 certain requirements; prohibiting qualified payment
70 stablecoin issuers from engaging in certain conduct;
71 creating s. 560.505, F.S.; requiring the office to
72 submit initial and additional certifications to a
73 specified committee under certain circumstances;
74 requiring the office to comply with certain
75 requirements; creating s. 560.506, F.S.; requiring and

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76 authorizing the Financial Services Commission to adopt
77 specified rules; creating s. 658.997, F.S.; defining
78 terms; specifying that certain trust companies are
79 exempt from registration as qualified payment
80 stablecoin issuers but are subject to certain
81 provisions; specifying that certain payment
82 stablecoins are not securities and are not subject to
83 certain requirements; specifying that certain
84 transactions are not regulated by certain provisions;
85 requiring qualified payment stablecoin issuers with
86 consolidated total outstanding payment stablecoin
87 issuance that reaches a specified threshold to comply
88 with certain requirements; specifying that qualified
89 payment stablecoin issuers remain subject to certain
90 provisions under certain circumstances; authorizing
91 the office to enter into an agreement with specified
92 regulators for joint supervision of qualified payment
93 stablecoin issuers; specifying that the office remains
94 solely responsible for supervising qualified payment
95 stablecoin issuers or is jointly responsible with the
96 Office of the Comptroller of the Currency for such
97 supervision under certain circumstances; specifying
98 that qualified payment stablecoin issuers may engage
99 only in certain activities; requiring qualified
100 payment stablecoin issuers to comply with certain

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101 requirements; defining the term "registered public
102 accounting firm"; prohibiting qualified payment
103 stablecoin issuers from engaging in certain conduct;
104 requiring that the office's initial certification and
105 annual recertification include certain information;
106 providing for certain rule adoption by the commission;
107 providing effective dates.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Present subsections (33), (34), and (35) and
112 (36) through (39) of section 560.103, Florida Statutes, as
113 amended by chapter 2025-100, Laws of Florida, are redesignated
114 as subsections (34), (35), and (36) and (38) through (41),
115 respectively, new subsections (33) and (37) are added to that
116 section, and subsection (25) of that section is amended, to
117 read:
118 560.103 Definitions.—As used in this chapter, the term:
119 (25) "Money services business" means any person located in
120 or doing business in this state, from this state, or into this
121 state from locations outside this state or country who acts as a
122 payment instrument seller, foreign currency exchanger, check
123 casher, or money transmitter, or qualified payment stablecoin
124 issuer.
125 (33)(a) "Payment stablecoin" means a digital asset that

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126 is, or is designed to be, used as a means of payment or
127 settlement, and the issuer of which:
128 1. Is obligated to convert, redeem, or repurchase the
129 digital asset for a fixed amount of monetary value, not
130 including a digital asset denominated in a fixed amount of
131 monetary value.
132 2. Represents that such issuer will maintain, or create
133 the reasonable expectation that it will maintain, a stable value
134 relative to the value of a fixed amount of monetary value.
135 (b) The term does not include a digital asset that is any
136 of the following:
137 1. A national currency. For purposes of this subparagraph,
138 the term "national currency" means each of the following:
139 a. A Federal Reserve note as the term is used in the first
140 undesignated paragraph of s. 16 of the Federal Reserve Act, 12
141 U.S.C. s. 411.
142 b. Money standing to the credit of an account with a
143 Federal Reserve Bank.
144 c. Money issued by a foreign central bank.
145 d. Money issued by an intergovernmental organization
146 pursuant to an agreement by two or more governments.
147 2. A deposit as defined in s. 3 of the Federal Deposit
148 Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
149 using distributed ledger technology. For purposes of this
150 subparagraph, the term "distributed ledger" means technology in

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151 which data is shared across a network that creates a public
152 digital ledger of verified transactions or information among
153 network participants and cryptography is used to link the data
154 to maintain the integrity of the public ledger and execute other
155 functions.
156 3. A security, as defined in s. 517.021; s. 2 of the
157 Securities Act of 1933, 15 U.S.C. s. 77b; s. 3 of the Securities
158 and Exchange Act of 1934, 15 U.S.C. s. 78c; or s. 2 of the
159 Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
160 (c) As used in this subsection, the term "digital asset"
161 means any digital representation of value that is recorded on a
162 cryptographically secured digital ledger.
163 (37) "Qualified payment stablecoin issuer" means an entity
164 legally established under the laws of a state and registered
165 with the office to issue payment stablecoins.
166 Section 2. Paragraph (w) of subsection (1) of section
167 560.114, Florida Statutes, is amended to read:
168 560.114 Disciplinary actions; penalties.—
169 (1) The following actions by a money services business,
170 authorized vendor, or affiliated party constitute grounds for
171 the issuance of a cease and desist order; the issuance of a
172 removal order; the denial, suspension, or revocation of a
173 license; or taking any other action within the authority of the
174 office pursuant to this chapter:
175 (w) Engaging or advertising engagement in the business of

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176 a money services business or deferred presentment provider
177 without a license or registration, unless exempted from
178 licensure or registration.
179 Section 3. Present subsection (9) of section 560.123,
180 Florida Statutes, is redesignated as subsection (10), a new
181 subsection (9) is added to that section, and subsections (2),
182 (3), and (8) of that section are amended, to read:
183 560.123 Florida Control of Money Laundering in Money
184 Services Business Act.—
185 (2) The purpose of this section is to require the
186 maintenance of certain records of transactions involving
187 currency, monetary value, payment instruments, or virtual
188 currency, or payment stablecoins in order to deter the use of a
189 money services business to conceal proceeds from criminal
190 activity and to ensure the availability of such records for
191 criminal, tax, or regulatory investigations or proceedings.
192 (3) A money services business shall keep a record, as
193 prescribed by the commission, of each financial transaction
194 occurring in this state which it knows to involve currency,
195 monetary value, a payment instrument, or virtual currency, or a
196 payment stablecoin having a value greater than $10,000; to
197 involve the proceeds of specified unlawful activity; or to be
198 designed to evade the reporting requirements of this section or
199 chapter 896. The money services business must maintain
200 appropriate procedures to ensure compliance with this section

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201 and chapter 896.
202 (a) Multiple financial transactions shall be treated as a
203 single transaction if the money services business has knowledge
204 that they are made by or on behalf of any one person and result
205 in value in or value out totaling a value of more than $10,000
206 during any day.
207 (b) A money services business may keep a record of any
208 financial transaction occurring in this state, regardless of the
209 value, if it suspects that the transaction involves the proceeds
210 of unlawful activity.
211 (c) The money services business must file a report with
212 the office of any records required by this subsection, at such
213 time and containing such information as required by rule. The
214 timely filing of the report required by 31 U.S.C. s. 5313 with
215 the appropriate federal agency shall be deemed compliance with
216 the reporting requirements of this subsection unless the reports
217 are not regularly and comprehensively transmitted by the federal
218 agency to the office.
219 (d) A money services business, or control person,
220 employee, or agent thereof, that files a report in good faith
221 pursuant to this section is not liable to any person for loss or
222 damage caused in whole or in part by the making, filing, or
223 governmental use of the report, or any information contained
224 therein.
225 (8)(a) Except as provided in paragraph (b), a person who

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226 willfully violates any provision of this section commits a
227 misdemeanor of the first degree, punishable as provided in s.
228 775.082 or s. 775.083.
229 (b) A person who willfully violates any provision of this
230 section, if the violation involves:
231 1. Currency, monetary value, payment instruments, or
232 virtual currency, or payment stablecoins of a value exceeding
233 $300 but less than $20,000 in any 12-month period, commits a
234 felony of the third degree, punishable as provided in s.
235 775.082, s. 775.083, or s. 775.084.
236 2. Currency, monetary value, payment instruments, or
237 virtual currency, or payment stablecoins of a value totaling or
238 exceeding $20,000 but less than $100,000 in any 12-month period,
239 commits a felony of the second degree, punishable as provided in
240 s. 775.082, s. 775.083, or s. 775.084.
241 3. Currency, monetary value, payment instruments, or
242 virtual currency, or payment stablecoins of a value totaling or
243 exceeding $100,000 in any 12-month period, commits a felony of
244 the first degree, punishable as provided in s. 775.082, s.
245 775.083, or s. 775.084.
246 (c) In addition to the penalties authorized by s. 775.082,
247 s. 775.083, or s. 775.084, a person who has been convicted of,
248 or entered a plea of guilty or nolo contendere, regardless of
249 adjudication, to having violated paragraph (b) may be sentenced
250 to pay a fine of up to the greater of $250,000 or twice the

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251 value of the currency, monetary value, payment instruments, or
252 virtual currency, or payment stablecoins, except that on a
253 second or subsequent conviction for or plea of guilty or nolo
254 contendere, regardless of adjudication, to a violation of
255 paragraph (b), the fine may be up to the greater of $500,000 or
256 quintuple the value of the currency, monetary value, payment
257 instruments, or virtual currency, or payment stablecoins.
258 (d) A person who violates this section is also liable for
259 a civil penalty of up to the greater of the value of the
260 currency, monetary value, payment instruments, or virtual
261 currency, or payment stablecoins involved or $25,000.
262 (9) A state qualified payment stablecoin issuer must
263 comply with any anti-money laundering regulation provided in the
264 GENIUS Act under Pub. L. No. 119-27, which includes, but is not
265 limited to, provisions relating to economic sanctions,
266 prevention of money laundering, customer identification, and due
267 diligence in the Bank Secrecy Act; s. 21 of the Federal Deposit
268 Insurance Act, 12 U.S.C. s. 1813; chapter 2 of Title I of Pub.
269 L. No. 91-508; and subchapter II of chapter 53 of Title 31,
270 United States Code.
271 Section 4. Subsection (1), paragraph (a) of subsection
272 (5), and subsection (6) of section 560.125, Florida Statutes,
273 are amended to read:
274 560.125 Unlicensed activity; penalties.—
275 (1) A person may not engage in the business of a money

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276 services business or deferred presentment provider in this state
277 unless the person is licensed, registered, or exempted from
278 licensure or registration under this chapter. A deferred
279 presentment transaction conducted by a person not authorized to
280 conduct such transaction under this chapter is void, and the
281 unauthorized person has no right to collect, receive, or retain
282 any principal, interest, or charges relating to such
283 transaction.
284 (5) A person who violates this section, if the violation
285 involves:
286 (a) Currency, monetary value, payment instruments, or
287 virtual currency, or payment stablecoins of a value exceeding
288 $300 but less than $20,000 in any 12-month period, commits a
289 felony of the third degree, punishable as provided in s.
290 775.082, s. 775.083, or s. 775.084.
291 (6) In addition to the penalties authorized by s. 775.082,
292 s. 775.083, or s. 775.084, a person who has been convicted of,
293 or entered a plea of guilty or nolo contendere to, having
294 violated this section may be sentenced to pay a fine of up to
295 the greater of $250,000 or twice the value of the currency,
296 monetary value, payment instruments, or virtual currency, or
297 payment stablecoins, except that on a second or subsequent
298 violation of this section the fine may be up to the greater of
299 $500,000 or quintuple the value of the currency, monetary value,
300 payment instruments, or virtual currency, or payment

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301 stablecoins.
302 Section 5. Part V of chapter 560, Florida Statutes,
303 consisting of ss. 560.501-560.506, Florida Statutes, is created
304 and entitled "Payment Stablecoin Issuers."
305 Section 6. Section 560.501, Florida Statutes, is created
306 to read:
307 560.501 Registration required; exemptions; transition to
308 federal oversight.—
309 (1) REGISTRATION REQUIREMENT.—Unless exempted, a person
310 may not engage in the activity of a qualified payment stablecoin
311 issuer as authorized in s. 560.503 in this state without first
312 registering, or renewing registration, with the office in
313 accordance with s. 560.502 and receiving notification from the
314 office that such person is approved as a qualified payment
315 stablecoin issuer. The office shall give written notice to such
316 person that the agency has approved or denied the application
317 for registration.
318 (2) EXEMPTIONS.—
319 (a) A payment instrument seller, foreign currency
320 exchanger, check casher, or money transmitter that is licensed
321 as a money services business pursuant to s. 560.141 and issues
322 payment stablecoins with a consolidated total outstanding
323 issuance of $10 billion or less is exempt from registration as a
324 qualified payment stablecoin issuer but is subject to ss.
325 560.503 and 560.504.

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326 (b) A payment stablecoin that meets the requirements of
327 this part is not a security and is not subject to the
328 requirements of chapter 517.
329 (c) The following transactions are not regulated under
330 this part:
331 1. The direct transfer of payment stablecoin between two
332 individuals acting on their own behalf and for their own lawful
333 purposes, without the involvement of an intermediary.
334 2. Any transaction involving the receipt of payment
335 stablecoins by an individual between an account owned by the
336 individual in the United States and an account owned by the
337 individual abroad which are offered by the same parent company.
338 3. Any transaction by means of a software or hardware
339 wallet that facilitates an individual's own custody of payment
340 stablecoins.
341 (3) TRANSITION TO FEDERAL OVERSIGHT.—
342 (a) Unless a federal waiver is obtained, a qualified
343 payment stablecoin issuer with a consolidated total outstanding
344 payment stablecoin issuance that reaches the $10 billion
345 threshold must comply with one of the following requirements:
346 1. Not later than 360 days after the payment stablecoin
347 issuance reaches such threshold, transition to the applicable
348 federal regulatory framework administered jointly by the office
349 and the Office of the Comptroller of the Currency; or
350 2. Beginning on the date the payment stablecoin issuance

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351 reaches such threshold, cease issuing new payment stablecoins
352 until the payment stablecoin falls below the $10 billion
353 consolidated total outstanding issuance threshold.
354 (b) A qualified payment stablecoin issuer remains subject
355 to this part if a federal waiver of the transition requirements
356 in paragraph (a) is obtained pursuant to the GENIUS Act, Pub. L.
357 No. 119-27, and the office remains solely responsible for
358 supervising the qualified payment stablecoin issuer, or if the
359 office is jointly responsible with the Office of the Comptroller
360 of the Currency to supervise the qualified payment stablecoin
361 issuer pursuant to subparagraph (a)1. The office may enter into
362 an agreement with the relevant primary federal payment
363 stablecoin regulator for the joint supervision of any qualified
364 payment stablecoin issuer.
365 Section 7. Section 560.502, Florida Statutes, is created
366 to read:
367 560.502 Registration applications.—
368 (1) To apply to be a qualified payment stablecoin issuer
369 under this part, the applicant must submit a completed
370 registration application on forms prescribed by rule of the
371 commission. The application must include the following
372 information:
373 (a) The legal name of the applicant, including any
374 fictitious or trade names used by the applicant in the conduct
375 of its business, and the physical and mailing addresses of the

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376 applicant.
377 (b) The date of the applicant's formation and the state in
378 which the applicant was formed, if applicable.
379 (c) The name, social security number, alien identification
380 number or taxpayer identification number, business and residence
381 addresses, and employment history for the past 5 years for each
382 control person.
383 (d) A description of the organizational structure of the
384 applicant, including the identity of any parent or subsidiary of
385 the applicant, and a disclosure of whether any parent or
386 subsidiary is publicly traded.
387 (e) The name and mailing address of the registered agent
388 in this state for service of process.
389 (f) An attestation that the applicant has developed
390 clearly documented policies, processes, and procedures regarding
391 the use of blockchain analytics to prevent transfers to wallet
392 addresses linked to known criminal activity, including the
393 manner in which such blockchain analytics activity will
394 integrate into its compliance controls, and that the applicant
395 will maintain and comply with such blockchain analytics
396 policies, processes, and procedures.
397 (g) Any other information as required by this chapter or
398 commission rule.
399 (2) Any information needed to resolve deficiencies found
400 in the application must be provided within a time period

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401 prescribed by rule of the commission.
402 (3) A registrant shall report, on a form prescribed by
403 rule of the commission, any change in the information contained
404 in an initial application form or an amendment thereto within 30
405 days after the change is effective.
406 (4) A registrant must renew its registration annually on
407 or before December 31 of the year preceding the expiration date
408 of the registration. To renew such registration, the registrant
409 must submit a renewal application that provides the information
410 required in subsection (1) if there are changes in the
411 application information, or an affidavit signed by the
412 registrant that the information remains the same as the prior
413 year's information.
414 (5) Any renewal registration made pursuant to this section
415 becomes effective upon the date the office approves the
416 application for registration. The office shall approve the
417 renewal registration within a timeframe prescribed by rule.
418 (6) Failure to submit an application to renew a qualified
419 payment stablecoin issuer's registration within 60 days after
420 the registration becomes inactive will result in the
421 registration becoming expired. If the registration is expired, a
422 new application to register the qualified payment stablecoin
423 issuer pursuant to subsection (1) must be submitted to the
424 office, and a new registration must be issued by the office
425 before the qualified payment stablecoin issuer may conduct

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426 business in this state.
427 (7) If a control person of a registrant or prospective
428 registrant has engaged in any unlawful business practice, or has
429 been convicted or found guilty of, or pled guilty or nolo
430 contendere to, regardless of adjudication, a crime involving
431 dishonest dealing, fraud, acts of moral turpitude, or other acts
432 that reflect an inability to engage lawfully in the business of
433 a registered qualified payment stablecoin issuer, the office may
434 deny the prospective registrant's initial registration
435 application or the registrant's renewal application.
436 (8) The office shall deny the application of a qualified
437 payment stablecoin issuer that submits a renewal application
438 that fails to comply with subsection (1).
439 (9) Any false statement made by a qualified payment
440 stablecoin issuer in an application for registration under this
441 section renders the registration void. A void registration may
442 not be construed as creating a defense to any prosecution for
443 violation of this chapter.
444 (10) The office may not charge any registration or
445 registration renewal fees and also may not charge any
446 application fees to register or renew a registration.
447 Section 8. Section 560.503, Florida Statutes, is created
448 to read:
449 560.503 Limitation on payment stablecoin activities.—
450 Unless licensed under this chapter or chapter 655 to conduct

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451 other financial business activities, a qualified payment
452 stablecoin issuer may engage only in the following activities:
453 (1) Issue payment stablecoins.
454 (2) Redeem payment stablecoins.
455 (3) Manage related reserves, including purchasing,
456 selling, and holding reserve assets or providing custodial
457 services for reserve assets, consistent with federal law and the
458 laws of this state.
459 (4) Undertake other activities that directly support any
460 of the activities described in this section.
461 Section 9. Section 560.504, Florida Statutes, is created
462 to read:
463 560.504 Minimum prudential requirements.—
464 (1) In accordance with the GENIUS Act, Pub. L. No. 119-27,
465 a qualified payment stablecoin issuer must comply with all of
466 the following requirements:
467 (a) Maintain identifiable reserves backing the outstanding
468 payment stablecoins of the qualified payment stablecoin issuer
469 on at least a one-to-one basis, with reserves consisting of any
470 of the following:
471 1. United States coin or currency or money standing to the
472 credit of an account with a Federal Reserve Bank.
473 2. Funds held as demand deposits or insured shares at an
474 insured depository institution, subject to limitations
475 established by the Federal Deposit Insurance Corporation and the

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476 National Credit Union Administration.
477 3. United States Treasury bills, notes, or bonds with a
478 remaining maturity or issued with a maturity of 93 days or less.
479 4. Money received under repurchase agreements, with the
480 qualified payment stablecoin issuer acting as a seller of
481 securities and with an overnight maturity, which are backed by
482 United States Treasury bills with a maturity of 93 days or less.
483 5. Reverse purchase agreements, with the qualified payment
484 stablecoin issuer acting as a purchaser of securities and with
485 an overnight maturity, which are collateralized by United States
486 Treasury bills, notes, or bonds on an overnight basis, subject
487 to overcollateralization in line with standard market terms that
488 meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
489 6. Securities that are issued by an investment company
490 registered under s. 8(a) of the Investment Company Act of 1940,
491 15 U.S.C. s. 80a-8(a), or other registered government money
492 market fund, and that are invested solely in underlying assets
493 described in subparagraphs 1.-5.
494 7. Any other similarly liquid Federal Government-issued
495 asset approved by the primary federal payment stablecoin
496 regulator, in consultation with the office.
497 8. Any reserve described in subparagraphs 1.-3. or
498 subparagraph 6. or subparagraph 7. in tokenized form, provided
499 that such reserves comply with all applicable laws and
500 regulations.

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501 (b) Publicly disclose the issuer's redemption policy,
502 which must comply with all of the following requirements:
503 1. Establish clear and conspicuous procedures for timely
504 redemption of outstanding payment stablecoins.
505 2. Publicly, clearly, and conspicuously disclose in plain
506 language all fees associated with purchasing or redeeming the
507 payment stablecoins, provided that such fees can be changed only
508 upon not less than 7 days' prior notice to consumers.
509 (c) Publish on the issuer's website a monthly reserve
510 composition of the issuer's reserve which must contain all of
511 the following information:
512 1. The total number of outstanding payment stablecoins
513 issued by the issuer.
514 2. The amount and composition of the reserves described in
515 paragraph (a), including the average tenor and geographic
516 location of custody of each category of reserve instruments.
517 (d) Comply with all federal prohibitions on pledging,
518 rehypothecating, or reusing reserve assets, either directly or
519 indirectly, except for any of the following purposes:
520 1. Satisfying margin obligations in connection with
521 investments in permitted reserves under subparagraph (a)4. or
522 subparagraph (a)5.
523 2. Satisfying obligations associated with the use,
524 receipt, or provision of standard custodial services.
525 3. Creating liquidity to meet reasonable expectations of

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526 requests to redeem payment stablecoins, such that reserves in
527 the form of United States Treasury bills may be sold as
528 purchased securities for repurchase agreements with a maturity
529 of 93 days or less, provided that either:
530 a. The repurchase agreements are cleared by a clearing
531 agency registered with the Securities and Exchange Commission;
532 or
533 b. The qualified payment stablecoin issuer receives prior
534 approval from the office.
535 (e) Engage a registered public accounting firm to conduct
536 a monthly examination of the previous month-end reserve report.
537 For purposes of this paragraph, the term "registered public
538 accounting firm" means a public accounting firm registered with
539 the Public Company Accounting Oversight Board.
540 (f) Submit to the office each month a certification as to
541 the accuracy of the month-end reserve report by the qualified
542 payment stablecoin issuer's chief executive officer and chief
543 financial officer.
544 (g) Comply with any federal regulations or state rules
545 prescribed by commission rule relating to capital, liquidity,
546 and risk management requirements.
547 (h) Engage only custodians or safekeepers that comply with
548 s. 10 of the GENIUS Act, Pub. L. No. 119-27.
549 (i) Comply with any other federal requirements of s. 4(a)
550 of the GENIUS Act, Pub. L. No. 119-27, and any implementing

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551 federal regulations.
552 (2) A qualified payment stablecoin issuer may not engage
553 in any of the following conduct:
554 (a) Except as may be authorized under federal law, tying
555 arrangements that condition access to stablecoin services on the
556 purchase of unrelated products or services from such qualified
557 payment stablecoin issuer or an agreement not to obtain products
558 or services from a competitor.
559 (b) Using deceptive names, which includes, but is not
560 limited to, any of the following:
561 1. Using any combination of terms relating to the United
562 States Government, except abbreviations directly related to the
563 currency to which a payment stablecoin is pegged, such as "USD."
564 2. Marketing a payment stablecoin in such a way that a
565 reasonable person would perceive the payment stablecoin to be
566 legal tender, as described in 31 U.S.C. s. 5103, issued by the
567 United States, or guaranteed or approved by the United States
568 Government.
569 (c) Unless authorized by federal law, paying the holder of
570 any payment stablecoin any form of interest or yield solely in
571 connection with holding, use, or retention of such payment
572 stablecoin.
573 Section 10. Effective upon becoming a law, section
574 560.505, Florida Statutes, is created to read:
575 560.505 State certification.—

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576 (1) No later than 20 days after the federal Stablecoin
577 Certification Review Committee begins accepting certifications
578 or no later than 20 days after this act becomes a law, whichever
579 is later, the office must submit an initial certification to
580 such committee on a form prescribed by the committee attesting
581 that the state regulatory regime meets the criteria for
582 substantial similarity established pursuant to the GENIUS Act.
583 (2) No later than the date to be determined by the United
584 States Secretary of the Treasury each year, the office must
585 submit to the Stablecoin Certification Review Committee an
586 additional certification that confirms the accuracy of the
587 initial certification submitted.
588 (3) The office must comply with the requirements of s.
589 4(c)(4) of the GENIUS Act to ensure the state receives
590 certification and annual recertification by the Stablecoin
591 Certification Review Committee of the state regulatory regime.
592 Section 11. Section 560.506, Florida Statutes, is created
593 to read:
594 560.506 Rulemaking authority.—The commission shall adopt
595 rules to administer this part as required in s. 13 of the GENIUS
596 Act, Pub. L. No. 119-27. The commission shall also adopt rules
597 relating to capital, liquidity, and risk management which are
598 consistent with s. 4(a)(4) of the GENIUS Act, Pub. L. No. 119-
599 27. The commission may adopt rules establishing standards for
600 the conduct, supervision, examination, and regulation of

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601 qualified payment stablecoin issuers, including requirements
602 relating to reserves, customer-asset protection, reporting, and
603 compliance, in order to meet the minimum requirements
604 established by the Stablecoin Certification Review Committee.
605 Section 12. Section 658.997, Florida Statutes, is created
606 to read:
607 658.997 Qualified payment stablecoin issuers.—
608 (1) DEFINITIONS.—As used in this section, the term:
609 (a) "Payment stablecoin" has the same meaning as in s.
610 560.103.
611 (b) "Qualified payment stablecoin issuer" has the same
612 meaning as in s. 560.103. The term does not include an insured
613 depository institution, an uninsured national bank, a federal
614 branch of a foreign bank, or a subsidiary of such entities. For
615 purposes of this paragraph, the term:
616 1. "Federal branch of a foreign bank" means a branch of a
617 foreign bank established and operating under 12 U.S.C. s. 3102.
618 2. "Insured depository institution" means:
619 a. A bank or savings association the deposits of which are
620 insured by the Federal Deposit Insurance Corporation; or
621 b. A credit union insured by the National Credit Union
622 Administration Board.
623 3. "Subsidiary" means a company that is owned or
624 controlled directly or indirectly by another company and
625 includes any service corporation owned in whole or in part by an

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626 insured depository institution or any subsidiary of such a
627 service corporation.
628 (2) EXEMPTIONS.—
629 (a) A trust company that is organized pursuant to this
630 section and issues payment stablecoins with a consolidated total
631 outstanding issuance of $10 billion or less is exempt from
632 registration as a qualified payment stablecoin issuer but is
633 subject to the provisions of this section.
634 (b) A payment stablecoin that meets the requirements of
635 this part is not a security and is not subject to the
636 requirements of chapter 517.
637 (c) The following transactions are not regulated under
638 this part:
639 1. The direct transfer of payment stablecoin between two
640 individuals acting on their own behalf and for their own lawful
641 purposes, without the involvement of an intermediary.
642 2. Any transaction involving the receipt of payment
643 stablecoin by an individual between an account owned by the
644 individual in the United States and an account owned by the
645 individual abroad which are offered by the same parent company.
646 3. Any transaction by means of a software or hardware
647 wallet that facilitates an individual's own custody of payment
648 stablecoin.
649 (3) TRANSITION TO FEDERAL OVERSIGHT.—
650 (a) Unless a federal waiver is obtained, a qualified

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651 payment stablecoin issuer with a consolidated total outstanding
652 payment stablecoin issuance that reaches the $10 billion
653 threshold must comply with one of the following requirements:
654 1. Not later than 360 days after the payment stablecoin
655 issuance reaches such threshold, transition to the applicable
656 federal regulatory framework administered jointly by the office
657 and the Office of the Comptroller of the Currency; or
658 2. Beginning on the date the payment stablecoin issuance
659 reaches such threshold, cease issuing new payment stablecoins
660 until the payment stablecoin falls below the $10 billion
661 consolidated total outstanding issuance threshold.
662 (b) A qualified payment stablecoin issuer remains subject
663 to this part if a federal waiver of the transition requirements
664 in paragraph (a) is obtained pursuant to the GENIUS Act, Pub. L.
665 No. 119-27, and the office remains solely responsible for
666 supervising the qualified payment stablecoin issuer, or if the
667 office is jointly responsible with the Office of the Comptroller
668 of the Currency to supervise the qualified payment stablecoin
669 issuer pursuant to subparagraph (a)1. The office may enter into
670 an agreement with the relevant primary federal payment
671 stablecoin regulator for the joint supervision of any qualified
672 payment stablecoin issuer.
673 (4) LIMITATION ON PAYMENT STABLECOIN ACTIVITIES.—Unless
674 licensed under chapter 560 or chapter 655 to conduct other
675 financial business activities, a qualified payment stablecoin

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676 issuer may engage only in the following activities:
677 (a) Issue payment stablecoins.
678 (b) Redeem payment stablecoins.
679 (c) Manage related reserves, including purchasing,
680 selling, and holding reserve assets or providing custodial
681 services for reserve assets, consistent with federal law and the
682 laws of this state.
683 (d) Undertake other activities that directly support any
684 of the activities described in this section.
685 (5) MINIMUM PRUDENTIAL REQUIREMENTS.—
686 (a) In accordance with the GENIUS Act, Pub. L. No. 119-27,
687 a qualified payment stablecoin issuer must comply with all of
688 the following requirements:
689 1. Maintain identifiable reserves backing the outstanding
690 payment stablecoins of the qualified payment stablecoin issuer
691 on at least a one-to-one basis, with reserves consisting of any
692 of the following:
693 a. United States coin or currency or money standing to the
694 credit of an account with a Federal Reserve Bank.
695 b. Funds held as demand deposits or insured shares at an
696 insured depository institution, subject to limitations
697 established by the Federal Deposit Insurance Corporation and the
698 National Credit Union Administration.
699 c. United States Treasury bills, notes, or bonds with a
700 remaining maturity or issued with a maturity of 93 days or less.

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701 d. Money received under repurchase agreements, with the
702 qualified payment stablecoin issuer acting as a seller of
703 securities and with an overnight maturity, which are backed by
704 United States Treasury bills with a maturity of 93 days or less.
705 e. Reverse purchase agreements, with the qualified payment
706 stablecoin issuer acting as a purchaser of securities and with
707 an overnight maturity, which are collateralized by United States
708 Treasury bills, notes, or bonds on an overnight basis, subject
709 to overcollateralization in line with standard market terms that
710 meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
711 f. Securities that are issued by an investment company
712 registered under s. 8(a) of the Investment Company Act of 1940,
713 15 U.S.C. s. 80a-8(a), or other registered government money
714 market fund, and that are invested solely in underlying assets
715 described in sub-subparagraphs a.-e.
716 g. Any other similarly liquid Federal Government-issued
717 asset approved by the primary federal payment stablecoin
718 regulator, in consultation with the office.
719 h. Any reserve described in sub-subparagraphs a.-c. or
720 sub-subparagraph f. or sub-subparagraph g. in tokenized form,
721 provided that such reserves comply with all applicable laws and
722 regulations.
723 2. Publicly disclose the issuer's redemption policy, which
724 must comply with all of the following requirements:
725 a. Establish clear and conspicuous procedures for timely

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726 redemption of outstanding payment stablecoins.
727 b. Publicly, clearly, and conspicuously disclose in plain
728 language all fees associated with purchasing or redeeming the
729 payment stablecoins, provided that such fees can be changed only
730 upon not less than 7 days' prior notice to consumers.
731 3. Publish on the issuer's website a monthly reserve
732 composition of the issuer's reserve which must contain all of
733 the following information:
734 a. The total number of outstanding payment stablecoins
735 issued by the issuer.
736 b. The amount and composition of the reserves described in
737 subparagraph 1., including the average tenor and geographic
738 location of custody of each category of reserve instruments.
739 4. Comply with all federal prohibitions on pledging,
740 rehypothecating, or reusing reserve assets, either directly or
741 indirectly, except for any of the following purposes:
742 a. Satisfying margin obligations in connection with
743 investments in permitted reserves under sub-subparagraph 1.d. or
744 sub-subparagraph 1.e.
745 b. Satisfying obligations associated with the use,
746 receipt, or provision of standard custodial services.
747 c. Creating liquidity to meet reasonable expectations of
748 requests to redeem payment stablecoins, such that reserves in
749 the form of United States Treasury bills may be sold as
750 purchased securities for repurchase agreements with a maturity

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751 of 93 days or less, provided that either:
752 (I) The repurchase agreements are cleared by a clearing
753 agency registered with the Securities and Exchange Commission;
754 or
755 (II) The qualified payment stablecoin issuer receives
756 prior approval from the office.
757 5. Engage a registered public accounting firm to conduct a
758 monthly examination of the previous month-end reserve report.
759 For purposes of this subparagraph, the term "registered public
760 accounting firm" means a public accounting firm registered with
761 the Public Company Accounting Oversight Board.
762 6. Submit to the office each month a certification as to
763 the accuracy of the month-end reserve report by the qualified
764 payment stablecoin issuer's chief executive officer and chief
765 financial officer.
766 7. Comply with any federal regulations or state rules
767 prescribed by commission rule relating to capital, liquidity,
768 and risk management requirements.
769 8. Engage only custodians or safekeepers that comply with
770 s. 10 of the GENIUS Act, Pub. L. No. 119-27.
771 9. Comply with any other federal requirements of s. 4(a)
772 of the GENIUS Act, Pub. L. No. 119-27, and any implementing
773 federal regulations.
774 (b) A qualified payment stablecoin issuer may not engage
775 in any of the following conduct:

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776 1. Except as may be authorized under federal law, tying
777 arrangements that condition access to stablecoin services on the
778 purchase of unrelated products or services from such qualified
779 payment stablecoin issuer or an agreement not to obtain products
780 or services from a competitor.
781 2. Using deceptive names, which includes, but is not
782 limited to, any of the following:
783 a. Using any combination of terms relating to the United
784 States Government, except abbreviations directly related to the
785 currency to which a payment stablecoin is pegged, such as "USD."
786 b. Marketing a payment stablecoin in such a way that a
787 reasonable person would perceive the payment stablecoin to be
788 legal tender, as described in 31 U.S.C. s. 5103, issued by the
789 United States, or guaranteed or approved by the United States
790 Government.
791 3. Unless authorized by federal law, paying the holder of
792 any payment stablecoin any form of interest or yield solely in
793 connection with holding, use, or retention of such payment
794 stablecoin.
795 (6) CERTIFICATION.—The office's initial certification and
796 annual recertification submission to the federal Stablecoin
797 Certification Review Committee pursuant to s. 560.505 must
798 include any relevant information related to the provisions of
799 this chapter in the office's request for certification or
800 recertification of the state regulatory regime of payment

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801 stablecoins.
802 (7) RULEMAKING.—The commission may adopt rules to
803 administer this section as required in s. 13 of the GENIUS Act,
804 Pub. L. No. 119-27. The commission must adopt rules relating to
805 capital, liquidity, and risk management which are consistent
806 with s. 4(a)(4) of the GENIUS Act, Pub. L. No. 119-27. The
807 commission may adopt rules establishing standards for the
808 conduct, supervision, examination, and regulation of qualified
809 payment stablecoin issuers, including requirements relating to
810 reserves, customer-asset protection, reporting, and compliance
811 in order to meet the minimum requirements established by the
812 Stablecoin Certification Review Committee.
813 Section 13. Except as otherwise expressly provided in this
814 act and except for this section, which shall take effect upon
815 this act becoming a law, this act shall take effect January 1,
816 2027.

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CS/HB 175 by Rep. Barnaby
Payment Stablecoin

AMENDMENT SUMMARY
February 24, 2026

Amendment #337249 by Rep. Barnaby (strike-all):
• Requires payment stablecoin issuers to obtain a license with OFR, rather than
obtaining a registration.
o Provides license application requirements.
o Requires OFR to make a decision on licensure within 120 days of
receiving a substantially complete application.
o Trust companies do not have to obtain a license to issue payment
stablecoin, but do have to obtain a certificate of approval from OFR.
• Incorporates definitions from the federal GENIUS Act.
• Requires payment stablecoin issuers to submit annual certifications to OFR,
attesting to compliance with anti-money laundering and economic sanctions
compliance programs.
• Requires out-of-state state-qualified payment stablecoin issuers to provide
written notice to OFR within 30 days of issuing payment stablecoin or soliciting
customers in Florida.
• Exempts federal qualified payment stablecoin issuers and out-of-state state-
qualified payment stablecoin issuers from having to obtain a license from OFR.
• Requires state qualified issuers that exceed the $10 billion threshold set by the
GENIUS Act to notify OFR within 7 days of exceeding the threshold.
• Creates criminal penalties for false statements made in the required certification
by the issuer’s chief executive officer and chief financial officer as to the accuracy
of the issuer’s reserve report.
• Creates requirements for issuers that exceed $50 billion in total outstanding
issuance.
• Changes the effective date of certain provisions to October 1, 2026.
• Changes the timeline for OFR to submit a certification to the federal Stablecoin
Certification Review Committee to align with the GENIUS Act.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (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 Barnaby offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Present subsections (17) through (32), (33),
7 (34), and (35) and (36) through (39) of section 560.103, Florida
8 Statutes, as amended by chapter 2025-100, Laws of Florida, are
9 redesignated as subsections (18) through (33), (35), (36), and
10 (37), and (39) through (42), respectively, new subsections (17),
11 (34) and (38) are added to that section, and present subsection
12 (25) of that section is amended, to read:
13 560.103 Definitions.—As used in this chapter, the term:
14 (17) "Federal-qualified payment stablecoin issuer" means
15 any of the following:

337249 - 175-strike.docx
Published On: 2/23/2026 6:16:08 PM
Page 1 of 48
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

16 (a) A nonbank entity, other than a state-qualified payment
17 stablecoin issuer, approved by the Office of the Comptroller of
18 the Currency to issue payment stablecoins.
19 (b) An uninsured national bank that is chartered by the
20 Office of the Comptroller of the Currency pursuant to title LXII
21 of the Revised Statutes and is approved to issue payment
22 stablecoins. As used in this section, the term "national bank"
23 has the same meaning as in the GENIUS Act, Pub. L. No. 119-27.
24 (c) A federal-branch that is approved by the Office of the
25 Comptroller of the Currency to issue payment stablecoins. For
26 purposes of this section, the term "federal branch" has the same
27 meaning as in section 3 of the Federal Deposit Insurance Act, 12
28 U.S.C. s. 1813.
29 (26)(25) "Money services business" means any person
30 located in or doing business in this state, from this state, or
31 into this state from locations outside this state or country who
32 acts as a payment instrument seller, foreign currency exchanger,
33 check casher, or money transmitter, or qualified payment
34 stablecoin issuer.
35 (34) "Payment stablecoin" means a digital asset that meets
36 all of the following requirements:
37 (a)1. Is, or is designed to be, used as a means of payment
38 or settlement; and
39 2. The issuer of which:

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40 a. Is obligated to convert, redeem, or repurchase the
41 digital asset for a fixed amount of monetary value, not
42 including a digital asset denominated in a fixed amount of
43 monetary value.
44 b. Represents that such issuer will maintain, or create
45 the reasonable expectation that it will maintain, a stable value
46 relative to the value of a fixed amount of monetary value.
47 (b) The term does not include a digital asset that is any
48 of the following:
49 1. A national currency. For purposes of this subparagraph,
50 the term "national currency" means each of the following:
51 a. A Federal Reserve note as the term is used in the first
52 undesignated paragraph of s. 16 of the Federal Reserve Act, 12
53 U.S.C. s. 411.
54 b. Money standing to the credit of an account with a
55 Federal Reserve Bank.
56 c. Money issued by a foreign central bank.
57 d. Money issued by an intergovernmental organization
58 pursuant to an agreement by two or more governments.
59 2. A deposit as defined in s. 3 of the Federal Deposit
60 Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
61 using distributed ledger technology. For purposes of this
62 subparagraph, the term "distributed ledger" means technology in
63 which data is shared across a network that creates a public
64 digital ledger of verified transactions or information among
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65 network participants and cryptography is used to link the data
66 to maintain the integrity of the public ledger and execute other
67 functions.
68 3. A security, as defined in s. 517.021, s. 2 of the
69 Securities Act of 1933, 15 U.S.C. s. 77b, s. 3 of the Securities
70 and Exchange Act of 1934, 15 U.S.C. s. 78c, or s. 2 of the
71 Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
72 (c) As used in this subsection, the term "digital asset"
73 means any digital representation of value that is recorded on a
74 cryptographically secured digital ledger.
75 (38) "Qualified payment stablecoin issuer" means an entity
76 that:
77 (a) Is legally established under the laws of this state or
78 has a principal place of business in this state and is approved
79 to issue payment stablecoins by the office; and
80 (b) Is not an uninsured national bank chartered by the
81 Comptroller pursuant to title LXII of the Revised Statutes, a
82 federal branch, an insured depository institution, or a
83 subsidiary of such national bank, federal branch, or insured
84 depository institution. The terms "national bank" and "federal
85 branch" have the same meaning as in subsection (17). The term
86 "insured depository institution" has the same meaning as defined
87 in s. 3 of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813,
88 and an insured credit union.

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89 Section 2. Effective October 1, 2026, present subsection
90 (9) of section 560.123, Florida Statutes, is redesignated as
91 subsection (10), a new subsection (9) is added to that section,
92 and subsections (2), (3), and (8) of that section are amended,
93 to read:
94 560.123 Florida Control of Money Laundering in Money
95 Services Business Act.—
96 (2) The purpose of this section is to require the
97 maintenance of certain records of transactions involving
98 currency, monetary value, payment instruments, or virtual
99 currency, or payment stablecoins in order to deter the use of a
100 money services business to conceal proceeds from criminal
101 activity and to ensure the availability of such records for
102 criminal, tax, or regulatory investigations or proceedings.
103 (3) A money services business shall keep a record, as
104 prescribed by the commission, of each financial transaction
105 occurring in this state which it knows to involve currency,
106 monetary value, a payment instrument, or virtual currency, or a
107 payment stablecoin having a value greater than $10,000; to
108 involve the proceeds of specified unlawful activity; or to be
109 designed to evade the reporting requirements of this section or
110 chapter 896. The money services business must maintain
111 appropriate procedures to ensure compliance with this section
112 and chapter 896.

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113 (a) Multiple financial transactions shall be treated as a
114 single transaction if the money services business has knowledge
115 that they are made by or on behalf of any one person and result
116 in value in or value out totaling a value of more than $10,000
117 during any day.
118 (b) A money services business may keep a record of any
119 financial transaction occurring in this state, regardless of the
120 value, if it suspects that the transaction involves the proceeds
121 of unlawful activity.
122 (c) The money services business must file a report with
123 the office of any records required by this subsection, at such
124 time and containing such information as required by rule. The
125 timely filing of the report required by 31 U.S.C. s. 5313 with
126 the appropriate federal agency shall be deemed compliance with
127 the reporting requirements of this subsection unless the reports
128 are not regularly and comprehensively transmitted by the federal
129 agency to the office.
130 (d) A money services business, or control person,
131 employee, or agent thereof, that files a report in good faith
132 pursuant to this section is not liable to any person for loss or
133 damage caused in whole or in part by the making, filing, or
134 governmental use of the report, or any information contained
135 therein.
136 (8)(a) Except as provided in paragraph (b), a person who
137 willfully violates any provision of this section commits a
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138 misdemeanor of the first degree, punishable as provided in s.
139 775.082 or s. 775.083.
140 (b) A person who willfully violates any provision of this
141 section, if the violation involves:
142 1. Currency, monetary value, payment instruments, or
143 virtual currency, or payment stablecoins of a value exceeding
144 $300 but less than $20,000 in any 12-month period, commits a
145 felony of the third degree, punishable as provided in s.
146 775.082, s. 775.083, or s. 775.084.
147 2. Currency, monetary value, payment instruments, or
148 virtual currency, or payment stablecoins of a value totaling or
149 exceeding $20,000 but less than $100,000 in any 12-month period,
150 commits a felony of the second degree, punishable as provided in
151 s. 775.082, s. 775.083, or s. 775.084.
152 3. Currency, monetary value, payment instruments, or
153 virtual currency, or payment stablecoins of a value totaling or
154 exceeding $100,000 in any 12-month period, commits a felony of
155 the first degree, punishable as provided in s. 775.082, s.
156 775.083, or s. 775.084.
157 (c) In addition to the penalties authorized by s. 775.082,
158 s. 775.083, or s. 775.084, a person who has been convicted of,
159 or entered a plea of guilty or nolo contendere, regardless of
160 adjudication, to having violated paragraph (b) may be sentenced
161 to pay a fine of up to the greater of $250,000 or twice the
162 value of the currency, monetary value, payment instruments, or
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163 virtual currency, or payment stablecoins, except that on a
164 second or subsequent conviction for or plea of guilty or nolo
165 contendere, regardless of adjudication, to a violation of
166 paragraph (b), the fine may be up to the greater of $500,000 or
167 quintuple the value of the currency, monetary value, payment
168 instruments, or virtual currency, or payment stablecoins.
169 (d) A person who violates this section is also liable for
170 a civil penalty of up to the greater of the value of the
171 currency, monetary value, payment instruments, or virtual
172 currency, or payment stablecoins involved or $25,000.
173 (9) A qualified payment stablecoin issuer must comply with
174 any anti-money laundering provisions in the GENIUS Act under
175 Pub. L. No. 119-27, which includes, but is not limited to,
176 provisions relating to economic sanctions, prevention of money
177 laundering, customer identification, and due diligence in the
178 Bank Secrecy Act, s. 21 of the Federal Deposit Insurance Act, 12
179 U.S.C. s. 1813, chapter 2 of Title I of Pub. L. No. 91-508, and
180 subchapter II of chapter 53 of Title 31, United States Code, and
181 any other applicable federal anti-money laundering provisions.
182 (a) Not later than 180 days after the approval of an
183 application for a license as a qualified payment stablecoin
184 issuer pursuant to this chapter, and on an annual basis
185 thereafter, each qualified payment stablecoin issuer shall
186 submit to the office a certification that the issuer has
187 implemented anti-money laundering and economic sanctions
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188 compliance programs that are reasonably designed to prevent the
189 qualified payment stablecoin issuer from facilitating money
190 laundering, in particular, facilitating money laundering for
191 cartels and organizations designated as foreign terrorist
192 organizations under s. 219 of the Immigration and Nationality
193 Act, 8 U.S.C. s. 1189, and the financing of terrorist
194 activities, consistent with the requirements of the act.
195 (b) The office shall make the certifications described in
196 paragraph (a) available to the Secretary of the Treasury upon
197 request.
198 (c) The office may revoke the license of the qualified
199 payment stablecoin issuer if such issuer does not submit the
200 certification required under paragraph (a).
201 (d) If the office has reason to believe that any person
202 has knowingly violated paragraph (a), which may be subject to
203 federal criminal penalties set forth under 18 U.S.C. s. 1001,
204 the office may refer the matter to the United States Attorney
205 General or the attorney general of this state.
206 Section 3. Effective October 1, 2026, paragraph (a) of
207 subsection (5), and subsection (6) of section 560.125, Florida
208 Statutes, are amended to read:
209 560.125 Unlicensed activity; penalties.—
210 (5) A person who violates this section, if the violation
211 involves:

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212 (a) Currency, monetary value, payment instruments, or
213 virtual currency, or payment stablecoins of a value exceeding
214 $300 but less than $20,000 in any 12-month period, commits a
215 felony of the third degree, punishable as provided in s.
216 775.082, s. 775.083, or s. 775.084.
217 (6) In addition to the penalties authorized by s. 775.082,
218 s. 775.083, or s. 775.084, a person who has been convicted of,
219 or entered a plea of guilty or nolo contendere to, having
220 violated this section may be sentenced to pay a fine of up to
221 the greater of $250,000 or twice the value of the currency,
222 monetary value, payment instruments, or virtual currency, or
223 payment stablecoins, except that on a second or subsequent
224 violation of this section the fine may be up to the greater of
225 $500,000 or quintuple the value of the currency, monetary value,
226 payment instruments, or virtual currency.
227 Section 4. Part V of chapter 560, Florida Statutes,
228 consisting of ss. 560.501-560.506, Florida Statutes, is created
229 and entitled "Payment Stablecoin Issuers."
230 Section 5. Effective October 1, 2026, section 560.501,
231 Florida Statutes, is created to read:
232 560.501 License requirement; exemptions; transition to
233 federal oversight; definitions.—
234 (1) DEFINITIONS.—For purposes of this section, the term:

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235 (a) "Home state" means a state other than this state in
236 which a payment stablecoin issuer is established or has its
237 principal place of business.
238 (b) "Host state" means a state in which the payment
239 stablecoin issuer establishes a branch, solicits customers, or
240 otherwise engages in business activities, other than the home
241 state.
242 (c) "Out-of-state state-qualified payment stablecoin
243 issuer" means a payment stablecoin issuer that has been approved
244 in accordance with the requirements of the GENIUS Act by the
245 payment stablecoin issuer's home state, other than this state,
246 to issue payment stablecoin.
247 (2) LICENSE REQUIREMENT.—Effective October 1, 2026, a
248 person may not engage in the activity of a qualified payment
249 stablecoin issuer in this state unless the person is licensed or
250 exempted from licensure under this chapter. The office shall
251 give written notice to each applicant that the office has
252 granted or denied the application for a license as a qualified
253 payment stablecoin issuer.
254 (3) EXEMPTION FROM LICENSURE.—
255 (a) Subsection (2) does not apply to:
256 1. A federal-qualified payment stablecoin issuer.
257 2. An out-of-state state-qualified payment stablecoin
258 issuer of which this state is a host state. An out-of-state
259 state-qualified payment stablecoin issuer must provide written
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260 notice to the office within 30 days after engaging in activity
261 that makes this state a host state of such issuer.
262 (b) The following transactions are not regulated under
263 this part:
264 1. The direct transfer of payment stablecoins between two
265 individuals acting on their own behalf and for their own lawful
266 purposes, without the involvement of an intermediary.
267 2. Any transaction involving the receipt of payment
268 stablecoins by an individual between an account owned by the
269 individual in the United States and an account owned by the
270 individual abroad which are offered by the same parent company.
271 3. Any transaction by means of a software or hardware
272 wallet that facilitates an individual's own custody of payment
273 stablecoins.
274 (c) A payment stablecoin that meets the requirements of
275 this part is not a security and is not subject to chapter 517.
276 (3) TRANSITION TO FEDERAL OVERSIGHT.—
277 (a) Unless a federal waiver is obtained, a qualified
278 payment stablecoin issuer with a consolidated total outstanding
279 payment stablecoin issuance that reaches the $10 billion
280 threshold must comply with one of the following requirements:
281 1. Not later than 360 days after the payment stablecoin
282 issuance reaches such threshold, transition to the applicable
283 federal regulatory framework administered jointly by the office

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284 and the United States Office of the Comptroller of the Currency;
285 or
286 2. Beginning on the date the payment stablecoin issuance
287 reaches such threshold, cease issuing new payment stablecoins
288 until the payment stablecoin falls below the $10 billion
289 consolidated total outstanding issuance threshold.
290 (b) A qualified payment stablecoin issuer with a
291 consolidated total outstanding payment stablecoin issuance that
292 reaches the $10 billion threshold must, within 7 business days,
293 provide notice to the office that the threshold has been
294 reached.
295 (c) To the extent or for any relevant period for which a
296 waiver or transition applies, a qualified payment stablecoin
297 issuer remains subject to this part if a federal waiver of the
298 transition requirements in paragraph (a) is obtained pursuant to
299 the GENIUS Act, Pub. L. No. 119-27, and the office remains
300 solely responsible for supervising the qualified payment
301 stablecoin issuer, or if the office is jointly responsible with
302 the United States Office of the Comptroller of the Currency to
303 supervise the qualified payment stablecoin issuer pursuant to
304 subparagraph (a)1. The office may enter into an agreement with
305 the relevant primary federal payment stablecoin regulator for
306 the joint supervision of any qualified payment stablecoin
307 issuer.

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308 Section 6. Section 560.502, Florida Statutes, is created
309 to read:
310 560.502 Additional license application requirements;
311 office duties; application forms.—
312 (1) ADDITIONAL LICENSE APPLICATION REQUIREMENTS.—In
313 addition to the license requirements under part I of this
314 chapter, an applicant seeking a license under this part must
315 also submit to the office an application on a form prescribed by
316 rule of the commission. Such application must include all of the
317 following:
318 (a) Evidence of the ability of the applicant, based on
319 financial condition and resources, to meet the requirements in
320 s. 560.504.
321 (b) A statement as to whether an individual who has been
322 convicted of a felony offense involving insider trading,
323 embezzlement, cybercrime, money laundering, financing terrorism,
324 or financial fraud is serving as an officer or director of the
325 applicant.
326 (c) An explanation of the competence, experience, and
327 integrity of the officers, directors, and principal shareholders
328 of the applicant, its subsidiaries, and parent company which
329 includes, but is not limited to:
330 1. The record of those officers, directors, and principal
331 shareholders of compliance with laws and regulations; and

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332 2. The ability of those officers, directors, and principal
333 shareholders to fulfill any commitments to, and any conditions
334 imposed by, the office in connection with the application at
335 issue and any prior applications.
336 (d) A statement as to whether the redemption policy of the
337 applicant meets the standards under s. 560.504.
338 (e) Any other factors necessary to ensure the safety and
339 soundness of the qualified payment stablecoin issuer.
340 (2) OFFICE DUTIES.—The office must comply with the
341 following requirements:
342 (a) Upon receipt of a substantially complete application,
343 evaluate and make a determination on each application based on
344 the criteria established in this section.
345 (b) Not later than 120 days after receiving a
346 substantially complete application, the office must render a
347 decision on the application.
348 1. An application is considered substantially complete if
349 the application contains sufficient information for the office
350 to render a decision on whether the applicant satisfies the
351 factors described in paragraph (1)(a).
352 2. Not later than 30 days after receiving an application
353 under this section, the office must notify the applicant as to
354 whether the office considers the application to be substantially
355 complete and, if the application is not substantially complete,

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356 the additional information the applicant must provide in order
357 for the application to be considered substantially complete.
358 3. An application considered substantially complete under
359 this subparagraph remains substantially complete unless there is
360 a material change in circumstances that requires the office to
361 treat the application as a new application.
362 4. If the office fails to render a decision on a complete
363 application within the time specified in paragraph (2)(b), the
364 application shall be deemed approved.
365 (c) The office must deny a substantially complete
366 application received pursuant to this subsection only if the
367 office determines that the activities of the applicant would be
368 unsafe or unsound based on the factors described in paragraph
369 (1)(a).
370 1. The issuance of a payment stablecoin on an open,
371 public, or decentralized network is not a valid ground for
372 denial of an application for approval as a qualified payment
373 stablecoin issuer.
374 2. If the office denies a complete application submitted
375 pursuant to this subsection, not later than 30 days after the
376 date of such denial, the office must provide the applicant with
377 written notice explaining the denial with specificity, including
378 all findings made by the regulator with respect to all
379 identified material shortcomings in the application, along with

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380 actionable recommendations on how the applicant could address
381 the identified material shortcomings.
382 3. The denial of an application under this section shall
383 not prohibit the applicant from filing a subsequent application.
384 4. A denial entitles the applicant to an opportunity to be
385 heard pursuant to chapter 120.
386 (3) APPLICATION FORMS.—The information required in the
387 application form prescribed by rule of the commission under
388 subsection (1) may be incorporated in other licensing
389 application forms required under this chapter, as appropriate,
390 to allow a person to apply for two licenses in one application
391 form in order to streamline the application process.
392 Section 7. Effective October 1, 2026, section 560.503,
393 Florida Statutes, is created to read:
394 560.503 Limitation on payment stablecoin activities.—A
395 licensed qualified payment stablecoin issuer may engage only in
396 the following activities:
397 (1) Issue payment stablecoins.
398 (2) Redeem payment stablecoins.
399 (3) Manage related reserves, including purchasing,
400 selling, and holding reserve assets or providing custodial
401 services for reserve assets, consistent with federal law and the
402 laws of this state.
403 (4) Undertake other activities that directly support any
404 of the activities described in this section.
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405 Section 8. Effective October 1, 2026, section 560.504,
406 Florida Statutes, is created to read:
407 560.504 Minimum prudential requirements.—
408 (1) In accordance with the GENIUS Act, Pub. L. No. 119-27,
409 a qualified payment stablecoin issuer must comply with all of
410 the following requirements:
411 (a) Maintain identifiable reserves backing the outstanding
412 payment stablecoins of the qualified payment stablecoin issuer
413 on at least a one-to-one basis, with reserves consisting of any
414 of the following:
415 1. United States coin or currency or money standing to the
416 credit of an account with a Federal Reserve Bank.
417 2. Funds held as demand deposits or insured shares at an
418 insured depository institution, subject to limitations
419 established by the Federal Deposit Insurance Corporation and the
420 National Credit Union Administration.
421 3. United States Treasury bills, notes, or bonds with a
422 remaining maturity or issued with a maturity of 93 days or less.
423 4. Money received under repurchase agreements, with the
424 qualified payment stablecoin issuer acting as a seller of
425 securities and with an overnight maturity, which are backed by
426 United States Treasury bills with a maturity of 93 days or less.
427 5. Reverse purchase agreements, with the qualified payment
428 stablecoin issuer acting as a purchaser of securities and with
429 an overnight maturity, that are collateralized by United States
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430 Treasury bills, notes, or bonds on an overnight basis, subject
431 to overcollateralization in line with standard market terms that
432 meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
433 6. Securities issued by an investment company registered
434 under s. 8(a) of the Investment Company Act of 1940, 15 U.S.C.
435 s. 80a-8(a), or other registered government money market fund,
436 and that are invested solely in underlying assets described in
437 subparagraphs 1.-5.
438 7. Any other similarly liquid Federal Government-issued
439 asset approved by the primary federal payment stablecoin
440 regulator, in consultation with the office.
441 8. Any reserve described in subparagraphs 1., 2., and 3.
442 or subparagraph 6. or subparagraph 7. in tokenized form,
443 provided that such reserves comply with all applicable laws and
444 regulations.
445 (b) Publicly disclose the issuer's redemption policy,
446 which must comply with all of the following requirements:
447 1. Establish clear and conspicuous procedures for timely
448 redemption of outstanding payment stablecoins.
449 2. Publicly, clearly, and conspicuously disclose in plain
450 language all fees associated with purchasing or redeeming the
451 payment stablecoins, provided that such fees can be changed only
452 upon not less than 7 days' prior notice to consumers.

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453 (c) Publish on the issuer's website a monthly reserve
454 composition of the issuer's reserve which must contain all of
455 the following information:
456 1. The total number of outstanding payment stablecoins
457 issued by the issuer.
458 2. The amount and composition of the reserves described in
459 paragraph (a), including the average tenor and geographic
460 location of custody of each category of reserve instruments.
461 (d) Comply with all federal prohibitions on pledging,
462 rehypothecating, or reusing reserve assets, either directly or
463 indirectly, except for any of the following purposes:
464 1. Satisfying margin obligations in connection with
465 investments in permitted reserves under subparagraph (a)4. or
466 subparagraph (a)5.
467 2. Satisfying obligations associated with the use,
468 receipt, or provision of standard custodial services.
469 3. Creating liquidity to meet reasonable expectations of
470 requests to redeem payment stablecoins, such that reserves in
471 the form of United States Treasury bills may be sold as
472 purchased securities for repurchase agreements with a maturity
473 of 93 days or less, provided that either:
474 a. The repurchase agreements are cleared by a clearing
475 agency registered with the Securities and Exchange Commission;
476 or

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477 b. The qualified payment stablecoin issuer receives prior
478 approval from the office.
479 (e) Engage a registered public accounting firm to conduct
480 a monthly examination of the previous month-end reserve report.
481 For purposes of this paragraph, the term "registered public
482 accounting firm" means a public accounting firm registered with
483 the Public Company Accounting Oversight Board.
484 (f) Submit to the office each month a certification as to
485 the accuracy of the month-end reserve report by the qualified
486 payment stablecoin issuer's chief executive officer and chief
487 financial officer. Whoever knowingly makes a false statement in
488 writing with the intent to mislead a public servant in the
489 performance of his or her official duty commits a misdemeanor of
490 the second degree, punishable as provided in s. 775.082 or s.
491 775.083.
492 (g) A qualified payment stablecoin issuer with more than
493 $50 billion in consolidated total outstanding issuance shall
494 prepare, in accordance with generally accepted accounting
495 principles, an annual financial statement, which shall include
496 disclosure of any related party transactions, as defined by such
497 generally accepted accounting principles.
498 1. A registered public accounting firm must perform an
499 audit of the annual financial statements.

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500 2. Each qualified payment stablecoin issuer required to
501 prepare an audited annual financial statement must comply with
502 all of the following requirements:
503 a. Make such audited financial statements publicly
504 available on the website of the permitted payment stablecoin
505 issuer; and
506 b. Submit such audited financial statements annually to
507 the office.
508 (h) Comply with any federal regulations or rules
509 prescribed by commission relating to capital, liquidity, and
510 risk management requirements.
511 (i) Engage only custodians or safekeepers that comply with
512 s. 10 of the GENIUS Act, Pub. L. No. 119-27.
513 (j) Comply with any other federal requirements of s. 4(a)
514 of the GENIUS Act, Pub. L. No. 119-27, and any implementing
515 federal regulations.
516 (2) A qualified payment stablecoin issuer is prohibited
517 from engaging in all of the following conduct:
518 (a) Except as may be authorized under federal law, tying
519 arrangements that condition access to stablecoin services on the
520 purchase of unrelated products or services from such qualified
521 payment stablecoin issuer or an agreement not to obtain products
522 or services from a competitor.
523 (b) Using deceptive names, which includes, but is not
524 limited to, any of the following:
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525 1. Using any combination of terms relating to the United
526 States Government, except abbreviations directly related to the
527 currency to which a payment stablecoin is pegged, such as "USD."
528 2. Marketing a payment stablecoin in such a way that a
529 reasonable person would perceive the payment stablecoin to be
530 legal tender, as described in 31 U.S.C. s. 5103, issued by the
531 United States, or guaranteed or approved by the United States
532 Government.
533 (c) Unless authorized by federal law, paying the holder of
534 any payment stablecoin any form of interest or yield solely in
535 connection with holding, use, or retention of such payment
536 stablecoin.
537 Section 9. Section 560.505, Florida Statutes, is created
538 to read:
539 560.505 State certification.—
540 (1) The office shall submit an initial certification to
541 the federal Stablecoin Certification Review Committee, on a form
542 prescribed by the committee, in accordance with the timeline
543 established by the committee for accepting certifications,
544 attesting that the state regulatory regime meets the criteria
545 for substantial similarity to the GENIUS Act, Pub. L. No. 119-
546 27, as required under that act.
547 (2) No later than the date to be determined by the United
548 States Secretary of the Treasury each year, the office must
549 submit to the Stablecoin Certification Review Committee an
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550 additional certification that confirms the accuracy of the
551 initial certification submitted.
552 (3) The office must comply with the requirements of s.
553 4(c)(4) of the GENIUS Act, Pub. L. No. 119-27, to ensure the
554 state receives certification and annual recertification by the
555 Stablecoin Certification Review Committee of the state
556 regulatory regime.
557 Section 10. Section 560.506, Florida Statutes, is created
558 to read:
559 560.506 Rulemaking authority.—The commission shall adopt
560 rules to administer this part as required in s. 13 of the GENIUS
561 Act, Pub. L. No. 119-27. The commission shall also adopt rules
562 relating to capital, liquidity, and risk management which are
563 consistent with section 4(a)(4) of the GENIUS Act, Pub. L. No.
564 119-27. The commission may adopt rules establishing standards
565 for the conduct, supervision, examination, and regulation of
566 qualified payment stablecoin issuers, including requirements
567 relating to reserves, customer-asset protection, reporting, and
568 compliance, in order to meet the minimum requirements
569 established by the Stablecoin Certification Review Committee.
570 Section 11. Subsection (12) is added to section 655.50,
571 Florida Statutes, and paragraph (e) of subsection (3) of that
572 section is amended, to read:
573 655.50 Florida Control of Money Laundering and Terrorist
574 Financing in Financial Institutions Act.—
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575 (3) As used in this section, the term:
576 (e) "Monetary instruments" means coin or currency of the
577 United States or of any other country, payment stablecoins as
578 defined in s. 658.997, travelers' checks, personal checks, bank
579 checks, money orders, stored value cards, prepaid cards,
580 investment securities or negotiable instruments in bearer form
581 or otherwise in such form that title thereto passes upon
582 delivery, or similar devices.
583 (12) A qualified payment stablecoin issuer, as defined in
584 s. 658.997, must comply with any anti-money laundering
585 provisions in the GENIUS Act under Pub. L. No. 119-27, which
586 includes, but is not limited to, provisions relating to economic
587 sanctions, prevention of money laundering, customer
588 identification, and due diligence in the Bank Secrecy Act, s. 21
589 of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813, chapter
590 2 of Title I of Pub. L. No. 91-508, and subchapter II of chapter
591 53 of Title 31, United States Code, and any other applicable
592 federal anti-money laundering provisions.
593 (a) Not later than 180 days after the approval of an
594 application for certificate of approval as a qualified payment
595 stablecoin issuer pursuant to s. 658.997, and on an annual basis
596 thereafter, each qualified payment stablecoin issuer shall
597 submit to the office a certification that the issuer has
598 implemented anti-money laundering and economic sanctions
599 compliance programs that are reasonably designed to prevent the
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600 qualified payment stablecoin issuer from facilitating money
601 laundering, in particular, facilitating money laundering for
602 cartels and organizations designated as foreign terrorist
603 organizations under s. 219 of the Immigration and Nationality
604 Act, 8 U.S.C. s. 1189, and the financing of terrorist
605 activities, consistent with the requirements of the act.
606 (b) The office shall make the certifications described in
607 paragraph (a) available to the Secretary of the Treasury upon
608 request.
609 (c) The office may revoke the certificate of approval of
610 the qualified payment stablecoin issuer if the qualified payment
611 stablecoin issuer does not submit the certification required
612 under paragraph (a).
613 (d) If the office has reason to believe that any person
614 has knowingly violated paragraph (a), which may be subject to
615 federal criminal penalties set forth under 18 U.S.C. s. 1001,
616 the office may refer the matter to the United States Attorney
617 General or the Attorney General of this state.
618 Section 12. Paragraph (h) is added to subsection (1) of
619 section 658.19, Florida Statutes, to read:
620 658.19 Application for authority to organize a bank or
621 trust company.—
622 (1) A written application for authority to organize a
623 banking corporation or a trust company shall be filed with the
624 office by the proposed directors and shall include:
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625 (h) A request for a certificate of approval as a qualified
626 payment stablecoin issuer, as defined in s. 658.997, if desired
627 in connection with an application to organize a trust company.
628 Section 13. Section 658.997, Florida Statutes, is created
629 to read:
630 658.997 Qualified payment stablecoin issuers.—
631 (1) DEFINITIONS.—As used in this section, the term:
632 (a) "Federal-qualified payment stablecoin issuer" means
633 any of the following:
634 1. A nonbank entity, other than a state-qualified payment
635 stablecoin issuer, approved by the Office of the Comptroller of
636 the Currency to issue payment stablecoins.
637 2. An uninsured national bank that is chartered by the
638 Office of the Comptroller of the Currency pursuant to title LXII
639 of the Revised Statutes and is approved to issue payment
640 stablecoins. As used in this subsection, the term "national
641 bank" has the same meaning as in the GENIUS Act, Pub. L. No.
642 119-27.
643 3. A federal branch that is approved by the Office of the
644 Comptroller of the Currency to issue payment stablecoins. For
645 purposes of this subparagraph, the term "federal branch" has the
646 same meaning as in section 3 of the Federal Deposit Insurance
647 Act, 12 U.S.C. s. 1813.

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648 (b) "Home state" means a state other than this state in
649 which a payment stablecoin issuer is established or has its
650 principal place of business.
651 (c) "Host state" means a state in which the payment
652 stablecoin issuer establishes a branch, solicits customers, or
653 otherwise engages in business activities, other than the home
654 state.
655 (d) "Out-of-state state-qualified payment stablecoin
656 issuer" means a payment stablecoin issuer that has been approved
657 in accordance with the requirements of the GENIUS Act, Pub. L.
658 No. 119-27, by the payment stablecoin issuer's home state, other
659 than this state, to issue payment stablecoin.
660 (e) "Payment stablecoin" means a digital asset that meets
661 all of the following requirements:
662 1.a. Is, or is designed to be, used as a means of payment
663 or settlement; and
664 b. The issuer of which:
665 (I) Is obligated to convert, redeem, or repurchase the
666 digital asset for a fixed amount of monetary value, not
667 including a digital asset denominated in a fixed amount of
668 monetary value.
669 (II) Represents that such issuer will maintain, or create
670 the reasonable expectation that it will maintain, a stable value
671 relative to the value of a fixed amount of monetary value.

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672 2. The term does not include a digital asset that is any
673 of the following:
674 a. A national currency. For purposes of this subparagraph,
675 the term "national currency" means each of the following:
676 (I) A Federal Reserve note as the term is used in the
677 first undesignated paragraph of s. 16 of the Federal Reserve
678 Act, 12 U.S.C. s. 411.
679 (II) Money standing to the credit of an account with a
680 Federal Reserve Bank.
681 (III) Money issued by a foreign central bank.
682 (IV) Money issued by an intergovernmental organization
683 pursuant to an agreement by two or more governments.
684 b. A deposit as defined in s. 3 of the Federal Deposit
685 Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
686 using distributed ledger technology. For purposes of this
687 subparagraph, the term "distributed ledger" means technology in
688 which data is shared across a network that creates a public
689 digital ledger of verified transactions or information among
690 network participants and cryptography is used to link the data
691 to maintain the integrity of the public ledger and execute other
692 functions.
693 c. A security, as defined in s. 517.021, s. 2 of the
694 Securities Act of 1933, 15 U.S.C. s. 77b, s. 3 of the Securities
695 and Exchange Act of 1934, 15 U.S.C. s. 78c, or s. 2 of the
696 Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
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697 3. As used in this paragraph, the term "digital asset"
698 means any digital representation of value that is recorded on a
699 cryptographically secured digital ledger.
700 (f) "Qualified payment stablecoin issuer" means an entity
701 that:
702 1. Is legally established under the laws of a state and
703 approved to issue payment stablecoins by the office; and
704 2. Is not an uninsured national bank chartered by the
705 Comptroller pursuant to title LXII of the Revised Statutes, a
706 federal branch, an insured depository institution, or a
707 subsidiary of such national bank, federal branch, or insured
708 depository institution. The terms "national bank" and "federal
709 branch" have the same meaning as in subsection (17). The term
710 "insured depository institution" has the same meaning as defined
711 in s. 3 of the Federal Deposit Insurance Act, 12 U.S.C. s. 1813,
712 and an insured credit union.
713 (2) APPROVAL REQUIREMENT.—Effective October 1, 2026, a
714 trust company may not engage in the activity of a qualified
715 payment stablecoin issuer in this state unless the trust company
716 obtains a certificate of approval or is exempted from such
717 certificate under this section.
718 (a) To obtain a certificate of approval as a qualified
719 payment stablecoin issuer pursuant to this chapter, a trust
720 company must request such certificate in conjunction with an
721 application to organize a trust company pursuant to s. 658.19 or
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722 apply for a certificate of approval as a qualified payment
723 stablecoin issuer on forms prescribed by rule of the commission
724 that meet the requirements of this section. The application must
725 require only information, documents, or materials that are
726 necessary to determine whether the applicant meets the criteria
727 provided in this section.
728 (b) With respect to any application for a certificate of
729 approval as a qualified payment stablecoin issuer pursuant to
730 this section, the office must comply with the following
731 requirements:
732 1. Upon receipt of a substantially complete application,
733 evaluate and make a determination on each application based on
734 the criteria established in this section, including all of the
735 following factors:
736 a. The ability of the applicant, based on financial
737 condition and resources, to meet the requirements in subsection
738 (6).
739 b. Whether an individual who has been convicted of a
740 felony offense involving insider trading, embezzlement,
741 cybercrime, money laundering, financing terrorism, or financial
742 fraud is serving as an officer or director of the applicant.
743 c. The competence, experience, and integrity of the
744 officers, directors, and principal shareholders of the
745 applicant, its subsidiaries, and parent company which includes,
746 but is not limited to:
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747 (I) The record of those officers, directors, and principal
748 shareholders of compliance with laws and regulations; and
749 (II) The ability of those officers, directors, and
750 principal shareholders to fulfill any commitments to, and any
751 conditions imposed by, the office in connection with the
752 application at issue and any prior applications.
753 d. Whether the redemption policy of the applicant meets
754 the standards under subsection (6).
755 e. Any other factors necessary to ensure the safety and
756 soundness of the qualified payment stablecoin issuer.
757 2. Not later than 120 days after receiving a substantially
758 complete application, render a decision on the application.
759 a. An application is considered substantially complete if
760 the application contains sufficient information for the office
761 to render a decision on whether the applicant satisfies the
762 factors described in this subparagraph.
763 b. Not later than 30 days after receiving an application
764 under this section, the office must notify the applicant as to
765 whether the office considers the application to be substantially
766 complete and, if the application is not substantially complete,
767 the additional information the applicant must provide in order
768 for the application to be considered substantially complete.
769 c. An application considered substantially complete under
770 this subparagraph remains substantially complete unless there is

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771 a material change in circumstances that requires the office to
772 treat the application as a new application.
773 3. If the applicant is approved as a qualified payment
774 stablecoin issuer, issue a certificate of approval to the
775 applicant. A certificate of approval remains valid unless or
776 until the office revokes such certificate pursuant to the
777 provisions of this chapter.
778 4. Deny a substantially complete application received
779 pursuant to this subsection only if the office determines that
780 the activities of the applicant would be unsafe or unsound based
781 on the factors described in subparagraph 1.
782 a. The issuance of a payment stablecoin on an open,
783 public, or decentralized network is not a valid ground for
784 denial of an application for approval as a qualified payment
785 stablecoin issuer.
786 b. If the office denies a complete application submitted
787 pursuant to this subsection, not later than 30 days after the
788 date of such denial, the office must provide the applicant with
789 written notice explaining the denial with specificity, including
790 all findings made by the regulator with respect to all
791 identified material shortcomings in the application, along with
792 actionable recommendations on how the applicant could address
793 the identified material shortcomings.
794 c. A denial entitles the applicant to an opportunity to be
795 heard pursuant to chapter 120.
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796 5. Modify any current forms or rules relating to an
797 application to organize a trust company pursuant to s. 658.19 to
798 conform them to the standards and requirements of this section.
799 Any information or documents that are required for the office to
800 determine whether an applicant meets the requirements of this
801 section must be incorporated into an application to organize a
802 trust company so that an applicant may elect, but is not
803 required, to submit such information and documents to apply for
804 a certificate of approval as a qualified payment stablecoin
805 issuer as part of the organization process.
806 (c) If the office fails to render a decision on a complete
807 application within the time specified in subparagraph (b)2., the
808 application is deemed approved.
809 (d) The denial of an application under this section may
810 not prohibit the applicant from filing a subsequent application.
811 (e) The failure to comply with any provision of this
812 section or with any rule or order of the office shall be
813 considered good cause for revocation of a certificate of
814 approval issued pursuant to subparagraph (b)3. The office shall
815 give prior written notice to the qualified payment stablecoin
816 issuer of such withdrawal within a time prescribed by rule.
817 (3) EXEMPTIONS.—Effective October 1, 2026, subsection (2)
818 does not apply to:
819 (a) A federal-qualified payment stablecoin issuer.

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820 (b) An out-of-state state-qualified payment stablecoin
821 issuer. The out-of-state state-qualified payment stablecoin
822 issuer must provide written notice to the office within 30 days
823 after engaging in the activity of a qualified payment stablecoin
824 issuer in this state.
825 (c) The following transactions are not regulated under
826 this part:
827 1. The direct transfer of payment stablecoin between two
828 individuals acting on their own behalf and for their own lawful
829 purposes, without the involvement of an intermediary.
830 2. Any transaction involving the receipt of payment
831 stablecoin by an individual between an account owned by the
832 individual in the United States and an account owned by the
833 individual abroad which are offered by the same parent company.
834 3. Any transaction by means of a software or hardware
835 wallet that facilitates an individual's own custody of payment
836 stablecoins.
837 (d) A payment stablecoin that meets the requirements of
838 this part is not a security and is not subject to the
839 requirements of chapter 517.
840 (4) TRANSITION TO FEDERAL OVERSIGHT.—Effective October 1,
841 2026:
842 (a) Unless a federal waiver is obtained, a qualified
843 payment stablecoin issuer with a consolidated total outstanding

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844 payment stablecoin issuance that reaches the $10 billion
845 threshold must comply with one of the following requirements:
846 1. Not later than 360 days after the payment stablecoin
847 issuance reaches such threshold, transition to the applicable
848 federal regulatory framework administered jointly by the office
849 and the appropriate federal regulator; or
850 2. Beginning on the date the payment stablecoin issuance
851 reaches such threshold, cease issuing new payment stablecoins
852 until the payment stablecoin falls below the $10 billion
853 consolidated total outstanding issuance threshold.
854 (b) A qualified payment stablecoin issuer with a
855 consolidated total outstanding payment stablecoin issuance that
856 reaches the $10 billion threshold must, within 7 business days,
857 provide notice to the office that the threshold has been
858 reached.
859 (c) To the extent or for any relevant period for which a
860 waiver or transition applies, a qualified payment stablecoin
861 issuer remains subject to this part if a federal waiver of the
862 transition requirements in paragraph (a) is obtained pursuant to
863 the GENIUS Act, Pub. L. No. 119-27, and the office remains
864 solely responsible for supervising the qualified payment
865 stablecoin issuer, or if the office is jointly responsible with
866 the United States Office of the Comptroller of the Currency to
867 supervise the qualified payment stablecoin issuer pursuant to
868 subparagraph (a)1. The office may enter into an agreement with
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869 the relevant primary federal payment stablecoin regulator for
870 the joint supervision of any qualified payment stablecoin
871 issuer.
872 (5) LIMITATION ON PAYMENT STABLECOIN ACTIVITIES.—Effective
873 October 1, 2026, a qualified payment stablecoin issuer that has
874 been issued a certificate of approval may engage only in the
875 following activities:
876 (a) Issue payment stablecoins.
877 (b) Redeem payment stablecoins.
878 (c) Manage related reserves, including purchasing,
879 selling, and holding reserve assets or providing custodial
880 services for reserve assets, consistent with federal law and the
881 laws of this state.
882 (d) Undertake other activities that directly support any
883 of the activities described in this section.
884 (6) MINIMUM PRUDENTIAL REQUIREMENTS.—Effective October 1,
885 2026:
886 (a) In accordance with the GENIUS Act, Pub. L. No. 119-27,
887 a qualified payment stablecoin issuer shall comply with all of
888 the following requirements:
889 1. Maintain identifiable reserves backing the outstanding
890 payment stablecoins of the qualified payment stablecoin issuer
891 on at least a one-to-one basis, with reserves consisting of any
892 of the following:

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893 a. United States coin or currency or money standing to the
894 credit of an account with a Federal Reserve Bank.
895 b. Funds held as demand deposits or insured shares at an
896 insured depository institution, subject to limitations
897 established by the Federal Deposit Insurance Corporation and the
898 National Credit Union Administration.
899 c. United States Treasury bills, notes, or bonds with a
900 remaining maturity or issued with a maturity of 93 days or less.
901 d. Money received under repurchase agreements, with the
902 qualified payment stablecoin issuer acting as a seller of
903 securities and with an overnight maturity, that are backed by
904 United States Treasury bills with a maturity of 93 days or less.
905 e. Reverse purchase agreements, with the qualified payment
906 stablecoin issuer acting as a purchaser of securities and with
907 an overnight maturity, that are collateralized by United States
908 Treasury bills, notes, or bonds on an overnight basis, subject
909 to overcollateralization in line with standard market terms that
910 meet federal requirements in the GENIUS Act, Pub. L. No. 119-27.
911 f. Securities issued by an investment company registered
912 under s. 8(a) of the Investment Company Act of 1940, 15 U.S.C.
913 s. 80a-8(a), or other registered government money market fund,
914 and that are invested solely in underlying assets described in
915 subparagraphs a.-e.

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916 g. Any other similarly liquid Federal Government-issued
917 asset approved by the primary federal payment stablecoin
918 regulator, in consultation with the office.
919 h. Any reserve described in subparagraphs 1., 2., and 3.
920 or sub-subparagraphs f. and g in tokenized form, provided that
921 such reserves comply with all applicable laws and regulations.
922 2. Publicly disclose the issuer's redemption policy, which
923 must comply with all of the following requirements:
924 a. Establish clear and conspicuous procedures for timely
925 redemption of outstanding payment stablecoins.
926 b. Publicly, clearly, and conspicuously disclose in plain
927 language all fees associated with purchasing or redeeming the
928 payment stablecoins, provided that such fees can be changed only
929 upon not less than 7 days' prior notice to consumers.
930 3. Publish on the issuer's website a monthly reserve
931 composition of the issuer's reserve which must contain all of
932 the following information:
933 a. The total number of outstanding payment stablecoins
934 issued by the issuer.
935 b. The amount and composition of the reserves described in
936 subparagraph 1., including the average tenor and geographic
937 location of custody of each category of reserve instruments.
938 4. Comply with all federal prohibitions on the pledging,
939 rehypothecating, or reusing reserve assets, either directly or
940 indirectly, except for any of the following purposes:
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941 a. Satisfying margin obligations in connection with
942 investments in permitted reserves under sub-subparagraph 1.d. or
943 sub-subparagraph (a)1.e.
944 b. Satisfying obligations associated with the use,
945 receipt, or provision of standard custodial services.
946 c. Creating liquidity to meet reasonable expectations of
947 requests to redeem payment stablecoins, such that reserves in
948 the form of United States Treasury bills may be sold as
949 purchased securities for repurchase agreements with a maturity
950 of 93 days or less, provided that either:
951 (I) The repurchase agreements are cleared by a clearing
952 agency registered with the Securities and Exchange Commission;
953 or
954 (II) The qualified payment stablecoin issuer receives
955 prior approval from the office.
956 5. Engage a registered public accounting firm to conduct a
957 monthly examination of the previous month-end reserve report.
958 For purposes of this subparagraph, the term "registered public
959 accounting firm" means a public accounting firm registered with
960 the Public Company Accounting Oversight Board.
961 6. Submit to the office each month a certification as to
962 the accuracy of the month-end reserve report by the qualified
963 payment stablecoin issuer's chief executive officer and chief
964 financial officer. Whoever knowingly makes a false statement in
965 writing with the intent to mislead a public servant in the
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966 performance of his or her official duty commits a misdemeanor of
967 the second degree, punishable as provided in s. 775.082 or s.
968 775.083.
969 7. A qualified payment stablecoin issuer with more than
970 $50 billion in consolidated total outstanding issuance shall
971 prepare, in accordance with generally accepted accounting
972 principles, an annual financial statement, which shall include
973 disclosure of any related party transactions, as defined by such
974 generally accepted accounting principles.
975 a. A registered public accounting firm must perform an
976 audit of the annual financial statements.
977 b. Each qualified payment stablecoin issuer required to
978 prepare an audited annual financial statement must comply with
979 all of the following requirements:
980 (I) Make such audited financial statements publicly
981 available on the website of the permitted payment stablecoin
982 issuer; and
983 (II) Submit such audited financial statements annually to
984 the office.
985 8. Comply with any federal regulations or rules prescribed
986 by the commission relating to capital, liquidity, and risk
987 management requirements.
988 9. Engage only custodians or safekeepers that comply with
989 s. 10 of the GENIUS Act, Pub. L. No. 119-27.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

990 10. Comply with any other federal requirements of s. 4(a)
991 of the GENIUS Act, Pub. L. No. 119-27, and any implementing
992 federal regulations.
993 (b) A qualified payment stablecoin issuer is prohibited
994 from engaging in all of the following conduct:
995 1. Except as may be authorized under federal law, tying
996 arrangements that condition access to stablecoin services on the
997 purchase of unrelated products or services from such qualified
998 payment stablecoin issuer or an agreement not to obtain products
999 or services from a competitor.
1000 2. Using deceptive names, which includes, but is not
1001 limited to, any of the following:
1002 a. Using any combination of terms relating to the United
1003 States Government, except abbreviations directly related to the
1004 currency to which a payment stablecoin is pegged, such as "USD."
1005 b. Marketing a payment stablecoin in such a way that a
1006 reasonable person would perceive the payment stablecoin to be
1007 legal tender, as described in 31 U.S.C. s. 5103, issued by the
1008 United States, or guaranteed or approved by the United States
1009 Government.
1010 3. Unless authorized by federal law, paying the holder of
1011 any payment stablecoin any form of interest or yield solely in
1012 connection with holding, use, or retention of such payment
1013 stablecoin.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1014 (7) CERTIFICATION.—The office's initial certification and
1015 annual recertification submission to the federal Stablecoin
1016 Certification Review Committee pursuant to s. 560.505 must
1017 include any relevant information related to the provisions of
1018 this chapter in the office's request for certification or
1019 recertification of the state regulatory regime of payment
1020 stablecoins.
1021 (8) RULEMAKING.—The commission may adopt rules to
1022 administer this section as required in s. 13 of the GENIUS Act,
1023 Pub. L. No. 119-27. The commission must also adopt rules
1024 relating to capital, liquidity, and risk management which are
1025 consistent with s. 4(a)(4) of the GENIUS Act, Pub. L. No. 119-
1026 27. The commission may adopt rules establishing standards for
1027 the conduct, supervision, examination, and regulation of
1028 qualified payment stablecoin issuers, including requirements
1029 relating to reserves, customer-asset protection, reporting, and
1030 compliance in order to meet the minimum requirements established
1031 by the Stablecoin Certification Review Committee.
1032 Section 14. Except as otherwise expressly provided in this
1033 act, this act shall take effect upon becoming a law.
1034
1035
1036 -----------------------------------------------------
1037 T I T L E A M E N D M E N T
1038 Remove everything before the enacting clause and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1039 An act relating to payment stablecoin; amending s. 560.103,
1040 F.S.; revising the definition of the term "money services
1041 business"; defining terms; amending s. 560.123, F.S.;
1042 revising the Florida Control of Money Laundering in Money
1043 Services Business Act to include payment stablecoins;
1044 requiring certain payment stablecoin issuers to comply with
1045 certain regulations; requiring qualified payment stablecoin
1046 issuers to submit a specified certification to the Office
1047 of Financial Regulation annually; requiring the office to
1048 make such certifications available to the Secretary of the
1049 Treasury upon request; authorizing the office to revoke the
1050 license of qualified payment stablecoin issuers under
1051 certain circumstances; providing criminal penalties;
1052 amending s. 560.125, F.S.; revising the circumstances
1053 relating to violations of certain provisions; revising
1054 penalties; creating part V of ch. 560, F.S., entitled
1055 "Payment Stablecoin Issuers"; creating s. 560.501, F.S.;
1056 defining terms; prohibiting persons from engaging in the
1057 activity of a qualified payment stablecoin issuer without
1058 being licensed or exempted from licensure; requiring the
1059 office to give a specified written notice under certain
1060 circumstances; providing applicability; requiring out-of-
1061 state state-qualified payment stablecoin issuers to provide
1062 a specified written notice to the office within a specified
1063 timeframe; specifying that certain transactions are not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1064 regulated under certain provisions; specifying that certain
1065 stablecoin is not a security and not subject to certain
1066 provisions; requiring certain qualified payment stablecoin
1067 issuers to comply with certain requirements under certain
1068 circumstances; requiring certain qualified payment
1069 stablecoin issuers to provide a specified notice to the
1070 office; specifying that qualified payment stablecoin
1071 issuers are subject to certain provisions under certain
1072 circumstances; specifying that the office remains solely
1073 responsible for supervising qualified payment stablecoin
1074 issuers or is jointly responsible with the United States
1075 Office of the Comptroller of the Currency for such
1076 supervision under certain circumstances; authorizing the
1077 office to enter into an specified agreement; creating s.
1078 560.502, F.S.; requiring applicants seeking to be a
1079 qualified payment stablecoin issuer to submit a specified
1080 application to the office; specifying requirements of such
1081 application; requiring the office to comply with certain
1082 requirements; authorizing certain information to be
1083 incorporated into other licensing application forms;
1084 creating s. 560.503, F.S.; specifying that licensed
1085 qualified payment stablecoin issuers may only engage in
1086 certain activities; creating s. 560.504, F.S.; requiring
1087 qualified payment stablecoin issuers to comply with certain
1088 requirements; providing criminal penalties; prohibiting
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1089 qualified payment stablecoin issuers from engaging in
1090 certain conduct; creating s. 560.505, F.S.; requiring the
1091 office to submit initial certification to a specified
1092 committee on a specified form in accordance with a
1093 specified timeline; requiring the office to submit a
1094 specified additional certification no later than a
1095 specified date; requiring the office to comply with certain
1096 requirements; creating s. 560.506, F.S.; requiring the
1097 Financial Services Commission to adopt specified rules;
1098 amending s. 655.50, F.S.; revising the definition of the
1099 term "monetary instruments"; requiring qualified payment
1100 stablecoin issuers to comply with certain provisions;
1101 requiring qualified payment stablecoin issuers to submit to
1102 the office a specified certification no later than a
1103 specified date; requiring the office to make such
1104 certification available to the Secretary of the Treasury
1105 upon request; authorizing the office to revoke the license
1106 of qualified payment stablecoin issuers under certain
1107 circumstances; providing criminal penalties; amending s.
1108 658.19, F.S.; revising the application requirements for the
1109 application for authority to organize a bank or trust
1110 company; creating s. 658.997, F.S.; defining terms;
1111 prohibiting a trust company from engaging in the activity
1112 of a qualified payment stablecoin issuer unless the trust
1113 company obtains a certificate of approval or is exempted
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1114 from such certificate; requiring a trust company to request
1115 a specified certificate in conjunction with a specified
1116 application to obtain such certificate or apply for the
1117 certificate; specifying application requirements; requiring
1118 the office to comply with certain requirements; requiring
1119 that the application be deemed approved under certain
1120 circumstances; providing that the denial of an application
1121 does not prohibit an applicant from filing a subsequent
1122 application; specifying that the failure to comply with
1123 certain provisions is considered good cause for revocation
1124 of a certificate of approval; requiring the office to give
1125 a specified notice to a qualified payment stablecoin issuer
1126 within a specified timeframe; providing applicability;
1127 requiring out-of-state state-qualified payment stablecoin
1128 issuers to provide a specified written notice to the office
1129 within a specified timeframe; specifying that certain
1130 transactions are not regulated under certain provisions;
1131 specifying that certain stablecoin is not a security and
1132 not subject to certain provisions; requiring certain
1133 qualified payment stablecoin issuers to comply with certain
1134 requirements under certain circumstances; requiring certain
1135 qualified payment stablecoin issuers to provide a specified
1136 notice to the office; specifying that qualified payment
1137 stablecoin issuers are subject to certain provisions under
1138 certain circumstances; specifying that the office remains
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 175 (2026)
Amendment No.

1139 solely responsible for supervising qualified payment
1140 stablecoin issuers or is jointly responsible with the
1141 United States Office of the Comptroller of the Currency for
1142 such supervision under certain circumstances; authorizing
1143 the office to enter into an specified agreement;
1144 authorizing qualified payment stablecoin issuers to engage
1145 in certain activities; requiring qualified payment
1146 stablecoin issuers to comply with certain requirements;
1147 prohibiting qualified payment stablecoin issuers from
1148 engaging in certain conduct; requiring that the office's
1149 initial and annual recertification include certain
1150 information; providing for certain rule adoption by the
1151 commission; providing effective dates.

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CS/HB 311
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 311 COMPANION BILL: SB 1672 (McClain)
TITLE: Tax Credits for Contributions to Assist LINKED BILLS: None
Homebuyers RELATED BILLS: None
SPONSOR(S): Edmonds
Committee References
Ways & Means Commerce
18 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill creates a new Homebuyer Workforce Tax Credit which can be applied against Corporate Income Tax or
Insurance Premium Tax liability for contributions made by taxpayers to their own employees with income below
specified limits to assist with the purchase of a homestead property. The tax credit program is capped at $5 million
per year for three years. The bill provides additional administrative guidance, provides permanent and emergency
rulemaking authority to the Department of Revenue, and makes conforming changes.

Fiscal or Economic Impact:
The Revenue Estimating Conference has not estimated the impact of the bill on state or local government revenues.
Staff estimates that the bill will have a negative impact on General Revenue of $5 million for each of fiscal years
2026-27, 2027-28, and 2028-29.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates the Homebuyer Workforce Tax Credit in new statute section 420.952, F.S. The credit can be applied
against Corporate Income Tax or Insurance Premium Tax liability for contributions made by taxpayers to their own
employees with income below specified limits1 to assist with the purchase of a primary residence used as a
homestead property (up to $5,000 per employee). (Section 3)

The tax credit program is capped at $5 million per year for three years, and is to be approved on a first-come, first-
served basis. Each taxpayer is limited to a credit of $500,000 per taxable year. Any credit that is unused by the
taxpayer may be carried forward up to five years. The program will be administered by the Department of
Revenue, which must begin accepting applications October 1, 2026.

The bill provides additional administrative guidance and makes conforming changes to implement the credit
program as follows:
 The bill creates a new part VIII of Chapter 420, F.S., to contain provisions related to Housing Tax Credits.
(Section 1)
 The bill creates new section 420.951, F.S., to provide definitions related to Housing Tax Credits. (Section 2)
 The bill creates new section 220.1856, F.S., to provide for a credit against corporate income tax for
contributions made pursuant to new section 420.952, F.S. This section also clarifies application of the credit
for taxpayers filing a consolidated return and for taxpayers filing extended returns under existing law.
(Section 4)

1 The bill specifies that eligible employees must be “moderate-income” as defined in defined in s. 420.602(9), F.S.

STORAGE NAME: h0311a.COM
DATE: 2/20/2026
1
CS/HB 311
 The bill provides statutory guidance for the order in which the new credit should be taken against
corporate income tax. (Section 5)
 The bill requires the amount of the credit be added to the taxpayer’s taxable income, to ensure the taxpayer
does not receive both a deduction and a credit for the same contribution. (Section 6)
 The bill creates new section 624.51065, F.S., to provide for a credit against insurance premium taxes for
contributions made pursuant to new section 420.952, F.S. (Section 7)
 The bill provides emergency rulemaking authority to the Department of Revenue to implement the
program. (Section 8)

The bill is effective July 1, 2026, other than the emergency rulemaking provision which is effective upon becoming
a law.

RULEMAKING:
The bill provides both permanent and emergency rulemaking authority to the Department of Revenue to
implement the provisions of the credit program. The emergency rulemaking authority expires July 1, 2029.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has not estimated the impact of the bill on state or local government revenues.
Staff estimates that the bill will have a negative impact on General Revenue of $5 million for each of fiscal years
2026-27, 2027-28, and 2028-29.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Corporate Income Tax

Florida levies a 5.5 percent tax on the taxable income of corporations and financial institutions doing business in
Florida.3 Florida utilizes the taxable income determined for federal income tax purposes as a starting point to
determine the total amount of Florida corporate income tax due.4 This means that a corporation paying taxes in
Florida generally receives the same benefits from deductions allowed when determining taxable income for federal
tax purposes as it does when determining taxable income for state taxation purposes, unless the state chooses not
to adopt specific federal provisions.

Insurance Premium Taxes

Florida imposes a 1.75 percent tax on most Florida insurance premiums, a 1 percent tax on annuity premiums, and
a 1.6 percent tax on self-insurers.5 In addition, some insurers pay a retaliatory tax to the extent the insurer's state
of domicile would impose a greater tax burden than Florida imposes.

2 Florida Housing Finance Corporation, Analysis of 2026 House Bill 311, p.4 (Jan. 5, 2026).
3 Section 220.11(2), F.S.
4 Section 220.12, F.S.
5 Section 624.509(1), F.S., and s. 624.4621(7), F.S.

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CS/HB 311
Insurance premium taxes are paid by insurance companies under ch. 624, F.S., and are remitted to the Department
of Revenue. These revenues are distributed to the General Revenue Fund with additional distributions to the
Insurance Regulatory Trust Fund, the Police & Firefighters Premium Tax Trust Fund, and the Emergency
Management Preparedness & Assistance Trust Fund.

Moderate Income

Florida statutes lay out separate income thresholds for different levels of affordable housing.6 These thresholds
are all based on the “adjusted gross income” of a household, which includes all wages, assets, contributions, and
gifts earned by or made to a household, adjusted for family size, less deductions allowable under the definition of
“adjusted gross income”7 for federal tax purposes.8
Moderate income9 means that the total annual household income does not exceed 120 percent of the median
annual adjusted gross income for households within the greatest of the state, the metropolitan area where the
household resides, or, if not within a metropolitan area, then within the county in which the person or family
resides.

Homestead Property

Homestead property is real estate (real property) for which a person, on January 1, has the legal or beneficial title
and who in good faith makes the property his or her permanent residence (or the permanent residence of another
legally or naturally dependent on him or her).10 The property may be owned jointly, as tenancy by the entireties, or
otherwise in common with others, and can be apportioned among such shared owners.11 Only one homestead
exemption is allowed to any one person or on any one dwelling house.12 Individual condominium owners,
however, can each qualify for a separate homestead designation.13

Homestead properties may qualify for a number of benefits related to ad valorem (property) taxes, including an
exemption on the first $25,000 of assessed value of the property that is applicable to all ad valorem tax levies,
including levies by school districts.14 An additional $25,000 exemption applies to the assessed value of homestead
property greater than $50,000.15 This exemption is adjusted annually for inflation16 and does not apply to ad
valorem taxes levied by school districts.17

Homestead properties also benefit from a provision in the Florida Constitution that limits the annual increase in
the assessed value of the property to the lower of three percent or the percent change in the Consumer Price Index
for the preceding calendar year.18

6 Section 420.0004(3), F.S.
7 26 U.S.C. § 62.
8 Section 420.0004(2), F.S.
9 Section 420.0004(12), F.S.
10 FLA. CONST. art. VII, s. 6(a) and s. 196.031(1)(a), F.S.
11 S. 196.031(1)(a), F.S.
12 Id.
13 Id.
14 FLA. CONST. art. VII, s. 6(a) and s. 196.031, F.S.
15 S. 196.031(1)(b), F.S.
16 FLA. CONST. art VII, s. 6(a)(3) and s. 196.031(1)(b), F.S. In 2026, the adjusted value of this exemption is $26,411. See

https://floridarevenue.com/property/Documents/cpi_homestead_exemption.pdf (last visited 1/16/2026).
17 FLA. CONST. art. VII, s. 6(a)(1)b. and s. 196.031(1)(b), F.S.
18 FLA. CONST. art. VII, s. 4(d)(1) and s. 193.155, F.S.

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CS/HB 311
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 18 Y, 0 N, As CS 2/10/2026 Aldridge Berg

THE CHANGES ADOPTED BY THE  Moved language creating the credit from Chapter 212, F.S. (Sales and
COMMITTEE: Use Tax) to Chapters 420, F.S. (Housing), 220, F.S. (Corporate Income
Tax) and 624, F.S. (Insurance), to align with provisions of the program.
 Limited the program to contributions made to a taxpayer’s own
employees who meet the definition of a moderate-income person and
who establish a homestead in Florida.
 Created a per-taxpayer credit limit of $500,000 per year.
 Made technical and conforming changes to ensure the proper operation
of the proposed tax credit.
Commerce Committee Hamon Rodriguez

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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 311 2026

1 A bill to be entitled
2 An act relating to tax credits for contributions to
3 assist homebuyers; providing a directive to the
4 Division of Law Revision; creating part VII of ch.
5 420, F.S.; creating s. 420.951, F.S.; defining terms;
6 creating s. 420.952, F.S., authorizing certain
7 taxpayers to receive a tax credit for specified
8 contributions; providing requirements for the use of
9 such credit; requiring a taxpayer to submit a certain
10 application beginning on a specified date; requiring
11 the application include specified information and
12 documentation; authorizing the tax credit to be used
13 against certain taxes; requiring the Department of
14 Revenue to approve applications in a specified manner;
15 providing the maximum amount of credits authorized for
16 specified fiscal years; authorizing unused credits to
17 carryforward for a specified period of time in certain
18 circumstances; prohibiting the sale or transfer of
19 certain tax credits; authorizing the department to
20 adopt rules; providing for future repeal; providing
21 construction; creating s. 220.1856, F.S.; providing a
22 credit against the corporate income tax for certain
23 contributions beginning on a specified date;
24 authorizing the credit on a consolidated return basis
25 under certain circumstances; providing applicability;

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26 amending s. 220.02, F.S.; revising the order in which
27 certain credits are intended to be applied to
28 incorporate changes made by the act; amending s.
29 220.13, F.S.; requiring the addition of the amount
30 taken for a specified credit to taxable income;
31 creating s. 624.51065, F.S.; providing a credit
32 against insurance premium taxes for certain
33 contributions beginning on a specified date; providing
34 construction; providing applicability; authorizing the
35 department to adopt emergency rules; providing for
36 future repeal; providing effective dates.
37
38 Be It Enacted by the Legislature of the State of Florida:
39 Section 1. The Division of Law Revision is directed to
40 create part VIII of chapter 420, Florida Statutes, consisting of
41 ss. 420.951 and 420.952, Florida Statutes, to be entitled
42 "Housing Tax Credits."
43 Section 2. Section 420.951, Florida Statutes, is created
44 to read:
45 420.951 Definitions.—As used in this part, the term:
46 (1) "Department" means the Department of Revenue.
47 (2) "Eligible employee" means a full-time employee who:
48 (a) Has established permanent residency in the state;
49 (b) Is a moderate-income person as that term is defined in
50 s. 420.602; and

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51 (c) Has not owned property to which the homestead
52 exemption provided in s. 196.031(1)(a) applied in the 3 calendar
53 years before such purchase.
54 (3) "Eligible expenses" means a down payment or any
55 closing costs related to a qualifying home purchase.
56 (4) "Eligible taxpayer" means a taxpayer as defined in s.
57 220.03(1)(z) or an insurer as defined in s. 624.509(9) who has
58 operated in the state for at least 3 consecutive years.
59 (5) "Employer contribution" means a monetary contribution
60 of at least $1,000 from an employer to its employee pursuant to
61 this part.
62 (6) "Qualifying home purchase" means the purchase of a
63 property by an eligible employee for use as his or her primary
64 residence.
65 (7) "Maximum annual tax credit amount" means, for any
66 state fiscal year, the sum of the amount of tax credits approved
67 under s. 420.952, including tax credits to be taken under s.
68 220.1856 or s. 624.51065, which the department may approve for
69 taxpayers whose taxable years begin on or after January 1 of the
70 calendar year preceding the start of the applicable state fiscal
71 year.
72 (8) "Tax due" means any tax required under chapter 220 or
73 chapter 624.
74 Section 3. Section 420.952, Florida Statutes, is created
75 to read:

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76 420.952 Homebuyer Workforce Tax Credit.—
77 (1) An eligible taxpayer may receive a credit against any
78 tax due, up to $500,000 per taxable year, for 100 percent of an
79 employer contribution to an eligible employee to pay for
80 eligible expenses related to a qualifying home purchase. An
81 eligible taxpayer may not receive more than $5,000 of credit for
82 employer contributions made to a single employee.
83 (2) The credit shall be first applied to the taxable year
84 in which the contribution is made. If a tax credit approved
85 under this section is not fully used for the specified taxable
86 year because of insufficient tax liability on the part of the
87 eligible taxpayer, the unused amount may be carried forward for
88 a period not to exceed 5 taxable years. For purposes of s.
89 220.1856, the carryover credit may be used in a subsequent year
90 after applying the other credits and unused credit carryovers in
91 the order provided in s. 220.02(8).
92 (3) The total credit taken by an eligible taxpayer in a
93 single taxable year may not exceed the total of the credit
94 approved by the department pursuant to subsection (4).
95 (4) Beginning October 1, 2026, an eligible taxpayer may
96 submit an application to the department for the purposes of
97 determining qualification for a credit under this section. The
98 department must approve the application for the credit before
99 the eligible taxpayer is authorized to claim the credit on a
100 return.

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101 (a) An application must include, on a form prescribed by
102 the department, documentation including:
103 1. A statement signed under oath by the eligible employee
104 that he or she received the eligible contribution, that the
105 employee's household met the applicable income limitation, and
106 that such contribution was used for a qualifying home purchase.
107 2. Evidence that the eligible employee has been approved
108 by the property appraiser for a homestead exemption on the
109 applicable property.
110 3. Any other information the department requires to verify
111 qualification for the credits authorized under subsection (1).
112 (b) The eligible taxpayer shall specify in the application
113 each tax for which the taxpayer requests a credit and the
114 applicable taxable year. For purposes of s. 220.1856, a taxpayer
115 may apply for a credit to be used for a prior taxable year
116 before the date the taxpayer is required to file a return for
117 that year pursuant to s. 220.222. For purposes of s. 624.51065,
118 a taxpayer may apply for a credit to be used for a prior taxable
119 year before the date the taxpayer is required to file a return
120 for that prior taxable year pursuant to ss. 624.509 and
121 624.5092.
122 (5) The department shall approve applications on a first-
123 come, first-served basis within 30 days after receipt of a
124 completed application. Within 10 days after approving or denying
125 an application, the department shall provide a copy of its

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126 approval or denial letter to the taxpayer. If the department
127 determines that an application is incomplete, the department
128 shall notify the taxpayer in writing and the taxpayer shall have
129 30 days after receiving such notification to correct any
130 deficiency. If corrected in a timely manner, the application
131 must be deemed completed as of the date the application was
132 first submitted.
133 (6) For purposes of calculating the underpayment of
134 estimated corporate income taxes under s. 220.34 and tax
135 installment payments for taxes on insurance premiums or
136 assessments under s. 624.5092, the final amount due is the
137 amount after credits earned under s. 220.1856 or s. 624.51065
138 are deducted.
139 (a) For purposes of determining if a penalty or interest
140 under s. 220.34(2)(d)1. will be imposed for underpayment of
141 estimated corporate income tax, a taxpayer may, after earning a
142 credit under s. 220.1856, reduce any estimated payment in that
143 taxable year by the amount of the credit.
144 (b) For purposes of determining if a penalty under s.
145 624.5092 will be imposed, an insurer, after earning a credit
146 under s. 624.51065 for a taxable year, may reduce any
147 installment payment for such taxable year of 27 percent of the
148 amount of the net tax due as reported on the return for the
149 preceding year under s. 624.5092(2)(b) by the amount of the
150 credit.

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151 (7) For state fiscal years 2026-2027, 2027-2028, and 2028-
152 2029, the maximum annual tax credit amount is $5 million.
153 (8) An eligible taxpayer may not convey, transfer, or
154 assign an approved tax credit or carryforward tax credit to
155 another entity.
156 (9) The department may adopt rules necessary to administer
157 this section, including rules establishing application forms,
158 procedures governing the approval and carryforward of tax
159 credits, and procedures to be followed by taxpayers when
160 claiming approved tax credits on their returns.
161 (10)(a) This section is repealed January 1, 2030, unless
162 reviewed and saved from repeal through reenactment by the
163 Legislature.
164 (b) Notwithstanding the repeal of this section contained in
165 paragraph (a), carryover credits authorized under subsection (2)
166 remain valid until their scheduled expiration.
167 Section 4. Section 220.1856, Florida Statutes, is created
168 to read:
169 220.1856 Homebuyer Workforce Tax Credit.—
170 (1) For taxable years beginning on or after January 1,
171 2027, there is allowed a credit of 100 percent of an eligible
172 contribution made under s. 420.952 against any tax due for a
173 taxable year under this chapter. An eligible contribution must
174 be made on or before the date the taxpayer is required to file a
175 return pursuant to s. 220.222.

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176 (2) A taxpayer who files a Florida consolidated return as
177 a member of an affiliated group pursuant to s. 220.131(1) may be
178 allowed the credit on a consolidated return basis.
179 (3) Section 420.952 applies to the credit authorized by
180 this section.
181 (4) If a taxpayer applies and is approved for a credit
182 under s. 420.952 after timely requesting an extension to file
183 under s. 220.222(2):
184 (a) The credit does not reduce the amount of tax due for
185 purposes of the department's determination as to whether the
186 taxpayer was in compliance with the requirement to pay tentative
187 taxes under ss. 220.222 and 220.32.
188 (b) The taxpayer's noncompliance with the requirement to
189 pay tentative taxes shall result in the revocation and
190 rescindment of any such credit.
191 (c) The taxpayer shall be assessed for any taxes,
192 penalties, or interest due from the taxpayer's noncompliance
193 with the requirement to pay tentative taxes.
194 Section 5. Subsection (8) of section 220.02, Florida
195 Statutes, is amended to read:
196 220.02 Legislative intent.—
197 (8) It is the intent of the Legislature that credits
198 against either the corporate income tax or the franchise tax be
199 applied in the following order: those enumerated in s. 631.828,
200 those enumerated in s. 220.191, those enumerated in s. 220.181,

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201 those enumerated in s. 220.183, those enumerated in s. 220.182,
202 those enumerated in s. 220.1895, those enumerated in s. 220.195,
203 those enumerated in s. 220.184, those enumerated in s. 220.186,
204 those enumerated in s. 220.1845, those enumerated in s. 220.19,
205 those enumerated in s. 220.185, those enumerated in s. 220.1875,
206 those enumerated in s. 220.1876, those enumerated in s.
207 220.1877, those enumerated in s. 220.18775, those enumerated in
208 s. 220.1878, those enumerated in s. 288.062, those enumerated in
209 former s. 288.9916, those enumerated in former s. 220.1899,
210 those enumerated in former s. 220.194, those enumerated in s.
211 220.196, those enumerated in s. 220.198, those enumerated in s.
212 220.1915, those enumerated in s. 220.199, those enumerated in s.
213 220.1991, and those enumerated in s. 220.1992, and those
214 enumerated in s. 220.1856.
215 Section 6. Paragraph (a) of subsection (1) of section
216 220.13, Florida Statutes, is amended to read:
217 220.13 "Adjusted federal income" defined.—
218 (1) The term "adjusted federal income" means an amount
219 equal to the taxpayer's taxable income as defined in subsection
220 (2), or such taxable income of more than one taxpayer as
221 provided in s. 220.131, for the taxable year, adjusted as
222 follows:
223 (a) Additions.—There shall be added to such taxable
224 income:
225 1.a. The amount of any tax upon or measured by income,

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226 excluding taxes based on gross receipts or revenues, paid or
227 accrued as a liability to the District of Columbia or any state
228 of the United States which is deductible from gross income in
229 the computation of taxable income for the taxable year.
230 b. Notwithstanding sub-subparagraph a., if a credit taken
231 under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is
232 added to taxable income in a previous taxable year under
233 subparagraph 11. and is taken as a deduction for federal tax
234 purposes in the current taxable year, the amount of the
235 deduction allowed shall not be added to taxable income in the
236 current year. The exception in this sub-subparagraph is intended
237 to ensure that the credit under s. 220.1875, s. 220.1876, s.
238 220.1877, or s. 220.1878 is added in the applicable taxable year
239 and does not result in a duplicate addition in a subsequent
240 year.
241 2. The amount of interest which is excluded from taxable
242 income under s. 103(a) of the Internal Revenue Code or any other
243 federal law, less the associated expenses disallowed in the
244 computation of taxable income under s. 265 of the Internal
245 Revenue Code or any other law, excluding 60 percent of any
246 amounts included in alternative minimum taxable income, as
247 defined in s. 55(b)(2) of the Internal Revenue Code, if the
248 taxpayer pays tax under s. 220.11(3).
249 3. In the case of a regulated investment company or real
250 estate investment trust, an amount equal to the excess of the

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251 net long-term capital gain for the taxable year over the amount
252 of the capital gain dividends attributable to the taxable year.
253 4. That portion of the wages or salaries paid or incurred
254 for the taxable year which is equal to the amount of the credit
255 allowable for the taxable year under s. 220.181. This
256 subparagraph shall expire on the date specified in s. 290.016
257 for the expiration of the Florida Enterprise Zone Act.
258 5. That portion of the ad valorem school taxes paid or
259 incurred for the taxable year which is equal to the amount of
260 the credit allowable for the taxable year under s. 220.182. This
261 subparagraph shall expire on the date specified in s. 290.016
262 for the expiration of the Florida Enterprise Zone Act.
263 6. The amount taken as a credit under s. 220.195 which is
264 deductible from gross income in the computation of taxable
265 income for the taxable year.
266 7. That portion of assessments to fund a guaranty
267 association incurred for the taxable year which is equal to the
268 amount of the credit allowable for the taxable year.
269 8. In the case of a nonprofit corporation which holds a
270 pari-mutuel permit and which is exempt from federal income tax
271 as a farmers' cooperative, an amount equal to the excess of the
272 gross income attributable to the pari-mutuel operations over the
273 attributable expenses for the taxable year.
274 9. The amount taken as a credit for the taxable year under
275 s. 220.1895.

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276 10. Up to nine percent of the eligible basis of any
277 designated project which is equal to the credit allowable for
278 the taxable year under s. 220.185.
279 11. Any amount taken as a credit for the taxable year
280 under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The
281 addition in this subparagraph is intended to ensure that the
282 same amount is not allowed for the tax purposes of this state as
283 both a deduction from income and a credit against the tax. This
284 addition is not intended to result in adding the same expense
285 back to income more than once.
286 12. The amount taken as a credit for the taxable year
287 under s. 220.196. The addition in this subparagraph is intended
288 to ensure that the same amount is not allowed for the tax
289 purposes of this state as both a deduction from income and a
290 credit against the tax. The addition is not intended to result
291 in adding the same expense back to income more than once.
292 13. The amount taken as a credit for the taxable year
293 pursuant to s. 220.198.
294 14. The amount taken as a credit for the taxable year
295 pursuant to s. 220.1915.
296 15. The amount taken as a credit for the taxable year
297 pursuant to s. 220.199.
298 16. The amount taken as a credit for the taxable year
299 pursuant to s. 220.1991.
300 17. The amount taken as a credit for the taxable year

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301 pursuant to s. 220.1856, which was deducted in the computation
302 of taxable income for the taxable year.
303 Section 7. Section 624.51065, Florida Statutes, is created
304 to read:
305 624.51065 Homebuyer Workforce Tax Credit.—
306 (1) For taxable years beginning on or after January 1,
307 2027, there is allowed a credit of 100 percent of an eligible
308 contribution made under s. 420.952 against any tax due for a
309 taxable year under this chapter after deducting from such tax
310 credits and deductions in the order provided in s. 624.509(7).
311 (2) An eligible contribution must be made on or before the
312 date the taxpayer is required to file a return pursuant to ss.
313 624.509 and 624.5092. An insurer claiming a credit against
314 premium tax liability under this section is not required to pay
315 any additional retaliatory tax levied under s. 624.5091 as a
316 result of claiming such credit. Section 624.5091 does not limit
317 such credit in any manner.
318 (3) Section 420.952 applies to the credit authorized by
319 this section.
320 Section 8. (1) The Department of Revenue is authorized,
321 and all conditions are deemed met, to adopt emergency rules
322 under s. 120.54(4), Florida Statutes, for the purpose of
323 implementing provisions related to the creation of the Homebuyer
324 Workforce Tax Credit by this act. Notwithstanding any other law,
325 emergency rules adopted under this section are effective for 6

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326 months after adoption and may be renewed during the pendency of
327 procedures to adopt permanent rules addressing the subject of
328 the emergency rules.
329 (2) This section shall take effect upon becoming a law and
330 expires July 1, 2029.
331 Section 9. Except as otherwise expressly provided by this
332 act and except for this section, which shall take effect upon
333 becoming a law, this act shall take effect July 1, 2026.

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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 741 COMPANION BILL: SB 998 (Yarborough)
TITLE: Department of Commerce LINKED BILLS: None
SPONSOR(S): Owen RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
16 Y, 0 N, As CS  Development Budget 
15 Y, 0 N

SUMMARY
Effect of the Bill:
The bill addresses various matters related to community, workforce, and economic development and the Florida
Department of Commerce (Department). The bill revises provisions related to:
 The acquisition of state lands for the purpose of buffering a military installation against encroachment;
 The Rural Economic Development Initiative;
 The Florida Small Cities Community Development Block Grant Program;
 Florida Is For Veterans, Inc.; and
 Employment eligibility and verification.

Fiscal or Economic Impact:
The bill appears to have an indeterminate impact on state expenditures. However, the Department should be able
to manage these new responsibilities within existing resources. The bill may have an indeterminate, positive
impact on local governments due to reduced administrative processes.
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ANALYSIS
EFFECT OF THE BILL:
Acquisition of State Lands for Military Buffers

The bill exempts from the requirement that certain lands buffering a military installation against encroachment
revert back to the Board of Trustees of the Internal Improvement Fund if the land is not used for its intended
purposes as a buffer for a military installation, even if the specific military mission, use, or function of the land is
modified or changed. (Section 1)

Rural Economic Development Initiative

The bill redefines what qualifies as a “rural community” for purposes of the Rural Economic Development Initiative
(REDI) by: providing that an unincorporated area which has a population of 25,000 or fewer and which meets
three or more economic distress factors may qualify as a rural community for REDI; removing unincorporated
federal enterprise communities and incorporated rural cities with a population of 25,000 or fewer and an
employment base focused on traditional agricultural or resource-based industries, located in a county not defined
as rural, from the definition of a “rural community.” (Section 2)

Community Development Block Grant Program

The bill replaces the Florida Small Cities Community Development Block Grant Program with the Community
Development Block Grant Program (Program). (Sections 3, 4, and 5)
STORAGE NAME: h0741d.COM
DATE: 2/20/2026
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The bill repeals the following program provisions: (Section 3)
 S. 290.0411, F.S., relating to legislative intent and purpose.
 S. 290.042, F.S., relating to definitions.
 S. 290.0455, F.S., relating to the Small Cities Community Development Block Grant Loan Guarantee
Program.
 S. 290.046, F.S., relating to procedures and requirements for grant applications.
 S. 290.047, F.S., relating to grant ceilings and maximum administrative cost percentages, elimination of
population bias, and loans in default.
 S. 290.0475, F.S., relating to circumstances when grant applications are ineligible for funding.
 S. 290.048, F.S., relating to powers of the Department of Commerce (Department) to carry out the purposes
and provisions of the program.

The bill designates the Department as the state agency to receive federal funding from the U.S. Department of
Housing and Urban Development (HUD) and to administer the Program. The bill allows the Department to award
grants under the Program consistent with the purposes and requirements of the Housing and Community
Development Act of 1974, as amended, and applicable federal regulations (Act). The Department may expend
funds received from HUD consistent with the Act. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for
necessary expenses related to disaster recovery, long-term recovery, and restoration of infrastructure in impacted
and distressed areas arising from the consequences of a federally declared disaster, the Department must
administer such funding in accordance with the federal law authorizing such funding, including any implementing
guidance or regulations adopted by HUD. (Section 5)

The bill provides that, if, in any year, the Department receives additional federal funding through HUD for any
purpose not specifically provided in the bill, the Department must administer such funding in accordance with the
law authorizing such funding, including any implementing guidance or regulations adopted by HUD. (Section 5)

The bill allows the Department to adopt rules to administer the program. (Section 5)

Employment Verification

The bill clarifies and adds procedures for enforcing employment verification and eligibility procedures.

The bill creates the following definitions related to employment verification: (Section 6)
 "Employer" means any person, firm, company, corporation, association, joint stock company, partnership,
organization, or other legal entity, or any agent thereof, which engages one or more individuals to perform
labor or services in this state in exchange for salary, wages, or other remuneration. The term does not
include:
o An occupant or owner of a private residence with respect to an individual hired for casual labor, as
defined in s. 443.036, F.S., which is to be performed entirely within that private residence.
o A person or entity solely with respect to its engagement of an independent contractor, as defined in
federal laws or regulations.
 "Noncompliance" means:
o The failure of an employer to verify a new employee's employment eligibility through the E-Verify
system.
o An employer's failure to timely provide, upon request by a specified government entity, copies of
the documentation the employer relied upon to verify a new employee's employment eligibility.

The bill requires employers to maintain an E-Verify case for each employee which verifies the employee's
employment eligibility. (Section 6)

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The bill provides that if an employer fails to provide requested documentation that was relied upon by the
employer for the verification of a new employee’s employment eligibility within 30 days after a request made by
specified government entities, it constitutes noncompliance. Each failure to timely provide the documentation
constitutes a noncompliance event for the application of fines. (Section 6)

If the Department has a reasonable basis to believe that an employer failed to use the E-Verify system to verify the
employment eligibility of employees, then the Department must, before the imposition of a fine or suspension of
licenses, issue an initial notification of noncompliance to the employer. (Section 6)

The bill provides that an employer's failure to provide copies of any documentation relied upon by the employer
for the verification of a new employee's employment eligibility to the specified government entities constitutes a
reasonable basis that an employer failed to use the E-Verify system. The Department must notify the employer that
it must cure the noncompliance within 30 days after the date of the initial notification. The Department, for good
cause shown by the employer, may grant the employer an additional 30 days to cure the noncompliance. If the
employer does not timely cure the noncompliance, the Department shall issue a final determination of
noncompliance to the employer, which is subject to Ch. 120, F.S., the Administrative Procedure Act (APA). If the
employer requests a hearing, the hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S., except that the
order of an administrative law judge is a final order and reviewable under s. 120.68, F.S. (Section 6)

If the Department determines that an employer failed to use the E-Verify system and the employer failed to cure
the noncompliance, then the Department must impose a fine of $1,000 for each employee who is not verified,
rather than a fine of $1,000 per day until the employer provides the Department with sufficient proof that the
noncompliance was cured after failing to use the E-Verify system three times in a 24-month period. Any
subsequent noncompliance by the employer after the final determination of noncompliance constitutes grounds
for the suspension of all licenses issued by a licensing agency until the noncompliance is cured, subject to the APA.
(Section 6)

The bill provides that to cure noncompliance, the employer must: (Section 6)
 Register with the E-Verify system if the employer is not already registered.
 Use the E-Verify system or the Employment Eligibility Verification form (Form I-9) to properly verify the
employment eligibility of each employee.
 Provide an E-Verify case result for each employee which verifies the employee's employment eligibility.
 Provide an affidavit to the Department, under penalty of perjury, that all instances of noncompliance have
been corrected and that the employer is now in full compliance.

The bill provides that, in addition to any fines, the Department is entitled to recover the reasonable costs of
investigation and prosecution if the employer is found to have violated employment eligibility provisions. The
court determines the amount of costs to be assessed after its consideration of an affidavit of itemized costs and any
written objections to the affidavit. If the assessed costs are not paid within 60 days after assessment, the
Department may contract for the collection of such costs, in which case any fees charged by the collection agent
may be added to the amount recovered from the employer, or the Department may bring a civil action to recover
such costs, in which case the Department is also entitled to recover reasonable attorney fees and court costs
incurred in such action. All recovered costs, including additional amounts recovered for collection efforts, must be
deposited into the State Economic Enhancement and Development Trust Fund. (Section 6)

The bill provides that the Department may not investigate a complaint that is based solely on race, color, or
national origin. (Section 6)

The bill changes the date on which the E-Verify provision expires. The bill provides that the provision expires after
the E-Verify system is no longer provided or maintained by the Federal Government, or when the Federal
Government requires the use of the E-Verify system by all employers in the United States, rather than 60 days after

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the E-Verify system is no longer a pilot program, and the Federal Government requires the use of the E-Verify
system by all employers in the United States. (Section 6)

The bill provides a presumption that an employer knowingly employs an unauthorized alien when the employer is
aware of the unauthorized alien's unauthorized status or fails to take reasonable steps to verify the unauthorized
alien's employment eligibility after being made aware of potential violations. (Section 7)

The bill provides that if the Department finds or is notified by a specified government entity that an employer has
knowingly employed an unauthorized alien, then the Department must provide the employer with a written
determination subject to the APA. If the employer requests a hearing, the hearing shall be held pursuant to ss.
120.569 and 120.57(1), F.S., except that the order of an administrative law judge is a final order and reviewable
under s. 120.68, F.S. The bill removes a redundant provision. (Section 7)

When an employer is on probation for a violation of s. 448.09, F.S., the bill requires the employer to submit an
affidavit on or before the last day of each quarter that affirms the employer is not employing any unauthorized
aliens and is in compliance with employment verification laws. The first quarter starts from the issuance date of
the final order. Each subsequent quarter starts 90 days after the previous quarter. The Department may enforce
compliance by filing a petition for enforcement with the circuit court in Leon County, and the venue for all such
actions is in Leon County. (Section 7)

When any violation of s. 448.09, F.S., takes place within 24 months after a previous violation, constituting grounds
for the suspension or revocation of all licenses, the bill requires the Department to provide the employer with a
written determination subject to the APA. The hearing shall be held pursuant to ss. 120.569 and 120.57(1), F.S.,
except that the order of the administrative law judge is a final order and appealable pursuant to s. 120.68, F.S.
(Section 7)

The bill allows the Department to adopt rules necessary to establish procedures for reporting, enforcement,
compliance, noncompliance, license suspension, and the application of fines, as well as any other rules required for
effective enforcement and administration of employment eligibility and employment of unauthorized alien
provisions. (Sections 6 and 7)

Miscellaneous Provisions

The bill makes a conforming change. (Section 8)

The bill provides an effective date of July 1, 2026. (Section 9)

RULEMAKING:
The bill gives rulemaking authority to the Department to administer the Community Development Block Grant
Program and for enforcement of employment verification requirements.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill does not appear to have an impact on state revenues, and any fiscal impacts on the Department are
expected to be minimal and absorbed within existing resources. While the Department is granted rulemaking and
enforcement authority, these activities align with current responsibilities. Streamlining the Community

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Development Block Grant Program framework may improve administrative efficiency without increasing overall
costs.1

LOCAL GOVERNMENT:
According to the Department, the bill reduces administrative processes which may deliver a positive fiscal impact
to local governments. Local governments may experience reduced administrative and consulting expenses due to
fewer procedural requirements.2

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Commerce

The Department of Commerce (Department) was formed to assist the Governor in working with the Legislature,
state agencies, business leaders, and economic development professionals to formulate and implement coherent
and consistent policies and strategies designed to promote economic opportunities for all Floridians. The
Department is the state’s chief agency for business recruitment and expansion and economic development.3 The
Department has the following divisions and offices:4
 The Division of Economic Development,
 The Division of Community Development,
 The Division of Workforce Services,
 The Division of Finance and Administration,
 The Division of Information Technology,
 The Office of the Secretary, and
 The Office of Economic Accountability and Transparency.

Acquisition of State Lands for Military Buffers

The Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) holds state lands in trust for
the use and benefit of the people of Florida.5 The Board of Trustees consists of the Governor, Attorney General,
Chief Financial Officer, and Commissioner of Agriculture. The Board of Trustees may acquire, sell, transfer, and
administer state lands in the manner consistent with Chs. 253 and 259, F.S.6 The Department of Environmental
Protection, through its Division of State Lands, performs all staff duties and functions related to the acquisition,
administration, and disposition of state lands.7

“Conservation lands” are lands managed for conservation, outdoor resource-based recreation, or archaeological or
historic preservation, except those lands acquired solely to facilitate the acquisition of other conservation lands.8

The Board of Trustees may acquire nonconservation lands from the Department’s annual list through the Military
Base Protection Program to buffer a military installation against encroachment.9 A conveyance at less than

1 Department of Commerce, Analysis of 2026 House Bill 741, p.6 (Dec. 22, 2025).
2 Id.
3 S. 20.60(4), F.S.
4 S. 20.60(3)(a), F.S.
5 S. 253.001, F.S.
6 S. 253.02(1), F.S.
7 S. 253.002(1), F.S.
8 S. 253.034(2)(c), F.S.
9 S. 253.025(21)(a), F.S.

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appraised value must state that the land will revert to the Board of Trustees if it is not used for its intended
purpose as a military installation buffer, or if the military installation closes.10

Rural Economic Development Initiative

The Rural Economic Development Initiative (REDI) was established by the Legislature to encourage and facilitate
the location and expansion of major economic development projects of significant scale in rural communities.11
Today, REDI operates as a statewide initiative led by the Department to better serve Florida’s rural communities
by providing a more focused and coordinated effort among state and regional agencies to improve the fiscal,
economic, and community viability of these areas.12

Specified agencies and organizations13 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.

REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impacts, and undertake outreach and capacity-building efforts.14 Under the REDI statute, a
rural community is defined as:
 A county with a population of 75,000 or fewer;
 A county with a population of 125,000 or fewer, if the county is contiguous to a county with a population of
75,000 or fewer;
 Any municipality in a county that meets the above criteria; or
 An unincorporated federal enterprise community or an incorporated rural city with a population of 25,000
or fewer, with an employment base focused on traditional agriculture or resource-based industries, located
in a county not defined as rural, and which has at least three or more economic distress factors.15

Each REDI member agency is required to review financial match requirements for projects in rural areas and
develop a proposal to waive or reduce match requirements, and such proposals must be submitted to REDI.16 REDI
must call a meeting within 30 days of receipt of such proposals for comment and recommendation.17 Waivers and
reductions of financial match requirements must be requested by the county or community, and, to the fullest
extent possible, member organizations must expedite the adoption of rules and amendments to incorporate the
reduction in match for rural areas in financial distress.18 REDI must prepare an annual report as a supplement to
the Department’s annual report, which includes an evaluation of the status of changes to rules, the number of
awards made with waivers, and recommendations for future changes.19

Based on recommendations of REDI, the Governor may designate up to three rural areas of opportunity (RAOs) by
executive order,20 which establishes certain local governments as a priority for the Department. The orders also

10 S. 253.025(21)(d), F.S.
11 S. 288.0656(1)(a), F.S.
12 S. 288.0656(3), F.S.
13 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer

Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences (IFAS). See s. 288.0656(6)(a), F.S.
14 S. 288.0656(4), F.S.
15 S. 288.0656(2)(e), F.S.
16 S. 288.06561, F.S.
17 S. 288.06561(3), F.S.
18 S. 288.06561(4), (7), F.S.
19 S. 288.06561(8), F.S.
20 S. 288.0656(7)(a), F.S.

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permit all state agencies and departments to use all available tools and resources, to the extent permitted by law,
to promote the creation and development of projects designated by the RAO that have been recommended by the
department.21

Community Development Block Grant Program

The Community Development Block Grant (CDBG) program under the U.S. Department of Housing and Urban
Development (HUD) was established under Title I of the Housing and Community Development Act of 1974 (Act)22
and has funded more than $160 billion in block grants to support eligible program activities.23

The CDBG program is a long-standing program providing flexible federal funding to states and localities to support
economic development, community development, and infrastructure. As a block grant program, CDBG provides
grantees with some discretion in administering program funds within specific activity categories. Grantees are
required to demonstrate that each grant-funded activity is aligned with one of the following three statutorily
defined national objectives:24
 Principally benefit low- and moderate-income persons;
 Aid in the prevention or elimination of slums or blight; or
 Meet an urgent need by addressing conditions that pose a serious and immediate threat to the health and
safety of residents.

Approximately 70% of CDBG program funds are distributed to entitlement communities, defined as:25
 Principal metropolitan cities,
 Other cities with populations of 50,000 or greater, and
 Urban counties with populations of 200,000 or greater (excluding entitlement city populations).

The remaining 30% of funds are allocated to states based on a separate formula allocation process. State CDBG
funds are to be distributed by states to communities that do not qualify for entitlement funds. Before allocations
are made to states and localities, $7 million is statutorily set aside to be distributed among U.S. territories.26

The CDBG program works to provide decent housing and a suitable living environment by expanding economic
opportunities to the most vulnerable in Florida communities. A need is considered urgent if it poses a serious and
immediate threat to the health or welfare of the community and has arisen in the past 18 months.27

In Florida, the Department manages four CDBG programs:28
 Florida Small Cities Community Development Block Grant Program,
 CDBG – Coronavirus Relief Funding,
 Office of Disaster Recovery, and

21 Executive Orders 20-170, 21-149, and 23-132 and 25-141, https://www.flgov.com/eog/sites/default/files/executive-

orders/2024/EO_20-170.pdf, https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-149.pdf,
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-132.pdf, and
https://www.flgov.com/eog/sites/default/files/executive-orders/2025/EO%2025-141.pdf (last visited Feb. 17, 2026)
22 Public Law 93-383.
23 Joseph V. Jaroscak, Community Development Block Grants: Funding and Allocation Processes, Congressional Research Service,

R46733 (Mar. 24, 2021) https://www.congress.gov/crs-
product/R46733?q=%7B%22search%22%3A%22Housing+and+Community+Development+Act+of+1974%22%7D&s=2&r=1
1 (last visited Feb. 17, 2026).
24 Id.
25 Id.
26 Id.
27 Florida Department of Commerce, Community Development Block Grant Program, https://floridajobs.org/community-

planning-and-development/assistance-for-governments-and-organizations/community-development-block-grant-program
(last visited Feb. 17, 2026).
28 Id.

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 Neighborhood Stabilization Program.

Small Cities Community Development Block Grant Program

The Department administers the Small Cities CDBG Program and distributes funds to eligible non-entitlement
communities. To be eligible, a city must have a population under 50,000 or a county must have a population under
200,000.29 Subgrants are awarded to communities in the following funding categories: economic development,
neighborhood revitalization, housing rehabilitation, commercial revitalization, and any other activity by federal
law.30

The Department may annually set aside up to 15 percent of CDBG funds for use in eligible local government
jurisdictions for which an emergency or natural disaster has been declared by executive order.31

The Department is prohibited from awarding a grant until it has conducted a site visit to verify the information
contained in the local government’s application.32 The Department must rank each grant application and may
prohibit an applicant from receiving the grant or penalize an applicant in the rating of an application if the
Department determines that any applicant has failed to substantially accomplish the results it proposed in
previously funded applications.33 Additionally, applicants must hold at least two public hearings in the local
jurisdiction where the project is to be completed: one for public input and community needs, and one for
comments on the proposed application, including a published summary.34

Employment Verification

E-Verify is a web-based system that allows enrolled employers to confirm whether new employees are eligible to
work in the United States. Florida requires the use of the E-Verify system to verify a new employee’s employment
eligibility by:35
 All public employers.
 Private employers with 25 or more employees.

Each employer in Florida that is required, or who volunteers, to use the E-Verify system, must certify on its first
return each calendar year to the tax service provider that it is in compliance with E-Verify requirements when
making contributions to or reimbursing the state’s unemployment compensation or reemployment assistance
system.36

The law provides requirements for employers when the system is unavailable,37 requires employers to retain
documentation of verifications,38 and prohibits an employer from continuing to knowingly employ an
unauthorized alien.39

If the E-Verify system is unavailable for the three business days after the first day a new employee begins working
and the employer cannot access the system to verify the employee’s employment eligibility, the employer must use
the Employment Eligibility Verification Form (Form I-9) to verify employment eligibility. The employer must
document the unavailability of the system by retaining: a screenshot each day that shows the employer’s inability

29 Id.
30 S. 290.044(3), F.S.
31 S. 290.044(5), F.S.
32 S. 290.046(2)(d), F.S.
33 S. 290.046(2)(c), F.S.
34 S. 290.046(4), F.S.
35 S. 448.095(2)(a), (b), F.S.
36 S. 448.095(2)(b)3., F.S.
37 S. 448.095(2)(c), F.S.
38 S. 448.095(2)(d), F.S.
39 S. 448.095(2)(e), F.S.

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to access the system; a public announcement that the E-Verify system is not available; or any other communication
or notice regarding the unavailability of the system.40

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:41
 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.

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.42

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,43 with respect to such
employment.44

The Department is responsible for the administration of compliance requirements, as follows:45
 If it determines that an employer failed to use the E-Verify system, the Department is required to:
o Notify the employer of its determination; and
o Provide the employer with 30 days to cure the noncompliance.
 If the Department determines that an employer failed to use the E-Verify system as required three times in
any 24-month period, it must impose a fine of $1,000 per day until the employer provides proof of
compliance.
 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.
 Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
Department for employer outreach and public notice of the state’s employment verification laws.

Federal E-Verify Law

To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
information from the employee’s Form I-9 (name, address, and Social Security Number) into the case.46 Then, the
system checks the submitted information to records that are available to the U.S. Department of Homeland Security
(DHS) and the U.S. Social Security Administration (SSA), and issues one of the following possible results to the
employer:47
 Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
 E-Verify Needs More Time - This case was referred to the DHS for further verification.

40 S. 448.095(2)(c), F.S.
41 S. 448.095(3)(a), F.S.
42 S. 448.095(3)(b), F.S.
43 S. 448.09, F.S.
44 S. 448.095(4)(a), F.S.
45 S. 448.095(6), F.S.
46 E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-

process (last visited Feb. 17, 2026). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding
that provides the terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of
Understanding for Employers, https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last
visited Feb. 17, 2026).
47 Id.

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 Tentative Non-confirmation (Mismatch) - Information did not match records available to the DHS
and/or SSA. Additional action is required.
 Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
needed to determine a final case result.
 Close Case and Resubmit – The DHS or SSA requires that the employer close the case and create a new
case for the employee. This result may be issued when the employee’s United States passport, passport
card, or driver’s license information is incorrect.
 Final Non-confirmation - E-Verify cannot confirm the employee’s employment eligibility after the
employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
without confirming the employee’s employment eligibility for some other reason.

If the result is Tentative Non-confirmation, then the employer must notify the employee, who must take further
action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
Verify system needs more time to process the case.48

E-Verify Defenses for Employers

The Immigration Reform and Control Act (IRCA) provides sanctions to be imposed on employers who knowingly
employ aliens who are not authorized to work.49 Federal law contains no criminal sanction for working without
authorization, although document fraud is a civil violation.50 The United States Citizenship and Immigration
Services (USCIS) enforces these provisions.51

According to the 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.52

The Administrative Procedure Act

The Administrative Procedure Act53 provides a process for determining when an agency action affects a person’s
substantial interests.54 The process differs depending on whether the hearing involves a disputed issue of material
fact.55 If the dispute does not involve a disputed issue of material fact, the agency must:
 Give reasonable notice to all parties of the agency’s action or inaction, including a summary of factual, legal,
and policy grounds for making the decision.
 Give parties or their counsel the option to present the agency or hearing officer evidence in opposition to
the action or inaction or provide a written statement.
 If the objections of the parties are overruled, provide a written explanation within seven days.56

If a disputed issue of material fact does exist, the issue is assigned to an administrative law judge who conducts a
hearing in which all parties have an opportunity to respond, present evidence and argument on all issues involved,
conduct cross-examination and submit rebuttal evidence, submit proposed findings of facts and orders, and file

48 Id.
49 8 U.S.C. s. 1324a(a)(1)-(2).
50 8 U.S.C. s. 1324c.
51 8 U.S.C. s. 1324a.
52 8 U.S.C. s. 1324a(a)(3) and (b)(6); 8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
53 Ch. 120, F.S.
54 S. 120.569, F.S.
55 S. 120.569(1), F.S.
56 S. 120.57(2)(a), F.S.

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exceptions to the presiding officer's recommended order.57 A hearing may only occur if the agency determines the
petition contains all required information.58

Unless waived or extended with the consent of all parties, a final order in the proceeding must be rendered within
90 days:
 After the hearing is concluded, if conducted by the agency;
 After a recommended order is submitted to the agency and mailed to all parties, if the hearing is conducted
by an administrative law judge; or
 After the agency has received the written and oral material it has authorized to be submitted, if there has
been no hearing.59

The final order must be in writing and include findings of fact, if any, as well as the conclusions of law.60 A party
who is adversely affected by final agency action is entitled to judicial review.61

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 2/5/2026 Curtin Wright
Subcommittee
THE CHANGES ADOPTED BY THE  Removed the requirement that an unincorporated area must be
COMMITTEE: recommended by the Department and designated by the Governor in
order to qualify for REDI.
 Allowed the Department to award grants under the CDBG program
consistent with the Housing and Community Development Act of 1974
(Act), rather than in any manner and in any amount consistent with the
Act.
 Removed the provision prohibiting certain collaborations with Florida
Is For Veterans, Inc.
Transportation & Economic 15 Y, 0 N 2/12/2026 Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee Hamon Wright

57 S. 120.57(1), F.S.
58 S. 120.569(2)(c)-(d), F.S.
59 S. 120.569(2)(l), F.S.
60 Id.
61 S. 120.68, F.S.

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CS/HB 741 2026

1 A bill to be entitled
2 An act relating to the Department of Commerce;
3 amending s. 253.025, F.S.; exempting federal agencies
4 from a requirement that a conveyance at less than
5 appraised value must state that the land will revert
6 to the Board of Trustees of the Internal Improvement
7 Trust Fund if the land is not used for its intended
8 purposes as a military installation buffer or if the
9 military installation closes; amending s. 288.0656,
10 F.S.; revising the definition of the term "rural
11 community"; repealing ss. 290.0401, 290.0411, 290.042,
12 290.0455, 290.046, 290.047, 290.0475, and 290.048,
13 F.S., relating to the Florida Small Cities Community
14 Development Block Grant Program Act, legislative
15 intent and purpose, definitions, the Florida Small
16 Cities Community Development Block Grant Loan
17 Guarantee Program, applications for grants,
18 establishment of grant ceilings and maximum
19 administrative cost percentages and the elimination of
20 population bias, rejection of grant applications and
21 penalties for failure to meet application conditions,
22 and general powers of the department, respectively;
23 amending s. 290.043, F.S.; renaming the "Florida Small
24 Cities Community Development Block Grant Program" as
25 the "Community Development Block Grant Program";

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26 amending s. 290.044, F.S.; revising provisions
27 relating to the Florida Small Cities Community
28 Development Block Grant Program Fund; renaming the
29 fund as the "Community Development Block Grant Program
30 Fund"; providing definitions; designating the
31 department as the state agency to receive federal
32 funding from the United States Department of Housing
33 and Urban Development to administer the program;
34 providing that the department shall administer
35 additional federal funding in accordance with federal
36 law and guidance from the Department of Housing and
37 Urban Development; authorizing the Department of
38 Commerce to adopt rules; amending s. 448.095, F.S.;
39 defining the terms "employer" and "noncompliance";
40 providing that an employer must maintain an E-Verify
41 case for each employee; providing that an employer's
42 failure to provide requested documentation within a
43 specified time period constitutes noncompliance;
44 requiring the department to issue a notification of
45 noncompliance containing specified information;
46 providing that if the employer fails to cure the
47 noncompliance, the department shall issue a final
48 determination of noncompliance; providing requirements
49 for specified hearings for employers under certain
50 circumstances; providing penalties; providing

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51 requirements for an employer to cure specified
52 noncompliance with the E-Verify system; authorizing
53 the department to adopt rules; providing that the
54 department may recover specified costs; requiring such
55 funds to be deposited into the State Economic
56 Enhancement and Development Trust Fund; revising
57 construction and expiration; amending s. 448.09, F.S.;
58 providing that an employer knowingly employs an
59 unauthorized alien if specified conditions are met;
60 requiring the department to provide an employer with a
61 written determination that an employer has knowingly
62 employed an unauthorized alien; providing that if an
63 employer requests a hearing, the administrative law
64 judge's final order is appealable; requiring an
65 employer to report quarterly to the department to
66 demonstrate compliance; authorizing the department to
67 adopt rules; amending s. 163.3184, F.S.; conforming
68 provisions to changes made by the act; providing an
69 effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Paragraph (e) is added to subsection (21) of
74 section 253.025, Florida Statutes, to read:
75 253.025 Acquisition of state lands.—

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76 (21)
77 (e) Federal agencies, including the United States
78 Department of Defense, are exempt from paragraph (d) if the land
79 continues to serve the general purpose of acting as a buffer for
80 a military installation, even if the specific military mission,
81 use, or function of the land is modified or changed.
82 Section 2. Paragraph (e) of subsection (2) of section
83 288.0656, Florida Statutes, is amended to read:
84 288.0656 Rural Economic Development Initiative.—
85 (2) As used in this section, the term:
86 (e) "Rural community" means:
87 1. A county with a population of 75,000 or fewer.
88 2. A county with a population of 125,000 or fewer which is
89 contiguous to a county with a population of 75,000 or fewer.
90 3. A municipality within a county described in
91 subparagraph 1. or subparagraph 2.
92 4. An unincorporated area that has federal enterprise
93 community or an incorporated rural city with a population of
94 25,000 or fewer and that meets an employment base focused on
95 traditional agricultural or resource-based industries, located
96 in a county not defined as rural, which has at least three or
97 more of the economic distress factors identified in paragraph
98 (c) and verified by the department.
99
100 For purposes of this paragraph, population shall be determined

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101 in accordance with the most recent official estimate pursuant to
102 s. 186.901.
103 Section 3. Sections 290.0401, 290.0411, 290.042, 290.0455,
104 290.046, 290.047, 290.0475, and 290.048, Florida Statutes, are
105 repealed.
106 Section 4. Section 290.043, Florida Statutes, is amended
107 to read:
108 290.043 Florida Small Cities Community Development Block
109 Grant Program; administration.—There is created the Florida
110 Small Cities Community Development Block Grant Program. The
111 department shall administer the program as authorized and
112 described in Title I of the Housing and Community Development
113 Act of 1974, as amended; Pub. L. No. 93-383, as amended by Pub.
114 L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C. ss. 5301 et seq.
115 Section 5. Section 290.044, Florida Statutes, is amended
116 to read:
117 (Substantial rewording of section. See
118 s. 290.044, F.S., for present text.)
119 290.044 Community Development Block Grant Program Fund;
120 administration; distribution.—
121 (1) The Community Development Block Grant Program Fund is
122 created.
123 (2) For the purpose of this section, the term:
124 (a) "Act" means the Housing and Community Development Act
125 of 1974, as amended, and applicable federal regulations.

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126 (b) "Program" means the Community Development Block Grant
127 Program.
128 (3) The department is designated as the state agency to
129 receive federal funding from the Department of Housing and Urban
130 Development and to administer the program. The department may
131 award grants under the program consistent with the purposes and
132 requirements of the act. The department may expend funds
133 received from Department of Housing and Urban Development
134 consistent with the act.
135 (4) If, in any year, the department receives additional
136 federal funding through the Department of Housing and Urban
137 Development for necessary expenses related to disaster recovery,
138 long-term recovery, and restoration of infrastructure in
139 impacted and distressed areas arising from the consequences of a
140 federally declared disaster, the department shall administer
141 such funding in accordance with the federal law authorizing such
142 funding, including any implementing guidance or regulations
143 adopted by the Department of Housing and Urban Development.
144 (5) If, in any year, the department receives additional
145 federal funding through the Department of Housing and Urban
146 Development for any purpose not specifically provided in this
147 section, the department shall administer such funding in
148 accordance with the law authorizing such funding, including any
149 implementing guidance or regulations adopted by the Department
150 of Housing and Urban Development.

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151 (6) The department may adopt rules to administer this
152 section.
153 Section 6. Paragraph (c) and paragraphs (d) through (f) of
154 subsection (1) of section 448.095, Florida Statutes, are
155 redesignated as paragraph (d) and paragraphs (f) through (h),
156 respectively, paragraph (b) of subsection (2), subsection (6),
157 and paragraphs (a) and (c) of subsection (7) are amended, new
158 paragraphs (c) and (e) are added to subsection (1), and
159 paragraph (c) is added to subsection (3) of that section, to
160 read:
161 448.095 Employment eligibility.—
162 (1) DEFINITIONS.—As used in this section, the term:
163 (c) "Employer" means any person, firm, company,
164 corporation, association, joint stock company, partnership,
165 organization, or other legal entity, or any agent thereof, which
166 engages one or more individuals to perform labor or services in
167 this state in exchange for salary, wages, or other remuneration.
168 The term does not include:
169 1. An occupant or owner of a private residence with
170 respect to an individual hired for casual labor, as defined in
171 s. 443.036, which is to be performed entirely within that
172 private residence.
173 2. A person or entity solely with respect to its
174 engagement of an independent contractor, as defined in federal
175 laws or regulations.

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176 (e) "Noncompliance" means:
177 1. The failure of an employer to verify a new employee's
178 employment eligibility through the E-Verify system.
179 2. An employer's failure to timely provide, upon request
180 by an entity or person listed in paragraph (3)(a), copies of the
181 documentation the employer relied upon to verify a new
182 employee's employment eligibility.
183 (2) EMPLOYMENT VERIFICATION.—
184 (b)1. A public agency shall use the E-Verify system to
185 verify a new employee's employment eligibility as required under
186 paragraph (a).
187 2. Beginning on July 1, 2023, a private employer with 25
188 or more employees shall use the E-Verify system to verify a new
189 employee's employment eligibility as required under paragraph
190 (a). The employer must maintain an E-Verify case for each
191 employee which verifies the employee's employment eligibility.
192 3. Each employer required to use the E-Verify system under
193 this paragraph must certify on its first return each calendar
194 year to the tax service provider that it is in compliance with
195 this section when making contributions to or reimbursing the
196 state's unemployment compensation or reemployment assistance
197 system. An employer that voluntarily uses the E-Verify system
198 may also make such a certification on its first return each
199 calendar year in order to document such use.
200 (3) ENFORCEMENT.—

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201 (c) Failure by an employer to provide the requested
202 documentation within 30 days after a request made under
203 paragraph (a) constitutes noncompliance. Each failure to timely
204 provide the documentation constitutes a noncompliance event for
205 the application of fines under paragraph (6)(b).
206 (6) COMPLIANCE.—
207 (a) In addition to the requirements under s. 288.061(6),
208 beginning on July 1, 2024, if the Department of Commerce has a
209 reasonable basis to believe determines that an employer failed
210 to use the E-Verify system to verify the employment eligibility
211 of employees as required under this section, the department
212 must, before the imposition of a fine or suspension of licenses,
213 issue an initial notification of noncompliance to the employer.
214 An employer's failure to provide copies of any documentation
215 relied upon by the employer for the verification of a new
216 employee's employment eligibility to a person or entity listed
217 in paragraph (3)(a) constitutes a reasonable basis that an
218 employer failed to use the E-Verify system. The department must
219 notify the employer that it must cure the noncompliance within
220 30 days after the date of the department's initial notification.
221 The department, for good cause shown by the employer, may grant
222 the employer an additional 30 days to cure the noncompliance. If
223 the employer does not timely cure the noncompliance, the
224 department shall issue a final determination of noncompliance to
225 the employer, which is subject to chapter 120. If the employer

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226 requests a hearing, the hearing shall be held pursuant to ss.
227 120.569 and 120.57(1), except that the order of an
228 administrative law judge is a final order and reviewable under
229 s. 120.68 notify the employer of the department's determination
230 of noncompliance and provide the employer with 30 days to cure
231 the noncompliance.
232 (b) If the Department of Commerce determines that an
233 employer failed to use the E-Verify system as required under
234 this section and the employer failed to cure the noncompliance
235 in accordance with paragraph (a) three times in any 24-month
236 period, the department must impose a fine of $1,000 for each
237 employee not verified pursuant to this section. Any subsequent
238 noncompliance by the employer after the final determination of
239 per day until the employer provides sufficient proof to the
240 department that the noncompliance is cured. noncompliance
241 constitutes grounds for the suspension of all licenses issued by
242 a licensing agency subject to chapter 120 until the
243 noncompliance is cured.
244 (c) To cure noncompliance, the employer must:
245 1. Register with the E-Verify system if the employer is
246 not already registered.
247 2. Use the E-Verify system or the Employment Eligibility
248 Verification form (Form I-9) as provided in paragraph (2)(c) to
249 properly verify the employment eligibility of each employee.
250 3. Provide an E-Verify case result for each employee which

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251 verifies the employee's employment eligibility.
252 4. Provide an affidavit to the Department of Commerce,
253 under penalty of perjury, that all instances of noncompliance
254 have been corrected and that the employer is now in full
255 compliance with this section.
256 (d)(c) Fines collected under this subsection must be
257 deposited into the State Economic Enhancement and Development
258 Trust Fund for use by the department for employer outreach and
259 public notice of the state's employment verification laws.
260 (e) The Department of Commerce may adopt rules necessary
261 to implement this section. The department may establish
262 procedures for reporting, enforcement, compliance,
263 noncompliance, license suspension, and the application of fines,
264 as well as any other rules required for effective enforcement
265 and administration of this section.
266 (f) In addition to any penalties imposed under this
267 section, the Department of Commerce is entitled to recover the
268 reasonable costs of investigation and prosecution if the
269 employer is found to have violated this section. The court shall
270 determine the amount of costs to be assessed after its
271 consideration of an affidavit of itemized costs and any written
272 objections thereto. If the assessed costs are not paid within 60
273 days after assessment, the department may contract for the
274 collection of such costs, in which case any fees charged by the
275 collection agent may be added to the amount recovered from the

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276 employer, or may bring a civil action to recover such costs, in
277 which case the department is also entitled to recover reasonable
278 attorney fees and court costs incurred in such action. All
279 recovered costs, including additional amounts recovered for
280 collection efforts, shall be deposited into the State Economic
281 Enhancement and Development Trust Fund.
282 (7) CONSTRUCTION.—
283 (a) This section must be enforced without regard to race,
284 color, or national origin and must be construed in a manner so
285 as to be fully consistent with any applicable federal laws or
286 regulations. The Department of Commerce may not investigate a
287 complaint that is based solely on race, color, or national
288 origin.
289 (c) This section shall expire 60 days after the E-Verify
290 system is no longer provided or maintained by the Federal
291 Government, or when a pilot program, and the Federal Government
292 requires the use of the E-Verify system by all employers in the
293 United States.
294 Section 7. Section 448.09, Florida Statutes, is amended to
295 read:
296 448.09 Unauthorized aliens; employment prohibited.—
297 (1) It is unlawful for any person to knowingly employ,
298 hire, recruit, or refer, either for herself or himself or on
299 behalf of another, for private or public employment within this
300 state, an alien who is not duly authorized to work by the

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CS/HB 741 2026

301 immigration laws of the United States, the Attorney General of
302 the United States, or the United States Secretary of the
303 Department of Homeland Security. An employer knowingly employs
304 an unauthorized alien if the employer is aware of the
305 unauthorized alien's unauthorized status or fails to take
306 reasonable steps to verify the unauthorized alien's employment
307 eligibility after being made aware of potential violations.
308 (2) If the Department of Commerce finds or is notified by
309 an entity specified in s. 448.095(3)(a) that an employer has
310 knowingly employed an unauthorized alien, the department must
311 provide the employer with a written determination subject to
312 chapter 120. If the employer requests a hearing, the hearing
313 shall be held pursuant to ss. 120.569 and 120.57(1), except that
314 the order of an administrative law judge is a final order and
315 reviewable under s. 120.68 without verifying the employment
316 eligibility of such person, the department must enter an order
317 pursuant to chapter 120 making such determination and require
318 repayment of any economic development incentive pursuant to s.
319 288.061(6).
320 (3) For a violation of this section, the department shall
321 place the employer on probation for a 1-year period and require
322 that the employer report quarterly to the department to
323 demonstrate compliance with the requirements of subsection (1)
324 and s. 448.095. On or before the last day of each quarter, the
325 employer must submit an affidavit that affirms the employer is

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326 not employing any unauthorized aliens and is in compliance with
327 s. 448.095. The first quarter will commence from the issuance
328 date of the final order. Each subsequent quarter commences 90
329 days after the previous quarter. The department may enforce
330 compliance with this subsection by filing a petition for
331 enforcement with the circuit court in and for Leon County. Venue
332 for all actions under this subsection is in Leon County.
333 (4) Any violation of this section which takes place within
334 24 months after a previous violation constitutes grounds for the
335 suspension or revocation of all licenses issued by a licensing
336 agency subject to chapter 120. The Department of Commerce must
337 provide the employer with a written determination subject to
338 chapter 120. The hearing shall be held pursuant to ss. 120.569
339 and 120.57(1), except that the order of the administrative law
340 judge is a final order and appealable pursuant to s. 120.68. The
341 department shall take the following actions for a violation
342 involving:
343 (a) One to ten unauthorized aliens, suspension of all
344 applicable licenses held by a private employer for up to 30 days
345 by the respective agencies that issued them.
346 (b) Eleven to fifty unauthorized aliens, suspension of all
347 applicable licenses held by a private employer for up to 60 days
348 by the respective agencies that issued them.
349 (c) More than fifty unauthorized aliens, revocation of all
350 applicable licenses held by a private employer by the respective

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351 agencies that issued them.
352 (5) An alien who is not duly authorized to work by the
353 immigration laws of the United States, the Attorney General of
354 the United States, or the United States Secretary of the
355 Department of Homeland Security and who knowingly uses a false
356 identification document or who fraudulently uses an
357 identification document of another person for the purpose of
358 obtaining employment commits a felony of the third degree,
359 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
360 (6) The Department of Commerce may adopt rules to
361 implement this section.
362 Section 8. Paragraph (b) of subsection (8) of section
363 163.3184, Florida Statutes, is amended to read:
364 163.3184 Process for adoption of comprehensive plan or
365 plan amendment.—
366 (8) ADMINISTRATION COMMISSION.—
367 (b) The commission may specify the sanctions provided in
368 subparagraphs 1. and 2. to which the local government will be
369 subject if it elects to make the amendment effective
370 notwithstanding the determination of noncompliance.
371 1. The commission may direct state agencies not to provide
372 funds to increase the capacity of roads, bridges, or water and
373 sewer systems within the boundaries of those local governmental
374 entities which have comprehensive plans or plan elements that
375 are determined not to be in compliance. The commission order may

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376 also specify that the local government is not eligible for
377 grants administered under the following programs:
378 a. The Florida Small Cities Community Development Block
379 Grant Program, as authorized by ss. 290.043-290.044 ss.
380 290.0401-290.048.
381 b. The Florida Recreation Development Assistance Program,
382 as authorized by chapter 375.
383 c. Revenue sharing pursuant to ss. 206.60, 210.20, and
384 218.61 and chapter 212, to the extent not pledged to pay back
385 bonds.
386 2. If the local government is one which is required to
387 include a coastal management element in its comprehensive plan
388 pursuant to s. 163.3177(6)(g), the commission order may also
389 specify that the local government is not eligible for funding
390 pursuant to s. 161.091. The commission order may also specify
391 that the fact that the coastal management element has been
392 determined to be not in compliance shall be a consideration when
393 the department considers permits under s. 161.053 and when the
394 Board of Trustees of the Internal Improvement Trust Fund
395 considers whether to sell, convey any interest in, or lease any
396 sovereignty lands or submerged lands until the element is
397 brought into compliance.
398 3. The sanctions provided by subparagraphs 1. and 2. do
399 not apply to a local government regarding any plan amendment,
400 except for plan amendments that amend plans that have not been

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401 finally determined to be in compliance with this part, and
402 except as provided in this paragraph.
403 Section 9. This act shall take effect July 1, 2026.

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CS/HB 839
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 839 COMPANION BILL: CS/SB 800 (Mayfield)
TITLE: Unlicensed Practice of Engineering LINKED BILLS: None
SPONSOR(S): Melo RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
17 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill establishes an escalating fine schedule for subsequent violations of engaging in the unlicensed practice of
engineering.

Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate impact on state government and the private sector.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill establishes an escalating fine schedule for subsequent violations of engaging in the unlicensed practice of
engineering. The escalating fees are as follows:
 For a second violation, a fine of $10,000.
 For a third violation, a fine of $15,000.
 For a fourth violation, a fine of $20,000.
 For a fifth and any subsequent violation, a fine of $25,000. (Section 1)

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate positive fiscal impact on state revenues due to increased fines.

PRIVATE SECTOR:
The bill would require individuals who engage in the unlicensed practice of engineering to pay increased fines for
subsequent violations.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Professional Engineering
An engineer is an individual who is licensed to practice engineering. An engineer intern is an individual who has
graduated from an engineering curriculum approved by the Florida Board of Professional Engineers and has
passed the fundamentals of engineering examination.

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The practice of engineering includes professional services that require specialized education, training, and
experience in applying mathematical, physical, and engineering sciences. The term encompasses activities such as
consultation, planning, design, evaluation, teaching, surveying, and construction inspection related to public or
private works, utilities, systems, and products that affect life, health, or property.1

The practice of engineering is regulated by the Florida Board of Professional Engineers (Board) under the
Department of Business and Professional Regulation (DBPR) Division of Professions.2 The Board is responsible for
reviewing applications, administering exams, licensing qualified applicants, and regulating and enforcing the
proper practice of engineering in the state.3

The Florida Engineers Management Corporation
The administrative, investigative, and prosecutorial services for the Board are administered by the Florida
Engineers Management Corporation (FEMC).4 The FEMC is a non-profit, single purpose corporation that operates
through a contract with DBPR. The FEMC may hire staff as needed to carry out its functions.5 Funds for the FEMC
are allocated through appropriations from the Professional Regulation Trust Fund.6 The FEMC is required to
submit quarterly and annual reports on its activities and financial status to the Secretary of the DBPR, the Board,
and the Legislature.7

Licensure Requirements
In Florida, to qualify for licensure as a professional engineer, an individual must have passed both the
fundamentals examination and the principles and practices examination. Prior to being permitted to sit for the
fundamentals examination, an applicant must have graduated from an approved engineering science or
engineering technology curriculum of four years or more in a Board-approved school, college, or university.8

The Board must certify for licensure any applicant who has submitted proof of being at least 18 years old, and
having the required engineering experience. For graduates of an approved engineering science curriculum, the
applicant must have a record of at least four years of active engineering experience sufficient to indicate
competence to be in responsible charge of engineering. Graduates of an approved engineering technology
curriculum must have a record of at least six years of such qualified experience.9

The FEMC must issue a license to any applicant who the board certifies is qualified to practice engineering and who
has passed the required examinations.10

Unlicensed Practice of Engineering
In Florida, individuals who are not licensed by the Board are prohibited from engaging in the practice of
engineering.11 Any individual who practices engineering without a license commits a first degree misdemeanor.12
As a result of a violation for unlicensed activity, the Board may issue:13
 A notice to cease and desist.

1 S. 471.005(7), F.S.
2 S. 20.165(4)(a)11, F.S.
3 Florida Board of Professional Engineers, About the Florida Board of Professional Engineers, https://fbpe.org/about/about-

fbpe/ (last visited Feb. 9, 2026).
4 S. 471.038(3), F.S.
5 Id.
6 S. 471.038(3)(j)3, F.S.
7 S. 471.038(3)(m), F.S.
8 S. 471.013, F.S.
9 S. 471.015(2), F.S.
10 S. 471.015(1), F.S.
11 S. 471.031, F.S.
12 S. 471.031(2), F.S.
13 Florida Board of Professional Engineers, Unlicensed Activity Affects Everyone¸ January, 2018, available at

https://fbpe.org/unlicensed-activity-affects-everyone/ (last visited Feb. 9, 2026).
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 A citation, which includes a fine.
 An administrative complaint, which may include a recommended fine, injunctive proceedings if the action
continues, and criminal prosecution.

Further, the Board is authorized to impose a fine of up to $5,000 for each count or separate offense on any
individual found guilty of, among other violations, engaging in the unlicensed practice of engineering.14
Additionally, Rule 61G15-19.004 of the Florida Administrative Code, provides the following penalties for the
unlicensed practice of engineering:

PENALTY RANGE
THIRD OR
VIOLATION
FIRST VIOLATION SECOND VIOLATION SUBSEQUENT
VIOALTION
Practicing engineering In addition to referral to In addition to referral to In addition to referral to
without a license or the State Attorney’s Office the State Attorney’s the State Attorney’s
using a name or title and denial of future Office, a $2,500 fine to a Office, a $5,000 fine.
tending to indicate that application for licensure, a $5,000 fine.
such person holds an $1,000 fine to a $2,500
active license as an fine.
engineer.

As part of the FEMC’s quarterly reports, the Board provides regular updates on incidents of unlicensed practice of
engineering in Florida. In the first quarter of 2025-26, the Board received 13 complaints alleging unlicensed
activity, four of which were deemed legally sufficient.15

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 17 Y, 0 N, As CS 2/12/2026 Anstead Bunnell
Subcommittee
THE CHANGES ADOPTED BY THE Removed provision creating the Engineering Student Loan Assistance Program.
COMMITTEE:
Commerce Committee Hamon Bunnell

14 S. 471.033, F.S.
15 See Florida Board of Professional Engineers, Quarterly Reports, 2025-26 Florida Engineers Management Corporation 1 st

Quarter Report, p. 74, available at https://fbpe.org/wp-content/uploads/2025/10/2025-26-1st-Quarter-FEMC-Report.pdf.
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CS/HB 839 2026

1 A bill to be entitled
2 An act relating to unlicensed practice of engineering;
3 amending s. 471.033, F.S.; providing penalties for
4 persons found to have repeatedly engaged in the
5 unlicensed practice of engineering; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Present subsection (4) of section 471.033,
11 Florida Statutes, is redesignated as subsection (5), and a new
12 subsection (4) is added to that section, to read:
13 471.033 Disciplinary proceedings.—
14 (4) Notwithstanding subsection (3), a person who violates
15 this section by engaging in the unlicensed practice of
16 engineering, upon a second or subsequent violation, is subject
17 to a fine imposed by the department which increases as follows:
18 (a) For a second violation, a fine of $10,000.
19 (b) For a third violation, a fine of $15,000.
20 (c) For a fourth violation, a fine of $20,000.
21 (d) For a fifth and any subsequent violation, a fine of
22 $25,000.
23 Section 2. This act shall take effect July 1, 2026.

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CS/HB 883
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 883 COMPANION BILL: SB 990 (Leek)
TITLE: Protected Cell Captive Insurance Companies LINKED BILLS: None
SPONSOR(S): Fabricio RELATED BILLS: None
Committee References
Insurance & Banking Civil Justice & Claims Commerce
17 Y, 0 N, As CS  14 Y, 0 N 

SUMMARY
Effect of the Bill:
The bill authorizes protected cell captive insurance companies to operate and be domiciled in Florida, and creates a
regulatory framework for such companies. A protected cell is a separate account established by a protected cell
captive insurance company, which segregates a participant’s assets and liabilities from those of other participants.

The bill’s regulatory framework addresses the following areas:
 Formation of a captive cell captive insurance company.
 Capital and surplus requirements.
 Segregation of assets and liabilities.
 Reinsurance contracts.
 Requirements to write business in Florida.
 Conservation, rehabilitation, and liquidation.
 Legal proceedings against protected cell captive insurance companies.
 Conversion.
 Financial Reporting.

Fiscal or Economic Impact:
There may be an indeterminate economic impact on the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Formation
The bill authorizes sponsors1 to apply to the Office of Insurance Regulation (“OIR”) to form a protected cell captive
insurance company, provided that it only insures the risks of its protected cell participants.2 As is currently the
case for other types of captive insurance companies, a protected cell3 captive insurance company may transact in
all types of insurance except for workers’ compensation and employer’s liability, life, health, personal motor
vehicle, and personal residential property. (Section 2).

“Protected cell” is defined by the bill as a separate account established by a protected cell captive insurance
company. The account identifies a pool of assets and liabilities which is separated and insulated from the

1 A “sponsor” is any person or entity that is approved by OIR to provide all or part of the required capital and surplus and to

organize and operate a protected cell captive insurance company.
2 A “participant” is defined by the bill as “a person or an entity, and any affiliate of such person or entity, which is insured by a

protected cell captive insurance company, if the losses of the participant are limited through a participant contract.”

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remainder of the protected cell captive insurance company's assets and liabilities in accordance with the terms of
one or more participant contracts. (Section 1).

The bill provides that one or more sponsors may form a protected cell captive insurance company. The protected
cell captive insurance company must be incorporated as one of the following entity types:
 as a stock insurer with its capital divided into shares and held by the stockholders;
 as a mutual corporation;
 as a nonprofit corporation with one or more members; or
 as a limited liability company. (Section 6).

An applicant protected cell captive insurance company must file the following information with OIR:
 Materials demonstrating how the applicant will account for the loss and expense experience of each
protected cell.
 A statement acknowledging that all financial records of the applicant, including records related to any
protected cells, must be made available for inspection or examination by OIR.
 All contracts or sample contracts between the applicant and any participants.
 Evidence that expenses will be allocated to each protected cell in a fair and equitable manner. (Section 6).

A protected cell captive insurance company may establish or maintain one or more incorporated or
unincorporated protected cells, to insure risks of one or more participants, subject to the following conditions:
 A protected cell captive insurance company may establish one or more protected cells if OIR has approved
in writing a plan of operation submitted by the protected cell captive insurance company with respect to
each protected cell.
 Once OIR provides written approval of the plan of operation, the protected cell may attribute insurance
obligations with respect to its insurance business to the protected cell.
 A protected cell must have its own distinct name or designation, which must include the words “protected
cell,” “incorporated cell,” or an abbreviation of those designations.
 The protected cell captive insurance company must transfer all assets attributable to a protected cell to one
or more separately established and identified protected cell accounts bearing the name or designation of
that protected cell.
 Protected cell assets must be held in the protected cell accounts for the purpose of satisfying the
obligations of that protected cell.
 An incorporated protected cell may be organized and operated in any form of business organization
authorized by OIR. Each incorporated protected cell of a protected cell captive insurance company must be
treated as a captive insurer and has the power to enter into contracts.
 All attributions of assets and liabilities between a protected cell and the general account4 must be in
accordance with the plan of operation and participant contracts5 approved by OIR. These attributions must
be in cash or in readily marketable securities6 with established market values. (Section 6).

The bill provides that the creation of a protected cell does not create a legal person separate from the protected cell
captive insurance company unless the protected cell is an incorporated cell. Amounts attributed to a protected cell
are owned by the protected cell. A protected cell captive insurance company may not act as a trustee of the
protected cell assets of the protected cell account. However, a protected cell captive insurance company may allow

4 “General account” is defined in the bill as “all assets and liabilities of a protected cell captive insurance company not

attributable to a protected cell.”
5 A “participant contract” is defined by the bill as a contract by which a protected cell captive insurance company insures the

risks of a participant and limits the losses of each such participant to its proportional share of the assets of one or more
protected cells identified in such contract.
6 Marketable securities are very easy to convert to cash, and can be liquidated within minutes, hours, or at most days. See

Investopedia, Marketable Security: What it is, How it Works,
https://www.investopedia.com/terms/m/marketable_security.asp (last visited Feb. 18, 2026).
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a security interest7 to attach to the assets of a protected cell assets or a protected cell account if the security
interest is in favor of a creditor of that protected cell. (Section 6).

The bill provides that a participant contract may not take effect without OIR’s prior written approval. The addition
of each new protected cell, the withdrawal of any participant, or the termination of any existing protected cell
constitutes a change in the plan of operation, and requires OIR approval. (Section 6).

The bill provides that a protected cell captive insurance company may establish and operate both unincorporated
and incorporated protected cells. (Section 6).

The bill provides that biographical affidavits are not required for participants in unincorporated cells, but
biographical affidavits are required for owners of incorporated cells. (Section 6).

Capital and Surplus Requirements
The bill requires a protected cell captive insurance company to possess, and maintain, unimpaired paid-in capital
of at least $200,000. For protected cell captive insurance companies incorporated as nonprofit corporations, the
bill requires unrestricted net assets of at least $250,000. (Section 3).

The bill requires protected cell captive insurance companies to possess, and maintain, unimpaired surplus of at
least $150,000. (Section 4).

Segregation of assets and liabilities
A protected cell captive insurance company must establish administrative and accounting procedures necessary to
properly identify the one or more protected cells of the protected cell captive insurance company as well as the
protected cells assets8, and protected cell liabilities9 attributable to the protected cells. The directors of a protected
cell captive insurance company must keep protected cell assets and protected cell liabilities:
 Separate and separately identifiable from the assets and liabilities of the protected cell captive insurance
company’s general account; and
 Attributable to one protected cell separate and separately identifiable from protected cell assets and
protected cell liabilities attributable to other protected cells. (Section 6).

If assets and liabilities are not kept separate, the bill provides the remedy of tracing10. (Section 6).

The bill provides that when establishing a protected cell, the protected cell captive insurance company must
attribute to the protected cell assets a value at least equal to the reserves and other insurance liabilities attributed
to that protected cell. (Section 6).

Each protected cell must be accounted for separately on the books and records of the protected cell captive
insurance company to reflect the financial condition and results of operations of each protected cell. (Section 6).

An asset of a protected cell may not be liable for any business conducted by the protected cell captive insurance
company on behalf of any other protected cell or the company’s general account. (Section 6).

7 A security interest is an enforceable legal claim or lien on collateral that has been pledged to obtain a loan. See Investopedia,

Understanding Security Interests: Legal Definition and Key Requirements, https://www.investopedia.com/terms/s/security-
interest.asp (last visited Feb. 18, 2026).
8 “Protected cell assets” means all assets, contract rights, and general intangibles identified with and attributable to a specified

protected cell of a protected cell captive insurance company.
9 “Protected cell liabilities” means all liabilities and other obligations identified with and attributed to a specific protected cell

of a protected cell captive insurance company.
10 Tracing is a remedy that is used to identify, follow, and recover property that has been mixed with other assets. See

Kornfeld, Principles of Tracing, https://kornfeldllp.com/2021/06/principles-of-
tracing/#:~:text=Tracing%20is%20a%20remedy%20that%20can%20be,bona%20fide%20purchaser%20for%20value%20
without%20notice (last visited Feb. 10, 2026).
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A protected cell captive insurance company may not sell, exchange, or otherwise transfer assets between or among
any of its protected cells without the consent of the protected cells. However, the assets of two or more protected
cells may be combined for purposes of investment. (Section 6).

The bill allows protected cell captive insurance companies to contract with or arrange for an investment advisor,
commodity trading advisor, or other third party to manage the protected cell assets of a protected cell if all
remuneration, expenses, and other compensation of the third party advisor or manager are payable from the
protected cell assets of that protected cell, and not from the protected assets of other cells or the assets of the
protected cell captive insurance company’s general account. (Section 6).

The bill provides that the assets of a protected cell may not be used to pay any expenses or claims other than those
attributable to the protected cell. (Section 6).

A protected cell captive insurance company’s capital and surplus must at all times be available to pay any expenses
or claims against the protected cell captive insurance company. (Section 6).

Reinsurance Contracts
The protected cell captive insurance company must attribute all insurance obligations, assets, and liabilities
relating to a reinsurance contract entered into with respect to a protected cell to such protected cell. (Section 6).

The performance under such reinsurance contract and any tax benefits, losses, refunds, or credits allocated
pursuant to a tax allocation agreement to which the protected cell captive insurance company is a party must
reflect the insurance obligations, assets, and liabilities relating to the reinsurance contract which are attributed to
such protected cell. (Section 6).

Dividends and Distributions
A protected cell captive insurance company may not sell, exchange, transfer, or otherwise distribute assets, or pay
any dividend or distribution from a protected cell to the company or to a participant without OIR’s approval. The
bill prohibits OIR from approving any sale, exchange, transfer, dividend, or distribution that would result in
insolvency or impairment of a protected cell. (Section 6).

Business Written by a Protected Cell Captive Insurance Company
The bill requires the business written by a protected cell captive insurance company to be:
 Fronted11 by an insurance company licensed under the laws of any state.
 Reinsured by a reinsurer authorized or approved by Florida.
 Secured by a trust fund in the United States for the benefit of policyholders and claimants or funded by an
irrevocable letter of credit or other arrangement that is acceptable to OIR. The amount of security provided
may not be less than the reserves associated with those liabilities which are neither fronted nor reinsured.
(Section 6).

Rehabilitation or Liquidation
Each protected cell captive insurance company must notify OIR in writing within 10 business days of any protected
cell that is insolvent or otherwise unable to meet its claim or expense obligations. (Section 6).

11 “Fronting” means the use of a licensed, admitted insurer to issue an insurance policy on behalf of a self-insured organization

or captive insurer without the intention of transferring any of the risk. The risk of loss is retained by the self-insured or captive
insurer with an indemnity or reinsurance agreement. However, the fronting company assumes a credit risk since it would be
required to honor the obligations imposed by the policy if the self-insurer or captive failed to indemnify it. See International
Risk Management Institute, Fronting, https://www.irmi.com/term/insurance-
definitions/fronting#:~:text=Fronting%20refers%20to%20the%20use,Conferences (last visited Feb. 8, 2026).
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If a protected cell captive insurance company enters into rehabilitation or liquidation proceedings, the assets and
liabilities of a protected cell must be kept separate from those of other protected cells and the protected cell
captive insurance company, to the extent OIR determines they are separable. (Section 6).

In the event of an insolvency of a protected cell captive insurance company where OIR determines that one or
more protected cells remain solvent, OIR may separate those solvent cells from the protected cell captive insurance
company and may allow for the conversion of such protected cells into one or more new or existing protected cell
captive insurance companies, or one or more other captive insurance companies, pursuant to a plan of operation
which OIR deems acceptable. (Section 6).

The bill provides that upon any order of supervision, rehabilitation, or liquidation of a protected cell captive
insurance company, the receiver12 must manage the assets and liabilities of the protected cell captive insurance
company. (Section 6).

Legal Proceedings Against a Protected Cell Captive Insurance Company
The pleadings in any legal action brought by or against a protected cell captive insurance company must specify
which protected cell or cells are or should be named a party to the lawsuit. If the general account is party to the
suit, such account must be separately identified in the pleadings as if it were a protected cell. (Section 6).

The bill provides that if a legal action brought against a protected cell captive insurance company does not specify
one or more protected cells, it must be deemed to have been brought against the general account only. (Section 6).

The bill provides that any protected cell that is not named in the pleadings of a lawsuit may not be deemed to be a
party to the legal action, and if erroneously named as a party, it is entitled to prompt dismissal from the lawsuit.
(Section 6).

The bill provides that the assets of one protected cell may not be encumbered or seized to satisfy the obligations of
or a judgment against any other protected cell, unless specified by the plan of operation. A protected cell does not
have a duty to defend the rights and obligations of any other protected cell. (Section 6).

The bill provides that in any legal action involving a protected cell captive insurance company or a protected cell,
any papers, documents, or property of a nonparty protected cell must be afforded the same status during discovery
as the documents or property of any other unrelated third party. Further, a nonparty protected cell has standing to
appear and petition for any appropriate relief to protect the confidentiality of its papers and documents. (Section
6).

Conversion
The bill provides that upon the application of a protected cell captive insurance company, one of its protected cells
may be converted to any form of captive insurance company with OIR’s consent. OIR may issue the converting
protected cell a certificate of authority with an effective date of the original date of formation as a protected cell.
(Section 6).

The bill provides that a captive insurance company may apply to OIR to become a protected cell captive insurance
company. This conversion requires approval by OIR and the filing of amended organizational documents with the
Secretary of State. The effective date of the certificate of authority would remain the same as the effective date of
the prior captive insurance company. (Section 6).

The bill provides that with the consent of both the affected protected cell captive insurance companies and OIR, an
individual protected cell of a captive insurance company may disaffiliate from one protected cell captive insurance

12 The Department of Financial Services is the appointed receiver of all insurance companies ordered into receivership in

Florida. See ch. 631, F.S.
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company and affiliate with another protected cell captive insurance company. The protected cell must maintain
and carry over all assets and liabilities to the new protected cell captive insurance company. (Section 6).

The bill provides that with the consent of the affected protected cell captive insurance company or companies, the
owners or the participants of the protected cells, and OIR, an individual protected cell of a captive insurance
company may merge or otherwise combine assets or liabilities with another individual protected cell of a
protected cell captive insurance company. The surviving protected cell must acquire all of the assets and liabilities
of the merging protected cell. (Section 6).

The date of final conversion or disaffiliation of a protected cell shall be deemed a termination of that cell from the
prior entity only for the purpose of annual reports, inspections, examinations, and taxation. The prior entity is
responsible for the accounting, oversight, and premium tax on any transactions before the date of final conversion
or disaffiliation; however, the successor entity is responsible for the accounting, oversight, and premium tax on any
transactions on or after the date of final conversion or disaffiliation. (Section 6).

Financial Reporting to OIR
Each protected cell captive insurance company must annually file with OIR any financial reports required by OIR.
The bill provides that these reports must include accounting statements detailing the financial experience of each
protected cell. (Section 6).

Applicability of the Florida Insurance Code
The bill provides that the Florida Insurance Code does not apply to protected cell captive insurance companies, as
is currently the case for captive insurance companies. (Section 5).

Effective Date
The bill provides an effective date of July 1, 2026. (Section 7).

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
There may be an indeterminate economic impact on the private sector to the extent that businesses may find it
easier to self-insure through this model.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Office of Insurance Regulation
The Office of Insurance Regulation (“OIR”) regulates all activities relating to insurers and other risk bearing
entities, including licensing, rates, policy forms, marked conduct, claims, issuance of certificates of authority,
solvency, viatical settlements, premium financing, and administrative supervision.13

Florida Insurance Code
The Florida Insurance Code14 provides the regulatory framework for admitted insurers in the state. Insurance
companies that transact insurance in Florida or that have offices located in the state are required to obtain a
certificate of authority (“COA”) issued by OIR. These companies, referred to as authorized or admitted insurers, are
broadly regulated by OIR under the Insurance Code as to reserves, surplus as to policyholders, solvency, rates and
forms, market conduct, permissible investments, and affiliate relationships.15 Authorized insurers are also required

13 S. 20.121(3)(a), F.S.
14 See s. 624.01, F.S.
15 The Insurance Code consists of chs. 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S.

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to participate in a variety of government mandated insurance programs and pay assessments levied by state
guaranty funds in the event of insurer insolvencies.16

The Florida Insurance Code also authorizes OIR to examine the affairs, transactions, accounts, records, and assets
of each insurer that holds a COA to transact insurance business in Florida.17 As part of the examination process, all
persons being examined must make available to OIR the accounts, records, documents, files, information, assets,
and matters in their possession or control that relate to the subject of the examination.18 OIR is also authorized to
conduct market conduct examinations to determine compliance with applicable provisions of the Florida
Insurance Code.

Captive Insurance
Captive insurance is a specialized form of self-insurance allowing a business to create its own insurance company
to cover specific types of risk. Rather than purchasing coverage from a traditional insurance company, the business
establishes a “captive” insurance company to underwrite its own risks. The captive insurer operates by having its
owner pay premiums to cover specific risks. The captive insurer then underwrites policies, invests the premiums,
and manages claims. Profits can be returned to the owner as dividends, reinvested to build surplus, used to reduce
future premiums, expand coverage, or fund risk management initiatives that help mitigate future losses.19

Captives are commonly used to manage unique or complex risks. Sometimes traditional commercial policies have
policy gaps, exclusions, or are too expensive.20

The types of risk covered by captive insurance companies include:21
 Professional and management liability.
o Errors and omissions
o Directors and officers
 Product liability
 Specialized risks
o Cyber liability
o Environmental (i.e., pollution)
o Active shooter
o Terrorism
o Supply chain disruption
o Reputational risks
o Cannabis
 Commercial property and casualty
o General liability
o Commercial auto
o Property damage
o Business interruption

16 For example, Florida licensed direct writers of property and casualty insurance must be members of the Florida Insurance

Guaranty Association (“FIGA”), which handles the claims of insolvent insurers under part II of ch. 631, F.S., and insurers
offering workers’ compensation coverage in Florida must be members of the Florida Workers’ Compensation Insurance
Guaranty Association, which provides payment of covered claims for insurers that are declared insolvent under part V of
ch. 631, F.S.
17 S. 624.316(1)(a), F.S.
18 S. 624.318(2), F.S.
19 Captive.com, The Expanding Role of Captives in Today’s Changing Risk Market, https://www.captive.com/news/the-

expanding-role-of-captives-in-todays-changing-risk-market (last visited Feb. 18, 2026).
20 Id.
21 Id.

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Captive insurers are sometimes used to supplement traditional commercial policies with high deductibles or to
cover self-insured retentions.22

Florida, authorizes and regulates captive insurance companies. A captive insurance company may do any and all
insurance authorized under the insurance code, except for workers’ compensation and employer’s liability, life,
health, personal motor vehicle, and personal residential property.23

Presently, there are three domestic captive insurers authorized to do business in Florida, two of which became
authorized since the beginning of 2025.24 Minimum unimpaired capital requirements for a Florida authorized
captive insurer are:25
 For a pure captive insurance company, at least $100,000.
 For an industrial insured captive insurance company incorporated as a stock insurer, at least $200,000.
 For a special purpose captive insurance company, an amount determined by OIR after giving due
consideration to the company’s business plan, feasibility study, and pro forma financial statements and
projections, including the nature of the risks to be insured.

Minimum maintained unrestricted net asset requirements for a Florida authorized captive insurer incorporated as
a nonprofit corporation are: 26
 For a pure captive insurance company, at least $250,000.
 For a special purpose captive insurance company, an amount determined by OIR after giving due
consideration to the company’s business plan, feasibility study, and pro forma financial statements and
projections, including the nature of the risks to be insured.

Protected Cell Captive Insurance Companies
A protected cell captive insurance company is a single legal insurance entity that allows legally segregated
companies to effectively receive the benefits of the captive insurance model without the costs of the full set-up of a
standalone captive insurance company.27

When businesses join the protected cell captive insurance company, their individual assets are kept in their own
walled-off cells, separate from the assets of other businesses participating in the protected cell captive insurance
company.28 The assets in one participant's account may not be used to pay liabilities in another unless the
respective participants have entered into an agreement to do so.29 Each cell functions like a separate company
protecting its finances from other cells and the core's general business.30

A hardening insurance market coupled with inflation has led to the growth of captive insurers, and in recent times,
protected cell captive insurance companies have seen a surge in popularity.31

22 Id.
23 S. 628.905, F.S.
24 Office of Insurance Regulation, Active Company Search, https://companysearch.floir.gov/ (last visited Feb. 18, 2026).
25 S. 628.907(1), F.S.
26 S. 628.907(2), F.S.
27 Captive.com, What is a Protected or Segregared Cell Captive?, https://www.captive.com/articles/what-is-a-protected-or-

segregated-cell-captive#:~:text=Tax%20deductibility%20of%20premiums%20not,an%20agreement%20to%20do%20so
(last visited Feb. 18, 2026).
28 Id.
29 Id.
30 Id.
31 Anthony Bellano, Protected Cell Structures Fuel Captive Growth, Best’s Review (August 2022), available at

https://bestsreview.ambest.com/edition/2022/August/docs/BestsReviewAugust2022.pdf?reload=1673039112745&utm
(last visited Feb. 18, 2026).
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Florida does not currently recognize protected cell captive insurance companies as a type of captive insurer.
However, 28 states and the District of Columbia recognize protected cell captive insurance companies.32

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 2/11/2026 Brackett Miguez
Subcommittee
THE CHANGES ADOPTED BY THE  Increased the unimpaired paid-in capital requirements for protected
COMMITTEE: cell captive insurance companies from $100,000 to $200,000.
 Increased the unimpaired paid-in capital requirements for nonprofit
corporations forming a protected cell captive insurance company from
$100,000 to $250,000.
 Increased the unimpaired surplus requirements for protected cell
captive insurance companies from $100,000 to $150,000.
 Made a technical change.
Civil Justice & Claims 14 Y, 0 N 2/18/2026 Jones Mawn
Subcommittee
Commerce Committee Hamon Miguez

32 States that recognize protected cell captive insurance companies include: Alabama, Arizona, Arkansas, Connecticut,

Delaware, the District of Columbia, Georgia, Hawaii, Illinois, Iowa, Kansas, Kentucky, Maine, Michigan, Missouri, Montana,
Nevada, New Jersey, North Carolina, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont,
Virginia, and Washington. See National Association of Insurance Commissioners, Protected Cell Company Model Act,
https://content.naic.org/sites/default/files/model-law-state-page-290.pdf (last visited Feb. 18, 2026).
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CS/HB 883 2026

1 A bill to be entitled
2 An act relating to protected cell captive insurance
3 companies; amending s. 628.901, F.S.; revising the
4 definitions of the terms "captive insurance company"
5 and "special purpose captive insurance company";
6 defining terms; amending s. 628.905, F.S.; specifying
7 that a protected cell captive insurance company may
8 only insure certain risks; amending s. 628.907, F.S.;
9 revising the unimpaired paid-in capital requirements
10 for captive insurance companies; revising the
11 unrestricted net asset requirements for captive
12 insurance companies incorporated as nonprofit
13 corporations; amending s. 628.908, F.S.; revising the
14 unimpaired surplus requirements for captive insurance
15 companies; amending s. 628.909, F.S.; revising
16 applicability; creating s. 628.921, F.S.; authorizing
17 one or more sponsors to form a protected cell captive
18 insurance company; requiring protected cell captive
19 insurance companies to be incorporated in a specified
20 manner; requiring applicant protected cell captive
21 insurance companies to file certain information with
22 the Office of Insurance Regulation; authorizing
23 protected cell captive insurance companies to
24 establish and maintain certain protected cells,
25 subject to certain approvals granted by the office;

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26 specifying conditions on protected cell establishment
27 and maintenance; providing construction; specifying
28 requirements regarding protected cells' assets and
29 liabilities and their attribution; requiring protected
30 cell captive insurance companies to file annual
31 reports, as required by the office, and to notify the
32 office when any protected cell is insolvent or unable
33 to meet its obligations; requiring the office's
34 approval before a participant contract may take
35 effect; specifying requirements for any insurance
36 business written by a protected cell captive insurance
37 company and the security arrangements that must be
38 established; authorizing the office to take certain
39 actions in the event of an insolvency of a protected
40 cell captive insurance company; requiring certain
41 affidavits for owners of incorporated protected cells;
42 authorizing the assets of two or more protected cells
43 to be combined for a specified purpose; specifying
44 that such combination may not be construed in a
45 certain manner; authorizing the office to approve the
46 use of certain methods for valuation of certain assets
47 and liabilities and rating the risk attributable to a
48 protected cell; requiring a receiver to manage the
49 assets and liabilities of protected cell captive
50 insurance companies under certain circumstances;

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51 prohibiting assets of protected cells from being used
52 to pay certain expenses and claims; requiring that
53 protected cell captive insurance companies' capital
54 and surplus be available to pay certain expenses or
55 claims; specifying requirements in actions brought by
56 or against protected cell captive insurance companies;
57 specifying that certain legal actions are deemed to be
58 brought against the general account only; specifying
59 that protected cells not named in an action are not
60 deemed to be a party to the action and are entitled to
61 dismissal under certain circumstances; prohibiting the
62 assets of protected cells from being encumbered or
63 seized under certain circumstances; specifying that
64 protected cells do not have a duty to defend the
65 rights and obligations or other protected cells;
66 requiring protected cell captive insurance companies
67 and protected cells to be afforded a certain status
68 during discovery; specifying that nonparty protected
69 cells have standing under certain circumstances;
70 authorizing protected cells to be converted to any
71 authorized form of captive insurance company;
72 authorizing the office to issue a specified
73 certificate of authority; requiring converting
74 protected cells to file certain organizational
75 documents; specifying requirements for such documents;

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76 specifying the formation date upon conversion;
77 requiring converted protected cells to possess certain
78 assets and liabilities; requiring the converting
79 protected cell to submit amended organizational
80 documents under certain circumstances; authorizing
81 captive insurance companies to apply to the office for
82 conversion to protected cell captive insurance
83 companies; requiring captive insurance companies to be
84 issued a revised certificate of authority under
85 certain circumstances; specifying the effective date
86 of such certificate; authorizing protected cells of a
87 captive insurance company to disaffiliate and to
88 affiliate with another protected cell captive
89 insurance company under certain circumstances;
90 authorizing the office to require changes to certain
91 documents under certain circumstances; specifying the
92 formation date of protected cells that affiliate with
93 another protected cell captive insurance company;
94 requiring such protected cells to maintain and carry
95 over certain assets and liabilities; authorizing an
96 individual protected cell to merge or otherwise
97 combine assets and liabilities with another individual
98 protected cell, subject to certain requirements;
99 specifying that a hearing is not required for certain
100 mergers; specifying the date of final conversion or

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101 disaffiliation of a protected cell for certain
102 purposes; specifying that the prior entity and
103 successor entities are responsible for certain tasks;
104 providing an effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Present subsections (8) through (11), (12)
109 through (14), and (15) of section 628.901, Florida Statutes, are
110 redesignated as subsections (9) through (12), (19) through (21),
111 and (23), respectively, new subsections (8) and (13) through
112 (15) and subsections (16) through (18) and (22) are added to
113 that section, and subsection (2) and present subsection (14) of
114 that section are amended, to read:
115 628.901 Definitions.—As used in this part, the term:
116 (2) "Captive insurance company" means a domestic insurer
117 established under this part. A captive insurance company
118 includes a protected cell captive insurance company, pure
119 captive insurance company, special purpose captive insurance
120 company, or industrial insured captive insurance company formed
121 and licensed under this part.
122 (8) "General account" means all assets and liabilities of
123 a protected cell captive insurance company not attributable to a
124 protected cell.
125 (13) "Participant" means a person or an entity, and any

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126 affiliate of such person or entity, which is insured by a
127 protected cell captive insurance company, if the losses of the
128 participant are limited through a participant contract.
129 (14) "Participant contract" means a contract by which a
130 protected cell captive insurance company insures the risks of a
131 participant and limits the losses of each such participant to
132 its pro rata share of the assets of one or more protected cells
133 identified in such contract.
134 (15) "Protected cell" means a separate account established
135 by a protected cell captive insurance company formed or licensed
136 under this part, in which account an identified pool of assets
137 and liabilities is segregated and insulated by means of this
138 part from the remainder of the protected cell captive insurance
139 company's assets and liabilities in accordance with the terms of
140 one or more participant contracts to fund the liabilities of the
141 protected cell captive insurance company with respect to the
142 participants as set forth in the participant contracts.
143 (16) "Protected cell assets" means all assets, contract
144 rights, and general intangibles identified with and attributable
145 to a specific protected cell of a protected cell captive
146 insurance company.
147 (17) "Protected cell captive insurance company" means a
148 captive insurance company:
149 (a) In which the minimum capital and surplus required by
150 this part are provided by one or more sponsors;

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151 (b) That is formed or licensed under this part;
152 (c) That insures the risks of separate participants
153 through participant contracts; and
154 (d) That funds its liability to each participant through
155 one or more protected cells and segregates the assets of each
156 protected cell from the assets of other protected cells and from
157 the assets of the protected cell captive insurance company's
158 general account.
159 (18) "Protected cell liabilities" means all liabilities
160 and other obligations identified with and attributed to a
161 specific protected cell of a protected cell captive insurance
162 company.
163 (21)(14) "Special purpose captive insurance company" means
164 a captive insurance company that is formed or licensed under
165 this part which chapter that does not meet the definition of any
166 other type of captive insurance company defined in this section.
167 (22) "Sponsor" means any person or entity that is approved
168 by the office to provide all or part of the capital and surplus
169 required by this part and to organize and operate a protected
170 cell captive insurance company.
171 Section 2. Paragraph (f) is added to subsection (1) of
172 section 628.905, Florida Statutes, to read:
173 628.905 Licensing; authority.—
174 (1) A captive insurance company, if permitted by its
175 charter or articles of incorporation, may apply to the office

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176 for a license to do any and all insurance authorized under the
177 insurance code, other than workers' compensation and employer's
178 liability, life, health, personal motor vehicle, and personal
179 residential property insurance, except that:
180 (f) A protected cell captive insurance company may only
181 insure the risks of its protected cell participants.
182 Section 3. Subsections (1) and (2) of section 628.907,
183 Florida Statutes, are amended to read:
184 628.907 Minimum capital and net assets requirements;
185 restriction on payment of dividends.—
186 (1) A captive insurance company may not be issued a
187 license unless it possesses and thereafter maintains the
188 following applicable unimpaired paid-in capital requirements of:
189 (a) In the case of a protected cell captive insurance
190 company, at least $200,000.
191 (b) In the case of a pure captive insurance company, at
192 least $100,000.;
193 (c)(b) In the case of an industrial insured captive
194 insurance company incorporated as a stock insurer, at least
195 $200,000.; and
196 (d)(c) In the case of a special purpose captive insurance
197 company, an amount determined by the office after giving due
198 consideration to the company's business plan, feasibility study,
199 and pro forma financial statements and projections, including
200 the nature of the risks to be insured.

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201 (2) The office may not issue a license to a captive
202 insurance company incorporated as a nonprofit corporation unless
203 the company possesses and maintains the following applicable
204 unrestricted net assets requirements of:
205 (a) In the case of a protected cell captive insurance
206 company, at least $250,000.
207 (b) In the case of a pure captive insurance company, at
208 least $250,000.
209 (c)(b) In the case of a special purpose captive insurance
210 company, an amount determined by the office after giving due
211 consideration to the company's business plan, feasibility study,
212 and pro forma financial statements and projections, including
213 the nature of the risks to be insured.
214 Section 4. Subsection (1) of section 628.908, Florida
215 Statutes, is amended to read:
216 628.908 Surplus requirements; restriction on payment of
217 dividends.—
218 (1) The office may not issue a license to a captive
219 insurance company unless the company possesses and maintains the
220 following applicable unimpaired surplus requirements of:
221 (a) In the case of a pure captive insurance company, at
222 least $150,000.
223 (b) In the case of a protected cell captive insurance
224 company, at least $150,000.
225 (c) In the case of an industrial insured captive insurance

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226 company incorporated as a stock insurer, at least $300,000.
227 (d)(c) In the case of an industrial insured captive
228 insurance company incorporated as a mutual insurer, at least
229 $500,000.
230 (e)(d) In the case of a special purpose captive insurance
231 company, an amount determined by the office after giving due
232 consideration to the company's business plan, feasibility study,
233 and pro forma financial statements and projections, including
234 the nature of the risks to be insured.
235 Section 5. Subsection (1) of section 628.909, Florida
236 Statutes, is amended to read:
237 628.909 Applicability of other laws.—
238 (1) The Florida Insurance Code does not apply to captive
239 insurance companies, protected cell captive insurance companies,
240 or industrial insured captive insurance companies except as
241 provided in this part and subsections (2) and (3).
242 Section 6. Section 628.921, Florida Statutes, is created
243 to read:
244 628.921 Protected cell captive insurance companies.—
245 (1) One or more sponsors may form a protected cell captive
246 insurance company under this part.
247 (2) A protected cell captive insurance company must be
248 incorporated as a stock insurer with its capital divided into
249 shares and held by the stockholders, as a mutual corporation, as
250 a nonprofit corporation with one or more members, or as a

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251 limited liability company.
252 (3) In addition to the information required by chapter
253 624, each applicant protected cell captive insurance company
254 must file all of the following information with the office:
255 (a) Materials demonstrating how the applicant will account
256 for the loss and expense experience of each protected cell at a
257 level of detail found to be sufficient by the office, and how it
258 will report such experience to the office.
259 (b) A statement acknowledging that all financial records
260 of the applicant, including records pertaining to any protected
261 cells, must be made available for inspection or examination by
262 the office or the office's designated agent.
263 (c) All contracts or sample contracts between the
264 applicant and any participants.
265 (d) Evidence that expenses will be allocated to each
266 protected cell in a fair and equitable manner.
267 (4) A protected cell captive insurance company formed or
268 licensed under this part may establish and maintain one or more
269 incorporated or unincorporated protected cells, to insure risks
270 of one or more participants, subject to all of the following
271 conditions:
272 (a)1. A protected cell captive insurance company may
273 establish one or more protected cells if the office has approved
274 in writing a plan of operation or amendments to a plan of
275 operation submitted by the protected cell captive insurance

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276 company with respect to each protected cell. A plan of operation
277 must include, but is not limited to, the specific business
278 objectives and investment guidelines of the protected cell.
279 However, the office may require additional information in the
280 plan of operation. The office may make the approval of a plan of
281 operation or amendments to a plan of operation effective as of
282 any date on or before the date the approval is signed so long as
283 the effective date is no earlier than the date on which the plan
284 of operation or amendments to the plan of operation were filed
285 with the office.
286 2. Upon the office's written approval of the plan of
287 operation, the protected cell captive insurance company, in
288 accordance with the approved plan of operation, may attribute
289 insurance obligations with respect to its insurance business to
290 the protected cell.
291 3. A protected cell must have its own distinct name or
292 designation, which must include the words "protected cell" or
293 "incorporated cell." Such names or designations may also be
294 reasonably abbreviated, including, without limitation, PC or
295 P.C. for "protected cell"; IC, I.C., IPC, or I.P.C. for
296 "incorporated cell"; and SC, S.C., SPC, or S.P.C. for "series
297 cell."
298 4. The protected cell captive insurance company shall
299 transfer all assets attributable to a protected cell to one or
300 more separately established and identified protected cell

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301 accounts bearing the name or designation of that protected cell.
302 Protected cell assets must be held in the protected cell
303 accounts for the purpose of satisfying the obligations of that
304 protected cell.
305 5. An incorporated protected cell may be organized and
306 operated in any form of business organization authorized by the
307 office, including, but not limited to, an individual series of a
308 limited liability company under chapter 605. Each incorporated
309 protected cell of a protected cell captive insurance company
310 must be treated as a captive insurer for purposes of this part
311 and has the power to enter into contracts, including an
312 individual series of a limited liability company. Unless
313 otherwise permitted by the organizational documents of a
314 protected cell captive insurance company, each incorporated
315 protected cell of the protected cell captive insurance company
316 must have the same directors, secretary, and registered office
317 as the protected cell captive insurance company.
318 6. All attributions of assets and liabilities between a
319 protected cell and the general account must be in accordance
320 with the plan of operation and participant contracts approved by
321 the office. A protected cell captive insurance company may not
322 make other attributions of assets or liabilities between the
323 protected cell captive insurance company's general account and
324 its protected cells. Any attribution of assets and liabilities
325 between the general account and a protected cell must be in cash

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326 or in readily marketable securities with established market
327 values.
328 (b) The creation of a protected cell does not create, with
329 respect to that protected cell, a legal person separate from the
330 protected cell captive insurance company unless the protected
331 cell is an incorporated cell. Amounts attributed to a protected
332 cell under this part, including assets transferred to a
333 protected cell account, are owned by the protected cell. A
334 protected cell captive insurance company may not act as, or hold
335 itself out to be, a trustee of the protected cell assets of the
336 protected cell account. Notwithstanding this subsection, a
337 protected cell captive insurance company may permit a security
338 interest to attach to the assets of a protected cell assets or a
339 protected cell account if the security interest is in favor of a
340 creditor of that protected cell and is otherwise authorized by
341 applicable law.
342 (c) This subsection may not be construed to prohibit the
343 protected cell captive insurance company from contracting with
344 or arranging for an investment advisor, commodity trading
345 advisor, or other third party to manage the protected cell
346 assets of a protected cell if all remuneration, expenses, and
347 other compensation of the third-party advisor or manager are
348 payable from the protected cell assets of that protected cell
349 and not from the protected cell assets of other protected cells
350 or the assets of the protected cell captive insurance company's

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351 general account.
352 (d)1. A protected cell captive insurance company must
353 establish administrative and accounting procedures necessary to
354 properly identify the one or more protected cells of the
355 protected cell captive insurance company and the protected cell
356 assets and protected cell liabilities attributable to the
357 protected cells. The directors of a protected cell captive
358 insurance company must keep protected cell assets and protected
359 cell liabilities:
360 a. Separate and separately identifiable from the assets
361 and liabilities of the protected cell captive insurance
362 company's general account; and
363 b. Attributable to one protected cell separate and
364 separately identifiable from protected cell assets and protected
365 cell liabilities attributable to other protected cells.
366 2. If subparagraph 1. is violated, the remedy of tracing
367 applies to protected cell assets that have been commingled with
368 the protected cell assets of other protected cells or with the
369 assets of the protected cell captive insurance company's general
370 account. The remedy of tracing may not be construed as
371 exclusive.
372 (e) When establishing a protected cell, the protected cell
373 captive insurance company must attribute to the protected cell
374 assets a value at least equal to the reserves and other
375 insurance liabilities attributed to that protected cell.

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376 (f) Each protected cell must be accounted for separately
377 on the books and records of the protected cell captive insurance
378 company to reflect the financial condition and results of
379 operations of such protected cell, net income or loss, dividends
380 or other distributions to participants, and such other factors
381 as may be provided in the participant contract or required by
382 the office.
383 (g) An asset of a protected cell may not be charged with,
384 or otherwise made liable for, any liability arising out of
385 insurance business conducted by the protected cell captive
386 insurance company on behalf of any other protected cell or its
387 general account.
388 (h) A protected cell captive insurance company may not
389 sell, exchange, or otherwise transfer assets between or among
390 any of its protected cells without the consent of such protected
391 cells.
392 (i) A protected cell captive insurance company may not
393 sell, exchange, transfer, or otherwise distribute assets, or pay
394 any dividend or distribution, from a protected cell to the
395 company or to a participant without the approval of the office.
396 The office may not approve any sale, exchange, transfer,
397 dividend, or distribution that would result in the insolvency or
398 impairment of a protected cell.
399 (j) All attributions of assets and liabilities to the
400 protected cells and the general account must be in accordance

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401 with the plan of operation approved by the office. A protected
402 cell captive insurance company may not attribute assets or
403 liabilities between its general account and any protected cell,
404 or between any protected cells. The protected cell captive
405 insurance company must attribute all insurance obligations,
406 assets, and liabilities relating to a reinsurance contract
407 entered into with respect to a protected cell to such protected
408 cell. The performance under such reinsurance contract and any
409 tax benefits, losses, refunds, or credits allocated pursuant to
410 a tax allocation agreement to which the protected cell captive
411 insurance company is a party, including any payments made by or
412 due to be made to the protected cell captive insurance company
413 pursuant to the terms of such agreement, must reflect the
414 insurance obligations, assets, and liabilities relating to the
415 reinsurance contract which are attributed to such protected
416 cell.
417 (k) In connection with the rehabilitation or liquidation
418 of a protected cell captive insurance company, the assets and
419 liabilities of a protected cell must, to the extent the office
420 determines they are separable, at all times be kept separate
421 from, and may not be commingled with, those of other protected
422 cells and the protected cell captive insurance company.
423 (l) Each protected cell captive insurance company must
424 annually file with the office such financial reports as required
425 by the office. Any such financial report must include, without

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426 limitation, accounting statements detailing the financial
427 experience of each protected cell.
428 (m) Each protected cell captive insurance company must
429 notify the office in writing within 10 business days of any
430 protected cell that is insolvent or otherwise unable to meet its
431 claim or expense obligations.
432 (n) A participant contract may not take effect without the
433 office's prior written approval. The addition of each new
434 protected cell, the withdrawal of any participant, or the
435 termination of any existing protected cell constitutes a change
436 in the plan of operation requiring the office's prior written
437 approval.
438 (o) The business written by a protected cell captive
439 insurance company, with respect to each protected cell, must be:
440 1. Fronted by an insurance company licensed under the laws
441 of any state;
442 2. Reinsured by a reinsurer authorized or approved by this
443 state; or
444 3. Secured by a trust fund in the United States for the
445 benefit of policyholders and claimants or funded by an
446 irrevocable letter of credit or other arrangement that is
447 acceptable to the office. The amount of security provided may
448 not be less than the reserves associated with those liabilities
449 which are neither fronted nor reinsured, including reserves for
450 losses, allocated loss adjustment expenses, incurred but not

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451 reported losses, and unearned premiums for business written
452 through the participant's protected cell. The office may require
453 the protected cell captive insurance company to increase the
454 funding of any security arrangement established under this
455 paragraph. If the form of security is a letter of credit, the
456 letter of credit must be issued or confirmed by a bank approved
457 by the office. A trust maintained pursuant to this paragraph
458 must be established in a form and upon such terms as approved by
459 the office.
460 (p) Notwithstanding this part or other laws of this state,
461 and in addition to subsection (6), in the event of an insolvency
462 of a protected cell captive insurance company where the office
463 determines that one or more protected cells remain solvent, the
464 office may separate such cells from the protected cell captive
465 insurance company and may allow, on application of the protected
466 cell captive insurance company, for the conversion of such
467 protected cells into one or more new or existing protected cell
468 captive insurance companies, or one or more other captive
469 insurance companies, pursuant to such plan of operation as the
470 office deems acceptable.
471 (q) Biographical affidavits are not required for
472 participants in unincorporated cells. However, biographical
473 affidavits are required for owners of incorporated cells,
474 including series members of a series limited liability company.
475 (r) A protected cell captive insurance company formed or

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476 licensed under this part may establish and operate both
477 unincorporated and incorporated protected cells.
478 (5) Notwithstanding subsection (4), the assets of two or
479 more protected cells may be combined for purposes of investment,
480 and such combination may not be construed as defeating the
481 segregation of such assets for accounting or other purposes.
482 Notwithstanding any other provision of the insurance code, the
483 office may approve the use of alternative reliable methods for
484 the valuation of protected cell assets and liabilities and for
485 the rating of risks attributable to a protected cell.
486 (6) Upon any order of supervision, rehabilitation, or
487 liquidation of a protected cell captive insurance company, the
488 receiver shall manage the assets and liabilities of the
489 protected cell captive insurance company pursuant to this part.
490 (7)(a) Assets of a protected cell may not be used to pay
491 any expenses or claims other than those attributable to such
492 protected cell.
493 (b) A protected cell captive insurance company's capital
494 and surplus must at all times be available to pay any expenses
495 of or claims against the protected cell captive insurance
496 company.
497 (8)(a) The pleadings in any legal action brought by or
498 against a protected cell captive insurance company must specify
499 which protected cell or cells are or should be named a party to
500 the suit. If the general account is party to the suit, such

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501 account must be separately identified in the pleadings as if it
502 were a protected cell.
503 (b) A legal action brought against a protected cell
504 captive insurance company which does not specify one or more
505 protected cells shall be deemed to have been brought against the
506 general account only.
507 (c) Any protected cell that is not named in the pleadings
508 of the legal action may not be deemed to be a party to the legal
509 action. Any protected cell that is erroneously named as a party
510 or named without proper cause is entitled to prompt dismissal
511 from the legal action.
512 (d) Unless specified by the plan of operation, participant
513 contract, or other prior contractual agreement, the assets of
514 one protected cell may not be encumbered or seized to satisfy
515 the obligations of or a judgment against any other protected
516 cell. A protected cell does not have a duty to defend the rights
517 and obligations of any other protected cell.
518 (e) In any legal action involving a protected cell captive
519 insurance company or a protected cell, any papers, documents, or
520 property of a nonparty protected cell must be afforded the same
521 status during discovery as the documents or property of any
522 other unrelated third party. A nonparty protected cell has
523 standing to appear and petition for any appropriate relief to
524 protect the confidentiality of its papers or documents.
525 (9)(a)1. Upon the application of a protected cell captive

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526 insurance company, one of its protected cells may be converted
527 to any form of captive insurance company authorized pursuant to
528 this part with the consent of the office. Upon compliance with
529 this part, the office may issue to the converting protected cell
530 a certificate of authority with an effective date of its
531 original date of formation as a protected cell.
532 2. If the converting protected cell is a series of a
533 limited liability company, the protected cell must file
534 organizational documents with the Secretary of State which
535 comply with this part. The organizational documents must include
536 the date of formation as a series of a limited liability
537 company. Upon conversion, the formation date of the series shall
538 be deemed the formation date of the converted protected cell.
539 The converted protected cell shall possess all assets and
540 liabilities, including outstanding insurance liabilities, owned
541 by the predecessor series.
542 3. If the converting protected cell is any other type of
543 incorporated protected cell entity, the converting protected
544 cell must submit amended organizational documents to the
545 Secretary of State which comply with this part.
546 4. If the converting protected cell is neither a series of
547 a limited liability company nor an incorporated protected cell,
548 the protected cell must file organizational documents with the
549 Secretary of State which comply with this part. The
550 organizational documents must include the date of formation as a

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551 protected cell. Upon conversion, the formation date of the
552 protected cell is the formation date of the converted protected
553 cell. The converted protected cell shall possess all assets and
554 liabilities, including outstanding insurance liabilities, owned
555 by the predecessor cell.
556 (b) A captive insurance company may apply to the office
557 for conversion to become a protected cell captive insurance
558 company under any form permitted under this part. Upon
559 compliance with this part, approval by the office, and the
560 filing of amended organizational documents with the Secretary of
561 State, the captive insurance company must be issued a revised
562 certificate of authority. The effective date of the revised
563 protected cell captive insurance company's certificate of
564 authority shall remain the same as the effective date of the
565 prior captive insurance company.
566 (c) With the consent of both the affected protected cell
567 captive insurance companies and the office, an individual
568 protected cell of a captive insurance company may disaffiliate
569 from one protected cell captive insurance company and affiliate
570 with another protected cell captive insurance company. The
571 office may require the affected protected cell captive insurance
572 companies and the individual protected cell to make necessary
573 changes to their business plans, organizational documents,
574 participation contracts, or other governing documents before
575 approving the change in affiliation. The formation date of a

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576 protected cell that affiliates with another protected cell
577 captive insurance company shall be the date of its original
578 formation with the prior protected cell captive insurance
579 company. A protected cell shall maintain and carry over all
580 assets and liabilities, including outstanding insurance
581 liabilities, to the new protected cell captive insurance
582 company.
583 (d) With the consent of the affected protected cell
584 captive insurance company or companies, the owners or the
585 participants of the protected cells, and the office, an
586 individual protected cell of a captive insurance company may
587 merge or otherwise combine assets and liabilities with another
588 individual protected cell of a protected cell captive insurance
589 company. The office may require the affected protected cell
590 captive insurance companies and the individual protected cells
591 to make necessary changes to their business plans,
592 organizational documents, participation contracts, or other
593 governing documents before approving the change in affiliation.
594 The formation date of a protected cell that merges or otherwise
595 combines assets and liabilities with another protected cell
596 captive insurance company is the date of the original formation
597 of the surviving protected cell. The surviving protected cell
598 must acquire all of the assets and liabilities, including
599 outstanding insurance liabilities, of the merging protected
600 cell. A hearing is not required for mergers of protected cells

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601 effectuated under this section.
602 (e) Solely for the purposes of annual reports,
603 inspections, examinations, and taxation, the date of final
604 conversion or disaffiliation of a protected cell shall be deemed
605 a termination of that cell from the prior entity. The prior
606 entity shall be responsible for the accounting, oversight, and
607 premium tax on any transactions prior to the date of final
608 conversion or disaffiliation. The successor entity shall be
609 responsible for the accounting, oversight, and premium tax on
610 any transactions on or after the date of final conversion or
611 disaffiliation.
612 Section 7. This act shall take effect July 1, 2026.

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COMMERCE COMMITTEE

CS/HB 883 by Rep. Fabricio
Protected Cell Captive Insurance Companies

AMENDMENT SUMMARY
February 24, 2026

Amendment #294395 by Rep. Fabricio (line 190):
• Decreases the unimpaired paid-in capital requirements for protected cell captive
insurance companies from $200,000 to $100,000.
• Decreases the unimpaired paid-in capital requirement for nonprofit corporations forming
a protected cell captive insurance company from $250,000 to $100,000.
• Decreases the unimpaired surplus requirements for protected cell captive insurance
companies from $150,000 to $100,000.
• Makes a technical change to align the bill with the Senate version.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 883 (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 Fabricio offered the following:
3
4 Amendment
5 Remove lines 190-417 and insert:
6 company, at least $100,000.
7 (b) In the case of a pure captive insurance company, at
8 least $100,000.;
9 (c)(b) In the case of an industrial insured captive
10 insurance company incorporated as a stock insurer, at least
11 $200,000.; and
12 (d)(c) In the case of a special purpose captive insurance
13 company, an amount determined by the office after giving due
14 consideration to the company's business plan, feasibility study,
15 and pro forma financial statements and projections, including
16 the nature of the risks to be insured.
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Amendment No.

17 (2) The office may not issue a license to a captive
18 insurance company incorporated as a nonprofit corporation unless
19 the company possesses and maintains the following applicable
20 unrestricted net assets requirements of:
21 (a) In the case of a protected cell captive insurance
22 company, at least $100,000.
23 (b) In the case of a pure captive insurance company, at
24 least $250,000.
25 (c)(b) In the case of a special purpose captive insurance
26 company, an amount determined by the office after giving due
27 consideration to the company's business plan, feasibility study,
28 and pro forma financial statements and projections, including
29 the nature of the risks to be insured.
30 Section 4. Subsection (1) of section 628.908, Florida
31 Statutes, is amended to read:
32 628.908 Surplus requirements; restriction on payment of
33 dividends.—
34 (1) The office may not issue a license to a captive
35 insurance company unless the company possesses and maintains the
36 following applicable unimpaired surplus requirements of:
37 (a) In the case of a pure captive insurance company, at
38 least $150,000.
39 (b) In the case of a protected cell captive insurance
40 company, at least $100,000.

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Bill No. CS/HB 883 (2026)
Amendment No.

41 (c) In the case of an industrial insured captive insurance
42 company incorporated as a stock insurer, at least $300,000.
43 (d)(c) In the case of an industrial insured captive
44 insurance company incorporated as a mutual insurer, at least
45 $500,000.
46 (e)(d) In the case of a special purpose captive insurance
47 company, an amount determined by the office after giving due
48 consideration to the company's business plan, feasibility study,
49 and pro forma financial statements and projections, including
50 the nature of the risks to be insured.
51 Section 5. Subsection (1) of section 628.909, Florida
52 Statutes, is amended to read:
53 628.909 Applicability of other laws.—
54 (1) The Florida Insurance Code does not apply to captive
55 insurance companies, protected cell captive insurance companies,
56 or industrial insured captive insurance companies except as
57 provided in this part and subsections (2) and (3).
58 Section 6. Section 628.921, Florida Statutes, is created
59 to read:
60 628.921 Protected cell captive insurance companies.—
61 (1) One or more sponsors may form a protected cell captive
62 insurance company under this part.
63 (2) A protected cell captive insurance company must be
64 incorporated as a stock insurer with its capital divided into
65 shares and held by the stockholders, as a mutual corporation, as
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Amendment No.

66 a nonprofit corporation with one or more members, or as a
67 limited liability company.
68 (3) In addition to the information required by chapter
69 624, each applicant protected cell captive insurance company
70 must file all of the following information with the office:
71 (a) Materials demonstrating how the applicant will account
72 for the loss and expense experience of each protected cell at a
73 level of detail found to be sufficient by the office, and how it
74 will report such experience to the office.
75 (b) A statement acknowledging that all financial records
76 of the applicant, including records pertaining to any protected
77 cells, must be made available for inspection or examination by
78 the office or the office's designated agent.
79 (c) All contracts or sample contracts between the
80 applicant and any participants.
81 (d) Evidence that expenses will be allocated to each
82 protected cell in a fair and equitable manner.
83 (4) A protected cell captive insurance company formed or
84 licensed under this part may establish and maintain one or more
85 incorporated or unincorporated protected cells, to insure risks
86 of one or more participants, subject to all of the following
87 conditions:
88 (a)1. A protected cell captive insurance company may
89 establish one or more protected cells if the office has approved
90 in writing a plan of operation or amendments to a plan of
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Amendment No.

91 operation submitted by the protected cell captive insurance
92 company with respect to each protected cell. A plan of operation
93 must include, but is not limited to, the specific business
94 objectives and investment guidelines of the protected cell.
95 However, the office may require additional information in the
96 plan of operation. The office may make the approval of a plan of
97 operation or amendments to a plan of operation effective as of
98 any date on or before the date the approval is signed so long as
99 the effective date is no earlier than the date on which the plan
100 of operation or amendments to the plan of operation were filed
101 with the office.
102 2. Upon the office's written approval of the plan of
103 operation, the protected cell captive insurance company, in
104 accordance with the approved plan of operation, may attribute
105 insurance obligations with respect to its insurance business to
106 the protected cell.
107 3. A protected cell must have its own distinct name or
108 designation, which must include the words "protected cell" or
109 "incorporated cell." Such names or designations may also be
110 reasonably abbreviated, including, without limitation, PC or
111 P.C. for "protected cell"; IC, I.C., IPC, or I.P.C. for
112 "incorporated cell"; and SC, S.C., SPC, or S.P.C. for "series
113 cell."
114 4. The protected cell captive insurance company shall
115 transfer all assets attributable to a protected cell to one or
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116 more separately established and identified protected cell
117 accounts bearing the name or designation of that protected cell.
118 Protected cell assets must be held in the protected cell
119 accounts for the purpose of satisfying the obligations of that
120 protected cell.
121 5. An incorporated protected cell may be organized and
122 operated in any form of business organization authorized by the
123 office, including, but not limited to, an individual series of a
124 limited liability company under chapter 605. Each incorporated
125 protected cell of a protected cell captive insurance company
126 must be treated as a captive insurer for purposes of this part
127 and has the power to enter into contracts, including an
128 individual series of a limited liability company. Unless
129 otherwise permitted by the organizational documents of a
130 protected cell captive insurance company, each incorporated
131 protected cell of the protected cell captive insurance company
132 must have the same directors, secretary, and registered office
133 as the protected cell captive insurance company.
134 6. All attributions of assets and liabilities between a
135 protected cell and the general account must be in accordance
136 with the plan of operation and participant contracts approved by
137 the office. A protected cell captive insurance company may not
138 make other attributions of assets or liabilities between the
139 protected cell captive insurance company's general account and
140 its protected cells. Any attribution of assets and liabilities
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Amendment No.

141 between the general account and a protected cell must be in cash
142 or in readily marketable securities with established market
143 values.
144 (b) The creation of a protected cell does not create, with
145 respect to that protected cell, a legal person separate from the
146 protected cell captive insurance company unless the protected
147 cell is an incorporated cell. Amounts attributed to a protected
148 cell under this part, including assets transferred to a
149 protected cell account, are owned by the protected cell. A
150 protected cell captive insurance company may not act as, or hold
151 itself out to be, a trustee of the protected cell assets of the
152 protected cell account. Notwithstanding this subsection, a
153 protected cell captive insurance company may permit a security
154 interest to attach to the assets of a protected cell assets or a
155 protected cell account if the security interest is in favor of a
156 creditor of that protected cell and is otherwise authorized by
157 applicable law.
158 (c) This subsection may not be construed to prohibit the
159 protected cell captive insurance company from contracting with
160 or arranging for an investment advisor, commodity trading
161 advisor, or other third party to manage the protected cell
162 assets of a protected cell if all remuneration, expenses, and
163 other compensation of the third-party advisor or manager are
164 payable from the protected cell assets of that protected cell
165 and not from the protected cell assets of other protected cells
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 883 (2026)
Amendment No.

166 or the assets of the protected cell captive insurance company's
167 general account.
168 (d)1. A protected cell captive insurance company must
169 establish administrative and accounting procedures necessary to
170 properly identify the one or more protected cells of the
171 protected cell captive insurance company and the protected cell
172 assets and protected cell liabilities attributable to the
173 protected cells. The directors of a protected cell captive
174 insurance company must keep protected cell assets and protected
175 cell liabilities:
176 a. Separate and separately identifiable from the assets
177 and liabilities of the protected cell captive insurance
178 company's general account; and
179 b. Attributable to one protected cell separate and
180 separately identifiable from protected cell assets and protected
181 cell liabilities attributable to other protected cells.
182 2. If subparagraph 1. is violated, the remedy of tracing
183 applies to protected cell assets that have been commingled with
184 the protected cell assets of other protected cells or with the
185 assets of the protected cell captive insurance company's general
186 account. The remedy of tracing may not be construed as
187 exclusive.
188 (e) When establishing a protected cell, the protected cell
189 captive insurance company must attribute to the protected cell

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 883 (2026)
Amendment No.

190 assets a value at least equal to the reserves and other
191 insurance liabilities attributed to that protected cell.
192 (f) Each protected cell must be accounted for separately
193 on the books and records of the protected cell captive insurance
194 company to reflect the financial condition and results of
195 operations of such protected cell, net income or loss, dividends
196 or other distributions to participants, and such other factors
197 as may be provided in the participant contract or required by
198 the office.
199 (g) An asset of a protected cell may not be charged with,
200 or otherwise made liable for, any liability arising out of
201 insurance business conducted by the protected cell captive
202 insurance company on behalf of any other protected cell or its
203 general account.
204 (h) A protected cell captive insurance company may not
205 sell, exchange, or otherwise transfer assets between or among
206 any of its protected cells without the consent of such protected
207 cells.
208 (i) A protected cell captive insurance company may not
209 sell, exchange, transfer, or otherwise distribute assets, or pay
210 any dividend or distribution, from a protected cell to the
211 company or to a participant without the approval of the office.
212 The office may not approve any sale, exchange, transfer,
213 dividend, or distribution that would result in the insolvency or
214 impairment of a protected cell.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 883 (2026)
Amendment No.

215 (j) All attributions of assets and liabilities to the
216 protected cells and the general account must be in accordance
217 with the plan of operation approved by the office. A protected
218 cell captive insurance company may not attribute assets or
219 liabilities between its general account and any protected cell,
220 or between any protected cells. The protected cell captive
221 insurance company must attribute all insurance obligations,
222 assets, and liabilities relating to a reinsurance contract
223 entered into with respect to a protected cell to such protected
224 cell. The performance under such reinsurance contract and any
225 tax benefits, losses, refunds, or credits allocated pursuant to
226 a tax allocation agreement to which the protected cell captive
227 insurance company is a party, including any payments made by or
228 due to be made to the protected cell captive insurance company
229 pursuant to the terms of such agreement, must reflect the
230 insurance obligations, assets, and liabilities relating to the
231 reinsurance contract which are attributed to such protected
232 cell.
233 (k) In connection with the conservation, rehabilitation,
234 or liquidation

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CS/HB 943
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 943 COMPANION BILL: CS/SB 1028 (Gruters)
TITLE: Citizens Property Insurance Corporation LINKED BILLS: None
SPONSOR(S): Redondo RELATED BILLS: None
Committee References
Insurance & Banking Commerce
15 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill requires Citizens Property Insurance Corporation (“Citizens”) to establish a commercial lines clearinghouse
program for new and existing policyholders. Citizens must determine eligibility of surplus lines insurers to
participate in the clearinghouse and have their determination verified by the Office of Insurance Regulation.
Citizens may be financially responsible for the implementation and facilitation of the clearinghouse. New and
renewal commercial residential and commercial nonresidential policyholders remain eligible for coverage with
Citizens if they receive an offer of coverage from a surplus lines insurer within 120% of Citizens’ offer. However,
Citizens must charge the greater of the premium amounts to the policyholder if they elect to place coverage with
Citizens instead of the surplus lines carrier. The bill also revises agent rights, commissions, and appointment rules
and expands confidentiality protections for proprietary underwriting information.

Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on Citizens regarding the implementation and facilitation of the
clearinghouse. The bill may also have an indeterminate fiscal impact on new and renewal policyholders seeking
insurance coverage from Citizens.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill requires Citizens Property Insurance Corporation (“Citizens”) to establish a commercial lines
clearinghouse to facilitate offers of coverage from surplus lines insurers for all commercial residential and
nonresidential applicants and policyholders by January 1, 2027. Additionally, Citizens must establish a commercial
clearinghouse to facilitate offers of coverage from authorized insurers for all commercial residential and
nonresidential applicants and policyholders by January 1, 2028. (Section 2)

The bill provides that an offer of coverage from an approved surplus lines clearinghouse insurer has no effect on
the coverage eligibility of a commercial residential policyholder or commercial nonresidential policyholder with
Citizens. (Section 2)

However, if an offer of substantially equivalent coverage from an approved surplus lines clearinghouse insurer is
made to a commercial residential or nonresidential policyholder within 120% of Citizens’ coverage offer, Citizens
will be prohibited from offering or renewing coverage unless a premium equalization adjustment is applied to
Citizens’ offer. The bill defines a premium equalization adjustment as the difference in total cost of insurance
coverage between Citizens’ offer and an approved surplus lines clearinghouse insurer’s offer, so long as the offers
are within 120% of each other. (Sections 1 and 2)

STORAGE NAME: h0943b.COM
DATE: 2/20/2026
1
CS/HB 943
The bill provides that any premium equalization adjustment is only applied to a Citizens policy for the policy term.
(Section 2)

Commercial residential policyholders remain eligible for coverage with Citizens if they receive offers of
substantially equivalent coverage from authorized insurers or approved surplus lines clearinghouse insurers that
exceed 120% of Citizens’ offer. (Section 2)

The bill establishes that Citizens must contract with a commercial lines clearinghouse administrator to implement
and facilitate a commercial lines clearinghouse for approved surplus lines insurers within 90 days of the bill
becoming law. The commercial lines administrator is not required for the commercial lines clearinghouse for
authorized insurers. (Section 2)

The bill requires Citizens to establish criteria to determine the capabilities necessary for the commercial lines
clearinghouse administrator. Such criteria must include:
 confirmed expertise in the surplus lines market;
 at least 5 years of publicly available audited financial statements;
 the ability to facilitate all approved surplus lines clearinghouse insurers to participate in the commercial
lines clearinghouse on established terms; and
 and other criteria that Citizens deems necessary. (Section 2)

In order to participate in the commercial lines clearinghouse, a surplus lines insurer must be an “approved surplus
lines clearinghouse insurer.” The bill defines an “approved surplus lines clearinghouse insurer” as an eligible
surplus lines insurer that:
 has a financial strength rating of “A- “or higher from A.M. Best Company;1
 has a financial size category of A-VII or higher from A.M.. Best Company; and
 has been verified by the Office of Insurance Regulation to meet requirements within 5 business days after
the commercial clearinghouse administrator’s recommendation. (Section 2)

The bill provides that a commercial lines clearinghouse administrator may charge approved surplus lines
clearinghouse insurers participating in the program reasonable transaction, technology, administration, and other
similar fees. Citizens may also provide funds to operate the program.2 (Section 2)

The bill provides that in establishing a commercial clearinghouse, Citizens must require all new and renewal policy
commercial residential and non-residential submissions be submitted to the clearinghouse. Citizens must submit
its coverage terms and conditions, deductible structure, and unalterable indicated total cost of insurance coverage
prior to any approved surplus lines clearinghouse insurer is able to make an offer of coverage, The clearinghouse
administrator will then provide the participating insurers Citizens’ coverage terms and conditions and deductible
structures. Participating surplus lines insurers will then have 5 business days to make an offer of coverage for an
application they wish to underwrite from the clearinghouse. The clearinghouse administrator will review the total
cost of all offers of coverage it receives for an application and determine applicant eligibility. (Section 2)

The bill clarifies that approved surplus lines clearinghouse insurers may participate in the commercial lines
clearinghouse, but are not required to do so. The bill prohibits approved surplus lines clearinghouse insurers from
participating in the personal lines clearinghouse. (Section 2)

1 AM Best Company assesses an insurance company’s ability to pay claims, debts, and other financial obligations in a timely

manner. AM Best is registered as a Nationally Recognized Statistical Rating Organization by the Securities & Exchange
Commission (SEC) and as a Credit Rating Provider by the National Association of Insurance Commissioners (NAIC). AM Best
Company, About Us, https://web.ambest.com/about-us (last visited Jan. 30, 2026).
2 The bill redefines the “program” to mean the personal lines clearinghouse and the commercial lines clearinghouse.

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CS/HB 943
The bill provides the following rights and responsibilities for approved surplus lines clearinghouse insurers:
 may appoint a surplus line agent whose direct or indirect customer is initially underwritten and bound
through the clearinghouse program;
 must enter into a limited agency agreement3 with each surplus lines agent that is not appointed and whose
direct or indirect customer is underwritten and bound through the clearinghouse program4;
 must enter into a standard agency agreement5 with each surplus lines agent whose direct or indirect
customer is underwritten and bound through the program;
 must comply with notice of non-renewal and cancellation standards outlined for surplus lines insurers; and
 must pay total commission or effective compensation on premiums, excluding fees, surcharges, and taxes,
to the surplus agent, managing general agent, or managing general underwriter placing the risk subject to
the following:
o the producing agent6 must receive a commission that results in an effective commission
percentage7 at least equal to the commission that Citizens pays agents for coverage placement; and
o agents are not prohibited from accepting lower commissions voluntarily. (Section 2)

The bill provides that contracts between an independent agent8 and Citizens, any insurer, or any surplus lines
agent do not amend, modify, interfere with, or limit the independent agent’s rights of ownership of specified
records and information directly related to applications or renewals written through the program or an insurer
participating in the clearinghouse program. (Section 2)

The bill requires the Division of Law Revision to replace the phrase “the effective date of this act” wherever it
appears in this act, with the date this act becomes law. (Section 3)

The bill is effective upon becoming law. (Section 4)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have indeterminate fiscal impact on Citizens from costs associated with the implementation and
facilitation of the commercial lines clearinghouse. Facilitating market access through the clearinghouse may
encourage policyholders to place coverage in the voluntary market, and therefore potentially lower Citizens’ total
liability exposure.

PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on new and renewal policyholders seeking coverage with
Citizens. If new and renewal policyholders receive an offer of coverage from certain insurers, they may be required
to pay up to 20% more in premium for substantially equivalent coverage.

3 A limited agency agreement is a written contract between an insurer and an agent that authorizes the agent to act on behalf

of the insurer for specific, defined purposes and scopes, rather than full general authority. See Florida Association of Insurance
Agents, Limited Agency Agreement, https://www.faia.com/getmedia/1cd9f4bd-4fac-4a6b-998e-
1ef541e4edd7/BankersLSA.pdf. (last visited Jan. 30, 2026).
4 In addition, a surplus lines agent that enters into a limited agency or broker agreement with an approved surplus lines

clearinghouse insurer making an offer of coverage through the program must also enter into a limited agency or broker
agreement with each producing agent whose customer is underwritten and bound through the program. (Section 2)
5 A standard agency agreement is a contractual relationship between an insurer and an appointed agent that grants the agent

general authority to transact insurance on behalf of the insurer, consistent with agent appointment requirements in Ch. 626,
F.S. See s. 626.015(1), F.S. S. 626.112(1), F.S.
6 A producing agent is understood to be a licensed insurance agent who actually solicits, negotiates, and procures an insurance

policy on behalf of a policyholder. See s. 626.7491(2)(f), F.S.
7 The bill defines effective commission percentage as the commission expressed as a percentage of premium, exclusive of all

fees, assessments, surcharges, and taxes.
8 An independent agent is a licensed insurance agent who may represent multiple insurers rather than being contractually

exclusive to one insurer. See s. 627.3518(1)(c), F.S.
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CS/HB 943

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Authorized Insurers
An authorized insurer is an insurer authorized by a certificate of authority issued by the Office of Insurance
Regulation (OIR) to transact insurance in Florida.9 The term “authorized insurer” is used interchangeably with
“admitted insurer”.

Insurers that obtain state authorization are able to participate in Florida’s admitted insurance marketplace.
Additionally, authorized insurers are required to participate in the Florida Insurance Guaranty Association
(“FIGA”). FIGA will pay out claims to policyholders of authorized insurers in the event the insurer becomes
insolvent.10

The admitted market is a segment of the insurance marketplace that is subject to comprehensive regulatory
oversight regarding rates, forms, and solvency. Insurance rates must be filed with OIR and deemed by OIR to not be
excessive, inadequate or unfairly discriminatory, and that and that the pricing supports market stability and
insurer solvency.11

Policy forms offered in the admitted market must also be filed with OIR for approval or informational review and
must comply with statutory requirements and mandated consumer disclosures.12 In addition, the admitted
marketplace is subject to ongoing financial oversight, including annual and quarterly financial statement
submissions13, minimum capital and surplus requirements, risk-based capital standards, which allow OIR to
monitor solvency and take corrective action to protect policyholders and the overall stability of the admitted
marketplace.14

As of late November 2025, OIR received 73 filings for rate decreases and 94 filings for 0% rate increases from in
the admitted market. Following a quiet hurricane season, continuing decreases in reinsurance costs, and an overall
increased underwriting appetite among carriers, the admitted marketplace is showing signs of stabilizing and
bringing more favorable insurance conditions to consumers.15

Surplus Lines Insurers
Surplus lines insurers are insurers that participate in the excess and surplus (“E&S”) marketplace. They are non-
admitted insurers, meaning they do not hold a license in the state where the insured risk is located, but they are
eligible to transact insurance in Florida by filing certain information with OIR.16

Because surplus lines insurers are not licensed in the state, they are not subject to the same rate and policy form
regulation that apply to admitted carriers. In the event of insolvency, surplus lines insurers are not protected by
FIGA.17 Policyholders of surplus lines insurers must be notified by a mandated disclosure that their coverage is
being placed outside the admitted market, that such coverage lacks Florida guaranty protections and regulatory

9 S. 624.09, F.S.
10 S. 631.55, F.S.
11 S. 627.974(2), F.S.
12 S. 627.410, F.S.
13 S. 624.424, F.S.
14 S. 624.4085, F.S.
15 James Moore, Florida Home Insurance Costs Show Signs of Stabilizing After Years of Increases (Dec. 17, 2025),

https://www.jmco.com/articles/real-estate/florida-home-insurance-costs-show-signs-of-stabilizing-after-years-of-increases/
(last visited Jan. 29, 2026).
16 Florida Office of Insurance Regulation, Surplus Lines Company Search, https://floir.gov/resources-and-reports/surplus-

lines-search (last visited Jan. 29, 2026).
17 S. 631.55, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 943
approval of rates and forms, and that the insured is presumed to understand that coverage may be available in the
admitted market.18

The E&S marketplace is a segment of the insurance marketplace that provides coverage for risk that the admitted
market either cannot or will not cover. It is designed to insure unique, high-risk, or complex risks, such as unusual
liability exposures, specialty coverages, or very high coverage limits that don’t fit the underwriting criteria of
admitted insurers. Examples of typical risks who find coverage in the E&S market are coastal homes and
condominiums, high-hazard contractors, and multi-million dollar liability programs.19

Florida’s E&S market continued growing overall (~2%) in 2025, but with slowing premium growth and signs of
stabilization to the market as a whole. In 2025, total premiums in the E&S market reached $17.3 billion, with new
business to the E&S market accounting for 42% of this activity and renewals representing 58%. In terms of cost
per policy, commercial property and commercial wind coverage saw a decrease of 33% and 47% per policy
respectively, and personal property & casualty coverage saw a decrease of 15% per policy. This mix highlights a
stable renewal environment for insureds, even as carriers remain engaged in writing new placements. In other
words, as the insurance market continues to stabilize, risks are able to find placements in markets other than those
of last resort at a competitive price.20

Citizens Property Insurance Corporation (Citizens)
Citizens is a state-created, not-for-profit, tax-exempt governmental entity whose public purpose is to provide
property insurance coverage to those unable to find affordable coverage in the voluntary market.21 Citizens was
created in 2002 by the Florida Legislature by combining the Florida Residential Property and Casualty Joint
Underwriting Association and the Florida Windstorm Underwriting Association.22 Current law requires Citizens to
provide coverage for personal lines residential property and casualty coverages23 and commercial lines residential
and commercial lines nonresidential property insurance forms.24

In October of 2023, Citizens’ policy count peaked at roughly 1.42 million. In December of 2025, Citizens’ projected
policy count to fall to around 385,000, or a 73% decrease from the recent October peak and the lowest reported
policy count for Citizens since inception.25 Year end of 2025, Citizens reported that their policy count comprised of
389,157 personal residential policies (98.5%), 2,837 commercial residential policies (0.7%), and 3,343 commercial
nonresidential policies (0.85%). Policy count has continued to fall; as of January 16, 2026, Citizens reports 393,861
active policies. While commercial policies only make up 1.55% of Citizens’ policy count, the policies represent
19.6% (~$25. 2 billion) of Citizens total liability exposure (~$128.4 billion).26

18 S. 626.916(1)(d), F.S.
19 Florida Surplus Lines Association, Surplus Lines 101, https://myfsla.com/surpluslines101/ (last visited Jan, 28, 2026).
20 Florida Surplus Lines Service Office, Florida Premium Report (Jan. 7, 2026), https://createsend.com/t/r-

2759AB083BDB82662540EF23F30FEDED (last visited Jan. 29, 2026).
21 S. 627.351(6)(a)1., F.S.
22 Florida Office of Insurance Regulation, Market Conduct Final Examination Report of Citizens Property Insurance Corporation

(January 11, 2021), https://floir.gov/docs-sf/property-casualty-libraries/market-regulation/2021/citizens-property-
insurance-corporation-1-11-2021.pdf (last visited Jan. 29, 2026).
23 Used in many personal and business policies, property and casualty insurance is an umbrella term for insurance policies

that provide two distinct types of coverage: property coverage to repair or replace physical assets if they are damaged or
destroyed in a covered event and casualty coverage for bodily injury or property damage to a third party. Coz-Steib, J. What is
property and casualty insurance? Bankrate. https://www.bankrate.com/insurance/car/property-and-casualty/ (last visited
Jan. 29, 2026).
24 S. 627.351(6)(c)1., F.S.
25 Citizens Property Insurance Corporation, Press Release (December 10, 2025), https://www.citizensfla.com/-/20251210-

citizens-recommends-rate-cuts-for-most-policyholders (last visited Jan. 30, 2026).
26 Citizens Property Insurance Corporation, Policies in Force: Current Snapshot: January 16, 2026

https://www.citizensfla.com/policies-in-force (last visited January 29, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 943
Citizens Coverage Eligibility
In effort to remain a market of last resort for insureds, Citizens may provide insurance only for property owners
who are “in good faith unable to procure insurance through the voluntary market”. To be eligible for a new or
renewal residential policy, one of the following must be true: 27
 no comparable offer is available from a Florida-authorized insurer; or
 premiums from Florida-authorized insurers are more than 120% of the Citizens premium for comparable
coverage.

Personal Residential Eligibility
Generally, a personal dwelling must have a replacement cost below $700,000 to be eligible for coverage. However,
Citizens is allowed to insure personal dwellings with a replacement cost of up to $1 million in counties that OIR
deems to lack sufficiently competitive insurance options.28 Additionally, Citizens may deem a property ineligible if
it has significant structural deficiencies or has been deemed unsafe for occupancy. 29

Eligibility for personal residential risks is confirmed through the current Citizens Clearinghouse Program.30

Commercial Residential Eligibility
As with personal residential policies, underwriting criteria for safety and structural soundness must be satisfied in
order to obtain coverage with Citizens. In addition, properties with existing damage are not eligible for coverage
with Citizens and properties may be deemed ineligible if they have significant short-term rental or transient
occupancy exposure.31

Eligibility for commercial residential risks is confirmed through procedures established by Citizens.32

Commercial Non-residential Eligibility
Commercial non-residential properties are ineligible for Citizens if an authorized insurer makes a coverage offer,
no matter the cost. The 120% eligibility threshold does not apply for commercial non-residential risks. 33

Citizens Current Clearinghouse Program
The intention of the clearinghouse program is to facilitate consistent enforcement of Citizens premium comparison
eligibility rules and allow carriers to present their offered premiums in an accessible way to insureds.34

Under the program, new and renewal personal lines residential policies for Citizens are submitted into the
clearinghouse.35 Participating insurers36 have 2 business days to review and optionally select any risk for which
they would like to make an offer of coverage.37 If a participating insurer makes an offer of coverage that is within
120% of Citizens’ coverage offer for the same risk, the risk is no longer eligible to be placed with Citizens.38

27 S. 627.351(6)(c), F.S.
28 S. 627.351(6)(b), F.S.
29 S. 627.351(6)(a), F.S.
30 S. 627.3518(2), F.S.
31 Citizens Property Insurance Corporation, Commercial Lines New Business Submission Guide

https://citizenstraining.citizensfla.com/courses/core/CIS_Resources/Job_Aids/PolicyCenter/CommercialLines/CLNewBusinessSu
bmissionGuide.pdf (last visited Jan. 29, 2026).
34 Citizens Property Insurance Corporation, Commercial Lines Current State and Clearinghouse, pg. 6
35 S. 627.3518(2), F.S.
36 Any admitted insurer may participate in the clearinghouse program. S. 627.3518(4), F.S. Insurers are not required to pay a

fee to offset or partially offset the cost of the program or use the program for renewal S. 627.3518(3)(d), F.S.
37 S. 627.3518(3)(f), F.S.
38 S. 627.3518(5), F.S.

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CS/HB 943

Currently, there is no clearinghouse for commercial risks. Instead, Citizens must develop procedures for diverting
ineligible applicants and existing policyholders of commercial residential coverage to the private insurance
market.39 To prove that a commercial residential risk is eligible for coverage with Citizens, the insured’s agent must
submit at least one quote from an authorized insurer showing that comparable coverage exceeds Citizens’
premium by more than 20%, or at least one authorized insurer statement indicating that no comparable coverage
will be offered.40

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 15 Y, 0 N, As CS 2/3/2026 Brackett Veigle
Subcommittee
THE CHANGES ADOPTED BY THE  Created the term “premium equalization adjustment” to mean the
COMMITTEE: difference in total cost between Citizens’ offer and an approved surplus
lines insurer’s offer that is within 120% of Citizens’ offer.
 Provided that any applied premium equalization adjustment expires at
the end of the policy term.
 Required Citizens to contract with an administrator to establish and
maintain a commercial clearinghouse for approved surplus lines
insurers within 90 days of the bill becoming law.
 Clarified that Citizens must establish a commercial clearinghouse for
authorized insurers on or before January 1, 2028.
 Required OIR to verify surplus lines clearinghouse insurers within 5
business days of the administrator’s recommendation.
 Provided that a commercial lines clearinghouse administrator may
charge approved surplus lines clearinghouse insurers participating the
in the program reasonable transaction, technology, administration, and
other similar fees.
 Provided that every application to the commercial clearinghouse is
subject to a 5 business day period when participating insurers may
select the application for coverage prior to Citizens extending an offer.
Commerce Committee Hamon Veigle

39 S. 627.3518(2), F.S.
40 Citizens Property Insurance Corporation, Commercial Lines New Business Submission Guide

CS/HB 943 2026

1 A bill to be entitled
2 An act relating to the Citizens Property Insurance
3 Corporation; amending s. 627.351, F.S.; prohibiting
4 the corporation from issuing or renewing coverage for
5 commercial residential and commercial nonresidential
6 risks under certain circumstances; prohibiting the
7 corporation from imposing a premium equalization
8 adjustment under certain circumstances; providing
9 applicability; specifying the components of the total
10 cost of insurance coverage; specifying that certain
11 adjustments expire at a specified time; amending s.
12 627.3518, F.S.; deleting an obsolete provision;
13 defining terms; revising the definition of the term
14 "program"; requiring the corporation to establish a
15 personal lines clearinghouse for specified purposes;
16 requiring, on or before a specified date, the
17 corporation to implement a commercial lines
18 clearinghouse for a specified purpose; authorizing the
19 corporation to develop and implement a separate
20 commercial lines clearinghouse for specified purposes;
21 deleting obsolete provisions; revising the program's
22 rights and responsibilities; revising the rights and
23 responsibilities the corporation has in establishing
24 the program; authorizing approved surplus lines
25 clearinghouse insurers to participate in the

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26 commercial lines clearinghouse; prohibiting such
27 insurers from participating in the personal lines
28 clearinghouse; specifying that participation in the
29 program is not mandatory for such insurers; revising
30 prohibitions and requirements for insurers making
31 offers of coverage to new applicants or renewal
32 policyholders through the program; providing
33 construction; defining the term "effective commission
34 percentage"; specifying that applicants for new
35 commercial lines residential coverage are not eligible
36 for coverage from the corporation under certain
37 circumstances; specifying the circumstances under
38 which policyholders of the corporation are not
39 eligible for new commercial lines residential coverage
40 from the corporation; authorizing applicants or
41 insureds to elect to accept coverage with authorized
42 insurers or elect to accept or continue coverage with
43 the corporation under certain circumstances;
44 authorizing insureds to elect to accept coverage with
45 specified insurers or elect to accept or continue
46 coverage with the corporation under certain
47 circumstances; providing applicability; specifying
48 that certain applicants and policyholders remain
49 eligible for coverage from the corporation;
50 authorizing such applicants and policyholders to elect

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51 to accept coverage from clearinghouse insurers or
52 elect to accept or continue coverage with the
53 corporation; authorizing certain applicants and
54 policyholders of the corporation to elect to accept
55 coverage from clearinghouse insurers or elect to
56 accept or continue coverage with the corporation;
57 requiring such applicants or policyholders to pay a
58 specified total cost of insurance for corporation
59 coverage; providing applicability; revising the rights
60 and authorizations for certain independent insurance
61 agents; deleting a prohibition relating to commercial
62 nonresidential policies; providing a directive to the
63 Division of Law Revision; providing an effective date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Paragraph (oo) is added to subsection (6) of
68 section 627.351, Florida Statutes, to read:
69 627.351 Insurance risk apportionment plans.—
70 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
71 (oo) For commercial residential and commercial
72 nonresidential risks, if an approved surplus lines clearinghouse
73 insurer offers coverage under s. 627.3518(5)(c)2. and the total
74 cost of such coverage is not more than 20 percent greater than
75 the total cost of insurance coverage from the corporation, the

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76 corporation may not issue or renew coverage unless it imposes a
77 premium equalization adjustment on such policy equal to the
78 amount by which the total cost of insurance coverage offered by
79 the approved surplus lines clearinghouse insurer exceeds the
80 total cost of insurance coverage from the corporation. If the
81 total cost of insurance from the approved surplus lines
82 clearinghouse insurer does not exceed the total cost of
83 corporation coverage, the corporation may not impose the premium
84 equalization adjustment. If more than one approved surplus lines
85 clearinghouse insurer offers coverage under s. 627.3518(5)(c)2.,
86 the lowest offered total cost of insurance coverage applies for
87 purposes of this paragraph. The total cost of insurance coverage
88 includes, but is not limited to, the premium, fees, surcharges,
89 and applicable taxes. A premium equalization adjustment applied
90 pursuant to this paragraph expires at the end of the policy
91 term.
92 Section 2. Section 627.3518, Florida Statutes, is amended
93 to read:
94 627.3518 Citizens Property Insurance Corporation
95 policyholder eligibility clearinghouse program.—The purpose of
96 this section is to provide a framework for the corporation to
97 implement a clearinghouse program by January 1, 2014.
98 (1) As used in this section, the term:
99 (a) "Approved surplus lines clearinghouse insurer" means
100 an eligible surplus lines insurer that has a financial strength

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101 rating of "A-" or higher and a financial size category of A-VII
102 or higher from A.M. Best Company which the clearinghouse
103 administrator recommends for participation in the program and
104 which the office verifies meets the requirements for
105 participation in the program within 5 business days after the
106 commercial lines clearinghouse administrator's recommendation.
107 (b) "Commercial lines clearinghouse administrator" means
108 the individual or entity employed or otherwise contracted by the
109 corporation to provide administrative or professional services
110 to implement the commercial lines clearinghouse required
111 pursuant to subparagraph (2)(b)1. within the corporation as set
112 forth in paragraph (3)(b).
113 (c)(a) "Corporation" means Citizens Property Insurance
114 Corporation.
115 (d)(b) "Exclusive agent" means any licensed insurance
116 agent that has, by contract, agreed to act exclusively for one
117 company or group of affiliated insurance companies and is
118 disallowed by the provisions of that contract to directly write
119 for any other unaffiliated insurer absent express consent from
120 the company or group of affiliated insurance companies.
121 (e)(c) "Independent agent" means any licensed insurance
122 agent not described in paragraph (d) (b).
123 (f) "Primary residence" has the same meaning as in s.
124 627.351(6)(c)2.a.
125 (g)(d) "Program" means the clearinghouse created under

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126 this section, consisting of the personal lines clearinghouse and
127 the commercial lines clearinghouse.
128 (h) "Surplus lines agent" means an insurance agent
129 licensed pursuant to s. 626.927 or s. 626.9272.
130 (2)(a) The corporation shall establish a personal lines
131 clearinghouse in order to confirm an applicant's eligibility
132 with the corporation, and to enhance access of new applicants
133 for personal lines coverage and existing personal lines
134 policyholders of the corporation to offers of coverage from
135 authorized insurers, and the corporation shall establish a
136 program for personal residential risks in order to facilitate
137 the diversion of ineligible applicants and existing
138 policyholders from the corporation into the voluntary insurance
139 market.
140 (b)1. The corporation shall implement on or before January
141 1, 2027, a commercial lines clearinghouse in order to enhance
142 access to offers of coverage from approved surplus lines
143 clearinghouse insurers for new applicants for commercial
144 residential coverage and commercial nonresidential coverage and
145 existing commercial residential and commercial nonresidential
146 policyholders of the corporation.
147 2. To facilitate the diversion of ineligible applicants
148 and existing policyholders from the corporation to authorized
149 insurers, the corporation shall also develop and implement a
150 separate commercial lines clearinghouse on or before January 1,

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151 2028, to confirm eligibility with the corporation and to enhance
152 access to offers of such coverage from authorized insurers for
153 new applicants for commercial residential or commercial
154 nonresidential coverage and existing commercial residential and
155 commercial nonresidential policyholders of the corporation
156 appropriate procedures for facilitating the diversion of
157 ineligible applicants and existing policyholders for commercial
158 residential coverage into the private insurance market and shall
159 report such procedures to the President of the Senate and the
160 Speaker of the House of Representatives by January 1, 2014.
161 (3) The corporation board shall establish the
162 clearinghouse program as an organizational unit within the
163 corporation. The program shall have all the rights and
164 responsibilities in carrying out its duties as a licensed
165 general lines agent and a surplus lines agent, but may not be
166 required to employ or engage a licensed general lines agent or a
167 surplus lines agent, or to maintain an insurance agency license
168 to carry out its activities in the solicitation and placement of
169 insurance coverage. In establishing the program, the corporation
170 has all of the following rights and responsibilities may:
171 (a) May require all new applications for personal lines
172 coverage, and all personal lines policies due for renewal, to be
173 submitted for coverage to the program in order to facilitate
174 obtaining an offer of coverage from an authorized insurer or, if
175 the risk is a commercial risk, shall require all new

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176 applications for commercial lines coverage, and all commercial
177 lines policies due for renewal, to be initially submitted for
178 coverage through the commercial clearinghouse as a single point
179 of intake for both the corporation and the program in order to
180 facilitate obtaining an offer of coverage from an approved
181 surplus lines clearinghouse insurer, before binding or renewing
182 coverage by the corporation.
183 (b) Shall establish and maintain the operational systems
184 and procedures necessary to implement the program.
185 (c)(b) May employ or otherwise contract with individuals
186 or other entities for appropriate administrative or professional
187 services to effectuate the plan within the corporation in
188 accordance with the applicable purchasing requirements under s.
189 627.351 and, for purposes of implementing the commercial lines
190 clearinghouse and providing offers of coverage from approved
191 surplus lines clearinghouse insurers on or before January 1,
192 2027, contract with such individuals or entities in accordance
193 with s. 287.057(3)(c).
194 (d)(c) May enter into contracts with any authorized
195 insurer and any approved surplus lines clearinghouse insurer to
196 participate in the program and accept an appointment by such
197 insurer.
198 (e)(d) May provide funds to operate the program. Insurers
199 and agents participating in the program are not required to pay
200 a fee to offset or partially offset the cost of the program or

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201 use the program for renewal of policies initially written
202 through the clearinghouse. Notwithstanding this paragraph, any
203 commercial lines clearinghouse administrator may charge approved
204 surplus lines clearinghouse insurers participating in the
205 program reasonable transaction, technology, administration, and
206 other similar fees.
207 (f)(e) May develop an enhanced application that includes
208 information to assist private insurers in determining whether to
209 make an offer of coverage through the program.
210 (g)(f) For personal lines residential risks, may require
211 that, before approving all new applications for coverage by the
212 corporation, that every application be subject to a period of 2
213 business days when any insurer participating in the program may
214 select the application for coverage. For commercial lines
215 residential and commercial lines nonresidential risks, the
216 corporation may require, before approving all new applications
217 for commercial lines coverage by the corporation, that every
218 application be subject to a period of 5 business days when any
219 insurer participating in the program may select the application
220 for coverage. The insurer may issue a binder on any policy
221 selected for coverage for a period of at least 30 days but not
222 more than 60 days.
223 (h) Shall, in creating the commercial lines clearinghouse,
224 establish criteria to determine the capabilities necessary for
225 the commercial lines clearinghouse administrator. For

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226 facilitating offers of surplus lines coverage, such criteria
227 must include confirmed expertise in the surplus lines market, at
228 least 5 years of publicly available audited financial
229 statements, the ability to facilitate all approved surplus lines
230 clearinghouse insurers to participate in the commercial lines
231 clearinghouse on terms established by the corporation, and other
232 criteria that the corporation determines necessary to
233 effectively establish, administer, and manage offers of surplus
234 lines coverage through the commercial lines clearinghouse.
235 (i) Shall select a commercial lines clearinghouse
236 administrator within 90 days after the effective date of this
237 act.
238 (j) May allow the commercial lines clearinghouse
239 administrator to establish procedures and account clearance
240 requirements the commercial lines clearinghouse administrator
241 deems necessary to ensure an orderly process for offers of
242 coverage to be provided by approved surplus lines clearinghouse
243 insurers participating in the commercial lines clearinghouse and
244 to avoid multiple offers of coverage from the same insurer for
245 the same risk.
246 (k) Must submit to the commercial lines clearinghouse
247 administrator its coverage terms and conditions, deductible
248 structures, and its unalterable indicated total cost of
249 insurance coverage, which must include, but is not limited to,
250 the premium, fees, surcharges, and applicable taxes for the

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251 subject risk before any approved surplus lines clearinghouse
252 insurer is provided a submission for coverage pursuant to the
253 program by any applicant for new coverage from the corporation
254 or any policyholder of the corporation. The commercial lines
255 clearinghouse administrator shall provide the corporation's
256 unalterable indicated coverage terms and conditions and
257 deductible structures, but may not provide the indicated total
258 cost of corporation insurance coverage, to the approved surplus
259 lines clearinghouse insurers participating in the program. The
260 commercial lines clearinghouse administrator shall then use the
261 corporation's unalterable indication to determine whether any
262 offers of coverage from approved surplus lines clearinghouse
263 insurers satisfy the requirements set forth in s. 627.351(6)(oo)
264 and subparagraph (5)(c)2. The corporation may not bind or
265 otherwise communicate, indicate, or make an offer of coverage to
266 an applicant or policyholder, or its agent, or otherwise accept
267 coverage until 5 business days have elapsed from the date that
268 it provided its unalterable indication to the commercial lines
269 clearinghouse administrator unless the time limit is waived in
270 writing. Any change to the corporation's coverage terms and
271 conditions, deductible structures, or indicated total cost of
272 insurance coverage constitutes a new submission by the
273 corporation under this paragraph. The validation period
274 described in this paragraph applies regardless of any proposed
275 effective date, renewal date, or expiration date of the policy

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276 and may not be shortened or bypassed based on timing
277 considerations relating to binding or renewal.
278 (4) Any authorized insurer may participate in the program;
279 however, participation is not mandatory for any insurer.
280 Approved surplus lines clearinghouse insurers may participate in
281 the commercial lines clearinghouse but may not participate in
282 the personal lines clearinghouse; however, participation in the
283 program is not mandatory for any surplus lines insurer. Insurers
284 making offers of coverage to new applicants or renewal
285 policyholders through the program:
286 (a) May not be required to individually appoint any agent
287 whose customer is underwritten and bound through the program.
288 Notwithstanding s. 626.112, insurers are not required to appoint
289 any agent on a policy underwritten through the program for as
290 long as that policy remains with the insurer. Insurers may, at
291 their election, appoint any agent or surplus lines agent whose
292 direct or indirect customer is initially underwritten and bound
293 through the program. In the event an insurer accepts a policy
294 from an agent who is not appointed pursuant to this paragraph,
295 and thereafter elects to accept a policy from such agent, the
296 provisions of s. 626.112 requiring appointment apply to the
297 agent.
298 (b) Must enter into a limited agency agreement with each
299 agent or surplus lines agent that is not appointed in accordance
300 with paragraph (a) and whose direct or indirect customer is

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301 underwritten and bound through the program. In addition, a
302 surplus lines agent that enters into a limited agency or broker
303 agreement with an approved surplus lines clearinghouse insurer
304 making an offer of coverage through the program must also enter
305 into a limited agency or broker agreement with each producing
306 agent whose customer is underwritten and bound through the
307 program.
308 (c) Must enter into its standard agency agreement with
309 each agent or surplus lines agent whose direct or indirect
310 customer is underwritten and bound through the program when that
311 agent or surplus lines agent has been appointed by the insurer
312 pursuant to s. 626.112. In addition, a surplus lines agent that
313 enters into a limited agency or broker agreement with an
314 approved surplus lines clearinghouse insurer making an offer of
315 coverage through the program must also enter into a standard
316 agency or broker agreement with each producing agent whose
317 customer is underwritten and bound through the program.
318 (d) Must comply with s. 627.4133(2) or, if the insurer is
319 an approved surplus lines clearinghouse insurer, s. 626.9201.
320 (e) May participate through their single-designated
321 managing general agent or broker or surplus lines agent;
322 however, the provisions of paragraph (6)(a) regarding ownership,
323 control, and use of the expirations continue to apply.
324 (f) For authorized insurers, must pay to the producing
325 agent a commission equal to that paid by the corporation or the

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326 usual and customary commission paid by the insurer for that line
327 of business, whichever is greater.
328 (g) For approved surplus lines clearinghouse insurers,
329 when coverage is placed through the clearinghouse with an
330 approved surplus lines clearinghouse insurer, must pay a total
331 commission or equivalent compensation on gross written premium,
332 exclusive of fees, surcharges, and taxes, to the surplus lines
333 agent, managing general agent, or managing general underwriter
334 placing the risk. The surplus lines agent, managing general
335 agent, or managing general underwriter must pay the producing
336 agent a commission that results in an effective commission
337 percentage at least equal to the commission percentage published
338 by the corporation and in effect on January 1, 2026, calculated
339 in the same manner and on the same basis used by the
340 corporation, and shall retain the remainder of the total
341 commission or equivalent compensation. This paragraph does not
342 prohibit an agent from voluntarily accepting a lower commission
343 at the agent's sole discretion. As used in this paragraph, the
344 term "effective commission percentage" means the commission
345 expressed as a percentage of premium, exclusive of all fees,
346 assessments, surcharges, and taxes.
347 (5)(a) Notwithstanding s. 627.3517, any applicant for new
348 personal lines coverage from the corporation is not eligible for
349 coverage from the corporation if provided an offer of comparable
350 coverage from an authorized insurer through the program at a

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351 premium that is at or below the eligibility threshold for
352 applicants for new coverage of a primary residence established
353 in s. 627.351(6)(c)5.a., or for applicants for new coverage of a
354 risk that is not a primary residence established in s.
355 627.351(6)(c)5.b. Whenever an offer of comparable coverage for a
356 personal lines risk is received for a policyholder of the
357 corporation at renewal from an authorized insurer through the
358 program which is at or below the eligibility threshold for
359 primary residences of policyholders of the corporation
360 established in s. 627.351(6)(c)5.a., or the eligibility
361 threshold for risks that are not primary residences of
362 policyholders of the corporation established in s.
363 627.351(6)(c)5.b., the risk is not eligible for coverage with
364 the corporation. In the event an offer of coverage for a new
365 applicant is received from an authorized insurer through the
366 program, and the premium offered exceeds the eligibility
367 threshold for applicants for new coverage of a primary residence
368 established in s. 627.351(6)(c)5.a., or the eligibility
369 threshold for applicants for new coverage on a risk that is not
370 a primary residence established in s. 627.351(6)(c)5.b., the
371 applicant or insured may elect to accept such coverage, or may
372 elect to accept or continue coverage with the corporation. In
373 the event an offer of coverage for a personal lines risk is
374 received from an authorized insurer at renewal through the
375 program, and the premium offered exceeds the eligibility

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376 threshold for primary residences of policyholders of the
377 corporation established in s. 627.351(6)(c)5.a., or exceeds the
378 eligibility threshold for risks that are not primary residences
379 of policyholders of the corporation established in s.
380 627.351(6)(c)5.b., the insured may elect to accept such
381 coverage, or may elect to accept or continue coverage with the
382 corporation. Section 627.351(6)(c)5.a.(I) and b.(I) does not
383 apply to an offer of coverage from an authorized insurer
384 obtained through the program. As used in this subsection, the
385 term "primary residence" has the same meaning as in s.
386 627.351(6)(c)2.a.
387 (b) Any applicant for new commercial lines residential
388 coverage from the corporation is not eligible for coverage from
389 the corporation if provided an offer of comparable coverage from
390 an authorized insurer through the program at a premium that is
391 at or below the eligibility threshold for applicants for new
392 coverage established in s. 627.351(6)(c)5.c. Whenever an offer
393 of comparable coverage for a commercial lines residential risk
394 is received for a policyholder of the corporation at renewal
395 from an authorized insurer through the program which is at or
396 below the eligibility threshold in s. 627.351(6)(c)5.c., the
397 risk is not eligible for coverage from the corporation. In the
398 event that an offer of coverage for a new applicant is received
399 from an authorized insurer through the program, and the premium
400 offered exceeds the eligibility threshold established in s.

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401 627.351(6)(c)5.c., the applicant or insured may elect to accept
402 such coverage or may elect to accept or continue coverage with
403 the corporation. In the event that an offer of coverage for a
404 commercial lines residential risk is received from an authorized
405 insurer at renewal through the program, and the premium offered
406 exceeds the eligibility threshold for policyholders of the
407 corporation established in s. 627.351(6)(c)5.c., the insured may
408 elect to accept such coverage or may elect to accept or continue
409 coverage with the corporation. Section 627.351(6)(c)5.c.(I) does
410 not apply to an offer of coverage from an authorized insurer
411 obtained through the program.
412 (c)1. Except as provided in subparagraph 2., any applicant
413 for new commercial lines residential coverage or commercial
414 lines nonresidential coverage from the corporation and any
415 policyholder of the corporation, when such applicant or
416 corporation policyholder is offered commercial lines residential
417 or commercial lines nonresidential coverage pursuant to the
418 program by an approved surplus lines clearinghouse insurer,
419 remains eligible for coverage from the corporation. The
420 applicant or policyholder receiving an offer from an approved
421 surplus lines clearinghouse insurer may elect to accept such
422 coverage or may elect to accept or continue coverage with the
423 corporation.
424 2. Any applicant for new commercial lines residential
425 coverage or commercial lines nonresidential coverage from the

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426 corporation and any policyholder of the corporation, when such
427 applicant or corporation policyholder is offered commercial
428 lines residential or commercial lines nonresidential coverage by
429 an approved surplus lines insurer pursuant to the program and
430 such offered coverage has material terms and conditions that are
431 substantially equivalent to or better than coverage from the
432 corporation as to all aspects of such coverage, as determined by
433 the corporation through the clearinghouse process and applicable
434 program standards, and the total cost of such insurance coverage
435 is not more than 20 percent greater than the total cost of
436 insurance coverage from the corporation, may elect to accept
437 such coverage from the approved surplus lines clearinghouse
438 insurer or may elect to accept or continue coverage with the
439 corporation, but, if electing corporation coverage, such
440 applicant or policyholder must pay a premium for corporation
441 coverage that is subject to s. 627.351(6)(oo).
442 3. Section 627.351(6)(c)5.c.(I) does not apply to an offer
443 of coverage from an approved surplus lines clearinghouse insurer
444 obtained through the program.
445 4. Any policyholder seeking coverage from the personal
446 lines clearinghouse shall be offered coverage that has material
447 terms and conditions that are substantially equivalent to or
448 better than coverage from the corporation as to all aspects of
449 such coverage.
450 (6) Independent insurance agents submitting new

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451 applications for coverage or that are the agent of record on a
452 renewal policy submitted to the program:
453 (a) Are granted and must maintain ownership and the
454 exclusive use of expirations, records, or other written or
455 electronic information directly related to such applications or
456 renewals written through the corporation or through an insurer
457 participating in the program, notwithstanding s. 627.351(5)(a),
458 s. 627.351(6)(c)5.a.(I)(B) and (II)(B), or s.
459 627.351(6)(c)5.b.(I)(B) and (II)(B). Such ownership is granted
460 for as long as the insured remains with the agency or until sold
461 or surrendered in writing by the agent. Contracts with the
462 corporation or required by the corporation or with any insurer
463 or surplus lines agent may must not amend, modify, interfere
464 with, or limit such rights of ownership. Such expirations,
465 records, or other written or electronic information may be used
466 to review an application, issue a policy, or for any other
467 purpose necessary for placing such business through the program.
468 (b) May not be required to be appointed by any insurer
469 participating in the program for policies written solely through
470 the program, notwithstanding the provisions of s. 626.112.
471 (c) May accept an appointment from any insurer
472 participating in the program.
473 (d) May enter into either a standard or limited agency
474 agreement with the insurer, at the insurer's option, and may
475 enter into agreements with a surplus lines agent.

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476
477 Applicants ineligible for coverage in accordance with subsection
478 (5) remain ineligible if their independent agent is unwilling or
479 unable to enter into a standard or limited agency agreement with
480 an insurer participating in the program.
481 (7) Exclusive agents submitting new applications for
482 coverage or that are the agent of record on a renewal policy
483 submitted to the program:
484 (a) Must maintain ownership and the exclusive use of
485 expirations, records, or other written or electronic information
486 directly related to such applications or renewals written
487 through the corporation or through an insurer participating in
488 the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
489 (II)(B) or s. 627.351(6)(c)5.b.(I)(B) and (II)(B). Contracts
490 with the corporation or required by the corporation must not
491 amend, modify, interfere with, or limit such rights of
492 ownership. Such expirations, records, or other written or
493 electronic information may be used to review an application,
494 issue a policy, or for any other purpose necessary for placing
495 such business through the program.
496 (b) May not be required to be appointed by any insurer
497 participating in the program for policies written solely through
498 the program, notwithstanding the provisions of s. 626.112.
499 (c) Must only facilitate the placement of an offer of
500 coverage from an insurer whose limited servicing agreement is

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501 approved by that exclusive agent's exclusive insurer.
502 (d) May enter into a limited servicing agreement with the
503 insurer making an offer of coverage, and only after the
504 exclusive agent's insurer has approved the limited servicing
505 agreement terms. The exclusive agent's insurer must approve a
506 limited service agreement for the program for any insurer for
507 which it has approved a service agreement for other purposes.
508
509 Applicants ineligible for coverage in accordance with subsection
510 (5) remain ineligible if their exclusive agent is unwilling or
511 unable to enter into a standard or limited agency agreement with
512 an insurer making an offer of coverage to that applicant.
513 (8) Submission of an application for coverage by the
514 corporation to the program does not constitute the binding of
515 coverage by the corporation, and failure of the program to
516 obtain an offer of coverage by an insurer may not be considered
517 acceptance of coverage of the risk by the corporation.
518 (9) The 45-day notice of nonrenewal requirement set forth
519 in s. 627.4133(2)(b)5. applies when a policy is nonrenewed by
520 the corporation because the risk has received an offer of
521 coverage pursuant to this section which renders the risk
522 ineligible for coverage by the corporation.
523 (10) The program may not include commercial nonresidential
524 policies.
525 (10)(11) Proprietary business information provided to the

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526 corporation's clearinghouse by insurers with respect to
527 identifying and selecting risks for an offer of coverage is
528 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
529 of the State Constitution.
530 (a) As used in this subsection, the term "proprietary
531 business information" means information, regardless of form or
532 characteristics, which is owned or controlled by an insurer and:
533 1. Is identified by the insurer as proprietary business
534 information and is intended to be and is treated by the insurer
535 as private in that the disclosure of the information would cause
536 harm to the insurer, an individual, or the company's business
537 operations and has not been disclosed unless disclosed pursuant
538 to a statutory requirement, an order of a court or
539 administrative body, or a private agreement that provides that
540 the information will not be released to the public;
541 2. Is not otherwise readily ascertainable or publicly
542 available by proper means by other persons from another source
543 in the same configuration as provided to the clearinghouse; and
544 3. Includes:
545 a. Trade secrets, as defined in s. 688.002.
546 b. Information relating to competitive interests, the
547 disclosure of which would impair the competitive business of the
548 provider of the information.
549
550 Proprietary business information may be found in underwriting

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551 criteria or instructions which are used to identify and select
552 risks through the program for an offer of coverage and are
553 shared with the clearinghouse to facilitate the shopping of
554 risks with the insurer.
555 (b) The clearinghouse may disclose confidential and exempt
556 proprietary business information:
557 1. If the insurer to which it pertains gives prior written
558 consent;
559 2. Pursuant to a court order; or
560 3. To another state agency in this or another state or to
561 a federal agency if the recipient agrees in writing to maintain
562 the confidential and exempt status of the document, material, or
563 other information and has verified in writing its legal
564 authority to maintain such confidentiality.
565 Section 3. The Division of Law Revision is directed to
566 replace the phrase "the effective date of this act" wherever it
567 occurs in this act with the date this act becomes a law.
568 Section 4. This act shall take effect upon becoming a law.

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hb943-01-c1
COMMERCE COMMITTEE

CS/HB 943 by Rep. Redondo
Citizens Property Insurance Corporation

AMENDMENT SUMMARY
February 24, 2026

Amendment #433051 by Rep. Redondo (strike-all):
• Provides that if there is insufficient commercial support for any component of the
commercial lines clearinghouse, Citizens will be relieved of its obligation for that
component.
• Provides that Citizens cannot pay for/subsidize the commercial clearinghouse’s
technology infrastructure or operating costs.
o Citizens is responsible to pay for and operate its own infrastructure and
technology systems so that it can connect and interact with the commercial
clearinghouse. Citizens must also allow the clearinghouse administrator access to
its technology systems.
• Clarifies that Citizens will implement a fee, separate from any rate or premium
calculation, if a surplus lines insurer provides an offer of coverage within 120% of
Citizens’ offer and the policyholder elects to remain with Citizens.
• Provides that the determination of whether an offer of comparable coverage from an
authorized insurer is within 120% of Citizens’ offer must be made prior to the submission
of Citizens’ coverage terms and costs to the clearinghouse administrator.
• Clarifies that OIR must verify surplus lines insurers within 10 business days, but if
verification is not completed within such time frame, the insurers are deemed to be
verified.
• Provides that OIR may review the clearinghouse’s operational processes and may
submit written recommendations to Citizens if OIR determines there is material risk to
Citizens’ solvency.
o If Citizens approves, such recommendations may be temporarily implemented.
• Amends the definition of “comparable coverage” as coverage that Citizens determines
has material terms and conditions that are substantially equivalent to or better than
coverage from Citizens.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (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 Redondo offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6
7 Section 1. Paragraph (oo) is added to subsection (6) of
8 section 627.351, Florida Statutes, to read:
9 627.351 Insurance risk apportionment plans.—
10 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
11 (oo) For commercial residential and commercial
12 nonresidential risks, if an approved surplus lines clearinghouse
13 insurer offers coverage under s. 627.3518(6)(c)2. and the total
14 cost of such coverage is not more than 20 percent greater than
15 the total cost of insurance coverage from the corporation, the
16 corporation may not issue or renew coverage unless it imposes an
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Bill No. CS/HB 943 (2026)
Amendment No.

17 equalization adjustment on such policy equal to the amount by
18 which the total cost of insurance coverage offered by the
19 approved surplus lines clearinghouse insurer exceeds the total
20 cost of insurance coverage from the corporation. If the total
21 cost of insurance from the approved surplus lines clearinghouse
22 insurer does not exceed the total cost of corporation coverage,
23 the corporation may not impose the equalization adjustment. If
24 more than one approved surplus lines clearinghouse insurer
25 offers coverage under s. 627.3518(6)(c)2., the lowest offered
26 total cost of insurance coverage applies for purposes of this
27 paragraph. The total cost of insurance coverage includes, but is
28 not limited to, the premium, fees, surcharges, and applicable
29 taxes. An offer submitted by a surplus lines clearinghouse
30 insurer which is declined by the applicant or policyholder,
31 expires, or is not accepted by the applicant or policyholder for
32 any reason does not relieve the corporation from its obligation,
33 if any, to impose an equalization adjustment as set forth in
34 this paragraph. An equalization adjustment applied pursuant to
35 this paragraph expires at the end of the policy term. For the
36 purposes of this paragraph, the term "equalization adjustment"
37 means a temporary policy-term-only adjustment applied solely for
38 purposes of evaluating and comparing offers of coverage on a
39 comparable basis under this section. An equalization adjustment
40 does not constitute a rate, premium, surcharge, or filing; does
41 not modify or affect any rate, rating plan, rule, or filing
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42 approved for the corporation; and expires by operation of law at
43 the end of the applicable policy term.
44 Section 2. Section 627.3518, Florida Statutes, is amended
45 to read:
46 627.3518 Citizens Property Insurance Corporation
47 policyholder eligibility clearinghouse program.—The purpose of
48 this section is to provide a framework for the corporation to
49 implement a clearinghouse program by January 1, 2014.
50 (1) As used in this section, the term:
51 (a) "Approved surplus lines clearinghouse insurer" means
52 an eligible surplus lines insurer that has a financial strength
53 rating of "A-" or higher and a financial size category of A-VII
54 or higher from A.M. Best Company which the clearinghouse
55 administrator recommends for participation in the program and
56 which the office verifies meets the requirements for
57 participation in the program within 10 business days after the
58 commercial lines clearinghouse administrator's recommendation.
59 If the office does not complete such verification within the 10-
60 business-day period, the insurer shall be deemed verified for
61 purposes of participation in the program.
62 (b) "Authorized insurer" means an insurer authorized to
63 act as an insurer by a subsisting certificate of authority
64 issued to the insurer by the office.
65 (c) "Commercial lines clearinghouse administrator" means
66 the individual or entity employed or otherwise contracted by the
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67 corporation to provide administrative or professional services
68 to implement the commercial lines clearinghouse required
69 pursuant to subparagraph (2)(b)1. within the corporation as set
70 forth in paragraph (3)(b).
71 (d) "Comparable coverage" means coverage that has material
72 terms and conditions that are substantially equivalent to or
73 better than coverage from the corporation as to all aspects of
74 such coverage, as determined by the corporation through the
75 clearinghouse process and applicable program standards.
76 (e) "Corporation" means Citizens Property Insurance
77 Corporation.
78 (f)(b) "Exclusive agent" means any licensed insurance
79 agent that has, by contract, agreed to act exclusively for one
80 company or group of affiliated insurance companies and is
81 disallowed by the provisions of that contract to directly write
82 for any other unaffiliated insurer absent express consent from
83 the company or group of affiliated insurance companies.
84 (g)(c) "Independent agent" means any licensed insurance
85 agent not described in paragraph (f) (b).
86 (h) "Primary residence" has the same meaning as in s.
87 627.351(6)(c)2.a.
88 (i)(d) "Program" means the clearinghouse created under
89 this section, consisting of the personal lines clearinghouse and
90 the commercial lines clearinghouse.

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91 (j) "Surplus lines agent" means an insurance agent
92 licensed pursuant to s. 626.927 or s. 626.9272.
93 (2)(a) The corporation shall establish a personal lines
94 clearinghouse in order to confirm an applicant's eligibility
95 with the corporation, and to enhance access of new applicants
96 for personal lines coverage and existing personal lines
97 policyholders of the corporation to offers of coverage from
98 authorized insurers, and the corporation shall establish a
99 program for personal residential risks in order to facilitate
100 the diversion of ineligible applicants and existing
101 policyholders from the corporation into the voluntary insurance
102 market.
103 (b)1. The corporation shall amend its plan of operation
104 and implement on or before January 1, 2027, a commercial lines
105 clearinghouse in order to enhance access to offers of coverage
106 from approved surplus lines clearinghouse insurers for new
107 applicants for commercial residential coverage and commercial
108 nonresidential coverage and existing commercial residential and
109 commercial nonresidential policyholders of the corporation.
110 2. To facilitate the diversion of ineligible applicants
111 and existing policyholders from the corporation to authorized
112 insurers, the corporation shall implement, on or before January
113 1, 2027, a separate commercial lines clearinghouse to confirm
114 eligibility for coverage from the corporation and to enhance
115 access to offers of coverage from authorized insurers for new
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116 applicants for commercial residential and commercial
117 nonresidential coverage and existing commercial residential and
118 commercial nonresidential policyholders of the corporation shall
119 also develop appropriate procedures for facilitating the
120 diversion of ineligible applicants and existing policyholders
121 for commercial residential coverage into the private insurance
122 market and shall report such procedures to the President of the
123 Senate and the Speaker of the House of Representatives by
124 January 1, 2014.
125 (3) The corporation board shall establish the
126 clearinghouse program as an organizational unit within the
127 corporation. The program shall have all the rights and
128 responsibilities in carrying out its duties as a licensed
129 general lines agent and a surplus lines agent, but may not be
130 required to employ or engage a licensed general lines agent or a
131 surplus lines agent, or to maintain an insurance agency license
132 to carry out its activities in the solicitation and placement of
133 insurance coverage. In establishing the program, the corporation
134 has all of the following rights and responsibilities may:
135 (a) Before binding or renewing coverage by the
136 corporation, the corporation:
137 1. May require all new applications for personal lines
138 coverage, and all personal lines policies due for renewal, to be
139 submitted for coverage to the program in order to facilitate
140 obtaining an offer of coverage from an authorized insurer.
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141 2. May, if the corporation establishes a clearinghouse
142 pursuant to subparagraph (2)b.2., require all new applications
143 for commercial lines coverage, and all commercial lines policies
144 due for renewal, to be submitted for coverage to the program in
145 order to facilitate obtaining an offer of coverage from an
146 authorized insurer.
147 3. Shall require all new applications for commercial lines
148 coverage, and all commercial lines policies due for renewal, to
149 be initially submitted for coverage through the commercial lines
150 clearinghouse as a single point of intake for both the
151 corporation and the program in order to facilitate obtaining an
152 offer of coverage from an approved surplus lines clearinghouse
153 insurer before binding or renewing coverage by the corporation.
154 (b) Shall establish and maintain the operational systems
155 and procedures necessary to implement the program.
156 (c) May employ or otherwise contract with individuals or
157 other entities for appropriate administrative or professional
158 services to effectuate the plan within the corporation in
159 accordance with the applicable purchasing requirements under s.
160 627.351 and, for purposes of implementing the commercial lines
161 clearinghouse and providing offers of coverage from approved
162 surplus lines clearinghouse insurers on or before January 1,
163 2027, contract with such individuals or entities in accordance
164 with s. 287.057.

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165 (d)(c) May enter into contracts with any authorized
166 insurer and any approved surplus lines clearinghouse insurer to
167 participate in the program and accept an appointment by such
168 insurer.
169 (e)(d) May provide funds to operate the program. Insurers
170 and agents participating in the program are not required to pay
171 a fee to offset or partially offset the cost of the program or
172 use the program for renewal of policies initially written
173 through the clearinghouse. Notwithstanding this paragraph, any
174 commercial lines clearinghouse administrator may charge approved
175 surplus lines clearinghouse insurers participating in the
176 program reasonable transaction, technology, administration, and
177 other similar fees. All fees charged by the commercial lines
178 clearinghouse administrator must be fair and reasonable.
179 (f) Shall include separate components for authorized
180 insurers and approved surplus lines insurers with respect to the
181 commercial lines clearinghouse, each of which shall be
182 independently operated and independently funded.
183 (g) In the event that there is insufficient commercial
184 support for any component of the commercial lines clearinghouse,
185 shall be relieved of its obligations with respect to that
186 component for which there is insufficient commercial support.
187 (h) Shall provide or permit access to shared or hosted
188 technology, systems, interfaces, or applications programming
189 interfaces to the commercial lines clearinghouse administrator,
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190 provided that each retains operational control over and
191 responsibility for its own technology, systems, interfaces, or
192 applications. Notwithstanding paragraph (e), the corporation may
193 not provide funds to support or offset the infrastructure or
194 operations of the commercial lines clearinghouse or any
195 component thereof, but shall fund and operate its own
196 technology, systems, interfaces, or applications as necessary
197 for the corporation to access and interface with the commercial
198 lines clearinghouse.
199 (i)(e) May develop an enhanced application that includes
200 information to assist private insurers in determining whether to
201 make an offer of coverage through the program.
202 (j)(f) For personal lines residential risks, may require
203 that, before approving all new applications for coverage by the
204 corporation, that every application be subject to a period of 2
205 business days when any insurer participating in the program may
206 select the application for coverage. For commercial lines
207 residential and commercial lines nonresidential risks, the
208 corporation may require, before approving all new applications
209 for commercial lines coverage by the corporation, that every
210 application be subject to a period of 5 business days when any
211 insurer participating in the program may select the application
212 for coverage. The insurer may issue a binder on any policy
213 selected for coverage for a period of at least 30 days but not
214 more than 60 days.
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215 (k) Shall, in creating the commercial lines clearinghouse,
216 establish criteria to determine the capabilities necessary for
217 the commercial lines clearinghouse administrator. For
218 facilitating offers of surplus lines coverage, such criteria
219 must include confirmed expertise in the surplus lines market, at
220 least 5 years of publicly available audited financial
221 statements, the ability to facilitate all approved surplus lines
222 clearinghouse insurers to participate in the commercial lines
223 clearinghouse, and other criteria that the corporation
224 determines necessary to effectively establish, administer,
225 manage offers of surplus lines coverage through the commercial
226 lines clearinghouse, and the ability to collect and remit,
227 either directly or through a surplus lines agent, all taxes
228 pursuant to s. 626.932 and service fees pursuant to s. 626.9325.
229 (l) Shall select a commercial lines clearinghouse
230 administrator within 90 days after the effective date of this
231 act.
232 (m) May allow the commercial lines clearinghouse
233 administrator to establish procedures and account clearance
234 requirements the commercial lines clearinghouse administrator
235 deems necessary to ensure an orderly process for offers of
236 coverage to be provided by authorized insurers or approved
237 surplus lines clearinghouse insurers participating in the
238 commercial lines clearinghouse and to avoid multiple offers of
239 coverage from the same insurer for the same risk.
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240 (n) Must submit to the commercial lines clearinghouse
241 administrator its coverage terms and conditions, deductible
242 structures, and unalterable indicated total cost of insurance
243 coverage, which must include, but is not limited to, the
244 premium, fees, surcharges, and applicable taxes for the subject
245 risk before any approved surplus lines clearinghouse insurer is
246 provided a submission for coverage pursuant to the program by
247 any applicant for new coverage from the corporation or any
248 policyholder of the corporation. Upon completion of such
249 submission, the commercial lines clearinghouse administrator
250 shall provide the corporation's unalterable indicated coverage
251 terms and conditions and deductible structures, but may not
252 provide the indicated total cost of corporation insurance
253 coverage, to the approved surplus lines clearinghouse insurers
254 participating in the program. The commercial lines clearinghouse
255 administrator shall determine, through established procedures,
256 whether a submission is complete before release, which
257 submission requires, at a minimum, a validated application from
258 the agent and the corporation's unalterable indicated total cost
259 of insurance, coverage terms and conditions, and deductible
260 structures. The commercial lines clearinghouse administrator
261 shall then use the corporation's unalterable indication to
262 determine whether any offers of coverage from approved surplus
263 lines clearinghouse insurers satisfy the requirements set forth
264 in s. 627.351(6)(oo) and subparagraph (6)(c)2. The corporation
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265 may not bind or otherwise communicate, indicate, or make an
266 offer of coverage to an applicant or policyholder, or its agent,
267 or otherwise accept coverage until the commercial lines
268 clearinghouse administrator has determined that a complete
269 submission has been made, affirmatively releases one or more
270 offers of coverage from approved surplus lines clearinghouse
271 insurers, or affirms that no clearinghouse insurer offer of
272 coverage has been made, and at least 5 business days have
273 elapsed from the date of such release, unless waived in writing.
274 Any change to the corporation's coverage terms and conditions,
275 deductible structures, or indicated total cost of insurance
276 coverage constitutes a new submission by the corporation under
277 this paragraph. The validation period described in this
278 paragraph applies regardless of any proposed effective date,
279 renewal date, or expiration date of the policy and may not be
280 shortened or bypassed based on timing considerations relating to
281 binding or renewal.
282 (4) The corporation may share risk exposure and policy
283 information with the commercial lines clearinghouse
284 administrator and, through the commercial lines clearinghouse,
285 the commercial lines clearinghouse administrator may use such
286 information as necessary to operate and administer the
287 commercial lines clearinghouse and ensure the orderly, timely,
288 and transparent assessment of risks by insurers participating in
289 the commercial lines clearinghouse.
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290 (5) Any authorized insurer may participate in the program;
291 however, participation is not mandatory for any insurer.
292 Approved surplus lines clearinghouse insurers may participate in
293 the commercial lines clearinghouse but may not participate in
294 the personal lines clearinghouse; however, participation in the
295 program is not mandatory for any surplus lines insurer. Insurers
296 making offers of coverage to new applicants or renewal
297 policyholders through the program:
298 (a) May not be required to individually appoint any agent
299 whose customer is underwritten and bound through the program.
300 Notwithstanding s. 626.112, insurers are not required to appoint
301 any agent on a policy underwritten through the program for as
302 long as that policy remains with the insurer. Insurers may, at
303 their election, appoint any agent or surplus lines agent whose
304 direct or indirect customer is initially underwritten and bound
305 through the program. In the event an insurer accepts a policy
306 from an agent who is not appointed pursuant to this paragraph,
307 and thereafter elects to accept a policy from such agent, the
308 provisions of s. 626.112 requiring appointment apply to the
309 agent.
310 (b) Must enter into a limited agency agreement with each
311 agent or surplus lines agent that is not appointed in accordance
312 with paragraph (a) and whose direct or indirect customer is
313 underwritten and bound through the program. In addition, a
314 surplus lines agent that enters into a limited agency or broker
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315 agreement with an approved surplus lines clearinghouse insurer
316 making an offer of coverage through the program must also enter
317 into a limited agency or broker agreement with each producing
318 agent whose customer is underwritten and bound through the
319 program.
320 (c) Must enter into its standard agency agreement with
321 each agent or surplus lines agent whose direct or indirect
322 customer is underwritten and bound through the program when that
323 agent or surplus lines agent has been appointed by the insurer
324 pursuant to s. 626.112. In addition, a surplus lines agent that
325 enters into a standard agency or broker agreement with an
326 approved surplus lines clearinghouse insurer making an offer of
327 coverage through the program must also enter into a limited
328 agency or broker agreement with each producing agent whose
329 customer is underwritten and bound through the program.
330 (d) Must comply with s. 627.4133(2) or, if the insurer is
331 an approved surplus lines clearinghouse insurer, s. 626.9201.
332 (e) May participate through their designated single-
333 designated managing general agent, managing general underwriter,
334 or broker, or surplus lines agent; however, the provisions of
335 paragraph (7)(a) (6)(a) regarding ownership, control, and use of
336 the expirations continue to apply.
337 (f) For authorized insurers, must pay to the producing
338 agent a commission equal to that paid by the corporation or the

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339 usual and customary commission paid by the insurer for that line
340 of business, whichever is greater.
341 (g) For approved surplus lines clearinghouse insurers,
342 when coverage is placed through the clearinghouse with an
343 approved surplus lines clearinghouse insurer, must pay a total
344 commission or equivalent compensation on gross written premium,
345 exclusive of fees, surcharges, and taxes, to the surplus lines
346 agent, managing general agent, or managing general underwriter
347 placing the risk. The surplus lines agent, managing general
348 agent, or managing general underwriter must pay the producing
349 agent a commission that results in an effective commission
350 percentage at least equal to the commission percentage published
351 by the corporation and in effect on January 1, 2026, calculated
352 in the same manner and on the same basis used by the
353 corporation, and shall retain the remainder of the total
354 commission or equivalent compensation. This paragraph does not
355 prohibit an agent from voluntarily accepting a lower commission
356 at the agent's sole discretion. As used in this paragraph, the
357 term "effective commission percentage" means the commission
358 expressed as a percentage of premium, exclusive of all fees,
359 assessments, surcharges, and taxes.
360 (6)(a)(5) Notwithstanding s. 627.3517, any applicant for
361 new personal lines coverage from the corporation is not eligible
362 for coverage from the corporation if provided an offer of
363 comparable coverage from an authorized insurer through the
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364 program at a premium that is at or below the eligibility
365 threshold for applicants for new coverage of a primary residence
366 established in s. 627.351(6)(c)5.a., or for applicants for new
367 coverage of a risk that is not a primary residence established
368 in s. 627.351(6)(c)5.b. Whenever an offer of comparable coverage
369 for a personal lines risk is received for a policyholder of the
370 corporation at renewal from an authorized insurer through the
371 program which is at or below the eligibility threshold for
372 primary residences of policyholders of the corporation
373 established in s. 627.351(6)(c)5.a., or the eligibility
374 threshold for risks that are not primary residences of
375 policyholders of the corporation established in s.
376 627.351(6)(c)5.b., the risk is not eligible for coverage with
377 the corporation. In the event an offer of coverage for a new
378 applicant is received from an authorized insurer through the
379 program, and the premium offered exceeds the eligibility
380 threshold for applicants for new coverage of a primary residence
381 established in s. 627.351(6)(c)5.a., or the eligibility
382 threshold for applicants for new coverage on a risk that is not
383 a primary residence established in s. 627.351(6)(c)5.b., the
384 applicant or insured may elect to accept such coverage, or may
385 elect to accept or continue coverage with the corporation. In
386 the event an offer of coverage for a personal lines risk is
387 received from an authorized insurer at renewal through the
388 program, and the premium offered exceeds the eligibility
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389 threshold for primary residences of policyholders of the
390 corporation established in s. 627.351(6)(c)5.a., or exceeds the
391 eligibility threshold for risks that are not primary residences
392 of policyholders of the corporation established in s.
393 627.351(6)(c)5.b., the insured may elect to accept such
394 coverage, or may elect to accept or continue coverage with the
395 corporation. Section 627.351(6)(c)5.a.(I) and b.(I) does not
396 apply to an offer of coverage from an authorized insurer
397 obtained through the program. As used in this subsection, the
398 term "primary residence" has the same meaning as in s.
399 627.351(6)(c)2.a.
400 (b) Any applicant for new commercial lines residential
401 coverage from the corporation is not eligible for coverage from
402 the corporation if provided an offer of comparable coverage from
403 the corporation as to all aspects of such coverage from an
404 authorized insurer through the program at a premium that is at
405 or below the eligibility threshold for applicants for new
406 coverage established in s. 627.351(6)(c)5.c. The determination
407 of whether an offer of comparable coverage from an authorized
408 insurer through the program is at or below the eligibility
409 threshold must be made before the submission of the
410 corporation's coverage terms and conditions, deductible
411 structures, and unalterable indicated total cost of insurance is
412 provided to the commercial lines clearinghouse administrator.
413 Whenever an offer of comparable coverage from the corporation as
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414 to all aspects of such coverage for a commercial lines
415 residential risk is received for a policyholder of the
416 corporation at renewal from an authorized insurer through the
417 program which is at or below the eligibility threshold in s.
418 627.351(6)(c)5.c., the risk is not eligible for coverage from
419 the corporation. In the event that an offer of coverage for a
420 new applicant is received from an authorized insurer through the
421 program, and the premium offered exceeds the eligibility
422 threshold established in s. 627.351(6)(c)5.c., the applicant or
423 insured may elect to accept such coverage or may elect to accept
424 or continue coverage with the corporation. In the event that an
425 offer of coverage for a commercial lines residential risk is
426 received from an authorized insurer at renewal through the
427 program, and the premium offered exceeds the eligibility
428 threshold for policyholders of the corporation established in s.
429 627.351(6)(c)5.c., the insured may elect to accept such coverage
430 or may elect to accept or continue coverage with the
431 corporation. Section 627.351(6)(c)5.c.(I) does not apply to an
432 offer of coverage from an authorized insurer obtained through
433 the program.
434 (c)1. Except as provided in subparagraph 2., any applicant
435 for new commercial lines residential coverage or commercial
436 lines nonresidential coverage from the corporation and any
437 policyholder of the corporation, when such applicant or
438 corporation policyholder is offered commercial lines residential
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439 or commercial lines nonresidential coverage pursuant to the
440 program by an approved surplus lines clearinghouse insurer,
441 remains eligible for coverage from the corporation. The
442 applicant or policyholder receiving an offer from an approved
443 surplus lines clearinghouse insurer may elect to accept such
444 coverage or may elect to accept or continue coverage with the
445 corporation.
446 2. Any applicant for new commercial lines residential
447 coverage or commercial lines nonresidential coverage from the
448 corporation and any policyholder of the corporation, when such
449 applicant or corporation policyholder is offered commercial
450 lines residential or commercial lines nonresidential coverage by
451 an approved surplus lines insurer pursuant to the program and
452 such offered coverage is comparable coverage, and the total cost
453 of such insurance coverage is not more than 20 percent greater
454 than the total cost of insurance coverage from the corporation,
455 may elect to accept such coverage from the approved surplus
456 lines clearinghouse insurer or may elect to accept or continue
457 coverage with the corporation, but, if electing corporation
458 coverage, such applicant or policyholder must pay the total cost
459 of insurance for corporation coverage that is subject to s.
460 627.351(6)(oo).
461 3. Section 627.351(6)(c)5.c.(I) does not apply to an offer
462 of coverage from an approved surplus lines clearinghouse insurer
463 obtained through the program.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

464 (7)(6) Independent insurance agents submitting new
465 applications for coverage or that are the agent of record on a
466 renewal policy submitted to the program:
467 (a) Are granted and must maintain ownership and the
468 exclusive use of expirations, records, or other written or
469 electronic information directly related to such applications or
470 renewals written through the corporation or through an insurer
471 participating in the program, notwithstanding s. 627.351(5)(a),
472 s. 627.351(6)(c)5.a.(I)(B) and (II)(B), or s.
473 627.351(6)(c)5.b.(I)(B) and (II)(B). Such ownership is granted
474 for as long as the insured remains with the agency or until sold
475 or surrendered in writing by the agent. Contracts with the
476 corporation or required by the corporation or with any insurer
477 or surplus lines agent may must not amend, modify, interfere
478 with, or limit such rights of ownership. Such expirations,
479 records, or other written or electronic information may be used
480 to review an application, issue a policy, or for any other
481 purpose necessary for placing such business through the program.
482 (b) May not be required to be appointed by any insurer
483 participating in the program for policies written solely through
484 the program, notwithstanding the provisions of s. 626.112.
485 (c) May accept an appointment from any insurer
486 participating in the program.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

487 (d) May enter into either a standard or limited agency
488 agreement with the insurer, at the insurer's option, and may
489 enter into agreements with a surplus lines agent.
490
491 Applicants ineligible for coverage in accordance with subsection
492 (6) (5) remain ineligible if their independent agent is
493 unwilling or unable to enter into a standard or limited agency
494 agreement with an insurer participating in the program.
495 (8)(7) Exclusive agents submitting new applications for
496 coverage or that are the agent of record on a renewal policy
497 submitted to the program:
498 (a) Must maintain ownership and the exclusive use of
499 expirations, records, or other written or electronic information
500 directly related to such applications or renewals written
501 through the corporation or through an insurer participating in
502 the program, notwithstanding s. 627.351(6)(c)5.a.(I)(B) and
503 (II)(B) or s. 627.351(6)(c)5.b.(I)(B) and (II)(B). Contracts
504 with the corporation or required by the corporation must not
505 amend, modify, interfere with, or limit such rights of
506 ownership. Such expirations, records, or other written or
507 electronic information may be used to review an application,
508 issue a policy, or for any other purpose necessary for placing
509 such business through the program.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

510 (b) May not be required to be appointed by any insurer
511 participating in the program for policies written solely through
512 the program, notwithstanding the provisions of s. 626.112.
513 (c) Must only facilitate the placement of an offer of
514 coverage from an insurer whose limited servicing agreement is
515 approved by that exclusive agent's exclusive insurer.
516 (d) May enter into a limited servicing agreement with the
517 insurer making an offer of coverage, and only after the
518 exclusive agent's insurer has approved the limited servicing
519 agreement terms. The exclusive agent's insurer must approve a
520 limited service agreement for the program for any insurer for
521 which it has approved a service agreement for other purposes.
522
523 Applicants ineligible for coverage in accordance with subsection
524 (6) (5) remain ineligible if their exclusive agent is unwilling
525 or unable to enter into a standard or limited agency agreement
526 with an insurer making an offer of coverage to that applicant.
527 (9)(8) Submission of an application for coverage by the
528 corporation to the program does not constitute the binding of
529 coverage by the corporation, and failure of the program to
530 obtain an offer of coverage by an insurer may not be considered
531 acceptance of coverage of the risk by the corporation.
532 (10)(9) The 45-day notice of nonrenewal requirement set
533 forth in s. 627.4133(2)(b)5. applies when a policy is nonrenewed
534 by the corporation because the risk has received an offer of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

535 coverage pursuant to this section which renders the risk
536 ineligible for coverage by the corporation.
537 (10) The program may not include commercial nonresidential
538 policies.
539 (11) Proprietary business information provided to the
540 corporation's clearinghouse by insurers with respect to
541 identifying and selecting risks for an offer of coverage is
542 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
543 of the State Constitution.
544 (a) As used in this subsection, the term "proprietary
545 business information" means information, regardless of form or
546 characteristics, which is owned or controlled by an insurer and:
547 1. Is identified by the insurer as proprietary business
548 information and is intended to be and is treated by the insurer
549 as private in that the disclosure of the information would cause
550 harm to the insurer, an individual, or the company's business
551 operations and has not been disclosed unless disclosed pursuant
552 to a statutory requirement, an order of a court or
553 administrative body, or a private agreement that provides that
554 the information will not be released to the public;
555 2. Is not otherwise readily ascertainable or publicly
556 available by proper means by other persons from another source
557 in the same configuration as provided to the clearinghouse; and
558 3. Includes:
559 a. Trade secrets, as defined in s. 688.002.
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Bill No. CS/HB 943 (2026)
Amendment No.

560 b. Information relating to competitive interests, the
561 disclosure of which would impair the competitive business of the
562 provider of the information.
563
564 Proprietary business information may be found in underwriting
565 criteria or instructions which are used to identify and select
566 risks through the program for an offer of coverage and are
567 shared with the clearinghouse to facilitate the shopping of
568 risks with the insurer.
569 (b) The clearinghouse may disclose confidential and exempt
570 proprietary business information:
571 1. If the insurer to which it pertains gives prior written
572 consent;
573 2. Pursuant to a court order; or
574 3. To another state agency in this or another state or to
575 a federal agency if the recipient agrees in writing to maintain
576 the confidential and exempt status of the document, material, or
577 other information and has verified in writing its legal
578 authority to maintain such confidentiality.
579 (12) To promote actuarial soundness, program integrity,
580 and mitigation of solvency or assessment risk to the
581 corporation, the office may review operational processes related
582 to the program. Such review may include, but is not limited to,
583 all of the following:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

584 (a) Comparable coverage determinations upon complaint to
585 the office by or on behalf of a policy applicant.
586 (b) Verification of the financial strength of approved
587 surplus lines clearinghouse insurers participating in the
588 program.
589 (c) The reasonableness of fees charged by the commercial
590 lines clearinghouse administrator.
591 (d) The operational processes used by the commercial lines
592 clearinghouse administrator to determine whether an offer of
593 coverage from an insurer participating in the program precludes
594 coverage from the corporation or requires an equalization
595 adjustment by the corporation.
596 (e) The potential for material adverse impact to the
597 corporation's surplus, solvency, or assessment exposure.
598 (13)(a) If, after a review under subsection (12), the
599 office determines that program processes are creating a material
600 risk to the solvency of the corporation, the office shall notify
601 the corporation and submit written recommendations to the
602 commission.
603 (b) Upon approval by the commission, the corporation may
604 temporarily implement recommendations made by the office to
605 address the solvency risk. Such recommendations may include, but
606 are not limited to, all of the following:
607 1. Temporary suspension of the equalization adjustment
608 authorized under s. 627.351(6)(oo).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

609 2. Temporary exclusion of one or more participating
610 insurers from the program.
611 3. Temporary modification of program procedural timelines.
612 4. If exigent circumstances exist, temporary suspension of
613 the requirement that any applicant for new commercial
614 residential coverage or commercial nonresidential coverage from
615 the corporation and any policyholder of the corporation submit
616 applications for coverage through the commercial lines
617 clearinghouse.
618 (14) This section does not authorize rebates or any
619 activity that would violate part IX of chapter 626. The
620 corporation and the commercial lines clearinghouse administrator
621 shall implement procedures to ensure that participating agents
622 and insurers are not induced to violate part IX of chapter 626.
623 The office may review such compliance procedures solely for the
624 purpose of submitting recommendations to the commission under
625 subsection (13).
626 Section 3. This act shall take effect upon becoming a law.
627
628 -----------------------------------------------------
629 T I T L E A M E N D M E N T
630 Remove everything before the enacting clause and insert:
631 An act relating to the Citizens Property Insurance
632 Corporation; amending s. 627.351, F.S.; prohibiting
633 the corporation from issuing or renewing coverage for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

634 commercial residential and commercial nonresidential
635 risks under certain circumstances; prohibiting the
636 corporation from imposing an equalization adjustment
637 under certain circumstances; providing applicability;
638 specifying the components of the total cost of
639 insurance coverage; specifying that the corporation is
640 not relieved from an obligation to impose an
641 equalization adjustment under certain circumstances;
642 specifying that certain adjustments expire at a
643 specified time; defining the term "equalization
644 adjustment"; amending s. 627.3518, F.S.; deleting an
645 obsolete provision; defining terms; revising the
646 definition of the term "program"; requiring the
647 corporation to establish a personal lines
648 clearinghouse for specified purposes; requiring, on or
649 before a specified date, the corporation to amend its
650 plan of operation and implement a commercial lines
651 clearinghouse for a specified purpose; requiring, on
652 or before a specified date, the corporation to
653 implement a separate commercial lines clearinghouse
654 for specified purposes; deleting obsolete provisions;
655 revising the program's rights and responsibilities;
656 revising the rights and responsibilities the
657 corporation has in establishing the program;
658 authorizing the corporation to share risk exposure and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

659 policy information with the commercial lines
660 clearinghouse administrator; authorizing such
661 administrator to use such information for a specified
662 purpose; authorizing approved surplus lines
663 clearinghouse insurers to participate in the
664 commercial lines clearinghouse; prohibiting such
665 insurers from participating in the personal lines
666 clearinghouse; specifying that participation in the
667 program is not mandatory for such insurers; revising
668 prohibitions and requirements for insurers making
669 offers of coverage to new applicants or renewal
670 policyholders through the program; providing
671 construction; defining the term "effective commission
672 percentage"; specifying that applicants for new
673 commercial lines residential coverage are not eligible
674 for coverage from the corporation under certain
675 circumstances; specifying the circumstances under
676 which policyholders of the corporation are not
677 eligible for new commercial lines residential coverage
678 from the corporation; requiring that the determination
679 of whether an offer of comparable coverage from an
680 authorized insurer is at or below the eligibility
681 threshold be made at a specified time; authorizing
682 applicants or insureds to elect to accept coverage
683 with authorized insurers or elect to accept or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

684 continue coverage with the corporation under certain
685 circumstances; authorizing insureds to elect to accept
686 coverage with specified insurers or elect to accept or
687 continue coverage with the corporation under certain
688 circumstances; providing applicability; specifying
689 that certain applicants and policyholders remain
690 eligible for coverage from the corporation;
691 authorizing such applicants and policyholders to elect
692 to accept coverage from clearinghouse insurers or
693 elect to accept or continue coverage with the
694 corporation; authorizing certain applicants and
695 policyholders of the corporation to elect to accept
696 coverage from clearinghouse insurers or elect to
697 accept or continue coverage with the corporation;
698 requiring such applicants or policyholders to pay a
699 specified total cost of insurance for corporation
700 coverage; providing applicability; revising the rights
701 and authorizations for certain independent insurance
702 agents; deleting a prohibition relating to commercial
703 nonresidential policies; authorizing the Office of
704 Insurance Regulation to review certain operational
705 processes related to the program; specifying the
706 contents of such review; requiring the office to
707 notify the corporation and submit written
708 recommendations to the Financial Services Commission
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 943 (2026)
Amendment No.

709 under certain circumstances; authorizing the
710 corporation to temporarily implement certain
711 recommendations; providing construction; requiring the
712 corporation and the commercial lines clearinghouse
713 administrator to implement specified procedures;
714 authorizing the office to review such procedures;
715 providing an effective date.

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CS/CS/HB 951
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 951 COMPANION BILL: CS/SB 1074 (Gaetz)
TITLE: One-cent Piece LINKED BILLS: None
SPONSOR(S): McFarland and Overdorf RELATED BILLS: None
Committee References
Ways & Means Insurance & Banking Commerce
18 Y, 0 N, As CS  18 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill establishes rounding procedures for sales tax dealers who, due to the discontinuation of the penny, are
unable to provide exact change. Under the bill, cash transactions may be rounded to the nearest nickel after the
calculation of tax is accounted for. The bill confirms that rounding cash transactions in this manner does not alter
the amount of tax owed. The bill also provides rounding provisions for cash payments made to secondary metals
recyclers.

Additionally, the bill provides that the Florida Deceptive and Unfair Trade Practices Act does not apply to the
rounding of consumer sales to the nearest nickel when the penny is no longer in production.

Fiscal or Economic Impact:
The Revenue Estimating Conference has not estimated the impact of the bill on state or local government revenues.
Staff estimates the bill will not impact state or local government revenues.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill establishes rounding procedures for sales tax dealers who, due to the discontinuation of the penny, are
unable to provide exact change. Specifically, the bill provides that if the one-cent piece (the penny) is no longer in
production, an in-person cash transaction may be rounded to the nearest nickel.

The rounding rules for cash transactions, to be applied after tax is calculated and added to the sales price, would be
as follows:

For amounts ending in: Then round:
one or two cents down to zero cents
three or four cents up to five cents
six or seven cents down to five cents
eight or nine cents up to ten cents

Transactions already ending in zero or five cents are unchanged, and are not rounded.

STORAGE NAME: h0951d.COM
DATE: 2/20/2026
1
CS/CS/HB 951
The bill provides that cash has the same meaning as under 12 U.S.C. s. 4001, which defines cash as “United States
coins and currency, including Federal Reserve notes.”1 The bill provides that noncash methods include:
 Electronic funds transfer;
 Check;
 Gift card;
 Money order;
 Credit card; and
 The noncash portion of a mixed tender transaction. (Section 1).

Rounding to the nearest nickel does not apply to transactions conducted electronically, and for mixed-tender
transactions, rounding to the nearest nickel applies only to the portion of the transaction paid in cash. The bill
further provides that rounding does not increase or decrease the amount of sales tax due for in-person cash
transactions. Further, rounding will not alter or affect the exact amounts authorized, cleared, or settled through
any noncash payment system. (Section 1)

The bill amends s. 501.212, F.S., to provide that the Florida Deceptive and Unfair Trade Practices Act does not apply
to rounding a consumer sale to the nearest nickel if the one-cent piece is no longer in production. (Section 2)

The bill amends s. 538.235, F.S., to provide that cash payments made to secondary metals recyclers must be made
in full or rounded up to the nearest nickel if the one-cent piece is no longer in production. (Section 3)

The bill takes effect upon becoming a law. (Section 4)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has not estimated the impact of the bill on state government revenues. Staff
estimates that the bill will not impact state government revenues.

LOCAL GOVERNMENT:
The Revenue Estimating Conference has not estimated the impact of the bill on local government revenues. Staff
estimates that the bill will not impact local government revenues.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Penny Production
The federal government has stopped manufacturing new pennies; however, the Federal Reserve will continue to
recirculate the pennies still in existence, which are roughly 114 billion pennies.2 The Treasury Department aims to
help keep the existing supply of pennies in circulation by encouraging the public to spend their on-hand pennies,
which will provide a smooth transition and allow retailers and point-of-sale system providers time to adapt to the
change.3

1 Federal reserve notes are United States dollar bills. See The Bureau of Engraving & Printing, Currency,

https://www.bep.gov/currency (last visited Feb. 11, 2026).
2 U.S. Department of the Treasury, Penny Production Cessation FAQs (December 23, 2025), available at

https://home.treasury.gov/news/featured-stories/penny-production-cessation-faqs (last visited Jan. 20, 2026).
3 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/CS/HB 951
Merchants may round transactions either up or down to the nearest five cents as pennies fall out of circulation.4
However many states require sales tax to be calculated on the final sale price rounded to the nearest penny, so
states and localities may need to amend their sales tax laws.5

Other countries, (e.g., Canada,6 the Bahamas,7 and several European Union countries8) have implemented rounding
policies that eliminate the use of the one-cent coin in cash transactions using the same basic tenets:
 Round cash purchases down to the nearest nickel for totals ending in 1, 2, 6 or 7; round up to the nearest
nickel for those ending in 3, 4, 8 or 9.
 Applies to only cash transactions.
 Occurs at the end of the transaction (after taxes are applied).
 Doesn’t change the price for those possessing exact change.

Some states have proposed legislation or acted through state agencies9:
 Proposed legislation in New York (Assembly Bill A9274 and companion Senate Bill S8580) would require
merchants to round final cash transactions based on the final cost of the item.
 Utah and Texas have provided guidelines on rounding.

The Florida Department of Revenue has published a Taxpayer Information Publication (TIP) advising retailers they
must calculate Florida sales tax and discretionary sales surtax (local sales tax) on the actual sales price prior to any
rounding10. The TIP also advises dealers to disclose their rounding methods for cash transactions prominently
within the business.

Sales Tax
Florida’s sales and use tax is a six percent levy on retail sales of a wide array of tangible personal property,
admissions, transient lodgings, and commercial real estate rentals,11 unless expressly exempted. Generally, the sales
tax is added to the price of a taxable good and collected by the dealer from the purchaser at the time of sale.
Sales tax represents the majority of Florida’s General Revenue (projected 73.9 percent for FY 2024-25)12 and is
administered by the Department of Revenue (DOR) under ch. 212, F.S. Sales tax revenue is distributed via a formula
found in s. 212.20, F.S., with roughly 89.6% going to the General Revenue Fund, 10.3% going to local
governments,13 and the remainder being distributed to specified trust funds or sports facilities.

For FY 2025-26, the Revenue Estimating Conference estimates that the sales tax collections under chapter 212, F.S.,
will result in more than $41 billion of total revenue, with distributions to the General Revenue Fund of roughly
$37.4 billion.14

4 Id.
5 Id.
6 Eliminating the Penny, available at https://www.budget.canada.ca/2012/themes/theme2-eng.pdf (last visited Jan. 26, 2026).
7 Elimination of the One Cent Coin, available at https://cdn.centralbankbahamas.com/download/075913500.pdf (last visited

Jan. 26, 2026).
8 Rounding Rules and Cash Inflation When We No Longer Make Sense, Federal Reserve Bank of Atlanta, available at

https://www.atlantafed.org/blogs/macroblog/2025/11/03/rounding-rules-and-cash-inflation-when-we-no-longer-make-
cents (last visited Jan. 26, 2026).
9 National Conference of State Legislatures, With Demise of the Penny, States Prepare for Change by Joe Livingston (December

11, 2025) available at https://www.ncsl.org/state-legislatures-news/details/with-demise-of-the-penny-states-prepare-for-
change (last visited Jan. 29, 2026).
10 https://floridarevenue.com/taxes/tips/Documents/TIP_25A01-18.pdf
11 Commercial real estate rentals are subject to a 2.0% sales tax pursuant to s. 212.031(1)(c), F.S.
12 The Office of Economic and Demographic Research, 2024 Florida Tax Handbook, p. 16 (last visited Jan. 26, 2026).
13 The local government distributions include the Local Government Half-Cent Sales Tax Clearing Trust Fund under s. 218.61,

F.S., county and municipal revenue sharing trust funds under s. 218.215, F.S., emergency distributions under s. 218.65, F.S.,
and a shift of a specified amount to counties that used to be funded from pari-mutuel revenues pursuant to s. 212.20(6)(d)6.a.,
F.S.
14 Revenue Estimating Conference on General Revenue, held January 23, 2026 (last visited Jan. 29, 2026).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/CS/HB 951

In 2021, Florida transitioned from the bracket system for calculating sales tax and discretionary sales surtax to a
rounding algorithm.15 Dealers are required to use a rounding algorithm that carries the tax computation to the
third decimal place and always rounds up to the nearest whole cent when the third decimal place is greater than
4.16 The DOR provides the following examples:17
 $5.045 rounds up to $5.05; and
 $3.213 rounds down to $3.21.

Dealers may compute the tax by applying the rounding algorithm to the combined taxable amount on an invoice or
to the individual taxable items on an invoice.18

Dealer
Section 212.06(2)(a), F.S., defines “dealer” as including every person, as used in ch. 212, F.S., who manufactures or
produces tangible personal property for sale at retail; for use, consumption, or distribution; or for storage to be
used or consumed in Florida. The term is further defined with specifics in s. 212.06, F.S.

Florida Deceptive and Unfair Trade Practices Act (FRUTPA)
Defined in Part II of Chapter 501, F.S., the FRUTPA is Florida’s main consumer-protection and fair-competition
statute designed to police the marketplace making it unlawful to engage in unfair methods of competition or
deceptive and unconscionable acts in the conduct of trade or commerce.

Section 501.212, F.S., provides circumstances in which the FRUTPA rules do not apply.

Secondary Metals Recyclers
Section 538.18(11), F.S., defines “secondary metals recycler” as a person who:
 Is engaged, from a fixed location, in the business of purchase transactions or gathering or obtaining ferrous
or nonferrous metals that have served their original economic purpose or is in the business of performing
the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material
products consisting of prepared grades and having an existing or potential economic value; or
 Has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are
converted into raw material products consisting of prepared grades and having an existing or potential
economic value, other than by the exclusive use of hand tools, by methods including, without limitation,
processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the
physical form or chemical content thereof.

15 See ch. 2021-2, Laws of Fla. See also the Florida Department of Revenue, Tax Information Publication (April 28, 2021),

available at https://floridarevenue.com/taxes/tips/Documents/TIP_21A01-02.pdf (last visited Jan. 20, 2026).
16 Id.
17 Id.
18 Id. See also s. 212.12(10)(b), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/CS/HB 951
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 18 Y, 0 N, As CS 2/2/2026 Aldridge Kurtz

THE CHANGES ADOPTED BY THE  Revised the bill to make rounding to the nearest nickel permissive
COMMITTEE: rather than required.
 Added rounding provision for secondary metals recyclers.
 Made non-substantive revisions to align bill language with Senate
companion.
Insurance & Banking 18 Y, 0 N, As CS 2/11/2026 Brackett Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE  Added a definition for “cash.”
COMMITTEE:  Clarified that the following payment methods do not constitute cash:
electronic funds transfers, checks, gift cards, money orders, credit
cards, or the non-cash portion of a mixed-tender transaction.
 Made non-substantive technical changes.
Commerce Committee Hamon Highsmith

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/CS/HB 951 2026

1 A bill to be entitled
2 An act relating to the one-cent piece; amending s.
3 212.12, F.S.; defining the term "cash"; authorizing
4 dealers to round to the nearest nickel in certain
5 circumstances; specifying the methodology for such
6 rounding; providing applicability and construction;
7 amending s. 501.212, F.S.; providing that rounding to
8 the nearest nickel is not a deceptive and unfair trade
9 practice in certain circumstances; amending s.
10 538.235, F.S.; requiring that certain cash payments be
11 made in the full amount due or rounded in a specified
12 manner in certain circumstances; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (c) is added to subsection (10) of
18 section 212.12, Florida Statutes, to read:
19 212.12 Dealer's credit for collecting tax; penalties for
20 noncompliance; powers of Department of Revenue in dealing with
21 delinquents; rounding; records required.—
22 (10)
23 (c)1. For purposes of this paragraph, the term "cash" has
24 the same meaning as defined in 12 U.S.C. s. 4001.
25 2. If the 1-cent piece is no longer in production, an in-

Page 1 of 3

CODING: Words stricken are deletions; words underlined are additions.
hb951-02-c2
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 951 2026

26 person cash transaction may be rounded to the nearest nickel
27 using the following methodology:
28 a. If the final digit of a cash transaction ends in 1 or 2
29 cents, it must be rounded down to zero.
30 b. If the final digit of a cash transaction ends in 3 or 4
31 cents, it must be rounded up to 5 cents.
32 c. If the final digit of a cash transaction ends in 6 or 7
33 cents, it must be rounded down to 5 cents.
34 d. If the final digit of a cash transaction ends in 8 or 9
35 cents, it must be rounded up to 10 cents.
36 e. Cash transactions ending in 0 or 5 cents are not
37 rounded.
38 3. Rounding to the nickel applies only to cash
39 transactions. Rounding to the nickel does not apply to any
40 transaction for which payment is made by a noncash method,
41 including electronic funds transfer; check; gift card; money
42 order; credit card; or mixed tender, except to the extent that
43 cash is dispersed to the purchaser.
44 4. Rounding to the nickel does not alter the sales price,
45 the amount of tax collected under this chapter, or any
46 surcharges, assessments, or fees imposed on the sale.
47 5. Rounding to the nickel may apply to the amount of the
48 transaction or to the amount of change tendered to the
49 purchaser.
50 6. Rounding to the nickel does not alter or affect the

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51 exact amounts authorized, cleared, or settled through any
52 noncash payment system or electronic transaction.
53 Section 2. Subsection (8) is added to section 501.212,
54 Florida Statutes, to read:
55 501.212 Application.—This part does not apply to:
56 (8) Rounding a consumer sale to the nickel if the 1-cent
57 piece is no longer in production.
58 Section 3. Subsections (2) and (3) of section 538.235,
59 Florida Statutes, are renumbered as subsections (3) and (4),
60 respectively, and a new subsection (2) is added to that section,
61 to read:
62 538.235 Method of payment.—
63 (2) Any cash payment made to a seller under this section
64 shall be made in the full amount due or rounded up to the
65 nearest nickel if the 1-cent piece is no longer in production.
66 Section 4. This act shall take effect upon becoming a law.

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CS/HB 989
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 989 COMPANION BILL: CS/SB 1562 (Trumbull)
TITLE: Motor Vehicle Manufacturers, Importers, and LINKED BILLS: None
Distributors and Franchised Motor Vehicle Dealers RELATED BILLS: None
SPONSOR(S): Yeager
Committee References
Industries & Professional Activities Commerce
16 Y, 1 N, As CS 

SUMMARY
Effect of the Bill:
The bill prohibits a licensed motor vehicle manufacturer, distributor, importer or factory branch (licensee) that
sells 1,000 or more vehicles of a particular line-make to motor vehicle dealers within the state during any 12-
month period from selling more than 33.33 percent of such vehicles to any single dealer or group of dealers with
common ownership or control. However, the bill exempts any licensee that had a franchised dealer in the state as of
January 1, 2026, or if they are not otherwise prohibited from owning or operating their own dealership.

The bill expands the grounds on which a licensee may prevent or reject the succession, transfer, assignment, or sale
of a motor vehicle dealership franchise to include when such action would result in the licensee selling more than
33.33 percent of its wholesale volume in the state to any single dealer or group of dealers with common ownership
or control.

Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on state or local government. The bill may have an indeterminate
impact on the private sector.

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ANALYSIS
EFFECT OF THE BILL:
The bill prohibits a licensed motor vehicle manufacturer, distributor, importer or factory branch (licensee) that
sells 1,000 or more vehicles of a particular line-make to motor vehicle dealers within the state during any 12-
month period from selling more than 33.33 percent of such vehicles to any single dealer or group of dealers with
common ownership or control. (Section 1)

The bill provides that a group of dealers is commonly owned or controlled when:
 One dealer owns or controls more than 30 percent of another dealer; or
 The same person or entity owns or controls more than 30% of each dealer. (Section 1)

However, the bill exempts any licensee that had a franchised dealer in the state as of January 1, 2026, or if they are
not otherwise prohibited from owning or operating their own dealership. (Section 1)

The bill expands the grounds on which a licensee may prevent or reject the succession, transfer, assignment, or
sale of a motor vehicle dealership franchise to include when such action would result in the licensee selling more
than 33.33 percent of its wholesale volume in the state to any single dealer or group of dealers with common
ownership or control, in violation of ch. 320, F.S. (Sections 1 and 2)

STORAGE NAME: h0989a.COM
DATE: 2/20/2026
1
CS/HB 989
The bill provides an effective date of July 1, 2026. (Section 3)

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive economic impact on franchised dealers in the state as it protects their current business
model.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Automobile Dealership Act
The Florida Automobile Dealership Act (Act)1 governs the licensure of, and contractual relationship between motor
vehicle manufacturers,2 distributors,3 and importers,4 and provides substantial protections for motor vehicle
dealers. The Division of Motor Vehicles (Division) within the Department of Highway Safety and Motor Vehicles
(DHSMV) administers and enforces the Act, which generally specifies:5
 Motor vehicle manufacturers, distributors, and importers (applicants or licensees) must be licensed under
the Act to engage in business in Florida, and the conditions under which the DHSMV may deny, suspend, or
revoke such licenses;
 The requirements for licensees wishing to discontinue, cancel, modify, or otherwise replace a franchise
agreement with a dealer, and the conditions under which the DHSMV may deny such a request;
 The procedures licensees must follow to add a franchised dealership in an area already served by a
franchised dealer, the protest process, and the DHSMV’s role in such circumstances;
 The damages assessable against a licensee who violates the Act; and
 The DHSMV’s authority to adopt rules to implement the Act.

Motor Vehicle Dealers
Under the Act, motor vehicle dealers6 are classified as either franchised dealers or independent dealers. A
franchised motor vehicle dealer is any person or business who engages in the business of repairing, servicing,
buying, selling, or dealing in motor vehicles pursuant to a franchise agreement. 7 An independent motor vehicle

1 Ch. 70-424, Laws of Fla., codified in ch. 320, F.S.
2 “Manufacturer” means any person, whether a resident or nonresident of this state, who manufactures or assembles motor

vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment which, when
installed, form an integral part of the motor vehicle and which constitute a major manufacturing alteration. The term includes
a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, it distributes its
products. S. 320.60(11), F.S.
3 “Distributor” means a person, resident or nonresident, who, in whole or in part, sells or distributes motor vehicles to motor

vehicle dealers or who maintains distributor representatives. S. 320.60(5), F.S.
4 “Importer” means any person who imports vehicles from a foreign country into the United States or into this state for the

purpose of sale or lease. S. 320.60(7), F.S.
5 S. 320.011, F.S.; ss. 320.60-320.70, F.S.
6 “Motor vehicle dealer” means any person, firm, company, corporation, or other entity, who holds a license pursuant to

s. 320.27, F.S., as a “franchised motor vehicle dealer” and, for commission, money, or other things of value, repairs or services
motor vehicles or used motor vehicles pursuant to a franchise agreement; sells, exchanges, buys, leases or rents, or offers, or
attempts to negotiate a sale or exchange of any interest in, motor vehicles; or is engaged wholly or in part in the business of
selling motor vehicles, whether or not such motor vehicles are owned by such person, firm, company, or corporation. Further,
any person who repairs or services three or more motor vehicles or used motor vehicles; buys, sells, or deals in three or more
motor vehicles in any 12-month period; or offers or displays for sale three or more motor vehicles in any 12-month period is
presumed to be a motor vehicle dealer, with exceptions. S. 320.60(13), F.S.
7 “Franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer

agreement or any other terminology used to describe the contractual relationship between a manufacturer, factory branch,
distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact
business pertaining to motor vehicles of a particular line-make. “Line-make vehicles” are those motor vehicles which are
offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer of
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dealer is any person or business other than a franchised or wholesale motor vehicle dealer8 who engages in the
business of buying, selling, or dealing in motor vehicles, and who may service and repair motor vehicles.9

Currently, a person or entity may not engage in business as a motor vehicle dealer without first obtaining a motor
vehicle dealer license. Generally, only dealers may advertise vehicles belonging to others, unless the sale arises
from a bona fide legal proceeding, court order, estate settlement, or operation of law. However, a vehicle owner
may advertise and sell vehicles titled in their own name without a license.10

Restrictions on Owning or Operating Dealerships
The Act prohibits licensees, manufacturers, distributors, agents of a manufacturer or distributor, or any parent,
subsidiary, common entity,11 officer, or representative of a licensee from owning or operating a dealership in
Florida for the sale or service of a line-make of motor vehicles that are already offered for sale under a franchise
agreement with a dealer in this state.12 However, if a manufacturer has no franchised dealers in the state for a line-
make, they may be allowed to sell directly to consumers.

Other instances in which a manufacturer or distributor may own or operate a dealership include when the
licensee:
 Operates a dealership temporarily, not to exceed one year, during the transition between owners.
 Temporarily operates a dealership to broaden diversity within its dealer body or provide opportunities to
qualified persons who lack the resources to purchase the dealership outright, in a bona fide relationship
with an independent person13 who has made a significant investment and is reasonable expected to acquire
full ownership.
 Operates a dealership when DHSMV, after a hearing, determines that no independent person is available in
the community or territory to own and operate the dealership in a manner consistent with the public
interest.

In all such cases, the dealership must be continually offered for sale to independent persons at a fair and
reasonable price, and approval of the sale of a proposed dealer may not be unreasonably withheld.14

same. However, motor vehicles sold or leased under multiple brand names or marks shall constitute a single line-make when
they are included in a single franchise agreement and every motor vehicle dealer in this state authorized to sell or lease any
such vehicles has been offered the right to sell or lease all of the multiple brand names or marks covered by the single
franchise agreement. S. 320.60(1) and (14), F.S.
8 “Wholesale motor vehicle dealer” means any person who engages exclusively in the business of buying, selling, or dealing in

motor vehicles at wholesale or with motor vehicle auctions. S. 320.27(c), F.S.
9 S. 320.27(c), F.S.
10 S. 320.27(2), F.S.
11 “Common entity” means a person or business who is directly or indirectly controlled by, or has more than 30 percent of its

equity interest directly or indirectly owned by, a manufacturer, importer, distributor, or licensee, or an affiliate thereof; or
who has more than 30 percent of its equity interest directly or indirectly controlled or owned by one or more persons who
also directly or indirectly control or own more than 30 percent of the equity interests of a manufacturer, an importer, a
distributor, or a licensee, or an affiliate thereof. S. 320.60(2)(a), F.S.
12 S. 320.645(1), F.S.
13 “Independent person” means a person who is not an agent; a parent; a subsidiary; a common entity; an officer; a director; or

an employed representative of a licensee, a manufacturer, an importer, or a distributor. S. 320.60(8), F.S.
14 S. 320.645(1), F.S.

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Manufacturer, Factory Branch, Distributor, and Importer Licenses
Under the Act, motor vehicle manufacturers, factory branches, distributors, and importers must be licensed before
engaging in business in the state. No motor vehicle may be sold, 15 leased, or offered for sale or lease in this state
unless the manufacturer, importer, or distributor of such motor vehicle is licensed under s. 320.61, F.S.16

Denying, Revoking, or Suspending a License
A motor vehicle manufacturer, distributor, or importer license may be denied, suspended, or revoked, for a specific
location or statewide, if there is sufficient evidence of repeated violations of ch. 320, F.S., demonstrating a pattern
of misconduct.17 Current law identifies a substantial, enumerated list of conduct in which licensees are prohibited
from engaging. Grounds for denying, suspending, or revoking a license generally arise from the licensee’s dealings
with its franchised motor vehicle dealers.18

Succession of a Motor Vehicle Dealership
Current law prohibits a licensee from preventing or refusing to accept the succession of a motor vehicle dealership
franchise to a dealer’s legal heir or devisee, notwithstanding the terms of any franchise agreement. A licensee may
reject a proposed successor only if:19
 The heir or devisee fails to meet the licensee’s written, reasonable, and uniformly applied minimum
qualifications for dealer applicants; or
 Following notice and an administrative hearing, the succession is shown to be detrimental to the public
interest or the licensee’s representation.

Termination, Cancellation, or Nonrenewal of a Franchise Agreement
Current law requires licensees to repurchase certain property from a dealer following the voluntary or involuntary
termination, cancellation or nonrenewal of a franchise agreement. Property subject to repurchase includes new
vehicles with limited mileage, new and resalable parts and accessories purchased directly from the licensee,
undamaged signs bearing the licensee’s trademark, and special tools, automotive service equipment, and data
processing equipment recommended or supplied by the licensee. 20 Specifically, the licensee must pay the dealer
the net cost paid by the dealer for each new car or truck in the dealer’s inventory with mileage of 2,000 miles or
less, or a motor cycle with mileage of 100 miles or less, not counting mileage placed on the vehicle before it was
delivered to the dealer.21 Licensees are also responsible for reasonable costs associated with transporting,
handling, packing, storing, and loading the property.

If the termination, cancellation or nonrenewal results from a plan, scheme, or corporate action intended to reduce
the number of franchised dealers, or from bankruptcy or cessation of a line-make, the licensee must additionally
compensate the dealer for the fair market value of the franchise, reflecting the goodwill of the dealership within its

15 “Sell” or “sold” includes accepting a deposit or receiving a payment for the retail purchase, lease, or other use of a motor

vehicle; accepting a reservation from a retail consumer for a specific motor vehicle identified by a vehicle identification
number or other product identifier; setting the retail price for the purchase, lease, or other use of a motor vehicle, but does not
include setting a manufacturer's suggested retail price; offering or negotiating with a retail consumer terms for the purchase,
lease, or other use of a motor vehicle; offering or negotiating with a retail consumer a value for a motor vehicle being traded in
as part of the purchase, lease, or other use of a motor vehicle, but does not include a website or other means of electronic
communication that identifies to a consumer a conditional trade-in value and that contains language informing the consumer
that the trade-in value is not binding on any motor vehicle dealer; any transaction where the title of a motor vehicle or a used
motor vehicle is transferred to a retail consumer; or any retail lease transaction where a retail consumer leases a vehicle for a
period of at least 12 months, but does not include administering lease agreements, taking assignments of leases, performing
required actions pursuant to such leases, or receiving payments under a lease agreement that was originated by a motor
vehicle dealer. S. 320.60(16), F.S.
16 S. 320.61, F.S.
17 S. 320.64, F.S.
18 Id.
19 S. 320.64(16), F.S.
20 S. 320.64(36), F.S.
21 S. 320.64(36)(a)1, F.S.

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community or territory. Compensation is generally due upon tender of the property, with clear procedures for
returning inventory and other items. Certain transactions, including the sale of the dealer’s assets or ownership
interests, are exempt from these repurchase requirements.

Transfer, Assignment, or Sale of Franchise Agreements
A motor vehicle dealer may sell, assign, transfer, or otherwise dispose of a franchise agreement to another person,
including a corporation established to hold the franchise. A licensee may only refuse or penalize such a transfer if:22
 The proposed transferee, or the transferee’s controlling executive management, is not of good moral
character; or
 The transferee does not meet the licensee’s written, reasonable, and uniformly applied qualifications
regarding financial capacity and business experience.

A dealer seeking to transfer a franchise must provide written notice to the licensee, including the transferee’s
name, address, financial qualifications, and recent business experience. Subsequently, the licensee has 60 days to
object in writing and specify the material reasons for rejecting the transferee. If the licensee does not respond
within 60 days, the transfer is considered approved.23 Further, any transfer is valid only if the transferee agrees in
writing to comply with all existing franchise requirements, with ownership changed to the transferee.24

Industry Background
Historically, Florida’s motor vehicle industry has been one of the largest in the country, driven by sustained
population growth, high vehicle demand, and a dense network of franchised dealerships across the state. In 2024,
Florida’s dealership network was credited with creating over 186,400 jobs and contributing over $115 billion to
the state economy.25 As of June 2025, Florida’s annual new motor vehicle sales ranked third overall in the United
States, totaling almost $60 million in sales in the first half of the year.26 Florida also had the third most motor
vehicle dealers in the nation, with 943 dealers.27

However, the motor vehicle retail market is increasingly dominated by large dealer groups. Ongoing consolidation
through mergers, acquisitions, and multi-brand ownership has concentrated market share among fewer corporate
entities, many of which operate countless dealerships across the state or nationwide. For example, AutoNation, one
of the largest motor vehicle retailers in the U.S., operates 51 of its 267 nationwide retail locations in Florida, where
it sells 31 different motor vehicles brands, including domestic, import, and premium luxury lines.28

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 429 - Motor Vehicle Yeager/ Leek The bill became effective July
Manufacturers and Franchised Motor Vehicle 1, 2025.
Dealers
2023 CS/CS/HB 637 - Motor Vehicle Dealers, Shoaf/ Avila The bill became effective July
Manufacturers, Importers, and Distributors 1, 2023.

22 S. 320.643(1)(a), F.S.
23 Id.
24 Id.
25 Florida Automobile Dealers Association, Driving Florida’s Economy, Annual Contribution of Florida’s New-Car Dealers,

available at https://www.flada.org/about-fada/economic-impact/ (last visited Jan. 31, 2026).
26 National Automobile Dealers Association, NADA Data 2025: Midyear Report, at 5, available at

https://www.nada.org/media/4694/download?inline (last visited Jan. 31, 2026).
27 Id. at 3.
28 See AutoNation, 2024 Annual Report, https://s21.q4cdn.com/504511082/files/doc_financials/2024/ar/AutoNation-2025-

Annual-Report.pdf (last visited Jan. 31, 2026).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 1 N, As CS 2/5/2026 Anstead Bunnell
Subcommittee
THE CHANGES ADOPTED BY THE  Prohibited a licensee that sells 1,000 or more vehicles during a 12
COMMITTEE: month period from selling more than 33.3% of such vehicles to any
dealer or dealers with common ownership or control.
 Revised the qualifications of “common ownership or control” for motor
vehicle dealers.
 Added an exemption for any line-make of motor vehicles for which
there is currently a licensed franchised dealer in the state.
 Expanded the grounds on which a licensee may prevent or reject the
succession, transfer, assignment, or sale of a motor vehicle dealership
franchise.
Commerce Committee Hamon Bunnell

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CS/HB 989 2026

1 A bill to be entitled
2 An act relating to motor vehicle manufacturers,
3 importers, and distributors and franchised motor
4 vehicle dealers; amending s. 320.64, F.S.; authorizing
5 a licensee to reject the ownership succession of a
6 motor vehicle dealer if such succession will cause
7 violation of certain provisions; clarifying what motor
8 vehicles a licensee must repurchase from a motor
9 vehicle dealer upon termination of a franchise
10 agreement; providing that a licensee who distributes
11 1,000 or more motor vehicles of a particular line-make
12 to motor vehicle dealers in this state during any 12-
13 month period must have established a network of at
14 least three independent motor vehicle dealers in this
15 state; providing applicability; amending s. 320.643,
16 F.S.; authorizing a licensee to reject a proposed
17 change in ownership if such change would cause
18 violation of certain provisions; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (16) and paragraph (a) of subsection
24 (36) of section 320.64, Florida Statutes, are amended, and
25 subsection (44) is added to that section, to read:

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26 320.64 Denial, suspension, or revocation of license;
27 grounds.—A license of a licensee under s. 320.61 may be denied,
28 suspended, or revoked within the entire state or at any specific
29 location or locations within the state at which the applicant or
30 licensee engages or proposes to engage in business, upon proof
31 that the section was violated with sufficient frequency to
32 establish a pattern of wrongdoing, and a licensee or applicant
33 shall be liable for claims and remedies provided in ss. 320.695
34 and 320.697 for any violation of any of the following
35 provisions. A licensee is prohibited from committing the
36 following acts:
37 (16)(a) Notwithstanding the terms of any franchise
38 agreement, the applicant or licensee prevents or refuses to
39 accept the succession to any interest in a franchise agreement
40 by any legal heir or devisee under the will of a motor vehicle
41 dealer or under the laws of descent and distribution of this
42 state; provided, the applicant or licensee is not required to
43 accept a succession:
44 1. When where such heir or devisee does not meet
45 licensee's written, reasonable, and uniformly applied minimal
46 standard qualifications for dealer applicants;
47 2. or Which, after notice and administrative hearing
48 pursuant to chapter 120, is demonstrated to be detrimental to
49 the public interest or to the representation of the applicant or
50 licensee; or

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51 3. When the direct result of such succession will cause
52 the applicant or licensee to be in violation of subsection (44).
53 (b) Nothing in this subsection contained herein, however,
54 shall prevent a motor vehicle dealer, during his or her
55 lifetime, from designating any person as his or her successor in
56 interest by written instrument filed with and accepted by the
57 applicant or licensee. A licensee who rejects the successor
58 transferee under this subsection shall have the burden of
59 establishing in any proceeding where such rejection is in issue
60 that the rejection of the successor transferee complies with
61 this subsection.
62 (36)(a) Notwithstanding the terms of any franchise
63 agreement, in addition to any other statutory or contractual
64 rights of recovery after the voluntary or involuntary
65 termination, cancellation, or nonrenewal of a franchise, failing
66 to pay the motor vehicle dealer, as provided in paragraph (d),
67 the following amounts:
68 1. The net cost paid by the dealer for each new motor
69 vehicle other than motorcycles car or truck in the dealer's
70 inventory with mileage of 2,000 miles or less, or each new a
71 motorcycle in the dealer's inventory with mileage of 100 miles
72 or less, exclusive of mileage placed on the motor vehicle before
73 it was delivered to the dealer.
74 2. The current price charged for each new, unused,
75 undamaged, or unsold part or accessory that:

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76 a. Is in the current parts catalog and is still in the
77 original, resalable merchandising package and in an unbroken
78 lot, except that sheet metal may be in a comparable substitute
79 for the original package; and
80 b. Was purchased by the dealer directly from the
81 manufacturer or distributor or from an outgoing authorized
82 dealer as a part of the dealer's initial inventory.
83 3. The fair market value of each undamaged sign owned by
84 the dealer which bears a trademark or trade name used or claimed
85 by the applicant or licensee or its representative which was
86 purchased from or at the request of the applicant or licensee or
87 its representative.
88 4. The fair market value of all special tools, data
89 processing equipment, and automotive service equipment owned by
90 the dealer which:
91 a. Were recommended in writing by the applicant or
92 licensee or its representative and designated as special tools
93 and equipment;
94 b. Were purchased from or at the request of the applicant
95 or licensee or its representative; and
96 c. Are in usable and good condition except for reasonable
97 wear and tear.
98 5. The cost of transporting, handling, packing, storing,
99 and loading any property subject to repurchase under this
100 section.

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101 (44)(a) The applicant or licensee has directly or
102 indirectly distributed 1,000 or more motor vehicles of a
103 particular line-make to motor vehicle dealers in this state
104 during any 12-month period and has directly or indirectly
105 distributed more than 33.33 percent of those same line-make
106 motor vehicles during that 12-month period to one motor vehicle
107 dealer or to multiple motor vehicle dealers that share common
108 ownership or control. For purposes of this subsection, a motor
109 vehicle dealer shares common ownership or control with another
110 motor vehicle dealer if:
111 1. It is directly or indirectly controlled by or has more
112 than 30 percent of its equity interest directly or indirectly
113 owned by another motor vehicle dealer; or
114 2. It has more than 30 percent of its equity interest
115 directly or indirectly controlled or owned by one or more
116 persons who also directly or indirectly control or own more than
117 30 percent of the equity interests of another motor vehicle
118 dealer.
119 (b) This subsection does not apply to any line-make of
120 motor vehicle for which there exists a licensed franchised
121 dealer in this state as of January 1, 2026, or to an applicant
122 or licensee who is not prohibited by s. 320.645 from owning or
123 operating a motor vehicle dealer.
124
125 A motor vehicle dealer who can demonstrate that a violation of,

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126 or failure to comply with, any of the preceding provisions by an
127 applicant or licensee will or may adversely and pecuniarily
128 affect the complaining dealer, shall be entitled to pursue all
129 of the remedies, procedures, and rights of recovery available
130 under ss. 320.695 and 320.697.
131 Section 2. Subsections (1) and (2) of section 320.643,
132 Florida Statutes, are amended to read:
133 320.643 Transfer, assignment, or sale of franchise
134 agreements.—
135 (1)(a) Notwithstanding the terms of any franchise
136 agreement, a licensee shall not, by contract or otherwise, fail
137 or refuse to give effect to, prevent, prohibit, or penalize or
138 attempt to refuse to give effect to, prohibit, or penalize any
139 motor vehicle dealer from selling, assigning, transferring,
140 alienating, or otherwise disposing of its franchise agreement to
141 any other person or persons, including a corporation established
142 or existing for the purpose of owning or holding a franchise
143 agreement, unless the licensee proves at a hearing pursuant to a
144 complaint filed by a motor vehicle dealer under this section
145 that the sale, transfer, alienation, or other disposition:
146 1. Is to a person who is not, or whose controlling
147 executive management is not, of good moral character;
148 2. Is to a person who or does not meet the written,
149 reasonable, and uniformly applied standards or qualifications of
150 the licensee relating to financial qualifications of the

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151 transferee and business experience of the transferee or the
152 transferee's executive management; or
153 3. Would directly cause the licensee to be in violation of
154 s. 320.64(44).
155 (b) A motor vehicle dealer who desires to sell, assign,
156 transfer, alienate, or otherwise dispose of a franchise shall
157 notify, or cause the proposed transferee to notify, the
158 licensee, in writing, setting forth the prospective transferee's
159 name, address, financial qualifications, and business experience
160 during the previous 5 years. A licensee who receives such notice
161 may, within 60 days following such receipt, notify the motor
162 vehicle dealer, in writing, that the proposed transferee is not
163 a person qualified to be a transferee under this section and
164 setting forth the material reasons for such rejection. Failure
165 of the licensee to notify the motor vehicle dealer within the
166 60-day period of such rejection shall be deemed an approval of
167 the transfer. No such transfer, assignment, or sale shall be
168 valid unless the transferee agrees in writing to comply with all
169 requirements of the franchise then in effect, but with the
170 ownership changed to the transferee.
171 (c)(b) A motor vehicle dealer whose proposed sale is
172 rejected may, within 60 days following such receipt of such
173 rejection, file with the department a complaint for a
174 determination that the proposed transferee has been rejected in
175 violation of this section. The licensee has the burden of proof

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CS/HB 989 2026

176 with respect to all issues raised by the complaint. The
177 department shall determine, and enter an order providing, that
178 the proposed transferee is either qualified or is not and cannot
179 be qualified for specified reasons, or the order may provide the
180 conditions under which a proposed transferee would be qualified.
181 If the licensee fails to file such a response to the motor
182 vehicle dealer's complaint within 30 days after receipt of the
183 complaint, unless the parties agree in writing to an extension,
184 or if the department, after a hearing, renders a decision other
185 than one disqualifying the proposed transferee, the franchise
186 agreement between the motor vehicle dealer and the licensee is
187 deemed amended to incorporate such transfer or amended in
188 accordance with the determination and order rendered, effective
189 upon compliance by the proposed transferee with any conditions
190 set forth in the determination or order.
191 (2)(a) Notwithstanding the terms of any franchise
192 agreement, a licensee shall not, by contract or otherwise, fail
193 or refuse to give effect to, prevent, prohibit, or penalize, or
194 attempt to refuse to give effect to, prevent, prohibit, or
195 penalize, any motor vehicle dealer or any proprietor, partner,
196 stockholder, owner, or other person who holds or otherwise owns
197 an interest therein from selling, assigning, transferring,
198 alienating, or otherwise disposing of, in whole or in part, the
199 equity interest of any of them in such motor vehicle dealer to
200 any other person or persons, including a corporation established

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201 or existing for the purpose of owning or holding the stock or
202 ownership interests of other entities, unless the licensee
203 proves at a hearing pursuant to a complaint filed by a motor
204 vehicle dealer under this section that the sale, transfer,
205 alienation, or other disposition:
206 1. Is to a person who is not, or whose controlling
207 executive management is not, of good moral character; or
208 2. Would directly cause the licensee to be in violation of
209 s. 320.64(44).
210 (b) A motor vehicle dealer, or any proprietor, partner,
211 stockholder, owner, or other person who holds or otherwise owns
212 an interest in the motor vehicle dealer, who desires to sell,
213 assign, transfer, alienate, or otherwise dispose of any interest
214 in such motor vehicle dealer shall notify, or cause the proposed
215 transferee to so notify, the licensee, in writing, of the
216 identity and address of the proposed transferee. A licensee who
217 receives such notice may, within 60 days following such receipt,
218 notify the motor vehicle dealer in writing that the proposed
219 transferee is not a person qualified to be a transferee under
220 this section and setting forth the material reasons for such
221 rejection. Failure of the licensee to notify the motor vehicle
222 dealer within the 60-day period of such rejection shall be
223 deemed an approval of the transfer. Any person whose proposed
224 sale of stock is rejected may file within 60 days after of
225 receipt of such rejection a complaint with the department

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226 alleging that the rejection was in violation of the law or the
227 franchise agreement. The licensee has the burden of proof with
228 respect to all issues raised by such complaint. The department
229 shall determine, and enter an order providing, that the proposed
230 transferee either is qualified or is not and cannot be qualified
231 for specified reasons; or the order may provide the conditions
232 under which a proposed transferee would be qualified. If the
233 licensee fails to file a response to the motor vehicle dealer's
234 complaint within 30 days after of receipt of the complaint,
235 unless the parties agree in writing to an extension, or if the
236 department, after a hearing, renders a decision on the complaint
237 other than one disqualifying the proposed transferee, the
238 transfer shall be deemed approved in accordance with the
239 determination and order rendered, effective upon compliance by
240 the proposed transferee with any conditions set forth in the
241 determination or order.
242 (c)(b) Notwithstanding paragraph (a), a licensee may not
243 reject a proposed transfer of a legal, equitable, or beneficial
244 interest in a motor vehicle dealer to a trust or other entity,
245 or to any beneficiary thereof, which is established by an owner
246 of any interest in a motor vehicle dealer for purposes of estate
247 planning, if the controlling person of the trust or entity, or
248 the beneficiary, is of good moral character.
249 Section 3. This act shall take effect July 1, 2026.

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COMMERCE COMMITTEE

CS/HB 989 by Rep. Yeager
Motor Vehicle Manufacturers, Importers, and Distributors and Franchised Motor
Vehicle Dealers

AMENDMENT SUMMARY
February 24, 2026

Amendment # 608133 by Rep. Yeager (lines 104-119):
• Provides that a licensed motor vehicle manufacturer, distributor, or importer that
distributes more than 1,000 motor vehicles in the state of Florida must comply
with an additional requirement.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 989 (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 Yeager offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 104-119 and insert:
6 during any 12-month period and has:
7 1. Directly or indirectly distributed more than 33.33
8 percent of those same line-make motor vehicles during that 12-
9 month period to one motor vehicle dealer or to multiple motor
10 vehicle dealers that share common ownership or control; or
11 2. If the applicant or licensee, or its common entity,
12 manufactures, distributes, or imports any other line-make of
13 motor vehicles which are offered for sale in this state under a
14 franchise agreement with an independent person, the applicant or
15 licensee has not offered to enter into a franchise agreement for
16 the particular line-make with no fewer than three of the
608133 - h0989-line104.docx
Published On: 2/23/2026 5:09:52 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 989 (2026)
Amendment No.

17 independent persons with a franchise agreement for at least one
18 such other line-make, or all such persons if there exists less
19 than three.
20 (b) For purposes of this subsection, a motor vehicle
21 dealer shares common ownership or control with another motor
22 vehicle dealer if:
23 1. It is directly or indirectly controlled by or has more
24 than 30 percent of its equity interest directly or indirectly
25 owned by another motor vehicle dealer; or
26 2. It has more than 30 percent of its equity interest
27 directly or indirectly controlled or owned by one or more
28 persons who also directly or indirectly control or own more than
29 30 percent of the equity interests of another motor vehicle
30 dealer.
31 (c) This subsection does not apply to any line-make of
32
33 -----------------------------------------------------
34 T I T L E A M E N D M E N T
35 Remove lines 10-15 and insert:
36 agreement; providing that a licensee who distributes
37 1,000 or more motor vehicles of a particular line-make
38 to motor vehicle dealers in this state during any 12-
39 month period must meet certain requirements; providing
40 applicability; amending s. 320.643

608133 - h0989-line104.docx
Published On: 2/23/2026 5:09:52 PM
Page 2 of 2
CS/HB 1039
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 1039 COMPANION BILL: CS/SB 1038 (Gruters)
TITLE: Establishment and Administration of a State LINKED BILLS: None
Cryptocurrency Reserve RELATED BILLS: None
SPONSOR(S): Snyder and Weinberger
Committee References
Insurance & Banking Commerce
18 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill establishes a state cryptocurrency reserve as a special fund assigned to the State Board of Administration.
The bill provides that the Executive Director of the State Board of Administration has custody of the reserve and is
responsible for its administration and management. The bill specifies the sources of reserve funds and creates
criteria that cryptocurrencies must meet to be eligible for the reserve. The bill creates requirements for custodians
and liquidity providers. The bill permits the Executive Director to transfer funds out of the reserve under limited
conditions. The bill creates an advisory committee and requires the Executive Director to publish and submit
biennial reports to the President of the Senate and the Speaker of the House of Representatives containing
information on assets in the reserve.

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

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Establishment of the Florida Strategic Cryptocurrency Reserve
The bill establishes a cryptocurrency1 reserve as a special fund assigned to the State Board of Administration
(“SBA”). (Section 1).

The bill provides that the Executive Director of the State Board of Administration (“Executive Director”) has
custody of and administers and manages the reserve. (Section 1).

The bill provides that the reserve will consist of:
 Money transferred or deposited to the credit of the reserve by legislative appropriation.
 Revenue that the Legislature dedicates for deposit to the credit of the reserve.
 Cryptocurrency purchased using money in or received by the reserve.
 Investment earnings and interest or rewards earned on assets in the reserve. (Section 1).

1 The bill defines cryptocurrency as virtual currency that is not issued by any central authority, is designed to function as a

medium of exchange, and uses encryption technology to regulate the generation of units of currency, to verify fund transfers,
and to prevent counterfeiting.
STORAGE NAME: h1039b.COM
DATE: 2/20/2026
1
CS/HB 1039
Legislative appropriation:
The bill provides that the Legislature may appropriate funds for deposit to the credit of the reserve for the
purposes of:
 Investing in cryptocurrency.
 Administering and managing the reserve. (Section 1).

Authority and responsibilities of the Executive Director
To administer and manager the reserve, the bill authorizes the Executive Director to acquire, exchange, sell,
supervise, manage, or retain any kind of investments as long as the Executive Director does so while exercising the
care, skill, and caution that a prudent investor exercising reasonable care would do. (Section 1).

While administering and managing the reserve, the bill requires the Executive Director to consider the purposes,
terms, distribution requirements, and other circumstances pertaining to the reserve as well as the investment of all
the assets of the reserve rather than a single investment. (Section 1).

The bill permits the Executive Director to use derivatives, if the Executive Director determines that doing so is in
the best interest of the reserve. (Section 1).

The bill authorizes the Executive Director to spend cryptocurrency in the reserve or use the net proceeds from the
sale of cryptocurrency in the reserve to pay the reasonable costs of administering and managing the reserve.
(Section 1).

Market capitalization
The bill requires cryptocurrency to have had an average market capitalization of at least $100 billion over the most
recent 12-month period to be eligible for the reserve.2 (Section 1).

Third-party contracts
The bill permits the Executive Director to contract with one or more of the following parties for the administration
or management of the reserve:
 A technology provider of a secure custody solution.
 A qualified custodian that uses a secure custody solution.
 A qualified liquidity provider to facilitate the purchase and sale of assets in the reserve. (Section 1).

The bill defines “secure custody solution” as a technological system that meets all of the following criteria:
 The cryptographic private keys3 are:
o Known only by and can only be accessed by the governmental entity4 or the qualified custodian.
o Kept in an encrypted environment and can be accessed only through fully encrypted channels.
o Never stored on or accessible through a smartphone.
 The hardware containing the cryptographic private keys is kept in a secure data center.5
 Transactions require authorization under a multiparty governance structure.

2 As of February 2026, Bitcoin (BTC), Ethereum (ETH), and Tether (USDT) are the only cryptocurrencies that would satisfy the

market cap requirement, with market caps of approximately $1.3 trillion, $235 billion, and $183 billion, respectively.
https://www.forbes.com/digital-assets/crypto-prices/ (last visited Feb. 12, 2026).
3 The bill defines “private key” as a unique element of cryptographic data used for signing transactions on blockchain, known

only to the owner. The bill defines “blockchain” as a mathematically secured, chronological, decentralized, distributed, and
digital ledger or database that consists of records of transactions that cannot be altered retroactively.
4 The bill defines “governmental entity” to have the same meaning as in s. 215.986, F.S. which provides that it means “a state,

regional, county, municipal, special district, or other political subdivision, whether executive, judicial, or legislative, including,
but not limited to, a department, a division, a board, a bureau, a commission, an authority, a district, or an agency thereof, or a
public school, a Florida College System institution, a state university, or an associated board.”
5 The bill provides that a “secure data center” means a physical facility that maintains third-party certifications, utilizes

certified cryptographic hardware, enforces physical and environmental security, and ensures logical isolation.
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CS/HB 1039
 User access control is enforced and all actions taken by users are logged. A smartphone may be used, but
only to authenticate authorized users of the secure custody solution.
 The provider of the technological system has implemented a disaster recovery protocol ensuring state
access to assets if the provider becomes unavailable.
 The technological system is routinely reviewed through code audits and penetration testing, and any
security issues are promptly addressed. (Section 1).

The bill defines “qualified custodian” as a state or federally chartered financial institution or other entity regulated
by this state which is authorized to have custody of virtual currencies on behalf of its clients. (Section 1).

The bill defines “qualified liquidity provider” as an entity meeting all of the following requirements:
 Is licensed or regulated under applicable federal or state law.
 Maintains audited financial statements prepared by a regulated auditor.
 Has at least 5 years of experience trading in the digital assets industry.
 Maintains an office and has a registered principal in this state.
 Is certified by the SBA that they meet the above requirements. (Section 1).

The bill permits the Executive Director to contract with a certified public accountant to perform an independent
audit of the reserve. (Section 1).

State Treasury
The bill authorizes money in the reserve to be invested with the State Treasury. The bill provides that the
Executive Director may only transfer money in the reserve to the State Treasury when authorized by the
Legislature in the General Appropriations Act or other law. (Section 1).

Florida Strategic Cryptocurrency Reserve Advisory Committee
The bill establishes the Florida Strategic Reserve Advisory Committee to advise the Executive Director regarding
the administration and management of the reserve, including:
 Recommendations for valuing assets in the reserve.
 The establishment of prudent investment policies relating to the investment objectives of and asset
allocation in the reserve.
 Recommendations for the establishment of prudent custody and security policies for the reserve. (Section
1).

The advisory committee is composed of the following five members:
 The Executive Director, who serves as the chair.
 Four members appointed by the SBA and confirmed by the Senate as follows:
o Three members with expertise in cryptocurrency investments.
o One member with expertise in digital asset security. (Section 1).

Members of the committee are not entitled to receive compensation for service on the committee, but may be
reimbursed for per diem and travel expenses.6 (Section 1).

Appointed members serve for 4-year terms. A vacancy must be filled for remainder of the unexpired term and in
the same manner as the original appointment. (Section 1).

6 S. 112.061, F.S.

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CS/HB 1039
Biennial report
The bill requires the Executive Director to publish and submit to the President of the Senate and the Speaker of the
House of Representatives a report that includes:
 The amount of cryptocurrency held in the reserve on the last day of the preceding fiscal year biennium.
 An estimate of the monetary value of the cryptocurrency held in the reserve on the last day of the
preceding fiscal year biennium.
 Any changes in the amount and estimated monetary value of cryptocurrency in the reserve during the
period the cryptocurrency has been held in the reserve, separated by the type of cryptocurrency.
 A description of the actions taken by the Executive Director to administer and manage the reserve during
the preceding fiscal year biennium. (Section 1).

The Executive Director must publish and submit this report no later than December 31 of each even-numbered
calendar year. (Section 1).

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

RULEMAKING:
The bill requires the SBA to adopt rules as necessary to administer the Florida Strategic Cryptocurrency Reserve.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on the state government, to the extent the reserve yields returns
on investments and to the extent that the state government incurs costs to administer and manage the reserve.

PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector, to the extent that the reserve yields returns
on investments.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Board of Administration
The State Board of Administration (“SBA”) was created by the Florida Constitution as Florida's principal
independent investment management organization.7 The SBA is primarily responsible for investing the proceeds of
the Florida Retirement System Pension Plan, administering the Florida Retirement System Investment Plan,
managing the Florida Hurricane Catastrophe Fund, running Florida PRIME, and investing the proceeds of more
than 25 other funds directed to the SBA by the Florida Legislature.8

The Governor, Chief Financial Officer, and Attorney General serve as the SBA’s Board of Trustees (“Trustees”), and
delegate operational authority to an executive director.9 Additionally, there is a nine-member investment advisory

7 Art. IV, s. 4(e) Fla. Const. (1968); State Board of Administration, About the SBA, https://www.sbafla.com/about-the-sba/ (last

visited Feb. 11, 2026).
8 State Board of Administration, About the SBA, https://www.sbafla.com/about-the-sba/ (last visited Feb. 11, 2026).
9 S. 215.44, F.S., S. 215.441, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 1039
council that reviews investments and makes recommendations to the SBA regarding investment policy, strategy,
and procedures.10

Qualified public depositories
Unless a specific exemption applies, state and local governments must deposit public funds in a bank or savings
association that has been designated by the Chief Financial Officer (“CFO”)11 as a Qualified Public Depository
(“QPD”) under the Florida Security for Public Deposits Act.12

To be designated as a QPD by the CFO, a bank, savings bank, or savings association must:
 Have authority to accept deposits because it has been chartered and regulated by the state or federal
government;
 Have its principal place of business in Florida, or a branch office in Florida;
 Have deposit insurance pursuant to the Federal Deposit Insurance Act13 or the National Credit Union Share
Insurance Fund14;
 Have procedures and practices for accurate identification, classification, reporting, and collateralization of
public deposits;
 Make determinations about the provision of services or the denial of services based on an analysis of risk
factors unique to each customer;
 Not engage in the unsafe and unsound practice of denying, canceling, suspending, or terminating its
services to a person on specified grounds; and
 Meet any other requirements of the Florida Security for Public Deposits Act.15

QPDs must secure public deposits with a pledge of eligible collateral, to protect the deposit against losses that
could occur in the event of insolvency or default.16 The amount of collateral required is based on statutory
guidelines and the QPD’s overall financial condition.17

Public deposits include, but are not limited to, time deposit accounts, demand deposit accounts, and nonnegotiable
certificates of deposits; they do not include moneys in deposit notes, securities, mutual funds, and similar
investments.18

Cryptocurrency
Virtual currency, or cryptocurrency, is a digital representation of value that functions as a medium of exchange but
lacks legal tender status.19 In some environments, virtual currency operates like “real” currency20 (i.e., the coin and

10 S. 215.444, F.S.
11 The Chief Financial Officer (“CFO”) serves as the chief fiscal officer of the state, responsible for settling and approving all

accounts against the state and keeping all state funds and securities. Section 4(c), Art. IV, Florida Constitution; S. 17.001, F.S.
12 Ss. 280.01, F.S. and 280.03(1)(b), F.S. Certain public deposits, including those that are fully collateralized under other laws

and moneys contributions to the state retirement system that are held in the System Trust Fund, are exempt pursuant to s.
280.03(3), F.S.
13 12 U.S.C. ss. 1811 et. seq.
14 12 U.S.C. ss. 1783 et. seq.
15 Ch. 280, F.S.
16 Ss. 280.04 and 280.041(6), F.S.
17 S. 280.04, F.S., and Rule 69C-2.024, F.A.C.
18 S. 280.02(23), F.S.
19 S. 560.103(36), F.S.
20 Often referred to as “fiat” currency.

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5
CS/HB 1039
paper money of the United States or of any other country that is designated as legal tender, circulates, and is
customarily used and accepted as a medium of exchange in the country of issuance).21

Virtual currency that has an equivalent value in real currency, or that acts as a substitute for real currency, is
referred to as “convertible” virtual currency. 22 Bitcoin is one example of a convertible virtual currency, as it can be
digitally traded between users and can be purchased for, or exchanged into, U.S. dollars, Euros, and other real or
virtual currencies.23

Virtual currencies generally operate on networks of computers (nodes) that enable, validate, and record
transactions on a distributed digital ledger (blockchain).24 To transfer an asset on a blockchain, the transferor uses
an alphanumeric code known only to the transferor (a private key) to create a request that the network software
validate a new ledger entry, which assigns control of the asset to the recipient.25 Once the network has validated
this transfer, the ledger is updated and the recipient may transfer the asset to another recipient using their own
private key.26 Ledger entries are cryptographically secured, and accounts on a blockchain are identified by
alphanumeric ‘‘public keys’’ rather than by personal names.27 Virtual currency wallets are interfaces that store and
transfer virtual currency.28

Federal law
On March 6, 2025, President Trump signed an executive order (“Executive Order”) that established a Strategic
Bitcoin Reserve which is capitalized with all Bitcoin held by the Department of Treasury that was finally forfeited
as part of criminal or civil asset forfeiture proceedings or in satisfaction of any civil money penalty imposed by any
executive department or agency and is not needed for other specified reasons. The Strategic Bitcoin Reserve
consists of approximately 207,189 Bitcoin with an estimated value of $13.7 billion.29

The Executive Order also established an office known as the “United States Digital Asset Stockpile” (“Stockpile”) to
administer and maintain control of custodial accounts that are capitalized with all digital assets owned by the
Department of Treasury, other than Bitcoin that were finally forfeited as part of criminal or civil asset forfeiture
proceedings and that are not needed to satisfy certain requirements.30 The Stockpile consists of cryptocurrencies
(such as Ethereum or Solana), stablecoin, non-fungible tokens, and potentially other tokenized assets.31

State reserves
Florida does not currently have a virtual currency or cryptocurrency reserve. Texas32, New Hampshire33, and
Arizona34 have adopted laws creating a reserve for Bitcoin or digital assets, or both. Several states have pending

21 IRS, Digital assets, https://www.irs.gov/filing/digital-assets (last visited Feb. 5, 2026).
22 Id.
23 Id.
24 Office of the Federal Register, National Archives and Records Administration, Requirements for Certain Transactions

Involving Convertible Virtual Currency or Digital Assets, GovInfo, (Dec. 23, 2020), https://www.govinfo.gov/app/details/FR-
2020-12-23/2020-28437/summary (last visited Feb. 5, 2026).
25 Id.
26 Id.
27 Id.
28 FinCEN, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies, (May 9,

2019), https://www.fincen.gov/system/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf (last visited Feb.
5, 2026).
29 BiTBO, USA Bitcoin Reserve Tracker, available at: US Bitcoin Reserve (last visited Feb. 5, 2026).
30 Authenticated U.S. Government Information GPO, Executive Order 14233-Establishment of the Strategic Bitcoin Reserve and

United States Digital Asset Stockpile, March 6, 2025, available at: DCPD-202500335.pdf (last visited Feb. 5, 2026).
31 DigitalFinanceNews.com, Managing the U.S. Digital Asset Stockpile: Operational Complexities, Accounting Challenges, and

Regulatory Implications, July 1, 2025, available at: Managing the U.S. Digital Asset Stockpile: Operational Complexities,
Accounting Challenges, and Regulatory Implications – Digital Finance News (last visited Jan. 18, 2026).
32 Tex. Gov’t Code Ann ss. 403.701-403.709 (Subchapter V) (2025) (establishing Texas Strategic Bitcoin Reserve).
33 N.H. Rev. Stat. Ann. (RSA) s. 6:8-d (2025) (establishing the Strategic Reserve).
34 Ariz. Rev. Stat. Ann. s. 41-180 (2025) (establishing Bitcoin and Digital Assets Reserve Fund).

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6
CS/HB 1039
legislation creating a digital asset or cryptocurrency reserve or authorizing public funds to be invested in such
assets.35
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 18 Y, 0 N, As CS 2/11/2026 Brackett Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE  Changed the administrator of the reserve from the Chief Financial
COMMITTEE: Officer to the Executive Director of the SBA.
 Established the cryptocurrency reserve as a fund assigned to the SBA.
 Removed a provision that would have authorized the Chief Financial
Officer to temporarily transfer funds from the reserve to the State
Treasury for purposes of funding Florida’s National Guard during
emergencies because existing law does not authorize the State Board of
Administration to make such transfers.
 Modified the definition for “secure custody solution.”
 Modified the definition for “cryptocurrency.”
 Added definitions for “blockchain,” “distributed ledger,” “governmental
entity,” and “secure data center.”
 Changed the market capitalization requirement from $500 billion in the
most recent 24-months to $100 billion in the most recent 12-months.
Commerce Committee Hamon Highsmith

35 See AZ S.B. 1042 (2026), IL H.B. 1844 (2025-2026), MD H.B. 51 (2026), MI H.B. 4087 (2025-2026), OH H.B. 18 (136th GA), OH

S.B. 57 (136th GA), PA H.B. 2664 (2025), TN H.B. 1695 (2026), WV S.B. 143 (2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 1039 2026

1 A bill to be entitled
2 An act relating to the establishment and
3 administration of a state cryptocurrency reserve;
4 creating s. 215.987, F.S.; providing definitions;
5 establishing the Florida Strategic Cryptocurrency
6 Reserve as a special fund assigned to the State Board
7 of Administration; providing for the custody,
8 administration, and management of the reserve;
9 providing sources of the reserve; authorizing the
10 Legislature to appropriate funds for deposit to the
11 credit of the reserve for specified purposes;
12 authorizing the executive director of the board to pay
13 certain costs using the cryptocurrency in the reserve
14 or the net proceed from the sale of cryptocurrency in
15 the reserve; providing for investment of money in the
16 reserve; authorizing transfer of the reserve money to
17 the State Treasury under certain circumstances;
18 providing requirements for cryptocurrency to be
19 purchased for the reserve; authorizing contracts with
20 third parties for the administration or management of
21 the reserve; authorizing the executive director to use
22 derivatives under certain circumstances; authorizing
23 contracts with certified public accountants for
24 independent audits; establishing the Florida Strategic
25 Cryptocurrency Reserve Advisory Committee within the

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26 board; providing for committee membership; providing
27 duties and terms of committee members; providing
28 reporting requirements; requiring the board to adopt
29 rules; providing an effective date.
30
31 WHEREAS, cryptocurrencies are assets with strategic
32 potential for enhancing this state's financial resilience and
33 positioning this state for the future digital economy, and
34 WHEREAS, cryptocurrencies can serve as a hedge against
35 inflation and economic volatility, and
36 WHEREAS, the establishment of a cryptocurrency reserve
37 serves the public purpose of providing enhanced financial
38 security to residents of this state, NOW, THEREFORE,
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 215.987, Florida Statutes, is created
43 to read:
44 215.987 State cryptocurrency reserve.—
45 (1) DEFINITIONS.—As used in this section, the term:
46 (a) "Airdrop" means a gratuitous distribution of
47 cryptocurrency to users of a blockchain or protocol, generally
48 made in a broad, equitable, and nondiscretionary manner.
49 (b) "Blockchain" means a mathematically secured,
50 chronological, decentralized, distributed, and digital ledger or

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51 database that consists of records of transactions that cannot be
52 altered retroactively.
53 (c) "Committee" means the Florida Strategic Cryptocurrency
54 Reserve Advisory Committee established in this section.
55 (d) "Cryptocurrency" means a virtual currency that is not
56 issued by any central authority, is designed to function as a
57 medium of exchange, and uses encryption technology to regulate
58 the generation of units of currency, to verify fund transfers,
59 and to prevent counterfeiting.
60 (e) "Distributed ledger" means technology in which data is
61 shared across a network that creates a public digital ledger of
62 verified transactions or information among network participants
63 and cryptography is used to link the data to maintain the
64 integrity of the public ledger and execute other functions.
65 (f) "Fork" means a change to the protocol of a distributed
66 ledger system which creates a separate ledger, which may result
67 in a new cryptocurrency that shares a common transaction history
68 with the previous cryptocurrency up to the point of change.
69 (g) "Governmental entity" has the same meaning as in s.
70 215.986(1).
71 (h) "Private key" means a unique element of cryptographic
72 data used for signing transactions on blockchain, known only to
73 the owner.
74 (i) "Qualified custodian" means a state or federally
75 chartered financial institution or other entity regulated by

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76 this state which is authorized to have custody of virtual
77 currencies on behalf of its clients.
78 (j) "Qualified liquidity provider" means an entity that
79 meets all of the following requirements:
80 1. Is licensed or regulated under applicable federal or
81 state law.
82 2. Maintains audited financial statements prepared by a
83 regulated auditor.
84 3. Has at least 5 years of experience trading in the
85 digital assets industry.
86 4. Maintains an office and has registered principal in
87 this state.
88 5. Has certified in a manner prescribed by the State Board
89 of Administration that the provider meets the requirements of
90 subparagraphs 1.-4.
91 (k) "Reserve" means the Florida Strategic Cryptocurrency
92 Reserve established in this section.
93 (l) "Secure custody solution" means a technological
94 product or blended product and service meeting all of the
95 following criteria:
96 1. The cryptographic private keys are:
97 a. Exclusively known by and accessible to the governmental
98 entity or the qualified custodian.
99 b. Contained within an encrypted, hardware-secured
100 environment and used only to sign and authorize cryptocurrency

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101 transactions through end-to-end encrypted channels.
102 c. Never stored on or accessible through a smartphone.
103 2. The hardware containing the cryptographic private keys
104 is maintained in a secure data center. As used in this
105 subparagraph, the term "secure data center" means a physical
106 facility that maintains third-party certifications, uses
107 certified cryptographic hardware, enforces physical and
108 environmental security, and ensures logical isolation.
109 3. A multiparty governance structure for authorizing
110 transactions is implemented, user access control is enforced,
111 and all user-initiated actions are logged. A smartphone may be
112 used, but only to authenticate authorized users of the secure
113 custody solution, including through biometric authentication.
114 4. The provider of the technological product or blended
115 product and service has implemented a disaster recovery protocol
116 ensuring state access to assets if the provider becomes
117 unavailable.
118 5. The technological product or blended product and
119 service undergoes regular code audits and penetration testing,
120 with identified vulnerabilities promptly addressed.
121 (2) ESTABLISHMENT; ADMINISTRATION.—
122 (a) The Florida Strategic Cryptocurrency Reserve is
123 established as a special fund assigned to the State Board of
124 Administration. The executive director of the board has custody
125 of and shall administer and manage the reserve. The reserve

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126 consists of:
127 1. Money transferred or deposited to the credit of the
128 reserve by legislative appropriation.
129 2. Revenue that the Legislature by general law dedicates
130 for deposit to the credit of the reserve.
131 3. Cryptocurrency purchased using money in or received by
132 the reserve, including any cryptocurrency:
133 a. Derived from the fork of a distributed ledger; or
134 b. Distributed pursuant to an airdrop to this state's
135 cryptocurrency addresses.
136 4. Investment earnings and interest or rewards earned on
137 assets in the reserve.
138 (b) To administer and manage the reserve, the executive
139 director may acquire, exchange, sell, supervise, manage, or
140 retain any kind of investments that a prudent investor
141 exercising reasonable care, skill, and caution would acquire,
142 exchange, sell, supervise, manage, or retain in light of the
143 purposes, terms, distribution requirements, and other
144 circumstances then prevailing for the reserve, taking into
145 consideration the investment of all the assets of the reserve
146 rather than a single investment.
147 (c) The Legislature may appropriate funds for deposit to
148 the credit of the reserve for the purposes of:
149 1. Investing in cryptocurrency.
150 2. Administering and managing the reserve.

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151 (d) The executive director may spend cryptocurrency in the
152 reserve or use the net proceed from the sale of cryptocurrency
153 in the reserve to pay the reasonable costs associated with
154 administering and managing the reserve.
155 (e) Money in the reserve may be invested with the State
156 Treasury pool.
157 (f) The executive director may transfer money in the
158 reserve to the State Treasury only when authorized by the
159 Legislature in the General Appropriations Act or other law.
160 (3) MARKET CAPITALIZATION REQUIREMENT.—To be eligible to
161 be purchased for the reserve, a cryptocurrency must have an
162 average market capitalization of at least $100 billion over the
163 most recent 12-month period.
164 (4) THIRD-PARTY CONTRACTS AND PERMISSIBLE TRANSACTIONS;
165 AUDITS.—
166 (a) The executive director may contract with one or more
167 third-party entities for the administration or management of the
168 reserve, including:
169 1. A technology provider of a secure custody solution.
170 2. A qualified custodian that uses a secure custody
171 solution.
172 3. A qualified liquidity provider to facilitate the
173 purchase and sale of assets in the reserve.
174 (b) If the executive director determines it is in the best
175 interest of the reserve, the executive director may use

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176 derivatives.
177 (c) The executive director may contract with a certified
178 public accountant to perform an independent audit of the
179 reserve.
180 (5) FLORIDA STRATEGIC CRYPTOCURRENCY RESERVE ADVISORY
181 COMMITTEE.—
182 (a) There is established the Florida Strategic
183 Cryptocurrency Reserve Advisory Committee within the State Board
184 of Administration.
185 (b) The committee shall be composed of the following five
186 members:
187 1. The executive director, who shall serve as the chair.
188 2. Four members appointed by the board as a resource to
189 the Board of Trustees of the State Board of Administration,
190 subject to confirmation by the Senate, as follows:
191 a. Three members with expertise in cryptocurrency
192 investments.
193 b. One member with expertise in digital asset security.
194 (c) The committee shall advise the executive director
195 regarding the administration and management of the reserve,
196 including:
197 1. Recommendations for valuing assets in the reserve.
198 2. The establishment of prudent investment policies
199 relating to the investment objectives of and asset allocation in
200 the reserve.

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201 3. Recommendations for the establishment of prudent
202 custody and security policies for the reserve.
203 (d) A member of the committee is not entitled to receive
204 compensation for service on the committee.
205 (e) Appointed members shall serve for 4-year terms. A
206 vacancy shall be filled for the remainder of the unexpired term
207 in the same manner as the original appointment.
208 (6) BIENNIAL REPORT.—
209 (a) No later than December 31 of each even-numbered
210 calendar year, the executive director shall publish and submit
211 to the President of the Senate and the Speaker of the House of
212 Representatives a report that includes:
213 1. The amount of cryptocurrency held in the reserve on the
214 last day of the preceding fiscal year biennium.
215 2. An estimate of the monetary value of the cryptocurrency
216 held in the reserve on the last day of the preceding fiscal year
217 biennium.
218 3. Any changes in the amount and estimated monetary value
219 of cryptocurrency in the reserve during the period the
220 cryptocurrency has been held in the reserve, disaggregated by
221 the cryptocurrency type.
222 4. A description of the actions taken by the executive
223 director to administer and manage the reserve during the
224 preceding fiscal year biennium.
225 (7) RULEMAKING.—The State Board of Administration shall

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226 adopt rules as necessary to administer the Florida Strategic
227 Cryptocurrency Reserve.
228 Section 2. This act shall take effect July 1, 2026.

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COMMERCE COMMITTEE

CS/HB 1039 by Rep. Snyder
Establishment and Administration of a State Cryptocurrency Reserve

AMENDMENT SUMMARY
February 24, 2026

Amendment #635237 by Rep. Snyder (strike-all):
• Clarifies that the reserve shall be a fund assigned to the State Board of
Administration.
• Provides an objective for the reserve, which is capital preservation and growth
that aligns with broad market exposure to investments authorized by the bill.
• Clarifies that the State Board of Administration, rather than its executive director,
is responsible for administering and managing the reserve.
• Clarifies that the State Board of Administration may dispose of any
cryptocurrency that is not compliant with federal or state law.
• Specifies that the bill does not create a private cause of action.
• Clarifies that the State Board of Administration must include specified information
about the reserve in its annual report.
• Changes the effective date to January 1, 2027.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1039 (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 Snyder offered the following:
3 Amendment (with title amendment)
4 Remove everything after the enacting clause and insert:
5 Section 1. Section 215.987, Florida Statutes, is created
6 to read:
7 215.987 State cryptocurrency reserve fund.—
8 (1) DEFINITIONS.—As used in this section, the term:
9 (a) "Airdrop" means a gratuitous distribution of
10 cryptocurrency to users of a blockchain or protocol, generally
11 made in a broad, equitable, and nondiscretionary manner.
12 (b) “Board” means the State Board of Administration.
13 (c) "Blockchain" means a mathematically secured,
14 chronological, decentralized, distributed, and digital ledger or
15 database that consists of records of transactions that cannot be
16 altered retroactively.
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Bill No. CS/HB 1039 (2026)
Amendment No.

17 (d) "Committee" means the Florida Strategic Cryptocurrency
18 Reserve Fund Advisory Committee established in this section.
19 (e) "Cryptocurrency" means a virtual currency that is not
20 issued by any central authority, is designed to function as a
21 medium of exchange, and uses encryption technology to regulate
22 the generation of units of currency, to verify fund transfers,
23 and to prevent counterfeiting.
24 (f) "Distributed ledger" means technology in which data is
25 shared across a network that creates a public digital ledger of
26 verified transactions or information among network participants
27 and cryptography is used to link the data to maintain the
28 integrity of the public ledger and execute other functions.
29 (g) "Fork" means a change to the protocol of a distributed
30 ledger system which creates a separate ledger, which may result
31 in a new cryptocurrency that shares a common transaction history
32 with the previous cryptocurrency up to the point of change.
33 (h) "Governmental entity" has the same meaning as in s.
34 215.986(1).
35 (i) "Private key" means a unique element of cryptographic
36 data used for signing transactions on blockchain.
37 (j) "Qualified custodian" means a state or federally
38 chartered financial institution or other entity regulated by
39 this state which is authorized to have custody of virtual
40 currencies on behalf of its clients.

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Amendment No.

41 (k) "Qualified liquidity provider" means an entity that
42 meets all of the following requirements:
43 1. Is licensed or regulated under applicable federal or
44 state law.
45 2. Maintains audited financial statements prepared by a
46 regulated auditor.
47 3. Has at least 5 years of experience trading in the
48 digital assets industry.
49 4. Maintains an office and has registered principal in
50 this state.
51 5. Has certified in a manner prescribed by the State Board
52 of Administration that the provider meets the requirements of
53 subparagraphs 1.-4.
54 (l) "Reserve" means the Florida Strategic Cryptocurrency
55 Reserve Fund established in this section.
56 (m) "Secure custody solution" means a technological
57 product or blended product and service meeting all of the
58 following criteria:
59 1. The cryptographic private keys are:
60 a. Exclusively known by and accessible to the governmental
61 entity or the qualified custodian.
62 b. Contained within an encrypted, hardware-secured
63 environment and used only to sign and authorize cryptocurrency
64 transactions through end-to-end encrypted channels.
65 c. Never stored on or accessible through a smartphone.
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Amendment No.

66 2. The hardware containing the cryptographic private keys
67 is maintained in a secure data center. As used in this
68 subparagraph, the term "secure data center" means a physical
69 facility that maintains third-party certifications, uses
70 certified cryptographic hardware, enforces physical and
71 environmental security, and ensures logical isolation.
72 3. A multiparty governance structure for authorizing
73 transactions is implemented, user access control is enforced,
74 and all user-initiated actions are logged. A smartphone may be
75 used, but only to authenticate authorized users of the secure
76 custody solution, including through biometric authentication.
77 4. The provider of the technological product or blended
78 product and service has implemented a disaster recovery protocol
79 ensuring state access to assets if the provider becomes
80 unavailable.
81 5. The technological product or blended product and
82 service undergoes regular code audits and penetration testing,
83 with identified vulnerabilities promptly addressed.
84 (2) ESTABLISHMENT; ADMINISTRATION.—
85 (a) The Florida Strategic Cryptocurrency Reserve Fund is
86 established as a special fund assigned to the State Board of
87 Administration. The objective of the Reserve is to grow the
88 Reserve as large as possible to ensure the long term financial
89 sovereignty of the state. The board has custody of and shall
90 administer and manage the reserve. The reserve consists of:
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Amendment No.

91 1. Money transferred or deposited to the credit of the
92 reserve by legislative appropriation.
93 2. Revenue that the Legislature by general law dedicates
94 for deposit to the credit of the reserve.
95 3. Cryptocurrency purchased using money in or received by
96 the reserve, including:
97 a. Cryptocurrency derived from the fork of a distributed
98 ledger, the retention of which has been approved by the board;
99 or
100 b. Cryptocurrency distributed pursuant to an airdrop to
101 this state's cryptocurrency addresses, the retention of which
102 has been approved by the board.
103 4. Investment earnings and interest or rewards earned on
104 assets in the reserve.
105 (b) To administer and manage the reserve, the board may
106 acquire, exchange, sell, supervise, manage, or retain authorized
107 investments that a prudent investor exercising reasonable care,
108 skill, and caution would acquire, exchange, sell, supervise,
109 manage, or retain in light of the objective of the reserve,
110 taking into consideration the investment of all the assets of
111 the reserve rather than a single investment.
112 (c) The Legislature may appropriate funds for deposit to
113 the credit of the reserve for the purposes of:
114 1. Investing in cryptocurrency.
115 2. Administering and managing the reserve.
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Amendment No.

116 (d) The board may spend cryptocurrency in the reserve or
117 use the net proceed from the sale of cryptocurrency in the
118 reserve to pay the reasonable costs associated with
119 administering and managing the reserve. Costs and fees of the
120 board for investment services shall be deducted from the
121 reserve.
122 (e) The board may transfer money in the reserve to the
123 State Treasury only when authorized by the Legislature in the
124 General Appropriations Act or other law.
125 (f) Cryptocurrency received by the Reserve that is not
126 compliant with applicable federal or state law may be disposed
127 of by the board in accordance with applicable law.
128 (3) MARKET CAPITALIZATION REQUIREMENT.—To be eligible to
129 be purchased for the reserve, a cryptocurrency must have an
130 average market capitalization of at least $100 billion over the
131 most recent 12-month period.
132 (4) THIRD-PARTY CONTRACTS AND PERMISSIBLE TRANSACTIONS;
133 AUDITS.—
134 (a) The board may contract with one or more third-party
135 entities for the administration or management of the reserve,
136 including:
137 1. A technology provider of a secure custody solution.
138 2. A qualified custodian that uses a secure custody
139 solution.

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Amendment No.

140 3. A qualified liquidity provider to facilitate the
141 purchase and sale of assets in the reserve.
142 (b) If the board determines it is in the best interest of
143 the reserve, the board may use derivatives.
144 (c) The board may contract with a certified public
145 accountant to perform an independent audit of the reserve.
146 (5) FLORIDA STRATEGIC CRYPTOCURRENCY RESERVE FUND ADVISORY
147 COMMITTEE.—
148 (a) There is established the Florida Strategic
149 Cryptocurrency Reserve Fund Advisory Committee within the State
150 Board of Administration.
151 (b) The committee shall be composed of the following five
152 members as a resource to the Board of Trustees of the State
153 Board of Administration, subject to confirmation by the Senate,
154 as follows:
155 1. The executive director of the board, who shall serve as
156 the chair.
157 2. Three members appointed by the board with expertise in
158 cryptocurrency investments.
159 2. One member appointed by the board with expertise in
160 digital asset security.
161 (c) The committee shall advise the board regarding the
162 administration and management of the reserve, including:
163 1. Recommendations for valuing assets in the reserve.

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Amendment No.

164 2. The establishment of prudent investment policies
165 relating to the investment objectives of and asset allocation in
166 the reserve.
167 3. Recommendations for the establishment of prudent
168 custody and security policies for the reserve.
169 (d) A member of the committee is not entitled to receive
170 compensation for service on the committee.
171 (e) Appointed members shall serve for 4-year terms. A
172 vacancy shall be filled for the remainder of the unexpired term
173 in the same manner as the original appointment.
174 (6) This section does not create a private cause of action
175 related to compliance with the requirements of this section.
176 (7) RULEMAKING.—The State Board of Administration shall
177 adopt rules as necessary to administer the Florida Strategic
178 Cryptocurrency Reserve Fund.
179 Section 2. Paragraph (g) is added to subsection (5) of
180 section 215.44, Florida Statutes, to read:
181 (g) With respect to the Florida Strategic Cryptocurrency
182 Reserve Fund, the following information:
183 1. The amount of cryptocurrency held in the reserve on the
184 last day of the preceding fiscal year.
185 2. An estimate of the monetary value of the cryptocurrency
186 held in the reserve on the last day of the preceding fiscal
187 year.

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Amendment No.

188 3. Any changes in the amount and estimated monetary value
189 of cryptocurrency in the reserve during the period the
190 cryptocurrency has been held in the reserve, disaggregated by
191 the cryptocurrency type.
192 4. A description of the actions taken by the board to
193 administer and manage the reserve during the preceding fiscal
194 year.
195 Section 3. This act shall take effect January 1, 2027.
196
197
198 -----------------------------------------------------
199 T I T L E A M E N D M E N T
200 Remove lines 12-21 and insert:
201 authorizing the board to pay certain costs using the
202 cryptocurrency in the reserve or the net proceed from
203 the sale of cryptocurrency in the reserve; providing
204 for investment of money in the reserve; authorizing
205 transfer of the reserve money to the State Treasury
206 under certain circumstances; providing requirements
207 for cryptocurrency to be purchased for the reserve;
208 authorizing contracts with third parties for the
209 administration or management of the reserve;
210 authorizing the board to use

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CS/HB 1075
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 1075 COMPANION BILL: CS/CS/SB 1014 (Mayfield)
TITLE: Municipal Utility Connections LINKED BILLS: None
SPONSOR(S): Sirois and Oliver RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
14 Y, 1 N  8 Y, 3 N, As CS 

SUMMARY
Effect of the Bill:
The bill requires a municipality to extend utility service to other municipalities or property owners located outside
its municipal boundaries if certain conditions are met. The bill requires the municipality to determine if sufficient
capacity exists and provides the method for a requesting municipality or property owner to challenge that
determination.

The bill also revises provisions relating to rural electric cooperatives. Specifically, the bill:
 Allows notice of member meetings to be provided by e-mail and requires a longer notice period for
meetings for electing trustees.
 Increases the required minimum quorum for member meetings.
 Requires each cooperative to address certain matters in its bylaws and appoint one or more inspectors to
ensure accurate elections for trustees.
 Authorizes cooperatives to use an internet-based online voting system, provides requirements for the
voting system, and allows members voting using such a system to count toward quorum in certain
instances.

Fiscal or Economic Impact:
None

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Municipal Utility Services
The bill establishes requirements related to the provision of municipal utility services to municipalities or property
owners outside the municipal boundaries.

The bill requires a municipality that operates utility services to allow another municipality or property owner
outside its municipal boundaries to connect with or use its utility services if each of the following conditions is met:
 The utility system has sufficient system capacity1 to serve the requested connection without materially
impairing service to existing utility customers.
 The property is not within the service territory of another water or wastewater utility, as applicable.

1 “Capacity” in utility services refers to the maximum amount or volume of product (electricity, water, gas) that can be

provided at a specific point in time under specific conditions. See e.g., U.S. Energy Information Administration, Electricity
explained: Electricity generation, capacity, and sales in the United States,
https://www.eia.gov/energyexplained/electricity/electricity-in-the-us-generation-capacity-and-sales.php (last visited Feb.
17, 2026).
STORAGE NAME: h1075d.COM
DATE: 2/20/2026
1
CS/HB 1075
 The property is within one mile of a main line of the municipal utility, measured by the closest property
boundary line from such main line.
 The requesting municipality or property owner agrees to pay all applicable rates and charges authorized by
law.2 (Section 1)

The bill provides that where the conditions above are not met, another municipality or a property outside
municipal boundaries may still connect to the utility subject to an agreement. (Section 1)

The bill prohibits a municipality from declining to extend service to property outside of its municipal boundaries
on the sole basis that the owner refuses to agree to the property’s annexation by the municipality that controls the
utility, unless the property is subject to an annexation agreement or developer agreement on or before July 1,
2026. (Section 1)

The bill provides that a municipality must, within 30 days after receipt of a connection application from a
municipality or property owner outside its municipal boundaries, make a written capacity determination. The
determination must be based on generally accepted engineering standards and current system data. (Section 1)

The bill establishes certain requirements where the municipality denies a connection request. Specifically:
 If the connection request is denied due to lack of capacity, the denial must include specific engineering
findings identifying the deficient components of the system.
 A requesting municipality or property owner denied connection with or use of utility services may appeal
the capacity determination to the circuit court in the county in which the municipality or property is
located. The court must review the determination de novo.3
 If the court finds that the municipality’s denial was in violation of the provisions of the bill, the court must
order the connection and award the prevailing party reasonable attorney fees and court costs, unless the
municipality providing utility services demonstrates by clear and convincing evidence that the denial was
based on a good faith, reasonable engineering determination of insufficient capacity. (Section 1)

The bill provides that a private company or corporation granted a privilege or franchise by a municipality to
operate utility services may allow connection by another municipality or property owner by agreement. (Section
1)

The bill clarifies that it does not prohibit a municipality from imposing reasonable impact fees, connection fees, or
infrastructure contributions necessary to fund system expansion required for a new connection. (Section 1)

Rural Electric Cooperatives

Notice Requirements
The bill authorizes rural electric cooperatives to provide notice of member meetings by electronic mail. For any
meeting at which an election of trustees or of successors to trustees will be held, the bill requires the notice to be
provided not less than 30 days nor more than 45 days before the date of the meeting and to state the name or
names of those nominated and certified for such elections. (Section 2)

Membership List
The bill requires the board of trustees of a cooperative, by January 1, 2027, and annually thereafter, to prepare an
updated list of the names of all members showing each member’s name in alphabetical order and, if applicable, the

2 The requesting municipality or property owner must agree to pay all rates and charges imposed by the municipal utility in

accordance with s. 180.191, F.S.
3 “De novo,” is a Latin term that means “anew,” “from the beginning,” or “afresh.” A court that hears a case de novo decides the

issues without reference to any conclusions or findings made by a lower or previous court. See e.g., Cornell Law School, Legal
Information Institute, de novo, https://www.law.cornell.edu/wex/de_novo (last visited Feb. 17, 2026).
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voting district4 in which each member receives service. The board of trustees must make the list available upon
request of any member of the cooperative. At each meeting of members, any member or the member's proxy is
entitled to inspect the list at any time during the meeting or any adjournment. (Section 2)

Quorum
The bill increases the required minimum quorum to transact business at meetings of cooperative members. The
bill provides that five percent of all members constitutes a quorum, except that twenty-five percent of all members
is required to constitute a quorum for any meeting at which an election of trustees is to be held. In addition to
counting members that appear in person or vote by mail toward these quorum requirements, as allowed under
current law, the bill allows members that vote electronically to be counted for determination of quorum. (Section
2)

Board of Trustees Elections
The bill requires a cooperative to address certain matters in its bylaws related to elections of trustees. Specifically,
the bylaws must prescribe:
 A process by which members may nominate one or more individuals for election as a trustee or as a
successor to a trustee.
 A process by which the board of trustees may certify that a nominee meets the qualifications for trustee set
forth in Florida law and in the bylaws of the cooperative.
 A process by which a nominee who is not certified by the board may challenge the noncertification
decision. (Section 3)

The bill requires a cooperative, for each meeting of members at which an election for trustees or successors to
trustees is to be conducted, to appoint one or more inspectors to carry out certain duties related to the vote. An
inspector may be an officer or an employee of the cooperative. The bill requires each inspector to faithfully execute
the duties of inspector with strict impartiality and according to the best of the inspector's ability. The bill requires
the inspector or inspectors to:
 Determine the number of votes represented at the meeting, whether in person, electronically, or by proxy;
 Determine the validity of proxy appointments and ballots, and of mail-in ballots;
 Count the votes; and
 Make a written report of the results. (Section 3)

Voting
The bill authorizes a cooperative to conduct elections electronically through an internet-based online voting
system for any matter requiring a vote of members, provided that each member voting electronically consents to
do so. In order to provide online voting, the cooperative must provide each member with:
 A method to authenticate the member’s identity to the online voting system.
 A method to confirm, at least 14 days before the voting deadline, that the member’s electronic device can
successfully communicate with the online voting system.
 A method that is consistent with the election and voting procedures in the cooperative’s bylaws. (Section 4)

Additionally, the bill requires that an online voting system used by a cooperative must be able to:
 Authenticate the member’s identity.
 Authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
 Transmit a receipt from the online voting system to each member who casts an electronic vote.
 Permanently separate any authentication or identifying information from the electronic election ballot,
rendering it impossible to tie an election ballot to a specific member.5
 Store and keep electronic ballots accessible for recount, inspection, and review purposes. (Section 4)

4 Section 425.11, F.S., provides circumstances and conditions under which a cooperative’s service territory may be divided into

two or more voting districts.
5 This provision applies only if a cooperative’s bylaws provide for secret ballots for the election of trustees.

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The bill provides that a member voting electronically must be counted as being in attendance at the meeting for
purposes of determining a quorum but that when a quorum is established based on members voting electronically,
no substantive vote of the members may be taken on any issue other than the issues specifically identified in the
electronic vote. (Section 4)

The bill requires that online voting be approved by a resolution of the board of trustees of the cooperative and
requires that notice of a meeting at which the board resolution will be considered must be given to each member in
accordance with the notice requirements for member meetings. The bill also provides that if at least 25 percent of
the members petition the board of trustees to adopt a resolution for electronic voting for the next scheduled
election, the board must hold a meeting within 21 days after receipt of the petition to adopt such resolution. The
resolution approving online voting must:
 Provide that members receive notice of the opportunity to vote through an online voting system;
 Establish reasonable procedures and deadlines for members to consent, electronically or in writing, to
online voting; and
 Establish reasonable procedures and deadlines for members to opt out of online voting after giving
consent. (Section 4)

The bill provides that a member’s consent to online voting is valid until the member opts out of online voting
pursuant to the procedures established by the board of trustees. (Section 4)

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

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Local Government Authority

Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may exercise any power for municipal purposes, except when expressly
prohibited by law.6 The legislative body of each municipality has the power to enact legislation on any subject upon
which the state Legislature may act with certain exceptions.7 Under their home rule power and as otherwise
provided or limited by law or agreement, municipalities may provide utilities to citizens and entities within the
municipality’s corporate boundaries, in unincorporated areas, and even in other municipalities.

Municipal Utility Services

6 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political subdivisions

is considered a municipal purpose.
7 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation, merger,

and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited by the
constitution; any subject expressly preempted to state or county government by the constitution or by general law; and any
subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
8 Florida Public Service Commission (PSC), Facts and Figures of the Florida Utility Industry (2025), at pages 1, 14, available at

https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202025.pdf
(last visited Feb. 17, 2026).
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jurisdiction, service territory and territory disputes, energy efficiency reporting, ten-year site plans, reporting on
system hardening and resiliency, reporting on net metering, audits related to regulatory assessment fees,
monitoring renewable energy, reporting on facilities inspection and vegetation management, and ensuring a
reliable, coordinated power grid.9 Many of these utilities provide service to customers located outside of the
municipality’s boundaries.10

Municipalities are authorized by general law to provide water and sewer utility services.11 With respect to public
works projects, including water and sewer utility services,12 municipalities may extend and execute their corporate
powers outside of their corporate limits as “desirable or necessary for the promotion of the public health, safety
and welfare.”13 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality.14 In general, however, local governments may enter into mutually advantageous agreements
to provide services or facilities to other localities.15 Further, the law specifically authorizes a municipality to
negotiate agreement to terms and conditions upon which any other municipality and the owners of lands outside
its corporate limits or within the limits of another municipality may connect with its utility services.16 Municipal
water and sewer utility systems are exempt from PSC jurisdiction.

Florida law authorizes a municipality that operates a water or sewer utility outside of its municipal boundaries to
impose higher rates, fees, and charges on customers receiving service outside of its corporate boundaries
compared those imposed on customers within its boundaries. The municipality can accomplish this in two ways:
 It may add a surcharge of up to 25 percent of the rates, fees, and charges imposed on customers within its
boundaries. This mechanism does not require a public hearing.17
 It may set separate rates, fees, and charges for customers outside its boundaries based on the same factors
used to set rates for customers within its boundaries. It may then add a surcharge of up to 25 percent of
these charges, provided that the total of all such rates, fees, and charges for service to customers outside its
boundaries may not exceed the total charges to customers within its boundaries by more than 50 percent
for corresponding service. Rates set in this manner require a public hearing at which all users served or to
be served by the water or sewer utilities and all other interested persons will have an opportunity to be
heard concerning the proposed rates.18

Trial Courts

The State Constitution establishes a two-tier system of trial courts granting distinct jurisdiction to county courts
and to circuit courts.19 County courts have limited jurisdiction set by statute and hear matters such as traffic
offenses, landlord-tenant disputes, small claims cases up to $8,000, misdemeanor criminal matters, local

9 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 3, available at

https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3226&Session=20
23&DocumentType=Meeting+Packets&FileName=ecc+2-9-23.pdf (last visited Feb. 17, 2026).
10 S. 367.022(2), F.S.
11 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection

and disposal of sewage, including wastewater reuse, and other liquid wastes;” and “construct reservoirs, sewerage systems,
trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification
works, collection systems, treatment and disposal works” to accomplish these purposes.
12 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water flow

and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas plants and
distribution systems, and related facilities.
13 S. 180.02(2), F.S.
14 Id.
15 See s. 163.01, F.S.
16 S. 180.19, F.S.
17 S. 180.191(1)(a), F.S.
18 S. 180.191(1)(b), F.S.
19 Art. V, ss. 5 and 6, Fla. Const.

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government ordinance violations, and monetary disputes up to $50,000.20 There are 67 county courts, one for each
county in the state.21 Circuit courts, meanwhile, have general jurisdiction to hear all matters not within the county
courts’ jurisdiction, including dissolution of marriage and other “family law” proceedings, felony criminal matters,
juvenile delinquency and dependency proceedings, probate proceedings, guardianship matters, and monetary
disputes over $50,000.22 There are 20 circuit courts in Florida, one for each judicial circuit.23

Rural Electric Cooperatives

Rural electric cooperatives24 are electric utilities that are owned by their members.25 These private companies are
generally nonprofit, with their principal purpose being to deliver electrical service to their members. Rural electric
cooperatives are mostly located in rural areas where, at least historically, the return on investment for building or
installing electrical infrastructure was not enough to incentivize investor-owned utilities to provide service.26

Rural electric cooperatives have their origin in the Rural Electrification Act of 1936 (REA),27 signed by President
Franklin D. Roosevelt as part of his “New Deal” policy.28 At the time, about 90 percent of urban areas had
electricity, while only ten percent of farms did.29 The REA provided federal loans for the installation of electrical
systems in rural areas, and empowered local farmers, residents, and businesses to join together to create their own
electric utilities.30 The first cooperative electric companies in Florida were incorporated in 1937.31

As of 2025, there were eighteen rural electric cooperatives in Florida, operating in 57 of Florida’s 67 counties and
having a total membership of more than 2.7 million customers.32 In Florida, as in most of the U.S., rural electric
cooperatives serve a large percentage of geographic area but have a low customer density. Specifically, Florida
cooperatives serve approximately 10 percent of Florida’s total electric utility customers, but their service territory
covers 60 percent of Florida’s total land mass.33

In addition to providing electric service, cooperatives in Florida are authorized to own and operate water and
sewer systems.34 To promote economic development, a cooperative may provide any energy or nonenergy services
to its membership.35

20 Office of the State Courts Administrator, Trial Courts – County, https://www.flcourts.gov/Courts-System/Court-

Structure/Trial-Courts-County (last visited Feb. 17, 2026).
21 Id.
22 Office of the State Courts Administrator, Trial Courts - Circuit, https://www.flcourts.gov/Courts-System/Court-

Structure/Trial-Courts-Circuit (last visited Feb. 17, 2026).
23 Id.
24 The term “cooperative” is defined in s. 425.02, F.S., as “[c]ooperative, nonprofit, membership corporations” that are

organized “for the purpose of supplying electric energy and promoting and extending the use thereof in rural areas.”
25 The term “member” is defined in s. 425.03, F.S., and may include “any natural person, firm, association, corporation, business

trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic.”
26 University of Wisconsin Center for Cooperatives, Research on the Economic Impact of Cooperatives,

https://reic.uwcc.wisc.edu/electric/ (last visited Feb. 17, 2026).
27 The Rural Electrification Act of 1936, Pub. L. No. 74-432, 49 Stat. 1363, (May 20, 1936), codified at 7 U.S.C. §§ 901-18.
28 Living New Deal, Jonathan Shipley, A Light Went On: New Deal Rural Electrification Act, Dec. 5, 2020,

https://livingnewdeal.org/a-light-went-on-new-deal-rural-electrification-act/ (last visited Feb. 17, 2026).
29 Id.
30 Id.; Florida Electric Cooperative Association (FECA), Our History, https://feca.com/our-history/ (last visited Feb. 17, 2026).
31 FECA, Our History, supra note 30.
32 PSC, Facts & Figures of the Florida Utility Industry 2025, supra note 8 at p. 1; FECA, Our History, supra note 30.
33 FECA, Our History, supra note 30.
34 S. 425.04(4), F.S.
35 S. 425.04(17), F.S.

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Cooperative Bylaws
Each rural electric cooperative is required to adopt bylaws that set forth the rights and duties of its members and
trustees consistent with Florida law.36 The original bylaws of a cooperative are adopted by the board of trustees,
but subsequent adoption, amendment, or repeal of bylaws requires a vote by the members of the cooperative.37

Member Meetings
Each cooperative is required to hold an annual member meeting, at such time and place as provided in the
bylaws.38 Special meetings may be called by the board of trustees, by any three trustees, by not less than 10
percent of the members, or by the president of the cooperative.39 At least 10 days before the meeting, but not less
than 45 days before the meeting, a cooperative must provide written or printed notice, either personally or by
mail, stating the time and place of each meeting and, in the case of a special meeting, the purpose or purposes for
which the meeting is called.40

One percent of all members of the cooperative, present in person, constitutes a quorum for the transaction of
business at meetings, unless the bylaws prescribe a greater percentage for a quorum.41 If the bylaws permit voting
by proxy or by mail, members so voting are counted as present in person for determination of a quorum for the
matters listed and identified on the mail ballot or proxy.42

Member Votes
Any motion or matter before a meeting of the members must be approved by a majority of the quorum.43 Each
member is entitled to one vote on each matter submitted to a vote at a meeting, and a cooperative may permit
voting in person, by mail through an absentee ballot, or by limited proxy,44 but a cooperative may not allow voting
by general proxy.45

If a cooperative permits voting by limited proxy, a member must record his or her vote for or against the issue or
issues specifically listed on the proxy.46 No person may vote as proxy for more than three members at any meeting
of the members except as otherwise permitted in the bylaws.47 Additionally, no limited proxy is valid for a period
longer than 90 days after the date of the first meeting for which the proxy is given, and every proxy is revocable, at
any time, at the pleasure of the member executing it.48

Board of Trustees
Each cooperative is governed by a board of not less than five trustees elected by the cooperative’s membership.49 A
trustee must be a member of the cooperative, or of another cooperative that is a member of the cooperative, for
which he or she serves as trustee.50 The bylaws must prescribe the number of trustees and their qualifications,

36 S. 425.08, F.S.
37 Id.
38 S. 425.09(2), (4), F.S.
39 S. 425.09(3), F.S.
40 S. 425.09(5), F.S.
41 S. 425.09(6), F.S.
42 S. 425.09(6), F.S.
43 S. 425.09(6), F.S.
44 A limited proxy is one on which a member has recorded a vote for or against an issue or issues specifically listed on the

proxy. S. 425.09(7), F.S. By contrast, a general proxy allows a proxy holder to vote however he or she sees fit on any matter
that may be considered meeting. See, e.g., Fla. Dep’t of Prof. Regulation, What is the difference between a general proxy and a
limited proxy?, updated Sep. 2, 2025, https://myfloridalicense.custhelp.com/app/answers/detail/a_id/2039/~/what-is-the-
difference-between-a-general-proxy-and-a-limited-proxy%3F (last visited Feb. 17, 2026).
45 S. 425.09(6)-(7), F.S.
46 S. 425.09(7), F.S.
47 Id.
48 Id.
49 S. 425.10(1), F.S.; FECA, Our History, supra note 30.
50 S. 425.10(1), F.S. Some rural electric cooperatives are comprised of member cooperatives rather than individual customers.

For example, Seminole Electric Cooperative is a generation and transmission cooperative whose member organizations are
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other than those provided for by law, as well as the manner of holding meetings of the board of trustees and of the
election of trustees and their successors in the case of vacancies.51

Each trustee holds office for the term for which he or she was elected until the next following annual meeting of the
members or until their successors are elected and qualified.52 At each annual meeting or, in case of failure to hold
the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members must elect
trustees to hold office until the next following annual meeting of the members, except as otherwise provided by
law.53 The bylaws may provide that, rather than electing the whole number of trustees annually, the trustees may
be divided into three classes serving three-year terms, with the terms of one class expiring at each succeeding
annual meeting.54

Florida law also provides that the bylaws of a cooperative may divide the territory in which it supplies electric
energy to its members into two or more voting districts.55 For each such district, the bylaws may provide that:
 A designated number of trustees must be elected by the members residing therein; or
 A designated number of delegates must be elected by such members; or
 Both such trustees and delegates must be elected by such members.56

If a cooperative establishes such districts, the bylaws may prescribe the manner in which a voting district, its
members, and any delegates and trustees elected therefrom shall function. The bylaws may also prescribe the
powers of the delegates, which may include the power to elect trustees. No member at any voting district meeting
and no delegate at any meeting may vote by proxy or by mail.57

Online Voting Systems

In 2015, Florida law authorized condominium associations, cooperative property associations, and homeowners’
associations to conduct elections and other membership votes through an internet-based online voting system if a
member consents, electronically or in writing, to online voting.58 In order to provide online voting, the association
must provide each member with:
 A method to authenticate the member’s identity to the online voting system.
 A method to confirm, at least 14 days before the voting deadline, that the member’s electronic device can
successfully communicate with the online voting system.
 A method that is consistent with the election and voting procedures in the association’s bylaws.59

An online voting system used by such associations must be:
 Able to authenticate the member’s identity.
 Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
 Able to transmit a receipt from the online voting system to each member who casts an electronic vote.

retail distribution cooperatives. Seminole Elec. Coop., Inc., About, https://www.seminole-electric.com/about/ (last visited Feb.
17, 2026).
51 S. 425.10(1), F.S.
52 S. 425.10(2), F.S.
53 Id.
54 S. 425.10(3), F.S.
55 S. 425.11, F.S.
56 Id.
57 Id.
58 Ss. 718.128, 719.129, and 720.317(1), F.S.
59 Ss. 718.128(1), 719.129(1), and 720.317(1)(a), F.S. Condominium associations must also provide, for elections of the board,

a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. S.
718.128(1)(b), F.S.
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 Able to permanently separate any authentication or identifying information from the electronic election
ballot, rendering it impossible to tie an election ballot to a specific member.60
 Able to store and keep electronic ballots accessible to election officials for recount, inspection, and review
purposes.61

Online voting offers benefits over in-person or mail-in voting, such as reduced costs, increased member
participation, increased accuracy compared to paper votes, decreased meeting times, and improved efficiency in
voting and inspections.62 Some online voting system providers advertise as having products specifically designed
to comply with Florida law to allow members in condominium, cooperatives, and homeowners' associations to cast
their votes online.63

Elections Inspectors

An inspector of elections serves as a manager or referee in public or private elections. In Florida election law, each
polling place is managed by a board of inspectors, and ch. 101, F.S., prescribes certain duties of inspectors related
to conducting the election, such as verifying voter identification and keeping a list of registered voters available for
designated poll watchers.64

Additionally, Florida law authorizes all private corporations, and requires some, to appoint one or more inspectors
to act at a meeting of shareholders in connection with determining voting results.65 These inspectors must:
 Ascertain the number of shares outstanding and the voting power of each;
 Determine the shares represented at a meeting;
 Determine the validity of proxy appointments and ballots;
 Count the votes; and
 Make a written report of the results.66

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 1523 - Utility Services Busatta Died in Senate

60 This requirement applies to condominium associations and cooperative property associations for elections of the board of

administration, and to a homeowners’ association if its bylaws provide for secret ballots for the election of directors.
61 Ss. 718.128(2), 719.129(2), and 720.317(1)(b), F.S.
62 Ben Solomon, Fla. Cmty. Ass’n Prof’ls, Everything You Need to Know about Electronic (Online) Voting in Florida, Oct. 2019,

https://www.fcapgroup.com/flcaj/flcaj-articles/everything-you-need-to-know-about-electronic-online-voting-in-florida/
(last visited Feb. 17, 2026).
63 See, e.g., eVoteMAX, https://evotemax.com/ (last visited Feb. 17, 2026); CondoVoter, https://www.condovoter.com/florida-

homeowner-association-elections (last visited Feb. 17, 2026).
64 See ss. 101.043, 101.23, and 101.71, F.S.
65 S. 607.0729(1), F.S.
66 S. 607.0729(2), F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 14 Y, 1 N 1/28/2026 Keating Rubottom
Subcommittee
Intergovernmental Affairs 8 Y, 3 N, As CS 2/12/2026 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE  Revised requirements for which properties must be allowed to connect
COMMITTEE: to municipal utilities.
 Provided that a municipality may not require annexation as a condition
of providing utility service to a property.
 Revised provisions relating to rural electric cooperatives’ notice
requirements, quorum, and electronic voting.
Commerce Committee Hamon Rubottom

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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 1075 2026

1 A bill to be entitled
2 An act relating to utilities; amending s. 180.19,
3 F.S.; requiring municipalities that operate utility
4 services to allow other municipalities and property
5 owners outside its municipal boundaries to connect
6 with and use the utility services under specified
7 conditions; prohibiting municipalities that operate
8 utility services from denying requests by property
9 owners outside its municipal boundaries to connect
10 with or use the utility services based on specified
11 criteria; providing an exception; requiring
12 municipalities to make certain determinations within a
13 specified timeframe; providing for appeal of such
14 determinations; providing for the award of attorney
15 fees and court costs; providing that municipalities
16 are not liable for such fees and costs under certain
17 conditions; providing construction; amending s.
18 425.09, F.S.; authorizing notices for rural electrical
19 cooperative board of trustees meetings to be delivered
20 by e-mail; revising notice requirements for meetings
21 during which elections will occur; requiring the board
22 of trustees, beginning on a specified date, to
23 annually prepare a list of cooperative members and to
24 make the list available for certain inspection;
25 revising quorum requirements; authorizing electronic

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26 voting; amending s. 425.10, F.S.; requiring the bylaws
27 of rural electrical cooperatives to include specified
28 provisions relating to the nomination of members for
29 election to the board of trustees; requiring the
30 appointment of election inspectors; providing duties
31 of election inspectors; creating s. 425.30, F.S.;
32 authorizing rural electric cooperatives to conduct
33 elections and membership votes through electronic
34 voting under certain conditions; requiring members
35 voting electronically to be counted for quorum
36 purposes; prohibiting substantive votes when a quorum
37 is based on the number of members voting
38 electronically; requiring electronic voting to be
39 authorized by a resolution of the board of trustees;
40 providing requirements for such resolutions; providing
41 for members to consent to and opt out of electronic
42 voting; providing applicability; providing for
43 cooperative members to petition the board of trustees
44 to adopt electronic voting; providing an effective
45 date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 180.19, Florida Statutes, is amended to
50 read:

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51 180.19 Use by other municipalities and by individuals
52 outside corporate limits.—
53 (1)(a) A municipality that operates utility services which
54 constructs any works as are authorized under by this chapter
55 shall allow a, may permit any other municipality or property
56 owner and the owners or association of owners of lots or lands
57 outside of its municipal boundaries corporate limits or within
58 the limits of any other municipality, to connect with or use the
59 utility services if:
60 1. The utility system has sufficient treatment,
61 transmission, and distribution capacity to serve the requested
62 connection without materially impairing service to existing
63 utility customers;
64 2. The property is not within the service area of another
65 water or wastewater utility, as applicable;
66 3. The property is within 1 mile of a main line of the
67 utility system, measured by the closest property boundary line
68 from the main line; and
69 4. The requesting municipality or property owner agrees to
70 pay all applicable rates, fees, and charges authorized under s.
71 180.191.
72 (b) If the conditions in paragraph (a) are not met,
73 connection with or use of the utility services are utilities
74 mentioned in this chapter upon such terms and conditions as may
75 be agreed between the such municipalities or the municipality

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76 and the property owner, and the owners or association of owners
77 of such outside lots or lands.
78 (c) A municipality that operates utility services may not
79 deny a request for connection with or use of utility services by
80 a property owner outside of its municipal boundaries on the sole
81 basis that the property owner refuses to assent or otherwise
82 consent to the property being annexed by the municipality,
83 unless the property is subject to an annexation agreement or
84 developer agreement on or before July 1, 2026.
85 (2)(a) A municipality that operates utility services must
86 make a written capacity determination within 30 days after
87 receipt of a completed application for connection from a
88 municipality or property owner under subsection (1). The
89 determination must be based on generally accepted engineering
90 standards and current system data. A denial of connection with
91 or use of utility services due to a lack of capacity must
92 include specific engineering findings identifying the deficient
93 components of the system.
94 (b) A requesting municipality or property owner denied
95 connection with or use of utility services may appeal the
96 capacity determination to the circuit court in the county in
97 which the municipality or property is located. The court must
98 review the determination de novo.
99 (c) If the court finds that the municipality refused to
100 allow the connection in violation of this subsection, the court

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101 must order the connection and award the prevailing party
102 reasonable attorney fees and court costs to be paid by the
103 municipality operating the utility services.
104 (d) The municipality operating the utility services is not
105 liable for attorney fees or court costs under paragraph (c) if
106 the municipality demonstrates by clear and convincing evidence
107 that the denial was based on a good faith, reasonable
108 engineering determination of insufficient capacity.
109 (3)(2) Any private company or corporation organized to
110 accomplish the purposes of set forth in this chapter that, which
111 has been granted a privilege or franchise by a municipality to
112 operate utility services, may allow a municipality or property
113 owner permit the owners or association of owners of lots or
114 lands outside of the boundaries of the granting said
115 municipality granting said privilege or franchise, or other
116 municipality, to connect with and use the utility services
117 operated by the said private company or corporation upon such
118 terms as may be agreed between the said private company or
119 corporation and the owners or association of owners of said lots
120 or lands or the said municipality or property owner.
121 (4) This section does not prohibit a municipality from
122 imposing reasonable impact fees, connection fees, or
123 infrastructure contributions necessary to fund system expansion
124 required for a new connection.
125 Section 2. Subsections (6), (7), and (8) of section

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126 425.09, Florida Statutes, are renumbered as subsections (7),
127 (8), and (9), respectively, subsection (5) and present
128 subsection (6) are amended, and a new subsection (6) is added to
129 that section, to read:
130 425.09 Members.—
131 (5) Except as hereinafter otherwise provided, written or
132 printed notice stating the time and place of each meeting of
133 members, and in the case of a special meeting the purpose or
134 purposes for which the meeting is called, must shall be given to
135 each member, either personally, or by mail, or by e-mail, not
136 less than 10 days or nor more than 45 days before the date of
137 the meeting. For any meeting at which an election of trustees or
138 successors to trustees will be held, the notice must be provided
139 not less than 30 days or more than 45 days before the date of
140 the meeting and must state the name or names of those nominated
141 and certified for the election as provided in this chapter.
142 (6) By January 1, 2027, and annually thereafter, the board
143 of trustees shall prepare an updated, alphabetical list of the
144 names of all members and, if applicable, the voting district
145 established under s. 425.11 in which each member receives
146 service. The board of trustees shall make the list available
147 upon request of any member of the cooperative. At each meeting
148 of members, any member or the member's proxy is entitled to
149 inspect the list at any time during the meeting or any
150 adjournment.

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151 (7)(6) Effective January 1, 2027, 5 One percent of all
152 members, present in person, constitutes shall constitute a
153 quorum for the transaction of business at all meetings of the
154 members, except that a quorum shall be 25 percent of all members
155 present in person at any meeting at which an election of
156 trustees or successors to trustees will be held. unless The
157 bylaws may prescribe the presence of a greater percentage of the
158 members for a quorum. Notwithstanding the requirement that
159 members be present in person in order to be counted in
160 determining a quorum, the bylaws may permit voting by limited
161 proxy, or by mail, or electronically through an Internet-based
162 online voting system and members so voting shall be counted as
163 present in person for determination of a quorum. A majority of a
164 quorum is required to approve any motion or matter before a
165 meeting of the members. Members voting by mail, or limited
166 proxy, or electronically through an Internet-based online voting
167 system may shall not be counted on any matter raised at a
168 meeting that which was not specifically listed and identified on
169 the mail ballot, or proxy, or Internet-based online voting
170 system. If less than a quorum is present at any meeting, a
171 majority of those present in person may adjourn the meeting from
172 time to time without further notice.
173 Section 3. Subsections (4), (5), and (6) of subsection (1)
174 of section 425.10, Florida Statutes, are renumbered as
175 subsections (5), (6), and (7), respectively, subsection (1) is

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176 amended, and a new subsection (4) is added to that section, to
177 read:
178 425.10 Board of trustees.—
179 (1) The business and affairs of a cooperative shall be
180 managed by a board of not less than five trustees, each of whom
181 shall be a member of the cooperative or of another cooperative
182 which shall be a member thereof. The bylaws shall prescribe the
183 number of trustees, their qualifications, other than those
184 provided for in this chapter, the manner of holding meetings of
185 the board of trustees and of the election of successors to
186 trustees who shall resign, die, or otherwise be incapable of
187 acting. The bylaws must prescribe a process by which members may
188 nominate one or more individuals for election as a trustee or a
189 successor to a trustee, a process by which the board of trustees
190 may certify that a nominee meets the qualifications for a
191 trustee or a successor to a trustee as set forth in the bylaws
192 and this chapter, and a process by which a nominee who is not
193 certified by the board of trustees may challenge the
194 noncertification decision. The bylaws may also provide for the
195 removal of trustees from office and for the election of their
196 successors. Without approval of the members, trustees shall not
197 receive any salaries for their services as trustees and, except
198 in emergencies, shall not be employed by the cooperative in any
199 capacity involving compensation. The bylaws may, however,
200 provide that a fixed fee and expenses of attendance, if any, may

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201 be allowed to each trustee for attendance at each meeting of the
202 board of trustees and that such may be allowed for the
203 performance of other cooperative business, provided it has prior
204 approval of the board of trustees.
205 (4)(a) For each meeting of members at which an
206 election for trustees or successors to trustees is to be
207 conducted, a cooperative must appoint one or more
208 inspectors to carry out the duties under paragraph (b).
209 Each inspector must faithfully execute the duties under
210 paragraph (b) with strict impartiality and according to the
211 best of his or her ability. An inspector may be an officer
212 or employee of the cooperative.
213 (b) An inspector must:
214 1. Determine the number of votes represented at the
215 meeting, whether in person, electronically, or by proxy.
216 2. Determine the validity of mail-in ballots and
217 proxy appointments and ballots.
218 3. Count the votes.
219 4. Make a written report of the results.
220 Section 4. Section 425.31, Florida Statutes, is created to
221 read:
222 425.31 Electronic voting.—
223 (1) A cooperative may conduct elections and other
224 membership votes through an Internet-based online voting system

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225 if a member consents, electronically or in writing, to online
226 voting and if all of the following requirements are met:
227 (a) The cooperative provides each member with:
228 1. A method to authenticate the member's identity to the
229 online voting system.
230 2. A method to confirm, at least 14 days before the voting
231 deadline, that the member's electronic device can successfully
232 communicate with the online voting system.
233 3. A method that is consistent with the election and
234 voting procedures provided in the cooperative's bylaws.
235 (b) The cooperative uses an online voting system that is:
236 1. Able to authenticate the member's identity.
237 2. Able to authenticate the validity of each electronic
238 vote to ensure that the vote is not altered in transit.
239 3. Able to transmit a receipt from the online voting
240 system to each member who casts an electronic vote.
241 4. Able to permanently separate any authentication or
242 identifying information from the electronic election ballot,
243 rendering it impossible to tie an election ballot to a specific
244 member. This subparagraph only applies if the cooperative's
245 bylaws provide for secret ballots for the election of trustees.
246 5. Able to store and keep electronic ballots accessible
247 for recount, inspection, and review purposes.
248 (2) A member voting electronically pursuant to this
249 section must be counted as being in attendance at the meeting

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250 for purposes of determining a quorum. A substantive vote of the
251 members may not be taken on any issue other than the issues
252 specifically identified in the electronic vote when a quorum is
253 established based on members voting electronically pursuant to
254 this section.
255 (3) This section applies to a cooperative that provides
256 for and authorizes an online voting system pursuant to this
257 section by a resolution of the board of trustees. The resolution
258 must provide that members receive notice of the opportunity to
259 vote through an online voting system; establish reasonable
260 procedures and deadlines for members to consent, electronically
261 or in writing to online voting; and establish reasonable
262 procedures and deadlines for members to opt out of online voting
263 after giving consent. Written notice of a meeting at which the
264 resolution regarding online voting will be considered must be
265 given to each member in accordance with the notice requirements
266 for member meetings under s. 425.09.
267 (4) A member's consent to online voting is valid until the
268 member opts out of online voting pursuant to the procedures
269 established by the board of trustees under subsection (3).
270 (5) This section may apply to any matter that requires a
271 vote of the members.
272 (6) If at least 25 percent of the members of a cooperative
273 petition the board of trustees to adopt a resolution for
274 electronic voting for the next scheduled election, the board of

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275 trustees must hold a meeting within 21 days after receipt of the
276 petition to adopt such resolution. The board of trustees must
277 receive the petition within 180 days after the date of the last
278 scheduled annual meeting.
279 Section 4. This act shall take effect July 1, 2026.

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Commerce Committee

CS/HB 1075 by Reps. Sirois and Oliver
Utilities

AMENDMENT SUMMARY
February 24, 2026

Amendment #511053 by Rep. Oliver (line 121):
• Adds provisions requiring a municipality that provides water or wastewater utility
services to an economic development zone located outside its municipal
boundaries to enter into an interlocal agreement with a county in which it
provides such service under certain circumstances.
• Adds provisions prohibiting a municipality from applying certain regulations to a
wastewater utility upgrade project under certain circumstances.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1075 (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 Oliver offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 121-124 and insert:
6 (4)(a) A municipality that operates water or wastewater
7 utility services outside of its municipal boundaries must enter
8 into an interlocal agreement pursuant to s. 163.01 with a county
9 in which it provides such service if all of the following
10 conditions are met:
11 1. The county has designated an area located outside such
12 municipal boundaries but within the county as an economic
13 development zone;
14 2. The economic development zone is located entirely or
15 partially within the municipal utility’s service territory; and

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1075 (2026)
Amendment No.

16 3. The economic development zone is geographically
17 surrounded by unincorporated area of the county, except that a
18 portion of its boundary may abut the municipal boundary of the
19 municipality.
20 (b) The interlocal agreement must address the provision of
21 water and wastewater services to the entire economic development
22 zone to ensure, to the maximum extent practicable, the provision
23 of safe, efficient, and sufficient service to meet current and
24 forecasted needs of the economic development zone. The agreement
25 must, at a minimum:
26 1. Define service and maintenance responsibilities for
27 facilities and infrastructure required to provide such services,
28 including all necessary supporting infrastructure;
29 2. Establish and define responsibilities for capacity
30 planning, infrastructure expansion, and cost allocation for the
31 investments needed to provide such services;
32 3. Provide timelines and permitting procedures to ensure
33 the timely and reliable delivery of such services; and
34 4. Include procedures for amending the agreement and for
35 dispute resolution to prevent unreasonable delay in the
36 provision of such services.
37 (c) The interlocal agreement must be executed within 12
38 months after the effective date of this act or within 12 months
39 after the designation of the economic development zone,
40 whichever occurs later.
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Bill No. CS/HB 1075 (2026)
Amendment No.

41 (d) An extension of utility service made pursuant to an
42 interlocal agreement under this subsection is not subject to any
43 other provision of this section related to the establishment of
44 a new agreement for extension of service.
45 (5) This section does not prohibit a municipality from
46 imposing reasonable impact fees, connection fees, or
47 infrastructure contributions necessary to fund system expansion
48 required for a new connection.
49 Section 2. Section 166.0487, Florida Statutes, is created
50 to read:
51 166.0487 Limitation on municipal regulation of wastewater
52 utility infrastructure on property owned by another political
53 subdivision.--
54 (1) As used in this section:
55 (a) "Wastewater utility upgrade project" means a project
56 to improve the operation or efficiency or to expand the capacity
57 of existing wastewater utility infrastructure in a manner
58 intended, in whole or in part, to prevent or reduce pollution.
59 (b) “Wastewater utility infrastructure” includes
60 wastewater treatment plants, lift stations, vacuum stations,
61 pump stations, and appurtenances.
62 (2) A municipality may not apply a comprehensive plan
63 amendment or a land use regulation, including, but not limited
64 to a land development regulation, setback requirement, lot size
65 requirement, or use restriction, to a wastewater utility upgrade
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Bill No. CS/HB 1075 (2026)
Amendment No.

66 project proposed by another political subdivision that owns the
67 property on which the infrastructure is located when all of the
68 following conditions are met:
69 (a) The existing wastewater utility infrastructure is
70 located within the municipal boundaries of the municipality
71 applying the land use regulation;
72 (b) The land use regulation is more burdensome or
73 restrictive than the regulations that applied at the time the
74 infrastructure was originally installed and would prevent,
75 hinder, obstruct, or increase the cost of the proposed
76 wastewater utility upgrade project; and
77 (c) The wastewater utility infrastructure is owned or
78 operated by:
79 1. The political subdivision that owns the property;
80 2. A private firm operating under a wastewater facility
81 privatization contract as provided in part III of chapter 153;
82 or
83 3. A private company operating under a franchise granted
84 by a municipality as provided in chapter 180.
85 (3) The prohibition of subsection (1) does not apply to
86 any property that:
87 (a) Does not have any wastewater utility infrastructure
88 installed at the time the land use regulation is adopted by the
89 municipality, and

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Amendment No.

90 (b) Would be acquired or developed for wastewater utility
91 purposes by another political subdivision as part of the
92 proposed wastewater utility upgrade project.
93
94 -----------------------------------------------------
95 T I T L E A M E N D M E N T
96 Remove line 17 and insert:
97 conditions; requiring municipalities that operate
98 water and wastewater utility services to negotiate
99 interlocal agreements with counties under certain
100 conditions; providing minimum requirements for such
101 agreements; establishing a deadline for executing such
102 agreements; providing construction; creating s.
103 166.0487, F.S.; providing definitions; prohibiting a
104 municipality from applying certain regulations to
105 wastewater utility upgrade projects under specified
106 circumstances; amending s.

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CS/CS/CS/HB 1093
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/CS/HB 1093 COMPANION BILL: CS/SB 1362 (Harrell)
TITLE: Vertiports LINKED BILLS: None
SPONSOR(S): Spencer and Alvarez, J. RELATED BILLS: None
Committee References
Economic Infrastructure Ways & Means Transportation & Commerce
14 Y, 1 N, As CS 18 Y, 0 N, As CS Economic Development
  Budget 
13 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill amends Florida law to specifically include vertiports and charging systems as qualifying projects for
funding under public-private partnerships between state and private entities.

The bill authorizes the Florida Department of Transportation (FDOT) to fund all of the project costs of a public
vertiport if federal funds are not available. If federal funds are available, FDOT may fund up to 80 percent of the
nonfederal share of the project costs.

Fiscal or Economic Impact:
The bill authorizes, but does not necessarily require, additional funding within the Work Program or other existing
department operational resources. The bill authorizes FDOT to fund 100 percent of the project costs of a public
vertiport. If FDOT elects to fund vertiport projects it is anticipated these expenditures will be absorbed within
available Work Program revenues.
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ANALYSIS
EFFECT OF THE BILL:
The bill amends Florida law to specifically include vertiports and charging systems as qualifying projects for
funding under public-private partnerships between state and private entities. (Section 1)

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill authorizes, but does not necessarily require, additional funding within the Work Program or other existing
department operational resources.

The bill authorizes FDOT to fund 100 percent of the project costs of a public vertiport. If FDOT elects to fund
vertiport projects it is anticipated these expenditures will be absorbed within available Work Program revenues.

STORAGE NAME: h1093f.COM
DATE: 2/20/2026
1
CS/CS/CS/HB 1093
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Advanced Air Mobility

Advanced air mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability.1

Numerous uses for AAM are being explored, including air taxi, air cargo, and public services. Air taxis feature
passenger transportation within and around urban and regional areas, including routes connecting city centers to
airports or to neighboring city centers. Air cargos uses feature cargo transportation supporting the middle-mile of
logistics, generally seen as from the cargo port to the distribution center. Public service uses, such as search and
rescue, disaster relief, and air ambulance operations are other catalysts for innovation in AAM.

FDOT is currently laying the groundwork to build an intercity AAM “Aerial Highway Network” to connect major
metropolitan areas across Florida.2 In addition to performing research and development at its SunTrax test facility
to accelerate operational viability, FDOT is developing custom curriculums to establish unique requirements for
licensing to safely operate within the AAM Network.3

SunTrax, located in Polk County, has been designated as the research and development testing hub of the Florida’s
AAM program.4 Early development phases of vertiport demonstration will consist of a passenger terminal, at-grade
vertiports, access roads with vehicle staging, eVTOL parking positions and charging station, and a research and
development hangar.5

eVTOL Aircraft
The term “electric vertical takeoff and landing (eVTOL) aircraft” is not defined in Florida law. However, the term
eVTOL aircraft generally refers to electric-powered aircraft that vertically take off and land. Similar to a helicopter,
eVTOL aircraft hover and fly and are typically designed to carry two to six people, including a pilot.6

Vertiports
Generally, a vertiport is an area of land, water, or structure used, or intended to be used, to support the landing,
takeoff, taxiing, parking, and storage of powered-lift aircraft or other aircraft that vertiport design and
performance standards established by the FAA can accommodate.7

For the purposes of applying to the Florida Department of Commerce for funding to develop vertiports, Florida law
currently defines the term “vertiport” as “a system or infrastructure with supporting services and equipment used
for landing, ground handling, and takeoff of manned or unmanned vertical takeoff and landing (VTOL) aircraft.”8

Florida Airport Development and Assistance Act

1 Federal Aviation Administration, Advanced Air Mobility: Air Taxis, https://www.faa.gov/air-taxis (last visited Jan. 27, 2026).
2 Florida Department of Transportation, From the Ground to the Skies: Florida’s Aerial Highway Network, November 2025.

Available at https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/aam/fdot-2025-advanced-
mobility_strategy.pdf?sfvrsn=19eb551c_1 (last visited Jan. 27, 2026).
3 Id.
4 Central Florida Development Council, SunTrax Named Florida’s Home for Advanced Air Mobility, Positioning Polk as

Statewide Innovation Leader, https://www.cfdc.org/suntrax-named-floridas-home-for-advanced-air-mobility-positioning-
polk-as-statewide-innovation-leader/ (last visited Jan. 23, 2026).
5 SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Jan. 23, 2026).
6 Matthew Urwin, Electricity-powered flying taxis are almost ready for liftoff, December 3, 2024, available at:

https://builtin.com/articles/evtol-aircraft (last visited Jan. 23, 2026).
7 Federal Aviation Administration, Advanced Air Mobility Infrastructure,

https://www.faa.gov/airports/new_entrants/aam_infrastructure (last visited Jan. 27, 2026).
8 S. 288.102(d), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/CS/CS/HB 1093

The Florida Airport Development and Assistance Act (FADAA)9 provides FDOT with certain statutory duties
regarding aviation development and assistance. These duties include providing financial and technical assistance
to airports10 and encouraging the maximum allocation of federal funds to local airport projects.11

For purposes of the FADAA, the term “public-use airport” means any publicly owned airport which is used or to be
used for public purposes.12 Further, the term “eligible agency” means a political subdivision of the state or an
authority which owns or seeks to develop a public-use airport.13

FDOT’s annual legislative budget request for aviation and airport development projects is based on the funding
required for development projects in its aviation and airport work program. DOT must prioritize funding to
support the planning, design, and construction of proposed projects by local sponsors, with special emphasis on
projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other
related airside activities, and airport access transportation facility projects on airport property.14

FDOT is authorized to fund certain aviation and airport-related projects, subject to certain requirements and limits
on airport funding from the State Transportation Trust Fund (STTF). Requirements can be based on the airport
type, availability of federal funds, project type, and size of the airport.15

Public-private Partnerships

Public-private partnerships (P3s) are contractual arrangements between public entities and private sector
entities16 that facilitate increased private sector involvement in the funding and execution of public building and
infrastructure projects.17 These agreements enable the collaboration of skills and assets from both public and
private sectors to provide services or facilities for the benefit of the general public.

Responsible public entities (RPEs)18 may engage in P3 projects aimed at developing an extensive array of public-
use facilities or projects that fulfill a public purpose. Examples of qualifying projects19 include those for mass
transit, vehicle parking, airports or seaports, educational facilities, and public sector buildings or complexes such
as courthouses or city halls. RPEs must adhere to specific requirements, including protocols for reviewing and
approving proposals.

9 S. 332.003, F.S., through s. 332.007, F.S.
10 S. 332.006(4), F.S.
11 S. 332.006(8), F.S.
12 S. 332.004(14), F.S.
13 S. 332.004(7), F.S.
14 S. 332.007(4)(a), F.S.
15 S. 332.007(7), F.S.
16 “Private entity” means any natural person, corporation, general partnership, limited liability company, limited partnership,

joint venture, business trust, public benefit corporation, nonprofit entity, or other private business entity. S. 255.065(1)(g), F.S.
17 S. 255.065(2)(b), F.S.
18 “Responsible public entity” means a county, municipality, school district, special district, or any other political subdivision of

the state; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or
operate a qualifying project. S. 255.065(1)(j), F.S.
19 “Qualifying project” means a facility or project that serves a public purpose; an improvement, including equipment, of a

building that will be principally used by a public entity or the public at large or that supports a service delivery system in the
public sector; a water, wastewater, or surface water management facility or other related infrastructure; or projects that
involve a facility owned or operated by the governing board of a county, district, or municipal hospital or health care system,
or projects that involve a facility owned or operated by a municipal electric utility, only those projects that the governing
board designates as qualifying projects. S. 255.065(1)(i), F.S.
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CS/CS/CS/HB 1093
Federal Airport Investment Partnership Program

The federal Airport Investment Partnership Program,20 authorizes private companies to own, manage, lease, and
develop public airports. Public airport sponsors and private operators may jointly manage an airport. The airport
owner or leaseholder may be exempt from repayment of federal grants, return of property acquired with federal
assistance, and the use of proceeds from the airport's sale or lease to be used exclusively for airport purposes.21

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 14 Y, 1 N, As CS 1/28/2026 Keating Dallas
Subcommittee
THE CHANGES ADOPTED BY THE  Provided that vertiports that are collocated with a public airport are
COMMITTEE: entitled to sovereign immunity to the same extent as a public airport
operator.
 Provided for future legislative review and repeal of the bill’s liability
immunity provisions.
Ways & Means Committee 18 Y, 0 N, As CS 2/2/2026 Aldridge Kurtz

THE CHANGES ADOPTED BY THE Removed the language creating a sales tax exemption for specified eVTOL
COMMITTEE: expenses
Transportation & Economic 13 Y, 0 N, As CS 2/18/2026 Davis McAuliffe
Development Budget
Subcommittee
THE CHANGES ADOPTED BY THE  Removed the language providing sovereign immunity protections for
COMMITTEE: operators of vertiports collocated with public airports.
 Removed the language providing preemption over specified aspects of
vertiport regulation and operations.
 Removed the requirement that FDOT adopt model vertiport siting code.
 Removed the establishment of vertiport demonstration corridors by
FDOT.
Commerce Committee Hamon Dallas

20 49 U.S.C. s. 47134, the program was previously known as the Airport Privatization Pilot Program.
21 Federal Aviation Administration, Airport Investment Partnership Program, formerly Airport Privatization Pilot Program,

https://www.faa.gov/airports/airport_compliance/privatization (last visit Jan. 23, 2026).
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4
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CS/CS/CS/HB 1093 2026

1 A bill to be entitled
2 An act relating to vertiports; amending s. 255.065,
3 F.S.; revising the definition of the term "qualifying
4 project"; amending s. 332.007, F.S.; revising the
5 definition of the term "airport infrastructure";
6 authorizing the Department of Transportation to fund
7 up to specified percentages of public vertiport
8 project costs; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (i) of subsection (1) of section
13 255.065, Florida Statutes, is amended to read:
14 255.065 Public-private partnerships.—
15 (1) DEFINITIONS.—As used in this section, the term:
16 (i) "Qualifying project" means:
17 1. A facility or project that serves a public purpose,
18 including, but not limited to, any ferry or mass transit
19 facility, vehicle parking facility, airport or seaport facility,
20 rail facility or project, fuel supply facility, oil or gas
21 pipeline, medical or nursing care facility, recreational
22 facility, sporting or cultural facility, or educational facility
23 or other building or facility that is used or will be used by a
24 public educational institution, or any other public facility or
25 infrastructure that is used or will be used by the public at

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26 large or in support of an accepted public purpose or activity;
27 2. An improvement, including equipment, of a building that
28 will be principally used by a public entity or the public at
29 large or that supports a service delivery system in the public
30 sector;
31 3. A water, wastewater, or surface water management
32 facility or other related infrastructure; or
33 4. Notwithstanding any provision of this section, for
34 projects that involve a facility owned or operated by the
35 governing board of a county, district, or municipal hospital or
36 health care system, or projects that involve a facility owned or
37 operated by a municipal electric utility, only those projects
38 that the governing board designates as qualifying projects
39 pursuant to this section; or
40 5. Vertiports and charging systems.
41 Section 2. Paragraph (c) of subsection (2) of section
42 332.007, Florida Statutes, is amended, and paragraph (e) is
43 added to subsection (6) of that section, to read:
44 332.007 Administration and financing of aviation and
45 airport programs and projects; state plan.—
46 (2)
47 (c) Each commercial service airport as defined in s.
48 332.0075 shall establish and maintain a comprehensive airport
49 infrastructure program to ensure the ongoing preservation of
50 airport infrastructure and facilities in safe and serviceable

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51 condition. For purposes of this paragraph, the term "airport
52 infrastructure" means the facilities, systems, and structural
53 components of an airport necessary for the safe and efficient
54 movement of people and goods. The term includes vertiport pads,
55 safety zones, charging systems, grid upgrades, and resilience
56 energy systems. Beginning November 1, 2025, and annually
57 thereafter, each commercial service airport shall provide a
58 certification to the department, in a manner prescribed by the
59 department, that it has established and maintains a
60 comprehensive airport infrastructure program. The comprehensive
61 airport infrastructure program report, and related documents and
62 records, must be open to inspection by the department and
63 maintained by the airport for at least 5 years. The
64 comprehensive airport infrastructure program must, at a minimum,
65 include all of the following:
66 1. Identification of airport infrastructure subject to
67 inspection and the schedule for the completion of such
68 inspections, taking into consideration the age, type, intended
69 use, and criticality of the infrastructure to undisrupted
70 commercial or cargo operations.
71 2. A preventative maintenance program for routine
72 maintenance of airport infrastructure, for both commercial and
73 cargo operations.
74 3. A plan to complete any necessary repairs to, or
75 rehabilitation or reconstruction of, airport infrastructure,

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76 including prioritization and anticipated timeframe for
77 completion of the work.
78 4. A progress report of inspections and their outcomes,
79 preventative maintenance, and previously identified repair to,
80 or rehabilitation or reconstruction of, airport infrastructure.
81 The progress report must include any changes in timeline for
82 completion, changes in cost estimates, and reasons any
83 inspection, preventative maintenance, or repair or
84 rehabilitation did not take place.
85 (6) Subject to the availability of appropriated funds, the
86 department may participate in the capital cost of eligible
87 public-use airport and aviation development projects in
88 accordance with the following rates, unless otherwise provided
89 in the General Appropriations Act or the substantive bill
90 implementing the General Appropriations Act:
91 (e) When federal funds are not available, the department
92 may fund up to 100 percent of the project costs of a public
93 vertiport. If federal funds are available, the department may
94 fund up to 80 percent of the nonfederal share of such project
95 costs.
96 Section 3. This act shall take effect July 1, 2026.

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CS/CS/HB 1177
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 1177 COMPANION BILL: SB 1512 (Burgess)
TITLE: Spaceport Operations and Space Florida LINKED BILLS: HB 1179 Sirois
SPONSOR(S): Sirois RELATED BILLS: None
Committee References
Ways & Means Transportation & Economic Commerce
18 Y, 1 N, As CS  Development Budget 
13 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill provides that Space Florida is not subject to the competitive bidding requirements of s. 255.20, F.S., when
purchasing professional or construction services, or both, using funds that are not appropriated by the Legislature.

The bill also provides that operational oversight, management, and day-to-day administration of each spaceport in
Florida is vested in the spaceport’s director or commander and requires each spaceport to develop and maintain an
operational governance plan consistent with Space Florida’s statewide strategic plan. The bill requires each
spaceport to maintain an updated list of spaceport site readiness development projects and specifies the types of
projects to be included on the list. Additionally, the bill defines the term “quintimodal transportation hub” and
requires Space Florida to enhance and promote development and use of such hubs in Florida.

Fiscal or Economic Impact:
The bill creates new responsibilities and requirements for Florida’s spaceports and Space Florida. The costs of the
reporting, planning, and coordinating requirements provided in the bill will be absorbed within the existing
resources of Florida’s spaceports and Space Florida.
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ANALYSIS
EFFECT OF THE BILL:
The bill provides that Space Florida is not subject to the competitive bidding requirements of s. 255.20, F.S., when
purchasing professional or construction services, or both, using funds that are not appropriated by the Legislature.
The bill requires that for such purchases Space Florida attest in writing that the funds used are not appropriated by
the legislature. (Section 1)

The bill distinguishes the authority of individual spaceports in relation to Space Florida’s authority. In particular,
the bill provides that, notwithstanding any other provision of Space Florida’s governing statutes, authority over the
operational oversight, management, and day-to-day administration of each spaceport shall be vested in the
spaceport director or commander1 for that facility. The bill prohibits Space Florida from exercising direct control
over local operational decisions unless specifically requested in writing by the spaceport director or commander or
required to comply with applicable federal law or regulation. The bill provides that these terms do not diminish
Space Florida’s authority to finance, lease, or own spaceport facilities or to coordinate economic development
initiatives across multiple spaceport territories. Further, the bill specifies that Space Florida is responsible for
statewide strategic planning, financing, economic development, and intergovernmental coordination. These
provisions do not apply to federal property. (Sections 2 and 4)

1 The bill defines "spaceport director or commander" to mean “the individual designated by the governing body, agency, or

military authority of a spaceport territory to administer the operations, maintenance, safety, and local agreements of that
facility.”
STORAGE NAME: h1177c.COM
DATE: 2/20/2026
1
CS/CS/HB 1177

The bill requires each spaceport to develop and maintain an operational governance plan consistent with Space
Florida's statewide strategic plan. Each spaceport must submit its plan annually to Space Florida. The bill provides
that these operational governance plans are not subject to approval by Space Florida. (Section 4)

The bill also requires each spaceport to maintain an updated list of spaceport site readiness development projects
consistent with its operational governance plan and with Space Florida's spaceport master plan. The bill specifies
that the projects to be included on this list include, but are not limited to, utility and commodity supply extension,
transportation infrastructure expansion, environmental reviews, and similar activities that, if completed, will
support the future expansion of spaceport operations and related space and hypersonic industry activities, such as
payload processing, manufacturing, and testing. Each spaceport must submit its project list annually to Space
Florida. (Section 4)

The bill requires Space Florida, in coordination with the Department of Transportation (DOT), metropolitan
planning organizations, and local governments, to enhance and promote the development and use of quintimodal
transportation hubs in this state. The bill defines a quintimodal transportation hub as a spaceport territory within
which interconnected transportation facilities are available to move people or property by means of road, railroad,
airport, seaport, and spaceport facilities. (Sections 2 and 3)

The bill updates cross references to conform to the provisions of the bill. (Sections 5, 6, 7)

The bill is effective July 1, 2026. (Section 8)

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill creates new responsibilities and requirements for Florida’s spaceports and Space Florida. The costs of the
reporting, planning, and coordinating requirements provided in the bill will be absorbed within the existing
resources of Florida’s spaceports and Space Florida.

LOCAL GOVERNMENT:
The bill creates new responsibilities and requirements for spaceports which are controlled by local airport
authorities. The costs of the reporting, planning, and coordinating requirements provided in the bill will be
absorbed within the existing resources of those spaceports.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Space Florida

The Legislature passed the Space Florida Act in 2006,2 which consolidated Florida’s three existing space entities –
Florida Space Authority, Florida Space Research Institute, and Florida Aerospace Finance Corporation – into a
single entity called Space Florida.3 Space Florida is established as an independent special district, a body politic and
corporate, and a subdivision of the state.4 Space Florida is subject to the provisions of the Uniform Special District
Accountability Act, which governs issues like operations, financial reporting, taxation, assessments, elections,
compliance with general law, and comprehensive planning.5

2 Ch. 2006-60, Laws of Fla.
3 See ss. 331.301, F.S., through 331.371, F.S.
4 S. 331.302(1), F.S.
5 S. 331.302(5), F.S.

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Space Florida’s objectives include supporting the growth and development of a sustainable and world-leading
aerospace industry in Florida.6 Space Florida acts as Florida’s point of contact for state aerospace-related activities
with federal agencies, the military, state agencies, businesses, and the private sector.7 Space Florida is authorized
to purchase or construct facilities, set rates, fees, and charges for the use of facilities, undertake joint financing with
municipalities or private sector entities, and execute contracts with persons or spaceport users to facilitate the
financing, construction, leasing, or sale of any project.8

Powers and Duties of Space Florida
Florida law provides certain powers to Space Florida, including, but not limited to:9
 Using a corporate seal;
 Using patents, copyrights, and trademarks;
 Lending and investing money;
 Acquiring certain properties;
 Executing contracts;
 Issuing revenue bonds;
 Making expenditures for entertainment and travel expenses and business clients, guests, and other
authorized persons; and
 Fixing and collecting fees, loan payments, rental payments, and other charges in connection with financing
agreements.

Florida law also gives Space Florida certain duties, including, but not limited to, creating a business plan, entering
into agreements and cooperating with other state agencies, and consulting with appropriate federal agencies.10
Specifically, Space Florida is required to:
 Enter into agreements with the Department of Education, DOT, the Department of Commerce, and
CareerSource Florida.11
 In cooperation with the Department of Commerce, collaborate to develop a plan to retain, expand, attract,
and create aerospace industry entities, public or private, which results in the creation of high-value-added
businesses and jobs in Florida.12
 Develop, in cooperation with the Department of Commerce, a plan to provide financing assistance to
aerospace businesses.13
 Carry out its responsibilities for spaceport operations by:14
o Seeking federal support and developing partnerships to renew and upgrade the infrastructure and
technologies at the Cape Canaveral Air Force Station, the John F. Kennedy Space Center, and the
Eastern Range.
o Supporting federal efforts to clarify roles and responsibilities of federal agencies in an effort to
streamline access for commercial launch users.
o Pursuing the development of commercial spaceports in the state in partnership with counties or
municipalities, the Federal Government, or private entities.
o Promoting and facilitating launch activity within the state by supporting and assisting the efforts of
commercial launch operators to obtain authorization from federal agencies for launching from
Florida.
o Consulting, as necessary, with the appropriate federal, state, and local authorities, including the
National Aeronautics and Space Administration, Federal Aviation Administration, Department of

6 S. 331.302(1), F.S.
7 S. 331.3011(3), F.S.
8 S. 331.305, F.S.
9 Id.
10 S. 331.3051, F.S.
11 S. 331.3051(2), F.S.
12 S. 331.3051(3), F.S.
13 S. 331.3051(6), F.S.
14 S. 331.3051(7), F.S.

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Defense, DOT, Florida National Guard, and industry on establishing and operating spaceport
infrastructure and facilities in the state.

Board of Directors
The Space Florida board of directors is comprised of nine voting members and three ex officio, nonvoting
members. The governor (or designee of the governor) serves ex officio as the chair and a voting member of the
board and appoints five additional voting board members with experience in the aerospace industry, bond finance,
a relevant academic field, or other specified airport or aircraft operations. The remainder of the voting board
members consists of the Secretary of Transportation, one member appointed by the President of the Senate, and
one member appointed by the Speaker of the House of Representatives.

The governor selects the three ex officio, nonvoting members of the board, which consist of a representative of the
Jacksonville Aviation Authority, a representative of the Titusville-Cocoa Airport Authority, and an employee or
official of a port district or port authority.15

Public Works Projects

Chapter 255, F.S., provides the procurement process for public construction works. A public works project is an
activity that is paid for with any state-appropriated funds and involves the construction, maintenance, repair,
renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site
development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical
substation, or other facility, project, or portion thereof owned in whole or in part by any political subdivision.16
Section 255.20, F.S., requires governmental entities to competitively award each project that is estimated to cost
more than $300,000 to an appropriately licensed contractor. For electrical work, a governmental entity must
competitively bid a project that is estimated to cost more than $75,000.17

The term “competitively award” means to award contracts based on the submission of sealed bids, proposals
submitted in response to a request for proposal, proposals submitted in response to a request for qualifications, or
proposals submitted for competitive negotiation.18

Except as required by federal or state law, the state or any political subdivision19 that contracts for a public works
project may not:20
 Prevent a certified, licensed, or registered contractor, subcontractor, or material supplier or carrier, from
participating in the bidding process based on the geographic location of the headquarters or offices of the
party, unless the local government is the sole source of funding for the project;
 Require a contractor, subcontractor, or material supplier or carrier engaged in the project to:
o Pay employees a predetermined amount of wages or prescribe any wage rate;
o Provide employees a specified type, amount, or rate of employee benefits;
o Control, limit, or expand staffing; or
o Recruit, train, or hire employees from a designated, restricted, or single source.
 Prohibit any contractor, subcontractor, or material supplier or carrier from submitting a bid on the project
if such individual is able to perform the work described and is qualified, licensed, or certified as required by
state law.

15 S. 331.3081, F.S.
16 S. 255.0992(1)(b), F.S.
17 S. 255.20(1), F.S.
18 S. 255.20(1), F.S.
19 “Political subdivision” means a separate agency or unit of local government created or established by law or ordinance and

the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department,
commission, authority, school district, taxing district, water management district, board, public corporation, institution of
higher education, or other public agency or body thereof authorized to expend public funds for construction, maintenance,
repair, or improvement of public works. See s. 255.0992(1)(a), F.S.
20 S. 255.0992, F.S.

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Spaceports in Florida
Under Florida law, a spaceport is defined as any area of land or water developed by Space Florida and intended for
public use or for the launching, takeoff, and landing of spacecraft and aircraft, including any appurtenant areas
which are used or intended for public use, for spaceport buildings, or for other spaceport facilities, spaceport
projects, or rights-of-way.21 Florida law designates certain real property within the state as “spaceport territory,”22
including Cape Canaveral Spaceport in Brevard County, Cecil Spaceport in Duval County, Eglin Air Force Base in
Okaloosa County, Cape San Blas in Gulf County, Space Coast Regional Airport and Spaceport in Brevard County,
Homestead Air Reserve Base in Miami-Dade County, and Tyndall Air Force Base in Bay County.23

The Federal Aviation Administration (FAA) is responsible for licensing launch and reentry operations at
commercial spaceports.24 An FAA license is not required for space activities that the federal government carries out
for its own purposes, such as some NASA or U.S. Department of Defense launches.25 Currently, three Florida
spaceports are licensed by the FAA. The Cape Canaveral Spaceport is licensed by the FAA for vertical and
horizontal launch and for reentry operations.26 Cecil Spaceport, operated by the Jacksonville Aviation Authority,
and Space Coast Spaceport, operated by the Titusville-Cocoa Airport Authority, are licensed by the FAA for
horizontal launch operations.27

Spaceport Planning

Space Florida must develop a spaceport master plan for expansion and modernization of space transportation
facilities within spaceport territories. The plan must contain recommended projects to meet current and future
commercial, national, and state space transportation requirements. Further, the plan must identify appropriate
funding levels and include recommendations on appropriate sources of revenue that may be developed to
contribute to the State Transportation Trust Fund.

Space Florida must submit the spaceport master plan to any appropriate metropolitan planning organization for
review of intermodal impacts and to DOT for inclusion in its five-year work program of qualifying aerospace
discretionary capacity improvement projects. Subject to availability of appropriated funds, DOT may participate in
the capital cost of such projects.

Quintimodal Transportation Hubs
Brevard County hosts the world’s only quintimodal transportation hub, providing access to five modes of
transportation: space, air, rail, sea, and road.28

21 S. 331.303(17), F.S.
22 S. 331.304, F.S.
23 Space Florida, Spaceport System Territory, https://www.spaceflorida.gov/spaceport-system-territory (last visited Feb. 19,

2026).
24 U.S. Department of Transportation, Federal Aviation Administration, Commercial Space Transportation Activities,

https://www.faa.gov/newsroom/commercial-space-transportation-activities (last visited Feb. 19, 2026).
25 Id.
26 U.S. Department of Transportation, Federal Aviation Administration, Spaceports by State,

https://www.faa.gov/space/spaceports_by_state#fl_sflc (last visited Feb. 19, 2026).
27 Id.
28 NASA, Partnerships, Partnering with Kennedy Space Center, https://public.ksc.nasa.gov/partnerships/partnering-with-

ksc/benefits-of-partnership/five-modes-of-transportation/ (last visited Feb. 19, 2026).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 18 Y, 1 N, As CS 2/10/2026 Aldridge Berg

THE CHANGES ADOPTED BY THE  Revised sales tax exemption language for clarity;
COMMITTEE:  Provided that authority over operational oversight, management, and
day-to-day administration of each spaceport in Florida is vested in the
spaceport’s director or commander;
 Required each spaceport to develop and maintain an operational
governance plan consistent with Space Florida’s statewide strategic
plan;
 Required each spaceport to maintain an updated list of spaceport site
readiness development projects and specifies the types of projects to
be included on the list;
 Provided that powers and duties specified for spaceports under new
section do not apply to federal property; and
 Defined the term “quintimodal transportation hub” and required Space
Florida to enhance and promote development and use of such hubs in
Florida.
Transportation & Economic 13 Y, 0 N, As CS 2/16/2026 Davis McAuliffe
Development Budget
Subcommittee
THE CHANGES ADOPTED BY THE  Removed the language that certain property being used by a private
COMMITTEE: lessee pursuant to a project authorized by Space Florida may qualify for
a property tax exemption.
 Removed the language that creates a sales tax exemption for certain
machinery and equipment owned by Space Florida and leased pursuant
to a project authorized by Space Florida.
Commerce Committee Hamon Rubottom

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1 A bill to be entitled
2 An act relating to spaceport operations and Space
3 Florida; amending s. 331.302, F.S.; providing that
4 Space Florida is not an agency and is not subject to
5 certain bidding and contract procedures under certain
6 conditions; amending s. 331.303, F.S.; defining the
7 terms "quintimodal transportation hub" and "spaceport
8 director or commander"; amending s. 331.3051, F.S.;
9 requiring Space Florida to enhance and promote the
10 development and use of quintimodal transportation hubs
11 in this state; creating s. 331.3052, F.S.; providing
12 powers and duties of spaceport operators; providing
13 applicability and construction; amending ss. 330.41,
14 331.310, and 692.201, F.S.; conforming cross-
15 references; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (4) of section 331.302, Florida
20 Statutes, is amended to read:
21 331.302 Space Florida; creation; purpose.—
22 (4)(a) Space Florida is not an agency as defined in ss.
23 216.011 and 287.012.
24 (b) Space Florida is not an agency as defined in s.
25 287.055(2)(b) and is not subject to s. 255.20 when it purchases

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26 professional services or construction services, or both, using
27 nonappropriated state funds. Space Florida must attest in
28 writing that such funds are nonappropriated.
29 Section 2. Subsections (15) through (17) and (18) through
30 (21) of section 331.303, Florida Statutes, are renumbered as
31 subsections (16) through (18) and (20) through (23),
32 respectively, and new subsections (15) and (19) are added to
33 that section to read:
34 331.303 Definitions.—
35 (15) "Quintimodal transportation hub" means a spaceport
36 territory within which interconnected transportation facilities
37 are available to move people or property by means of road,
38 railroad, airport, seaport, and spaceport facilities.
39 (19) "Spaceport director or commander" means the
40 individual designated by the governing body, agency, or military
41 authority of a spaceport territory to administer the operations,
42 maintenance, safety, and local agreements of that facility.
43 Section 3. Subsections (16) and (17) of section 331.3051,
44 Florida Statutes, are renumbered as subsections (17) and (18),
45 respectively, and a new subsection (16) is added to that section
46 to read:
47 331.3051 Duties of Space Florida.—Space Florida shall:
48 (16) In coordination with the Department of
49 Transportation, metropolitan planning organizations, and local
50 governments, enhance and promote the development and use of

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51 quintimodal transportation hubs in this state.
52 Section 4. Section 331.3052, Florida Statutes, is created
53 to read:
54 331.3052 Powers and duties of spaceport operators.—
55 (1) Notwithstanding any other provision of this part,
56 authority over the operational oversight, management, and day-
57 to-day administration of each spaceport shall be vested in the
58 spaceport director or commander for that facility.
59 (2) Space Florida shall be responsible for statewide
60 strategic planning, financing, economic development, and
61 intergovernmental coordination, but may not exercise direct
62 control over local operational decisions unless:
63 (a) Specifically requested in writing by the spaceport
64 director or commander; or
65 (b) Required to comply with applicable federal law or
66 regulation.
67 (3) Each spaceport shall develop and maintain an
68 operational governance plan consistent with Space Florida's
69 statewide strategic plan. Such plan must be submitted annually
70 to Space Florida, but is not subject to approval by Space
71 Florida.
72 (4) Each spaceport shall maintain an updated list of
73 spaceport site readiness development projects consistent with
74 its operational governance plan and with Space Florida's
75 spaceport master plan developed under s. 331.360. Such projects

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76 include, but are not limited to, utility and commodity supply
77 extension, transportation infrastructure expansion,
78 environmental reviews, and similar activities that, if
79 completed, will support the future expansion of spaceport
80 operations and related space and hypersonic industry activities
81 including, but not limited to, payload processing, system
82 manufacturing, and testing. Such list must be submitted annually
83 to Space Florida.
84 (5) This section does not diminish Space Florida's
85 authority to finance, lease, or own spaceport facilities or to
86 coordinate economic development initiatives across multiple
87 spaceport territories.
88 (6) The powers and duties provided in this section do not
89 apply to federal property.
90 Section 5. Paragraph (b) of subsection (2) of section
91 330.41, Florida Statutes, is amended to read:
92 330.41 Unmanned Aircraft Systems Act.—
93 (2) DEFINITIONS.—As used in this act, the term:
94 (b) "Critical infrastructure facility" means any of the
95 following, if completely enclosed by a fence or other physical
96 barrier that is obviously designed to exclude intruders, or if
97 clearly marked with a sign or signs which indicate that entry is
98 forbidden and which are posted on the property in a manner
99 reasonably likely to come to the attention of intruders:
100 1. A power generation or transmission facility,

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101 substation, switching station, or electrical control center.
102 2. A chemical or rubber manufacturing or storage facility.
103 3. A water intake structure, water treatment facility,
104 wastewater treatment plant, or pump station.
105 4. A mining facility.
106 5. A natural gas or compressed gas compressor station,
107 storage facility, or natural gas or compressed gas pipeline.
108 6. A liquid natural gas or propane gas terminal or storage
109 facility.
110 7. Any portion of an aboveground oil or gas pipeline.
111 8. A refinery.
112 9. A gas processing plant, including a plant used in the
113 processing, treatment, or fractionation of natural gas.
114 10. A wireless or wired communications facility, including
115 the tower, antennas, support structures, and all associated
116 ground-based equipment.
117 11. A seaport as listed in s. 311.09(1), which need not be
118 completely enclosed by a fence or other physical barrier and
119 need not be marked with a sign or signs indicating that entry is
120 forbidden.
121 12. An inland port or other facility or group of
122 facilities serving as a point of intermodal transfer of freight
123 in a specific area physically separated from a seaport.
124 13. An airport as defined in s. 330.27.
125 14. A spaceport territory as defined in s. 331.303 s.

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126 331.303(19).
127 15. A military installation as defined in 10 U.S.C. s.
128 2801(c)(4) and an armory as defined in s. 250.01.
129 16. A dam as defined in s. 373.403(1) or other structures,
130 such as locks, floodgates, or dikes, which are designed to
131 maintain or control the level of navigable waterways.
132 17. A state correctional institution as defined in s.
133 944.02 or a contractor-operated correctional facility authorized
134 under chapter 957.
135 18. A secure detention center or facility as defined in s.
136 985.03, or a moderate-risk residential facility, a high-risk
137 residential facility, or a maximum-risk residential facility as
138 those terms are described in s. 985.03(44).
139 19. A county detention facility as defined in s. 951.23.
140 20. A critical infrastructure facility as defined in s.
141 692.201.
142 Section 6. Paragraph (e) of subsection (2) of section
143 331.310, Florida Statutes, is amended to read:
144 331.310 Powers and duties of the board of directors.—
145 (2) The board of directors shall:
146 (e) Prepare an annual report of operations as a supplement
147 to the annual report required under s. 331.3051(18) s.
148 331.3051(17). The report must include, but not be limited to, a
149 balance sheet, an income statement, a statement of changes in
150 financial position, a reconciliation of changes in equity

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151 accounts, a summary of significant accounting principles, the
152 auditor's report, a summary of the status of existing and
153 proposed bonding projects, comments from management about the
154 year's business, and prospects for the next year.
155 Section 7. Paragraph (i) of subsection (2) of section
156 692.201, Florida Statutes, is amended to read:
157 692.201 Definitions.—As used in this part, the term:
158 (2) "Critical infrastructure facility" means any of the
159 following, if it employs measures such as fences, barriers, or
160 guard posts that are designed to exclude unauthorized persons:
161 (i) A spaceport territory as defined in s. 331.303 s.
162 331.303(19).
163 Section 8. This act shall take effect July 1, 2026.

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HB 1217
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 1217 COMPANION BILL: CS/SB 1628 (Avila)
TITLE: Prohibited Governmental Policies Regulating LINKED BILLS: None
Greenhouse Gas Emissions RELATED BILLS: None
SPONSOR(S): Snyder and Jacques
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
12 Y, 3 N   11 Y, 4 N  

SUMMARY
Effect of the Bill:
The bill provides a legislative finding that net zero policies, carbon taxes and assessments, and carbon emission
trading programs are detrimental to the energy security and economic interest of the state; establishes certain
prohibitions on a governmental entity adopting, implementing, using government funds to support, or imposing
any tax or assessment to advance such policies; and defines terms related to such prohibitions.

Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on state and local government revenues.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Legislative Findings and Policy

The bill provides a legislative finding that net zero policies, carbon taxes and assessments, and carbon emission
trading programs, commonly known as "cap-and-tax" or "cap-and-trade" programs, are detrimental to this state's
energy security and economic interests. The bill also provides that it is state policy to prohibit the adoption or
implementation of net zero policies by governmental entities, including through government expenditures, taxes,
assessments, or trading programs. (Section 1)

Net-Zero Policies

The bill defines the term “net-zero policies” to mean any target, threshold, initiative, action, framework,
requirement, or policy associated with reducing the use of carbon-intensive products or activities, including a
requirement imposed by a governmental entity that requires:
 The governmental entity to meet a statewide, regional, or geographically specific reduction in greenhouse
gas emissions in an amount equal to zero, or when annual anthropogenic emissions of greenhouse gases
into the atmosphere are balanced by removal over a specific period of time.
 An individual or business activity, including any carbon-intensive activity, to:
o Meet a specific reduction in greenhouse gas emissions in an amount equal to zero, or when annual
anthropogenic emissions of greenhouse gases into the atmosphere are balanced by removal over a
specific period of time.
o Meet any goal of the Paris Agreement, defined as the resolution adopted by the United Nations
Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, or any
similar initiative adopted by the Federal Government or any geopolitical organization affiliated
with the World Bank or World Economic Forum.

STORAGE NAME: h1217d.COM
DATE: 2/20/2026
1
HB 1217
o Support the goal of any regional governing authority or multistate entity that commits to a
reduction in greenhouse gas emissions in an amount equal to zero, or when annual anthropogenic
emissions of greenhouse gases into the atmosphere are balanced by removal over a specific period
of time.
o Restrict any carbon-intensive activity of any individual or business that would otherwise not be
restricted for the sole purpose of meeting net zero policies.
o Prohibit the use, sale, purchase, or exchange of any carbon-intensive product or carbon for the sole
purpose of meeting net zero policies. (Section 1)

Restrictions on Government Actions

Prohibited Government Policies and Programs
The bill provides that a governmental entity may not adopt, or require any individual to adopt, net zero policies
associated with the reduction of carbon-intensive products, including in any comprehensive plans, land
development regulations, transportation plans, or any published or adopted government policy, program, or
procedure. The prohibitions in the bill apply to any proposed action by a governmental entity on or after July 1,
2026, that is not otherwise permissible by general law. (Section 1)

The bill also prohibits a governmental entity from implementing, administering, or enforcing any program that has
the effect of:
 Establishing a statewide, regional, or geographic limit or cap on the amount of greenhouse gas1 emissions2
that results from the use, production, or consumption of any carbon-intensive product or carbon-intensive
activity.
 Providing for the allocation, auction, or transfer of emissions allowances or credits among pollutant
sources as a means of compliance with greenhouse gas emission limits.
 Requiring a governmental entity or any individual in this state to participate in an emissions trading
program. (Section 1)

Prohibited Use of Government Funds
The bill prohibits a governmental entity from using government funds in any manner that supports, implements, or
advances net zero policies, including:
 Through purchasing or procurement preferences for products that are not carbon-intensive or for vehicles
or equipment based solely on the fuel source.
 Using government funds to pay dues for any nongovernmental agency or organization, including any trade
association or organization, that adopts or supports net zero policies. (Section 1)

Prohibited Taxes, Fees, and Charges
The bill prohibits a governmental entity from imposing a tax, fee, penalty, charge, offset, or assessment to advance
net zero policies, including:
 The carbon content of a fuel;
 The emission of greenhouse gases that results from the use, production, or consumption of any good or
service;
 Any carbon-intensive activity; or
 The use, sale, purchase, or exchange of any carbon-intensive product or carbon-intensive activity. (Section
1)

The bill requires each governmental entity to annually submit to the Department of Revenue an affidavit attesting
to compliance with the prohibitions above. (Section 1)

1 For purposes of the bill, the term “greenhouse gases” is defined to include carbon dioxide, methane, nitrous oxide,

hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride.
2 For purposes of the bill, the term “emissions” is defined to mean greenhouse gases released, by any individual or entity, into

the atmosphere or air.
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Definitions

The bill defines terms used in the bill. (Section 1)

Business Activity
The bill provides that the term “business activity” means any activity, or series of activities, that:
 Involves the emission of a greenhouse gas, or a combination thereof.
 Forms a single undertaking or enterprise, taking into account any relevant circumstances. (Section 1)

Carbon-Intensive Activity
The bill provides that the term “carbon-intensive activity” means any business activity, or any other activity
performed by any individual, which supports:
 The movement of individuals or goods through common methods of transportation, including automobiles,
commercial vehicles, freight haulers, aircraft, vessels, pipelines, delivery devices, and other similar
transportation methods. This includes the use of energy resources to power or operate such transportation
methods.
 The creation or transmission of energy resources for the following commercial and residential uses:
electricity; manufacturing; the sustainment of human life, including, but not limited to, refrigeration and
cooling in enclosed or partially enclosed spaces; waste management; and the operation of manufacturing of
appliances for human use.
 The performance of activities to support the production of any carbon-intensive product, including, but not
limited to, farming, agriculture, hunting and gathering, or the taking of fish and wildlife to sustain human
life.
 The use of traditional authorized methods to take fish and wildlife resources.
 The mining, exploration, or manufacturing of products to support the continued livelihood of mankind.
(Section 1)

Carbon-Intensive Product
The bill provides that the term “carbon-intensive product” means any of the following products, including any
product containing a component thereof:
 A product containing iron; steel; steel mill, including, but not limited to, pipes and tubes; aluminum;
cement; glass, including, but not limited to, flat, container, or specialty glass, or fiberglass; oil; minerals;
metals; pulp; and paper.
 Any agricultural commodity or product, whether raw or processed, including any commodity or product
derived from livestock that is marketed in the United States for human or animal consumption. This
includes agricultural, aquacultural, horticultural, viticultural, and dairy products; livestock and the
products thereof; the products of poultry and bee raising; the edible products of forestry; and all products
raised or produced on farms, and processed or manufactured products thereof, transported or intended to
be transported in interstate or foreign commerce. (Section 1)

Governmental Entity
The bill provides that the term “governmental entity” means:
 The state, and any political subdivision thereof, including the executive, legislative, and judicial branches of
state government.
 A county; a municipality; a special district, including an independent community development district, a
neighborhood improvement district, and an independent special district; and any authority, board, or
commission of such governmental entities.
 A state agency, a county agency, or any other entity, however styled, that independently exercises any type
of state or local governmental function, that is subject to ch. 377, F.S. (Section 1)
Government Funds
The bill provides that the term “government funds” means:
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HB 1217
 State funds pursuant to s. 215.31, F.S.,3 and any other moneys of the state.
 Funds of the judicial branch, including any moneys of all officers, employees, and offices of the Supreme
Court, district courts of appeal, circuit courts, county courts, and the Judicial Qualifications Commission.
 Local government funds, including any moneys of a county, municipality, school district, special district,
and any other political subdivision, including a consolidated government, metropolitan government, town,
and village.
 Funds of public officials and constitutional officers.
 State university or Florida College System institution funds.
 Funds of any agency, board, bureau, commission, or institution of any of the foregoing. (Section 1)

Miscellaneous Provisions

The bill makes other conforming changes to limit the power of county or municipal governments in accordance
with the provisions of the bill. (Sections 2, 3, and 4)

The bill provides an effective date of July 1, 2026. (Section 5)

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate negative impact on state government revenues. The bill appears to limit the
ability of state government and state agencies to impose taxes or fees on carbon-intensive products and activities
that are otherwise subject to taxes or fees.

LOCAL GOVERNMENT:
The bill may have an indeterminate negative impact on local government revenues. The bill appears to limit the
ability of local governments to impose taxes or fees on carbon-intensive products and activities that are otherwise
subject to taxes or fees.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Greenhouse Gas

The term “greenhouse gas” (GHG) refers to a category of gases that trap heat in the atmosphere.4 Some GHGs occur
naturally, such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), while others, known as
“fluorinated gases,” are products primarily of household, commercial, and industrial applications and processes
(hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride).5 Each gas’s effect on the
earth’s climate depends on several factors:
 How abundant the gas is in the atmosphere.
 How long the gas stays in the atmosphere.
 How strongly the gas impacts the atmosphere.6

3 S. 215.31, F.S., addresses all revenue, including licenses, fees, imposts, or exactions collected or received under the authority

of the laws of the state by each and every state official, office, employee, bureau, division, board, commission, institution,
agency, or undertaking of the state or the judicial branch.
4 United States Environmental Protection Agency (EPA), Overview of Greenhouse Gases,

https://www.epa.gov/ghgemissions/overview-greenhouse-gases (last visited Feb. 19, 2026).
5 Id.
6 Id.

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The EPA estimated that in 2022, total GHG emissions in the U.S. were 17 percent below 2005 levels, after
accounting for offsets from land management uses.7

Carbon Dioxide
The most common GHG emitted through human activities, carbon dioxide (CO2), is naturally present in the
atmosphere as part of the earth's carbon cycle (the natural circulation of carbon among the atmosphere, oceans,
soil, plants, and animals).8 CO2 is constantly exchanged among the atmosphere, ocean, and land surface as it is both
produced and absorbed by many microorganisms, plants, and animals.9 Emissions and removals of CO2 by these
natural processes tend to balance over time, absent effects related to human activity, such as the combustion of
fossil fuels for energy and transportation.10 Some activity, such as the management of forests and other natural and
agricultural lands, acts as a net sink of CO2, removing and storing in plants and trees more CO2 from the
atmosphere than is emitted.11 Excluding offsets from land management uses, annual CO2 emissions in the U.S.
decreased by 1.5 percent between 1990 and 2022.12

Methane
Methane (CH4) accounts for 12 percent of all U.S. GHG emissions from human activities, but most methane
emission occurs naturally as a result of the normal digestive process of animals, including domestic livestock such
as cattle, swine, sheep, and goats.13 Human activity contributing to the emission of methane includes natural gas
and petroleum systems, as well as waste management, landfills, and wastewater treatment.14 Annual methane
emissions in the U.S. decreased by 19 percent between 1990 and 2022.15

Nitrous Oxide
Nitrous oxide (N2O) is naturally present in the atmosphere from a variety of natural sources, including as part of
the earth's nitrogen cycle, the natural circulation of nitrogen among the atmosphere, plants, animals, and
microorganisms that live in soil and water.16 Human activities that contribute to nitrous oxide emissions include
agriculture (especially the application of synthetic and organic fertilizers and other cropping practices), fuel
combustion, wastewater management, and industrial processes.17 In 2022, nitrous oxide accounted for 6 percent of
all U.S. GHG emissions from human activities, and annual nitrous oxide emissions in the United States decreased by
3 percent between 1990 and 2022.

Fluorinated Gases
Unlike many other GHGs, fluorinated gases have no significant natural sources and come almost entirely from
human-related activities.18 Relative to other GHGs, fluorinated gases also have a higher potential to trap heat in the
atmosphere, and last for much longer in the atmosphere.19 In general, fluorinated gases are the most potent and
longest lasting type of greenhouse gases emitted by human activities, and many fluorinated gases are removed
from the atmosphere only when they are destroyed by sunlight in the upper atmosphere.20

7 EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks, https://www.epa.gov/ghgemissions/inventory-us-greenhouse-

gas-emissions-and-sinks (last visited Feb. 19, 2026).
8 EPA, Carbon Dioxide Emissions, https://www.epa.gov/ghgemissions/carbon-dioxide-emissions#CO2-references (last visited

Feb. 19, 2026).
9 Id.
10 Id.
11 Id.
12 Id.
13 EPA, Methane Emissions, https://www.epa.gov/ghgemissions/methane-emissions (last visited Feb. 19, 2026).
14 Id.
15 Id.
16 EPA, Nitrous Oxide Emissions, https://www.epa.gov/ghgemissions/nitrous-oxide-emissions (last visited Feb. 19, 2026).
17 Id.
18 EPA, Fluorinated Gas Emissions, https://www.epa.gov/ghgemissions/fluorinated-gas-emissions (last visited Feb. 19, 2026).
19 Id.
20 Id.

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There are four main categories of fluorinated gases:
 Hydrofluorocarbons (HFCs), which accounted for 90 percent of fluorinated gas emissions in 2022, are used
as refrigerants, aerosol propellants, foam blowing agents, solvents, and fire retardants in products used by
homes, businesses and industry. The major emissions source of these compounds is their use as
refrigerants—for example, in air conditioning systems in both vehicles and buildings.
 Perfluorocarbons (PFCs) are produced as a byproduct of aluminum production and are used in the
manufacturing of semiconductors.
 Sulfur hexafluoride (SF6) is used in magnesium processing and semiconductor manufacturing, as well as a
tracer gas for leak detection. Sulfur hexafluoride is also used as an insulating gas in electrical transmission
equipment, including circuit breakers.
 Nitrogen trifluoride (NF3) is used in semiconductor manufacturing.21

Fluorinated gas emissions in the U.S. increased by 105 percent between 1990 and 2022, with the increase
primarily driven by a 349 percent increase in emissions of hydrofluorocarbons.22

Net-Zero Policies

“Net-zero” policies aim at achieving a balance between GHGs emitted from human activity and the amount of
carbon dioxide (CO2) removed from the atmosphere.23 Human activities also emit other greenhouse gases,
including methane, nitrous oxide, and fluorinated gases. To compare the climate impacts of different GHGs, their
effects on the climate are commonly expressed relative to CO2 using a metric known as “CO2 equivalent.”24

Net-zero GHG emissions means the combined net emissions of all greenhouse gases, expressed in CO2 equivalents,
equal zero.25 Methods of CO2 removal include natural absorption and storage in forests and other ecosystems as
well as technological removal and storage.26 However, because there are currently no commercially available
methods to remove non-CO2 GHGs from the atmosphere, achieving net-zero GHG emissions requires additional
removal of CO2 to counterbalance emissions of other GHGs.27 Net-zero GHG emissions would therefore be achieved
when total GHG emissions, measured in CO2 equivalents, are offset by removal of CO2 from the atmosphere.28

Carbon Control Policies

Examples of efforts to control GHG emissions released into the atmosphere include carbon taxation and carbon
emission trading (“cap-and-trade”) programs. A carbon tax directly sets a price per unit of emissions, requiring
companies to pay a fee based on the amount of greenhouse gases they emit.29 The price is usually expressed as a
monetary unit per ton of CO2 equivalent.30

21 Id.
22 Id.
23 Jonathan D. Haskett, U.S. Congressional Research Service (CRS), Climate Change: What Are Net-Zero Emissions?, 1 (Sep. 4,

2024), available at https://www.congress.gov/crs_external_products/IF/PDF/IF12753/IF12753.2.pdf (last visited Feb. 19,
2026).
24 Id.
25 Id.
26 Id.
27 Id.
28 Haskett, Climate Change: What Are Net-Zero Emissions?, supra note 23 at 1.
29 Noah Kaufman, World Research Institute, Carbon Tax vs. Cap-and-Trade: What’s a Better Policy to Cut Emissions, (Mar. 1,

2016) https://www.wri.org/insights/carbon-tax-vs-cap-and-trade-whats-better-policy-cut-emissions (last visited Feb. 19,
2026).
30 World Bank Group, State and Trends of Carbon Pricing, 15 (2024), available at

https://openknowledge.worldbank.org/entities/publication/b0d66765-299c-4fb8-921f-61f6bb979087 (last visited Feb. 19,
2026).
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In a cap-and-trade system, a governmental entity or other authority sets an emissions cap and issues a fixed
quantity of emission allowances.31 Covered entities must hold sufficient allowances to account for the greenhouse
emissions they produce. These entities can buy and sell allowances from each other based on their need. This
supply and demand dynamic establishes a market price for carbon.32 Cap-and-trade programs have been
implemented in several U.S. jurisdictions.33 For example, the Regional Greenhouse Gas Initiative is a cooperative
effort among several participating U.S. states to cap and reduce power sector CO2 emissions.34 The initiative
establishes a regional CO2 emissions cap, implemented through individual state CO2 budget trading programs, and
requires regulated fossil-fuel-fired power plants to hold allowances equal to their emissions. Allowances are
distributed through quarterly regional auctions, with proceeds used by states to support energy efficiency,
renewable energy, and other consumer benefit programs.35

There are 75 carbon tax and emissions trading systems in operation worldwide, covering approximately 24
percent of global emissions.36

Environmental Regulations

Federal Activity Regulating Greenhouse Gas
The U.S. Congress originally passed the Clean Air Act (CAA) in 1970 to protect public health and welfare by
requiring the U.S. Environmental Protection Agency (EPA) to establish national ambient air quality standards for
certain common and widespread pollutants.37 Under the CAA, the EPA has set air quality standards for six common
pollutants: particulate matter (also known as particle pollution), ozone, sulfur dioxide, nitrogen dioxide, carbon
monoxide, and lead.38 The CAA requires states to adopt enforceable plans to achieve and maintain air quality
meeting the air quality standards.39

In 2009, the EPA issued a final order finding that then-current and projected concentrations of six GHGs—carbon
dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and
sulfur hexafluoride (SF6)—in the atmosphere threaten the public health and welfare.40 The EPA also found that the
combined emissions of these GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG
pollution that threatens public health and welfare.41 On August 1, 2025, the EPA issued a proposed rule rescinding
the 2009 findings, with a proposed finding that the CAA “does not authorize the EPA to prescribe emission

31 Michigan State University (MSU), State Cap-and-Trade Programs, 2 (Nov. 2023), available at

https://www.canr.msu.edu/fccp/Uploads/Files/2b.%20Cap%20and%20Trade_FINAL_v2.pdf (last visited Feb. 19, 2026). See,
e.g., EPA, What is Emissions Trading?, https://www.epa.gov/emissions-trading/what-emissions-trading (last visited Feb. 19,
2026).
32 Id.
33 States with cap-and-trade programs include California, Oregon, Washington, and those states participating in the Regional

Greenhouse Gas Initiative, namely Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, Rhode Island, and Vermont. MSU, State Cap-and-Trade Programs, supra note 31, at 7-13.
34 Regional Greenhouse Gas Initiative (RGGI), Elements of RGGI, https://www.rggi.org/program-overview-and-

design/elements (last visited Feb. 19, 2026). Participating states include Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont. Id.
35 Id.
36 World Bank Group, State and Trends of Carbon Pricing, supra note 30, at 9, 18, 22.
37 EPA, Clean Air Act Requirements and History, https://www.epa.gov/clean-air-act-overview/clean-air-act-requirements-and-

history (last visited Feb. 19, 2026).
38 Id.
39 Id.
40 EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,

https://www.epa.gov/climate-change/endangerment-and-cause-or-contribute-findings-greenhouse-gases-under-section-
202a (last visited Feb. 19, 2026).
41 Id.

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standards to address global climate change concerns,” and on that basis, proposed repealing all GHG emissions
standards for vehicles.42

Florida Energy and Climate Regulations
Florida’s state energy policy is to ensure an adequate, reliable, and cost-effective supply of energy for the state in a
manner that promotes the health and welfare of the public and economic growth.43 The Legislature intends that
governance of the state’s energy policy be efficiently directed toward achieving this purpose.44 The state’s energy
policy is guided by the following goals:
 Ensuring a cost-effective and affordable energy supply.
 Ensuring adequate supply and capacity.
 Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse supply of domestic
energy resources.
 Protecting public safety.
 Protecting the state’s natural resources, including its coastlines, tributaries, and waterways.
 Supporting economic growth.45

In furtherance of these goals, it is the policy of the state to:
 Promote the cost-effective development and use of a diverse supply of domestic energy resources in the
state and discourage energy waste.
 Promote the cost-effective development and maintenance of energy infrastructure that is resilient to
natural and manmade threats to the security and reliability of the state’s energy supply.
 Reduce reliance on foreign energy resources.
 Include energy reliability and security considerations in all state, regional, and local planning.
 Utilize and manage effectively energy resources used within state agencies.
 Encourage local governments to include energy considerations in all planning and to support their work in
promoting energy management programs.
 Include the full participation of citizens in the development and implementation of energy programs.
 Consider in its decisions the energy needs of each economic sector, including residential, industrial,
commercial, agricultural, and governmental uses, and reduce those needs whenever possible.
 Promote energy education and the public dissemination of information on energy and its impacts in
relation to the state’s energy goals.
 Encourage the research, development, demonstration, and application of domestic energy resources,
including the use of renewable energy resources.
 Consider the impacts of energy-related activities on the state’s energy goals, including the whole-life-cycle
impacts of any potential energy use choices, so that detrimental effects of these activities are understood
and minimized.
 Develop and maintain energy emergency preparedness plans to minimize the effects of an energy shortage
within this state.46

Florida law includes a number of provisions addressing matters related to global climate change, greenhouse
gases, and carbon offset programs. For example:
 Florida law preempts the authority of local governments to adopt policies aimed at restricting the ability of
certain utility and energy entities to choose the types and fuel sources of energy production which may be
used or supplied.47 However, while a local government’s ability to restrict others is preempted, Florida law

42 EPA, Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards, 90 Fed. Reg. 146, Aug. 1, 2025,

available at https://www.govinfo.gov/content/pkg/FR-2025-08-01/pdf/2025-14572.pdf (last visited Feb. 19, 2026).
43 S. 377.601(1), F.S.
44 Id.
45 S. 377.601(2), F.S.
46 S. 377.601(3), F.S.
47 S. 366.032, F.S.

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does not prevent a municipality or governmental entity which owns or operates and directly controls an
electric or natural gas utility from passing rules, regulations, or policies governing the utility.48
 The Executive Office of the Governor may, in the state comprehensive plan, include goals, objectives, and
policies related to global climate change.49
 The Division of State Lands,50 in its annual work plan, must consider as a category for land conservation
expenditures a climate-change category list of lands where acquisition or other conservation measures will
address the challenges of global climate change, such as through protection, restoration, mitigation, and
strengthening of Florida's land, water, and coastal resources.51 This category includes lands that provide
opportunities to sequester carbon, provide habitat, protect coastal lands or barrier islands, and otherwise
mitigate and help adapt to the effects of sea-level rise and meet other objectives of the program.52
 The Board of Trustees of the Internal Improvement Trust Fund53 must adopt rules that pertain to the use of
state lands for carbon sequestration, carbon mitigation, or carbon offsets and that provide for climate-
change-related benefits.54

Local Green Initiatives and Sustainability Plans
Some local governments in Florida have adopted plans aimed at reducing GHG emissions. For example:
 Leon County has adopted an Integrated Sustainability Action Plan with the goal of reducing “harmful GHG
emissions stemming from [c]ounty operations that contribute to changing climate,” with a target of
achieving 30 percent reduction by 2030 from a 2015 baseline, primarily through energy efficiency in
county buildings, fleet electrification and fuel efficiency, waste reduction, sustainable purchasing, and
public education on energy efficiency.55
 The City of Doral’s Citywide Integrated Sustainability Plan sets a goal of reducing GHG emissions by 10-15
percent by 2050 through preserving greenspaces, enhancing public transportation, and creating energy
efficiency standards for buildings, transportation, and infrastructure.56
 Alachua County’s Climate Action Plan includes a goal to reduce GHG emissions by 80 percent by 2050, from
a 2009 baseline, with objectives targeting energy efficiency in private as well as county government
buildings, renewable energy generation, education and public information, and intergovernmental and
community collaboration.57

Other climate action plans are the product of collaborations between city, county, and non-profit entities. For
example, the Southeast Florida Regional Climate Change Compact (SFRCCC) is led by Broward, Miami-Dade,
Monroe, and Palm Beach Counties, in partnership with various stakeholders, including a climate-focused non-

48 S. 366.032(3), F.S.
49 S. 186.007(3), F.S.
50 The Florida Department of Environmental Protection’s (FDEP) Division of State Lands is Florida’s lead agency for

environmental management and stewardship, administers the state’s land acquisition program Florida Forever, and serves as
staff to the Governor and Cabinet as they act in their role as the Board of Trustees of the Internal Improvement Trust Fund. See
FDEP, Division of State Lands, https://floridadep.gov/lands (last visited Feb. 19, 2026); S. 216.0153, F.S.
51 S. 259.105(17)(d), F.S.
52 Id.
53 The Internal Improvement Trust Fund is a fund into which is deposited revenues from the sale, use, or lease of state lands,

and is to be used for the acquisition, management, administration, protection, and conservation of state-owned lands. S.
253.01, F.S.
54 S. 259.105(5)(c), F.S.
55 Leon County, Integrated Sustainability Action Plan, 5-24 (April 2019), available at

https://cms.leoncountyfl.gov/Portals/0/DeptFiles/Sustain/Docs/isap.pdf (last visited Feb. 19, 2026).
56 City of Doral, Resolution No. 24-222, Ex. A (July 2024), available at https://www.cityofdoral.com/files/assets/city/v/1/city-

hall/city-clerk/resolutions-archived/2024/res.-no.-24-222-adoption-citywide-integrated-sustainability-plan-cisp.pdf (last
visited Feb. 19, 2026).
57 Alachua County, Alachua County Climate Action Plan, 2-3, 15-189 (2025), available at

https://www.alachuacounty.us/Depts/epd/Documents/ADACompliant/Alachua-County-Climate-Action-
Plan_Final_29Oct25.pdf (last visited Feb. 19, 2026).
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profit58 and certain planning councils, chambers of commerce, economic councils, and private companies.59 SFRCCC
adopted the Southeast Florida Priority Climate Action Plan, a regional GHG reduction plan establishing GHG
emission reduction targets for participating counties and outlining strategies to achieve those targets.60 These
strategies include transitioning government fleets to electric alternatives, including work trucks, buses, and refuse
vehicles; expanding publicly available electric vehicle charging infrastructure; increasing public transit ridership;
leveraging existing residential programs that reduce greenhouse gas emissions through building improvements;
promoting commercial equipment and building upgrades; and diverting organic waste from landfills, among other
measures.61 The plan is funded in part by the EPA’s Climate Pollution Reduction Grants program, which in turn was
funded by the Inflation Reduction Act passed by the U.S. Congress in 2022.62

International Climate Agreements
One example of an international agreement establishing goals for global temperature stabilization is the Paris
Agreement. The Paris Agreement is an international treaty with a stated goal of strengthening the global response
to the threat of climate change through a number of efforts, including the reduction of GHG emissions.63 The Paris
Agreement’s goal is to hold the increase in the global average temperature to well below 2 degrees Celsius above
pre-industrial levels and pursue efforts to limit the temperature increase to 1.5 degrees Celsius above pre-
industrial levels.64 The agreement does not include mandatory targets or timetables for parties to reduce their
emissions. Instead, parties to the agreement submit nationally determined contributions (NDCs) every five years
and pursue mitigation measures with the aim of achieving the objectives of such contributions.65

The Paris Agreement was adopted by 195 parties at the United Nations Climate Change Conference in Paris on
December 12, 2015, and took effect on November 4, 2016.66 The U.S. joined the Paris Agreement in September
201667 but subsequently withdrew.68

58 The Institute for Sustainable Communities (ISC) is a non-profit partner of the SFRCCC, and its stated mission is “to develop

practical, lasting solutions that build climate-resilient communities in the U.S. and across the world.” ISC, About Us,
https://sustain.org/about-us/ (last visited Feb. 19, 2026).
59 SFRCC, Partners, https://southeastfloridaclimatecompact.org/partners/ (last visited Feb. 19, 2026).
60 SFRCC, Southeast Florida Priority Climate Action Plan, (March 2024), available at

https://southeastfloridaclimatecompact.org/wp-content/uploads/2024/03/Southeast-Florida-Priority-Climate-Action-
Plan_FinaL2024.pdf (last visited Feb. 19, 2026).
61 Id. at 27-46.
62 See id. at page v; Inflation Reduction Act of 2022, Pub. L. 117-169, 136 Stat. 1818 (Aug. 16, 2022).
63 Paris Agreement to the United Nations Framework Convention on Climate Change (UNFCCC), art. 2 (Dec. 12, 2015),

available at https://unfccc.int/sites/default/files/english_paris_agreement.pdf (last visited Feb. 19, 2026). The Paris
Agreement is part of the UNFCCC, a framework established in 1992 for coordinated global action “to combat climate change
and its impact on humanity and ecosystems.” UN Climate Change (UNCC), The Convention,
https://unfccc.int/resource/bigpicture/ (last visited Feb. 19, 2026).
64 UNFCCC Paris Agreement, supra note 63, at art. 2.1.
65 Id. at 4.2, 4.9. The United States, during its participation in the Paris Agreement, established an NDC with an economy-wide

target of reducing its net greenhouse gas emissions by 61-66 percent below 2005 levels in 2035. See UNFCCC, The United
States of America—Nationally Determined Contribution, 2 (2024), available at https://unfccc.int/sites/default/files/2024-
12/United%20States%202035%20NDC.pdf (last visited Feb. 19, 2026).
66 See UNCC, The Paris Agreement, https://unfccc.int/process-and-meetings/the-paris-agreement (last visited Feb. 19, 2026).
67 UN Treaty Collection, Chapter XXVII: Environment, 7.d, Paris Agreement (Sept. 3, 2016), available at

https://treaties.un.org/doc/Publication/CN/2016/CN.612.2016-Eng.pdf (last visited Feb. 19, 2026).
68 On November 4, 2019, the U.S. formally notified the UN Secretary General of its withdrawal. Michael, R. Pompeo, U.S.

Secretary of State, On the U.S. Withdrawal from the Paris Agreement, Nov. 4, 2019, available at https://2017-2021.state.gov/on-
the-u-s-withdrawal-from-the-paris-agreement/ (last visited Feb. 19, 2026). The U.S. rejoined the Agreement on February 19,
2021. Antony J. Blinken, U.S. Secretary of State, The United States Officially Rejoins the Paris Agreement, https://2021-
2025.state.gov/the-united-states-officially-rejoins-the-paris-agreement/ (last visited Feb. 19, 2026). On January 20, 2025,
President Donald J. Trump issued an executive order directing the withdrawal from the Agreement. Putting America First in
International Environmental Agreements, 90 Fed. Reg. 8455 (Jan. 20, 2025), also available at
https://www.whitehouse.gov/presidential-actions/2025/01/putting-america-first-in-international-environmental-
agreements/ (last visited Feb. 19, 2026).
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Local Government Authority

The Florida Constitution grants county and municipal governments broad home rule authority. Specifically, non-
charter county governments may exercise those powers of self-government that are provided by general or special
law.69 Those counties operating under a county charter have all powers of self-government not inconsistent with
general law or special law approved by vote of the electors.70 Likewise, municipalities71 have those governmental,
corporate, and proprietary powers enabling them to conduct municipal government, perform their functions and
provide services, and exercise any power for municipal purposes, except as otherwise provided by law.72

A “special district” is a unit of local government created for a particular purpose, with jurisdiction to operate within
a limited geographic boundary.73 Special districts are created by general law,74 special act,75 local ordinance,76 or by
rule of the Governor and Cabinet.77 A special district has only those powers expressly provided by, or reasonably
implied from, the authority provided in the district’s charter. Special districts provide specific municipal services in
addition to, or in place of, those provided by a municipality or county.78 As of January 25, 2026, there are 601 active
dependent79 special districts and 1,486 active independent special districts in Florida.80

State Preemption

Local governments have broad authority to legislate on any matter that is not inconsistent with federal or state
law. A local government enactment may be inconsistent with state law if (1) the Legislature "has preempted a
particular subject area" or (2) the local enactment conflicts with a state statute. State preemption precludes a local
government from exercising authority in that particular area.81

Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred.82 Express preemption of a field by the Legislature must be
accomplished by clear language stating that intent.83 In cases where the Legislature expressly or specifically
preempts an area, there is no problem with ascertaining what the Legislature intended.84 In cases determining the

69 Art. VIII, s. 1(f), Fla. Const.
70 Art. VIII, s. 1(g), Fla. Const.
71 A municipality is a local government entity created to perform functions and provide services for the particular benefit of

the population within the municipality, in addition to those provided by the county. The term “municipality” may be used
interchangeably with the terms “town,” “city,” and “village.”
72 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
73 See Halifax Hospital Medical Center v. State of Fla., et al., 278 So. 3d 545, 547 (Fla. 2019).
74 S. 189.031(3), F.S.
75 Id.
76 S. 189.02(1), F.S.
77 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
78 Local Gov’t Formation Manual, p. 56, available at

https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3304&Session=20
25&DocumentType=General+Publications&FileName=Local+Government+Formation+Manual+%5b2024-2026%5d.pdf (last
visited Feb. 19, 2026).
79 Dependent special districts are under some control by a single county or municipality. S. 189.012(2), F.S. An independent

special district is any district that is not a dependent special district. S. 189.012(3), F.S. A special district that includes more
than one county is independent unless it lies wholly within the boundaries of a single municipality.
80 Florida Department of Commerce, Official List of Special Districts,

https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Feb. 19, 2026).
81 Wolf, The Effectiveness of Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009), available at

https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-analysis/ (last
visited Feb. 19, 2026).
82 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), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
83 Mulligan, 934 So. 2d at 1243.
84 Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).

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validity of ordinances enacted in the face of state preemption, the effect has been to find such ordinances null and
void.85

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 12 Y, 3 N 2/4/2026 Keating Rubottom
Subcommittee
Intergovernmental Affairs 11 Y, 4 N 2/12/2026 Darden Burgess
Subcommittee
Commerce Committee Hamon Rubottom

85 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).

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HB 1217 2026

1 A bill to be entitled
2 An act relating to prohibited governmental policies
3 regulating greenhouse gas emissions; creating s.
4 377.816, F.S.; providing legislative findings;
5 providing definitions; prohibiting governmental
6 entities from adopting certain net zero policies;
7 prohibiting governmental entities from using
8 government funds in any manner that supports,
9 implements, or advances certain net zero policies;
10 prohibiting governmental entities from imposing a tax,
11 fee, penalty, charge, offset, or assessment to advance
12 certain net zero policies; requiring each governmental
13 entity to annually submit to the Department of Revenue
14 a certain affidavit; prohibiting governmental entities
15 from implementing, administering, or enforcing certain
16 programs; providing applicability; amending ss.
17 125.01, 166.021, and 166.201, F.S.; conforming
18 provisions to changes made by the act; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 377.816, Florida Statutes, is created
24 to read:
25 377.816 Prohibiting the adoption or implementation of net

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26 zero policies by governmental entities.—
27 (1)(a) The Legislature finds that net zero policies,
28 carbon taxes and assessments, and carbon emission trading
29 programs, commonly known as "cap-and-tax" or "cap-and-trade"
30 programs, are detrimental to this state's energy security and
31 economic interests.
32 (b) It is the policy of this state to adopt and promote
33 energy policy goals consistent with the energy policy of this
34 state, as set forth in s. 377.601, and to prohibit the adoption
35 or implementation of net zero policies by a governmental entity,
36 including through government expenditures, taxes, assessments,
37 or trading programs.
38 (2) As used in this section:
39 (a) "Business activity" means any activity, or series of
40 activities, that:
41 1. Involves the emission of a greenhouse gas, or a
42 combination thereof.
43 2. Forms a single undertaking or enterprise, taking into
44 account any relevant circumstances.
45 (b) "Carbon-intensive activity" means any business
46 activity, or any other activity performed by any individual,
47 which supports:
48 1. The movement of individuals or goods through common
49 methods of transportation, including automobiles, commercial
50 vehicles, freight haulers, aircraft, vessels, pipelines,

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51 delivery devices, and other similar transportation methods. This
52 includes the use of energy resources to power or operate such
53 transportation methods.
54 2. The creation or transmission of energy resources for
55 the following commercial and residential uses: electricity;
56 manufacturing; the sustainment of human life, including, but not
57 limited to, refrigeration and cooling in enclosed or partially
58 enclosed spaces; waste management; and the operation of
59 manufacturing of appliances for human use.
60 3. The performance of activities to support the production
61 of any carbon-intensive product, including, but not limited to,
62 farming, agriculture, hunting and gathering, or the taking of
63 fish and wildlife to sustain human life.
64 4. The use of traditional authorized methods to take fish
65 and wildlife resources.
66 5. The mining, exploration, or manufacturing of products
67 to support the continued livelihood of mankind.
68 (c) "Carbon-intensive product" means any of the following
69 products, including any product containing a component thereof:
70 1. A product containing iron; steel; steel mill,
71 including, but not limited to, pipes and tubes; aluminum;
72 cement; glass, including, but not limited to, flat, container,
73 or specialty glass, or fiberglass; oil; minerals; metals; pulp;
74 and paper.
75 2. Any agricultural commodity or product, whether raw or

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76 processed, including any commodity or product derived from
77 livestock that is marketed in the United States for human or
78 animal consumption. This includes agricultural, aquacultural,
79 horticultural, viticultural, and dairy products; livestock and
80 the products thereof; the products of poultry and bee raising;
81 the edible products of forestry; and all products raised or
82 produced on farms, and processed or manufactured products
83 thereof, transported or intended to be transported in interstate
84 or foreign commerce.
85 (d) "Emissions" means greenhouse gases released, by any
86 individual or entity, into the atmosphere or air.
87 (e) "Governmental entity" means:
88 1. The state, and any political subdivision thereof,
89 including the executive, legislative, and judicial branches of
90 state government.
91 2. A county; a municipality; a special district, including
92 an independent community development district, a neighborhood
93 improvement district, and an independent special district; and
94 any authority, board, or commission of such governmental
95 entities.
96 3. A state agency, a county agency, or any other entity,
97 however styled, that independently exercises any type of state
98 or local governmental function, that is subject to this chapter.
99 (f) "Government funds" means:
100 1. State funds pursuant to s. 215.31, and any other moneys

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101 of the state.
102 2. Funds of the judicial branch, including any moneys of
103 all officers, employees, and offices of the Supreme Court,
104 district courts of appeal, circuit courts, county courts, and
105 the Judicial Qualifications Commission.
106 3. Local government funds, including any moneys of a
107 county, municipality, school district, special district, and any
108 other political subdivision, including a consolidated
109 government, metropolitan government, town, and village.
110 4. Funds of public officials and constitutional officers.
111 5. State university or Florida College System institution
112 funds.
113 6. Funds of any agency, board, bureau, commission, or
114 institution of any of the foregoing.
115 (g) "Greenhouse gases" means:
116 1. Carbon dioxide.
117 2. Methane.
118 3. Nitrous oxide.
119 4. Hydrofluorocarbons.
120 5. Perfluorocarbons.
121 6. Sulphur hexafluoride.
122 7. Nitrogen trifluoride.
123 (h) "Net zero policies" means any target, threshold,
124 initiative, action, framework, requirement, or policy associated
125 with reducing the use of carbon-intensive products or

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126 activities, including a requirement imposed by a governmental
127 entity that requires:
128 1. The governmental entity to meet a statewide, regional,
129 or geographically specific reduction in greenhouse gas emissions
130 in an amount equal to zero, or when annual anthropogenic
131 emissions of greenhouse gases into the atmosphere are balanced
132 by removal over a specific period of time.
133 2. An individual or business activity, including any
134 carbon-intensive activity, to:
135 a. Meet a specific reduction in greenhouse gas emissions
136 in an amount equal to zero, or when annual anthropogenic
137 emissions of greenhouse gases into the atmosphere are balanced
138 by removal over a specific period of time.
139 b. Meet any goal of the Paris Agreement, defined as the
140 resolution adopted by the United Nations Framework Convention on
141 Climate Change's 21st Conference of Parties in Paris, France, or
142 any similar initiative adopted by the Federal Government or any
143 geopolitical organization affiliated with the World Bank or
144 World Economic Forum.
145 c. Support the goal of any regional governing authority or
146 multistate entity that commits to a reduction in greenhouse gas
147 emissions in an amount equal to zero, or when annual
148 anthropogenic emissions of greenhouse gases into the atmosphere
149 are balanced by removal over a specific period of time.
150 d. Restrict any carbon-intensive activity of any

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151 individual or business that would otherwise not be restricted
152 for the sole purpose of meeting net zero policies; however, this
153 sub-subparagraph does not legalize any activity that would
154 otherwise be considered illegal activity.
155 e. Prohibit the use, sale, purchase, or exchange of any
156 carbon-intensive product or carbon for the sole purpose of
157 meeting net zero policies; however, this sub-subparagraph does
158 not legalize any activity that would otherwise be considered
159 illegal activity.
160 (3) A governmental entity may not adopt, or require any
161 individual to adopt, net zero policies. This prohibition
162 includes, but is not limited to, references to, or the inclusion
163 of, such policies in comprehensive plans, land development
164 regulations, transportation plans, or any published or adopted
165 government policy, program, or procedure.
166 (4) A governmental entity may not use government funds in
167 any manner that supports, implements, or advances net zero
168 policies, including, but not limited to:
169 (a) Providing procurement or purchasing preferences for
170 products that are not carbon-intensive products.
171 (b) Providing purchasing preferences for passenger
172 vehicles, commercial vehicles, or heavy equipment based solely
173 on the fuel source.
174 (c) Using government funds to pay dues for any
175 nongovernmental agency or organization, including any trade

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176 association or organization, that adopts or supports net zero
177 policies.
178 (5)(a) A governmental entity may not impose a tax, fee,
179 penalty, charge, offset, or assessment to advance net zero
180 policies, including, but not limited to:
181 1. The carbon content of a fuel;
182 2. The emission of greenhouse gases that results from the
183 use, production, or consumption of any good or service;
184 3. Any carbon-intensive activity; or
185 4. The use, sale, purchase, or exchange of any carbon-
186 intensive product or carbon-intensive activity.
187 (b) Each governmental entity shall annually submit to the
188 Department of Revenue an affidavit, signed under penalty of
189 perjury by an authorized official of the governmental entity,
190 attesting to compliance with this paragraph (a).
191 (6) A governmental entity may not implement, administer,
192 or enforce any program that has the effect of:
193 (a) Establishing a statewide, regional, or geographic
194 limit or cap on the amount of greenhouse gas emissions that
195 results from the use, production, or consumption of any carbon-
196 intensive product or carbon-intensive activity.
197 (b) Providing for the allocation, auction, or transfer of
198 emissions allowances or credits among pollutant sources as a
199 means of compliance with greenhouse gas emission limits.
200 (c) Requiring a governmental entity or any individual in

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201 this state to participate in an emissions trading program.
202 (7) This section applies to any proposed action by a
203 governmental entity on or after July 1, 2026, that is not
204 otherwise permissible by general law.
205 Section 2. Paragraphs (g), (h), and (r) of subsection (1)
206 of section 125.01, Florida Statutes, are amended to read:
207 125.01 Powers and duties.—
208 (1) The legislative and governing body of a county shall
209 have the power to carry on county government. To the extent not
210 inconsistent with general or special law, this power includes,
211 but is not restricted to, the power to:
212 (g) Prepare and enforce comprehensive plans for the
213 development of the county, to the extent such plans do not
214 contain the prohibitions in s. 377.816.
215 (h) Establish, coordinate, and enforce zoning and such
216 business regulations as are necessary for the protection of the
217 public, to the extent such zoning and business regulations do
218 not include the prohibitions in s. 377.816.
219 (r) Levy and collect taxes, both for county purposes and
220 for the providing of municipal services within any municipal
221 service taxing unit, and special assessments; borrow and expend
222 money; and issue bonds, revenue certificates, and other
223 obligations of indebtedness, excluding the prohibitions in s.
224 377.816, which power shall be exercised in such manner, and
225 subject to such limitations, as may be provided by general law.

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226 A There shall be no referendum is not required for the levy by a
227 county of ad valorem taxes, both for county purposes and for the
228 providing of municipal services within any municipal service
229 taxing unit.
230 1. Notwithstanding any other provision of law, a county
231 may not levy special assessments on lands classified as
232 agricultural lands under s. 193.461 unless the revenue from such
233 assessments has been pledged for debt service and is necessary
234 to meet obligations of bonds or certificates issued by the
235 county which remain outstanding on July 1, 2023, including
236 refundings thereof for debt service savings where the maturity
237 of the debt is not extended. For bonds or certificates issued
238 after July 1, 2023, special assessments securing such bonds may
239 not be levied on lands classified as agricultural under s.
240 193.461.
241 2. The provisions of Subparagraph 1. does do not apply to
242 residential structures and their curtilage.
243 Section 3. Subsection (2) of section 166.021, Florida
244 Statutes, is amended to read:
245 166.021 Powers.—
246 (2) "Municipal purpose" means any activity or power which
247 may be exercised by the state or its political subdivisions. The
248 term does not include any activity or power exercised relating
249 to the prohibitions in s. 377.816.
250 Section 4. Section 166.201, Florida Statutes, is amended

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251 to read:
252 166.201 Taxes and charges.—Subject to the prohibitions in
253 s. 377.816, a municipality may raise, by taxation and licenses
254 authorized by the constitution or general law, or by user
255 charges or fees authorized by ordinance, amounts of money which
256 are necessary for the conduct of municipal government and may
257 enforce their receipt and collection in the manner prescribed by
258 ordinance not inconsistent with law.
259 Section 5. This act shall take effect July 1, 2026.

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Commerce Committee

HB 1217 by Reps. Snyder and Jacques
Prohibited Governmental Policies Regulating
Greenhouse Gas Emissions

AMENDMENT SUMMARY
February 24, 2026

Amendment #987875 by Rep. Jacques (line 27):
• Revises and clarifies legislative findings.
• Revises definition of the term “net zero policy,” and amends other definitions.
• Clarifies prohibited actions and policies of governmental entities.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (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 lines 27-204 and insert:
6 (1) The Legislature finds that net zero policies, carbon
7 taxes and assessments, and emission trading programs are
8 detrimental to this state's energy security and economic
9 interests and inconsistent with the energy policy and the
10 environmental policy of this state.
11 (2) As used in this section:
12 (a) “Emission trading program,” also known as a “cap-and-
13 tax” or “cap-and-trade” program, means any program that
14 establishes a greenhouse gas emission limit for a particular
15 activity and provides for the allocation, auction, sale, or

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (2026)
Amendment No.

16 transfer of emissions allowances or credits among pollutant
17 sources as a means of compliance with such limits.
18 (b) “Governmental entity” has the same meaning as in s.
19 215.985.
20 (c) “Greenhouse gas” means any of the following gases, or
21 a combination thereof:
22 1. Carbon dioxide.
23 2. Methane.
24 3. Nitrous oxide.
25 4. Hydrofluorocarbons.
26 5. Perfluorocarbons.
27 6. Sulphur hexafluoride.
28 7. Nitrogen trifluoride.
29 (d) “Public funds” means all moneys under the jurisdiction
30 or control of a governmental entity.
31 (e) “Net zero policy” means any policy, program, or
32 initiative designed to achieve a balance between total amount of
33 greenhouse gas emitted into the atmosphere with an equal amount
34 removed from the atmosphere.
35 (3) A governmental entity may not enact or enforce, or
36 require any person or legal entity to enact or enforce, a
37 resolution, ordinance, rule, code, or policy to support a net
38 zero policy, including as a condition of any contract or
39 agreement between the governmental entity and a third party.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (2026)
Amendment No.

40 (4) A governmental entity may not use, pay, or distribute
41 public funds in any manner that supports, implements, or
42 advances a net zero policy by doing any of the following:
43 (a) Providing procurement or purchasing preferences for a
44 product or vendor on the basis that the procurement or purchase
45 of such product or from such vendor will advance or support a
46 net zero policy.
47 (b) Providing procurement or purchasing preferences for
48 any goods, including, but not limited to, vehicles, equipment,
49 appliances, or other products, based solely on the types or
50 sources of fuel used by, or used in the production of, such
51 goods.
52 (c) Using public funds to pay dues, membership fees,
53 subscription fees, or charitable contributions to any
54 nongovernmental agency or other private organization, including
55 any trade association or organization, that:
56 1. Adopts a net zero policy;
57 2. Requires adoption of, or any commitment to support, a
58 net zero policy as a condition of membership or of receiving any
59 benefit of membership; or
60 3. Uses such funds to advocate for a net zero policy.
61 (5)(a) A governmental entity may not impose any charge,
62 including a tax, fee, penalty, offset, or assessment, to advance
63 a net zero policy, including, but not limited to:
64 1. A charge based on the carbon content of a fuel.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (2026)
Amendment No.

65 2. A charge based on the emission of greenhouse gases that
66 results from the use, production, or consumption of any product,
67 service, or activity.
68 3. A charge assessed in connection with an emission
69 trading program.
70 (b) Each governmental entity shall annually submit to the
71 Department of Revenue an affidavit, signed under penalty of
72 perjury by an authorized official of the governmental entity,
73 attesting to compliance with this subsection.
74 (6) A governmental entity may not implement, administer,
75 or enforce any program or join any organization that has a
76 policy of:
77 (a) Establishing a statewide, regional, or geographic
78 limit or cap on the amount of greenhouse gas emissions that
79 results from the use, production, or consumption of any product
80 or from any activity.
81 (b) Requiring or incentivizing a governmental entity or
82 any person in this state to participate in an emissions trading
83 program.
84 (7) The restrictions of this section do not prevent:
85 (a) The board of a municipality or governmental entity
86 which owns or operates and directly controls an electric or
87 natural gas utility from passing rules, regulations, or policies
88 governing the utility.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (2026)
Amendment No.

89 (b) The Public Service Commission from exercising its
90 powers and duties to regulate public utilities in accordance
91 with applicable law.
92 (c) A governmental entity from otherwise exercising its
93 authority as provided by general law, including by implementing
94 energy policies consistent with the energy policies set forth in
95 s. 377.601 or implementing local and regional air and water
96 pollution control programs consistent with the environmental
97 policies set forth in s. 403.021.
98 (8) This section applies to any proposed action by a
99 governmental entity on or after July 1, 2026, that is not
100 otherwise permissible by general law.
101
102 -----------------------------------------------------
103 T I T L E A M E N D M E N T
104 Remove lines 8-16 and insert:
105 public funds in any manner that supports, implements,
106 or advances certain net zero policies; prohibiting
107 governmental entities from imposing any charge to
108 advance certain net zero policies; requiring each
109 governmental entity to annually submit to the
110 Department of Revenue a certain affidavit; prohibiting
111 governmental entities from implementing,
112 administering, or enforcing certain programs;

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1217 (2026)
Amendment No.

113 providing construction; providing applicability;
114 amending ss.

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CS/HB 1233
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 1233 COMPANION BILL: CS/CS/SB 1220 (Massullo)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): Griffitts and Conerly RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
15 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill addresses several matters related to state transportation policy, including:
 Duties of the Florida Greenways and Trails Council;
 Seaport planning, and expansion of Florida’s maritime industrial base;
 Expansion of the areas within which personal delivery devices may operate;
 Impact of drone delivery services on minimum parking space requirements on commercial property;
 Clarification regarding the use of paratransit services;
 Airport investments, security, and planning;
 Expansion of the Florida Department of Transportation’s powers, duties, and responsibilities related to
advanced air mobility corridor connection points, promotion of development opportunities and advanced
air mobility, review of local government applications for federal funding, operation and maintenance of
research facilities, and LiDAR procurement and cost sharing; and
 Limitations on the consideration of nonpecuniary factors in taxpayer-funded project development and
environmental studies.

The bill also makes shooting or throwing a dangerous projectile into an occupied or unoccupied autonomous
vehicle a second-degree felony and makes the willful or malicious defacement of, injury to, or damage to an
autonomous vehicle a third-degree felony in certain circumstances.

Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill addresses several areas related to state transportation policy.

Florida Greenways and Trails Council

The bill requires the Florida Greenways and Trails Council1 to meet within 90 days after the Florida Department of
Transportation (FDOT) submits its report summarizing the status of the Florida Shared-Use Nonmotorized Trail

1 The Florida Greenways and Trails Council is a body tasked with advising the Florida Department of Environmental

Protection (FDEP) on greenway and trail related issues, promoting intergovernmental cooperation and private partnerships
for developing the greenways and trails system, recommending priorities for critical links in the system, and providing
funding recommendations for developing and managing the system. FDEP, Florida Greenways and Trails Council,
https://floridadep.gov/parks/ogt/content/florida-greenways-and-trails-council (last visited Feb. 19, 2026). See also, S.
260.0142, F.S.
STORAGE NAME: h1233a.COM
DATE: 2/20/2026
1
CS/HB 1233
Network2 and to update its recommendations for prioritization of regionally significant trails within the network.
(Section 1)

Seaports

Seaport Planning
The bill requires Florida’s public seaports to provide strategies for obtaining and maintaining critical
infrastructure resources3 for the port and its tenants. The bill requires that such strategies must include long-term
contracts, rights of first refusal regarding the sale or lease of property storing such resources, and contingency
plans for obtaining such resources. (Section 2)

Seaport Maritime Industrial Base
The bill requires FDOT to coordinate with the Florida Department of Commerce, Florida’s public seaports, the U.S.
Department of Commerce, and the U.S. Department of War to identify and prioritize key maritime components of
the supply chain essential to strengthening and expanding Florida’s maritime industrial base. The bill also requires
Florida’s seaports to support projects evaluated by FDOT that directly support the construction, maintenance, and
modernization of commercial and military vessels. The bill requires that projects be evaluated based on the return
on invested capital, job creation, contribution to the economic competitiveness of the state, and support for the
national security interests of the U.S., as well as anticipated enhancements of the state’s commercial maritime
abilities. (Section 3)

Vehicle Regulation

Personal Delivery Devices
The bill expands the definition of personal delivery devices (PDDs) to include devices that operate at a maximum
speed of 20 miles per hour on bicycle lanes, bicycle paths, or shoulders on streets, roadways, or highways,
excluding limited access facilities.4 The bill also makes conforming changes to clarify that PDDs may be operated in
such areas. (Sections 4, 5, and 6)

Commercial Drone Delivery
The bill clarifies that, except as otherwise expressly provided, a political subdivision may not withhold any
conditional use approval to a drone delivery service on a commercial property or enact or enforce an ordinance or
resolution that prohibits a drone delivery service’s operation. (Section 7)

The bill also provides that the addition of a drone delivery service within the parking area of a commercial
property does not reduce the number of parking spaces for the purpose of meeting applicable minimum parking
requirements.5 (Section 7)

Paratransit Services
The bill clarifies that paratransit services provided pursuant to a contract with FDOT are for persons with
disabilities. (Section 14)

2 S. 339.81(8), F.S., requires FDOT, in coordination with FDEP, to submit a report every three years.
3 For purposes of the bill, the term “critical infrastructure resources” includes, but is not limited to, access to electricity, fuel,

and water resources.
4 Florida law defines “limited access facility” to mean a street or highway especially designed for through traffic, and over,

from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air, or view
by reason of the fact that their property abuts upon such limited access facility or for any other reason. S. 334.03(12), F.S.
5 Authority over minimum parking requirements is a power generally left to local governments and municipalities. See Art.

VIII, s. 2(b); s. 166.021, F.S. However, local governments must adhere to the requirements and limitations of applicable law,
such as the requirements for accessible parking spaces for persons with disabilities provided in Florida law and the federa
Americans with Disabilities Act (ADA). See s. 553.5041, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/HB 1233
Commercial Service Airports

Airport Investments
The bill authorizes FDOT to plan and direct investments in airport systems in the state to facilitate the efficient
movement of passengers and cargo and to continuously improve the experience for the flying public and the
supply chain of this state's businesses. (Section 8)

Airport Security
The bill requires FDOT to coordinate with commercial service airports in this state to review U.S. Transportation
Security Administration policies and programs to increase the efficiency of passenger screening and the overall
customer service experience of the flying public. (Section 9)

Airport Duties
The bill requires commercial service airports to provide methods for obtaining and maintaining critical
infrastructure resources6 for the airport, its tenants, and the traveling public. Such strategies must include long-
term contracts and rights of first refusal regarding the sale of and contingency plans for such resources. (Section
10)

FDOT Powers and Authority

The bill revises the powers and duties granted to FDOT. Specifically, the bill authorizes FDOT to:
 Designate land areas and transportation facilities as advanced air mobility corridor connection points7;
 Acquire promotional items, as part of public information and education campaigns, for transportation
economic development opportunities and for advanced air mobility. The bill removes authority for FDOT to
acquire such promotional items for electric vehicle charging stations.
 Operate and maintain research facilities designated by FDOT and to conduct and enter into contracts and
agreements for compensation for conducting research by FDOT and private entities.
 Conduct and enter into contracts and agreements for research and demonstration projects relative to
innovative transportation technologies.
 Coordinate with local governments to review and develop applications for federal funding to ensure that
each project will have the maximum benefit to the state transportation system, contributing to congestion
relief and infrastructure improvements.
 Serve as the point of contact for statewide topographical aerial light detection and ranging (LiDAR)
procurement and cost sharing related to statewide geographic information systems and geospatial data
sharing. (Sections 11 and 12)

FDOT Project Development and Environment Studies

The bill establishes a state policy that nonpecuniary factors are not considerations in FDOT’s taxpayer-funded
project development and environmental studies. For purposes of the bill, the term “nonpecuniary factor” includes
any of the following:
 Considerations related to social justice, including diversity, equity, and inclusion or the placement of
highways or transportation facilities having a disproportionate effect or impact on a specific demographic;
 Considerations related to environmental justice, including the social or cultural environment being
impacted by the actions;
 Sociocultural effect evaluations; or

6 See definition of “critical infrastructure resources,” supra note 3.
7 The bill defines the term “advanced air mobility corridor connection point” to mean any land area or transportation facility,

including any airspace, designated by the department as suitable to support the efficient movement of people and goods by
use as a connection point for advanced air mobility.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 1233
 Additional considerations related to climate alarmism, including any benchmark, standard, threshold, goal,
or requirement related to emissions, motor vehicle fuel sources, decarbonization, and net-zero policies.8
(Section 13)

The bill requires that, to the extent that consideration of nonpecuniary factors is a requirement of federal law or is
a condition of receipt of federal transportation funding, a governmental entity9 must include the following in any
publication, document, report, presentation, webpage, or digital application:
 A written statement that federal law requires such considerations as part of the project development and
environmental study in question and a reference to such federal law.
 The amount of taxpayer funding required to make such considerations, including the approximate increase
in costs related to nonpecuniary factors.
 The estimated cost increase for all project phases for the overall recommended project when nonpecuniary
factors are considered. (Section 13)

Criminal Violations

The bill provides that it is a second-degree felony to wantonly or maliciously shoot, or to throw any hard substance
which would produce death or great bodily harm, at, within, or into any occupied or unoccupied autonomous
vehicle. (Section 15)

The bill provides that anyone who willfully or maliciously defaces, injures, or damages any autonomous vehicle10
commits a third-degree felony of criminal mischief, if the damage to the autonomous vehicle is greater than $200.
(Section 16)

Miscellaneous Provisions

The bill makes conforming changes. (Sections 17 through 28)

The bill provides an effective date of July 1, 2026. (Section 29)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Department of Transportation

The Florida Department of Transportation (FDOT) is an executive agency responsible for providing a safe
statewide transportation system that promotes the efficient movement of people and goods, supports the state’s
economic competitiveness, prioritizes Florida’s environment and natural resources, and preserves the quality of
life and connectedness of the state’s communities.11

8 For purposes of the bill, the term "net-zero policies" means achieving a balance between the total amount of greenhouse

gases released into the atmosphere and the amount removed, but the term does not include standard reviews related to
section 4(f) requirements in federal law, which protect park and recreation lands, wildlife and waterfowl refuges, and historic
sites during transportation development. See Federal Highway Administration, Section 4(f) Tutorial,
https://www.environment.fhwa.dot.gov/env_topics/4f_tutorial/overview.aspx?h=e#h (last visited Feb. 19, 2026).
9 The term “governmental entity” is defined to mean a unit of government, or any officially designated public agency or

authority of a unit of government, that has the responsibility for planning, construction, operation, or maintenance or
jurisdiction over transportation facilities; the term includes the Federal Government, the state government, a county, an
incorporated municipality, a metropolitan planning organization, an expressway or transportation authority, a road and
bridge district, a special road and bridge district, and a regional governmental unit. S. 334.03(11), F.S.
10 The bill defines the term “autonomous vehicle” by cross-reference to s. 316.003, F.S., which defines it to mean any vehicle

equipped with an automated driving system. S. 316.003(3)(a), F.S.
11 S. 20.23, F.S.; FDOT, About FDOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Feb. 19, 2026).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 1233
FDOT Research Facilities
Florida law grants FDOT the power to conduct research studies, research and demonstration projects, and to
collect data necessary for the improvement of the state transportation system.12 FDOT’s Research Center Office
oversees the agency’s research program and contracts with state universities and other research service providers
to conduct research in all areas of transportation.13 The Research Center also participates in pooled fund studies
with other state transportation agencies and contributes to national studies on subjects of benefit to Florida.
FDOT's research program contributes to increasing the safety, reliability, capacity, and efficiency of Florida's
transportation system.

Additionally, FDOT operates the SunTrax Transportation Testing Center, a facility located in Polk County dedicated
to the research, development and testing of emerging transportation technologies in safe and controlled
environments.14 SunTrax serves as a premier facility for advancing transportation technology through
comprehensive vehicle testing, research, and industry engagement.15 Through SunTrax, FDOT is also investing in
facilities to test and develop advanced air mobility (AAM) technology.16

FDOT Project Development and Environment Studies
FDOT conducts project development and environment (PD&E) studies to determine the location and conceptual
design of feasible build alternatives for roadway improvement projects as well as their social, economic, and
environmental effects.17 Throughout each study, a no-build alternative, where roads are left in their present state
with routine maintenance, remains a viable alternative. A PD&E study is finalized when the Federal Highway
Administration reviews the study’s documentation and recommendations and provides a Location and Design
Concept Acceptance.18 Florida law requires that PD&E studies for capacity improvement projects on limited access
facilities must include the evaluation of alternatives that provide transportation capacity using elevated roadway
above existing lanes.19 Additionally, PD&E studies for new alignment projects and capacity improvement projects
must be completed to the maximum extent possible within 18 months after the date of commencement.20

Under Florida law, FDOT has the power to assume the responsibilities of the U.S. Department of Transportation
with respect to highway projects within the state under the National Environmental Policy Act21 (NEPA) and with
respect to related responsibilities for environmental review, consultation, or other action required under any
federal environmental law pertaining to review or approval of a highway project within the state.22 FDOT
maintains a Project Development and Environment Manual as its procedure for complying with NEPA and other
applicable federal and state laws and regulations.23 FDOT’s PD&E studies satisfy federal NEPA requirements, but
even if a project does not use federal funds, FDOT policy requires a PD&E study to meet similar state requirements
and to maintain eligibility for potential federal funding.24

12 S. 334.044(20)-(21), F.S.
13 FDOT, Research Center, https://www.fdot.gov/research/default.shtm (last visited Feb. 19, 2026).
14 ITS Florida, SunTrax, Dec. 11, 2018, https://www.itsflorida.org/suntrax (last visited Feb. 19, 2026).
15 SunTrax, Facility Usage, https://suntraxfl.com/about-us/facility-usage/ (last visited Feb. 19, 2026).
16 SunTrax, SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Feb. 19, 2026).
17 FDOT District 7, What is a PD&E Study?, https://www.fdotd7studies.com/projects/what-is-a-pde-study/, (last visited Feb.

19, 2026).
18 Id.
19 S. 334.63(1), F.S.
20 S. 334.63(2), F.S.
21 National Environmental Policy Act of 1969, U.S.C. § 4321 et. seq (2025). NEPA was the first major environmental law in the

United States. It establishes a national policy for the environment, and it requires federal agencies to assess the environmental
effects of proposed actions prior to making decisions. See NEPA.gov, Homepage, https://ceq.doe.gov/index.html (last visited
Feb. 19, 2026).
22 S. 334.044(34), F.S. See also, FDOT, Office of Environmental Management, NEPA Assignment,

https://www.fdot.gov/environment/oem-divisions/qa-qc/nepa-assignment. (last visited Feb. 19, 2026).
23 FDOT, Project Development and Environment (PD&E) Manual, https://www.fdot.gov/environment/pde-manual/pdeman-

current (last visited Feb. 19, 2026).
24 DOT District 7, What is a PD&E Study?, supra note 17; FDOT, Frequently Asked Questions for the Local Agency Program,

https://www.fdot.gov/programmanagement/lap/faq.shtm (last visited Feb. 19, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
CS/HB 1233

Recent Federal Activity Related to NEPA and Environmental Studies
There have been recent shifts related to NEPA interpretation and implementation as a consequence of executive,
regulatory, and judicial decisions.

The Council on Environmental Quality (CEQ) was established by NEPA in 1970 and is housed within the Executive
Office of the President to consult and coordinate with federal agencies, provide guidance on the implementation of
NEPA to ensure timely environmental review and permitting processes across the federal government, and to
advise and assist the President on policies that promote the improvement of environmental quality, while
supporting the economic prosperity and energy security of the American people.25 Historically, the CEQ issued
guidance and regulations outlining how federal agencies can comply with NEPA.26 CEQ’s regulations were treated
as carrying the force of agency rulemaking and binding on federal agencies, influencing the rulemaking decisions of
other agencies.27 Agencies adopted their own NEPA implementation procedures and submitted them to CEQ for
review.28

During the Obama and Biden presidencies, executive orders and CEQ regulations expanded the scope of NEPA
analyses conducted by federal agencies to prioritize consideration of greenhouse gas emissions and the effect of
climate change; require consideration of direct, indirect, and cumulative environmental impacts; and to promote
environmental justice as a goal in NEPA implementation.29 In President Trump’s terms, executive orders and CEQ
guidance rescinded those Obama- and Biden-era directives in an effort to reduce NEPA’s regulatory and fiscal
burdens and to promote efficiency and economic growth.30

Additionally, two recent federal court decisions have altered the landscape of NEPA regulations. First, in 2024, the
U.S. Court of Appeals for the District of Columbia found that the CEQ had no lawful authority to promulgate binding
regulations and called into question whether agency rules issued to comply with such CEQ rules were a
permissible exercise of rulemaking authority.31 As a result of this decision, on January 8, 2026, the CEQ issued a
final rule rescinding all NEPA-implementing regulations, finding that neither NEPA nor any other federal statute
gives the CEQ power to issue binding NEPA regulations, much less legislative rules with the force of law.32

In a second federal court case, decided in 2025, the U.S. Supreme Court found that judicial review of NEPA cases
had, over the years, imposed additional substantive requirements on federal agencies to comply with NEPA, stating
that “[a] 1970 legislative acorn has grown over the years into a judicial oak that has hindered infrastructure
development ‘under the guise’ of just a little more process,” and finding that “[a] course correction of sorts is
appropriate to bring judicial review under NEPA back in line with the statutory text and common sense.”33 The
court found that NEPA grants agencies discretion to weigh environmental consequences of a proposed action as
the agency reasonably sees fit under its governing statute and applicable laws, and that the role of the courts in

25 The White House, Council on Environmental Quality, https://www.whitehouse.gov/ceq/ (last visited Feb. 19, 2026).
26 Harvard Law School, Envtl. & Energy Law Program, NEPA Environmental Review Requirements,

https://eelp.law.harvard.edu/tracker/nepa-environmental-review-requirements/ updated Jan. 21, 2026 (last visited Feb. 19,
2026).
27 Marin Audubon Society v. FAA, 121 F. 4th 902, 910-14 (D.C. Cir. 2024);
28 Id.
29 See Harvard Law School, NEPA Environmental Review Requirements, supra note 26; Dr. Jalonne L. White-Newsome, A New

Environmental Justice Playbook for Federal Agencies, Nov. 3, 2023, available at
https://bidenwhitehouse.archives.gov/ceq/news-updates/2023/11/03/a-new-environmental-justice-playbook-for-federal-
agencies/ (last visited Feb. 19, 2026).
30 Harvard Law School, NEPA Environmental Review Requirements, supra note 26.
31 Marin Audubon Society v. FAA, 121 F. 4th at 914-15.
32 Removal of National Environmental Policy Act Implementing Regulations, 91 Fed. Reg. 618 (Jan. 8, 2026) (to be codified at

40 C.F.R. parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 1508).
33 Seven Cty. Infrastructure Coal. v. Eagle Cty, Colo., 605 U.S. 168, 184 (2025).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
CS/HB 1233
judicial review is to show deference to the agency’s decision as to the scope and contents of its environmental
study.34

Commercial Seaport Activity

Florida Seaports
Florida has 16 publicly owned seaports located around the state.35 The governing board of each seaport is a
government entity, either a county or city department, an independent special district, or an independent port
authority. Florida law establishes the Florida Seaport Transportation and Economic Development (FSTED) Council,
comprised of the port directors of each of Florida’s sixteen seaports, along with representatives from FDOT and the
Department of Commerce.36

Maritime Industrial Base
The term “maritime industrial base” refers to the commercial infrastructure and resources supporting the nation’s
shipbuilding and repair industry both for commercial as well as military purposes. In 2024, the Maritime Industrial
Base (MIB) Program was created within the U.S. Navy with a mission to ensure the nation’s industrial base is
prepared, capable, and resilient enough to meet the Navy’s long-term fleet requirements across submarines,
surface combatants, and the full spectrum of maritime platforms.37 In the MIB Program, the U.S. Navy coordinates
with industry and state-level partners to invest in surface shipbuilding and munitions production, bringing
together necessary suppliers, technologies, and workforce partners to create a unified effort to modernize and
grow the nation’s shipbuilding capacity, preparedness, and resilience.38 In 2025, the MIB Program’s supply chain
expansion and stabilization efforts managed 169 projects totaling $648 million across 32 states and engaged over
40,000 K-12 students through MIB-aligned education programs across 30 states.39

On April 1, 2025, President Donald J. Trump issued an executive order outlining a policy and plan to revitalize and
rebuild domestic maritime industries and workforce to promote national security and economic prosperity.40 The
order required various federal agencies, including Transportation, Commerce, Treasury, Homeland Security, and
the military, to coordinate on a plan to encourage and support workforce development and infrastructure
investment aimed at revitalizing U.S. shipbuilding-related industries.41

Commercial Service Airport Security

Commercial Service Airports
Florida law defines the term “commercial service airport” to mean an airport providing commercial service,
including large, medium, small, and nonhub airports as classified by the Federal Aviation Administration (FAA),

34 Id. at 173, 179-80, 192; Id. at 169 (holding that “courts should afford substantial deference and should not micromanage

those agency choices so long as they fall within a broad zone of reasonableness”).
35 Florida’s sixteen seaports are Port of Pensacola, Port Panama City, Port of Port St. Joe, Port Citrus, Port Tampa Bay, Port St.

Pete, Seaport Manatee, Port of Key West, PortMiami, Port Everglades, Port of Palm Beach, Port of Fort Pierce, Port Canaveral,
Port Putnam, Jaxport, and Port of Fernandina. Florida Seaport Transportation and Economic Development Council, 2025-2029
Seaport Mission Plan, at page 6, available at https://flaports.org/wp-content/uploads/2025_SeaportMissionPlan.pdf (last
visited Feb. 19, 2026).
36 Id. at page 3.; see also s. 311.09(1), F.S.
37 U.S. Navy, Maritime Industrial Base, 2025 Maritime Industrial Base Program: Year in Review, at page 4.

https://www.secnav.navy.mil/rda/mib/Documents/2025%20Year%20in%20Review%20Report.pdf (last visited Feb. 19,
2026).
38 Id. at 4-5.
39 Id. at 7-9.
40 White House, Executive Order, Restoring America’s Maritime Dominance, Apr. 9, 2025,

https://www.whitehouse.gov/presidential-actions/2025/04/restoring-americas-maritime-dominance/ (last visited Feb. 19,
2026).
41 Id.

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and the term includes all public airports with at least 2,500 passenger boardings each year and receiving scheduled
passenger aircraft service.42

As of 2025, Florida had 20 commercial service airports.43 These airports are St Pete-Clearwater International, in
Clearwater; Daytona Beach International, in Daytona Beach; Fort Lauderdale/Hollywood International and Fort
Lauderdale Exec, in Fort Lauderdale; Southwest Florida International, in Fort Myers; Gainesville Regional, in
Gainesville; Jacksonville International, in Jacksonville; Key West International, in Key West; Melbourne Orlando
International, in Melbourne; Miami International, in Miami; Orlando International, in Orlando; Northwest Florida
Beaches International, in Panama City; Pensacola International, in Pensacola; Punta Gorda Airport, in Punta Gorda;
Orlando Sanford International, in Sanford; Sarasota-Bradenton International, in Sarasota; Tallahassee
International, in Tallahassee; Tampa International, in Tampa; Eglin AFB/Destin-Ft Walton Beach, in Valparaiso;
Vero Beach Regional, in Vero Beach; and Palm Beach International, in West Palm Beach.44

U.S. Transportation Security Administration (TSA)
The U.S. Transportation Security Administration (TSA) was created in the wake of the September 11, 2001,
terrorist attacks in New York, Pennsylvania, and Virginia.45 The TSA’s mission is to protect the nation's
transportation systems to ensure freedom of movement for people and commerce.46 TSA conducts security
screening services at commercial airports, now screening all passengers into, out of, and within the United States.47
However, TSA maintains a Screening Partnership Program (SPP) under which airport operators can apply to
receive security screening services from a qualified private company operating under a contract with TSA and in
compliance with applicable TSA security screening procedures.48

Currently, there are three Florida airports receiving security screening services from private providers under the
TSA’s SPP program: Orlando Sanford International, in Sanford; Punta Gorda Airport, in Punta Gorda; and Sarasota-
Bradenton International, in Sarasota.49

Vehicle Regulation

Personal Delivery Devices
Under current Florida law, a personal delivery device (PDD) is an electrically powered device that:
 Is operated on sidewalks and crosswalks and intended primarily for transporting property;
 Has a weight that does not exceed the maximum weight established by FDOT rule;
 Has a maximum speed of 10 miles per hour; and
 Is equipped with technology to allow for operation of the device with or without the active control or
monitoring of a natural person.50

PDDs are not considered vehicles unless expressly defined by law as such.51 PDDs do not have any dimensional
requirements under current Florida law. A PDD may operate on sidewalks and crosswalks where it has all the

42 S. 332.0075(1)(a), F.S.; 47 U.S.C. § 47102(7). The FAA classifies airports as commercial, reliever, and general aviation

airports. See FAA, Airport Categories, https://www.faa.gov/airports/planning_capacity/categories (last visited Feb. 19, 2026).
43 FAA, National Plan of Integrated Airport Systems (2025-2029) – Appendix A: List of NPIAS Airports, available at

https://www.faa.gov/sites/faa.gov/files/airports/planning_capacity/npias/current/ARP-NPIAS-2025-2029-Appendix-A.pdf
(last visited Feb. 19, 2026).
44 Id.
45 TSA, Mission, https://www.tsa.gov/about/tsa-mission (last visited Feb. 19, 2026).
46 Id.
47 U.S. Dep’t of Homeland Security, Transportation Security, https://www.dhs.gov/topics/transportation-security (last visited

Feb. 19, 2026).
48 TSA, Screening Partnership Program, https://www.tsa.gov/for-industry/screening-partnerships (last visited Feb. 19, 2026).
49 Id.
50 S. 316.003(59), F.S.
51 Id.

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rights and duties applicable to a pedestrian, except that a PDD may not unreasonably interfere with pedestrians or
traffic and must yield the right-of-way to pedestrians on the sidewalk or crosswalk.52

A PDD must obey all official traffic and pedestrian control signals and devices, display identifying information, and
be equipped with a braking system.53 Under current Florida law, a PDD may not:
 Operate on a public highway except to the extent necessary to cross a crosswalk;
 Operate on a sidewalk or crosswalk unless the PDD operator is actively controlling or monitoring its
navigation and operation; or
 Transport hazardous materials.54

Advanced Air Mobility

Advanced air mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability.55

Numerous uses for AAM are being explored, including air taxi, air cargo, or public services. Air taxi uses feature
passenger transportation within and around urban and regional areas, including routes connecting city centers to
airports or to neighboring city centers. Air cargo uses feature cargo transportation supporting the middle-mile of
logistics, generally seen as from the cargo port to the distribution center. Public service uses, such as search and
rescue, disaster relief, and air ambulance operations are other catalysts for innovation in AAM.

FDOT is currently laying the groundwork to build an intercity AAM “Aerial Highway Network” to connect major
metropolitan areas across Florida.56 In addition to performing research and development at its SunTrax test facility
to accelerate operational viability, FDOT is developing custom curriculums to establish unique requirements for
licensing to safely operate within the AAM Network.57

SunTrax, located in Polk County, has been designated as the research and development testing hub of the Florida’s
AAM program.58 Early development phases of vertiport demonstration will consist of a passenger terminal, at-
grade vertiports, access roads with vehicle staging, eVTOL59 parking positions and charging station, and research
and development hangar.60

Criminal Violations

Shooting or Throwing Into Dwellings, Buildings, and Vehicles
Florida law provides that it is a second-degree felony to wantonly or maliciously shoot, or to throw any hard
substance which would produce death or great bodily harm, at, within, or in:
 Any public or private building, whether occupied or unoccupied;

52 S. 316.008(7), F.S.
53 S. 316.2071, F.S.
54 Id.
55 Federal Aviation Administration, Advanced Air Mobility: Air Taxis, https://www.faa.gov/air-taxis (last visited Feb. 19, 2026).
56 FDOT, From the Ground to the Skies: Florida’s Aerial Highway Network, November 2025, available at

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/aviation/aam/fdot-2025-advanced-
mobility_strategy.pdf?sfvrsn=19eb551c_1 (last visited Feb. 19, 2026).
57 Id.
58 Central Florida Development Council, SunTrax Named Florida’s Home for Advanced Air Mobility, Positioning Polk as Statewide

Innovation Leader, Nov. 18, 2025, https://www.cfdc.org/suntrax-named-floridas-home-for-advanced-air-mobility-
positioning-polk-as-statewide-innovation-leader/ (last visited Feb. 19, 2026).
59 The term “eVTOL” refers to electric-powered aircraft that vertically take off and land, typically designed to carry two to six

people, including a pilot. See Matthew Urwin, What are eVTOLs? Are They the Future of Aviation? Electricity-powered Flying
Taxis are Almost Ready for Liftoff, updated Sep. 12, 2025, available at https://builtin.com/articles/evtol-aircraft (last visited
Feb. 19, 2026).
60 SunTrax, SunTrax Air, https://suntraxfl.com/suntrax-air/ (last visited Feb. 19, 2026).

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 Any vehicle of any kind which is being used or occupied by any person;
 Any boat, vessel, ship, or barge lying in or plying the waters of this state; or
 Any aircraft flying through the airspace of the state.61

Criminal Mischief
A person commits criminal mischief by willfully and maliciously injuring or damaging any real or personal
property of another, including by vandalism or graffiti.62 If the damage is $200 or less, the offense is a second-
degree misdemeanor; if it is between $200 and $1000, the offense is a first-degree misdemeanor; if the damage is
$1,000 or greater, or if it causes interruption or impairment of a business operation or any public service which
costs $1,000 or more in labor and supplies to restore, the offense is a third-degree felony.63 An offender with a
previous criminal mischief convictions who commits a subsequent violation is charged with a third-degree felony,
regardless of the amount of damage.64

Additionally, certain violations are also enhanced to the level of a third-degree felony, including when a person
damages a:
 Church, synagogue, mosque, or other place of worship, or a religious article therein, if the damage to the
property is greater than $200.65
 A memorial66 or historic property,67 if the damage is valued at greater than $200.68
 Public telephone, under certain circumstances, regardless of the value of the damage.69
 Sexually violent predator70 detention or commitment facility, if the damage is valued at greater than $200.71

61 S. 790.17, F.S.
62 S. 806.13(1)(a), F.S.
63 S. 806.13(1)(b), F.S.
64 Id.
65 S. 806.13(2), F.S.
66 “Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure

name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is
dedicated to a historical person, an entity, an event, or a series of events; and honors or recounts the military service of any
past or present United States Armed Forces military personnel, or the past or present public service of a resident of the
geographical area comprising the state or the United States. The term includes, but is not limited to, certain memorials
established under ch. 265, F.S. S. 806.135(1)(b), F.S.
67 “Historic property” means any building, structure, site, or object that has been officially designated as a historic building,

historic structure, historic site, or historic object through a federal, state, or local designation program. S. 806.135(1)(a), F.S.
68 S. 806.13(3), F.S.
69 S. 806.13(5), F.S.
70 The term “sexually violent predator” means any person who (a) has been convicted of a sexually violent offense; and (b)

suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if
not confined in a secure facility for long-term control, care, and treatment. S. 394.912(10), F.S.
71 S. 806.13(6), F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 15 Y, 0 N, As CS 2/4/2026 Keating Rubottom
Subcommittee
THE CHANGES ADOPTED BY THE  Required seaports and commercial service airports to undertake
COMMITTEE: certain actions and obligations.
 Revised FDOT’s duties and obligations with respect to commercial
service airports and airport systems, research facilities and contracts,
and application by local governments for federal transportation grants.
 Modified provisions related to consideration of certain nonpecuniary
factors in taxpayer-funded project development and environmental
studies.
 Required the Florida Greenways and Trails Council to take certain
actions after receiving a report from FDOT.
 Removed provisions of the bill related to digital driver license and
identification, seaport funding, powers of the Legislative Budget
Commission, and FDOT control of Capitol Complex roads.
Commerce Committee Hamon Rubottom

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CS/HB 1233 2026

1 A bill to be entitled
2 An act relating to transportation; amending s.
3 260.0142, F.S.; requiring the Florida Greenways and
4 Trails Council to meet within a specified timeframe to
5 update specified recommendations; amending s. 311.14,
6 F.S.; requiring each seaport to include specified
7 strategies for obtaining and maintaining critical
8 infrastructure resources as part of a 10-year
9 strategic plan; defining the term "critical
10 infrastructure resources"; creating s. 311.26, F.S.;
11 requiring the Department of Transportation to
12 coordinate with certain entities for a specified
13 purpose; amending s. 316.003, F.S.; revising the
14 definition of the term "personal delivery device";
15 amending s. 316.008, F.S.; authorizing a personal
16 delivery device to be operated in specified areas;
17 providing an exception; amending s. 316.2071, F.S.;
18 authorizing a personal delivery device to operate in
19 specified areas; providing an exception; prohibiting a
20 personal delivery device or mobile carrier from
21 interfering with bicyclists and motor vehicles;
22 prohibiting a personal delivery device or mobile
23 carrier from operating in specified areas unless
24 certain conditions are met; authorizing the department
25 to adopt rules; amending s. 330.41, F.S.; prohibiting

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26 a political subdivision from taking certain actions
27 against a drone delivery service on a commercial
28 property; removing a limitation relating to drone
29 ports; providing that the addition of a drone delivery
30 service within the parking area of a commercial
31 property does not reduce the number of parking spaces
32 for a specified purpose; amending s. 332.001, F.S.;
33 revising powers and duties of the department with
34 respect to airport systems in this state; amending s.
35 332.006, F.S.; requiring the department to coordinate
36 with certain airports for a specified purpose;
37 amending s. 332.0075, F.S.; requiring commercial
38 service airports to provide methods for obtaining and
39 maintaining critical infrastructure resources;
40 defining the term "critical infrastructure resources";
41 amending s. 334.03, F.S.; defining the term "advanced
42 air mobility corridor connection point"; revising the
43 definition of the term "transportation corridor";
44 amending s. 334.044, F.S.; providing and revising
45 powers and duties of the department; amending s.
46 334.63, F.S.; providing state policy; requiring a
47 governmental entity to include certain information in
48 specified publications; defining the terms
49 "nonpecuniary factor" and "net-zero policies";
50 amending s. 341.041, F.S.; providing that certain

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51 provisions relating to paratransit services apply only
52 to persons with disabilities; amending s. 790.19,
53 F.S.; providing penalties for shooting into or
54 throwing deadly missiles into an occupied or
55 unoccupied autonomous vehicle; amending s. 806.13,
56 F.S.; providing penalties for defacing, injuring, or
57 damaging an autonomous vehicle; amending ss. 311.07,
58 316.0777, 316.515, 336.01, 338.222, 341.8225,
59 376.3071, 403.7211, 479.261, 715.07, 921.0022, and
60 1006.23, F.S.; conforming cross-references; providing
61 an effective date.
62
63 Be It Enacted by the Legislature of the State of Florida:
64
65 Section 1. Paragraph (h) of subsection (4) of section
66 260.0142, Florida Statutes, is amended to read:
67 260.0142 Florida Greenways and Trails Council;
68 composition; powers and duties.—
69 (4) The duties of the council include the following:
70 (h) Make recommendations for updating and revising the
71 implementation plan for the Florida Greenways and Trails System,
72 including, but not limited to, recommendations for
73 prioritization of regionally significant trails within the
74 Florida Shared-Use Nonmotorized Trail Network. The council shall
75 meet within 90 days after the Department of Transportation

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76 submits its report pursuant to s. 339.81(8) to update its
77 recommendations for prioritization of regionally significant
78 trails within the network.
79 Section 2. Paragraph (b) of subsection (2) of section
80 311.14, Florida Statutes, is amended to read:
81 311.14 Seaport planning.—
82 (2) Each port shall develop a strategic plan with a 10-
83 year horizon. Each plan must include the following:
84 (b) An infrastructure development and improvement
85 component that identifies all projected infrastructure
86 improvements within the plan area which require improvement,
87 expansion, or development in order for a port to attain a
88 strategic advantage for competition with national and
89 international competitors. This component must provide
90 strategies for obtaining and maintaining critical infrastructure
91 resources for the port and its tenants. Such strategies must
92 include long-term contracts, rights of first refusal regarding
93 the sale or lease of property storing such resources, and
94 contingency plans for obtaining such resources. For purposes of
95 this paragraph, the term "critical infrastructure resources"
96 includes, but is not limited to, access to electricity, fuel,
97 and water resources.
98
99 To the extent feasible, the port strategic plan must be
100 consistent with the local government comprehensive plans of the

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101 units of local government in which the port is located. Upon
102 approval of a plan by the port's board, the plan shall be
103 submitted to the Florida Seaport Transportation and Economic
104 Development Council.
105 Section 3. Section 311.26, Florida Statutes, is created to
106 read:
107 311.26 Florida Seaport Maritime Industrial Base.—The
108 Department of Transportation shall coordinate with the
109 Department of Commerce and the ports listed in s. 311.09, the
110 United States Department of Commerce, and the United States
111 Department of War to identify and prioritize key maritime
112 components in the supply chain which are essential to
113 strengthening and expanding this state's maritime industrial
114 base. The ports listed in s. 311.09 shall support projects
115 evaluated by the Department of Transportation, which shall
116 directly support the construction, maintenance, and
117 modernization of both commercial vessels, including cargo
118 vessels, and vessels designed for national defense. Projects
119 shall be evaluated based on the return on invested capital, job
120 creation, and contribution to the economic competitiveness of
121 this state and based on support for the national security
122 interests of the United States. Additional considerations shall
123 include the anticipated enhancement of this state's commercial
124 maritime capabilities.
125 Section 4. Subsection (59) of section 316.003, Florida

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126 Statutes, is amended to read:
127 316.003 Definitions.—The following words and phrases, when
128 used in this chapter, shall have the meanings respectively
129 ascribed to them in this section, except where the context
130 otherwise requires:
131 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
132 device that:
133 (a) Is operated on sidewalks, and crosswalks, bicycle
134 lanes, bicycle paths, or shoulders on streets, roadways, or
135 highways, excluding limited access facilities, and intended
136 primarily for transporting property;
137 (b) Has a weight that does not exceed the maximum weight
138 established by Department of Transportation rule;
139 (c) Operates at Has a maximum speed of 10 miles per hour
140 on sidewalks and crosswalks and 20 miles per hour on bicycle
141 lanes, bicycle paths, or shoulders on streets, roadways, or
142 highways, excluding limited access facilities; and
143 (d) Is equipped with technology to allow for operation of
144 the device with or without the active control or monitoring of a
145 natural person.
146
147 A personal delivery device is not considered a vehicle unless
148 expressly defined by law as a vehicle. A mobile carrier is not
149 considered a personal delivery device. The Department of
150 Transportation may adopt rules to implement this subsection.

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151 Section 5. Paragraph (b) of subsection (7) of section
152 316.008, Florida Statutes, is amended to read:
153 316.008 Powers of local authorities.—
154 (7)
155 (b)1. Except as provided in subparagraph 2., a personal
156 delivery device may be operated on sidewalks, crosswalks,
157 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
158 or highways, excluding limited access facilities, and a mobile
159 carrier may be operated on sidewalks and crosswalks within a
160 county or municipality when such use is permissible under
161 federal law. This paragraph does not restrict a county or
162 municipality from otherwise adopting regulations for the safe
163 operation of personal delivery devices and mobile carriers.
164 2. A personal delivery device may not be operated on the
165 Florida Shared-Use Nonmotorized Trail Network created under s.
166 339.81 or components of the Florida Greenways and Trails System
167 created under chapter 260.
168 Section 6. Subsections (1) and (3) of section 316.2071,
169 Florida Statutes, are amended, and subsection (5) is added to
170 that section, to read:
171 316.2071 Personal delivery devices and mobile carriers.—
172 (1) Notwithstanding any provision of law to the contrary,
173 a personal delivery device may operate on sidewalks, crosswalks,
174 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
175 or highways, excluding limited access facilities, and a or

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176 mobile carrier may operate on sidewalks and crosswalks, subject
177 to s. 316.008(7)(b). Such A personal delivery device or mobile
178 carrier operating on a sidewalk or crosswalk has all the rights
179 and duties applicable to a pedestrian under the same
180 circumstances. A, except that the personal delivery device or
181 mobile carrier may must not unreasonably interfere with
182 pedestrians, bicyclists, and motor vehicles or traffic and must
183 yield the right-of-way to pedestrians on the sidewalk or
184 crosswalk.
185 (3) A personal delivery device and a mobile carrier may
186 not:
187 (a) Operate on a sidewalk, crosswalk, bicycle lane, or
188 shoulder on a street, roadway, or highway, excluding a limited
189 access facility, unless the personal delivery device or mobile
190 carrier meets minimum criteria established by the Department of
191 Transportation public highway except to the extent necessary to
192 cross a crosswalk.
193 (b) Operate on a sidewalk, or crosswalk, bicycle lane,
194 bicycle path, or shoulder on a street, roadway, or highway,
195 excluding a limited access facility, unless a human who is an
196 agent of the personal delivery device operator is capable of
197 actively controlling and or monitoring the navigation and
198 operation of the personal delivery device or a mobile carrier
199 owner remains within 25 feet of the mobile carrier.
200 (c) Transport hazardous materials as defined in s.

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201 316.003.
202 (d) For mobile carriers, transport persons or animals.
203 (5) The Department of Transportation may adopt rules to
204 implement this section.
205 Section 7. Paragraph (c) of subsection (3) of section
206 330.41, Florida Statutes, is amended, and a new paragraph (e) is
207 added to that subsection, to read:
208 330.41 Unmanned Aircraft Systems Act.—
209 (3) REGULATION.—
210 (c) Except as otherwise expressly provided, a political
211 subdivision may not withhold issuance of a business tax receipt,
212 development permit, or other conditional use approval to a drone
213 delivery service on a commercial property or enact or enforce an
214 ordinance or resolution that prohibits a drone delivery
215 service's operation based on the location of its drone port,
216 notwithstanding part II of chapter 163 and chapter 205. A
217 political subdivision may enforce minimum setback and
218 landscaping regulations that are generally applicable to
219 permitted uses in the drone port site's zoning district. This
220 paragraph may not be construed to authorize a political
221 subdivision to require additional landscaping as a condition of
222 approval of a drone port.
223 (e) The addition of a drone delivery service within the
224 parking area of a commercial property does not reduce the number
225 of parking spaces for the purpose of meeting applicable minimum

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226 parking requirements.
227 Section 8. Subsection (1) of section 332.001, Florida
228 Statutes, is amended to read:
229 332.001 Aviation; powers and duties of the Department of
230 Transportation.—
231 (1) It shall be the duty, function, and responsibility of
232 the Department of Transportation to plan and direct investments
233 in airport systems in this state to facilitate the efficient
234 movement of passengers and cargo and to continuously improve the
235 experience for the flying public and the supply chain of this
236 state's businesses. In carrying out this duty and
237 responsibility, the department may assist and advise, cooperate,
238 and coordinate with the federal, state, local, or private
239 organizations and individuals in planning such systems of
240 airports.
241 Section 9. Subsection (10) is added to section 332.006,
242 Florida Statutes, to read:
243 332.006 Duties and responsibilities of the Department of
244 Transportation.—The Department of Transportation shall, within
245 the resources provided to the department:
246 (10) Coordinate with commercial service airports in this
247 state to review United States Transportation Security
248 Administration policies and programs, including programs for
249 veterans and active duty members of the United States Armed
250 Forces and their families to increase the efficiency of

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251 passenger screening and the overall customer service experience
252 of the flying public.
253 Section 10. Subsections (4), (5), and (6) of section
254 332.0075, Florida Statutes, are renumbered as subsections (5),
255 (6), and (7), respectively, and a new subsection (4) is added to
256 that section to read:
257 332.0075 Commercial service airports; transparency and
258 accountability; penalty.—
259 (4) Notwithstanding any other provision of law, commercial
260 service airports must provide methods for obtaining and
261 maintaining critical infrastructure resources for the airport,
262 its tenants, and the traveling public. Such strategies must
263 include long-term contracts and rights of first refusal
264 regarding the sale of and contingency plans for such resources.
265 For purposes of this subsection, the term "critical
266 infrastructure resources" includes, but is not limited to,
267 access to electricity, fuel, and water resources.
268 Section 11. Subsections (1) through (37) of section
269 334.03, Florida Statutes, are renumbered as subsections (2)
270 through (38), respectively, present subsection (29) is amended,
271 and a new subsection (1) is added to that section, to read:
272 334.03 Definitions.—When used in the Florida
273 Transportation Code, the term:
274 (1) "Advanced air mobility corridor connection point"
275 means any land area or transportation facility, including any

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276 airspace, designated by the department as suitable to support
277 the efficient movement of people and goods by use as a
278 connection point for advanced air mobility.
279 (30)(29) "Transportation corridor" means any advanced air
280 mobility corridor connection point or any land area designated
281 by the state, a county, or a municipality which is between two
282 geographic points and which area is used or suitable for the
283 movement of people and goods by one or more modes of
284 transportation, including areas necessary for management of
285 access and securing applicable approvals and permits.
286 Transportation corridors, other than advanced air mobility
287 corridor connection points, shall contain, but are not limited
288 to, the following:
289 (a) Existing publicly owned rights-of-way;
290 (b) All property or property interests necessary for
291 future transportation facilities, including rights of access,
292 air, view, and light, whether public or private, for the purpose
293 of securing and utilizing future transportation rights-of-way,
294 including, but not limited to, any lands reasonably necessary
295 now or in the future for securing applicable approvals and
296 permits, borrow pits, drainage ditches, water retention areas,
297 rest areas, replacement access for landowners whose access could
298 be impaired due to the construction of a future facility, and
299 replacement rights-of-way for relocation of rail and utility
300 facilities.

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301 Section 12. Subsections (5), (20), and (21) of section
302 334.044, Florida Statutes, are amended, and subsections (40),
303 (41), and (42) are added to that section, to read:
304 334.044 Powers and duties of the department.—The
305 department shall have the following general powers and duties:
306 (5) To purchase, lease, or otherwise acquire property and
307 materials, including the purchase of promotional items as part
308 of public information and education campaigns for the promotion
309 of environmental management, scenic highways, traffic and train
310 safety awareness, commercial motor vehicle safety, workforce
311 development, transportation economic development opportunities
312 electric vehicle use and charging stations, autonomous vehicles,
313 advanced air mobility, and context classification for electric
314 vehicles and autonomous vehicles; to purchase, lease, or
315 otherwise acquire equipment and supplies; and to sell, exchange,
316 or otherwise dispose of any property that is no longer needed by
317 the department.
318 (20) To operate and maintain research facilities
319 designated by the department, to conduct and enter into
320 contracts and agreements for compensation for conducting
321 research by the department and private entities studies, and to
322 collect data necessary for the improvement of the state
323 transportation system.
324 (21) To conduct and enter into contracts and agreements
325 for research and demonstration projects relative to innovative

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326 transportation technologies.
327 (40) To coordinate with local governments and
328 municipalities to review federal funding grant applications that
329 impact or may impact state-owned rights-of-way, roads, bridges,
330 and limited access facilities to the department for review and
331 approval before submission to the Federal Government or the
332 Federal Highway Administration.
333 (41) To coordinate with local governments to review and
334 develop applications for federal funding to ensure that each
335 project will have the maximum benefit to this state
336 transportation system, contributing to congestion relief and
337 infrastructure improvements.
338 (42) Notwithstanding s. 20.255(9), to serve as the point
339 of contact for statewide topographic aerial light detection and
340 ranging (LiDAR) procurement and cost sharing related to
341 statewide geographic information systems and geospatial data
342 sharing. The department may provide these services to other
343 state and local agencies by entering into an interagency
344 agreement consistent with chapter 216. Notwithstanding any other
345 law, including any charter provision, ordinance, statute, or
346 special law, all state and local agencies conducting programs or
347 exercising powers relating to topographic aerial LiDAR may enter
348 into interagency agreements consistent with chapter 216 with the
349 department for the provision by the department of topographic
350 aerial LiDAR procurement and cost-sharing services, and to

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351 delegate such authority to conduct programs or exercise powers
352 relating to topographic aerial LiDAR procurement and cost-
353 sharing services to the department pursuant to such interagency
354 agreements. The department may adopt rules pursuant to ss.
355 120.536(1) and 120.54 to implement this subsection.
356 Section 13. Subsection (3) is added to section 334.63,
357 Florida Statutes, to read:
358 334.63 Project concept studies and project development and
359 environment studies.—
360 (3)(a) It is the policy of this state that nonpecuniary
361 factors are not considerations in taxpayer-funded project
362 development and environmental studies. To the extent such
363 nonpecuniary factors are a requirement of federal law or as a
364 condition of receipt of federal transportation funding, a
365 governmental entity must include the following in any
366 publication, document, report, presentation, webpage, or digital
367 application:
368 1. A written statement that federal law requires such
369 considerations as part of the project development and
370 environmental study in question and a reference to such federal
371 law.
372 2. The amount of taxpayer funding required to make such
373 considerations, including the approximate increase in costs
374 related to nonpecuniary factors.
375 3. The estimated cost increase for all project phases for

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376 the overall recommended project when nonpecuniary factors are
377 considered.
378 (b) For purposes of this subsection, the term
379 "nonpecuniary factor" includes any of the following:
380 1. Considerations related to social justice, including
381 diversity, equity, and inclusion or the placement of highways or
382 transportation facilities having a disproportionate effect or
383 impact on a specific demographic;
384 2. Considerations related to environmental justice,
385 including the social or cultural environment being impacted by
386 the actions;
387 3. Sociocultural effect evaluations; or
388 4. Additional considerations related to climate alarmism,
389 including any benchmark, standard, threshold, goal, or
390 requirement related to emissions, motor vehicle fuel sources,
391 decarbonization, and net-zero policies. For purposes of this
392 subparagraph, the term "net-zero policies" means achieving a
393 balance between the total amount of greenhouse gases released
394 into the atmosphere and the amount removed. The term does not
395 include standard reviews related to section 4(f) requirements
396 outlined in 49 U.S.C. s. 303 and 23 U.S.C. s. 138.
397 Section 14. Subsection (16) of section 341.041, Florida
398 Statutes, is amended to read:
399 341.041 Transit responsibilities of the department.—The
400 department shall, within the resources provided pursuant to

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401 chapter 216:
402 (16) Unless otherwise provided by state or federal law,
403 ensure that all grants and agreements between the department and
404 entities providing paratransit services to persons with
405 disabilities include, at a minimum, the following provisions:
406 (a) Performance requirements for the delivery of services,
407 including clear penalties for repeated or continuing violations;
408 (b) Minimum liability insurance requirements for all
409 transportation services purchased, provided, or coordinated for
410 the transportation disadvantaged, as defined in s. 427.011(1),
411 through the contracted vendor or subcontractor thereof;
412 (c) Complaint and grievance processes for users of
413 paratransit services for persons with disabilities users,
414 including a requirement that all reported complaints,
415 grievances, and resolutions be reported to the department on a
416 quarterly basis; and
417 (d) A requirement that the provisions of paragraphs (a),
418 (b), and (c) must be included in any agreement between an entity
419 receiving a grant or an agreement from the department and such
420 entity's contractors or subcontractors that provide paratransit
421 services for persons with disabilities.
422 Section 15. Section 790.19, Florida Statutes, is amended
423 to read:
424 790.19 Shooting into or throwing deadly missiles into
425 occupied or unoccupied dwellings, public or private buildings,

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426 occupied or not occupied; vessels, aircraft, public or private
427 buses, railroad cars, streetcars, or other vehicles.—Any person
428 who Whoever, wantonly or maliciously, shoots at, within, or
429 into, or throws any missile or hurls or projects a stone or
430 other hard substance which would produce death or great bodily
431 harm, at, within, or into, in any occupied or unoccupied public
432 or private building; any, occupied or unoccupied, or public or
433 private bus; or any train, locomotive, railway car, caboose,
434 cable railway car, street railway car, monorail car, or vehicle
435 of any kind which is being used or occupied by any person; any
436 occupied or unoccupied autonomous vehicle;, or any boat, vessel,
437 ship, or barge lying in or plying the waters of this state;, or
438 any aircraft flying through the airspace of this state commits
439 shall be guilty of a felony of the second degree, punishable as
440 provided in s. 775.082, s. 775.083, or s. 775.084.
441 Section 16. Subsections (2) through (12) of section
442 806.13, Florida Statutes, are renumbered as subsections (3)
443 through (13), respectively, present subsection (11) is amended,
444 and a new subsection (2) is added to that section, to read:
445 806.13 Criminal mischief; penalties; penalty for minor.—
446 (2) Any person who willfully or maliciously defaces,
447 injures, or damages by any means any autonomous vehicle, as
448 defined in s. 316.003(3), commits a felony of the third degree,
449 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
450 if the damage to the autonomous vehicle is greater than $200.

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451 (12)(11) A minor whose driver license or driving privilege
452 is revoked, suspended, or withheld under subsection (11) (10)
453 may elect to reduce the period of revocation, suspension, or
454 withholding by performing community service at the rate of 1 day
455 for each hour of community service performed. In addition, if
456 the court determines that due to a family hardship, the minor's
457 driver license or driving privilege is necessary for employment
458 or medical purposes of the minor or a member of the minor's
459 family, the court shall order the minor to perform community
460 service and reduce the period of revocation, suspension, or
461 withholding at the rate of 1 day for each hour of community
462 service performed. As used in this subsection, the term
463 "community service" means cleaning graffiti from public
464 property.
465 Section 17. Paragraph (b) of subsection (3) of section
466 311.07, Florida Statutes, is amended to read:
467 311.07 Florida seaport transportation and economic
468 development funding.—
469 (3)
470 (b) Projects eligible for funding by grants under the
471 program are limited to the following port facilities or port
472 transportation projects:
473 1. Transportation facilities within the jurisdiction of
474 the port.
475 2. The dredging or deepening of channels, turning basins,

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476 or harbors.
477 3. The construction or rehabilitation of wharves, docks,
478 structures, jetties, piers, storage facilities, cruise
479 terminals, automated people mover systems, or any facilities
480 necessary or useful in connection with any of the foregoing.
481 4. The acquisition of vessel tracking systems, container
482 cranes, or other mechanized equipment used in the movement of
483 cargo or passengers in international commerce.
484 5. The acquisition of land to be used for port purposes.
485 6. The acquisition, improvement, enlargement, or extension
486 of existing port facilities.
487 7. Environmental protection projects which are necessary
488 because of requirements imposed by a state agency as a condition
489 of a permit or other form of state approval; which are necessary
490 for environmental mitigation required as a condition of a state,
491 federal, or local environmental permit; which are necessary for
492 the acquisition of spoil disposal sites and improvements to
493 existing and future spoil sites; or which result from the
494 funding of eligible projects listed in this paragraph.
495 8. Transportation facilities as defined in s. 334.03(31)
496 s. 334.03(30) which are not otherwise part of the Department of
497 Transportation's adopted work program.
498 9. Intermodal access projects.
499 10. Construction or rehabilitation of port facilities as
500 defined in s. 315.02, excluding any park or recreational

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501 facilities, in ports listed in s. 311.09(1) with operating
502 revenues of $5 million or less, provided that such projects
503 create economic development opportunities, capital improvements,
504 and positive financial returns to such ports.
505 11. Seaport master plan or strategic plan development or
506 updates, including the purchase of data to support such plans.
507 12. Spaceport or space industry-related planning or
508 construction of facilities on seaport property which are
509 necessary or useful for advancing the space industry in this
510 state and provide an economic benefit to this state.
511 13. Commercial shipbuilding and manufacturing facilities
512 on seaport property, if such projects provide an economic
513 benefit to the community in which the seaport is located.
514 Section 18. Paragraph (b) of subsection (2) of section
515 316.0777, Florida Statutes, is amended to read:
516 316.0777 Automated license plate recognition systems;
517 installation within rights-of-way of State Highway System;
518 public records exemption.—
519 (2)
520 (b) At the discretion of the Department of Transportation,
521 an automated license plate recognition system may be installed
522 within the right-of-way, as defined in s. 334.03(22) s.
523 334.03(21), of a road on the State Highway System when installed
524 at the request of a law enforcement agency for the purpose of
525 collecting active criminal intelligence information or active

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526 criminal investigative information as defined in s. 119.011(3).
527 An automated license plate recognition system may not be used to
528 issue a notice of violation for a traffic infraction or a
529 uniform traffic citation. Such installation must be in
530 accordance with placement and installation guidelines developed
531 by the Department of Transportation. An automated license plate
532 recognition system must be removed within 30 days after the
533 Department of Transportation notifies the requesting law
534 enforcement agency that such removal must occur.
535 Section 19. Paragraph (c) of subsection (5) of section
536 316.515, Florida Statutes, is amended to read:
537 316.515 Maximum width, height, length.—
538 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
539 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
540 (c) The width and height limitations of this section do
541 not apply to farming or agricultural equipment, whether self-
542 propelled, pulled, or hauled, when temporarily operated during
543 daylight hours upon a public road that is not a limited access
544 facility as defined in s. 334.03(13) s. 334.03(12), and the
545 width and height limitations may be exceeded by such equipment
546 without a permit. To be eligible for this exemption, the
547 equipment shall be operated within a radius of 50 miles of the
548 real property owned, rented, managed, harvested, or leased by
549 the equipment owner. However, equipment being delivered by a
550 dealer to a purchaser is not subject to the 50-mile limitation.

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551 Farming or agricultural equipment greater than 174 inches in
552 width must have one warning lamp mounted on each side of the
553 equipment to denote the width and must have a slow-moving
554 vehicle sign. Warning lamps required by this paragraph must be
555 visible from the front and rear of the vehicle and must be
556 visible from a distance of at least 1,000 feet.
557 Section 20. Section 336.01, Florida Statutes, is amended
558 to read:
559 336.01 Designation of county road system.—The county road
560 system shall be as defined in s. 334.03(9) s. 334.03(8).
561 Section 21. Subsection (2) of section 338.222, Florida
562 Statutes, is amended to read:
563 338.222 Department of Transportation sole governmental
564 entity to acquire, construct, or operate turnpike projects;
565 exception.—
566 (2) The department may, but is not required to, contract
567 with any local governmental entity as defined in s. 334.03(14)
568 s. 334.03(13) for the design, right-of-way acquisition,
569 transfer, purchase, sale, acquisition, or other conveyance of
570 the ownership, operation, maintenance, or construction of any
571 turnpike project which the Legislature has approved. Local
572 governmental entities may negotiate and contract with the
573 department for the design, right-of-way acquisition, transfer,
574 purchase, sale, acquisition, or other conveyance of the
575 ownership, operation, maintenance, or construction of any

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576 section of the turnpike project within areas of their respective
577 jurisdictions or within counties with which they have interlocal
578 agreements.
579 Section 22. Subsection (2) of section 341.8225, Florida
580 Statutes, is amended to read:
581 341.8225 Department of Transportation sole governmental
582 entity to acquire, construct, or operate high-speed rail
583 projects; exception.—
584 (2) Local governmental entities, as defined in s.
585 334.03(14) s. 334.03(13), may negotiate with the department for
586 the design, right-of-way acquisition, and construction of any
587 component of the high-speed rail system within areas of their
588 respective jurisdictions or within counties with which they have
589 interlocal agreements.
590 Section 23. Paragraph (b) of subsection (12) of section
591 376.3071, Florida Statutes, is amended to read:
592 376.3071 Inland Protection Trust Fund; creation; purposes;
593 funding.—
594 (12) SITE CLEANUP.—
595 (b) Low-scored site initiative.—Notwithstanding
596 subsections (5) and (6), a site with a priority ranking score of
597 29 points or less may voluntarily participate in the low-scored
598 site initiative regardless of whether the site is eligible for
599 state restoration funding.
600 1. To participate in the low-scored site initiative, the

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601 property owner, or a responsible party who provides evidence of
602 authorization from the property owner, must submit a "No Further
603 Action" proposal and affirmatively demonstrate that the
604 conditions imposed under subparagraph 4. are met.
605 2. Upon affirmative demonstration that the conditions
606 imposed under subparagraph 4. are met, the department shall
607 issue a site rehabilitation completion order incorporating the
608 "No Further Action" proposal submitted by the property owner or
609 the responsible party, who must provide evidence of
610 authorization from the property owner. If no contamination is
611 detected, the department may issue a site rehabilitation
612 completion order.
613 3. Sites that are eligible for state restoration funding
614 may receive payment of costs for the low-scored site initiative
615 as follows:
616 a. A property owner, or a responsible party who provides
617 evidence of authorization from the property owner, may submit an
618 assessment and limited remediation plan designed to
619 affirmatively demonstrate that the site meets the conditions
620 imposed under subparagraph 4. Notwithstanding the priority
621 ranking score of the site, the department may approve the cost
622 of the assessment and limited remediation, including up to 12
623 months of groundwater monitoring and 12 months of limited
624 remediation activities in one or more task assignments or
625 modifications thereof, not to exceed the threshold amount

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626 provided in s. 287.017 for CATEGORY TWO, for each site where the
627 department has determined that the assessment and limited
628 remediation, if applicable, will likely result in a
629 determination of "No Further Action." The department may not pay
630 the costs associated with the establishment of institutional or
631 engineering controls other than the costs associated with a
632 professional land survey or a specific purpose survey, if such
633 is needed, and the costs associated with obtaining a title
634 report and paying recording fees.
635 b. After the approval of initial site assessment results
636 provided pursuant to state funding under sub-subparagraph a.,
637 the department may approve an additional amount not to exceed
638 the threshold amount provided in s. 287.017 for CATEGORY TWO for
639 limited remediation needed to achieve a determination of "No
640 Further Action."
641 c. The assessment and limited remediation work shall be
642 completed no later than 15 months after the department
643 authorizes the start of a state-funded, low-score site
644 initiative task. If groundwater monitoring is required after the
645 assessment and limited remediation in order to satisfy the
646 conditions under subparagraph 4., the department may authorize
647 an additional 12 months to complete the monitoring.
648 d. No more than $15 million for the low-scored site
649 initiative may be encumbered from the fund in any fiscal year.
650 Funds shall be made available on a first-come, first-served

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651 basis and shall be limited to 10 sites in each fiscal year for
652 each property owner or each responsible party who provides
653 evidence of authorization from the property owner.
654 e. Program deductibles, copayments, and the limited
655 contamination assessment report requirements under paragraph
656 (13)(d) do not apply to expenditures under this paragraph.
657 4. The department shall issue an order incorporating the
658 "No Further Action" proposal submitted by a property owner or a
659 responsible party who provides evidence of authorization from
660 the property owner upon affirmative demonstration that all of
661 the following conditions are met:
662 a. Soil saturated with petroleum or petroleum products, or
663 soil that causes a total corrected hydrocarbon measurement of
664 500 parts per million or higher for the Gasoline Analytical
665 Group or 50 parts per million or higher for the Kerosene
666 Analytical Group, as defined by department rule, does not exist
667 onsite as a result of a release of petroleum products.
668 b. A minimum of 12 months of groundwater monitoring
669 indicates that the plume is shrinking or stable.
670 c. The release of petroleum products at the site does not
671 adversely affect adjacent surface waters, including their
672 effects on human health and the environment.
673 d. The area containing the petroleum products' chemicals
674 of concern:
675 (I) Is confined to the source property boundaries of the

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676 real property on which the discharge originated, unless the
677 property owner has requested or authorized a more limited area
678 in the "No Further Action" proposal submitted under this
679 subsection; or
680 (II) Has migrated from the source property onto or beneath
681 a transportation facility as defined in s. 334.03(31) s.
682 334.03(30) for which the department has approved, and the
683 governmental entity owning the transportation facility has
684 agreed to institutional controls as defined in s. 376.301(21).
685 This sub-sub-subparagraph does not, however, impose any legal
686 liability on the transportation facility owner, obligate such
687 owner to engage in remediation, or waive such owner's right to
688 recover costs for damages.
689 e. The groundwater contamination containing the petroleum
690 products' chemicals of concern is not a threat to any permitted
691 potable water supply well.
692 f. Soils onsite found between land surface and 2 feet
693 below land surface which are subject to human exposure meet the
694 soil cleanup target levels established in subparagraph (5)(b)9.,
695 or human exposure is limited by appropriate institutional or
696 engineering controls.
697
698 Issuance of a site rehabilitation completion order under this
699 paragraph acknowledges that minimal contamination exists onsite
700 and that such contamination is not a threat to the public

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701 health, safety, or welfare; water resources; or the environment.
702 Pursuant to subsection (4), the issuance of the site
703 rehabilitation completion order, with or without conditions,
704 does not alter eligibility for state-funded rehabilitation that
705 would otherwise be applicable under this section.
706 Section 24. Paragraph (a) of subsection (2) of section
707 403.7211, Florida Statutes, is amended to read:
708 403.7211 Hazardous waste facilities managing hazardous
709 wastes generated offsite; federal facilities managing hazardous
710 waste.—
711 (2) The department may not issue any permit under s.
712 403.722 for the construction, initial operation, or substantial
713 modification of a facility for the disposal, storage, or
714 treatment of hazardous waste generated offsite which is proposed
715 to be located in any of the following locations:
716 (a) Any area where life-threatening concentrations of
717 hazardous substances could accumulate at any residence or
718 residential subdivision as the result of a catastrophic event at
719 the proposed facility, unless each such residence or residential
720 subdivision is served by at least one arterial road or urban
721 minor arterial road, as determined under the procedures
722 referenced in s. 334.03(11) s. 334.03(10), which provides safe
723 and direct egress by land to an area where such life-threatening
724 concentrations of hazardous substances could not accumulate in a
725 catastrophic event. Egress by any road leading from any

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726 residence or residential subdivision to any point located within
727 1,000 yards of the proposed facility is unsafe for the purposes
728 of this paragraph. In determining whether egress proposed by the
729 applicant is safe and direct, the department shall also
730 consider, at a minimum, the following factors:
731 1. Natural barriers such as water bodies, and whether any
732 road in the proposed evacuation route is impaired by a natural
733 barrier such as a water body.
734 2. Potential exposure during egress and potential
735 increases in the duration of exposure.
736 3. Whether any road in a proposed evacuation route passes
737 in close proximity to the facility.
738 4. Whether any portion of the evacuation route is
739 inherently directed toward the facility.
740
741 For the purposes of this subsection, all distances shall be
742 measured from the outer limit of the active hazardous waste
743 management area. "Substantial modification" includes: any
744 physical change in, change in the operations of, or addition to
745 a facility which could increase the potential offsite impact, or
746 risk of impact, from a release at that facility; and any change
747 in permit conditions which is reasonably expected to lead to
748 greater potential impacts or risks of impacts, from a release at
749 that facility. "Substantial modification" does not include a
750 change in operations, structures, or permit conditions which

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751 does not substantially increase either the potential impact
752 from, or the risk of, a release. Physical or operational changes
753 to a facility related solely to the management of nonhazardous
754 waste at the facility is not considered a substantial
755 modification. The department shall, by rule, adopt criteria to
756 determine whether a facility has been substantially modified.
757 "Initial operation" means the initial commencement of operations
758 at the facility.
759 Section 25. Subsection (5) of section 479.261, Florida
760 Statutes, is amended to read:
761 479.261 Logo sign program.—
762 (5) At a minimum, permit fees for businesses that
763 participate in the program must be established in an amount
764 sufficient to offset the total cost to the department for the
765 program, including contract costs. The department shall provide
766 the services in the most efficient and cost-effective manner
767 through department staff or by contracting for some or all of
768 the services. The department shall adopt rules that set
769 reasonable rates based upon factors such as population, traffic
770 volume, market demand, and costs for annual permit fees.
771 However, annual permit fees for sign locations inside an urban
772 area, as defined in s. 334.03(32) s. 334.03(31), may not exceed
773 $3,500, and annual permit fees for sign locations outside an
774 urban area, as defined in s. 334.03(32) s. 334.03(31), may not
775 exceed $2,000. After recovering program costs, the proceeds from

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776 the annual permit fees shall be deposited into the State
777 Transportation Trust Fund and used for transportation purposes.
778 Section 26. Paragraph (a) of subsection (2) of section
779 715.07, Florida Statutes, is amended to read:
780 715.07 Vehicles or vessels parked on private property;
781 towing.—
782 (2) The owner or lessee of real property, or any person
783 authorized by the owner or lessee, which person may be the
784 designated representative of the condominium association if the
785 real property is a condominium, may cause any vehicle or vessel
786 parked on such property without her or his permission to be
787 removed by a person regularly engaged in the business of towing
788 vehicles or vessels, without liability for the costs of removal,
789 transportation, or storage or damages caused by such removal,
790 transportation, or storage, under any of the following
791 circumstances:
792 (a) The towing or removal of any vehicle or vessel from
793 private property without the consent of the registered owner or
794 other legally authorized person in control of that vehicle or
795 vessel is subject to substantial compliance with the following
796 conditions and restrictions:
797 1.a. Any towed or removed vehicle or vessel must be stored
798 at a site within a 10-mile radius of the point of removal in any
799 county of 500,000 population or more, and within a 15-mile
800 radius of the point of removal in any county of fewer than

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801 500,000 population. That site must be open for the purpose of
802 redemption of vehicles on any day that the person or firm towing
803 such vehicle or vessel is open for towing purposes, from 8:00
804 a.m. to 6:00 p.m., and, when closed, shall have prominently
805 posted a sign indicating a telephone number where the operator
806 of the site can be reached at all times. Upon receipt of a
807 telephoned request to open the site to redeem a vehicle or
808 vessel, the operator shall return to the site within 1 hour or
809 she or he will be in violation of this section.
810 b. If no towing business providing such service is located
811 within the area of towing limitations set forth in sub-
812 subparagraph a., the following limitations apply: any towed or
813 removed vehicle or vessel must be stored at a site within a 20-
814 mile radius of the point of removal in any county of 500,000
815 population or more, and within a 30-mile radius of the point of
816 removal in any county of fewer than 500,000 population.
817 2. The person or firm towing or removing the vehicle or
818 vessel shall, within 30 minutes after completion of such towing
819 or removal, notify the municipal police department or, in an
820 unincorporated area, the sheriff, of such towing or removal, the
821 storage site, the time the vehicle or vessel was towed or
822 removed, and the make, model, color, and license plate number of
823 the vehicle or description and registration number of the vessel
824 and shall obtain the name of the person at that department to
825 whom such information was reported and note that name on the

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826 trip record.
827 3. A person in the process of towing or removing a vehicle
828 or vessel from the premises or parking lot in which the vehicle
829 or vessel is not lawfully parked must stop when a person seeks
830 the return of the vehicle or vessel. The vehicle or vessel must
831 be returned upon the payment of a reasonable service fee of not
832 more than one-half of the posted rate for the towing or removal
833 service as provided in subparagraph 6. The vehicle or vessel may
834 be towed or removed if, after a reasonable opportunity, the
835 owner or legally authorized person in control of the vehicle or
836 vessel is unable to pay the service fee. If the vehicle or
837 vessel is redeemed, a detailed signed receipt must be given to
838 the person redeeming the vehicle or vessel.
839 4. A person may not pay or accept money or other valuable
840 consideration for the privilege of towing or removing vehicles
841 or vessels from a particular location.
842 5. Except for property appurtenant to and obviously a part
843 of a single-family residence, and except for instances when
844 notice is personally given to the owner or other legally
845 authorized person in control of the vehicle or vessel that the
846 area in which that vehicle or vessel is parked is reserved or
847 otherwise unavailable for unauthorized vehicles or vessels and
848 that the vehicle or vessel is subject to being removed at the
849 owner's or operator's expense, any property owner or lessee, or
850 person authorized by the property owner or lessee, before towing

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851 or removing any vehicle or vessel from private property without
852 the consent of the owner or other legally authorized person in
853 control of that vehicle or vessel, must post a notice meeting
854 the following requirements:
855 a. The notice must be prominently placed at each driveway
856 access or curb cut allowing vehicular access to the property
857 within 10 feet from the road, as defined in s. 334.03(23) s.
858 334.03(22). If there are no curbs or access barriers, the signs
859 must be posted not fewer than one sign for each 25 feet of lot
860 frontage.
861 b. The notice must clearly indicate, in not fewer than 2-
862 inch high, light-reflective letters on a contrasting background,
863 that unauthorized vehicles will be towed away at the owner's
864 expense. The words "tow-away zone" must be included on the sign
865 in not fewer than 4-inch high letters.
866 c. The notice must also provide the name and current
867 telephone number of the person or firm towing or removing the
868 vehicles or vessels.
869 d. The sign structure containing the required notices must
870 be permanently installed with the words "tow-away zone" not
871 fewer than 3 feet and not more than 6 feet above ground level
872 and must be continuously maintained on the property for not
873 fewer than 24 hours before the towing or removal of any vehicles
874 or vessels.
875 e. The local government may require permitting and

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876 inspection of these signs before any towing or removal of
877 vehicles or vessels being authorized.
878 f. A business with 20 or fewer parking spaces satisfies
879 the notice requirements of this subparagraph by prominently
880 displaying a sign stating "Reserved Parking for Customers Only
881 Unauthorized Vehicles or Vessels Will be Towed Away At the
882 Owner's Expense" in not fewer than 4-inch high, light-reflective
883 letters on a contrasting background.
884 g. A property owner towing or removing vessels from real
885 property must post notice, consistent with the requirements in
886 sub-subparagraphs a.-f., which apply to vehicles, that
887 unauthorized vehicles or vessels will be towed away at the
888 owner's expense.
889
890 A business owner or lessee may authorize the removal of a
891 vehicle or vessel by a towing company when the vehicle or vessel
892 is parked in such a manner that restricts the normal operation
893 of business; and if a vehicle or vessel parked on a public
894 right-of-way obstructs access to a private driveway the owner,
895 lessee, or agent may have the vehicle or vessel removed by a
896 towing company upon signing an order that the vehicle or vessel
897 be removed without a posted tow-away zone sign.
898 6. Any person or firm that tows or removes vehicles or
899 vessels and proposes to require an owner, operator, or person in
900 control or custody of a vehicle or vessel to pay the costs of

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901 towing and storage before redemption of the vehicle or vessel
902 must file and keep on record with the local law enforcement
903 agency a complete copy of the current rates to be charged for
904 such services and post at the storage site an identical rate
905 schedule and any written contracts with property owners,
906 lessees, or persons in control of property which authorize such
907 person or firm to remove vehicles or vessels as provided in this
908 section.
909 7. Any person or firm towing or removing any vehicles or
910 vessels from private property without the consent of the owner
911 or other legally authorized person in control or custody of the
912 vehicles or vessels shall, on any trucks, wreckers as defined in
913 s. 713.78(1), or other vehicles used in the towing or removal,
914 have the name, address, and telephone number of the company
915 performing such service clearly printed in contrasting colors on
916 the driver and passenger sides of the vehicle. The name shall be
917 in at least 3-inch permanently affixed letters, and the address
918 and telephone number shall be in at least 1-inch permanently
919 affixed letters.
920 8. Vehicle entry for the purpose of removing the vehicle
921 or vessel shall be allowed with reasonable care on the part of
922 the person or firm towing the vehicle or vessel. Such person or
923 firm shall be liable for any damage occasioned to the vehicle or
924 vessel if such entry is not in accordance with the standard of
925 reasonable care.

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926 9. When a vehicle or vessel has been towed or removed
927 pursuant to this section, it must be released to its owner or
928 person in control or custody within 1 hour after requested. Any
929 vehicle or vessel owner or person in control or custody has the
930 right to inspect the vehicle or vessel before accepting its
931 return, and no release or waiver of any kind which would release
932 the person or firm towing the vehicle or vessel from liability
933 for damages noted by the owner or person in control or custody
934 at the time of the redemption may be required from any vehicle
935 or vessel owner or person in control or custody as a condition
936 of release of the vehicle or vessel to its owner or person in
937 control or custody. A detailed receipt showing the legal name of
938 the company or person towing or removing the vehicle or vessel
939 must be given to the person paying towing or storage charges at
940 the time of payment, whether requested or not.
941 Section 27. Paragraph (b) of subsection (3) of section
942 921.0022, Florida Statutes, is amended to read:
943 921.0022 Criminal Punishment Code; offense severity
944 ranking chart.—
945 (3) OFFENSE SEVERITY RANKING CHART
946 (b) LEVEL 2
947
Florida Felony
Statute Degree Description
948

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365.172 3rd Misuse of emergency
(14)(b)1. communications system causing
great bodily harm, permanent
disfigurement, or permanent
disability.
949
379.2431 3rd Possession of 11 or fewer
(1)(e)3. marine turtle eggs in violation
of the Marine Turtle Protection
Act.
950
379.2431 3rd Possession of more than 11
(1)(e)4. marine turtle eggs in violation
of the Marine Turtle Protection
Act.
951
403.413(6)(c) 3rd Dumps waste litter exceeding
500 lbs. in weight or 100 cubic
feet in volume or any quantity
for commercial purposes, or
hazardous waste.
952
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
953

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590.28(1) 3rd Intentional burning of lands.
954
784.03(3) 3rd Battery during a riot or an
aggravated riot.
955
784.05(3) 3rd Storing or leaving a loaded
firearm within reach of minor
who uses it to inflict injury
or death.
956
787.04(1) 3rd In violation of court order,
take, entice, etc., minor
beyond state limits.
957
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
958
806.13(4) 3rd Criminal mischief; damage of
806.13(3) $200 or more to a memorial or
historic property.
959
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;

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facilitating or furthering
burglary.
960
810.09(2)(d) 3rd Trespassing on posted
commercial horticulture
property.
961
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750
or more but less than $5,000.
962
812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or
more but less than $750, taken
from dwelling or its unenclosed
curtilage.
963
812.014(2)(e)2. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
one prior theft conviction.
964
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
965

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817.234(1)(a)2. 3rd False statement in support of
insurance claim.
966
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
967
817.52(3) 3rd Failure to redeliver hired
vehicle.
968
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
969
817.60(5) 3rd Dealing in credit cards of
another.
970
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
971
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
972

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826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
973
831.01 3rd Forgery.
974
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
975
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
976
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
977
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
978
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
979

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832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
980
836.13(3) 3rd Soliciting an altered sexual
depiction of an identifiable
person without consent.
981
843.01(2) 3rd Resist police canine or police
horse with violence; under
certain circumstances.
982
843.08 3rd False personation.
983
843.19(3) 3rd Touch or strike police, fire,
SAR canine or police horse.
984
893.13(2)(a)2. 3rd Purchase of any 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
other than cannabis.
985
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.

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986
987 Section 28. Paragraph (a) of subsection (2) of section
988 1006.23, Florida Statutes, is amended to read:
989 1006.23 Hazardous walking conditions.—
990 (2) HAZARDOUS WALKING CONDITIONS.—
991 (a) Walkways parallel to the road.—
992 1. It shall be considered a hazardous walking condition
993 with respect to any road along which students must walk in order
994 to walk to and from school if there is not an area at least 4
995 feet wide adjacent to the road, not including drainage ditches,
996 sluiceways, swales, or channels, having a surface upon which
997 students may walk without being required to walk on the road
998 surface or if the walkway is along a limited access facility as
999 defined in s. 334.03(13) s. 334.03(12). In addition, whenever
1000 the road along which students must walk is uncurbed and has a
1001 posted speed limit of 50 miles per hour or greater, the area as
1002 described above for students to walk upon shall be set off the
1003 road by no less than 3 feet from the edge of the road.
1004 2. Subparagraph 1. does not apply when the road along
1005 which students must walk:
1006 a. Is a road on which the volume of traffic is less than
1007 180 vehicles per hour, per direction, during the time students
1008 walk to and from school; or
1009 b. Is located in a residential area and has a posted speed
1010 limit of 30 miles per hour or less.

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1011 Section 29. This act shall take effect July 1, 2026.

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CS/HB 1233 by Reps. Griffitts and Conerly
Transportation

AMENDMENT SUMMARY
February 24, 2026

Amendment #666267 by Rep. Griffitts (strike-all)

The amendment makes the following changes to the bill:
• Prohibits local governments from requiring an operating fee for, or regulating
advertisements on, personal deliver devices (PDDs).
• Specifies areas in which PDDs, mobile carriers, and drone delivery services may
not operate.
• Authorizes the Florida Department of Transportation (FDOT) to coordinate with
local governments on federal grant applications for transportation projects and
removes language authorizing FDOT to approve such applications before
submission to federal authorities.
• Authorizes heavy rental trucks to elect permanent registration when renewing
vehicle registration.
• Adds provisions related to the Florida Nonmotorized Trail Network that:
o Require trails and paths to be covered with material approved by FDOT.
o Authorize FDOT to consider sponsorship revenues when considering
funding for trail network projects.
• Authorizes the owner of an outdoor advertising sign to increase the height of the
sign, subject to certain restrictions, when a governmental authority erects a ramp
or other roadway infrastructure that blocks visibility of the sign.
• Removes the requirement that vehicle registration validation stickers be placed
on the plates of registered motor vehicles and authorizes such registrations and
renewals to be recorded and verified electronically.
• Increases the maximum allowable speed limit on certain highways and
roadways.
• Increases opportunities to elect to attend a basic driver improvement course.
• Limits the power of local authorities to impose specified conditions on permits for
use of right-of-way by communications service providers to place or relocate
communications facilities.
• Adds Florida State University and removes Indian River State College as a
member of the Florida Transportation Research Institute.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (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 Griffitts offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (c) of subsection (3) of section
7 20.23, Florida Statutes, is amended to read:
8 (c) The institute shall report to the department and shall
9 be composed of members from the University of Florida, Florida
10 State University, Indian River State College, the University of
11 Central Florida, the University of South Florida, and Florida
12 International University. The department shall select a member
13 to serve as the administrative lead of the institute. The
14 department shall assess the performance of the administrative
15 lead periodically to ensure accountability and assess the
16 attainment of performance goals.
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Amendment No.

17 Section 2. Paragraph (h) of subsection (4) of section
18 260.0142, Florida Statutes, is amended to read:
19 260.0142 Florida Greenways and Trails Council;
20 composition; powers and duties.—
21 (4) The duties of the council include the following:
22 (h) Make recommendations for updating and revising the
23 implementation plan for the Florida Greenways and Trails System,
24 including, but not limited to, recommendations for
25 prioritization of regionally significant trails within the
26 Florida Shared-Use Nonmotorized Trail Network. The council shall
27 meet within 90 days after the Department of Transportation
28 submits its report pursuant to s. 339.81(8) to update its
29 recommendations for prioritization of regionally significant
30 trails within the network.
31 Section 3. Paragraph (b) of subsection (2) of section
32 311.14, Florida Statutes, is amended to read:
33 311.14 Seaport planning.—
34 (2) Each port shall develop a strategic plan with a 10-
35 year horizon. Each plan must include the following:
36 (b) An infrastructure development and improvement
37 component that identifies all projected infrastructure
38 improvements within the plan area which require improvement,
39 expansion, or development in order for a port to attain a
40 strategic advantage for competition with national and
41 international competitors. This component must provide
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42 strategies for obtaining and maintaining critical infrastructure
43 resources for the port and its tenants. Such strategies must
44 include long-term contracts, rights of first refusal regarding
45 the sale or lease of property storing such resources, and
46 contingency plans for obtaining such resources. For purposes of
47 this paragraph, the term "critical infrastructure resources"
48 includes, but is not limited to, access to electricity, fuel,
49 and water resources.
50
51 To the extent feasible, the port strategic plan must be
52 consistent with the local government comprehensive plans of the
53 units of local government in which the port is located. Upon
54 approval of a plan by the port's board, the plan shall be
55 submitted to the Florida Seaport Transportation and Economic
56 Development Council.
57 Section 4. Section 311.26, Florida Statutes, is created to
58 read:
59 311.26 Florida Seaport Maritime Industrial Base.—The
60 Department of Transportation shall coordinate with the
61 Department of Commerce and the ports listed in s. 311.09, the
62 United States Department of Commerce, and the United States
63 Department of War to identify and prioritize key maritime
64 components in the supply chain which are essential to
65 strengthening and expanding this state's maritime industrial
66 base. The ports listed in s. 311.09 shall support projects
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Amendment No.

67 evaluated by the Department of Transportation, which shall
68 directly support the construction, maintenance, and
69 modernization of both commercial vessels, including cargo
70 vessels, and vessels designed for national defense. Projects
71 shall be evaluated based on the return on invested capital, job
72 creation, and contribution to the economic competitiveness of
73 this state and based on support for the national security
74 interests of the United States. Additional considerations shall
75 include the anticipated enhancement of this state's commercial
76 maritime capabilities.
77 Section 5. Subsection (59) of section 316.003, Florida
78 Statutes, is amended to read:
79 316.003 Definitions.—The following words and phrases, when
80 used in this chapter, shall have the meanings respectively
81 ascribed to them in this section, except where the context
82 otherwise requires:
83 (59) PERSONAL DELIVERY DEVICE.—An electrically powered
84 device that:
85 (a) Is operated on sidewalks, and crosswalks, bicycle
86 lanes, bicycle paths, or shoulders on streets, roadways, or
87 highways, excluding limited access facilities, and intended
88 primarily for transporting property;
89 (b) Has a weight that does not exceed the maximum weight
90 established by Department of Transportation rule;
91 (c) Operates at Has a maximum speed of 10 miles per hour
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Amendment No.

92 on sidewalks and crosswalks and 20 miles per hour on bicycle
93 lanes, bicycle paths, or shoulders on streets, roadways, or
94 highways, excluding limited access facilities; and
95 (d) Is equipped with technology to allow for operation of
96 the device with or without the active control or monitoring of a
97 natural person.
98
99 A personal delivery device is not considered a vehicle unless
100 expressly defined by law as a vehicle. A mobile carrier is not
101 considered a personal delivery device. The Department of
102 Transportation may adopt rules to implement this subsection.
103 Section 6. Paragraph (b) of subsection (7) of section
104 316.008, Florida Statutes, is amended to read:
105 316.008 Powers of local authorities.—
106 (7)
107 (b)1. Except as provided in subparagraph 2., a personal
108 delivery device may be operated on sidewalks, crosswalks,
109 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
110 or highways, excluding limited access facilities, and a mobile
111 carrier may be operated on sidewalks and crosswalks within a
112 county or municipality when such use is permissible under
113 federal law. This subparagraph paragraph does not restrict a
114 county or municipality from otherwise adopting regulations for
115 the safe operation of personal delivery devices and mobile
116 carriers in a manner consistent with this chapter.
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Amendment No.

117 2. A personal delivery device may not be operated on the
118 Florida Shared-Use Nonmotorized Trail Network created under s.
119 339.81 or components of the Florida Greenways and Trails System
120 created under chapter 260 or in state forests, state parks, or
121 wildlife management areas.
122 3. A personal delivery device or mobile carrier may not be
123 operated within a theme park or entertainment complex as defined
124 in s. 509.013(9), or within an independent special district
125 created by local act which has boundaries within two contiguous
126 counties.
127 (c) A county or municipality may not enact, impose, levy,
128 collect, or enforce:
129 a. An operating fee for personal delivery devices, except
130 as expressly authorized by state statute; or
131 b. An advertising regulation that restricts, prohibits,
132 conditions, or otherwise limits commercial advertising on
133 personal delivery devices.
134 Section 7. Paragraph (2) of subsection (2) of section
135 316.187, Florida Statutes, is amended to read:
136 316.187 Establishment of state speed zones.—
137 (2)(a) The maximum allowable speed limit on limited access
138 highways is 80 70 miles per hour.
139 (b) The maximum allowable speed limit on any other highway
140 that which is outside an urban area of 5,000 or more persons and

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141 that which has at least four lanes divided by a median strip is
142 70 65 miles per hour.
143 (c) The Department of Transportation is authorized to set
144 such maximum and minimum speed limits for travel over other
145 roadways under its authority as it deems safe and advisable, not
146 to exceed as a maximum limit 70 60 miles per hour.
147 Section 8. Subsections (1) and (3) of section 316.2071,
148 Florida Statutes, are amended, and subsections (5) and (6) are
149 added to that section, to read:
150 316.2071 Personal delivery devices and mobile carriers.—
151 (1) Notwithstanding any provision of law to the contrary,
152 a personal delivery device may operate on sidewalks, crosswalks,
153 bicycle lanes, bicycle paths, or shoulders on streets, roadways,
154 or highways, excluding limited access facilities, and a or
155 mobile carrier may operate on sidewalks and crosswalks, subject
156 to s. 316.008(7)(b). Such A personal delivery device or mobile
157 carrier operating on a sidewalk or crosswalk has all the rights
158 and duties applicable to a pedestrian under the same
159 circumstances. A, except that the personal delivery device or
160 mobile carrier may must not unreasonably interfere with
161 pedestrians, bicyclists, and motor vehicles or traffic and must
162 yield the right-of-way to pedestrians on the sidewalk or
163 crosswalk.
164 (3) A personal delivery device and a mobile carrier may
165 not:
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166 (a) Operate on a sidewalk, crosswalk, bicycle lane, or
167 shoulder on a street, roadway, or highway, excluding a limited
168 access facility, unless the personal delivery device or mobile
169 carrier meets minimum criteria established by the Department of
170 Transportation public highway except to the extent necessary to
171 cross a crosswalk.
172 (b) Operate on a sidewalk, or crosswalk, bicycle lane,
173 bicycle path, or shoulder on a street, roadway, or highway,
174 excluding a limited access facility, unless a human who is an
175 agent of the personal delivery device operator is capable of
176 actively controlling and or monitoring the navigation and
177 operation of the personal delivery device or a mobile carrier
178 owner remains within 25 feet of the mobile carrier.
179 (c) Transport hazardous materials as defined in s.
180 316.003.
181 (d) For mobile carriers, transport persons or animals.
182 (5) A personal delivery device or mobile carrier may not
183 operate within a theme park or entertainment complex as defined
184 in s. 509.013(9).
185 (6) The Department of Transportation may adopt rules to
186 implement this section.
187 Section 9. Subsection (9) of section 318.14, Florida
188 Statutes, is amended to read:
189 (9) Any person who does not hold a commercial driver
190 license or commercial learner's permit and who is cited while
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191 driving a noncommercial motor vehicle for an infraction under
192 this section other than a violation of s. 316.183(2), s.
193 316.187, or s. 316.189 when the driver exceeds the posted limit
194 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
195 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
196 lieu of a court appearance, elect to attend in the location of
197 his or her choice within this state a basic driver improvement
198 course approved by the Department of Highway Safety and Motor
199 Vehicles. In such a case, adjudication must be withheld, any
200 civil penalty that is imposed by s. 318.18(3) must be reduced by
201 18 percent, and points, as provided by s. 322.27, may not be
202 assessed. However, a person may not make an election under this
203 subsection if the person has made an election under this
204 subsection in the preceding 12 months or has made more than
205 eight elections under this subsection in the preceding 20 years.
206 A person may not make more than eight elections within his or
207 her lifetime under this subsection. The requirement for
208 community service under s. 318.18(8) is not waived by a plea of
209 nolo contendere or by the withholding of adjudication of guilt
210 by a court
211 Section 10. Paragraphs (a) and (b) of subsection (1) of
212 section 320.04, Florida Statutes, are amended to read:
213 320.04 Registration service charge.—
214 (1)(a) A service charge of $2.50 shall be imposed on each
215 application that is handled in connection with original
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216 issuance, duplicate issuance, or transfer of a license plate or,
217 mobile home sticker, or validation sticker or with transfer or
218 duplicate issuance of a registration certificate. This service
219 charge shall be retained by the department or by the tax
220 collector, as the case may be, as other fees accruing to those
221 offices.
222 (b) A service charge of $1 shall also be imposed for the
223 issuance of each license plate validation sticker, vessel decal,
224 and mobile home sticker issued from an automated vending
225 facility or printer dispenser machine. This service charge is
226 payable to the department and shall be used to provide for
227 automated vending facilities or printer dispenser machines that
228 are used to dispense such stickers and decals by each tax
229 collector's or license tag agent's employee.
230 Section 11. Section 320.06, Florida Statutes, is amended
231 to read:
232 320.06 Registration certificates and, license plates;, and
233 validation stickers generally.—
234 (1)(a) Upon the receipt of an initial application for
235 registration and payment of the appropriate license tax and
236 other fees required by law, the department shall assign to the
237 motor vehicle a registration license number consisting of
238 letters and numerals or numerals and issue to the owner or
239 lessee a certificate of registration and one registration
240 license plate, unless two plates are required for display by s.
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241 320.0706, for each vehicle so registered.
242 (b)1. Registration license plates bearing a graphic symbol
243 and the alphanumeric system of identification shall be issued
244 for a 10-year period. At the end of the 10-year period, upon
245 renewal, the plate shall be replaced. The department shall
246 extend the scheduled license plate replacement date from a 6-
247 year period to a 10-year period. The fee for such replacement is
248 $28, $2.80 of which shall be paid each year before the plate is
249 replaced, to be credited toward the next $28 replacement fee.
250 The fees shall be deposited into the Highway Safety Operating
251 Trust Fund. A credit or refund may not be given for any prior
252 years' payments of the prorated replacement fee if the plate is
253 replaced or surrendered before the end of the 10-year period,
254 except that a credit may be given if a registrant is required by
255 the department to replace a license plate under s.
256 320.08056(8)(a). With each license plate, a validation sticker
257 shall be issued showing the owner's birth month, license plate
258 number, and the year of expiration or the appropriate renewal
259 period if the owner is not a natural person. The validation
260 sticker shall be placed on the upper right corner of the license
261 plate. The license plate and validation sticker shall be issued
262 based on the applicant's appropriate renewal period. The
263 registration period is 12 months, the extended registration
264 period is 24 months, and all expirations occur based on the
265 applicant's appropriate registration period. Rental vehicles
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266 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
267 pursuant to s. 320.08(3)(a)-(c) and (4)(a)-(f) (4)(a)-(d) may
268 elect a permanent registration period, provided payment of the
269 appropriate license taxes and fees occurs annually.
270 2. Beginning July 1, 2024, A vehicle registered in
271 accordance with the International Registration Plan must be
272 issued a license plate for a 3-year period. At the end of the 3-
273 year period, upon renewal, the license plate must be replaced.
274 Each license plate must include a validation sticker showing the
275 month of expiration. A cab card denoting the declared gross
276 vehicle weight for each apportioned jurisdiction must be issued
277 annually. The fee for an original or a renewal cab card is $28,
278 which must be deposited into the Highway Safety Operating Trust
279 Fund. If the license plate is damaged or worn, it may be
280 replaced at no charge by applying to the department and
281 surrendering the current license plate.
282 3. In order to retain the efficient administration of the
283 taxes and fees imposed by this chapter, the 80-cent fee increase
284 in the replacement fee imposed by chapter 2009-71, Laws of
285 Florida, is negated as provided in s. 320.0804.
286 (c) Registration license plates equipped with validation
287 stickers subject to the registration period are valid for not
288 more than 12 months and expire at midnight on the last day of
289 the registration period. A registration license plate equipped
290 with a validation sticker subject to the extended registration
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291 period is valid for not more than 24 months and expires at
292 midnight on the last day of the extended registration period. A
293 registration license plate equipped with a validation sticker
294 subject to a permanent registration period is permanently valid
295 but shall become void if appropriate license taxes and fees are
296 not paid annually. For each registration period after the one in
297 which the metal registration license plate is issued, and until
298 the license plate is required to be replaced, the renewal shall
299 be recorded electronically a validation sticker showing the
300 month and year of expiration shall be issued upon payment of the
301 proper license tax amount and fees and is valid for not more
302 than 12 months. For each extended registration period occurring
303 after the one in which the metal registration license plate is
304 issued and until the license plate is required to be replaced,
305 the renewal shall be recorded electronically a validation
306 sticker showing the year of expiration shall be issued upon
307 payment of the proper license tax amount and fees and is valid
308 for not more than 24 months. For each permanent registration
309 period occurring after the one in which the metal registration
310 license plate is issued and until the license plate is required
311 to be replaced, the renewal shall be recorded electronically a
312 validation sticker showing a permanent registration period shall
313 be issued upon payment of the proper license tax amount and fees
314 and is permanently valid but shall become void if the proper
315 license taxes and fees are not paid annually. When license
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316 plates equipped with validation stickers are issued in any month
317 other than the owner's birth month or the designated
318 registration period for any other motor vehicle, the effective
319 date shall reflect the birth month or month and the year of
320 renewal. However, when a license plate or validation sticker is
321 issued for a period of less than 12 months, the applicant shall
322 pay the appropriate amount of license tax and the applicable fee
323 under s. 320.14 in addition to all other fees. Validation
324 stickers issued for vehicles taxed under s. 320.08(6)(a), for
325 any company that owns 250 vehicles or more, or for semitrailers
326 taxed under the provisions of s. 320.08(5)(a), for any company
327 that owns 50 vehicles or more, may be placed on any vehicle in
328 the fleet so long as the vehicle receiving the validation
329 sticker has the same owner's name and address as the vehicle to
330 which the validation sticker was originally assigned.
331 (2) The department shall provide the several tax
332 collectors and license plate agents with the necessary number of
333 validation stickers.
334 (2)(3)(a) Registration license plates must be made of
335 metal specially treated with a retroreflection material, as
336 specified by the department. The registration license plate is
337 designed to increase nighttime visibility and legibility and
338 must be at least 6 inches wide and not less than 12 inches in
339 length, unless a plate with reduced dimensions is deemed
340 necessary by the department to accommodate motorcycles, mopeds,
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341 similar smaller vehicles, or trailers. Validation stickers must
342 also be treated with a retroreflection material, must be of such
343 size as specified by the department, and must adhere to the
344 license plate. The registration license plate must be imprinted
345 with a combination of bold letters and numerals or numerals, not
346 to exceed seven digits, to identify the registration license
347 plate number. The license plate must be imprinted with the word
348 "Florida" at the top and the name of the county in which it is
349 sold, the state motto, or the words "Sunshine State" at the
350 bottom. Apportioned license plates must have the word
351 "Apportioned" at the bottom, and license plates issued for
352 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
353 (c), or (14) must have the word "Restricted" at the bottom.
354 License plates issued for vehicles taxed under s. 320.08(12)
355 must be imprinted with the word "Florida" at the top and the
356 word "Dealer" at the bottom unless the license plate is a
357 specialty license plate as authorized in s. 320.08056.
358 Manufacturer license plates issued for vehicles taxed under s.
359 320.08(12) must be imprinted with the word "Florida" at the top
360 and the word "Manufacturer" at the bottom. License plates issued
361 for vehicles taxed under s. 320.08(5)(d) or (e) must be
362 imprinted with the word "Wrecker" at the bottom. Any county may,
363 upon majority vote of the county commission, elect to have the
364 county name removed from the license plates sold in that county.
365 The state motto or the words "Sunshine State" shall be printed
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366 in lieu thereof. A license plate issued for a vehicle taxed
367 under s. 320.08(6) may not be assigned a registration license
368 number, or be issued with any other distinctive character or
369 designation, that distinguishes the motor vehicle as a for-hire
370 motor vehicle.
371 (b) An additional fee of 50 cents shall be collected on
372 each motor vehicle registration or motor vehicle renewal
373 registration issued in this state in order for all license
374 plates and validation stickers to be fully treated with
375 retroreflection material. The fee shall be deposited into the
376 Highway Safety Operating Trust Fund.
377 (3)(4) The corporation organized under chapter 946 may
378 manufacture license plates, validation stickers, and decals, as
379 well as temporary tags, disabled hang tags, vessel decals, and
380 fuel use decals, for the Department of Highway Safety and Motor
381 Vehicles as provided in this chapter and chapter 327. The
382 Department of Highway Safety and Motor Vehicles is not required
383 to obtain competitive bids in order to contract with the
384 corporation.
385 (4)(5) The department may conduct a pilot program to
386 evaluate the designs, concepts, and technologies for alternative
387 license plates. For purposes of the pilot program, the
388 department shall investigate the feasibility and use of
389 alternative license plate technologies and the long-term cost
390 impact to the consumer. The pilot program shall be limited to
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391 license plates that are used on government-owned motor vehicles
392 as described in s. 320.0655. Such license plates are exempt from
393 the requirements in paragraph (2)(a) (3)(a).
394 (5)(6) All license plates issued pursuant to this chapter
395 are the property of this the state.
396 Section 12. Paragraph (b) of subsection (4) of section
397 320.084, Florida Statutes, is amended to read:
398 320.084 Free motor vehicle license plate to certain
399 disabled veterans.—
400 (4)
401 (b) There shall be a service charge in accordance with the
402 provisions of s. 320.04 for each initial application or renewal
403 of registration and an additional sum of 50 cents on each
404 license plate and validation sticker as provided in s.
405 320.06(2)(b) s. 320.06(3)(b).
406 Section 13. Paragraph (c) of subsection (3) of section
407 330.41, Florida Statutes, is amended, and a new paragraph (e) is
408 added to that subsection, to read:
409 330.41 Unmanned Aircraft Systems Act.—
410 (3) REGULATION.—
411 (c)1. Except as otherwise expressly provided, a political
412 subdivision may not withhold issuance of a business tax receipt,
413 development permit, or other conditional use approval to a drone
414 delivery service on a commercial property or enact or enforce an
415 ordinance or resolution that prohibits a drone delivery
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416 service's operation based on the location of its drone port,
417 notwithstanding part II of chapter 163 and chapter 205. A
418 political subdivision may enforce minimum setback and
419 landscaping regulations that are generally applicable to
420 permitted uses in the drone port site's zoning district. This
421 paragraph may not be construed to authorize a political
422 subdivision to require additional landscaping as a condition of
423 approval of a drone port.
424 2. A drone delivery service may not operate within a theme
425 park or entertainment complex as defined in s. 509.013(9).
426 (e) The addition of a drone delivery service within the
427 parking area of a commercial property does not reduce the number
428 of parking spaces for the purpose of meeting applicable minimum
429 parking requirements.
430 Section 14. Subsection (1) of section 332.001, Florida
431 Statutes, is amended to read:
432 332.001 Aviation; powers and duties of the Department of
433 Transportation.—
434 (1) It shall be the duty, function, and responsibility of
435 the Department of Transportation to plan and direct investments
436 in airport systems in this state to facilitate the efficient
437 movement of passengers and cargo and to continuously improve the
438 experience for the flying public and the supply chain of this
439 state's businesses. In carrying out this duty and
440 responsibility, the department may assist and advise, cooperate,
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441 and coordinate with the federal, state, local, or private
442 organizations and individuals in planning such systems of
443 airports.
444 Section 15. Subsection (10) is added to section 332.006,
445 Florida Statutes, to read:
446 332.006 Duties and responsibilities of the Department of
447 Transportation.—The Department of Transportation shall, within
448 the resources provided to the department:
449 (10) Coordinate with commercial service airports in this
450 state to review policies and programs of the United States
451 Transportation Security Administration, including programs for
452 veterans and active duty members of the United States Armed
453 Forces and their families, to increase the efficiency of
454 passenger screening and the overall customer service experience
455 of the flying public.
456 Section 16. Subsections (4), (5), and (6) of section
457 332.0075, Florida Statutes, are renumbered as subsections (5),
458 (6), and (7), respectively, and a new subsection (4) is added to
459 that section to read:
460 332.0075 Commercial service airports; transparency and
461 accountability; penalty.—
462 (4) Notwithstanding any other provision of law, commercial
463 service airports must provide methods for obtaining and
464 maintaining critical infrastructure resources for the airport,
465 its tenants, and the traveling public. Such strategies must
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466 include long-term contracts and rights of first refusal
467 regarding the sale of and contingency plans for such resources.
468 For purposes of this subsection, the term "critical
469 infrastructure resources" includes, but is not limited to,
470 access to electricity, fuel, and water resources.
471 Section 17. Subsections (1) through (37) of section
472 334.03, Florida Statutes, are renumbered as subsections (2)
473 through (38), respectively, present subsection (29) is amended,
474 and a new subsection (1) is added to that section, to read:
475 334.03 Definitions.—When used in the Florida
476 Transportation Code, the term:
477 (1) "Advanced air mobility corridor connection point"
478 means any land area or transportation facility, including any
479 airspace, designated by the department as suitable to support
480 the efficient movement of people and goods by use as a
481 connection point for advanced air mobility.
482 (30)(29) "Transportation corridor" means any advanced air
483 mobility corridor connection point or any land area designated
484 by the state, a county, or a municipality which is between two
485 geographic points and which area is used or suitable for the
486 movement of people and goods by one or more modes of
487 transportation, including areas necessary for management of
488 access and securing applicable approvals and permits.
489 Transportation corridors, other than advanced air mobility
490 corridor connection points, shall contain, but are not limited
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491 to, the following:
492 (a) Existing publicly owned rights-of-way;
493 (b) All property or property interests necessary for
494 future transportation facilities, including rights of access,
495 air, view, and light, whether public or private, for the purpose
496 of securing and utilizing future transportation rights-of-way,
497 including, but not limited to, any lands reasonably necessary
498 now or in the future for securing applicable approvals and
499 permits, borrow pits, drainage ditches, water retention areas,
500 rest areas, replacement access for landowners whose access could
501 be impaired due to the construction of a future facility, and
502 replacement rights-of-way for relocation of rail and utility
503 facilities.
504 Section 18. Subsections (5), (20), and (21) of section
505 334.044, Florida Statutes, are amended, and subsections (40),
506 (41), and (42) are added to that section, to read:
507 334.044 Powers and duties of the department.—The
508 department shall have the following general powers and duties:
509 (5) To purchase, lease, or otherwise acquire property and
510 materials, including the purchase of promotional items as part
511 of public information and education campaigns for the promotion
512 of environmental management, scenic highways, traffic and train
513 safety awareness, commercial motor vehicle safety, workforce
514 development, transportation economic development opportunities
515 electric vehicle use and charging stations, autonomous vehicles,
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516 advanced air mobility, and context classification for electric
517 vehicles and autonomous vehicles; to purchase, lease, or
518 otherwise acquire equipment and supplies; and to sell, exchange,
519 or otherwise dispose of any property that is no longer needed by
520 the department.
521 (20) To operate and maintain research facilities
522 designated by the department, to conduct and enter into
523 contracts and agreements for compensation for conducting
524 research by the department and private entities studies, and to
525 collect data necessary for the improvement of the state
526 transportation system.
527 (21) To conduct and enter into contracts and agreements
528 for research and demonstration projects relative to innovative
529 transportation technologies.
530 (40) To coordinate with local governmental entities to
531 review grant applications for federal funding for transportation
532 projects that impact or may impact state-owned rights-of-way,
533 roads, bridges, or limited access facilities.
534 (41) To coordinate with and provide assistance to local
535 governmental entities on the development and review of
536 applications for federal transportation funding.
537 (42) Notwithstanding s. 20.255(9), to serve as the point
538 of contact for statewide topographic aerial light detection and
539 ranging (LiDAR) procurement and cost sharing related to
540 statewide geographic information systems and geospatial data
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541 sharing. The department may provide these services to other
542 state and local agencies by entering into an interagency
543 agreement consistent with chapter 216. Notwithstanding any other
544 law, including any charter provision, ordinance, statute, or
545 special law, all state and local agencies conducting programs or
546 exercising powers relating to topographic aerial LiDAR may enter
547 into interagency agreements consistent with chapter 216 with the
548 department for the provision by the department of topographic
549 aerial LiDAR procurement and cost-sharing services, and to
550 delegate such authority to conduct programs or exercise powers
551 relating to topographic aerial LiDAR procurement and cost-
552 sharing services to the department pursuant to such interagency
553 agreements. The department may adopt rules pursuant to ss.
554 120.536(1) and 120.54 to implement this subsection.
555 Section 19. Subsection (3) is added to section 334.63,
556 Florida Statutes, to read:
557 334.63 Project concept studies and project development and
558 environment studies.—
559 (3)(a) It is the policy of this state that nonpecuniary
560 factors are not considerations in taxpayer-funded project
561 development and environmental studies. To the extent such
562 nonpecuniary factors are a requirement of federal law or as a
563 condition of receipt of federal transportation funding, a
564 governmental entity must include the following in any
565 publication, document, report, presentation, webpage, or digital
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566 application:
567 1. A written statement that federal law requires such
568 considerations as part of the project development and
569 environmental study in question and a reference to such federal
570 law.
571 2. The amount of taxpayer funding required to make such
572 considerations, including the approximate increase in costs
573 related to nonpecuniary factors.
574 3. The estimated cost increase for all project phases for
575 the overall recommended project when nonpecuniary factors are
576 considered.
577 (b) For purposes of this subsection, the term
578 "nonpecuniary factor" includes any of the following:
579 1. Considerations related to social justice, including
580 diversity, equity, and inclusion or the placement of highways or
581 transportation facilities having a disproportionate effect or
582 impact on a specific demographic;
583 2. Considerations related to environmental justice,
584 including the social or cultural environment being impacted by
585 the actions;
586 3. Sociocultural effect evaluations; or
587 4. Additional considerations related to climate alarmism,
588 including any benchmark, standard, threshold, goal, or
589 requirement related to emissions, motor vehicle fuel sources,
590 decarbonization, and net-zero policies. For purposes of this
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591 subparagraph, the term "net-zero policies" means achieving a
592 balance between the total amount of greenhouse gases released
593 into the atmosphere and the amount removed. The term does not
594 include standard reviews related to section 4(f) requirements
595 outlined in 49 U.S.C. s. 303 and 23 U.S.C. s. 138.
596 Section 20. Paragraphs (a) and (i) of subsection (3) and
597 paragraphs (b), (d), and (r) of subsection (7) of section
598 337.401, Florida Statutes, are amended to read:
599 337.401 Use of right-of-way for utilities subject to
600 regulation; permit; fees.—
601 (3)(a) Because of the unique circumstances applicable to
602 providers of communications services, including, but not limited
603 to, the circumstances described in paragraph (e) and the fact
604 that federal and state law require the nondiscriminatory
605 treatment of providers of telecommunications services, and
606 because of the desire to promote competition among providers of
607 communications services, it is the intent of the Legislature
608 that municipalities and counties treat providers of
609 communications services in a nondiscriminatory and competitively
610 neutral manner when imposing rules or regulations governing the
611 placement or maintenance of communications facilities in the
612 public roads or rights-of-way. Rules or regulations imposed by a
613 municipality or county relating to providers of communications
614 services placing or maintaining communications facilities in its
615 roads or rights-of-way must be generally applicable to all
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

616 providers of communications services, taking into account the
617 distinct engineering, construction, operation, maintenance,
618 public works, and safety requirements of the provider's
619 facilities, and, notwithstanding any other law, may not require
620 a provider of communications services to apply for or enter into
621 an individual license, franchise, or other agreement with the
622 municipality or county as a condition of placing or maintaining
623 communications facilities in its roads or rights-of-way. In
624 addition to other reasonable rules or regulations that a
625 municipality or county may adopt relating to the placement or
626 maintenance of communications facilities in its roads or rights-
627 of-way under this subsection or subsection (7), a municipality
628 or county may require a provider of communications services that
629 places or seeks to place facilities in its roads or rights-of-
630 way to register with the municipality or county. To register, a
631 provider of communications services may be required only to
632 provide its name; the name, address, and telephone number of a
633 contact person for the registrant; the number of the
634 registrant's current certificate of authorization issued by the
635 Florida Public Service Commission, the Federal Communications
636 Commission, or the Department of State; a statement of whether
637 the registrant is a pass-through provider as defined in
638 subparagraph (6)(a)1.; the registrant's federal employer
639 identification number; and any required proof of insurance or
640 self-insuring status adequate to defend and cover claims. A
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

641 municipality or county may not require a registrant to renew a
642 registration more frequently than every 5 years but may require
643 during this period that a registrant update the registration
644 information provided under this subsection within 90 days after
645 a change in such information. A municipality or county may not
646 require the registrant to provide an inventory of communications
647 facilities, maps, locations of such facilities, or other
648 information by a registrant as a condition of registration,
649 renewal, or for any other purpose; provided, however, that a
650 municipality or county may require as part of a permit
651 application that the applicant identify at-grade communications
652 facilities within 50 feet of the proposed installation location
653 for the placement of at-grade communications facilities. A
654 municipality or county may not require a provider to pay any
655 fee, cost, or other charge for registration or renewal thereof.
656 A municipality or county may not require a provider to locate or
657 perform a survey of any facilities other than those of the
658 provider or to perform a survey of any right-of-way boundary as
659 a condition of a permit. If the owner of a facility fails to
660 locate its facilities as required by chapter 556, a provider
661 must use reasonable care and detection equipment or other
662 acceptable means to avoid damaging existing underground
663 facilities. A municipality or county may not limit the number of
664 permits issued to a provider in any way, including by project
665 size or by limiting the number of open permits or applications,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

666 provided that the permit is closed out within 45 days of the
667 provider's completion of work. A municipality or county may
668 require the submission or maintenance of a bond or other
669 financial instrument as set out in this section but may not
670 require a cash deposit or other escrow, payment, or exaction as
671 a condition of issuing a permit. It is the intent of the
672 Legislature that the placement, operation, maintenance,
673 upgrading, and extension of communications facilities not be
674 unreasonably interrupted or delayed through the permitting or
675 other local regulatory process. Except as provided in this
676 chapter or otherwise expressly authorized by chapter 202,
677 chapter 364, or chapter 610, a municipality or county may not
678 adopt or enforce any ordinance, regulation, or requirement as to
679 the placement or operation of communications facilities in a
680 right-of-way by a communications services provider authorized by
681 state or local law to operate in a right-of-way; regulate any
682 communications services; or impose or collect any tax, fee,
683 cost, charge, or exaction for the placement of communications
684 facilities or the provision of communications services over the
685 communications services provider's communications facilities in
686 a right-of-way.
687 (i) Except as expressly provided in this section, this
688 section does not modify the authority of municipalities and
689 counties to levy the tax authorized in chapter 202 or the duties
690 of providers of communications services under ss. 337.402-
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

691 337.404. This section does not apply to building permits, pole
692 attachments, or private roads, private easements, and private
693 rights-of-way, or building permits unrelated to the placement of
694 communications facilities.
695 (7)
696 (b) As used in subsections (3) through (9) this
697 subsection, the term:
698 1. "Antenna" means communications equipment that transmits
699 or receives electromagnetic radio frequency signals used in
700 providing wireless services.
701 2. "Applicable codes" means uniform building, fire,
702 electrical, plumbing, or mechanical codes adopted by a
703 recognized national code organization or local amendments to
704 those codes enacted solely to address threats of destruction of
705 property or injury to persons, and includes the National
706 Electric Safety Code and the 2017 edition of the Florida
707 Department of Transportation Utility Accommodation Manual.
708 3. "Applicant" means a person who submits an application
709 and is a wireless provider.
710 4. "Application" means a request submitted by an applicant
711 to an authority for a permit to collocate small wireless
712 facilities, or to place a new utility pole used to support a
713 small wireless facility, or place other communications
714 facilities. An authority's permit application form or process
715 must include all required permissions, however designated,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

716 required by the authority to grant a permit to place
717 communications facilities, including, but not limited to, right-
718 of-way occupancy, building permits, electrical permits, and
719 historic review.
720 5. "Authority" means a county or municipality having
721 jurisdiction and control of the rights-of-way of any public
722 road. The term does not include the Department of
723 Transportation. Rights-of-way under the jurisdiction and control
724 of the department are excluded from this subsection.
725 6. "Authority utility pole" means a utility pole owned by
726 an authority in the right-of-way. The term does not include a
727 utility pole owned by a municipal electric utility, a utility
728 pole used to support municipally owned or operated electric
729 distribution facilities, or a utility pole located in the right-
730 of-way within:
731 a. A retirement community that:
732 (I) Is deed restricted as housing for older persons as
733 defined in s. 760.29(4)(b);
734 (II) Has more than 5,000 residents; and
735 (III) Has underground utilities for electric transmission
736 or distribution.
737 b. A municipality that:
738 (I) Is located on a coastal barrier island as defined in
739 s. 161.053(1)(b)3.;
740 (II) Has a land area of less than 5 square miles;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

741 (III) Has less than 10,000 residents; and
742 (IV) Has, before July 1, 2017, received referendum
743 approval to issue debt to finance municipal-wide undergrounding
744 of its utilities for electric transmission or distribution.
745 7. "Collocate" or "collocation" means to install, mount,
746 maintain, modify, operate, or replace one or more wireless
747 facilities on, under, within, or adjacent to a wireless support
748 structure or utility pole. The term does not include the
749 installation of a new utility pole or wireless support structure
750 in the public rights-of-way.
751 8. "FCC" means the Federal Communications Commission.
752 9. "Micro wireless facility" means a small wireless
753 facility having dimensions no larger than 24 inches in length,
754 15 inches in width, and 12 inches in height and an exterior
755 antenna, if any, no longer than 11 inches.
756 10. "Small wireless facility" means a wireless facility
757 that meets the following qualifications:
758 a. Each antenna associated with the facility is located
759 inside an enclosure of no more than 6 cubic feet in volume or,
760 in the case of antennas that have exposed elements, each antenna
761 and all of its exposed elements could fit within an enclosure of
762 no more than 6 cubic feet in volume; and
763 b. All other wireless equipment associated with the
764 facility is cumulatively no more than 28 cubic feet in volume.
765 The following types of associated ancillary equipment are not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

766 included in the calculation of equipment volume: electric
767 meters, concealment elements, telecommunications demarcation
768 boxes, ground-based enclosures, grounding equipment, power
769 transfer switches, cutoff switches, vertical cable runs for the
770 connection of power and other services, and utility poles or
771 other support structures.
772 11. "Utility pole" means a pole or similar structure that
773 is used in whole or in part to provide communications services
774 or for electric distribution, lighting, traffic control,
775 signage, or a similar function. The term includes the vertical
776 support structure for traffic lights but does not include a
777 horizontal structure to which signal lights or other traffic
778 control devices are attached and does not include a pole or
779 similar structure 15 feet in height or less unless an authority
780 grants a waiver for such pole.
781 12. "Wireless facility" means equipment at a fixed
782 location which enables wireless communications between user
783 equipment and a communications network, including radio
784 transceivers, antennas, wires, coaxial or fiber-optic cable or
785 other cables, regular and backup power supplies, and comparable
786 equipment, regardless of technological configuration, and
787 equipment associated with wireless communications. The term
788 includes small wireless facilities. The term does not include:
789 a. The structure or improvements on, under, within, or
790 adjacent to the structure on which the equipment is collocated;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

791 b. Wireline backhaul facilities; or
792 c. Coaxial or fiber-optic cable that is between wireless
793 structures or utility poles or that is otherwise not immediately
794 adjacent to or directly associated with a particular antenna.
795 13. "Wireless infrastructure provider" means a person who
796 has been certificated under chapter 364 to provide
797 telecommunications service or under chapter 610 to provide cable
798 or video services in this state, or that person's affiliate, and
799 who builds or installs wireless communication transmission
800 equipment, wireless facilities, or wireless support structures
801 but is not a wireless services provider.
802 14. "Wireless provider" means a wireless infrastructure
803 provider or a wireless services provider.
804 15. "Wireless services" means any services provided using
805 licensed or unlicensed spectrum, whether at a fixed location or
806 mobile, using wireless facilities.
807 16. "Wireless services provider" means a person who
808 provides wireless services.
809 17. "Wireless support structure" means a freestanding
810 structure, such as a monopole, a guyed or self-supporting tower,
811 or another existing or proposed structure designed to support or
812 capable of supporting wireless facilities. The term does not
813 include a utility pole, pedestal, or other support structure for
814 ground-based equipment not mounted on a utility pole and less
815 than 5 feet in height.
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Amendment No.

816 (d) An authority may require a registration process and
817 permit fees in accordance with subsection (3). An authority
818 shall accept applications for permits and shall process and
819 issue permits subject to the following requirements:
820 1. An authority may not directly or indirectly require an
821 applicant to perform services unrelated to the collocation for
822 which approval is sought, such as in-kind contributions to the
823 authority, including reserving fiber, conduit, or pole space for
824 the authority.
825 2. An applicant may not be required to provide more
826 information to obtain a permit than is necessary to demonstrate
827 the applicant's compliance with applicable codes for the
828 placement of small wireless facilities in the locations
829 identified in the application. An applicant may not be required
830 to provide inventories, maps, or locations of communications
831 facilities in the right-of-way other than as necessary to avoid
832 interference with other at-grade or aerial facilities located at
833 the specific location proposed for a small wireless facility or
834 within 50 feet of such location.
835 3. An authority may not:
836 a. Require the placement of small wireless facilities on
837 any specific utility pole or category of poles;
838 b. Require the placement of multiple antenna systems on a
839 single utility pole;
840 c. Require a demonstration that collocation of a small
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

841 wireless facility on an existing structure is not legally or
842 technically possible as a condition for granting a permit for
843 the collocation of a small wireless facility on a new utility
844 pole except as provided in paragraph (i);
845 d. Require compliance with an authority's provisions
846 regarding placement of communications facilities, including
847 small wireless facilities or a new utility pole used to support
848 a small wireless facility, in rights-of-way under the control of
849 the department unless the authority has received a delegation
850 from the department for the location of the small wireless
851 facility or utility pole, or require such compliance as a
852 condition to receive a permit that is ancillary to the permit
853 for collocation of a small wireless facility, including an
854 electrical permit;
855 e. Require a meeting before filing an application;
856 f. Require direct or indirect public notification or a
857 public meeting for the placement of communication facilities in
858 the right-of-way;
859 g. Limit the size or configuration of a small wireless
860 facility or any of its components, if the small wireless
861 facility complies with the size limits in this subsection;
862 h. Prohibit the installation of a new utility pole used to
863 support the collocation of a small wireless facility if the
864 installation otherwise meets the requirements of this
865 subsection; or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

866 i. Require that any component of a small wireless facility
867 be placed underground except as provided in paragraph (i); or
868 j. Require compliance with an authority's provisions
869 regarding the placement of communications facilities, including
870 small wireless facilities or a new utility pole used to support
871 a small wireless facility, in rights-of-way not owned and
872 controlled by the authority or public utility easements that are
873 not within an area owned and controlled by the authority unless
874 a permit delegation agreement exists between the authority and
875 the owner of the rights-way or easement.
876 4. Subject to paragraph (r), an authority may not limit
877 the placement, by minimum separation distances, of small
878 wireless facilities, utility poles on which small wireless
879 facilities are or will be collocated, or other at-grade
880 communications facilities. However, within 14 days after the
881 date of filing the application, an authority may request that
882 the proposed location of a small wireless facility be moved to
883 another location in the right-of-way and placed on an
884 alternative authority utility pole or support structure or
885 placed on a new utility pole. The authority and the applicant
886 may negotiate the alternative location, including any objective
887 design standards and reasonable spacing requirements for ground-
888 based equipment, for 30 days after the date of the request. At
889 the conclusion of the negotiation period, if the alternative
890 location is accepted by the applicant, the applicant must notify
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891 the authority of such acceptance and the application shall be
892 deemed granted for any new location for which there is agreement
893 and all other locations in the application. If an agreement is
894 not reached, the applicant must notify the authority of such
895 nonagreement and the authority must grant or deny the original
896 application within 90 days after the date the application was
897 filed. A request for an alternative location, an acceptance of
898 an alternative location, or a rejection of an alternative
899 location must be in writing and provided by electronic mail.
900 5. An authority shall limit the height of a small wireless
901 facility to 10 feet above the utility pole or structure upon
902 which the small wireless facility is to be collocated. Unless
903 waived by an authority, the height for a new utility pole is
904 limited to the tallest existing utility pole as of July 1, 2017,
905 located in the same right-of-way, other than a utility pole for
906 which a waiver has previously been granted, measured from grade
907 in place within 500 feet of the proposed location of the small
908 wireless facility. If there is no utility pole within 500 feet,
909 the authority shall limit the height of the utility pole to 50
910 feet.
911 6. The installation by a communications services provider
912 of a utility pole in the public rights-of-way, other than a
913 utility pole used to support a small wireless facility, is
914 subject to authority rules or regulations governing the
915 placement of utility poles in the public rights-of-way.
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916 7. Within 14 days after receiving an application, an
917 authority must determine and notify the applicant by electronic
918 mail as to whether the application is complete. If an
919 application is deemed incomplete, the authority must
920 specifically identify the missing information. An application is
921 deemed complete if the authority fails to provide notification
922 to the applicant within 14 days.
923 8. An application must be processed on a nondiscriminatory
924 basis. A complete application is deemed approved if an authority
925 fails to approve or deny the application within 60 days after
926 receipt of the application. If an authority does not use the 30-
927 day negotiation period provided in subparagraph 4., the parties
928 may mutually agree to extend the 60-day application review
929 period. The authority shall grant or deny the application at the
930 end of the extended period. A permit issued pursuant to an
931 approved application shall remain effective for 1 year unless
932 extended by the authority.
933 9. An authority must notify the applicant of approval or
934 denial by electronic mail. An authority shall approve a complete
935 application unless it does not meet the authority's applicable
936 codes. If the application is denied, the authority must specify
937 in writing the basis for denial, including the specific code
938 provisions on which the denial was based, and send the
939 documentation to the applicant by electronic mail on the day the
940 authority denies the application. The applicant may cure the
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941 deficiencies identified by the authority and resubmit the
942 application within 30 days after notice of the denial is sent to
943 the applicant. The authority shall approve or deny the revised
944 application within 30 days after receipt or the application is
945 deemed approved. The review of a revised application is limited
946 to the deficiencies cited in the denial. If an authority
947 provides for administrative review of the denial of an
948 application, the review must be complete and a written decision
949 issued within 45 days after a written request for review is
950 made. A denial must identify the specific code provisions on
951 which the denial is based. If the administrative review is not
952 complete within 45 days, the authority waives any claim
953 regarding failure to exhaust administrative remedies in any
954 judicial review of the denial of an application.
955 10. An applicant seeking to collocate small wireless
956 facilities within the jurisdiction of a single authority may, at
957 the applicant's discretion, file a consolidated application and
958 receive a single permit for the collocation of up to 30 small
959 wireless facilities. If the application includes multiple small
960 wireless facilities, an authority may separately address small
961 wireless facility collocations for which incomplete information
962 has been received or which are denied.
963 11. An authority may deny an application to collocate a
964 small wireless facility or place a utility pole used to support
965 a small wireless facility in the public rights-of-way if the
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Amendment No.

966 proposed small wireless facility or utility pole used to support
967 a small wireless facility:
968 a. Materially interferes with the safe operation of
969 traffic control equipment.
970 b. Materially interferes with sight lines or clear zones
971 for transportation, pedestrians, or public safety purposes.
972 c. Materially interferes with compliance with the
973 Americans with Disabilities Act or similar federal or state
974 standards regarding pedestrian access or movement.
975 d. Materially fails to comply with the 2017 edition of the
976 Florida Department of Transportation Utility Accommodation
977 Manual.
978 e. Fails to comply with applicable codes.
979 f. Fails to comply with objective design standards
980 authorized under paragraph (r).
981 12. An authority may adopt by ordinance provisions for
982 insurance coverage, indemnification, force majeure, abandonment,
983 authority liability, or authority warranties. Such provisions
984 must be reasonable and nondiscriminatory and apply to all
985 providers of communications services, including, if applicable,
986 any local government or nonprofit providers. An authority may
987 require a construction bond to secure restoration of the
988 postconstruction rights-of-way to the preconstruction condition.
989 However, such bond must be time-limited to not more than 18
990 months after the construction to which the bond applies is
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Bill No. CS/HB 1233 (2026)
Amendment No.

991 completed, and such bond must be reasonably related to the cost
992 to secure restoration of the rights-of-way. An authority may not
993 limit the number of permits allowed under this same bond. For
994 any financial obligation required by an authority allowed under
995 this section, the authority may not limit the number of permits
996 in any way, including by project size; by limiting the number of
997 applications or open permits, provided that the permit is closed
998 out within 45 days of the provider's completion of work; or by
999 imposing additional requirements based on the scope or linear
1000 feet of a project. For any financial obligation required by an
1001 authority allowed under this section, the authority shall
1002 accept, at the option of the applicant, a bond or a letter of
1003 credit or similar financial instrument issued by any financial
1004 institution that is authorized to do business within the United
1005 States, provided that a claim against the financial instrument
1006 may be made by electronic means, including by facsimile. An
1007 authority may not require a deposit or escrow of cash as a
1008 condition of issuing a permit or compel the applicant to agree
1009 to any additional terms or agreements not specifically
1010 authorized by this section nor directly related to the work set
1011 out in the application. A provider of communications services
1012 may add an authority to any existing bond, insurance policy, or
1013 other relevant financial instrument, and the authority must
1014 accept such proof of coverage without any conditions other than
1015 consent to venue for purposes of any litigation to which the
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1016 authority is a party. An authority may not require a
1017 communications services provider to indemnify it for liabilities
1018 not caused by the provider or the provider's agents or
1019 employees, including liabilities arising from the authority's
1020 negligence, gross negligence, or willful conduct or liabilities
1021 caused by an unaffiliated third party.
1022 13. Collocation of a small wireless facility on an
1023 authority utility pole does not provide the basis for the
1024 imposition of an ad valorem tax on the authority utility pole.
1025 14. An authority may reserve space on authority utility
1026 poles for future public safety uses. However, a reservation of
1027 space may not preclude collocation of a small wireless facility.
1028 If replacement of the authority utility pole is necessary to
1029 accommodate the collocation of the small wireless facility and
1030 the future public safety use, the pole replacement is subject to
1031 make-ready provisions and the replaced pole shall accommodate
1032 the future public safety use.
1033 15. A structure granted a permit and installed pursuant to
1034 this subsection shall comply with chapter 333 and federal
1035 regulations pertaining to airport airspace protections.
1036 (r) An authority may require wireless providers to comply
1037 with objective design standards adopted by ordinance. The
1038 ordinance may only require:
1039 1. A new utility pole that replaces an existing utility
1040 pole to be of substantially similar design, material, and color;
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1041 2. Reasonable spacing requirements concerning the location
1042 of a ground-mounted component of a small wireless facility which
1043 does not exceed 15 feet from the associated support structure;
1044 or
1045 3. A small wireless facility to meet reasonable location
1046 context, color, camouflage, and concealment requirements,
1047 subject to the limitations in this subsection; and
1048 4. A new utility pole used to support a small wireless
1049 facility to meet reasonable location context, color, and
1050 material of the predominant utility pole type at the proposed
1051 location of the new utility pole.
1052
1053 Such design standards under this paragraph may be waived by the
1054 authority upon a showing that the design standards are not
1055 reasonably compatible for the particular location of a small
1056 wireless facility or utility pole or are technically infeasible
1057 or that the design standards impose an excessive expense. The
1058 waiver must be granted or denied within 45 days after the date
1059 of the request. An authority may not require landscaping,
1060 landscaping maintenance, or vegetation management other than
1061 that necessary for right-of-way restoration.
1062 Section 21. Paragraph (b) of subsection (2) and paragraph
1063 (d) of subsection (5) of section 339.81, Florida Statutes, are
1064 amended to read:
1065 339.81 Florida Shared-Use Nonmotorized Trail Network.—
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1066 (2)
1067 (b) The multiuse trails or shared-use paths of the
1068 statewide network must be physically separated from motor
1069 vehicle traffic and constructed with asphalt, concrete, or
1070 another improved hard surface approved by the department.
1071 (5)
1072 (d) To the greatest extent practicable, the department
1073 shall program projects in the work program to plan for
1074 development of the entire trail and to minimize the creation of
1075 gaps between trail segments. The department shall, at a minimum,
1076 ensure that local support exists for projects and trail
1077 segments, including the availability or dedication of local
1078 funding sources and of contributions by private landowners who
1079 agree to make their land, or property interests in such land,
1080 available for public use as a trail. The department may also
1081 consider any sponsorship agreement entered into pursuant to
1082 subsection (7).
1083 Section 22. Subsection (16) of section 341.041, Florida
1084 Statutes, is amended to read:
1085 341.041 Transit responsibilities of the department.—The
1086 department shall, within the resources provided pursuant to
1087 chapter 216:
1088 (16) Unless otherwise provided by state or federal law,
1089 ensure that all grants and agreements between the department and
1090 entities providing paratransit services to persons with
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1091 disabilities include, at a minimum, the following provisions:
1092 (a) Performance requirements for the delivery of services,
1093 including clear penalties for repeated or continuing violations;
1094 (b) Minimum liability insurance requirements for all
1095 transportation services purchased, provided, or coordinated for
1096 the transportation disadvantaged, as defined in s. 427.011(1),
1097 through the contracted vendor or subcontractor thereof;
1098 (c) Complaint and grievance processes for users of
1099 paratransit services for persons with disabilities users,
1100 including a requirement that all reported complaints,
1101 grievances, and resolutions be reported to the department on a
1102 quarterly basis; and
1103 (d) A requirement that the provisions of paragraphs (a),
1104 (b), and (c) must be included in any agreement between an entity
1105 receiving a grant or an agreement from the department and such
1106 entity's contractors or subcontractors that provide paratransit
1107 services.
1108 Section 23. Subsections (1), (2), and (3) of section
1109 479.25, Florida Statutes, are amended to read:
1110 479.25 Erection of noise-attenuation barrier, ramp, or
1111 braided bridge blocking view of sign; procedures; application.—
1112 (1) The owner of a lawfully erected sign that is governed
1113 by and conforms to state and federal requirements for land use,
1114 size, height, and spacing may increase the height above ground
1115 level of such sign at its permitted location if a noise-
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Amendment No.

1116 attenuation barrier, ramp, or braided bridge is permitted by or
1117 erected by any governmental entity in such a way as to screen or
1118 block visibility of the sign. Any increase in height permitted
1119 under this section may only be the increase in height which is
1120 required to achieve the same degree of visibility from the
1121 right-of-way which the sign had before the construction of the
1122 noise-attenuation barrier, ramp, or braided bridge,
1123 notwithstanding the restrictions contained in s. 479.07(9)(b),
1124 provided that in no event shall the height of the sign exceed
1125 100 feet above the crown of the main traveled way of the road to
1126 which the sign is permitted, regardless of the height of the
1127 visual obstruction. A sign reconstructed under this section must
1128 comply with the building standards and wind load requirements
1129 provided in the Florida Building Code. If construction of a
1130 proposed noise-attenuation barrier, ramp, or braided bridge will
1131 screen a sign lawfully permitted under this chapter, the
1132 department shall provide notice to the local government or local
1133 jurisdiction within which the sign is located before
1134 construction. Upon a determination that an increase in the
1135 height of a sign as permitted under this section will violate an
1136 ordinance or a land development regulation of the local
1137 government or local jurisdiction, the local government or local
1138 jurisdiction shall, before construction:
1139 (a) Provide a variance or waiver to the local ordinance or
1140 land development regulations to allow an increase in the height
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Bill No. CS/HB 1233 (2026)
Amendment No.

1141 of the sign;
1142 (b) Allow the sign to be relocated or reconstructed at
1143 another location if the sign owner agrees; or
1144 (c) Pay the fair market value of the sign and its
1145 associated interest in the real property.
1146 (2) The department shall hold a public hearing within the
1147 boundaries of the affected local governments or local
1148 jurisdictions to receive input on the proposed noise-attenuation
1149 barrier, ramp, or braided bridge and its conflict with the local
1150 ordinance or land development regulation and to suggest or
1151 consider alternatives or modifications to alleviate or minimize
1152 the conflict with the local ordinance or land development
1153 regulation or minimize any costs that may be associated with
1154 relocating, reconstructing, or paying for the affected sign. The
1155 public hearing may be held concurrently with other public
1156 hearings scheduled for the project. The department shall provide
1157 a written notification to the local government or local
1158 jurisdiction of the date and time of the public hearing and
1159 shall provide general notice of the public hearing in accordance
1160 with the notice provisions of s. 335.02(1). The notice may not
1161 be placed in that portion of a newspaper in which legal notices
1162 or classified advertisements appear. The notice must
1163 specifically state that:
1164 (a) Erection of the proposed noise-attenuation barrier,
1165 ramp, or braided bridge may block the visibility of an existing
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Bill No. CS/HB 1233 (2026)
Amendment No.

1166 outdoor advertising sign;
1167 (b) The local government or local jurisdiction may
1168 restrict or prohibit increasing the height of the existing
1169 outdoor advertising sign; and
1170 (c) Upon construction of the noise-attenuation barrier,
1171 ramp, or braided bridge, the local government or local
1172 jurisdiction shall:
1173 1. Allow an increase in the height of the sign through a
1174 waiver or variance to a local ordinance or land development
1175 regulation;
1176 2. Allow the sign to be relocated or reconstructed at
1177 another location if the sign owner agrees; or
1178 3. Pay the fair market value of the sign and its
1179 associated interest in the real property.
1180 (3) The department may not permit erection of the noise-
1181 attenuation barrier, ramp, or braided bridge to the extent the
1182 barrier screens or blocks visibility of the sign until after the
1183 public hearing is held.
1184 Section 24. Section 790.19, Florida Statutes, is amended
1185 to read:
1186 790.19 Shooting into or throwing deadly missiles into
1187 occupied or unoccupied dwellings, public or private buildings,
1188 occupied or not occupied; vessels, aircraft, public or private
1189 buses, railroad cars, streetcars, or other vehicles.—Any person
1190 who Whoever, wantonly or maliciously, shoots at, within, or
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Amendment No.

1191 into, or throws any missile or hurls or projects a stone or
1192 other hard substance which would produce death or great bodily
1193 harm, at, within, or into, in any occupied or unoccupied public
1194 or private building; any, occupied or unoccupied, or public or
1195 private bus; or any train, locomotive, railway car, caboose,
1196 cable railway car, street railway car, monorail car, or vehicle
1197 of any kind which is being used or occupied by any person; any
1198 occupied or unoccupied autonomous vehicle;, or any boat, vessel,
1199 ship, or barge lying in or plying the waters of this state;, or
1200 any aircraft flying through the airspace of this state commits
1201 shall be guilty of a felony of the second degree, punishable as
1202 provided in s. 775.082, s. 775.083, or s. 775.084 for persons
1203 with disabilities.
1204 Section 25. Subsections (2) through (12) of section
1205 806.13, Florida Statutes, are renumbered as subsections (3)
1206 through (13), respectively, present subsection (11) is amended,
1207 and a new subsection (2) is added to that section, to read:
1208 806.13 Criminal mischief; penalties; penalty for minor.—
1209 (2) Any person who willfully or maliciously defaces,
1210 injures, or damages by any means any autonomous vehicle, as
1211 defined in s. 316.003(3), commits a felony of the third degree,
1212 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1213 if the damage to the autonomous vehicle is greater than $200.
1214 (12)(11) A minor whose driver license or driving privilege
1215 is revoked, suspended, or withheld under subsection (11) (10)
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Amendment No.

1216 may elect to reduce the period of revocation, suspension, or
1217 withholding by performing community service at the rate of 1 day
1218 for each hour of community service performed. In addition, if
1219 the court determines that due to a family hardship, the minor's
1220 driver license or driving privilege is necessary for employment
1221 or medical purposes of the minor or a member of the minor's
1222 family, the court shall order the minor to perform community
1223 service and reduce the period of revocation, suspension, or
1224 withholding at the rate of 1 day for each hour of community
1225 service performed. As used in this subsection, the term
1226 "community service" means cleaning graffiti from public
1227 property.
1228 Section 26. Paragraph (b) of subsection (3) of section
1229 311.07, Florida Statutes, is amended to read:
1230 311.07 Florida seaport transportation and economic
1231 development funding.—
1232 (3)
1233 (b) Projects eligible for funding by grants under the
1234 program are limited to the following port facilities or port
1235 transportation projects:
1236 1. Transportation facilities within the jurisdiction of
1237 the port.
1238 2. The dredging or deepening of channels, turning basins,
1239 or harbors.
1240 3. The construction or rehabilitation of wharves, docks,
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Amendment No.

1241 structures, jetties, piers, storage facilities, cruise
1242 terminals, automated people mover systems, or any facilities
1243 necessary or useful in connection with any of the foregoing.
1244 4. The acquisition of vessel tracking systems, container
1245 cranes, or other mechanized equipment used in the movement of
1246 cargo or passengers in international commerce.
1247 5. The acquisition of land to be used for port purposes.
1248 6. The acquisition, improvement, enlargement, or extension
1249 of existing port facilities.
1250 7. Environmental protection projects which are necessary
1251 because of requirements imposed by a state agency as a condition
1252 of a permit or other form of state approval; which are necessary
1253 for environmental mitigation required as a condition of a state,
1254 federal, or local environmental permit; which are necessary for
1255 the acquisition of spoil disposal sites and improvements to
1256 existing and future spoil sites; or which result from the
1257 funding of eligible projects listed in this paragraph.
1258 8. Transportation facilities as defined in s. 334.03(31)
1259 s. 334.03(30) which are not otherwise part of the Department of
1260 Transportation's adopted work program.
1261 9. Intermodal access projects.
1262 10. Construction or rehabilitation of port facilities as
1263 defined in s. 315.02, excluding any park or recreational
1264 facilities, in ports listed in s. 311.09(1) with operating
1265 revenues of $5 million or less, provided that such projects
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Amendment No.

1266 create economic development opportunities, capital improvements,
1267 and positive financial returns to such ports.
1268 11. Seaport master plan or strategic plan development or
1269 updates, including the purchase of data to support such plans.
1270 12. Spaceport or space industry-related planning or
1271 construction of facilities on seaport property which are
1272 necessary or useful for advancing the space industry in this
1273 state and provide an economic benefit to this state.
1274 13. Commercial shipbuilding and manufacturing facilities
1275 on seaport property, if such projects provide an economic
1276 benefit to the community in which the seaport is located.
1277 Section 27. Paragraph (b) of subsection (2) of section
1278 316.0777, Florida Statutes, is amended to read:
1279 316.0777 Automated license plate recognition systems;
1280 installation within rights-of-way of State Highway System;
1281 public records exemption.—
1282 (2)
1283 (b) At the discretion of the Department of Transportation,
1284 an automated license plate recognition system may be installed
1285 within the right-of-way, as defined in s. 334.03(22) s.
1286 334.03(21), of a road on the State Highway System when installed
1287 at the request of a law enforcement agency for the purpose of
1288 collecting active criminal intelligence information or active
1289 criminal investigative information as defined in s. 119.011(3).
1290 An automated license plate recognition system may not be used to
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Amendment No.

1291 issue a notice of violation for a traffic infraction or a
1292 uniform traffic citation. Such installation must be in
1293 accordance with placement and installation guidelines developed
1294 by the Department of Transportation. An automated license plate
1295 recognition system must be removed within 30 days after the
1296 Department of Transportation notifies the requesting law
1297 enforcement agency that such removal must occur.
1298 Section 28. Paragraph (c) of subsection (5) of section
1299 316.515, Florida Statutes, is amended to read:
1300 316.515 Maximum width, height, length.—
1301 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
1302 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
1303 (c) The width and height limitations of this section do
1304 not apply to farming or agricultural equipment, whether self-
1305 propelled, pulled, or hauled, when temporarily operated during
1306 daylight hours upon a public road that is not a limited access
1307 facility as defined in s. 334.03(13) s. 334.03(12), and the
1308 width and height limitations may be exceeded by such equipment
1309 without a permit. To be eligible for this exemption, the
1310 equipment shall be operated within a radius of 50 miles of the
1311 real property owned, rented, managed, harvested, or leased by
1312 the equipment owner. However, equipment being delivered by a
1313 dealer to a purchaser is not subject to the 50-mile limitation.
1314 Farming or agricultural equipment greater than 174 inches in
1315 width must have one warning lamp mounted on each side of the
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Amendment No.

1316 equipment to denote the width and must have a slow-moving
1317 vehicle sign. Warning lamps required by this paragraph must be
1318 visible from the front and rear of the vehicle and must be
1319 visible from a distance of at least 1,000 feet.
1320 Section 29. Section 320.08035, Florida Statutes, is
1321 amended to read:
1322 320.08035 Persons who have disabilities; reduced dimension
1323 license plate.—The owner or lessee of a motorcycle, moped, or
1324 motorized disability access vehicle who resides in this state
1325 and qualifies for a parking permit for a person who has a
1326 disability under s. 320.0848, upon application and payment of
1327 the appropriate license tax and fees under s. 320.08(1), must be
1328 issued a license plate that has reduced dimensions as provided
1329 under s. 320.06(2)(a) s. 320.06(3)(a). The plate must be stamped
1330 with the international symbol of accessibility after the numeric
1331 and alpha serial number of the license plate. The plate entitles
1332 the person to all privileges afforded by a disabled parking
1333 permit issued under s. 320.0848.
1334 Section 30. Subsection (4) of section 320.0807, Florida
1335 Statutes, is amended to read:
1336 320.0807 Special license plates for Governor and federal
1337 and state legislators.—
1338 (4) License plates purchased under subsection (1),
1339 subsection (2), or subsection (3) shall be replaced by the
1340 department at no cost, other than the fees required under ss.
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Bill No. CS/HB 1233 (2026)
Amendment No.

1341 320.04 and 320.06(2)(b) 320.06(3)(b), when the person to whom
1342 the plates have been issued leaves the elective office with
1343 respect to which the license plates were issued. Within 30 days
1344 after leaving office, the person to whom the license plates have
1345 been issued must apply to the department for a replacement
1346 license plate. The person may return the prestige license plates
1347 to the department or retain the plates as souvenirs. Upon
1348 receipt of the replacement license plate, the person may not
1349 display on any vehicle the prestige license plate or plates
1350 issued with respect to his or her former office.
1351 Section 31. Section 320.102, Florida Statutes, is amended
1352 to read:
1353 320.102 Marine boat trailers owned by nonprofit
1354 organizations; exemptions.—The registration or renewal of a
1355 registration of any marine boat trailer owned and operated by a
1356 nonprofit organization that is exempt from federal income tax
1357 under s. 501(c)(3) of the Internal Revenue Code and which is
1358 used exclusively in carrying out its customary nonprofit
1359 activities is exempt from paying the fees, taxes, surcharges,
1360 and charges in ss. 320.03(5), (6), and (9), 320.031(2),
1361 320.04(1), 320.06(1)(b) and (2)(b) (3)(b), 320.0801, 320.0802,
1362 320.0804, and 320.08046.
1363 Section 32. Section 336.01, Florida Statutes, is amended
1364 to read:
1365 336.01 Designation of county road system.—The county road
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Amendment No.

1366 system shall be as defined in s. 334.03(9) s. 334.03(8).
1367 Section 33. Subsection (2) of section 338.222, Florida
1368 Statutes, is amended to read:
1369 338.222 Department of Transportation sole governmental
1370 entity to acquire, construct, or operate turnpike projects;
1371 exception.—
1372 (2) The department may, but is not required to, contract
1373 with any local governmental entity as defined in s. 334.03(14)
1374 s. 334.03(13) for the design, right-of-way acquisition,
1375 transfer, purchase, sale, acquisition, or other conveyance of
1376 the ownership, operation, maintenance, or construction of any
1377 turnpike project which the Legislature has approved. Local
1378 governmental entities may negotiate and contract with the
1379 department for the design, right-of-way acquisition, transfer,
1380 purchase, sale, acquisition, or other conveyance of the
1381 ownership, operation, maintenance, or construction of any
1382 section of the turnpike project within areas of their respective
1383 jurisdictions or within counties with which they have interlocal
1384 agreements.
1385 Section 34. Subsection (2) of section 341.8225, Florida
1386 Statutes, is amended to read:
1387 341.8225 Department of Transportation sole governmental
1388 entity to acquire, construct, or operate high-speed rail
1389 projects; exception.—
1390 (2) Local governmental entities, as defined in s.
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Amendment No.

1391 334.03(14) s. 334.03(13), may negotiate with the department for
1392 the design, right-of-way acquisition, and construction of any
1393 component of the high-speed rail system within areas of their
1394 respective jurisdictions or within counties with which they have
1395 interlocal agreements.
1396 Section 35. Paragraph (b) of subsection (12) of section
1397 376.3071, Florida Statutes, is amended to read:
1398 376.3071 Inland Protection Trust Fund; creation; purposes;
1399 funding.—
1400 (12) SITE CLEANUP.—
1401 (b) Low-scored site initiative.—Notwithstanding
1402 subsections (5) and (6), a site with a priority ranking score of
1403 29 points or less may voluntarily participate in the low-scored
1404 site initiative regardless of whether the site is eligible for
1405 state restoration funding.
1406 1. To participate in the low-scored site initiative, the
1407 property owner, or a responsible party who provides evidence of
1408 authorization from the property owner, must submit a "No Further
1409 Action" proposal and affirmatively demonstrate that the
1410 conditions imposed under subparagraph 4. are met.
1411 2. Upon affirmative demonstration that the conditions
1412 imposed under subparagraph 4. are met, the department shall
1413 issue a site rehabilitation completion order incorporating the
1414 "No Further Action" proposal submitted by the property owner or
1415 the responsible party, who must provide evidence of
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Amendment No.

1416 authorization from the property owner. If no contamination is
1417 detected, the department may issue a site rehabilitation
1418 completion order.
1419 3. Sites that are eligible for state restoration funding
1420 may receive payment of costs for the low-scored site initiative
1421 as follows:
1422 a. A property owner, or a responsible party who provides
1423 evidence of authorization from the property owner, may submit an
1424 assessment and limited remediation plan designed to
1425 affirmatively demonstrate that the site meets the conditions
1426 imposed under subparagraph 4. Notwithstanding the priority
1427 ranking score of the site, the department may approve the cost
1428 of the assessment and limited remediation, including up to 12
1429 months of groundwater monitoring and 12 months of limited
1430 remediation activities in one or more task assignments or
1431 modifications thereof, not to exceed the threshold amount
1432 provided in s. 287.017 for CATEGORY TWO, for each site where the
1433 department has determined that the assessment and limited
1434 remediation, if applicable, will likely result in a
1435 determination of "No Further Action." The department may not pay
1436 the costs associated with the establishment of institutional or
1437 engineering controls other than the costs associated with a
1438 professional land survey or a specific purpose survey, if such
1439 is needed, and the costs associated with obtaining a title
1440 report and paying recording fees.
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Amendment No.

1441 b. After the approval of initial site assessment results
1442 provided pursuant to state funding under sub-subparagraph a.,
1443 the department may approve an additional amount not to exceed
1444 the threshold amount provided in s. 287.017 for CATEGORY TWO for
1445 limited remediation needed to achieve a determination of "No
1446 Further Action."
1447 c. The assessment and limited remediation work shall be
1448 completed no later than 15 months after the department
1449 authorizes the start of a state-funded, low-score site
1450 initiative task. If groundwater monitoring is required after the
1451 assessment and limited remediation in order to satisfy the
1452 conditions under subparagraph 4., the department may authorize
1453 an additional 12 months to complete the monitoring.
1454 d. No more than $15 million for the low-scored site
1455 initiative may be encumbered from the fund in any fiscal year.
1456 Funds shall be made available on a first-come, first-served
1457 basis and shall be limited to 10 sites in each fiscal year for
1458 each property owner or each responsible party who provides
1459 evidence of authorization from the property owner.
1460 e. Program deductibles, copayments, and the limited
1461 contamination assessment report requirements under paragraph
1462 (13)(d) do not apply to expenditures under this paragraph.
1463 4. The department shall issue an order incorporating the
1464 "No Further Action" proposal submitted by a property owner or a
1465 responsible party who provides evidence of authorization from
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Amendment No.

1466 the property owner upon affirmative demonstration that all of
1467 the following conditions are met:
1468 a. Soil saturated with petroleum or petroleum products, or
1469 soil that causes a total corrected hydrocarbon measurement of
1470 500 parts per million or higher for the Gasoline Analytical
1471 Group or 50 parts per million or higher for the Kerosene
1472 Analytical Group, as defined by department rule, does not exist
1473 onsite as a result of a release of petroleum products.
1474 b. A minimum of 12 months of groundwater monitoring
1475 indicates that the plume is shrinking or stable.
1476 c. The release of petroleum products at the site does not
1477 adversely affect adjacent surface waters, including their
1478 effects on human health and the environment.
1479 d. The area containing the petroleum products' chemicals
1480 of concern:
1481 (I) Is confined to the source property boundaries of the
1482 real property on which the discharge originated, unless the
1483 property owner has requested or authorized a more limited area
1484 in the "No Further Action" proposal submitted under this
1485 subsection; or
1486 (II) Has migrated from the source property onto or beneath
1487 a transportation facility as defined in s. 334.03(31) s.
1488 334.03(30) for which the department has approved, and the
1489 governmental entity owning the transportation facility has
1490 agreed to institutional controls as defined in s. 376.301(21).
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Amendment No.

1491 This sub-sub-subparagraph does not, however, impose any legal
1492 liability on the transportation facility owner, obligate such
1493 owner to engage in remediation, or waive such owner's right to
1494 recover costs for damages.
1495 e. The groundwater contamination containing the petroleum
1496 products' chemicals of concern is not a threat to any permitted
1497 potable water supply well.
1498 f. Soils onsite found between land surface and 2 feet
1499 below land surface which are subject to human exposure meet the
1500 soil cleanup target levels established in subparagraph (5)(b)9.,
1501 or human exposure is limited by appropriate institutional or
1502 engineering controls.
1503
1504 Issuance of a site rehabilitation completion order under this
1505 paragraph acknowledges that minimal contamination exists onsite
1506 and that such contamination is not a threat to the public
1507 health, safety, or welfare; water resources; or the environment.
1508 Pursuant to subsection (4), the issuance of the site
1509 rehabilitation completion order, with or without conditions,
1510 does not alter eligibility for state-funded rehabilitation that
1511 would otherwise be applicable under this section.
1512 Section 36. Paragraph (a) of subsection (2) of section
1513 403.7211, Florida Statutes, is amended to read:
1514 403.7211 Hazardous waste facilities managing hazardous
1515 wastes generated offsite; federal facilities managing hazardous
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Amendment No.

1516 waste.—
1517 (2) The department may not issue any permit under s.
1518 403.722 for the construction, initial operation, or substantial
1519 modification of a facility for the disposal, storage, or
1520 treatment of hazardous waste generated offsite which is proposed
1521 to be located in any of the following locations:
1522 (a) Any area where life-threatening concentrations of
1523 hazardous substances could accumulate at any residence or
1524 residential subdivision as the result of a catastrophic event at
1525 the proposed facility, unless each such residence or residential
1526 subdivision is served by at least one arterial road or urban
1527 minor arterial road, as determined under the procedures
1528 referenced in s. 334.03(11) s. 334.03(10), which provides safe
1529 and direct egress by land to an area where such life-threatening
1530 concentrations of hazardous substances could not accumulate in a
1531 catastrophic event. Egress by any road leading from any
1532 residence or residential subdivision to any point located within
1533 1,000 yards of the proposed facility is unsafe for the purposes
1534 of this paragraph. In determining whether egress proposed by the
1535 applicant is safe and direct, the department shall also
1536 consider, at a minimum, the following factors:
1537 1. Natural barriers such as water bodies, and whether any
1538 road in the proposed evacuation route is impaired by a natural
1539 barrier such as a water body.
1540 2. Potential exposure during egress and potential
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1541 increases in the duration of exposure.
1542 3. Whether any road in a proposed evacuation route passes
1543 in close proximity to the facility.
1544 4. Whether any portion of the evacuation route is
1545 inherently directed toward the facility.
1546
1547 For the purposes of this subsection, all distances shall be
1548 measured from the outer limit of the active hazardous waste
1549 management area. "Substantial modification" includes: any
1550 physical change in, change in the operations of, or addition to
1551 a facility which could increase the potential offsite impact, or
1552 risk of impact, from a release at that facility; and any change
1553 in permit conditions which is reasonably expected to lead to
1554 greater potential impacts or risks of impacts, from a release at
1555 that facility. "Substantial modification" does not include a
1556 change in operations, structures, or permit conditions which
1557 does not substantially increase either the potential impact
1558 from, or the risk of, a release. Physical or operational changes
1559 to a facility related solely to the management of nonhazardous
1560 waste at the facility is not considered a substantial
1561 modification. The department shall, by rule, adopt criteria to
1562 determine whether a facility has been substantially modified.
1563 "Initial operation" means the initial commencement of operations
1564 at the facility.
1565 Section 37. Subsection (5) of section 479.261, Florida
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1566 Statutes, is amended to read:
1567 479.261 Logo sign program.—
1568 (5) At a minimum, permit fees for businesses that
1569 participate in the program must be established in an amount
1570 sufficient to offset the total cost to the department for the
1571 program, including contract costs. The department shall provide
1572 the services in the most efficient and cost-effective manner
1573 through department staff or by contracting for some or all of
1574 the services. The department shall adopt rules that set
1575 reasonable rates based upon factors such as population, traffic
1576 volume, market demand, and costs for annual permit fees.
1577 However, annual permit fees for sign locations inside an urban
1578 area, as defined in s. 334.03(32) s. 334.03(31), may not exceed
1579 $3,500, and annual permit fees for sign locations outside an
1580 urban area, as defined in s. 334.03(32) s. 334.03(31), may not
1581 exceed $2,000. After recovering program costs, the proceeds from
1582 the annual permit fees shall be deposited into the State
1583 Transportation Trust Fund and used for transportation purposes.
1584 Section 38. Paragraph (a) of subsection (2) of section
1585 715.07, Florida Statutes, is amended to read:
1586 715.07 Vehicles or vessels parked on private property;
1587 towing.—
1588 (2) The owner or lessee of real property, or any person
1589 authorized by the owner or lessee, which person may be the
1590 designated representative of the condominium association if the
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Bill No. CS/HB 1233 (2026)
Amendment No.

1591 real property is a condominium, may cause any vehicle or vessel
1592 parked on such property without her or his permission to be
1593 removed by a person regularly engaged in the business of towing
1594 vehicles or vessels, without liability for the costs of removal,
1595 transportation, or storage or damages caused by such removal,
1596 transportation, or storage, under any of the following
1597 circumstances:
1598 (a) The towing or removal of any vehicle or vessel from
1599 private property without the consent of the registered owner or
1600 other legally authorized person in control of that vehicle or
1601 vessel is subject to substantial compliance with the following
1602 conditions and restrictions:
1603 1.a. Any towed or removed vehicle or vessel must be stored
1604 at a site within a 10-mile radius of the point of removal in any
1605 county of 500,000 population or more, and within a 15-mile
1606 radius of the point of removal in any county of fewer than
1607 500,000 population. That site must be open for the purpose of
1608 redemption of vehicles on any day that the person or firm towing
1609 such vehicle or vessel is open for towing purposes, from 8:00
1610 a.m. to 6:00 p.m., and, when closed, shall have prominently
1611 posted a sign indicating a telephone number where the operator
1612 of the site can be reached at all times. Upon receipt of a
1613 telephoned request to open the site to redeem a vehicle or
1614 vessel, the operator shall return to the site within 1 hour or
1615 she or he will be in violation of this section.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1616 b. If no towing business providing such service is located
1617 within the area of towing limitations set forth in sub-
1618 subparagraph a., the following limitations apply: any towed or
1619 removed vehicle or vessel must be stored at a site within a 20-
1620 mile radius of the point of removal in any county of 500,000
1621 population or more, and within a 30-mile radius of the point of
1622 removal in any county of fewer than 500,000 population.
1623 2. The person or firm towing or removing the vehicle or
1624 vessel shall, within 30 minutes after completion of such towing
1625 or removal, notify the municipal police department or, in an
1626 unincorporated area, the sheriff, of such towing or removal, the
1627 storage site, the time the vehicle or vessel was towed or
1628 removed, and the make, model, color, and license plate number of
1629 the vehicle or description and registration number of the vessel
1630 and shall obtain the name of the person at that department to
1631 whom such information was reported and note that name on the
1632 trip record.
1633 3. A person in the process of towing or removing a vehicle
1634 or vessel from the premises or parking lot in which the vehicle
1635 or vessel is not lawfully parked must stop when a person seeks
1636 the return of the vehicle or vessel. The vehicle or vessel must
1637 be returned upon the payment of a reasonable service fee of not
1638 more than one-half of the posted rate for the towing or removal
1639 service as provided in subparagraph 6. The vehicle or vessel may
1640 be towed or removed if, after a reasonable opportunity, the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1641 owner or legally authorized person in control of the vehicle or
1642 vessel is unable to pay the service fee. If the vehicle or
1643 vessel is redeemed, a detailed signed receipt must be given to
1644 the person redeeming the vehicle or vessel.
1645 4. A person may not pay or accept money or other valuable
1646 consideration for the privilege of towing or removing vehicles
1647 or vessels from a particular location.
1648 5. Except for property appurtenant to and obviously a part
1649 of a single-family residence, and except for instances when
1650 notice is personally given to the owner or other legally
1651 authorized person in control of the vehicle or vessel that the
1652 area in which that vehicle or vessel is parked is reserved or
1653 otherwise unavailable for unauthorized vehicles or vessels and
1654 that the vehicle or vessel is subject to being removed at the
1655 owner's or operator's expense, any property owner or lessee, or
1656 person authorized by the property owner or lessee, before towing
1657 or removing any vehicle or vessel from private property without
1658 the consent of the owner or other legally authorized person in
1659 control of that vehicle or vessel, must post a notice meeting
1660 the following requirements:
1661 a. The notice must be prominently placed at each driveway
1662 access or curb cut allowing vehicular access to the property
1663 within 10 feet from the road, as defined in s. 334.03(23) s.
1664 334.03(22). If there are no curbs or access barriers, the signs
1665 must be posted not fewer than one sign for each 25 feet of lot
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1666 frontage.
1667 b. The notice must clearly indicate, in not fewer than 2-
1668 inch high, light-reflective letters on a contrasting background,
1669 that unauthorized vehicles will be towed away at the owner's
1670 expense. The words "tow-away zone" must be included on the sign
1671 in not fewer than 4-inch high letters.
1672 c. The notice must also provide the name and current
1673 telephone number of the person or firm towing or removing the
1674 vehicles or vessels.
1675 d. The sign structure containing the required notices must
1676 be permanently installed with the words "tow-away zone" not
1677 fewer than 3 feet and not more than 6 feet above ground level
1678 and must be continuously maintained on the property for not
1679 fewer than 24 hours before the towing or removal of any vehicles
1680 or vessels.
1681 e. The local government may require permitting and
1682 inspection of these signs before any towing or removal of
1683 vehicles or vessels being authorized.
1684 f. A business with 20 or fewer parking spaces satisfies
1685 the notice requirements of this subparagraph by prominently
1686 displaying a sign stating "Reserved Parking for Customers Only
1687 Unauthorized Vehicles or Vessels Will be Towed Away At the
1688 Owner's Expense" in not fewer than 4-inch high, light-reflective
1689 letters on a contrasting background.
1690 g. A property owner towing or removing vessels from real
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1691 property must post notice, consistent with the requirements in
1692 sub-subparagraphs a.-f., which apply to vehicles, that
1693 unauthorized vehicles or vessels will be towed away at the
1694 owner's expense.
1695
1696 A business owner or lessee may authorize the removal of a
1697 vehicle or vessel by a towing company when the vehicle or vessel
1698 is parked in such a manner that restricts the normal operation
1699 of business; and if a vehicle or vessel parked on a public
1700 right-of-way obstructs access to a private driveway the owner,
1701 lessee, or agent may have the vehicle or vessel removed by a
1702 towing company upon signing an order that the vehicle or vessel
1703 be removed without a posted tow-away zone sign.
1704 6. Any person or firm that tows or removes vehicles or
1705 vessels and proposes to require an owner, operator, or person in
1706 control or custody of a vehicle or vessel to pay the costs of
1707 towing and storage before redemption of the vehicle or vessel
1708 must file and keep on record with the local law enforcement
1709 agency a complete copy of the current rates to be charged for
1710 such services and post at the storage site an identical rate
1711 schedule and any written contracts with property owners,
1712 lessees, or persons in control of property which authorize such
1713 person or firm to remove vehicles or vessels as provided in this
1714 section.
1715 7. Any person or firm towing or removing any vehicles or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1716 vessels from private property without the consent of the owner
1717 or other legally authorized person in control or custody of the
1718 vehicles or vessels shall, on any trucks, wreckers as defined in
1719 s. 713.78(1), or other vehicles used in the towing or removal,
1720 have the name, address, and telephone number of the company
1721 performing such service clearly printed in contrasting colors on
1722 the driver and passenger sides of the vehicle. The name shall be
1723 in at least 3-inch permanently affixed letters, and the address
1724 and telephone number shall be in at least 1-inch permanently
1725 affixed letters.
1726 8. Vehicle entry for the purpose of removing the vehicle
1727 or vessel shall be allowed with reasonable care on the part of
1728 the person or firm towing the vehicle or vessel. Such person or
1729 firm shall be liable for any damage occasioned to the vehicle or
1730 vessel if such entry is not in accordance with the standard of
1731 reasonable care.
1732 9. When a vehicle or vessel has been towed or removed
1733 pursuant to this section, it must be released to its owner or
1734 person in control or custody within 1 hour after requested. Any
1735 vehicle or vessel owner or person in control or custody has the
1736 right to inspect the vehicle or vessel before accepting its
1737 return, and no release or waiver of any kind which would release
1738 the person or firm towing the vehicle or vessel from liability
1739 for damages noted by the owner or person in control or custody
1740 at the time of the redemption may be required from any vehicle
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1741 or vessel owner or person in control or custody as a condition
1742 of release of the vehicle or vessel to its owner or person in
1743 control or custody. A detailed receipt showing the legal name of
1744 the company or person towing or removing the vehicle or vessel
1745 must be given to the person paying towing or storage charges at
1746 the time of payment, whether requested or not.
1747 Section 39. Paragraph (b) of subsection (3) of section
1748 921.0022, Florida Statutes, is amended to read:
1749 921.0022 Criminal Punishment Code; offense severity
1750 ranking chart.—
1751 (3) OFFENSE SEVERITY RANKING CHART
1752 (b) LEVEL 2
1753
Florida Felony
Statute Degree Description
1754
365.172 3rd Misuse of emergency
(14)(b)1. communications system causing
great bodily harm, permanent
disfigurement, or permanent
disability.
1755
379.2431 3rd Possession of 11 or fewer
(1)(e)3. marine turtle eggs in violation
of the Marine Turtle Protection
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

Act.
1756
379.2431 3rd Possession of more than 11
(1)(e)4. marine turtle eggs in violation
of the Marine Turtle Protection
Act.
1757
403.413(6)(c) 3rd Dumps waste litter exceeding
500 lbs. in weight or 100 cubic
feet in volume or any quantity
for commercial purposes, or
hazardous waste.
1758
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
1759
590.28(1) 3rd Intentional burning of lands.
1760
784.03(3) 3rd Battery during a riot or an
aggravated riot.
1761
784.05(3) 3rd Storing or leaving a loaded
firearm within reach of minor
who uses it to inflict injury
or death.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1762
787.04(1) 3rd In violation of court order,
take, entice, etc., minor
beyond state limits.
1763
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
1764
806.13(4) 3rd Criminal mischief; damage of
806.13(3) $200 or more to a memorial or
historic property.
1765
810.061(2) 3rd Impairing or impeding telephone
or power to a dwelling;
facilitating or furthering
burglary.
1766
810.09(2)(d) 3rd Trespassing on posted
commercial horticulture
property.
1767
812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750
or more but less than $5,000.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1768
812.014(2)(d)1. 3rd Grand theft, 3rd degree; $40 or
more but less than $750, taken
from dwelling or its unenclosed
curtilage.
1769
812.014(2)(e)2. 3rd Petit theft, 1st degree; less
than $40 taken from dwelling or
its unenclosed curtilage with
one prior theft conviction.
1770
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
1771
817.234(1)(a)2. 3rd False statement in support of
insurance claim.
1772
817.481(3)(a) 3rd Obtain credit or purchase with
false, expired, counterfeit,
etc., credit card, value over
$300.
1773
817.52(3) 3rd Failure to redeliver hired
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

vehicle.
1774
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
1775
817.60(5) 3rd Dealing in credit cards of
another.
1776
817.60(6)(a) 3rd Forgery; purchase goods,
services with false card.
1777
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
1778
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
1779
831.01 3rd Forgery.
1780
831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1781
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
1782
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
1783
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
1784
831.11 3rd Bringing into the state forged
bank bills, checks, drafts, or
notes.
1785
832.05(3)(a) 3rd Cashing or depositing item with
intent to defraud.
1786
836.13(3) 3rd Soliciting an altered sexual
depiction of an identifiable
person without consent.
1787
843.01(2) 3rd Resist police canine or police
horse with violence; under
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

certain circumstances.
1788
843.08 3rd False personation.
1789
843.19(3) 3rd Touch or strike police, fire,
SAR canine or police horse.
1790
893.13(2)(a)2. 3rd Purchase of any 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
other than cannabis.
1791
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
1792
1793 Section 40. Paragraph (a) of subsection (2) of section
1794 1006.23, Florida Statutes, is amended to read:
1795 1006.23 Hazardous walking conditions.—
1796 (2) HAZARDOUS WALKING CONDITIONS.—
1797 (a) Walkways parallel to the road.—
1798 1. It shall be considered a hazardous walking condition
1799 with respect to any road along which students must walk in order
1800 to walk to and from school if there is not an area at least 4
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1801 feet wide adjacent to the road, not including drainage ditches,
1802 sluiceways, swales, or channels, having a surface upon which
1803 students may walk without being required to walk on the road
1804 surface or if the walkway is along a limited access facility as
1805 defined in s. 334.03(13) s. 334.03(12). In addition, whenever
1806 the road along which students must walk is uncurbed and has a
1807 posted speed limit of 50 miles per hour or greater, the area as
1808 described above for students to walk upon shall be set off the
1809 road by no less than 3 feet from the edge of the road.
1810 2. Subparagraph 1. does not apply when the road along
1811 which students must walk:
1812 a. Is a road on which the volume of traffic is less than
1813 180 vehicles per hour, per direction, during the time students
1814 walk to and from school; or
1815 b. Is located in a residential area and has a posted speed
1816 limit of 30 miles per hour or less.
1817 Section 41. This act shall take effect July 1, 2026.
1818
1819 -----------------------------------------------------
1820 T I T L E A M E N D M E N T
1821 Remove everything before the enacting clause and insert:
1822 A bill to be entitled
1823 An act relating to transportation; amending 20.23,
1824 F.S.; revising the membership composition of the
1825 Florida Transportation Research Institute; amending s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1826 260.0142, F.S.; requiring the Florida Greenways and
1827 Trails Council to meet within a specified timeframe to
1828 update specified recommendations; amending s. 311.14,
1829 F.S.; requiring each seaport to include specified
1830 strategies for obtaining and maintaining critical
1831 infrastructure resources as part of a 10-year
1832 strategic plan; defining the term "critical
1833 infrastructure resources"; creating s. 311.26, F.S.;
1834 requiring the Department of Transportation to
1835 coordinate with certain entities for a specified
1836 purpose; amending s. 316.003, F.S.; revising the
1837 definition of the term "personal delivery device";
1838 amending s. 316.008, F.S.; authorizing a personal
1839 delivery device to be operated in specified areas;
1840 providing an exception; prohibiting the operation of a
1841 personal delivery device or mobile carrier within a
1842 theme park or entertainment complex; prohibiting
1843 counties and municipalities from enacting, imposing,
1844 levying, collecting, or enforcing certain fees or
1845 advertising regulations; amending s. 316.187, F.S.;
1846 increasing certain speed limits; amending s. 316.2071,
1847 F.S.; authorizing a personal delivery device to
1848 operate in specified areas; providing an exception;
1849 prohibiting a personal delivery device or mobile
1850 carrier from interfering with bicyclists and motor
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1851 vehicles; prohibiting a personal delivery device or
1852 mobile carrier from operating in specified areas
1853 unless certain conditions are met; prohibiting a
1854 personal delivery device or mobile carrier from
1855 operating within a theme park or entertainment
1856 complex; authorizing the department to adopt rules;
1857 amending s. 318.14, F.S.; modifying terms for
1858 elections to attend a basic driver improvement course;
1859 amending s. 320.06, F.S.; authorizing certain rental
1860 trucks to elect a permanent registration period;
1861 requiring a motor vehicle registration renewal to be
1862 recorded electronically; removing provisions relating
1863 to validation stickers; amending ss. 320.04,
1864 320.08035, 320.0807, 320.084, and 320.102, F.S.;
1865 conforming cross-references and provisions to changes
1866 made by the act; amending s. 330.41, F.S.; prohibiting
1867 a political subdivision from taking certain actions
1868 against a drone delivery service on a commercial
1869 property; removing a limitation relating to drone
1870 ports; prohibiting a drone delivery service from
1871 operating within a theme park or entertainment
1872 complex; providing that the addition of a drone
1873 delivery service within the parking area of a
1874 commercial property does not reduce the number of
1875 parking spaces for a specified purpose; amending s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1233 (2026)
Amendment No.

1876 332.001, F.S.; revising powers and duties of the
1877 department with respect to airport systems in this
1878 state; amending s. 332.006, F.S.; requiring the
1879 department to coordinate with certain airports for a
1880 specified purpose; amending s. 332.0075, F.S.;
1881 requiring commercial service airports to provide
1882 methods for obtaining and maintaining critical
1883 infrastructure resources; defining the term "critical
1884 infrastructure resources"; amending s. 334.03, F.S.;
1885 defining the term "advanced air mobility corridor
1886 connection point"; revising the definition of the term
1887 "transportation corridor"; amending s. 334.044, F.S.;
1888 providing and revising powers and duties of the
1889 department; amending s. 334.63, F.S.; providing state
1890 policy; requiring a governmental entity to include
1891 certain information in specified publications;
1892 defining the terms "nonpecuniary factor" and "net-zero
1893 policies"; amending s. 337.401, F.S.; prohibiting
1894 municipalities and counties from requiring that
1895 providers locate or perform surveys of certain
1896 facilities; requiring a provider to use certain means
1897 to avoid damaging certain facilities under specified
1898 circumstances; prohibiting municipalities and counties
1899 from taking certain actions relating to certain
1900 facility permits; authorizing municipalities and
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Amendment No.

1901 counties to require a bond or other financial
1902 instrument; prohibiting municipalities and counties
1903 from imposing or collecting a tax, fee, cost, charge,
1904 or exaction for the placement of certain
1905 communications facilities; revising applicability;
1906 revising the definition of the term "application";
1907 prohibiting an authority from requiring compliance
1908 with an authority's provisions regarding placement of
1909 communications facilities in certain locations;
1910 providing exceptions; requiring that certain authority
1911 ordinances apply to all providers of communications
1912 services; providing bond requirements; providing
1913 requirements for certain financial obligations
1914 required by an authority; prohibiting an authority
1915 from requiring a deposit or escrow of cash or
1916 agreement with certain terms; prohibiting an authority
1917 from requiring a communications service provider to
1918 indemnify it for certain liabilities; prohibiting an
1919 authority from imposing certain landscaping and
1920 vegetation management requirements; amending s.
1921 339.81, F.S.; revising construction materials that may
1922 be used for certain multiuse trails or shared-use
1923 paths; authorizing the department to consider certain
1924 sponsorship agreements; amending s. 341.041, F.S.;
1925 providing that certain provisions relating to
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Bill No. CS/HB 1233 (2026)
Amendment No.

1926 paratransit services apply only to persons with
1927 disabilities; amending s. 479.25, F.S.; revising
1928 provisions authorizing the owners of certain signs to
1929 increase the height above ground level of such signs
1930 under certain circumstances to include in such
1931 circumstances the permitting or erection of certain
1932 ramps and braided bridges; conforming provisions to
1933 changes made by the act; amending s. 790.19, F.S.;
1934 providing penalties for shooting into or throwing
1935 deadly missiles into an occupied or unoccupied
1936 autonomous vehicle; amending s. 806.13, F.S.;
1937 providing penalties for defacing, injuring, or
1938 damaging an autonomous vehicle; amending ss. 311.07,
1939 316.0777, 316.515, 336.01, 338.222, 341.8225,
1940 376.3071, 403.7211, 479.261, 715.07, 921.0022, and
1941 1006.23, F.S.; conforming cross-references; providing
1942 an effective date.

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CS/HB 1311
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 1311 COMPANION BILL: SB 1588 (Gruters)
TITLE: Legal Tender LINKED BILLS: None
SPONSOR(S): Bankson RELATED BILLS: None
Committee References
Insurance & Banking Commerce
16 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill ratifies rules promulgated by the Department of Financial Services and the Office of Financial Regulation in
order for HB 999 (2025), which designates qualifying gold and silver coin as legal tender, to take effect. The bill
amends the definition of “custodian of gold coin or silver coin,” to clarify that it means a person or entity holding
gold or silver coin that is intended to be able to be transferred for legal tender and does not include a person or
entity holding gold or silver coin that is not intended to be used as legal tender.

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

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ANALYSIS
EFFECT OF THE BILL:
Definition of “custodian of gold coin or silver coin or custodian”
The bill amends the definition of “custodian of gold coin or silver coin,” or “custodian,” as used for purposes of
transactional gold or silver, to provide that it means a person or entity safeguarding and storing gold or silver coin
that is intended to be able to be transferred electronically for legal tender. The bill clarifies that the term does not
include a person or entity holding gold or silver coin that is not intended to be used as legal tender. (Section 3).

Rule ratification pursuant to HB 999 (2025)
The bill ratifies rules promulgated by the Department of Financial Services (“DFS”) and the Office of Financial
Regulation (“OFR”), as required by HB 999 (2025) in order for HB 999 (2025) to take effect. (Section 1).

The rules are described below:
 69C-2.004–Definitions:
o Defines “custodian of gold coin or silver coin” to have the same meaning as under Florida Statutes.
o Defines “deposit or share insurance” as insurance afforded by either the Federal Deposit Insurance
Corporation or the National Credit Union Share Insurance Fund.

 69C-2.005–Designation of a Qualified Public Depository:
o Clarifies that custodians of gold or silver coin do not have to maintain deposit or share insurance to
become a qualified public depository and instead have to maintain an all-risk insurance policy.1
o Amends the qualified public depository application and contingent liability agreement forms to
include gold and silver coin.

1 Instead of maintaining deposit or share insurance, custodians of gold or silver coin must maintain insurance covering 100

percent of the full replacement value of the stored gold or silver coin under an all-risk insurance policy for loss, theft, damage,
and employee dishonesty by an authorized insurer or eligible surplus lines insurer. Ss. 280.21 and 560.214(1)(i), F.S.
STORAGE NAME: h1311b.COM
DATE: 2/20/2026
1
CS/HB 1311

 69C-2.016–Financial Information Reports by a Qualified Public Depository:
o Amends the qualified public depository report forms to include gold and silver coin.

 69C-2.022–Requirements of Public Depositors:
o Amends the public deposit identification and acknowledgment form to include gold and silver coin.

 69C-2.026–Administration of Payment of Losses:
o Amends the public deposit claim form and agreement to include gold and silver coin.

 69C-2.034–Disqualification, Suspension, and Administrative Penalty:
o Provides that when determining the appropriate disciplinary action for a qualified public
depository, the Chief Financial Officer will consider the violations of any Florida law or rule.

 69C-2.035–Custodians of Gold Coin or Silver Coin:
o Provides that a qualified public depository that is a custodian of gold or silver coin may not hold
public deposits other than gold or silver coin, unless they have deposit or share insurance.

 69U-100.097–Gold Coin or Silver Coin Deposits:
o Provides requirements for any financial institution that intends to accept gold or silver coin
deposits or otherwise hold it on behalf of its customers, members, or the public.

 69V-560.1000–Disciplinary Guidelines:
o Creates disciplinary guidelines for money services businesses related to gold or silver coin, such as
imposing fines and suspending licenses for violations.2

 69V-560.1012–Adoption of Forms:
o Amends the money services business license application and quarterly report forms to incorporate
gold and silver coin.
o Creates a gold and silver coin disclosure form for money services businesses that must be provided
to customers before the purchase of a product or service related to gold or silver coin.

 69V-560.102–Application or Appointment Procedures and Requirements:
o Provides that an applicant for a money services business license who intends to engage in conduct
as a custodian of gold coin or silver coin is required to be examined by OFR prior to licensure.
o Establishes procedures for examination and requires applicants to agree to schedule an
examination within sixty days after notification by OFR that the applicant is ready for examination.
o Provides that a material change3 to a money services business application includes changes to
whether the applicant intends to offer services related to gold or silver coin.
o Requires licensed money services businesses who wish to become custodians of gold or silver coin
to file a new money services business license application with OFR as well as a notice of
termination of licensure, which is effective upon disposition of the new application by OFR.

 69V-560.7032–Records to Be Maintained when Engaged in Transactions Involving Gold and Silver Coin:
o Requires money services businesses that transmit, store, exchange, or accept payments in gold or
silver coin to maintain and make available various records to OFR.

 69V-560.7033–Gold Coin and Silver Coin Disclosures:

2 The disciplinary guidelines can be found here, Disciplinary Guidelines (last visited Jan. 23, 2026).
3 Requests to make material changes to applications for a money services business license are grounds for denial and a new

application will be required. Rule 69V-560.102(6), F.A.C.
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CS/HB 1311
o Requires money services businesses to make specific disclosures available to a customer before the
customer purchases or uses a service or product related to gold or silver coin.

 69V-560.7034–Accredited Refiner or Wholesaler of Gold Coin or Silver Coin:
o Provides that an accredited refiner or wholesaler of gold coin or silver coin means a person who
has received accreditation by the London Bullion Market Association (“LBMA”).4

 69V-560.7035–Chain of Custody Related to Gold or Silver Coin:
o Creates chain of custody requirements for money services businesses for gold and silver coin, such
as requiring documentation and maintenance of information on the owners, sellers, buyers,
shippers and/or deliverers of gold and silver coin as well as details relating to the coin.

 69V-560.7036–Rapid Response Time by Law Enforcement:
o Provides criteria for determining whether a custodian of gold and silver coin is located in a manner
that enables rapid response time by law enforcement.

Repeal of Section 18 of ch. 2025-100, Laws of Fla.
The bill repeals Section 18 of ch. 2025-100, Laws of Fla. which provides that the provisions of HB 999 (2025) will
be repealed on June 30, 2026, unless reviewed and saved from repeal through reenactment by the Legislature after
ratification of the required rules. (Section 2).

Effective date:
The bill provides that the act shall take effect upon becoming a law. (Section 4).

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector, to the extent that amending the definition of
“custodian of gold coin or silver coin” narrows the scope of who constitutes a custodian and therefore who must
comply with applicable laws and regulations.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Financial Services Regulatory Bodies in Florida
Florida’s financial regulatory framework includes OFR and FSC. OFR is responsible for overseeing and licensing
financial institutions, money services businesses, securities firms, and mortgage entities.5 FSC, composed of the
Governor and Cabinet, serves as the rulemaking body for OFR and provides overall policy direction.6 OFR operates
under the policy direction of FSC and enforces state financial laws and regulations. Together, these entities are
responsible for implementing and enforcing Florida’s financial regulatory laws.

Legal Tender under Federal and State Law
Article I, Section 10, Clause 1 of the United States Constitution, prohibits states from coining money but permits
them to "make gold and silver coin a tender in payment of debts."7 This provision authorizes states to recognize

4 LBMA is an international trade association representing the gold and silver bullion market. LBMA sets standards for trading

precious metals. LBMA, About Us, https://www.lbma.org.uk/about-us/about-the-lbma (Last visited Jan. 26, 2026).
5 S. 20.121(3), F.S.
6 S. 20.121(3)(c), F.S.
7 U.S. Const. art. 1. § 10. Cl. 1.

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CS/HB 1311
gold and silver coin as legal tender for the payment of debts and taxes but prohibits states from creating or issuing
their own currencies or recognizing other forms of money as tender.8

Article I, Section 8, Clause 5 of the U.S. Constitution grants Congress the exclusive power to coin money and
regulate its value.9 However, Congress has not preempted state authority to recognize specie10 as legal tender for
state and private transactions.

Under 31 U.S.C. § 5103, only United States coins and currency (including Federal Reserve notes) are recognized as
legal tender for the payment of debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal
tender for debts under federal law, though they may be lawfully bought, sold, and owned as commodities or
investment assets.11 However, a state may choose to recognize gold and silver coins as legal tender within its
jurisdiction, though such coins would not have national legal tender status.

HB 999 (2025)
House Bill 999 (2025) (“HB 999”), which designates gold and silver coins as legal tender, passed the Legislature
during the 2025 legislative session and was approved by the Governor on May 27, 2025. HB 999 required the Chief
Financial Officer (“CFO”) and the Financial Services Commission (“FSC”) to adopt implementing rules by November
1, 2025, and required DFS and OFR to submit said rules as part of a joint report to the Governor and Legislature by
November 1, 2025. HB 999 required the report to include implementation plans and any concerns or
recommendations for additional legislation.12

HB 999 provided that the rules adopted by the CFO and the FSC will not take effect unless ratified by the
Legislature. The provisions requiring rule adoption and submission of a joint report took effect upon HB 999
becoming law. The remaining provisions of HB 999 are scheduled to take effect on July 1, 2026, subject to rule
ratification. Section 18 of Chapter 2025-100, Laws of Fla. provides that if the Legislature does not ratify the rules,
the provisions of HB 999 will be repealed on June 30, 2026.13

Legal tender designation
HB 999 recognizes certain gold coin and silver coin as legal tender in Florida for the payment of debts incurred on
or after July 1, 2026.14 HB 999 defines key terms such as “gold coin”15 and “silver coin”16 and provides that only coin
meeting specified purity and marking standards qualifies. No individual, business, or government entity is required
to accept such coin unless agreed to by contract.17

8 Id.
9 U.S. Const. art. 1. § 8. Cl. 5.
10 Specie refers to money in the form of coins, especially those made of gold or silver. See Black’s Law Dictionary (11th ed.

2019) (“Specie: Coined money, as opposed to paper money; esp., gold or silver coins.”).
11 31 U.S.C. § 5103.
12 The required rules and report were submitted by the deadline.
13 Ch. 2025-100, Laws of Fla.
14 Id.
15 HB 999 defines “gold coin” as a precious metal with the chemical element of atomic number 79 in solid form, in the shape of

rounds, bars, ingots, or bullion coins, which is valued for its metal content and stamped or imprinted with its weight and purity
and which solid form of chemical element atomic number 79 consists of at least 99.5 percent purity. The term does not include
any goods as defined in s. 672.105(1), F.S., such as jewelry, other items of utility, such as picture frames, or collectables. Ch.
2025-100, Laws of Fla.
16 HB 999 defines “silver coin” as a precious metal with the chemical element of atomic number 47 in solid form, in the shape

of rounds, bars, ingots, or bullion coins, which is valued for its metal content and is stamped or imprinted with its weight and
purity and which solid form of chemical element atomic number 47 consists of at least 99.9 percent purity. The term does not
mean any goods as defined in s. 672.105(1), F.S., such as jewelry, other items of utility, such as picture frames, or collectables.
Ch. 2025-100, Laws of Fla.
17 Ch. 2025-100, Laws of Fla.

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CS/HB 1311
Sales and Use Tax
HB 999 exempts from sales tax any gold or silver coin that is legal tender in Florida under the newly created legal
tender statute.18 HB 999 establishes a presumption of eligibility for this exemption if the coin is stamped with
appropriate purity markings or transacted electronically.19

Licensing and Regulation of Custodians
HB 999 defines “custodian of gold coin or silver coin” as any person or entity providing secure vault facilities to one
or more persons for the safekeeping and storage of gold coin or silver coin, the ownership of which is or may be
transferred electronically, and includes any person who holds gold or silver coin for more than 10 days.20 The term
does not include a person holding gold or silver coin for personal use as legal tender.21

HB 999 creates a distinct licensing framework for custodians of gold and silver coin by expanding the definition of
money transmitters22 to include such custodians, thereby requiring them to obtain a money transmitter license23
and comply with regulatory examinations.24

Applicants seeking a money transmitter license to become a custodian of gold or silver coin must meet existing
requirements for money transmitters and must comply with additional requirements for custodians, including
submitting evidence of insurance coverage, secure physical custody, accreditation from an OFR-approved entity,
and a statement of how the business will operate in a safe and sound manner.25

Custody of Public Deposits
HB 999 requires custodians of gold or silver coin that hold public deposits to be meet the standards of a qualified
public depository under Florida law.26

In Florida, institutions holding state funds must be a qualified public depository27 under the Qualified Public
Depository Act, which requires designation by the CFO, collateralization of public deposits,28 reporting,29 and
compliance with minimum liquidity and solvency standards.30 Generally, institutions must be federally insured,
although limited exemptions may apply for entities that hold non-cash assets.31

18 Id.
19 Id.
20 Id.
21 Id.
22 “Money transmitter” means a corporation, limited liability company, limited liability partnership, or foreign entity which

receives currency, monetary value, a payment instrument, or virtual currency for the purpose of acting as an intermediary for
transmission from one person to another location or person by any means, including transmission by wire, facsimile,
electronic transfer, courier, the Internet, or through bill payment services or other businesses that facilitate such transfer
within this country, or to or from this country. The term includes only an intermediary that has the ability to unilaterally
execute or indefinitely prevent a transaction. S. 560.103(24), F.S.
23 A money transmitter is one type of money services business. S. 560.103(23), F.S.
24 Id.
25 Id.
26 Except that such custodians are not required to be insured by the Federal Deposit Insurance Corporation or the National

Credit Union Share Insurance Fund.
27 See s. 280.02(26), F.S. (defining “qualified public depository”).
28 See s. 280.04(1), F.S.
29 See s. 280.16, F.S.
30 See Rule 69C-2.026, F.A.C.
31 See s. 280.03(3), F.S. (permitting exceptions to federal insurance requirements under certain conditions).

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CS/HB 1311
Money Services Businesses:
HB 999 requires money services businesses32 who offer products or services involving gold or silver coin to comply
with operational and disclosure requirements.33 These include maintaining separate accounts for precious metal
coin, insuring gold and silver coin at full replacement value, securely storing gold and silver coin with a licensed
custodian, purchasing gold and silver coin only from accredited refiners or wholesalers, and making disclosures.34

Financial Institutions
HB 999 requires financial institutions35 that offer products or services related to gold coin to comply with
operational and disclosure standards.36 These include insuring the full replacement value of any coin held,
maintaining separate accounts and accurate transaction records, complying with anti-money laundering laws, and
making full disclosures to customers about their rights, fees, and the institution’s obligations.37 A financial
institution may contract with a licensed custodian to physically hold gold or silver coin on its behalf but remains
responsible for ensuring that the custodian complies with all applicable requirements.38

Precious Metals-Backed Electronic Payment Systems
Precious metals-backed electronic payment systems are digital platforms that allow users to store and transact
using units backed by physical precious gold or silver.39 These systems allow users to maintain accounts
denominated in gold or silver and spend from those accounts using debit cards or mobile applications.40

Such systems rely on physical bullion stored in secure vaults, often accredited by international organizations that
set industry standards. Users may conduct transactions based on their bullion holdings and may redeem their
digital balances for physical delivery of gold or silver.41 While these systems offer an alternative to traditional fiat
currency (government-issued currency that is not backed by a physical commodity) transactions, they are typically
not insured by the Federal Deposit Insurance Corporation and are subject to various state and federal regulatory
requirements, including anti-money laundering, cybersecurity, and fraud prevention measures.42

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 999 - Legal Tender Bankson, LaMarca The bill passed in 2025.

32 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. Money services businesses must be licensed with OFR. Ss. 560.103 and 560.125, F.S.
33 Ch. 2025-100, Laws of Fla.
34 Id.
35 “Financial institution” means a state or federally regulated bank, savings or thrift association, trust company, credit union, or

other entity authorized under state or federal law to conduct domestic or international banking, trust, or financial activities. S.
655.005(1)(i), F.S.
36 Ch. 2025-100, Laws of Fla.
37 Id.
38 Id.
39 Christian Bender, A Gold Standard for the Internet? An Introductory Assessment, 11 Electronic Markets p. 123 (2001),

Electronic Markets (last visited Jan. 22, 2026).
40 Bender, supra note 1, at 122.
41 Digital Gold: Understanding Cryptocurrency Backed by Physical Gold, BlockApps (2023), Digital Gold (last visited Jan. 22,

2026).
42 Lael Brainard, Governor, Bd. of Governors of the Fed. Rsrv. Sys., The Digitalization of Payments and Currency: Some Issues for

Consideration (Feb. 5, 2020), Digitalization of Payments and Currency (last visited Jan. 22, 2026).
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CS/HB 1311
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 Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE  Corrected a rule number from 69U-100.97 to 69U-100.097.
COMMITTEE:
Commerce Committee Hamon Highsmith

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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 1311 2026

1 A bill to be entitled
2 An act relating to legal tender; ratifying specified
3 rules relating to legal tender for the sole and
4 exclusive purpose of satisfying any condition on
5 effectiveness pursuant to chapter 2025-100, Laws of
6 Florida; repealing s. 18 of chapter 2025-100, Laws of
7 Florida, which repeals specified provisions relating
8 to legal tender; amending chapter 2025-100, Laws of
9 Florida; revising the definition of the terms
10 "custodian of gold coin or silver coin" and
11 "custodian"; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. The following rules are ratified for the sole
16 and exclusive purpose of satisfying any condition on
17 effectiveness imposed under chapter 2025-100, Laws of Florida:
18 Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026,
19 69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012,
20 69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V-
21 560.7035, and 69V-560.7036, Florida Administrative Code,
22 entitled "Definitions," "Designation of a Qualified Public
23 Depository," "Financial Information Reports by a Qualified
24 Public Depository," "Requirements of Public Depositors,"
25 "Administration of Payment of Losses," "Disqualification,

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CS/HB 1311 2026

26 Suspension, and Administrative Penalty," "Custodians of Gold
27 Coin or Silver Coin," "Gold Coin or Silver Coin Deposits,"
28 "Disciplinary Guidelines," "Adoption of Forms," "Application or
29 Appointment Procedures and Requirements," "Records to Be
30 Maintained when Engaged in Transactions Involving Gold and
31 Silver Coin," "Gold Coin and Silver Coin Disclosures,"
32 "Accredited Refiner or Wholesaler of Gold Coin or Silver Coin,"
33 "Chain of Custody Related to Gold or Silver Coin," and "Rapid
34 Response Time by Law Enforcement," respectively, as filed for
35 adoption with the Department of State pursuant to the
36 certification packages dated October 31, 2025, and November 1,
37 2025.
38 Section 2. Section 18 of chapter 2025-100, Laws of
39 Florida, is repealed.
40 Section 3. Subsection (13) of section 4 of chapter 2025-
41 100, Laws of Florida, is amended to read:
42 Section 4. Effective July 1, 2026, upon legislative
43 ratification of rules of the Financial Services Commission and
44 the Chief Financial Officer as provided in section 17 of this
45 act, present subsections (13) through (19), (20) through (34),
46 and (35) and (36) of section 560.103, Florida Statutes, are
47 redesignated as subsections (14) through (20), (22) through
48 (36), and (38) and (39), respectively, new subsections (13) and
49 (21) and subsection (37) are added to that section, and present
50 subsections (18) and (24) of that section are amended, to read:

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CS/HB 1311 2026

51 560.103 Definitions.—As used in this chapter, the term:
52 (13) "Custodian of gold coin or silver coin," or
53 "custodian," as used for purposes of transactional gold or
54 silver, "Custodian of gold coin or silver coin" or "custodian"
55 means any person or entity providing secure vault facilities to
56 one or more persons for the safekeeping and storage of gold coin
57 or silver coin, the ownership of which is intended to be able to
58 or may be transferred electronically as defined in s. 215.986(1)
59 for legal tender. The term includes any person who holds gold
60 coin or silver coin for more than 10 days. The term does not
61 include a person who holds gold coin or silver coin for personal
62 use as legal tender, or a person or entity that holds gold or
63 silver that is not intended to be used as legal tender.
64 Section 4. This act shall take effect upon becoming a law.

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COMMERCE COMMITTEE

CS/HB 1311 by Rep. Bankson
Legal Tender

AMENDMENT SUMMARY
February 24, 2026

Amendment #779949 by Rep. Bankson (strike-all):
• Amends the definitions of “gold coin” and “silver coin” to clarify that purity
requirements apply to the entire coin and not to isolated components of the coin.
• Provides that gold or silver coin recognized as legal tender may be stamped or
marked with artistic or decorative designs, if such designs are integral to the
coin’s surface, do not indicate or imply government issuance, and otherwise
meet purity requirements.
• Amends the definition of “custodian of gold coin or silver coin,” or “custodian” to
clarify that the term does not include persons or entities holding gold or silver
coin that is not transferred electronically for legal tender or is not intended to be
transferred electronically for legal tender.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (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 Bankson offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6
7 Section 1. The following rules are ratified for the sole
8 and exclusive purpose of satisfying any condition on
9 effectiveness imposed under chapter 2025-100, Laws of Florida:
10 Rules 69C-2.004, 69C-2.005, 69C-2.016, 69C-2.022, 69C-2.026,
11 69C-2.034, 69C-2.035, 69U-100.097, 69V-560.1000, 69V-560.1012,
12 69V-560.102, 69V-560.7032, 69V-560.7033, 69V-560.7034, 69V-
13 560.7035, and 69V-560.7036, Florida Administrative Code,
14 entitled "Definitions," "Designation of a Qualified Public
15 Depository," "Financial Information Reports by a Qualified
16 Public Depository," "Requirements of Public Depositors,"
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

17 "Administration of Payment of Losses," "Disqualification,
18 Suspension, and Administrative Penalty," "Custodians of Gold
19 Coin or Silver Coin," "Gold Coin or Silver Coin Deposits,"
20 "Disciplinary Guidelines," "Adoption of Forms," "Application or
21 Appointment Procedures and Requirements," "Records to Be
22 Maintained when Engaged in Transactions Involving Gold and
23 Silver Coin," "Gold Coin and Silver Coin Disclosures,"
24 "Accredited Refiner or Wholesaler of Gold Coin or Silver Coin,"
25 "Chain of Custody Related to Gold or Silver Coin," and "Rapid
26 Response Time by Law Enforcement," respectively, as filed for
27 adoption with the Department of State pursuant to the
28 certification packages dated October 31, 2025, and November 1,
29 2025.
30 Section 2. Section 18 of chapter 2025-100, Laws of
31 Florida, is repealed.
32 Section 3. Paragraphs (c) and (f) of subsection (1) and
33 paragraph (a) of subsection (2) of section 215.986, Florida
34 Statues, are amended to read:
35 215.986 Gold and silver coin as legal tender.—
36 (1) DEFINITIONS.—As used in this section, the term:
37 (c) “Gold coin” means a precious metal with the chemical
38 element of atomic number 79 in solid form, in the shape of
39 rounds, bars, ingots, or bullion coins, which is valued for its
40 metal content and stamped or imprinted with its weight and
41 purity and which solid form of chemical element atomic number 79
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

42 consists of at least 99.5 percent purity. The purity requirement
43 applies to the entire coin or item as a single unit and not to
44 any isolated component or embedded portion of the gold. The term
45 does not include items that incorporate gold within nonmetal
46 substrates, including, but not limited to, polymer, plastic,
47 paper, or other composite materials, regardless of the purity of
48 the gold component. The term also does not include any goods as
49 defined in s. 672.105(1), such as jewelry; other items of
50 utility, such as picture frames; or collectibles.
51 (f) “Silver coin” means a precious metal with the chemical
52 element of atomic number 47 in solid form, in the shape of
53 rounds, bars, ingots, or bullion coins, which is valued for its
54 metal content and is stamped or imprinted with its weight and
55 purity and which solid form of chemical element atomic number 47
56 consists of at least 99.9 percent purity. The purity requirement
57 applies to the entire coin or item as a single unit and not to
58 any isolated component or embedded portion of the silver. The
59 term does not include items that incorporate silver within
60 nonmetal substrates, including, but not limited to, polymer,
61 plastic, paper, or other composite materials, regardless of the
62 purity of the silver component. The term also does not mean any
63 goods as defined in s. 672.105(1), such as jewelry; other items
64 of utility, such as picture frames; or collectibles.
65 (2) LEGAL TENDER.—Gold coin and silver coin that meet the
66 requirements of this section are recognized as legal tender by
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

67 this state for the payment of debts incurred on or after July 1,
68 2026.
69 (a) Gold coin or silver coin recognized as legal tender in
70 this section may not be imprinted, stamped, or otherwise marked
71 with any name, symbol, or other information or design,
72 indicating the face value of the coin in the official currency
73 of any government, or with a country’s name on the coin or
74 phrases implying governmental issuance or that the coin was
75 minted by a government mint. including, but not limited to, any
76 suggestion that such coin has been minted or issued by any
77 government, Except as prohibited in this paragraph, the that
78 such coin must be imprinted, stamped, or otherwise marked with
79 the coin’s weight and purity and may be imprinted, stamped, or
80 otherwise marked with the name or symbol that identifies any
81 refiner or mint of the gold coin or silver coin. Additional
82 artistic or decorative designs, such as images of animals,
83 historical figures, or patterns, are permitted if they are
84 integral to the coin’s surface and do not imply governmental
85 issuance as provided in this paragraph, and if the coin
86 otherwise meets the purity and form requirements in subsection
87 (1). A gold coin or silver coin that does not meet the
88 requirements of this paragraph is not recognized as legal tender
89 for the payment of debts in this state.
90 Section 4. Subsection (13) of section 4 of chapter 2025-
91 100, Laws of Florida, is amended to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

92 Section 4. Effective July 1, 2026, upon legislative
93 ratification of rules of the Financial Services Commission and
94 the Chief Financial Officer as provided in section 17 of this
95 act, present subsections (13) through (19), (20) through (34),
96 and (35) and (36) of section 560.103, Florida Statutes, are
97 redesignated as subsections (14) through (20), (22) through
98 (36), and (38) and (39), respectively, new subsections (13) and
99 (21) and subsection (37) are added to that section, and present
100 subsections (18) and (24) of that section are amended, to read:
101 560.103 Definitions.—As used in this chapter, the term:
102 (13)(a) "Custodian of gold coin or silver coin," or
103 "custodian," as used for purposes of transactional gold coin or
104 silver coin, "Custodian of gold coin or silver coin" or
105 "custodian" means any person or entity providing secure vault
106 facilities to one or more persons for the safekeeping and
107 storage of gold coin or silver coin, the ownership of which is
108 or may be transferred electronically as defined in s. 215.986(1)
109 for legal tender as defined in s. 215.986(1), or is intended to
110 be transferred electronically for legal tender.
111 (b) The term includes any person who holds gold coin or
112 silver coin for more than 10 days. The term does not include a
113 person who holds gold coin or silver coin for personal use as
114 legal tender, or a person or entity that holds gold coin or
115 silver coin that is not intended to be used as legal tender. The
116 term also does not include any person or entity that provides
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

117 secure vault facilities to one or more persons for the safe
118 keeping and storage of gold coin or silver coin, which is not
119 transferred electronically or intended to be transferred
120 electronically for legal tender while the person or entity
121 possesses the gold coin or silver coin in its secure vault
122 facilities.
123 (c) There is a rebuttable presumption that gold coin and
124 silver coin is not intended to be transferred electronically for
125 legal tender if the owner of such coin affirms in writing that
126 such coin will not be transferred electronically for legal
127 tender while it is in the person or entity’s secure vault
128 facilities.
129 (d) For purposes of this subsection, the term
130 “transactional gold coin or silver coin” means gold coin or
131 silver coin which is intended to be used, transferred, or
132 exchanged as legal tender in a commercial or financial
133 transaction through electronic or digital means.
134 Section 5. This act shall take effect upon becoming a law.
135
136
137 -----------------------------------------------------
138 T I T L E A M E N D M E N T
139 Remove everything before the enacting clause and insert:
140 An act relating to legal tender; ratifying specified
141 rules relating to legal tender for the sole and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1311 (2026)
Amendment No.

142 exclusive purpose of satisfying any condition on
143 effectiveness pursuant to chapter 2025-100, Laws of
144 Florida; repealing s. 18 of chapter 2025-100, Laws of
145 Florida, which repeals specified provisions relating
146 to legal tender; amending s. 215.986, F.S.; revising
147 definitions; amending chapter 2025-100, Laws of
148 Florida; revising the definition of the terms
149 "custodian of gold coin or silver coin" and
150 "custodian"; providing an effective date.
151

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CS/HB 1387
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 1387 COMPANION BILL: SB 1236 (Massullo)
TITLE: State Economic Development Contracts LINKED BILLS: None
SPONSOR(S): Overdorf RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
11 Y, 4 N, As CS  Development Budget 
11 Y, 4 N

SUMMARY
Effect of the Bill:
The bill creates the Taxpayer Dollars Protect Workers Act (Act) to provide that, in order to be eligible for an
economic development incentive, an employer may not:
 Grant recognition rights for employees solely on the basis of signed labor organization authorization cards
if the selection of a bargaining representative could instead be accomplished through a secret ballot
election by the National Labor Relations Board;
 Voluntarily disclose an employee’s personal contact information to a labor organization without the
employee’s prior written consent;
 Sign a neutrality agreement with a labor organization; or
 Require a subcontractor to engage in any of the foregoing activities.

The bill requires the Department of Commerce (Department), before awarding an economic development
incentive, to enter into a separate agreement with the recipient of the incentive to reserve the right of the
Department to recover any incentives if the recipient violates the Act. The bill authorizes anyone to report a
suspected violation of the Act to the Attorney General (AG) and requires the AG to investigate the violation. If the
AG finds the employer in violation of the Act the AG must initiate proceedings to recover incentives awarded to the
employer.

Fiscal or Economic Impact:
The bill appears to have an indeterminate fiscal impact on state expenditures. The bill will have an insignificant
fiscal impact on Department workload. The bill may have an indeterminate negative fiscal impact on the AG, but it
is expected the AG can handle the workload within its existing resources.
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ANALYSIS
EFFECT OF THE BILL:
The bill creates the “Taxpayer Dollars Protect Workers Act” (Act). (Section 1).

The bill provides the following definitions:
 “Contract” means an agreement between an employer and the state, or an agreement between an employer
and a labor organization.
 “Economic development incentive” means a state grant, authorized under this chapter for the purposes of
economic development, provided to an employer to attract or retain the employer's physical presence in
this state.
 “Employee” means an individual who performs services for an employer for wages that are subject to
withholding requirements under 26 U.S.C. s. 3402.

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 “Employer” means a business entity that voluntarily pursues economic development incentives authorized
under this section or enters into an agreement with the Department of Commerce (Department) for the
purpose of receiving those incentives.
 “Labor organization” means any organization of any kind, or any agency or employee representation
committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages, hours of employment, or conditions
of work.
 “Neutrality agreement” means an agreement signed with a labor organization wherein the employer agrees
to conditions including, but not limited to, not speaking to employees about labor organization issues.
 “Personal contact information” means an employee's home address, home or personal cellular telephone
number, or personal e-mail address.
 “Secret ballot election” means a process conducted by the National Labor Relations Board (NLRB) in which
an employee casts a secret ballot for or against labor organization representation.
 “Subcontractor” means a person or entity that has contracted with an employer to perform work or
provide services. (Section 2).

The bill establishes that to be eligible for an economic development incentive, an employer may not:
 Grant recognition rights for employees solely on the basis of signed labor organization authorization cards
if the selection of a bargaining representative could have been conducted through a secret ballot election
by the National Labor Relations Board (NLRB).
 Voluntarily disclose an employee’s personal contact information to a labor organization, or a third party
acting on behalf of a labor organization, without the employee’s prior written consent, unless otherwise
required by state or federal law.
 Sign a neutrality agreement with a labor organization.
 Require a subcontractor performing work for or providing services to the employer to engage in the above
prohibited activities. (Section 2).

The bill provides that eligibility requirements apply to any work or service for an employer on a project for which
an economic development incentive is awarded. (Section 2).

The bill authorizes a person or an entity to report a suspected violation of the Act to the Attorney General (AG)
during the term of the separate agreement entered into between the Department and the employer. Upon receiving
a report, the AG must determine whether a violation has occurred and must request from the employer a copy of
the written agreement executed pursuant to the Act. An employer’s refusal to provide the written agreement to the
AG constitutes a violation of the separate agreement between the Department and the employer. (Section 2).

The bill requires the AG to deliver written findings to the employer alleged to be in violation within 60 days. If the
AG finds that the employer violated the written agreement executed pursuant to the Act, the AG must initiate
proceedings to recover funds awarded to the employer. The AG’s findings are final. (Section 2).

Before awarding an economic development incentive, the bill requires the Department to execute a separate
agreement with the recipient of the incentive that reserves the right of the Department to recover the amount of
money, grants, funds, or other incentives disbursed by the Department if the recipient benefitting from such
money, grants, funds, or other incentives fails to comply with this section. Such agreement is effective for either:
 The duration of the project, to be determined by the Department, for an economic development incentive of
less than $5 million; or
 No longer than 5 years, for an economic development incentive of $5 million or more. (Section 2).

The bill applies prospectively and excludes:
 A contract between the state and an employer executed before July 1, 2026; or
 A contract between an employer and a labor organization executed before July 1, 2026. (Section 2).

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

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill requires the Department to enter into a separate agreement with economic development incentive
recipients. Because the Department is currently required to enter into agreements with incentive recipients, and
since this new activity aligns with current responsibilities of the Department, there will likely be an insignificant
impact on their workload.

The bill however, creates new responsibilities and requirements for the Attorney General (AG). The bill requires
the AG to investigate reported violations of the provisions of the Act. If the AG finds an employer in violation of
their written agreement with the Department, the AG must initiate proceedings to recover funds awarded to the
employer. This provision bill will likely have an have an indeterminate negative fiscal impact on the AG, but it is
expected the AG can handle the workload within its existing resources. Additionally, any potential recovery of
funds cannot be quantified at this time.

PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector to the extent a recipient of an economic development
incentive will be required to enter into a certain agreement with the Department in order to be eligible for such
incentive.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Economic Development Incentives
Florida’s current economic incentive framework reflects a major restructuring following the enactment of Chapter
2023-173, Laws of Florida, which eliminated Enterprise Florida, Inc. and consolidated economic development
authority under the Florida Department of Commerce (Department).1 The legislation repealed or removed several
long-standing incentive programs, including the Qualified Target Industry Tax Refund, Quick Action Closing Fund,
and Innovation Incentive Program, while adding programs such as the Florida Job Growth Grant Fund, the
Research and Development Tax Credit Program, and rural and urban job tax credits to the state’s review cycle.2

Florida’s economic development system is multi-faceted and includes public agencies, non-profit corporations, and
private entities at the state, regional, and local level.3 A core principle of the state’s economic development
incentive programs is that businesses are paid based on verified performance, meaning no tax dollars are paid
until job creation or capital investment numbers are audited and confirmed.4 Florida provides different types of
incentives such as tax refunds, tax exemptions, tax credits, and performance based grants.5

To apply for an economic incentive program, a business must submit a complete application to the Division of
Economic Development of the Department, which will ensure completeness, identify required state and local
permits (and whether they can be waived), and evaluate the potential incentives and their economic benefits using
methods from the Office of Economic and Demographic Research.6 Within 10 business days of receiving a complete

1 Office of Program Policy Analysis and Government Accountability (OPPAGA), Economic Development Programs: 2025,

https://oppaga.fl.gov/Documents/Reports/25-08.pdf (last visited Feb. 17, 2026).
2 Id.
3 FloridaCommerce, Types of Incentive Awards, https://www.floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal/types-of-incentive-awards (last visited Feb. 17, 2026).
4 FloridaCommerce, Economic Development Incentives Portal, https://floridajobs.org/office-directory/division-of-economic-

development/economic-development-incentives-portal (last visited Feb. 17, 2026).
5 FloridaCommerce, supra note 3.
6 S. 288.061(1), F.S.

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application, the Secretary of Commerce approves or denies the request and provides a written justification.7
Approved incentives are governed by contracts detailing the award amount, performance requirements, payment
schedule, and sanctions, with funds released only if appropriated by the Legislature.8 The Department validates
contractor performance annually and reports the results, while applicants must certify the accuracy of submitted
information and comply with the E-Verify system, with noncompliance requiring repayment of funds.9

Labor Organizations
The State Constitution provides that “[t]he right of persons to work shall not be denied or abridged on account of
membership or non-membership in any labor union or labor organization.”10 Based on this constitutional right,
Florida is regarded as a “right-to-work” state.

Florida law defines “labor organization” as any organization of employees or local or subdivision thereof, the
members of which are residents of the state, whether incorporated or not, organized for the purpose of negotiating
with employers on issues such as work hours, rate of pay, working conditions, or grievances of any kind relating to
employment, and which is recognized as a unit of bargaining by one or more employers doing business in Florida.11

The State Constitution also guarantees that “the right of employees, by and through a labor organization, to bargain
collectively shall not be denied or abridged.”12 To implement this constitutional provision, the Legislature enacted
ch. 447, F.S., which provides that employees in Florida have the right to:
 Self-organization;
 Form, join, or assist labor unions or labor organizations, or refrain from such activity;
 Bargain collectively through representatives of their own choosing; and
 Engage in concerned activities for the purpose of collective bargaining or other mutual aid or protection.13

Labor organizations in Florida are prohibited from charging an initiation fee in excess of $15,14 and are required to
keep accurate books of accounts that itemize all receipts and expenditures.15 Additionally, it is unlawful for any
person in Florida to engage in any of the following activities:16
 To interfere with or prevent the “right of franchise”17 of any member of a labor organization.18
 To prohibit or prevent any election of the officers of a labor organization.19
 To charge, receive, or retain any dues, assessments, or other charges in excess of, or not authorized by, the
constitution or bylaws of a labor organization.20
 To solicit membership for or to act as a representative of an existing labor organization without authority
of such labor organization to do so.21

7 S. 288.061(3), F.S.
8 S. 288.061(3)(a), F.S.
9 S. 288.061(4) and (6), F.S.
10 FLA. CONST. art. I, s. 6.
11 S. 447.02(1), F.S.
12 FLA. CONST. art. I, s. 6.
13 S. 447.03, F.S.
14 This prohibition does not apply to initiation fees in effect on January 1, 1940, which may continue as authorized. S. 447.05,

F.S.
15 A member of a labor organization is entitled to inspect the books, records, and accounts of such labor organization at a

reasonable time. See s. 447.07, F.S.
16 See s. 447.09(1)-(13), F.S.
17 The “right of franchise” includes the right of an employee to make complaint, file charges, give information or testimony

concerning the violations of ch. 477, F.S., or the petitioning to a union regarding any grievance he or she may have concerning
membership or employment, or the disclosure of facts concerning such grievance or violations of law to any public official, and
the right of free petition, lawful assemblage, and free speech. S. 447.09(1), F.S.
18 Id.
19 S. 447.09(2), F.S.
20 S. 447.09(5), F.S.
21 S. 447.09(6), F.S.

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 To engage in picketing by force and violence, or to picket in such a manner as to prevent ingress and egress
to and from any premises, or to picket other than in a reasonable and peaceable manner.22

National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 and vested with the
power to safeguard employees’ rights to organize, engage with one another to seek better working conditions,
choose whether or not to have a collective bargaining representative negotiate on their behalf with their employer,
or refrain from doing so.23 The NLRB also acts to prevent and remedy unfair labor practices committed by private
sector employers and unions, and conducts secret-ballot elections regarding union representation.24 The NLRB is a
bifurcated agency governed on one side by a five-person board and on the other side by a general counsel.25 The
board acts as a quasi-judicial body and decides cases in administrative proceedings, and the general counsel is
responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of
the NLRB field offices in the processing of cases.26

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 11 Y, 4 N, As CS 2/5/2026 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE  Revised the definitions of “contract,” “employee,” and “employer”;
COMMITTEE:  Required the Attorney General to determine whether a violation of the
separate agreement entered into by the Department and the employer has
occurred; and
 Reduced the term of the separate agreement for economic development
incentive awards of $5 million or more from 20 years to no more than 5
years.
Transportation & Economic 11 Y, 4 N 2/12/2026 Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee Hamon Rodriguez

22 S. 447.09(11), F.S.
23 National Labor Relations Boards, About NLRB, https://www.nlrb.gov/ (last visited Feb. 17, 2026).
24 Id.
25 Id.
26 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

CS/HB 1387 2026

1 A bill to be entitled
2 An act relating to state economic development
3 contracts; providing a short title; creating s.
4 288.0615, F.S.; defining terms; requiring an employer
5 to sign an agreement with the Department of Commerce
6 before becoming eligible for an economic development
7 incentive; specifying the provisions of the agreement;
8 providing applicability; authorizing persons and
9 entities to report a suspected violation to the
10 Attorney General within a specified timeframe;
11 requiring the Attorney General to determine whether a
12 violation has occurred; requiring the Attorney General
13 to request certain information from the employer
14 alleged to be in violation; providing that refusal of
15 such employer to provide such information is in
16 violation of the agreement; requiring the Attorney
17 General to deliver his or her findings to such
18 employer within a specified timeframe; requiring the
19 Attorney General to initiate proceedings to recover
20 funds awarded to the employer if the employer is found
21 to have violated the agreement; providing that the
22 Attorney General's findings are final; requiring the
23 department to execute a separate written agreement
24 with the recipient of the economic development
25 incentive before the department awards the incentive;

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26 specifying the contents of the separate agreement;
27 providing the effective periods of the separate
28 agreement; providing applicability; providing an
29 effective date.
30
31 WHEREAS, the state has the right to set terms and
32 conditions in connection with the awarding of economic
33 development incentives as part of its economic development
34 policy, and
35 WHEREAS, the state seeks to play an integral role in the
36 formulation of economic opportunities, conditions of grants, and
37 general management of compliance with such awards for moneys,
38 and
39 WHEREAS, the state may, as part of awarding economic
40 development incentives, oversee compliance with land use
41 regulations, including management of the subdivision of
42 property, offer and provide water and wastewater services,
43 require fire protection systems and mechanical systems for
44 buildings and structures, approve capital grants, and ensure
45 such moneys are approved by the Department of Commerce, and
46 WHEREAS, the state may, as part of awarding economic
47 development incentives, also require a private business to hire
48 a certain number of new full-time employees, require a specific
49 amount of company investment, and ensure workers obtain certain
50 skills and knowledge, and

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51 WHEREAS, the state has a vested interest in seeking to
52 advance and preserve its own interest in projects receiving
53 economic development incentives as a financer of projects
54 contributing to the state's overall economic health, and
55 WHEREAS, it is the intent of the Legislature, as part of
56 its economic development policy, that whenever state funds or
57 benefits are sought by a private business that such benefits are
58 conditioned on the private business agreeing not to waive its
59 employees' right to a secret ballot election when recognizing a
60 labor organization as a bargaining unit, or requiring
61 subcontractors to waive their employees' right to a secret
62 ballot election, and
63 WHEREAS, it is the intent of the Legislature that whenever
64 state funds or benefits are provided or awarded to a private
65 business, the private business working on a project receiving
66 state funds or benefits, may not voluntarily disclose employee
67 personal contact information to a labor organization without an
68 employee's prior consent, waive their right to speak to their
69 employees, or require subcontractors to voluntarily disclose
70 employee personal contact information to a labor organization
71 without an employee's prior consent or waive the subcontractor's
72 right to speak to the subcontractor's employees, NOW, THEREFORE,
73
74 Be It Enacted by the Legislature of the State of Florida:
75

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76 Section 1. This act may be cited as the "Taxpayer Dollars
77 Protect Workers Act."
78 Section 2. Section 288.0615, Florida Statutes, is created
79 to read:
80 288.0615 Employee protections in economic development
81 contracts.-
82 (1) As used in this section, the term:
83 (a) "Contract" means an agreement:
84 1. Between an employer and the state; or
85 2. Between an employer and a labor organization.
86 (b) "Economic development incentive" means a state grant,
87 authorized under this chapter for the purposes of economic
88 development, provided to an employer to attract or retain the
89 employer's physical presence in this state.
90 (c) "Employee" means an individual who performs services
91 for an employer for wages that are subject to withholding
92 requirements under 26 U.S.C. s. 3402.
93 (d) "Employer" means a business entity that voluntarily
94 pursues economic development incentives authorized under this
95 section or enters into an agreement with the department for the
96 purpose of receiving those incentives.
97 (e) "Labor organization" means any organization of any
98 kind, or any agency or employee representation committee or
99 plan, in which employees participate and which exists for the
100 purpose, in whole or in part, of dealing with employers

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101 concerning grievances, labor disputes, wages, hours of
102 employment, or conditions of work.
103 (f) "Neutrality agreement" means an agreement signed with
104 a labor organization wherein the employer agrees to conditions
105 including, but not limited to, not speaking to employees about
106 labor organization issues.
107 (g) "Personal contact information" means an employee's
108 home address, home or personal cellular telephone number, or
109 personal e-mail address.
110 (h) "Secret ballot election" means a process conducted by
111 the National Labor Relations Board in which an employee casts a
112 secret ballot for or against labor organization representation.
113 (i) "Subcontractor" means a person or entity that has
114 contracted with an employer to perform work or provide services.
115 (2)(a) To be eligible for an economic development
116 incentive, an employer must sign an agreement with the
117 department stating that it will not do any of the following:
118 1. Grant union recognition rights for employees solely on
119 the basis of signed labor organization authorization cards if
120 the selection of a bargaining representative may instead be
121 conducted through a secret ballot election conducted by the
122 National Labor Relations Board.
123 2. Voluntarily disclose an employee's personal contact
124 information to a labor organization, or a third party acting on
125 behalf of a labor organization, without the employee's written

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126 consent, unless otherwise required by state or federal law.
127 3. Sign a neutrality agreement with a labor organization.
128 4. Require a subcontractor performing work for or
129 providing services to the employer to engage in activities
130 prohibited in this paragraph.
131 (b) The prohibitions in paragraph (a) apply to any work or
132 service provided to the employer on the project for which the
133 economic development incentive is awarded.
134 (3)(a) A person or an entity may report, based upon a
135 reasonable belief, a violation of paragraph (2)(a) to the
136 Attorney General, provided that such report is made during the
137 term of the separate agreement entered into by the department
138 and the employer in subsection (4).
139 (b) Upon receiving the report, the Attorney General shall
140 determine whether a violation has occurred. The Attorney General
141 shall request from the employer a copy of the written agreement
142 signed pursuant to paragraph (2)(a). If the employer refuses to
143 provide the Attorney General with the written agreement, the
144 employer is in violation of the agreement entered into between
145 the employer and the department. The Attorney General must
146 deliver in writing his or her findings to the employer alleged
147 to be in violation within 60 days. If the Attorney General finds
148 that an employer has violated the written agreement signed
149 pursuant to paragraph (2)(a), he or she shall initiate
150 proceedings to recover funds awarded to the employer. The

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151 Attorney General's findings are final.
152 (4) Notwithstanding any other law to the contrary, before
153 contracting to award an economic development incentive, the
154 department must execute a separate written agreement with the
155 recipient of the economic development incentive which reserves
156 the right of the department to recover the amount of money,
157 grants, funds, or other incentives disbursed by the department
158 if the recipient benefiting from such money, grants, funds, or
159 other incentives fails to comply with this section. This
160 agreement is effective for either:
161 (a) The duration of the project, to be determined by the
162 department, for an economic development incentive award of less
163 than $5 million; or
164 (b) No longer than 5 years, for an economic development
165 incentive award of $5 million or more.
166 (5) This section does not apply to:
167 (a) A contract between the state and an employer executed
168 before July 1, 2026; or
169 (b) A contract between an employer and a labor
170 organization executed before July 1, 2026.
171 Section 3. This act shall take effect July 1, 2026.

Page 7 of 7

CODING: Words stricken are deletions; words underlined are additions.
hb1387-01-c1
COMMERCE COMMITTEE

CS/HB 1387 by Rep. Overdorf
State Economic Development Contracts

AMENDMENT SUMMARY
February 24, 2026

Amendment #237511 by Rep. Overdorf (Lines 113-151):
• Requires the Department of Commerce, instead of the Attorney General, to receive
reports, investigate, and make findings related to alleged violations of the bill.
• Removes the requirement that an employer, in order to be eligible for economic
development incentives, must require any subcontractor providing work or services to
meet the same eligibility requirements.
• Removes the definition of “subcontractor.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1387 (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 Overdorf offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 113-151 and insert:
6 (2)(a) To be eligible for an economic development
7 incentive, an employer must sign an agreement with the
8 department stating that it will not do any of the following:
9 1. Grant union recognition rights for employees solely on
10 the basis of signed labor organization authorization cards if
11 the selection of a bargaining representative may instead be
12 conducted through a secret ballot election conducted by the
13 National Labor Relations Board.
14 2. Voluntarily disclose an employee's personal contact
15 information to a labor organization, or a third party acting on

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1387 (2026)
Amendment No.

16 behalf of a labor organization, without the employee's written
17 consent, unless otherwise required by state or federal law.
18 3. Sign a neutrality agreement with a labor organization.
19 (b) The prohibitions in paragraph (a) apply to any work or
20 service provided to the employer on the project for which the
21 economic development incentive is awarded.
22 (3)(a) A person or an entity may report, based upon a
23 reasonable belief, a violation of paragraph (2)(a) to the
24 department, provided that such report is made during the term of
25 the separate agreement entered into by the department and the
26 employer in subsection (4).
27 (b) Upon receiving the report, the department shall,
28 within 60 days, determine whether a violation has occurred. If
29 the department determines that an employer has violated
30 paragraph (2)(a), the department shall deliver written notice of
31 its findings to the employer and to the Attorney General. The
32 Attorney General shall request from the employer a copy of the
33 written agreement and shall initiate proceedings to recover
34 funds awarded to the employer. The department's findings are
35 final.
36
37 -----------------------------------------------------
38 T I T L E A M E N D M E N T
39 Remove lines 10-72 and insert:

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1387 (2026)
Amendment No.

40 department within a specified timeframe; requiring the
41 department to determine whether a violation has
42 occurred; requiring the department to deliver written
43 notice to the Attorney General under certain
44 circumstances; requiring the Attorney General to
45 request certain information from the employer alleged
46 to be in violation; requiring the Attorney General to
47 initiate proceedings to recover funds awarded to the
48 employer if the employer is found to have violated the
49 agreement; providing that the department's findings
50 are final; requiring the department to execute a
51 separate written agreement with the recipient of the
52 economic development incentive before the department
53 awards the incentive; specifying the contents of the
54 separate agreement; providing the effective periods of
55 the separate agreement; providing applicability;
56 providing an effective date.
57
58 WHEREAS, the state has the right to set terms and
59 conditions in connection with the awarding of economic
60 development incentives as part of its economic development
61 policy, and
62 WHEREAS, the state seeks to play an integral role in the
63 formulation of economic opportunities, conditions of grants, and

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1387 (2026)
Amendment No.

64 general management of compliance with such awards for moneys,
65 and
66 WHEREAS, the state may, as part of awarding economic
67 development incentives, oversee compliance with land use
68 regulations, including management of the subdivision of
69 property, offer and provide water and wastewater services,
70 require fire protection systems and mechanical systems for
71 buildings and structures, approve capital grants, and ensure
72 such moneys are approved by the Department of Commerce, and
73 WHEREAS, the state may, as part of awarding economic
74 development incentives, also require a private business to hire
75 a certain number of new full-time employees, require a specific
76 amount of company investment, and ensure workers obtain certain
77 skills and knowledge, and
78 WHEREAS, the state has a vested interest in seeking to
79 advance and preserve its own interest in projects receiving
80 economic development incentives as a financer of projects
81 contributing to the state's overall economic health, and
82 WHEREAS, it is the intent of the Legislature, as part of
83 its economic development policy, that whenever state funds or
84 benefits are sought by a private business that such benefits are
85 conditioned on the private business agreeing not to waive its
86 employees' right to a secret ballot election when recognizing a
87 labor organization as a bargaining unit, and

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1387 (2026)
Amendment No.

88 WHEREAS, it is the intent of the Legislature that whenever
89 state funds or benefits are provided or awarded to a private
90 business, the private business working on a project receiving
91 state funds or benefits may not voluntarily disclose employee
92 personal contact information to a labor organization without an
93 employee's prior consent or waive its right to speak to its
94 employees, NOW, THEREFORE,

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CS/HB 1389
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 1389 COMPANION BILL: SB 1548 (Calatayud)
TITLE: Affordable Housing LINKED BILLS: None
SPONSOR(S): Redondo RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
15 Y, 0 N, As CS  13 Y, 2 N 

SUMMARY
Effect of the Bill:
The bill amends the Live Local Act (Act) to:
 Authorize multifamily and mixed-use residential as allowable uses on property owned by a county,
municipality, or school district, if the property is located within the geographic boundaries of the respective
county, municipality, or district, and require the county, municipality, or school district, as applicable, to be
a party to the application for the proposed development.
 Prohibit local governments from restricting the height of a proposed development through the use of
setbacks or stepbacks, and prohibit local governments from requiring setbacks or stepbacks for a proposed
development that are more restrictive than the minimum setbacks or stepbacks of the underlying zoning
applicable to the proposed development.
 Specify that farms and farm operations are not considered “commercial uses” or “industrial uses” for
purposes of the Act; and
 Authorizes developments near airports (which are otherwise exempt from the Act) if the application for a
proposed development is approved by the governing body of the airport.

The bill waives sovereign immunity for the state and any governmental entity if prohibited discrimination in a land
use decision or the permitting of a development occurs, and clarifies that discrimination based on the source of
financing for an affordable housing development is prohibited.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Live Local Act
The bill amends the Live Local Act (Act) and requires:
 Local governments1 to authorize multifamily and mixed-use residential as allowable uses on property
owned by a county, municipality, or school district, if at least 40 percent of the residential units in a
multifamily development are rental units that have an affordability period of 30 years or more;
 A proposed development on property owned by a county, municipality, or school district to be within the
geographic boundaries of the county, municipality, or school district, as applicable; and
 The respective county, municipality, or school district to be a party to the development application.
(Section 1 for counties; Section 2 for municipalities.)

1 Local government means any county or municipality. See s. 163.3164(29), F.S.

STORAGE NAME: h1389d.COM
DATE: 2/20/2026
1
CS/HB 1389
Setbacks and Stepbacks
The bill prohibits local governments from circumventing the requirements of the Act by:
 Restricting the height of a proposed development below the highest height currently allowed, or the
highest allowed on July 1, 2023, for certain buildings located in its jurisdiction through other dimensional
means, such as setbacks or stepbacks.
 Requiring setbacks or stepbacks that are more restrictive than the minimum setbacks or stepbacks of the
underlying zoning applicable to the proposed development. (Section 1 for counties; Section 2 for
municipalities.)

Farms and Farm Operations
The bill specifies that farms and farm operations, as defined in the Florida Right to Farm Act, or uses associated
with farming, including the packaging and sale of products raised on the premises, are not considered commercial
uses or industrial uses for purposes of the Act. (Section 1 for counties; Section 2 for municipalities.)

Accordingly, local governments are not required to authorize multifamily and mixed-use residential uses in areas
with a farm or farm operation or uses associated therewith. (Section 1 for counties; Section 2 for municipalities.)

The bill removes “meat packing facilities, citrus processing and packing facilities, and produce processing and
packing facilities” as industrial uses under the Act. (Section 1 for counties; Section 2 for municipalities.)

Development Applications Submitted Prior to Bill’s Effective Date
The bill allows an applicant for a proposed development who submitted an application, written request, or notice
of intent to use the provisions of the Act to a local government, and which application, written request, or notice
has been received by the local government before July 1, 2026, to:
 Notify the local government by July 1, 2026, of her or his intent to proceed under the Act as it existed at the
time the application was submitted; or
 Submit a revised application, written request, or notice of intent to account for the changes made by the
bill. (Section 3.)

Proposed Developments Near Airports
The bill allows for the approval of developments in or near airport-impacted areas, which are currently exempt
from the provisions of the Act, if the application for a development is approved by the governing body of the
relevant airport. (Section 4.)

Discrimination in Land Use and Permitting Decisions
The bill clarifies that it is unlawful to discriminate in land use decisions or in the permitting of development based
on the financing of a development or proposed development that is for affordable housing. (Section 6.)

The bill expressly waives sovereign immunity for the state and its agencies and subdivisions for a cause of action
based on a violation of the Florida Fair Housing Act. (Sections 5 and 7.)

Effective Date
The bill has an effective date of July 1, 2026. (Section 8.)

FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments that are subject to the bill’s requirements to authorize
the development of affordable housing.

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2
CS/HB 1389
PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector to the extent that the bill facilitates, and results
in an increase in the availability of, affordable housing in the state.

RELEVANT INFORMATION
SUBJECT OVERVIEW:

Affordable Housing
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income.2 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts.3 Over half of these households, or 1.3 million low-income households, spend more than 50% of their
income towards housing costs.4 This makes it difficult for those households to save for retirement or emergencies
and afford other necessities such as food and childcare.5

Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
Housing and Urban Development (HUD).6 In Florida, the current statewide AMI for a family of four is $95,300 (as
family size changes, the income range also varies):7
 Extremely-low-income – earning up to 30 percent of the AMI (at or below $28,600);8
 Very-low-income – earning from 30.01 to 50 percent of the AMI ($28,601 to $47,650);9
 Low-income – earning from 50.01 to 80 percent of the AMI ($47,651 to $76,250);10 and
 Moderate-income – earning from 80.01 to 120 percent of the AMI ($76,251 to $114,360).11

As of 2025, Florida had only 24 affordable and available rental units for every 100 extremely-low-income renters.12
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities.13

Land Use for Affordable Housing Development
All development, both public and private, and all development orders14 approved by a local government must be
consistent with the local government’s comprehensive plan.15 The Growth Management Act requires every county

2 S. 420.0004(3), F.S.
3 Florida Housing Coalition, 2025 Home Matters Report, p. 1. https://flhousing.org/wp-content/uploads/2025/09/Home-

Matters-Report-2025-V5-DIGITAL.pdf (last visited Feb. 9, 2026).
4 Id.
5 Id.
6 See U.S. Dept. of Housing and Urban Development (HUD): Office of Policy Development and Research, Income Limits,

https://www.huduser.gov/portal/datasets/il.html#year2025 (last visited Feb. 9, 2026).
7 HUD: Office of Policy Development and Research, FY 2025 State Income Limits: Florida,

https://www.huduser.gov/portal/datasets/il/il2025/2025summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2025 (last visited Feb. 9, 2026).
8 Id; see also s. 420.0004(9), F.S.
9 Supra note 7; see also s. 420.0004(17), F.S.
10 Supra note 7; see also s. 420.0004(11), F.S.
11 Supra note 7; see also s. 420.0004(12), F.S.
12 Supra note 3, at p. 1.
13 Id.
14 “Development order” means any order granting, denying, or granting with conditions an application for a development

permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
15 S. 163.3194(3), F.S.

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3
CS/HB 1389
and municipality to create and implement a comprehensive plan to guide future development.16 A comprehensive
plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.

A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments. A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development.17

The future land use element designates proposed future general distribution, location, and extent of the uses of
land. Specified use designations include those for residential, commercial, industry, agriculture, recreation,
conservation, education, and public facilities. The approximate acreage and the general range of density or
intensity of use must be provided for each land use category.18 The specific use and intensities for specific parcels
are decided by a more detailed, implementing zoning map.19

The housing element sets forth guidelines and strategies for the creation and preservation of affordable housing
for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
provision of adequate sites for future housing, and distribution of housing for a range of incomes and types.20

A comprehensive plan is implemented through the adoption of land development regulations21 that are consistent
with the plan and that contain specific and detailed provisions necessary to implement the plan.22 Such regulations
must, among other requirements, regulate the subdivision of land and the use of land for the land use categories in
the land use element of the comprehensive plan.23 Substantially affected persons have the right to maintain
administrative actions that ensure land development regulations are implemented and consistent with the
comprehensive plan.24

Development that does not conform to the comprehensive plan may not be approved by a local government unless
the local government first amends its comprehensive plan. State law requires a proposed comprehensive plan
amendment to receive two public hearings, the first held by the local planning board and the second held by the
governing board.25 Following the hearings, the local government must transmit the plan to several statutorily
identified agencies, including the Department of Commerce as the state land planning agency, for review.26 Most
plan amendments are placed into the expedited state review process, while plan amendments relating to large-
scale developments are placed into the state coordinated review process.27

16 S. 163.3167(2), F.S.
17 S. 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation; general

sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and
open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout statutes exist
plans and programs that may be added as optional elements.
18 S. 163.3177(6)(a), F.S.
19 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.

Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
20 S. 163.3177(6)(f), F.S.
21 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of

development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land. See s. 163.3164(26), F.S.
22 S. 163.3202, F.S.
23 Id.
24 S. 163.3213, F.S.
25 Ss. 163.3174(4)(a) and 163.3184, F.S.
26 S. 163.3184, F.S.
27 See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, the Department of Commerce reviews and approves

or amends the proposed comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review
Process is a more thorough, complex, multi-phase process. For more information, see https://floridajobs.org/community-
planning-and-development/programs/community-planning-table-of-contents/amendments-that-must-follow-the-state-
coordinated-review-process-procedures-and-timeframes (last visited Feb. 9, 2026).
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CS/HB 1389

Live Local Act
The Live Local Act (Act), which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas.28
Specifically, counties and municipalities must allow a multifamily or mixed-use residential29 rental development in
any area zoned for commercial, industrial, or mixed-use, and in portions of any flexibly zoned area such as a
planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the
residential units in the development are rental units that, for a period of at least 30 years, meet certain affordability
requirements.30

The Live Local Act provides the following definitions:31
 Commercial use means activities associated with the sale, rental, or distribution of products or the
performance of related services. The term includes, but is not limited to, such uses or activities as retail
sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; hotels; food service
vendors; sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned
to permit such uses by right without the requirement to obtain a variance or waiver is considered
commercial use, irrespective of the local land development regulation’s listed category or title.
o The term does not include home-based businesses or cottage food operations undertaken on
residential property, vacation rentals, or uses that are accessory, ancillary, incidental to the
allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis
courts, swimming pools, and clubhouses, within an area designated for residential use are not
commercial use, irrespective of how they are operated.
 Industrial use means activities associated with the manufacture, assembly, processing, or storage of
products or the performance of related services. The term includes, but is not limited to, such uses or
activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing
facilities,32 citrus processing and packing facilities, produce processing and packing facilities,33
electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal
sites. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is
considered industrial use for the purposes of this section, irrespective of the local land development
regulation’s listed category or title.
o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming
pools, and clubhouses, within an area designated for residential use are not industrial use,
irrespective of how they are operated.
 Mixed use means any use that combines multiple types of approved land uses from at least two of the
residential use, commercial use, and industrial use categories.
o The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or
allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming

28 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7) and 166.04151(7), F.S.
29 For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes;

local governments may not require that more than 10 percent of the total square footage be used for nonresidential purposes.
Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
30 Id.
31 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
32 Meat packing facilities are facilities for the business or industry of slaughtering cattle and other meat animals and

processing the carcasses for sale, sometimes including the packaging of processed meat products. Dictonary.com, meat
packing, https://www.dictionary.com/browse/meat-packing (last visited Feb. 10, 2026).
33 Citrus and produce processing and packing facilities are where fresh produce is brought from the

field, postharvest practices such as sizing and packaging are performed, and quality standards are monitored to meet the
targeted market needs and requirements. Elhadi M. Yahia, Postharvest Technology of Perishable Horticultural Commodities
(2019), https://www.sciencedirect.com/topics/agricultural-and-biological-sciences/packing-house (last visited Feb. 10,
2026).

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CS/HB 1389
pools, and clubhouses, within an area designated for residential use are not mixed use, irrespective
of how they are operated.

Local governments are prohibited from restricting the density34 of a proposed development below the highest
density currently allowed (or the highest allowed on July 1, 2023) on land within its jurisdiction where residential
development is allowed35 and may not restrict the floor area ratio36 of a proposed development below 150 percent
of the highest floor area ratio currently allowed (or the highest allowed on July 1, 2023) on land within its
jurisdiction where residential development is allowed.37

Local governments are also prohibited from restricting the height of a proposed development below the highest
height currently allowed (or the highest allowed on July 1, 2023) for a commercial or residential building located in
its jurisdiction within one mile of the proposed development or three stories, whichever is higher.38 However, a
local government may restrict the height of a proposed development if:
 The proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential
in a single-family residential development with at least 25 contiguous single-family homes, in which case
the local government may restrict the height of the proposed development to 150 percent of the tallest
building on any property adjacent to the proposed development, the highest height currently allowed (or
the highest allowed on July 1, 2023) for the property provided in the local government’s land development
regulations, or three stories, whichever is higher, but not to exceed 10 stories;39 or
 The proposed development is on a parcel with a contributing structure or building within a historic district
listed in the National Register of Historic Places40 (Register) before January 1, 2000, or is on a parcel with a
structure or building individually listed in the Register, in which case a local government may restrict the
height of the proposed development to the highest height currently allowed (or the highest allowed on July
1, 2023) for a commercial or residential building within three-fourths of a mile of the proposed
development or 3 stories, whichever is higher.41

An application for a development authorized by the Act must be administratively approved without further action
by the governing body of the local government or any quasi-judicial or administrative board or reviewing body,
provided the development satisfies the local government’s land development regulations for multifamily
developments in areas zoned for such use and is otherwise consistent with the jurisdiction’s comprehensive plan,
with the exception of provisions establishing density, floor area ratios, height, and land use requirements.42

34 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre. See s. 163.3164(12), F.S.
35 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.
36 For purposes of these provisions, “floor area ratio” includes floor lot ratio and lot coverage. Ss. 125.01055(7)(c) and

166.04151(7)(c), F.S.
37 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
38 Ss. 125.01055(7)(d)1. and 166.04151(7)(d)1., F.S.
39 Ss. 125.01055(7)(d)2. and 166.04151(7)(d)2., F.S.
40 The National Register of Historic Places (Register) is the official list of the nation’s historic places worthy of preservation.

Authorized by the National Historic Preservation Act of 1966, the Register is maintained by the National Park Service (NPS) as
a part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America’s
historic and archeological resources. As of May 13, 2025, over 100,000 places have been listed in the Register for their
significance in American history, art, architecture, engineering, and culture. See NPS, What is the National Register of Historic
Places? https://www.nps.gov/subjects/nationalregister/index.htm (last visited Feb. 9, 2026); see also, NPS, National Register
of Historic Places: Program Updates May 13, 2025, https://www.nps.gov/subjects/nationalregister/program-updates.htm (last
visited Feb. 9, 2026).
41 Ss. 125.01055(7)(d)3. and 166.04151(7)(d)3.
42 However, if a proposed development is on a parcel with a contributing structure or building within a historic district which

was listed in the Register before January 1, 2000, or is on a parcel with a structure or building individually listed in the
Register, the local government may administratively require the proposed development to comply with local regulations
relating to architectural design, such as façade replication, provided it does not affect height, floor area ratio, or density of the
proposed development. Ss. 125.01055(7)(e) and 166.04151(7)(e), F.S.
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CS/HB 1389
Under the Act, local governments are required, upon request of an applicant, to reduce parking requirements for a
proposed development by 15 percent if the development:
 Is located within one-quarter mile of a transit stop, as defined in the local government’s land development
code, and the transit stop is accessible from the development;
 Is located within one-half mile of a major transportation hub43 that is accessible from the proposed
development by safe, pedestrian-friendly means, such as sidewalks, crosswalks, elevated pedestrian or bike
paths, or other multimodal design features; or
 Has available parking within 600 feet of the proposed development, which may consist of options such as
on-street parking, parking lots, or parking garages available for use by residents of the proposed
development.44

The provisions of the Act described above do not apply to recreational and commercial waterfronts in industrial
areas,45 the Wekiva Study Area,46 or the Everglades Protection Area.47,48 Additionally, local governments are not
required to authorize developments in airport-impacted areas; specifically, local governments are not required to
authorize the following types of developments:
 A proposed development near a runway within one-quarter of a mile laterally from the runway edge and
within an area that is the width of one-quarter of a mile extending at right angles from the end of the
runway for a distance of 10,000 feet of any existing airport runway or planned airport runway identified in
the local government’s airport master plan.
 A proposed development within any airport noise zone identified in the federal land use compatibility table
or in a land-use zoning or airport noise regulation adopted by the local government.
 A proposed development that exceeds maximum height restrictions identified in the political subdivision’s
airport zoning regulation adopted pursuant to statute.49

The provisions of the Act are effective until October 1, 2033.50

Florida Right to Farm Act
In response to the loss of farmland due to encroaching suburban sprawl, nuisance claims, and modern zoning, the
Legislature enacted Florida’s Right to Farm Act (Farm Act) in 1979. The purpose of the Farm Act was to provide
more protection for commercial agriculture and farming operations from nuisance claims, and slow the rapid
conversion of farmland to more compatible uses.51

The Legislature has determined that agricultural activities conducted on farm land in urbanizing areas are
potentially subject to lawsuits based on the theory of nuisance and that these suits encourage or force the
premature removal of the farm land from agricultural use. The Farm Act seeks to protect reasonable agricultural
and complementary agritourism activities conducted on farm land from nuisance suits and other similar lawsuits.52

The Farm Act provides the following definitions:53
 Farm means the land, buildings, support facilities, machinery, and other appurtenances used in the
production of farm or aquaculture products.

43 For purposes of these provisions, “major transportation hub” means any transit station, whether bus, train, or light rail,

which is served by public transit with a mix of other transportation options. Ss. 125.01055(7)(f)3. and 166.04151(7)(f)3., F.S.
44 A local government, however, may not require that the available parking compensate for the reduction in parking

requirements. Ss. 125.01055(7)(f)1. and 166.04151(7)(f)1., F.S.
45 See s. 342.201(2)(b), F.S.
46 See s. 369.316, F.S.
47 See s. 373.4592(2)(i), F.S.
48 Ss. 125.01055(7)(o) and 166.04151(7)(o), F.S.
49 S. 303.03(5), F.S.
50 Ss. 125.01055(7)(p) and 166.04151(7)(p), F.S.
51 Ch. 79-61, Laws of Fla.
52 S. 823.14(2), F.S.
53 S. 823.14(3), F.S.

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CS/HB 1389
 Farm operation means all conditions or activities by the owner, lessee, agent, independent contractor, or
supplier which occur on a farm in connection with the production of farm, honeybee, or apiculture
products or in connection with complementary agritourism activities. These conditions and activities
include, but are not limited to, the marketing of farm products at roadside stands or farm markets; the
operation of machinery and irrigation pumps; the generation of noise, odors, dust, fumes, and particle
emissions; ground or aerial seeding and spraying; the placement and operation of an apiary; the
application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; agritourism
activities; and the employment and use of labor.

Florida Fair Housing Act
The Florida Fair Housing Act54 prohibits discrimination in housing-related activities, including the sale, rental, and
financing of housing.55 The law protects individuals from discrimination based on race, color, national origin, sex,
disability, familial status, or religion.56 The law also specifically prohibits local governments from discriminatory
practices in land use decisions and development permitting, including discrimination based on the source of
financing of a development, except as otherwise provided by law.57 The Florida Fair Housing Act is enforced by the
Florida Commission on Human Relations, which investigates complaints and can seek legal remedies for
violations.58

Currently, the state has not waived sovereign immunity for itself and its agencies and political subdivisions for
causes of action based a violation of the Florida Fair Housing Act.

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE SPONSOR(S) OTHER INFORMATION

2023 CS/CS/HB 627 - Housing Busatta, Lopez, V./ Calatayud Created the Live Local Act.
Approved by the Governor.
2024 CS/CS/HB 1239 - Affordable Housing Lopez, V./ Calatayud Amended the Live Local Act.
Approved by the Governor.
2025 CS/CS/CS/HB 943 - Real Property Lopez, V./ Calatayud Amended the Live Local Act.
and Land Use and Development Approved by the Governor.

54 Ss. 760.20-760.37, F.S.
55 S. 760.23, F.S.
56 Id.
57 S. 760.26, F.S.
58 S. 760.03, F.S.

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CS/HB 1389
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 15 Y, 0 N, As CS 2/11/2026 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE  Authorized multifamily and mixed-use residential as allowable uses on
COMMITTEE: property owned by a county, municipality, or school district, if the
property is located within the geographic boundaries of the respective
county, municipality, or district, and required the county, municipality,
or school district, as applicable, to be a party to the application for the
proposed development.
 Prohibited local governments from restricting the height of a proposed
development through the use of setbacks or stepbacks, and prohibited
local governments from requiring setbacks or stepbacks for a proposed
development that are more restrictive than the minimum setbacks or
stepbacks of the underlying zoning applicable to the proposed
development.
 Specified that farms and farm operations are not considered
“commercial uses” or “industrial uses” for purposes of the Live Local
Act (Act).
 Authorized developments near airports (which are otherwise exempt
from the Act) if the application for a proposed development is
approved by the governing body of the airport.
 Waived sovereign immunity for the state and any governmental entity
if prohibited discrimination in a land use decision or the permitting of a
development occurs, and clarified that discrimination based on the
source of financing for an affordable housing development is
prohibited.
Intergovernmental Affairs 13 Y, 2 N 2/18/2026 Darden Burgess
Subcommittee
Commerce Committee Hamon Fletcher

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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 1389 2026

1 A bill to be entitled
2 An act relating to affordable housing; amending ss.
3 125.01055 and 166.04151, F.S.; requiring counties and
4 municipalities, respectively, to authorize multifamily
5 and mixed-use residential uses as allowable uses for
6 specified property; requiring certain proposed
7 developments to be within specified geographic
8 boundaries; requiring certain counties,
9 municipalities, and school districts to be a party to
10 an application for certain proposed developments;
11 prohibiting counties and municipalities, respectively,
12 from restricting the height of certain proposed
13 developments in a certain manner or requiring setbacks
14 or step-backs that are more restrictive than certain
15 zoning regulations; revising the definitions of the
16 terms "commercial use" and "industrial use";
17 authorizing applicants for certain proposed
18 developments to notify, by a specified date, the
19 county or municipality, as applicable, on the
20 applicant's intent to proceed under certain provisions
21 of law; requiring counties and municipalities to allow
22 certain applicants to submit revised applications,
23 written requests, or notices of intent to account for
24 changes made by the act; amending s. 333.03, F.S.;
25 providing that specified provisions of law relating to

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26 proposed developments do not apply to airport zoning
27 regulations unless the governing body of the airport
28 approves the application; amending s. 760.22, F.S.;
29 revising the definition of the term "person"; amending
30 s. 760.26, F.S.; prohibiting certain discriminatory
31 practices based on financing of a development, or a
32 proposed development, for affordable housing; amending
33 s. 760.35, F.S.; waiving the state's sovereign
34 immunity for certain causes of action; providing
35 applicability; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Paragraphs (a), (d), and (n) of subsection (7)
40 of section 125.01055, Florida Statutes, are amended to read:
41 125.01055 Affordable housing.—
42 (7)(a) A county must authorize multifamily and mixed-use
43 residential as allowable uses in any area zoned for commercial,
44 industrial, or mixed use;, and in portions of any flexibly zoned
45 area such as a planned unit development permitted for
46 commercial, industrial, or mixed use; and on property owned by a
47 county, municipality, or school district, if at least 40 percent
48 of the residential units in a proposed multifamily development
49 are rental units that, for a period of at least 30 years, are
50 affordable as defined in s. 420.0004. Notwithstanding any other

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51 law, local ordinance, or regulation to the contrary, a county
52 may not require a proposed multifamily development to obtain a
53 zoning or land use change, special exception, conditional use
54 approval, variance, transfer of density or development units,
55 amendment to a development of regional impact, or comprehensive
56 plan amendment for the building height, zoning, and densities
57 authorized under this subsection. For mixed-use residential
58 projects, at least 65 percent of the total square footage must
59 be used for residential purposes. The county may not require
60 that more than 10 percent of the total square footage of such
61 mixed-use residential projects be used for nonresidential
62 purposes. A proposed development on property owned by a county,
63 municipality, or school district must be within the geographic
64 boundaries of the respective county, municipality, or school
65 district, and the respective county, municipality, or school
66 district must be a party to the application for the proposed
67 development.
68 (d)1. A county may not restrict the height of a proposed
69 development authorized under this subsection below the highest
70 currently allowed, or allowed on July 1, 2023, height for a
71 commercial or residential building located in its jurisdiction
72 within 1 mile of the proposed development or three stories,
73 whichever is higher. A county may not restrict the height of a
74 proposed development below the height authorized in this
75 subparagraph through other dimensional means, such as height

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76 determined by setbacks or step-backs, or require setbacks or
77 step-backs that are more restrictive than the minimum setbacks
78 or step-backs of the underlying zoning applicable to the
79 proposed development. For purposes of this paragraph, the term
80 "highest currently allowed height" does not include the height
81 of any building that met the requirements of this subsection or
82 the height of any building that has received any bonus,
83 variance, or other special exception for height provided in the
84 county's land development regulations as an incentive for
85 development.
86 2. If the proposed development is adjacent to, on two or
87 more sides, a parcel zoned for single-family residential use
88 which is within a single-family residential development with at
89 least 25 contiguous single-family homes, the county may restrict
90 the height of the proposed development to 150 percent of the
91 tallest building on any property adjacent to the proposed
92 development, the highest currently allowed, or allowed on July
93 1, 2023, height for the property provided in the county's land
94 development regulations, or three stories, whichever is higher,
95 not to exceed 10 stories. For the purposes of this paragraph,
96 the term "adjacent to" means those properties sharing more than
97 one point of a property line, but does not include properties
98 separated by a public road.
99 3. If the proposed development is on a parcel with a
100 contributing structure or building within a historic district

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101 which was listed in the National Register of Historic Places
102 before January 1, 2000, or is on a parcel with a structure or
103 building individually listed in the National Register of
104 Historic Places, the county may restrict the height of the
105 proposed development to the highest currently allowed, or
106 allowed on July 1, 2023, height for a commercial or residential
107 building located in its jurisdiction within three-fourths of a
108 mile of the proposed development or three stories, whichever is
109 higher. The term "highest currently allowed" in this paragraph
110 includes the maximum height allowed for any building in a zoning
111 district irrespective of any conditions.
112 (n) As used in this subsection, the term:
113 1. "Commercial use" means activities associated with the
114 sale, rental, or distribution of products or the performance of
115 services related thereto. The term includes, but is not limited
116 to, such uses or activities as retail sales; wholesale sales;
117 rentals of equipment, goods, or products; offices; restaurants;
118 public lodging establishments as described in s. 509.242(1)(a);
119 food service vendors; sports arenas; theaters; tourist
120 attractions; and other for-profit business activities. A parcel
121 zoned to permit such uses by right without the requirement to
122 obtain a variance or waiver is considered commercial use for the
123 purposes of this section, irrespective of the local land
124 development regulation's listed category or title. The term does
125 not include home-based businesses or cottage food operations

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126 undertaken on residential property, public lodging
127 establishments as described in s. 509.242(1)(c), or uses that
128 are accessory, ancillary, incidental to the allowable uses, or
129 allowed only on a temporary basis. Recreational uses, such as
130 golf courses, tennis courts, swimming pools, and clubhouses,
131 within an area designated for residential use are not commercial
132 use, irrespective of how they are operated. Farm and farm
133 operations, as those terms are defined in s. 823.14(3), and uses
134 associated therewith, including the packaging and sale of
135 products raised on the premises, are not commercial use.
136 2. "Industrial use" means activities associated with the
137 manufacture, assembly, processing, or storage of products or the
138 performance of services related thereto. The term includes, but
139 is not limited to, such uses or activities as automobile
140 manufacturing or repair, boat manufacturing or repair, junk
141 yards, meat packing facilities, citrus processing and packing
142 facilities, produce processing and packing facilities,
143 electrical generating plants, water treatment plants, sewage
144 treatment plants, and solid waste disposal sites. A parcel zoned
145 to permit such uses by right without the requirement to obtain a
146 variance or waiver is considered industrial use for the purposes
147 of this section, irrespective of the local land development
148 regulation's listed category or title. The term does not include
149 uses that are accessory, ancillary, incidental to the allowable
150 uses, or allowed only on a temporary basis. Recreational uses,

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151 such as golf courses, tennis courts, swimming pools, and
152 clubhouses, within an area designated for residential use are
153 not industrial use, irrespective of how they are operated. Farm
154 and farm operations, as those terms are defined in s. 823.14(3),
155 and uses associated therewith, including the packaging and sale
156 of products raised on the premises, are not industrial use.
157 3. "Mixed use" means any use that combines multiple types
158 of approved land uses from at least two of the residential use,
159 commercial use, and industrial use categories. The term does not
160 include uses that are accessory, ancillary, incidental to the
161 allowable uses, or allowed only on a temporary basis.
162 Recreational uses, such as golf courses, tennis courts, swimming
163 pools, and clubhouses, within an area designated for residential
164 use are not mixed use, irrespective of how they are operated.
165 4. "Planned unit development" has the same meaning as
166 provided in s. 163.3202(5)(b).
167 Section 2. Paragraphs (a), (d), and (n) of subsection (7)
168 of section 166.04151, Florida Statutes, are amended to read:
169 166.04151 Affordable housing.—
170 (7)(a) A municipality must authorize multifamily and
171 mixed-use residential as allowable uses in any area zoned for
172 commercial, industrial, or mixed use;, and in portions of any
173 flexibly zoned area such as a planned unit development permitted
174 for commercial, industrial, or mixed use; and on property owned
175 by a county, municipality, or school district, if at least 40

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176 percent of the residential units in a proposed multifamily
177 development are rental units that, for a period of at least 30
178 years, are affordable as defined in s. 420.0004. Notwithstanding
179 any other law, local ordinance, or regulation to the contrary, a
180 municipality may not require a proposed multifamily development
181 to obtain a zoning or land use change, special exception,
182 conditional use approval, variance, transfer of density or
183 development units, amendment to a development of regional
184 impact, amendment to a municipal charter, or comprehensive plan
185 amendment for the building height, zoning, and densities
186 authorized under this subsection. For mixed-use residential
187 projects, at least 65 percent of the total square footage must
188 be used for residential purposes. The municipality may not
189 require that more than 10 percent of the total square footage of
190 such mixed-use residential projects be used for nonresidential
191 purposes. A proposed development on property owned by a county,
192 municipality, or school district must be within the geographic
193 boundaries of the respective county, municipality, or school
194 district, and the respective county, municipality, or school
195 district must be a party to the application for the proposed
196 development.
197 (d)1. A municipality may not restrict the height of a
198 proposed development authorized under this subsection below the
199 highest currently allowed, or allowed on July 1, 2023, height
200 for a commercial or residential building located in its

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201 jurisdiction within 1 mile of the proposed development or three
202 stories, whichever is higher. A municipality may not restrict
203 the height of a proposed development below the height authorized
204 in this subparagraph through other dimensional means, such as
205 height determined by setbacks or step-backs, or require setbacks
206 or step-backs that are more restrictive than the minimum
207 setbacks or step-backs of the underlying zoning applicable to
208 the proposed development. For purposes of this paragraph, the
209 term "highest currently allowed height" does not include the
210 height of any building that met the requirements of this
211 subsection or the height of any building that has received any
212 bonus, variance, or other special exception for height provided
213 in the municipality's land development regulations as an
214 incentive for development.
215 2. If the proposed development is adjacent to, on two or
216 more sides, a parcel zoned for single-family residential use
217 that is within a single-family residential development with at
218 least 25 contiguous single-family homes, the municipality may
219 restrict the height of the proposed development to 150 percent
220 of the tallest building on any property adjacent to the proposed
221 development, the highest currently allowed, or allowed on July
222 1, 2023, height for the property provided in the municipality's
223 land development regulations, or three stories, whichever is
224 higher, not to exceed 10 stories. For the purposes of this
225 paragraph, the term "adjacent to" means those properties sharing

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226 more than one point of a property line, but does not include
227 properties separated by a public road or body of water,
228 including manmade lakes or ponds. For a proposed development
229 located within a municipality within an area of critical state
230 concern as designated by s. 380.0552 or chapter 28-36, Florida
231 Administrative Code, the term "story" includes only the
232 habitable space above the base flood elevation as designated by
233 the Federal Emergency Management Agency in the most current
234 Flood Insurance Rate Map. A story may not exceed 10 feet in
235 height measured from finished floor to finished floor, including
236 space for mechanical equipment. The highest story may not exceed
237 10 feet from finished floor to the top plate.
238 3. If the proposed development is on a parcel with a
239 contributing structure or building within a historic district
240 which was listed in the National Register of Historic Places
241 before January 1, 2000, or is on a parcel with a structure or
242 building individually listed in the National Register of
243 Historic Places, the municipality may restrict the height of the
244 proposed development to the highest currently allowed, or
245 allowed on July 1, 2023, height for a commercial or residential
246 building located in its jurisdiction within three-fourths of a
247 mile of the proposed development or three stories, whichever is
248 higher. The term "highest currently allowed" in this paragraph
249 includes the maximum height allowed for any building in a zoning
250 district irrespective of any conditions.

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251 (n) As used in this subsection, the term:
252 1. "Commercial use" means activities associated with the
253 sale, rental, or distribution of products or the performance of
254 services related thereto. The term includes, but is not limited
255 to, such uses or activities as retail sales; wholesale sales;
256 rentals of equipment, goods, or products; offices; restaurants;
257 public lodging establishments as described in s. 509.242(1)(a);
258 food service vendors; sports arenas; theaters; tourist
259 attractions; and other for-profit business activities. A parcel
260 zoned to permit such uses by right without the requirement to
261 obtain a variance or waiver is considered commercial use for the
262 purposes of this section, irrespective of the local land
263 development regulation's listed category or title. The term does
264 not include home-based businesses or cottage food operations
265 undertaken on residential property, public lodging
266 establishments as described in s. 509.242(1)(c), or uses that
267 are accessory, ancillary, incidental to the allowable uses, or
268 allowed only on a temporary basis. Recreational uses, such as
269 golf courses, tennis courts, swimming pools, and clubhouses,
270 within an area designated for residential use are not commercial
271 use, irrespective of how they are operated. Farm and farm
272 operations, as those terms are defined in s. 823.14(3), and uses
273 associated therewith, including the packaging and sale of
274 products raised on the premises, are not commercial use.
275 2. "Industrial use" means activities associated with the

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276 manufacture, assembly, processing, or storage of products or the
277 performance of services related thereto. The term includes, but
278 is not limited to, such uses or activities as automobile
279 manufacturing or repair, boat manufacturing or repair, junk
280 yards, meat packing facilities, citrus processing and packing
281 facilities, produce processing and packing facilities,
282 electrical generating plants, water treatment plants, sewage
283 treatment plants, and solid waste disposal sites. A parcel zoned
284 to permit such uses by right without the requirement to obtain a
285 variance or waiver is considered industrial use for the purposes
286 of this section, irrespective of the local land development
287 regulation's listed category or title. The term does not include
288 uses that are accessory, ancillary, incidental to the allowable
289 uses, or allowed only on a temporary basis. Recreational uses,
290 such as golf courses, tennis courts, swimming pools, and
291 clubhouses, within an area designated for residential use are
292 not industrial use, irrespective of how they are operated. Farm
293 and farm operations, as those terms are defined in s. 823.14(3),
294 and uses associated therewith, including the packaging and sale
295 of products raised on the premises, are not industrial use.
296 3. "Mixed use" means any use that combines multiple types
297 of approved land uses from at least two of the residential use,
298 commercial use, and industrial use categories. The term does not
299 include uses that are accessory, ancillary, incidental to the
300 allowable uses, or allowed only on a temporary basis.

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301 Recreational uses, such as golf courses, tennis courts, swimming
302 pools, and clubhouses, within an area designated for residential
303 use are not mixed use, irrespective of how they are operated.
304 4. "Planned unit development" has the same meaning as
305 provided in s. 163.3202(5)(b).
306 Section 3. An applicant for a proposed development
307 authorized under s. 125.01055(7), Florida Statutes, or s.
308 166.04151(7), Florida Statutes, who submitted an application, a
309 written request, or a notice of intent pursuant to either
310 section to a county or municipality and such application,
311 written request, or notice of intent was received by the county
312 or municipality, as applicable, before July 1, 2026, may notify
313 the county or municipality by July 1, 2026, of the applicant's
314 intent to proceed under s. 125.01055(7), Florida Statutes, or s.
315 166.04151(7), Florida Statutes, as the section existed at the
316 time the application, written notice, or notice of intent was
317 submitted. A county or municipality, as applicable, must allow
318 an applicant who submitted an application, a written notice, or
319 a notice of intent before July 1, 2026, the opportunity to
320 submit a revised application, written request, or notice of
321 intent to account for the changes made by this act.
322 Section 4. Subsection (5) of section 333.03, Florida
323 Statutes, is amended to read:
324 333.03 Requirement to adopt airport zoning regulations.—
325 (5) Sections 125.01055(7) and 166.04151(7) do not apply to

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326 any of the following, unless the respective application is
327 approved by the governing body of the airport:
328 (a) A proposed development near a runway within one-
329 quarter of a mile laterally from the runway edge and within an
330 area that is the width of one-quarter of a mile extending at
331 right angles from the end of the runway for a distance of 10,000
332 feet of any existing airport runway or planned airport runway
333 identified in the local government's airport master plan.
334 (b) A proposed development within any airport noise zone
335 identified in the federal land use compatibility table or in a
336 land-use zoning or airport noise regulation adopted by the local
337 government.
338 (c) A proposed development that exceeds maximum height
339 restrictions identified in the political subdivision's airport
340 zoning regulation adopted pursuant to this section.
341 Section 5. Subsection (8) of section 760.22, Florida
342 Statutes, is amended to read:
343 760.22 Definitions.—As used in ss. 760.20-760.37, the
344 term:
345 (8) "Person" includes one or more individuals,
346 corporations, partnerships, associations, labor organizations,
347 legal representatives, mutual companies, joint-stock companies,
348 trusts, unincorporated organizations, trustees, trustees in
349 bankruptcy, receivers, and fiduciaries, agencies, governmental
350 entities, and other legal or commercial entities.

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351 Section 6. Section 760.26, Florida Statutes, is amended to
352 read:
353 760.26 Prohibited discrimination in land use decisions and
354 in permitting of development.—It is unlawful to discriminate in
355 land use decisions or in the permitting of development based on
356 race, color, national origin, sex, disability, familial status,
357 or religion, or, except as otherwise provided by law, based on
358 the source of financing of a development or proposed
359 development, including, but not limited to, financing of a
360 development or a proposed development for housing that is
361 affordable as defined in s. 420.0004.
362 Section 7. Subsection (4) of section 760.35, Florida
363 Statutes, is amended to read:
364 760.35 Civil actions and relief; administrative
365 procedures.—
366 (4) If the court finds that a person has engaged in a
367 discriminatory housing practice has occurred, it must shall
368 issue an order prohibiting the practice and providing
369 affirmative relief from the effects of the practice, including
370 injunctive and other equitable relief, actual and punitive
371 damages, and reasonable attorney fees and costs. In accordance
372 with s. 13, Art. X of the State Constitution, the state, for
373 itself and its agencies or political subdivisions, waives
374 sovereign immunity for a cause of action based on a violation of
375 part II of chapter 760. Such waiver is limited only to actions

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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 1389 2026

376 brought under this section.
377 Section 8. This act shall take effect July 1, 2026.

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COMMERCE COMMITTEE

CS/HB 1389 by Rep. Redondo
Affordable Housing

AMENDMENT SUMMARY
February 24, 2026

Amendment #406455 by Rep. Redondo (Strike-All):
• Authorizes multifamily and mixed-use residential as allowable uses on certain property
owned by a religious institution which contains a house of public worship, requires the
religious institution to be a party to the development application, and requires the public
house of public worship to continue on the property after the development is
constructed.
• Amends the affordable housing tax exemption created by the Act to:
o Require a taxing authority to make certain findings based on the Shimberg
Center for Housing Studies’ annual reports for each of the previous 3 years; and
o Provide that an exemption may be granted to an owner of a property in a
multifamily project that received a building permit for the project within 4 years
prior to the taxing authority opting out of the tax exemption, and may continue to
receive the exemption for each subsequent year that the same or successive
owner applies for and is granted the exemption.
• Exempts the following areas from the requirements of the Act:
o Areas subject to land development regulations in existence before July 1, 2026,
intended to retain the open character of land;
o Areas of Critical State Concern; and
o Any portion of a property encumbered by a recorded conservation easement.
• Requires local governments to adopt an ordinance to allow accessory dwelling units
(ADUs) by right in any area zoned for single-family residential use, subject to certain
exceptions and requirements.
• Provides that an owner of a property with an ADU may not be denied a homestead
exemption on the basis of renting the ADU to another person, but requires the ADU to
be assessed separately according to its use.
• Allows local governments to provide density bonus incentives to landowners who donate
real estate for the purpose of assisting local governments in providing affordable housing
to military families that receive the basic allowance for housing.
• Requires the Office of Program Policy Analysis and Government Accountability to
assess the effectiveness of using mezzanine finance (or second-position, short-term
debt) and tiny homes to stimulate the supply of affordable housing in the state.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (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 Redondo offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraphs (a), (d), (n), and (o) of subsection
7 (7) of section 125.01055, Florida Statutes, are amended to read:
8 125.01055 Affordable housing.—
9 (7)(a) A county must authorize multifamily and mixed-use
10 residential as allowable uses in any area zoned for commercial,
11 industrial, or mixed use;, and in portions of any flexibly zoned
12 area such as a planned unit development permitted for
13 commercial, industrial, or mixed use; on property owned by a
14 county, municipality, or school district; and on any parcel
15 greater than 3 acres owned by a religious institution as defined
16 in s. 170.201(2) that has contained a house of public worship
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

17 for at least 5 years prior to the proposed development,
18 regardless of underlying zoning, if at least 40 percent of the
19 residential units in a proposed multifamily development are
20 rental units that, for a period of at least 30 years, are
21 affordable as defined in s. 420.0004. Notwithstanding any other
22 law, local ordinance, or regulation to the contrary, a county
23 may not require a proposed multifamily development to obtain a
24 zoning or land use change, special exception, conditional use
25 approval, variance, transfer of density or development units,
26 amendment to a development of regional impact, or comprehensive
27 plan amendment for the building height, zoning, and densities
28 authorized under this subsection. For mixed-use residential
29 projects, at least 65 percent of the total square footage must
30 be used for residential purposes. The county may not require
31 that more than 10 percent of the total square footage of such
32 mixed-use residential projects be used for nonresidential
33 purposes. A proposed development on property owned by a county,
34 municipality, or school district must be within the geographic
35 boundaries of the respective county, municipality, or school
36 district, and the respective county, municipality, or school
37 district must be a party to the application for the proposed
38 development. A proposed development on property owned by a
39 religious institution must be applied for by both the applicant
40 and the religious institution and the house of public worship

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

41 must continue on the property after the proposed development is
42 constructed.
43 (d)1. A county may not restrict the height of a proposed
44 development authorized under this subsection below the highest
45 currently allowed, or allowed on July 1, 2023, height for a
46 commercial or residential building located in its jurisdiction
47 within 1 mile of the proposed development or three stories,
48 whichever is higher. A county may not restrict the height of a
49 proposed development below the height authorized in this
50 subparagraph through other dimensional means, such as height
51 determined by setbacks or step-backs, or require setbacks or
52 step-backs that are more restrictive than the minimum setbacks
53 or step-backs of the underlying zoning applicable to the
54 proposed development as allowed on July 1, 2023. For purposes of
55 this paragraph, the term "highest currently allowed height" does
56 not include the height of any building that met the requirements
57 of this subsection or the height of any building that has
58 received any bonus, variance, or other special exception for
59 height provided in the county's land development regulations as
60 an incentive for development.
61 2. If the proposed development is adjacent to, on two or
62 more sides, a parcel zoned for single-family residential use
63 which is within a single-family residential development with at
64 least 25 contiguous single-family homes, the county may restrict
65 the height of the proposed development to 150 percent of the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

66 tallest building on any property adjacent to the proposed
67 development, the highest currently allowed, or allowed on July
68 1, 2023, height for the property provided in the county's land
69 development regulations, or three stories, whichever is higher,
70 not to exceed 10 stories. For the purposes of this paragraph,
71 the term "adjacent to" means those properties sharing more than
72 one point of a property line, but does not include properties
73 separated by a public road.
74 3. If the proposed development is on a parcel with a
75 contributing structure or building within a historic district
76 which was listed in the National Register of Historic Places
77 before January 1, 2000, or is on a parcel with a structure or
78 building individually listed in the National Register of
79 Historic Places, the county may restrict the height of the
80 proposed development to the highest currently allowed, or
81 allowed on July 1, 2023, height for a commercial or residential
82 building located in its jurisdiction within three-fourths of a
83 mile of the proposed development or three stories, whichever is
84 higher. The term "highest currently allowed" in this paragraph
85 includes the maximum height allowed for any building in a zoning
86 district irrespective of any conditions.
87 (n) As used in this subsection, the term:
88 1. "Commercial use" means activities associated with the
89 sale, rental, or distribution of products or the performance of
90 services related thereto. The term includes, but is not limited
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Amendment No.

91 to, such uses or activities as retail sales; wholesale sales;
92 rentals of equipment, goods, or products; offices; restaurants;
93 public lodging establishments as described in s. 509.242(1)(a);
94 food service vendors; sports arenas; theaters; tourist
95 attractions; and other for-profit business activities. A parcel
96 zoned to permit such uses by right without the requirement to
97 obtain a variance or waiver is considered commercial use for the
98 purposes of this section, irrespective of the local land
99 development regulation's listed category or title. The term does
100 not include home-based businesses or cottage food operations
101 undertaken on residential property, public lodging
102 establishments as described in s. 509.242(1)(c), or uses that
103 are accessory, ancillary, incidental to the allowable uses, or
104 allowed only on a temporary basis. Recreational uses, such as
105 golf courses, tennis courts, swimming pools, and clubhouses,
106 within an area designated for residential use are not commercial
107 use, irrespective of how they are operated. Farm and farm
108 operations, as those terms are defined in s. 823.14(3), and uses
109 associated therewith, including the packaging and sale of
110 products raised on the premises, are not commercial use.
111 2. "Industrial use" means activities associated with the
112 manufacture, assembly, processing, or storage of products or the
113 performance of services related thereto. The term includes, but
114 is not limited to, such uses or activities as automobile
115 manufacturing or repair, boat manufacturing or repair, junk
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Amendment No.

116 yards, meat packing facilities, citrus processing and packing
117 facilities, produce processing and packing facilities,
118 electrical generating plants, water treatment plants, sewage
119 treatment plants, and solid waste disposal sites. A parcel zoned
120 to permit such uses by right without the requirement to obtain a
121 variance or waiver is considered industrial use for the purposes
122 of this section, irrespective of the local land development
123 regulation's listed category or title. The term does not include
124 uses that are accessory, ancillary, incidental to the allowable
125 uses, or allowed only on a temporary basis. Recreational uses,
126 such as golf courses, tennis courts, swimming pools, and
127 clubhouses, within an area designated for residential use are
128 not industrial use, irrespective of how they are operated. Farm
129 and farm operations, as those terms are defined in s. 823.14(3),
130 and uses associated therewith, including the packaging and sale
131 of products raised on the premises, are not industrial use.
132 3. "Mixed use" means any use that combines multiple types
133 of approved land uses from at least two of the residential use,
134 commercial use, and industrial use categories. The term does not
135 include uses that are accessory, ancillary, incidental to the
136 allowable uses, or allowed only on a temporary basis.
137 Recreational uses, such as golf courses, tennis courts, swimming
138 pools, and clubhouses, within an area designated for residential
139 use are not mixed use, irrespective of how they are operated.
140 4. "Multifamily development" or "mixed-use residential
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Amendment No.

141 development" means a residential or mixed-use residential
142 development site authorized under subsection (7), held under
143 common ownership or control, which may consist of an assemblage
144 of parcels separated only by land 15 feet or less and limited to
145 public pedestrian access.
146 5.4. "Planned unit development" has the same meaning as
147 provided in s. 163.3202(5)(b).
148 (o) This subsection does not apply to:
149 1. Airport-impacted areas as provided in s. 333.03.
150 2. Property defined as recreational and commercial working
151 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
152 3. The Wekiva Study Area, as described in s. 369.316.
153 4. The Everglades Protection Area, as defined in s.
154 373.4592(2).
155 5. Areas subject to land development regulations as
156 defined in s. 163.3164(26) that are in existence before July 1,
157 2026, which are intended to retain the open character of land,
158 including, but not limited to, open space districts, open space
159 recreation districts, open use estate districts, open use rural
160 districts, and park and open space districts.
161 6. Any area of critical state concern, as designated in
162 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
163 7. Any portion of a property encumbered by a recorded
164 conservation easement as defined in s. 704.06.

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Amendment No.

165 Section 2. Paragraphs (a), (d), (n), and (o) of subsection
166 (7) of section 166.04151, Florida Statutes, are amended to read:
167 166.04151 Affordable housing.—
168 (7)(a) A municipality must authorize multifamily and
169 mixed-use residential as allowable uses in any area zoned for
170 commercial, industrial, or mixed use;, and in portions of any
171 flexibly zoned area such as a planned unit development permitted
172 for commercial, industrial, or mixed use; on property owned by a
173 county, municipality, or school district; and on any parcel
174 greater than 3 acres owned by a religious institution as defined
175 in s. 170.201(2) that has contained a house of public worship
176 for at least 5 years prior to the proposed development,
177 regardless of underlying zoning, if at least 40 percent of the
178 residential units in a proposed multifamily development are
179 rental units that, for a period of at least 30 years, are
180 affordable as defined in s. 420.0004. Notwithstanding any other
181 law, local ordinance, or regulation to the contrary, a
182 municipality may not require a proposed multifamily development
183 to obtain a zoning or land use change, special exception,
184 conditional use approval, variance, transfer of density or
185 development units, amendment to a development of regional
186 impact, amendment to a municipal charter, or comprehensive plan
187 amendment for the building height, zoning, and densities
188 authorized under this subsection. For mixed-use residential
189 projects, at least 65 percent of the total square footage must
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Amendment No.

190 be used for residential purposes. The municipality may not
191 require that more than 10 percent of the total square footage of
192 such mixed-use residential projects be used for nonresidential
193 purposes. A proposed development on property owned by a county,
194 municipality, or school district must be within the geographic
195 boundaries of the respective county, municipality, or school
196 district, and the respective county, municipality, or school
197 district must be a party to the application for the proposed
198 development. A proposed development on property owned by a
199 religious institution must be applied for by both the applicant
200 and the religious institution and the house of public worship
201 must continue on the property after the proposed development is
202 constructed.
203 (d)1. A municipality may not restrict the height of a
204 proposed development authorized under this subsection below the
205 highest currently allowed, or allowed on July 1, 2023, height
206 for a commercial or residential building located in its
207 jurisdiction within 1 mile of the proposed development or three
208 stories, whichever is higher. A municipality may not restrict
209 the height of a proposed development below the height authorized
210 in this subparagraph through other dimensional means, such as
211 height determined by setbacks or step-backs, or require setbacks
212 or step-backs that are more restrictive than the minimum
213 setbacks or step-backs of the underlying zoning applicable to
214 the proposed development as allowed on July 1, 2023. For
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Amendment No.

215 purposes of this paragraph, the term "highest currently allowed
216 height" does not include the height of any building that met the
217 requirements of this subsection or the height of any building
218 that has received any bonus, variance, or other special
219 exception for height provided in the municipality's land
220 development regulations as an incentive for development.
221 2. If the proposed development is adjacent to, on two or
222 more sides, a parcel zoned for single-family residential use
223 that is within a single-family residential development with at
224 least 25 contiguous single-family homes, the municipality may
225 restrict the height of the proposed development to 150 percent
226 of the tallest building on any property adjacent to the proposed
227 development, the highest currently allowed, or allowed on July
228 1, 2023, height for the property provided in the municipality's
229 land development regulations, or three stories, whichever is
230 higher, not to exceed 10 stories. For the purposes of this
231 paragraph, the term "adjacent to" means those properties sharing
232 more than one point of a property line, but does not include
233 properties separated by a public road or body of water,
234 including manmade lakes or ponds. For a proposed development
235 located within a municipality within an area of critical state
236 concern as designated by s. 380.0552 or chapter 28-36, Florida
237 Administrative Code, the term "story" includes only the
238 habitable space above the base flood elevation as designated by
239 the Federal Emergency Management Agency in the most current
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No.

240 Flood Insurance Rate Map. A story may not exceed 10 feet in
241 height measured from finished floor to finished floor, including
242 space for mechanical equipment. The highest story may not exceed
243 10 feet from finished floor to the top plate.
244 3. If the proposed development is on a parcel with a
245 contributing structure or building within a historic district
246 which was listed in the National Register of Historic Places
247 before January 1, 2000, or is on a parcel with a structure or
248 building individually listed in the National Register of
249 Historic Places, the municipality may restrict the height of the
250 proposed development to the highest currently allowed, or
251 allowed on July 1, 2023, height for a commercial or residential
252 building located in its jurisdiction within three-fourths of a
253 mile of the proposed development or three stories, whichever is
254 higher. The term "highest currently allowed" in this paragraph
255 includes the maximum height allowed for any building in a zoning
256 district irrespective of any conditions.
257 (n) As used in this subsection, the term:
258 1. "Commercial use" means activities associated with the
259 sale, rental, or distribution of products or the performance of
260 services related thereto. The term includes, but is not limited
261 to, such uses or activities as retail sales; wholesale sales;
262 rentals of equipment, goods, or products; offices; restaurants;
263 public lodging establishments as described in s. 509.242(1)(a);
264 food service vendors; sports arenas; theaters; tourist
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Amendment No.

265 attractions; and other for-profit business activities. A parcel
266 zoned to permit such uses by right without the requirement to
267 obtain a variance or waiver is considered commercial use for the
268 purposes of this section, irrespective of the local land
269 development regulation's listed category or title. The term does
270 not include home-based businesses or cottage food operations
271 undertaken on residential property, public lodging
272 establishments as described in s. 509.242(1)(c), or uses that
273 are accessory, ancillary, incidental to the allowable uses, or
274 allowed only on a temporary basis. Recreational uses, such as
275 golf courses, tennis courts, swimming pools, and clubhouses,
276 within an area designated for residential use are not commercial
277 use, irrespective of how they are operated. Farm and farm
278 operations, as those terms are defined in s. 823.14(3), and uses
279 associated therewith, including the packaging and sale of
280 products raised on the premises, are not commercial use.
281 2. "Industrial use" means activities associated with the
282 manufacture, assembly, processing, or storage of products or the
283 performance of services related thereto. The term includes, but
284 is not limited to, such uses or activities as automobile
285 manufacturing or repair, boat manufacturing or repair, junk
286 yards, meat packing facilities, citrus processing and packing
287 facilities, produce processing and packing facilities,
288 electrical generating plants, water treatment plants, sewage
289 treatment plants, and solid waste disposal sites. A parcel zoned
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Amendment No.

290 to permit such uses by right without the requirement to obtain a
291 variance or waiver is considered industrial use for the purposes
292 of this section, irrespective of the local land development
293 regulation's listed category or title. The term does not include
294 uses that are accessory, ancillary, incidental to the allowable
295 uses, or allowed only on a temporary basis. Recreational uses,
296 such as golf courses, tennis courts, swimming pools, and
297 clubhouses, within an area designated for residential use are
298 not industrial use, irrespective of how they are operated. Farm
299 and farm operations, as those terms are defined in s. 823.14(3),
300 and uses associated therewith, including the packaging and sale
301 of products raised on the premises, are not industrial use.
302 3. "Mixed use" means any use that combines multiple types
303 of approved land uses from at least two of the residential use,
304 commercial use, and industrial use categories. The term does not
305 include uses that are accessory, ancillary, incidental to the
306 allowable uses, or allowed only on a temporary basis.
307 Recreational uses, such as golf courses, tennis courts, swimming
308 pools, and clubhouses, within an area designated for residential
309 use are not mixed use, irrespective of how they are operated.
310 4. "Multifamily development" or "mixed-use residential
311 development" means a residential or mixed-use residential
312 development site authorized under subsection (7), held under
313 common ownership or control, which may consist of an assemblage
314 of parcels separated only by land 15 feet or less and limited to
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Amendment No.

315 public pedestrian access.
316 5.4. "Planned unit development" has the same meaning as
317 provided in s. 163.3202(5)(b).
318 (o) This subsection does not apply to:
319 1. Airport-impacted areas as provided in s. 333.03.
320 2. Property defined as recreational and commercial working
321 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
322 3. The Wekiva Study Area, as described in s. 369.316.
323 4. The Everglades Protection Area, as defined in s.
324 373.4592(2).
325 5. Areas subject to land development regulations as
326 defined in s. 163.3164(26) that are in existence before July 1,
327 2026, which are intended to retain the open character of land,
328 including, but not limited to, open space districts, open space
329 recreation districts, open use estate districts, open use rural
330 districts, and park and open space districts.
331 6. Any area of critical state concern, as designated in
332 ss. 380.055, 380.0551, 380.0552, 380.0553, and 380.0555.
333 7. Any portion of a property encumbered by a recorded
334 conservation easement as defined in s. 704.06.
335 Section 3. An applicant for a proposed development
336 authorized under s. 125.01055(7), Florida Statutes, or s.
337 166.04151(7), Florida Statutes, who submitted an application, a
338 written request, or a notice of intent pursuant to either
339 section to a county or municipality and such application,
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Amendment No.

340 written request, or notice of intent was received by the county
341 or municipality, as applicable, before July 1, 2026, may notify
342 the county or municipality by July 1, 2026, of the applicant's
343 intent to proceed under s. 125.01055(7), Florida Statutes, or s.
344 166.04151(7), Florida Statutes, as the section existed at the
345 time the application, written notice, or notice of intent was
346 submitted. A county or municipality, as applicable, must allow
347 an applicant who submitted an application, a written notice, or
348 a notice of intent before July 1, 2026, the opportunity to
349 submit a revised application, written request, or notice of
350 intent to account for the changes made by this act.
351 Section 4. Paragraphs (a) and (o) of subsection (3) of
352 section 196.1978, Florida Statutes, are amended to read:
353 196.1978 Affordable housing property exemption.—
354 (3)(a) As used in this subsection, the term:
355 1. "Corporation" means the Florida Housing Finance
356 Corporation.
357 2. "Newly constructed" means an improvement to real
358 property which was substantially completed within 5 years before
359 the date of an applicant's first submission of a request for a
360 certification notice pursuant to this subsection.
361 3. "Substantially completed" has the same meaning as in s.
362 192.042(1).
363 4. "Multifamily project" shall mean a development
364 authorized under this subsection that is held under common
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365 ownership or control, approved and developed in compliance with
366 the same site plan approval or development order, and shall
367 exclude individual detached single-family residences.
368 (o)1. Beginning with the 2025 tax roll, a taxing authority
369 may elect, upon adoption of an ordinance or resolution approved
370 by a two-thirds vote of the governing body, not to exempt
371 property under sub-subparagraph (d)1.a. located in a county
372 specified pursuant to subparagraph 2., subject to the conditions
373 of this paragraph.
374 2. A taxing authority must make a finding in the ordinance
375 or resolution that annual housing reports the most recently
376 published by the Shimberg Center for Housing Studies Annual
377 Report, prepared pursuant to s. 420.6075, identify identifies
378 that a county that is part of the jurisdiction of the taxing
379 authority is within a metropolitan statistical area or region
380 where, for each of the previous 3 years, the number of
381 affordable and available units in the metropolitan statistical
382 area or region is greater than the number of renter households
383 in the metropolitan statistical area or region for the category
384 entitled "0-120 percent AMI."
385 3. An election made pursuant to this paragraph may apply
386 only to the ad valorem property tax levies imposed within a
387 county specified pursuant to subparagraph 2. by the taxing
388 authority making the election.
389 4. The ordinance or resolution must take effect on the
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Amendment No.

390 January 1 immediately succeeding adoption and shall expire on
391 the second January 1 after the January 1 in which the ordinance
392 or resolution takes effect. The ordinance or resolution may be
393 renewed prior to its expiration pursuant to this paragraph.
394 5. The taxing authority proposing to make an election
395 under this paragraph must advertise the ordinance or resolution
396 or renewal thereof pursuant to the requirements of s. 50.011(1)
397 prior to adoption.
398 6. The taxing authority must provide to the property
399 appraiser the adopted ordinance or resolution or renewal thereof
400 by the effective date of the ordinance or resolution or renewal
401 thereof.
402 7. Notwithstanding an ordinance or resolution or renewal
403 thereof adopted pursuant to this paragraph, property in a
404 multifamily project that received an exemption pursuant to sub-
405 subparagraph (d)1.a. before the adoption or renewal of such
406 ordinance or resolution may continue to receive such exemption
407 for each subsequent consecutive year that the same owner or each
408 successive owner applies for and is granted the exemption.
409 8. Notwithstanding an ordinance or a resolution or a
410 renewal thereof adopted pursuant to this paragraph, the owner of
411 a property in a multifamily project that received a building
412 permit for the development of the multifamily project within 4
413 years before the effective date of such ordinance or resolution
414 may apply for and be granted the exemption under sub-
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Amendment No.

415 subparagraph (d)1.a. after meeting the requirements of this
416 subsection and may continue to receive such exemption for each
417 subsequent consecutive year that the same owner or each
418 successive owner applies for and is granted the exemption.
419 Section 5. The amendments made by this act to s. 196.1978,
420 Florida Statutes, first apply to the 2027 property tax roll.
421 Section 6. Subsection (5) of section 333.03, Florida
422 Statutes, is amended to read:
423 333.03 Requirement to adopt airport zoning regulations.—
424 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
425 any of the following, unless the respective application is
426 approved by the governing body of the airport:
427 (a) A proposed development near a runway within one-
428 quarter of a mile laterally from the runway edge and within an
429 area that is the width of one-quarter of a mile extending at
430 right angles from the end of the runway for a distance of 10,000
431 feet of any existing airport runway or planned airport runway
432 identified in the local government's airport master plan.
433 (b) A proposed development within any airport noise zone
434 identified in the federal land use compatibility table or in a
435 land-use zoning or airport noise regulation adopted by the local
436 government.
437 (c) A proposed development that exceeds maximum height
438 restrictions identified in the political subdivision's airport
439 zoning regulation adopted pursuant to this section.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

440 Section 7. Subsection (8) of section 760.22, Florida
441 Statutes, is amended to read:
442 760.22 Definitions.—As used in ss. 760.20-760.37, the
443 term:
444 (8) "Person" includes one or more individuals,
445 corporations, partnerships, associations, labor organizations,
446 legal representatives, mutual companies, joint-stock companies,
447 trusts, unincorporated organizations, trustees, trustees in
448 bankruptcy, receivers, and fiduciaries, agencies, governmental
449 entities, and other legal or commercial entities.
450 Section 8. Section 760.26, Florida Statutes, is amended to
451 read:
452 760.26 Prohibited discrimination in land use decisions and
453 in permitting of development.—It is unlawful to discriminate in
454 land use decisions or in the permitting of development based on
455 race, color, national origin, sex, disability, familial status,
456 or religion, or, except as otherwise provided by law, based on
457 the source of financing of a development or proposed
458 development, including, but not limited to, financing of a
459 development or a proposed development for housing that is
460 affordable as defined in s. 420.0004.
461 Section 9. Subsection (4) of section 760.35, Florida
462 Statutes, is amended to read:
463 760.35 Civil actions and relief; administrative
464 procedures.—
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

465 (4) If the court finds that a person has engaged in a
466 discriminatory housing practice has occurred, it must shall
467 issue an order prohibiting the practice and providing
468 affirmative relief from the effects of the practice, including
469 injunctive and other equitable relief, actual and punitive
470 damages, and reasonable attorney fees and costs. In accordance
471 with s. 13, Art. X of the State Constitution, the state, for
472 itself and its agencies or political subdivisions, waives
473 sovereign immunity for a cause of action based on a violation of
474 part II of chapter 760. Such waiver is limited only to actions
475 brought under this section.
476 Section 10. Subsections (2), (3), (4), and (5) of section
477 163.31771, Florida Statutes, are amended to read:
478 163.31771 Accessory dwelling units.—
479 (2) As used in this section, the term:
480 (a) "Accessory dwelling unit" means an ancillary or
481 secondary living unit, that has a separate kitchen, bathroom,
482 and sleeping area, existing either within the same structure, or
483 on the same lot, as the primary dwelling unit.
484 (b) "Affordable rental" means that monthly rent and
485 utilities do not exceed 30 percent of that amount which
486 represents the percentage of the median adjusted gross annual
487 income for extremely-low-income, very-low-income, low-income, or
488 moderate-income persons.
489 (d)(c) "Local government" means a county or municipality.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

490 (e)(d) "Low-income persons" has the same meaning as in s.
491 420.0004(11).
492 (f)(e) "Moderate-income persons" has the same meaning as
493 in s. 420.0004(12).
494 (g) "Primary dwelling unit" means an existing or proposed
495 single-family dwelling on the property where a proposed
496 accessory dwelling unit would be located.
497 (h)(f) "Very-low-income persons" has the same meaning as
498 in s. 420.0004(17).
499 (c)(g) "Extremely-low-income persons" has the same meaning
500 as in s. 420.0004(9).
501 (3) By December 1, 2026, a local government shall may
502 adopt an ordinance to allow accessory dwelling units to be
503 approved without requiring a public hearing; a variance,
504 conditional use permit, special permit, or special exception; or
505 other discretionary action, other than a determination that a
506 site plan conforms with applicable zoning regulations, in any
507 area zoned for single-family residential use. Such ordinance
508 must apply prospectively to accessory dwelling units approved
509 after the date the ordinance is adopted. Such ordinance may
510 regulate the permitting, construction, and use of an accessory
511 dwelling unit but may not do any of the following:
512 (a) Require that the owner of a parcel on which an
513 accessory dwelling unit is constructed reside in the primary
514 dwelling unit.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

515 (b) Increase parking requirements on any parcel that can
516 accommodate an additional motor vehicle on a driveway without
517 impeding access to the primary dwelling unit.
518 (c) Require replacement parking if a garage, carport, or
519 covered parking structure is converted to create an accessory
520 dwelling unit.
521 (d) Impose discretionary review or hearing standards, such
522 as requiring a conditional use approval or special exception to
523 construct an accessory dwelling unit, or other review standards
524 that do not apply generally to other housing in the same
525 district or zone.
526
527 A local government that is required by state law to limit the
528 number of new dwelling units within the local government's
529 jurisdiction is not required to adopt an ordinance in accordance
530 with this subsection, but may adopt an ordinance to allow
531 accessory dwelling units in any area zoned for single-family
532 residential use.
533 (4) An application for a building permit to construct an
534 accessory dwelling unit must include an affidavit from the
535 applicant which attests that the unit will be rented at an
536 affordable rate to an extremely-low-income, very-low-income,
537 low-income, or moderate-income person or persons.
538 (5) Each accessory dwelling unit allowed by an ordinance
539 adopted under this section which provides affordable rental
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

540 housing shall apply toward satisfying the affordable housing
541 component of the housing element in the local government's
542 comprehensive plan under s. 163.3177(6)(f).
543 (5) The owner of a property with an accessory dwelling
544 unit may not be denied a homestead exemption for those portions
545 of property on which the owner maintains a permanent residence
546 solely on the basis of the property containing an accessory
547 dwelling unit that is or may be rented to another person.
548 However, if the accessory dwelling unit is rented to another
549 person, the accessory dwelling unit must be assessed separately
550 from the homestead property and taxed according to its use.
551 Section 11. Subsection (1) of section 420.615, Florida
552 Statutes, is amended to read:
553 420.615 Affordable housing land donation density bonus
554 incentives.—
555 (1) A local government may provide density bonus
556 incentives pursuant to the provisions of this section to any
557 landowner who voluntarily donates fee simple interest in real
558 property to the local government for the purpose of assisting
559 the local government in providing affordable housing, including
560 housing that is affordable for military families receiving the
561 basic allowance for housing. Donated real property must be
562 determined by the local government to be appropriate for use as
563 affordable housing and must be subject to deed restrictions to
564 ensure that the property will be used for affordable housing.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

565 Section 12. The Office of Program Policy Analysis and
566 Government Accountability (OPPAGA) shall evaluate the efficacy
567 of using mezzanine finance, or second-position short-term debt,
568 to stimulate the construction of owner-occupied housing that is
569 affordable as defined in s. 420.0004(3), Florida Statutes, in
570 this state. OPPAGA shall also evaluate the potential of tiny
571 homes in meeting the need for affordable housing in this state.
572 OPPAGA shall consult with the Florida Housing Finance
573 Corporation and the Shimberg Center for Housing Studies at the
574 University of Florida in conducting its evaluation. By December
575 31, 2027, OPPAGA shall submit a report of its findings to the
576 President of the Senate and the Speaker of the House of
577 Representatives. Such report must include recommendations for
578 the structuring of a model mezzanine finance program.
579 Section 13. This act shall take effect July 1, 2026.
580
581 -----------------------------------------------------
582 T I T L E A M E N D M E N T
583 Remove everything before the enacting clause and insert:
584 An act relating to affordable housing; amending ss.
585 125.01055 and 166.04151, F.S.; requiring counties and
586 municipalities, respectively, to authorize multifamily
587 and mixed-use residential uses as allowable uses for
588 specified property; requiring certain proposed
589 developments to be within specified geographic
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

590 boundaries; requiring certain counties,
591 municipalities, and school districts to be a party to
592 an application for certain proposed developments;
593 prohibiting counties and municipalities, respectively,
594 from restricting the height of certain proposed
595 developments in a certain manner or requiring setbacks
596 or step-backs that are more restrictive than certain
597 zoning regulations; revising the definitions of the
598 terms "commercial use" and "industrial use"; creating
599 definitions for "multifamily development" and "mixed-
600 use residential development"; providing exceptions;
601 authorizing applicants for certain proposed
602 developments to notify, by a specified date, the
603 county or municipality, as applicable, on the
604 applicant's intent to proceed under certain provisions
605 of law; requiring counties and municipalities to allow
606 certain applicants to submit revised applications,
607 written requests, or notices of intent to account for
608 changes made by the act; amending s. 196.1978, F.S.;
609 creating a definition for "multifamily project";
610 revising a specified finding that a taxing authority
611 must make in order to elect not to exempt certain
612 property from certain ad valorem taxation; authorizing
613 certain property owners in a multifamily project to
614 apply for and continue to receive an exemption;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

615 amending s. 333.03, F.S.; providing that specified
616 provisions of law relating to proposed developments do
617 not apply to airport zoning regulations unless the
618 governing body of the airport approves the
619 application; amending s. 760.22, F.S.; revising the
620 definition of the term "person"; amending s. 760.26,
621 F.S.; prohibiting certain discriminatory practices
622 based on financing of a development, or a proposed
623 development, for affordable housing; amending s.
624 760.35, F.S.; waiving the state's sovereign immunity
625 for certain causes of action; providing applicability;
626 amending s. 163.31771, F.S.; defining the term
627 "primary dwelling unit"; requiring local governments
628 to adopt, by a specified date, an ordinance to allow
629 accessory dwelling units to be approved in certain
630 areas; requiring that such ordinances apply
631 prospectively; providing that such ordinances may
632 regulate specified actions; prohibiting the inclusion
633 of certain requirements or prohibitions in such
634 ordinances; providing an exception to the requirement
635 that local governments adopt such ordinances; deleting
636 a requirement that an application for a building
637 permit to construct an accessory dwelling unit include
638 a certain affidavit; revising the accessory dwelling
639 units that apply toward satisfying a certain component
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1389 (2026)
Amendment No.

640 of a local government's comprehensive plan;
641 prohibiting the denial of a homestead exemption for
642 certain portions of property on a specified basis;
643 requiring that a rented accessory dwelling unit be
644 assessed separately from the homestead property and
645 taxed according to its use; amending s. 420.615, F.S.;
646 authorizing a local government to provide a density
647 bonus incentive to landowners who make certain real
648 property donations to assist in the provision of
649 affordable housing for military families; requiring
650 the Office of Program Policy Analysis and Government
651 Accountability to evaluate the efficacy of using
652 mezzanine finance and the potential of tiny homes for
653 specified purposes; requiring the office to consult
654 with certain entities; requiring the office to submit
655 a certain report to the Legislature by a specified
656 date; providing an effective date.

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CS/HB 1415
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 1415 COMPANION BILL: CS/SB 1568 (DiCeglie)
TITLE: Use of Digital Currency by the Department of LINKED BILLS: None
Financial Services RELATED BILLS: None
SPONSOR(S): Holcomb and Giallombardo
Committee References
Insurance & Banking Commerce
17 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill creates a pilot program within the Department of Financial Services (“DFS”). Participation in the pilot
program is voluntary for DFS licensees and applicants. The bill:
 Authorizes DFS to accept, hold, and purchase payment stablecoin.
 Authorizes DFS to accept eligible payment stablecoin as payment for regulatory fees and issue refunds via
payment stablecoin.
 Requires issuers of payment stablecoin whose payment stablecoin is being used in the program to be
authorized to issue payment stablecoin under state or federal law.
 Requires DFS to provide a compatible digital wallet address for the receipt of payment stablecoin and
requires program participants to provide DFS with a compatible digital wallet for the receipt of payment
stablecoin.
 Requires DFS to monitor and collect data on the program and submit an annual report to the Governor and
Legislature.

Fiscal or Economic Impact:
The bill may have an indeterminate impact on the private sector and state government.
I
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Florida Stablecoin Pilot Program
The bill creates a new program within the Department of Financial Services (“DFS”) for the purpose of accepting
eligible payment stablecoin as payment for government fees, including:
 Licensing fees.
 Registration fees.
 Certification fees.
 Assessment fees.
 Application fees.
 Renewal fees.
 Other regulatory fees administered by DFS.
 Any other fee owed to DFS. (Section 1).

The bill permits DFS to accept, hold, and purchase payment stablecoin for use in the pilot program. (Section 1).

The bill defines “payment stablecoin" as a digital asset that is meant to be used for payments or settling
transactions, the issuer of which must be ready to convert or redeem it for a fixed amount of money and
STORAGE NAME: h1415b.COM
DATE: 2/20/2026
1
CS/HB 1415
represents, or creates a reasonable expectation that the value of the digital asset will remain stable against a fixed
amount of money. (Section 1).

The bill provides that the term “payment stablecoin” does not include:
 A national currency.1
 Deposits.2
 Securities.3 (Section 1).

The bill requires payment stablecoin to meet the following criteria to be eligible for the pilot program:
 The payment stablecoin has had an average market capitalization of at least $1 billion during the preceding
year.
 The payment stablecoin is fully backed by reserve assets4 on a one-to-one basis.
 The payment stablecoin is redeemable through the issuer at all times for the United States dollar.
 The payment stablecoin is minted by a permitted payment stablecoin issuer and purchased by DFS directly
from a permitted payment stablecoin issuer through a blockchain network, indirectly through an exchange
platform, or received by DFS from a program participant.
 The issuer does not charge a fee to mint or create the stablecoin.
 The issuer does not charge withdrawal or redemption fees.
 The issuer meets any additional criteria for a permitted stablecoin issuer under federal or state law.
(Section 1).

The bill provides that a “permitted payment stablecoin issuer” means a person formed in the United States which is
one of the following:
 A subsidiary of an insured depository institution that has been approved to issue payment stablecoins
under the federal GENIUS Act.
 A federal qualified payment stablecoin issuer.5
 A state qualified payment stablecoin issuer.6 (Section 1).

The bill provides that within a reasonable time after receiving a payment stablecoin, DFS must convert the
payment stablecoin into United States currency and credit the applicable account in the same manner as a payment
made by other authorized means. (Section 1).

The bill permits DFS to send payment stablecoin for refunds, reimbursements, or other disbursements to
participants who elect to receive a payment in payment stablecoin. (Section 1).

The bill allows DFS to hold payment stablecoin. If the payment stablecoin does not earn any interest or yields, DFS
may only hold payment stablecoin in an amount that is estimated to be required to issue refunds, reimbursements,
or other similar disbursements during a revolving 30-day period. Any direct or indirect earnings associated with
payment stablecoin must be credited to the benefit of the state. (Section 1).

1 Such as United States Dollars or other government-issued money.
2 A deposit is money or funds held by a bank or savings association that the bank is obligated to repay to the customer. See 12

U.S.C. 1813(l).
3 E.g. notes, stocks and bonds. S. 517.021, F.S., 15 U.S.C. 77b, 15 U.S.C. 78c, and 15 U.S.C. 80a-2.
4 Permitted reserves include United States currency, demand deposits at insured depository institutions, short-term treasury

bills and reverse repurchase agreements collateralized by short-term treasury bills.
5 The bill defines “federal qualified payment stablecoin issuer” as a nonbank entity approved by the federal Office of the

Comptroller of the Currency to issue payment stablecoins; an uninsured national bank that is chartered by the Office of the
Comptroller of the Currency and approved to issuer payment stablecoins; and a federal branch that is approved by the Office
of the Comptroller of the Currency to issue payment stablecoins.
6 The bill defines “state qualified payment stablecoin issuer” an entity legally established under the laws of a state and

approved by the Office of Financial Regulation to issue payment stablecoin.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
CS/HB 1415

Compatible digital wallet address
The bill requires DFS to provide a compatible digital wallet address for the receipt of eligible payment stablecoin.
(Section 1).

The bill defines “compatible digital wallet address” as the address of a software application that securely stores
private keys for accessing and completing transactions with eligible payment stablecoin. (Section 1).

Voluntary participation
The bill provides that participation in the pilot program is voluntary. (Section 1).

The bill provides that an applicant, licensee, or other participant may submit eligible payment stablecoin to a
compatible digital wallet address designated by DFS as valid payment to the department. (Section 1).

The bill also allows program participants to elect to receive refunds, reimbursements, or other similar
disbursements from DFS in the form of payment stablecoin. Program participants electing to receive payment
stablecoin must provide DFS with a compatible digital wallet address. (Section 1).

Issuers of payment stablecoin
The bill requires DFS to ensure that any payment stablecoin issuer designated for use in the program is a
permitted payment stablecoin issuer. (Section 1).

The bill permits DFS to conduct examinations, audits, and investigations of a permitted payment stablecoin issuer,
whose stablecoin is being used in the pilot program, in order to verify asset backing, redeemability, and adherence
to consumer protection standards, including standards related to fraud prevention and dispute resolution. The bill
requires DFS to coordinate with OFR to the extent that DFS intends to engage in such conduct as to a state qualified
payment stablecoin issuer, in order to avoid duplicate regulatory efforts. (Section 1).

Monitoring and reporting requirements
The bill requires DFS to monitor and evaluate the pilot program, collect data on transaction volume, cost savings,
security incidents, regulatory compliance, and economic impacts, as well as any instances of fraud or disputes.
(Section 1).

The bill requires DFS to submit a report to the Governor, President of the Senate, Speaker of the House of
Representatives, beginning on February 1, 2027, and annually thereafter. The report must include:
 A summary of collected data.
 Findings regarding any trends or patterns relating to financial matters, such as fiscal impacts, or
nonfinancial matters, such as utilization analysis.
 Recommendations for expansion or termination of the pilot program.
 Proposed statutory changes, if appropriate. (Section 1).

Program scope and legislative intent
The bill provides that it does not alter or supersede any existing statutory fee obligations, licensing requirements,
or enforcement authority of the department. Acceptance of eligible payment stablecoin is an optional payment
method and does not require acceptance of any other digital asset. (Section 1).

The bill provides that the bill may not be construed as relieving the Chief Financial Officer or DFS of any obligation
to secure public funds, including payment stablecoins, in a qualified public depository or to hold payment
stablecoins in a manner similar to how direct United States Treasury obligations7 are held. (Section 1).

7 See S. 17.57(2)(a), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 1415
The bill provides that the Legislature intends for the pilot program to yield benefits from the acceptance of
payment stablecoins as a form of payment for government fees. (Section 1).

Effective date
The bill provides that it will be effective upon becoming law. (Section 2).

RULEMAKING:
The bill authorizes DFS to adopt rules to implement the pilot program.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on the state government, to the extent that DFS incurs costs to
establish the program or to the extent that accepting payment stablecoins offers higher or lower transaction costs
compared to traditional payment methods.

PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector to the extent the bill increases participation
in the payment stablecoin market and provides alternative methods of payment to existing methods.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Financial Services
The Department of Financial Services (the “Department”) consists of the following divisions:
 The Division of Accounting and Auditing.
 The Division of Consumer Services.
 The Division of Funeral, Cemetery, and Consumer Services.
 The Division of Insurance Agent and Agency Services.
 The Division of Criminal Investigations.
 The Division of Rehabilitation and Liquidation.
 The Division of Risk Management.
 The Division of State Fire Marshal.
 The Division of Treasury.
 The Division of Unclaimed Property.
 The Division of Workers’ Compensation.
 The Division of Administration.
 The Office of Insurance Consumer Advocate.8

DFS is responsible for issuing various licenses under the aforesaid divisions and collecting licensing application
and renewal fees.

8 S. 20.121, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 1415
Virtual currency
Virtual currency is a digital asset that functions as a medium of exchange but lacks legal tender status.9 In some
environments, virtual currency operates like “real” currency10 (i.e., the coin and paper money of the United States
or of any other country that is designated as legal tender, circulates, and is customarily used and accepted as a
medium of exchange in the country of issuance).11 Virtual currency that has an equivalent value in real currency, or
that acts as a substitute for real currency, is referred to as “convertible” virtual currency. 12 Bitcoin is one example
of a convertible virtual currency, as it can be digitally traded between users and can be purchased for, or
exchanged into, U.S. dollars, Euros, and other real or virtual currencies.13

Virtual currencies generally operate on networks of computers (nodes) that enable, validate, and record
transactions on a distributed digital ledger (blockchain).14 To transfer an asset on a blockchain, the transferor uses
an alphanumeric code known only to the transferor (a private key) to create a request that the network software
validate a new ledger entry, which assigns control of the asset to the recipient.15 Once the network has validated
this transfer, the ledger is updated and the recipient may transfer the asset to another recipient using their own
private key.16 Ledger entries are cryptographically secured, and accounts on a blockchain are identified by
alphanumeric ‘‘public keys’’ rather than by personal names.17 Virtual currency wallets are interfaces that store and
transfer virtual currency.18

Stablecoin
Stablecoins are a type of virtual currency designed to maintain a stable value by pegging the value to a national
currency or other assets.19 Stablecoins aim to eliminate volatility by pegging their value to a stable asset, such as
the United States Dollar.20 As of February 2026, the total market cap for stablecoins is approximately $296 billion.21
The top three stablecoins in terms of market cap are Tether (USDT), USDC (USDC), and USDS (USDS).22

Federal law
On July 18, 2025, the federal government signed into law the Guiding and Establishing National Innovation for U.S.
Stablecoins Act of 2025 (“GENIUS Act”), establishing the first regulatory framework for payment stablecoin
issuers.23

9 S. 560.103(36), F.S.
10 Often referred to as “fiat” currency.
11 IRS, Digital assets, https://www.irs.gov/filing/digital-assets (last visited Feb. 5, 2026).
12 Id.
13 Id.
14 Office of the Federal Register, National Archives and Records Administration, Requirements for Certain Transactions

Involving Convertible Virtual Currency or Digital Assets, GovInfo, (Dec. 23, 2020), https://www.govinfo.gov/app/details/FR-
2020-12-23/2020-28437/summary (last visited Feb. 5, 2026).
15 Id.
16 Id.
17 Id.
18 FinCEN, Application of FinCEN’s Regulations to Certain Business Models Involving Convertible Virtual Currencies, (May 9,

2019), https://www.fincen.gov/system/files/2019-05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf (last visited Feb.
5, 2026).
19 Congressional Research Service, Stablecoins: Background and Policy Issues, https://www.congress.gov/crs-

product/IF11968. (last visited Feb. 5, 2026).
20 Congressional Research Service, Stablecoin Policy Issues for the 118th Congress, https://www.congress.gov/crs-

product/IF12450. (last visited Feb. 5, 2026).
21 Forbes, Top Stablecoins Coins Today by Market Cap, https://www.forbes.com/digital-assets/categories/stablecoins/ (last

visited Feb. 6, 2026).
22 Id.
23 12. U.S.C. ss. 5901-5916.

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5
CS/HB 1415
The GENIUS Act takes effect on the earlier of January 18, 2027 or 120 days after the specified federal payment
stablecoin regulators issue implementing regulations.24

The GENIUS Act defines “payment stablecoin" as a digital asset meeting the following requirements:
 Is meant to be used for payments or settling transactions.
 The issuer of which:
o Must be ready to convert or redeem it for a fixed amount of money.25
o Represents, or creates a reasonable expectation that the value of the digital asset will remain stable
against a fixed amount of money.26

Under the GENIUS Act, only permitted payment stablecoin issuers (“PPSIs”) may issue a payment stablecoin in the
United States.27 Beginning July 18, 2028, it will be unlawful for digital asset service providers to offer or sell a
payment stablecoin in the United States, unless the provider is a PPSI or a foreign payment stablecoin issuer
meeting certain conditions.28

The GENIUS Act establishes three types of PPSIs, all of which must be formed in the United States:
 a subsidiary of an insured depository institution;29
 a federal qualified payment stablecoin issuer;30 or
 a state qualified stablecoin issuer.31

PPSIs must comply with various requirements under the GENIUS Act, such as:
 Maintaining identifiable reserves backing the outstanding payment stablecoin on at least a one- to-one
basis comprising on specified types of reserves, such as U.S. coin and currency.32
 Publishing the monthly composition of the issuer’s reserve on its website, including the average maturity
and custody location of each reserve category.
 Having monthly reserve reports examined by a registered public accounting firm and attested to by the
issuer’s chief executive officer and chief financial officer.33
 Publicly disclosing the issuer’s redemption policy which must establish clear procedures for timely
redemption of payment stablecoin and clearly disclose all fees34 associated with purchasing or redeeming
payment stablecoin.35
 Not engaging in tying practices that condition access to payment stablecoin services on the purchase of
unrelated products or services, or on agreements not to use competitors’ products, unless authorized by
federal law.36

24 S.1582 - 119th Congress (2025-2026): GENIUS Act, S.1582, 119th Cong. (2025), https://www.congress.gov/bill/119th-

congress/senate-bill/1582, (last visited Feb. 5, 2026).
25 E.g. 1 United States Dollar for 1 stablecoin.
26 12 U.S.C. s. 5901. A payment stablecoin does not include a national currency, deposits as defined in 12 U.S.C. s. 1813 or

securities.
27 12 U.S.C. 5902.
28 Id.
29 An “insured depository institution” is any bank or savings association the deposits of which are insured by the Federal

Deposit Insurance Corporation pursuant to this chapter. See 12 U.S.C. 5901 and 12 U.S.C. 1813.
30 The term “federal qualified payment stablecoin issuer” means: the following issuers approved by the Comptroller to issue

payment stablecoin: a nonbank entity, other than a State qualified payment stablecoin issuer; an uninsured national bank
chartered pursuant to title LXII of the Revised Statutes; and a federal branch. 12 U.S.C. 5901(11).
31 The term “state qualified payment stablecoin issuer” means an entity that is legally established under the laws of a state and

approved to issue payment stablecoin by a state payment stablecoin regulator; 12 U.S.C. 5901(31).
32 12 U.S.C. s. 5903(a)(2) prohibits the required reserves from being pledged, rehypothecated, or reused by the permitted

payment stablecoin issuer except for as provided in the GENIUS Act.
33 12 U.S.C. s. 5903.
34 Fee changes require at least seven days’ prior notice to consumers.
35 12 U.S.C. 5903.
36 Id.

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6
CS/HB 1415
 Not using deceptive names or marketing that imply association with or endorsement by the U.S.
Government.37
 Not paying interest or other yield solely for holding or using a payment stablecoin.38

The GENIUS Act creates a tiered oversight model between federal and state authorities. The GENIUS Act permits
states to regulate certain payment stablecoin issuers if:
 The state has a regulatory regime that is substantially similar to the federal regime.
 The state stablecoin regulation submits a certification to the Stablecoin Certification Review Committee
attesting that the state-level regulatory regime meets the criteria for substantial similarity.
 The state submits additional certifications to the Stablecoin Certification Review Committee confirming
the accuracy of the initial certification.39

The GENIUS Act requires designated federal regulators to implement rules and regulations for implementing the
GENIUS Act. As of February 2026, said rules and regulations have not been implemented.

Money services businesses
The Financial Services Commission (“Commission”) is an executive agency within the Department of Financial
Services and is composed of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner
of Agriculture.40 The Office of Financial Regulation (“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.41

The Division of Consumer Finance within OFR licenses and regulates various aspects of the non-depository
financial services industries, including money services businesses.42

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.”43 Money services businesses must be licensed with OFR.44

37 Id.
38 Id.
39 12 U.S.C. 5901.
40 S. 20.121(3), F.S.
41 S. 20.121(3)(a)2., F.S.
42 Office of Financial Regulation, Division of Consumer Finance, Division of Consumer Finance (last visited Feb. 5, 2026).
43 S. 560.103(23), F.S.
44 S. 560.125, F.S.

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CS/HB 1415
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 2/11/2026 Brackett Highsmith
Subcommittee
THE CHANGES ADOPTED BY THE  Removed the provision that allowed DFS to create payment stablecoin.
COMMITTEE:  Required DFS to ensure that any payment stablecoin issuer in the
program is a “permitted payment stablecoin issuer.”
 Required DFS to coordinate with OFR to avoid duplicative regulation.
 Permitted DFS to purchase payment stablecoin in order to pay refunds.
 Permitted DFS to designate one or more stablecoins for use in the
program.
 Incorporated requirements for payment stablecoin and issuers from
the federal GENIUS Act.
 Replaced the requirement for payment stablecoin issuers in the
program to be backed by at least $1 billion in reserves with the
requirement for the issuer to have had an average market
capitalization of at least $1 billion in the preceding year and to be fully
backed by reserve assets.
 Required program participants to provide DFS with a compatible
digital wallet address if they elect to receive refunds from DFS in
payment stablecoin.
 Clarified that the bill does not relieve the Chief Financial Officer or DFS
of any obligation to secure public funds in a secure public depository or
to hold payment stablecoin in a manner similar to how direct United
States Treasury obligations are held.
 Clarified that DFS must convert payment stablecoin into United States
currency within a reasonable time after receipt.
Commerce Committee Hamon Highsmith

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8
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 1415 2026

1 A bill to be entitled
2 An act relating to the use of digital currency by the
3 Department of Financial Services; creating s. 17.72,
4 F.S.; establishing the Florida Stablecoin Pilot
5 Program within the Department of Financial Services;
6 providing legislative intent; providing definitions;
7 authorizing the department to engage in certain
8 activities; authorizing the department to designate
9 one or more payment stablecoins for certain
10 activities; requiring that certain payment stablecoins
11 meet specified criteria; authorizing the department to
12 accept payment stablecoins; authorizing program
13 participants to elect to voluntarily participate in
14 the program and remit payment stablecoins to a
15 compatible digital wallet address; requiring certain
16 participants to provide the department with a
17 compatible digital wallet address; requiring the
18 department to comply with certain requirements;
19 requiring the department to provide a compatible
20 digital wallet address for a specified purpose;
21 authorizing the department to conduct examinations,
22 audits, and investigations of permitted payment
23 stablecoin issuers; requiring the department to
24 coordinate with the Office of Financial Regulation
25 under certain circumstances; requiring the department

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26 to monitor and evaluate the pilot program and collect
27 certain data; requiring the department to submit an
28 annual report containing certain information to the
29 Governor and the Legislature, beginning on a specified
30 date and annually thereafter; providing construction;
31 authorizing the department to adopt rules; providing
32 an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Section 17.72, Florida Statutes, is created to
37 read:
38 17.72 Florida Stablecoin Pilot Program.—There is
39 established within the department the Florida Stablecoin Pilot
40 Program. It is the intent of the Legislature that the Florida
41 Stablecoin Pilot Program yield benefits from the acceptance of
42 payment stablecoins as a form of payment for governmental fees
43 through this voluntary pilot program.
44 (1) DEFINITIONS.—As used in this section, the term:
45 (a) "Blockchain" means a mathematically secured,
46 chronological, decentralized, distributed, and digital ledger or
47 database that consists of records of transactions that cannot be
48 altered retroactively.

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49 (b) "Compatible digital wallet address" means the address
50 of a software application that securely stores private keys for
51 accessing and completing transactions with payment stablecoins.
52 (c) "Digital asset" means any digital representation of
53 value that is recorded on a cryptographically secured digital
54 ledger.
55 (d) "Exchange platform" means a company licensed and
56 regulated by the federal or a state government which provides
57 trading, custody, or money transmission services of payment
58 stablecoins or other digital assets.
59 (e) "Federal qualified payment stablecoin issuer" means
60 any of the following:
61 1. A nonbank entity, other than a state qualified payment
62 stablecoin issuer, approved by the Office of the Comptroller of
63 the Currency to issue payment stablecoins.
64 2. An uninsured national bank that is chartered by the
65 Office of the Comptroller of the Currency pursuant to title LXII
66 of the Revised Statutes and is approved to issue payment
67 stablecoins. As used in this subsection, the term "national
68 bank" has the same meaning as in the GENIUS Act, Pub. L. No.
69 119-27.
70 3. A federal branch that is approved by the Office of the
71 Comptroller of the Currency to issue payment stablecoins. For
72 purposes of this subparagraph, the term "federal branch" has the

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73 same meaning as in s. 3 of the Federal Deposit Insurance Act, 12
74 U.S.C. s. 1813.
75 (f)1. "Payment stablecoin" means a digital asset that
76 meets all of the following requirements:
77 a. Is, or is designed to be, used as a means of payment or
78 settlement.
79 b. The issuer of which:
80 (I) Is obligated to convert, redeem, or repurchase the
81 digital asset for a fixed amount of monetary value, not
82 including a digital asset denominated in a fixed amount of
83 monetary value.
84 (II) Represents that such issuer will maintain, or create
85 the reasonable expectation that it will maintain, a stable value
86 relative to the value of a fixed amount of monetary value.
87 2. The term does not include a digital asset that is any
88 of the following:
89 a. A national currency.
90 b. A deposit as defined in s. 3 of the Federal Deposit
91 Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
92 using distributed ledger technology. For purposes of this
93 subparagraph, the term "distributed ledger" has the same meaning
94 as in the GENIUS Act, Pub. L. No. 119-27.
95 c. A security, as defined in s. 517.021; s. 2 of the
96 Securities Act of 1933, 15 U.S.C. s. 77b; s. 3 of the Securities

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97 and Exchange Act of 1934, 15 U.S.C. s. 78c; or s. 2 of the
98 Investment Company Act of 1940, 15 U.S.C. s. 80a-2.
99 (g) "Permitted payment stablecoin issuer" means a person
100 formed in the United States which is one of the following:
101 1. A subsidiary of an insured depository institution that
102 has been approved to issue payment stablecoins under the GENIUS
103 Act, Pub. L. No. 119-27. For purposes of this subparagraph, the
104 term "insured depository institution" has the same meaning as in
105 the GENIUS Act, Pub. L. No. 119-27.
106 2. A federal qualified payment stablecoin issuer.
107 3. A state qualified payment stablecoin issuer.
108 (h) "State qualified payment stablecoin issuer" means an
109 entity legally established under the laws of a state and
110 approved by the Office of Financial Regulation to issue payment
111 stablecoins.
112 (2) PROGRAM PARTICIPATION.—
113 (a) The department may engage in any of the following
114 activities that meet the requirements of this section:
115 1. Accept payment stablecoin for the payment of authorized
116 fees as provided in paragraph (c).
117 2. Issue refunds, reimbursements, or other similar
118 disbursements in the form of payment stablecoins to any
119 participant who elects to receive a payment in such form. The
120 department may purchase payment stablecoins in an amount that is
121 necessary to support such activity.

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122 3. Hold payment stablecoin. If such payment stablecoin
123 does not earn any interest or yields, the department may hold
124 payment stablecoin only in the amount that is estimated to be
125 required to issue refunds, reimbursements, or other similar
126 disbursements during a revolving 30-day period. Any direct or
127 indirect yields earned with respect to payment stablecoins shall
128 be credited to the benefit of the state.
129 (b) The department may designate one or more payment
130 stablecoins for activities authorized in paragraph (a). Any
131 payment stablecoin that is accepted, purchased, held, or
132 disbursed by the department pursuant to this section must meet
133 all of the following criteria:
134 1. Have an average market capitalization of at least $1
135 billion during the preceding 12-month period.
136 2. Be fully backed by reserve assets on a one-to-one basis
137 limited to United States currency, demand deposits at insured
138 depository institutions, United States Treasury bills having a
139 remaining maturity of 93 days or less, or reverse repurchase
140 agreements collateralized by such treasury bills.
141 3. Be redeemable at all times at a one-to-one ratio for
142 United States dollars through the permitted payment stablecoin
143 issuer or its agent.
144 4. Be minted by a permitted payment stablecoin issuer.
145 5. Be issued by an issuer that does not charge withdrawal
146 or redemption fees.

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147 6. Be purchased by the department directly from a
148 permitted payment stablecoin issuer through a blockchain network
149 or indirectly through an exchange platform, or received by the
150 department from a program participant.
151 7. Except as otherwise provided in this section, be issued
152 by an issuer that meets any additional criteria for a permitted
153 payment stablecoin issuer under any applicable federal or state
154 law including, but not limited to, the GENIUS Act, Pub. L. No.
155 119-27.
156 (c) The department may accept payment stablecoins as a
157 form of payment for fees that include, but are not limited to,
158 licensing fees, registration fees, certification fees,
159 assessment fees, application fees, renewal fees, other
160 regulatory fees administered by the department, or any other fee
161 owed to the department.
162 (d) An applicant, a licensee, or other program participant
163 may elect to voluntarily participate in the pilot program and
164 remit payment stablecoins to a compatible digital wallet address
165 designated by the department as a valid form of payment for any
166 fee authorized in paragraph (c).
167 (e) A participant that elects to receive from the
168 department a refund, reimbursement, or other similar
169 disbursement in the form of payment stablecoin must provide the
170 department with a compatible digital wallet address where such
171 payment may be sent.

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172 (3) DEPARTMENT DUTIES.—
173 (a) The department must comply with all of the following
174 requirements:
175 1. Ensure that any payment stablecoin issuer designated
176 for use in the pilot program is a permitted payment stablecoin
177 issuer.
178 2. Provide a compatible digital wallet address to any
179 participant that elects to participate in the voluntary pilot
180 program for the payment of any fees authorized in paragraph
181 (2)(c) to be paid in the form of payment stablecoins.
182 3. Within a reasonable time after receiving a payment
183 stablecoin from any program participant, convert the payment
184 stablecoin into United States currency and credit the applicable
185 account where the funds would be held in a qualified public
186 depository in the same manner as a payment made by any other
187 authorized means.
188 (b) The department may conduct examinations, audits, or
189 investigations of a permitted payment stablecoin issuer of a
190 payment stablecoin designated for use in the pilot program to
191 verify asset backing, redeemability, and adherence to consumer
192 protection standards, including standards related to fraud
193 prevention and dispute resolution. To the extent that the
194 department intends to engage in such conduct as to a state
195 qualified payment stablecoin issuer, the department must

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196 coordinate with the Office of Financial Regulation to avoid
197 duplicated efforts and to efficiently regulate such issuer.
198 (4) REPORTING.—
199 (a) The department shall monitor and evaluate the pilot
200 program and collect data on transaction volume, cost savings,
201 security incidents, regulatory compliance, and economic impacts,
202 as well as any instances of fraud or disputes.
203 (b) Beginning February 1, 2027, and annually thereafter,
204 the department must submit a report to the Governor, the
205 President of the Senate, and the Speaker of the House of
206 Representatives which must include all of the following:
207 1. A summary of the data collected pursuant to paragraph
208 (a).
209 2. Any findings the department makes with respect to the
210 pilot program which include, but are not limited to, findings
211 regarding any trends or patterns relating to financial matters,
212 such as fiscal impacts, or nonfinancial matters, such as
213 utilization analysis.
214 3. Any recommendations for expansion or termination of the
215 pilot program.
216 4. Any proposed statutory changes, if appropriate.
217 (5) CONSTRUCTION.—This section:
218 (a) Does not alter or supersede any existing statutory fee
219 obligations, licensing requirements, or enforcement authority of
220 the department.

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221 (b) Authorizes the acceptance of payment stablecoins as an
222 optional payment method and does not require or authorize the
223 acceptance of any other digital asset.
224 (c) May not be construed to relieve the Chief Financial
225 Officer or the department of any obligation to secure public
226 funds, including any payment stablecoins, in a qualified public
227 depository unless an exemption applies pursuant to s. 280.03 or,
228 with respect to payment stablecoins, to hold such stablecoins in
229 a manner similar to how direct United States Treasury
230 obligations are held pursuant to s. 17.57(2)(a).
231 (6) RULEMAKING.—The department may adopt rules to
232 implement this section.
233 Section 2. This act shall take effect upon becoming a law.

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COMMERCE COMMITTEE

CS/HB 1415 by Rep. Holcomb
Use of Digital Currency by the Department of Financial Services

AMENDMENT SUMMARY
February 24, 2026

Amendment #678913 by Rep. Holcomb (strike-all):
• Authorizes DFS to designate payment stablecoin that is subject to network or
exchange fees paid by DFS.
o Such fees must be reasonable and may not exceed the fees that would be
charged to DFS if payment were accepted by similar means.
o DFS is also required to minimize any fees resulting from the conversion of
payment stablecoin into United States currency.
• Amends the definition of state qualified payment stablecoin issuer to include
issuers from out of state, to align the bill with the requirements of the federal
GENIUS Act.
• Permits DFS, when designating payment stablecoin for use in the pilot program,
to prefer payment stablecoin issued by OFR approved payment stablecoin
issuers.
• Provides that DFS may not engage in the activities authorized under the program
until either the federal government or a state payment stablecoin regulator
approves qualified payment stablecoin issuers.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1415 (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 Holcomb offered the following:
3
4 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 Florida Stablecoin Pilot Program.—There is
9 established within the department the Florida Stablecoin Pilot
10 Program. It is the intent of the Legislature that the Florida
11 Stablecoin Pilot Program yield benefits from the acceptance of
12 payment stablecoins as a form of payment for governmental fees
13 through this voluntary pilot program.
14 (1) DEFINITIONS.—As used in this section, the term:
15 (a) "Blockchain" means a mathematically secured,
16 chronological, decentralized, distributed, and digital ledger or
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Bill No. CS/HB 1415 (2026)
Amendment No.

17 database that consists of records of transactions that cannot be
18 altered retroactively.
19 (b) "Compatible digital wallet address" means the address
20 of a software application that securely stores private keys for
21 accessing and completing transactions with payment stablecoins.
22 (c) "Digital asset" means any digital representation of
23 value that is recorded on a cryptographically secured digital
24 ledger.
25 (d) "Exchange platform" means a company licensed and
26 regulated by the federal or a state government which provides
27 trading, custody, or money transmission services of payment
28 stablecoins or other digital assets.
29 (e) "Exchange platform fee" means a fee charged by an
30 exchange platform for the trading, custody, or money
31 transmission services of payment stablecoins or other digital
32 assets.
33 (f) "Federal qualified payment stablecoin issuer" means
34 any of the following:
35 1. A nonbank entity, other than a state qualified payment
36 stablecoin issuer, approved by the Office of the Comptroller of
37 the Currency to issue payment stablecoins.
38 2. An uninsured national bank that is chartered by the
39 Office of the Comptroller of the Currency pursuant to title LXII
40 of the Revised Statutes and is approved to issue payment
41 stablecoins. As used in this subsection, the term "national
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Amendment No.

42 bank" has the same meaning as in the GENIUS Act, Pub. L. No.
43 119-27.
44 3. A federal branch that is approved by the Office of the
45 Comptroller of the Currency to issue payment stablecoins. For
46 purposes of this subparagraph, the term "federal branch" has the
47 same meaning as in s. 3 of the Federal Deposit Insurance Act, 12
48 U.S.C. s. 1813.
49 (g) "Network fee" means the cost paid by a user to have a
50 transaction processed and confirmed on a blockchain network.
51 (h)1. "Payment stablecoin" means a digital asset that meets
52 all of the following requirements:
53 a. Is, or is designed to be, used as a means of payment or
54 settlement.
55 b. The issuer of which:
56 (I) Is obligated to convert, redeem, or repurchase the
57 digital asset for a fixed amount of monetary value, not
58 including a digital asset denominated in a fixed amount of
59 monetary value.
60 (II) Represents that such issuer will maintain, or create
61 the reasonable expectation that it will maintain, a stable value
62 relative to the value of a fixed amount of monetary value.
63 2. The term does not include a digital asset that is any of
64 the following:
65 a. A national currency, as defined in the GENIUS Act, Pub.
66 L. No. 119-27.
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67 b. A deposit as defined in section 3 of the Federal Deposit
68 Insurance Act, 12 U.S.C. s. 1813, including a deposit recorded
69 using distributed ledger technology. For purposes of this
70 subparagraph, the term "distributed ledger" has the same meaning
71 as in the GENIUS Act, Pub. L. No. 119-27.
72 c. A security, as defined in s. 517.021, section 2 of the
73 Securities Act of 1933, 15 U.S.C. s. 77b, section 3 of the
74 Securities and Exchange Act of 1934, 15 U.S.C. s. 78c, or
75 section 2 of the Investment Company Act of 1940, 15 U.S.C. s.
76 80a-2.
77 (i) "Permitted payment stablecoin issuer" means a person
78 formed in the United States which is one of the following:
79 1. A subsidiary of an insured depository institution that
80 has been approved to issue payment stablecoins under the GENIUS
81 Act, Pub. L. No. 119-27. For purposes of this subparagraph, the
82 term "insured depository institution" has the same meaning as in
83 the GENIUS Act, Pub. L. No. 119-27.
84 2. A federal qualified payment stablecoin issuer.
85 3. A state qualified payment stablecoin issuer.
86 (j) "State payment stablecoin regulator" means the Office
87 of Financial Regulation. The term also includes a state agency
88 in another state that has primary regulatory and supervisory
89 authority in such state over entities that issue payment
90 stablecoins.

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91 (k) "State qualified payment stablecoin issuer" means an
92 entity legally established under the laws of a state and
93 approved to issue payment stablecoins by a state payment
94 stablecoin regulator.
95 (2) PROGRAM PARTICIPATION.—
96 (a) The department may engage in any of the following
97 activities that meet the requirements of this section:
98 1. Accept payment stablecoin for the payment of authorized
99 fees as provided in paragraph (c).
100 2. Issue refunds, reimbursements, or other similar
101 disbursements in the form of payment stablecoins to any
102 participant who elects to receive a payment in such form. The
103 department may purchase payment stablecoins in an amount that is
104 necessary to support such activity.
105 3. Hold payment stablecoin. If such payment stablecoin
106 does not earn any interest or yields, the department may hold
107 payment stablecoin only in the amount that is estimated to be
108 required to issue refunds, reimbursements, or other similar
109 disbursements during a revolving 30-day period. Any direct or
110 indirect yields earned with respect to payment stablecoins shall
111 be credited to the benefit of the state.
112 (b) The department may designate one or more payment
113 stablecoins for activities authorized in paragraph (a). Any
114 payment stablecoin that is accepted, purchased, held, or

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115 disbursed by the department pursuant to this section must meet
116 all of the following criteria:
117 1. Have an average market capitalization of at least $1
118 billion during the preceding 12-month period.
119 2. Be fully backed by reserve assets on a one-to-one basis
120 limited to United States currency, demand deposits at insured
121 depository institutions, United States Treasury bills having a
122 remaining maturity of 93 days or less, or reverse repurchase
123 agreements collateralized by such treasury bills.
124 3. Be redeemable at all times at a one-to-one ratio for
125 United States dollars through the permitted payment stablecoin
126 issuer or its agent.
127 4. Be issued by a permitted payment stablecoin issuer.
128 5. Be purchased by the department directly from a permitted
129 payment stablecoin issuer through a blockchain network or
130 indirectly through an exchange platform, or received by the
131 department from a program participant.
132 6. If network fees or exchange platform fees are paid by
133 the department, such fees must be reasonable and may not exceed
134 the fees that would be charged to the department if payment were
135 accepted by similar mediums of exchange.
136 7. Except as otherwise provided in this section, be issued
137 by an issuer that meets any additional criteria for a permitted
138 payment stablecoin issuer under any applicable federal or state

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1415 (2026)
Amendment No.

139 law including, but not limited to, the GENIUS Act, Pub. L. No.
140 119-27.
141 (c) The department may accept payment stablecoins as a
142 form of payment for fees that include, but are not limited to,
143 licensing fees, registration fees, certification fees,
144 assessment fees, application fees, renewal fees, other
145 regulatory fees administered by the department, or any other fee
146 owed to the department.
147 (d) An applicant, a licensee, or other program participant
148 may elect to voluntarily participate in the pilot program and
149 remit payment stablecoins to a compatible digital wallet address
150 designated by the department as a valid form of payment for any
151 fee authorized in paragraph (c).
152 (e) A participant that elects to receive from the
153 department a refund, reimbursement, or other similar
154 disbursement in the form of payment stablecoin must provide the
155 department with a compatible digital wallet address where such
156 payment may be sent.
157 (3) DEPARTMENT DUTIES.—
158 (a) The department must comply with all of the following
159 requirements:
160 1. Ensure that any payment stablecoin issuer designated for
161 use in the pilot program is a permitted payment stablecoin
162 issuer. If the Federal Government has not approved any federal
163 qualified payment stablecoin issuers and no state payment
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1415 (2026)
Amendment No.

164 stablecoin regulator has approved any state qualified payment
165 stablecoin issuers, the department may not engage in any of the
166 activities authorized in subsection (2).
167 2. Provide a compatible digital wallet address to any
168 participant that elects to participate in the voluntary pilot
169 program for the payment of any fees authorized in paragraph
170 (2)(c) to be paid in the form of payment stablecoins.
171 3. Within a reasonable time after receiving a payment
172 stablecoin from any program participant, convert the payment
173 stablecoin into United States currency and credit the applicable
174 account where the funds would be held in a qualified public
175 depository, unless an exception applies pursuant to s. 280.03,
176 in the same manner as a payment made by any other authorized
177 means. The department is required to attempt to minimize the
178 amount of potential fees, if applicable, when determining the
179 date and time to convert the payment stablecoin.
180 (b) The department may conduct examinations, audits, or
181 investigations of a permitted payment stablecoin issuer of a
182 payment stablecoin designated for use in the pilot program to
183 verify asset backing, redeemability, and adherence to consumer
184 protection standards, including standards related to fraud
185 prevention and dispute resolution. To the extent that the
186 department intends to engage in such conduct as to a state
187 qualified payment stablecoin issuer, the department must

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1415 (2026)
Amendment No.

188 coordinate with the Office of Financial Regulation to avoid
189 duplicated efforts and to efficiently regulate such issuer.
190 (4) REPORTING.—
191 (a) The department shall monitor and evaluate the pilot
192 program and collect data on transaction volume, cost savings,
193 security incidents, regulatory compliance, and economic impacts,
194 as well as any instances of fraud or disputes.
195 (b) Beginning February 1, 2027, and annually thereafter,
196 the department must submit a report to the Governor, the
197 President of the Senate, and the Speaker of the House of
198 Representatives which must include all of the following:
199 1. A summary of the data collected pursuant to paragraph
200 (a).
201 2. Any findings the department makes with respect to the
202 pilot program which include, but are not limited to, findings
203 regarding any trends or patterns relating to financial matters,
204 such as fiscal impacts, or nonfinancial matters, such as
205 utilization analysis.
206 3. Any recommendations for expansion or termination of the
207 pilot program.
208 4. Any proposed statutory changes, if appropriate.
209 (5) CONSTRUCTION.—This section:
210 (a) Does not alter or supersede any existing statutory fee
211 obligations, licensing requirements, or enforcement authority of
212 the department.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1415 (2026)
Amendment No.

213 (b) Authorizes the acceptance of payment stablecoins as an
214 optional payment method and does not require or authorize the
215 acceptance of any other digital asset.
216 (c) May not be construed to relieve the Chief Financial
217 Officer or the department of any obligation to secure public
218 funds, including any payment stablecoins, in a qualified public
219 depository unless an exemption applies pursuant to s. 280.03 or,
220 with respect to payment stablecoins, to hold such stablecoins in
221 a manner similar to how direct United States Treasury
222 obligations are held pursuant to s. 17.57(2)(a).
223 (c) Permits the department to have a preference for state
224 qualified payment stablecoin issuer legally established under
225 the laws of this state and approved by the Office of Financial
226 Regulation.
227 (d) Authorizes the department to prefer, when designating
228 payment stablecoins for use in the pilot program pursuant to
229 paragraph (2)(b), state qualified payment stablecoin issuers
230 approved by the Office of Financial Regulation.
231 (6) RULEMAKING.—The department may adopt rules to
232 implement this section.
233 Section 2. This act shall take effect upon becoming a law.

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CS/HB 1451
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 1451 COMPANION BILL: CS/CS/SB 1724 (Martin)
TITLE: Utility Services LINKED BILLS: None
SPONSOR(S): Busatta RELATED BILLS: None
Committee References
Economic Infrastructure Intergovernmental Affairs Commerce
14 Y, 0 N, As CS  12 Y, 3 N 

SUMMARY
Effect of the Bill:
The bill requires certain public meetings and reporting for municipalities that provide utility service or intend to
provide utility service in areas outside of their municipal boundaries. The bill also limits the rates, fees, and charges
that a municipal water or sewer utility may impose on customers outside the boundaries of the municipality to no
more than 25 percent in excess of those imposed on customers within the boundaries.

Fiscal or Economic Impact:
The bill may have an indeterminate negative impact on local government revenues and expenditures.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill establishes terms related to the provision of municipal utility services in areas outside a municipality’s
boundaries.

Extension of Utility Service
Under the bill, a municipality that intends to offer retail electric, natural gas, water, or sewer utility service in
another municipality or unincorporated area outside of the municipality’s boundaries must hold a public meeting
in conjunction with the governing body of each municipality or unincorporated area to be served. The bill provides
that this meeting does not need to be a separate public meeting conducted specifically for this purpose. The public
meeting must take place before a new agreement to provide such service, or a renewal, extension, or material
amendment of an existing agreement, may take effect. The public meeting must be held within each municipality
and unincorporated area to be served for the purpose of providing information and soliciting public input on each
of the following:
 The nature of the service to be provided or changes to the service being provided.
 The rates, fees, and charges to be imposed for the services provided or intended to be provided, including:
o Any differential with the rates, fees, and charges imposed for the same service on customers located
within the boundaries of the serving municipality;
o The basis for the differential; and
o The length of time that the differential is expected to exist.
 The extent to which revenues generated from the provision of the service will be used to fund or finance
non-utility government functions or services.
 Any other matters deemed relevant by the parties to the agreement. (Section 1)

Further, the bill requires that a new agreement to provide these utility services beyond a municipality’s
boundaries, or an extension, renewal, or material amendment to an existing agreement, must be in writing.
(Section 1)
STORAGE NAME: h1451d.COM
DATE: 2/20/2026
1
CS/HB 1451

The bill requires that an appointed representative1 of each municipality providing utility service in another
municipality or unincorporated area outside of the municipality’s boundaries must conduct an annual customer
meeting in conjunction with the governing body of each municipality and unincorporated area in which it provides
service. The purpose of this meeting is to receive public input on utility-related matters, including rates and
service. The bill provides that this meeting does not need to be a separate public meeting conducted specifically for
this purpose. (Section 1)

Water and Sewer Rates and Charges
The bill removes the provision from current law allowing a municipal water or sewer utility to add, for customers
outside the municipal boundaries, a surcharge of up to 25 percent of the rates, fees, and charges imposed on
customers within its boundaries without a public meeting. Furthermore, the bill changes the limit on the rates,
fees, and charges such utilities can impose on customers outside of municipal boundaries to no more than 25
percent in excess of the rates, fees, and charges that the municipal water or sewer utility charges customers within
the municipal boundaries, provided rates for outside customers are set in a public hearing using the same methods
used to set rates for customers within the municipal boundaries. (Section 2).

Reporting
The bill requires that by January 1, 2027, and annually thereafter, each municipality that provides utility service
outside its municipal boundaries must report to the Public Service Commission (PSC), for each type of utility
service it provides outside of municipal boundaries, the following information:
 The number and percentage of customers that receive utility service provided by the municipality at a
location outside the boundaries of the municipality;
 The volume and percentage of sales made to such customers, and the gross revenues generated from such
sales; and
 Whether the rates, fees, and charges imposed on customers that receive service at a location outside the
municipality's boundaries are different than the rates, fees, and charges imposed on customers within the
boundaries of the municipality, and, if so, the amount and percentage of the differential. (Section 3)

The bill provides that a municipality that fails to file this report is subject to the penalties provided in s. 366.095,
F.S. (Section 3)

The bill requires the PSC to compile this information and report it to the Speaker of the House of Representatives,
the Senate President, and the Governor by March 31, 2027, and annually thereafter. The bill provides that it does
not modify or extend the authority of the PSC otherwise provided by law with respect to any municipal utility that
must report this information. (Section 3)

The effective date for these reporting provisions is July 1, 2026. (Section 3)

The bill provides an effective date of July 1, 2027, for all other provisions of the bill. (Section 4)

1 The appointed representative must be an executive-level leadership employee of the municipality, or the municipality’s utility authority,

board, or commission, specifically appointed by the governing body of the municipality to serve as its representative for the purpose of the
meeting.
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2
CS/HB 1451

FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate negative impact on local government expenditures associated with the public
meeting and reporting requirements for municipalities that provide utility service in areas outside of their
municipal boundaries. The bill may also have an indeterminate negative impact on the revenues of municipalities
that currently levy a surcharge in excess of 25 percent

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Municipal Utility Service
Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate, and
proprietary powers to enable them to conduct municipal government, perform municipal functions, and render
municipal services. Municipalities may exercise any power for municipal purposes, except when expressly
prohibited by law.2 The legislative body of each municipality has the power to enact legislation on any subject upon
which the state Legislature may act with certain exceptions.3 Under their home rule power and as otherwise
provided or limited by law or agreement, municipalities may provide utilities to citizens and entities within the
municipality’s corporate boundaries, in unincorporated areas, and even in other municipalities.

Many municipalities own and operate electric utilities and natural gas utilities and govern the operation of those
utilities through ordinance, code, or policies. Currently, there are 35 municipal electric utilities in the state and 27
municipally owned natural gas utilities.4 Municipal electric and natural gas utility rates are not directly regulated
by the Florida Public Service Commission (PSC), however, the PSC does have jurisdiction over municipal electric
utilities for matters related to rate structure, power plant transmission line site certification, general reporting
jurisdiction, service territory and territory disputes, energy efficiency reporting, ten-year site plans, reporting on
system hardening and resiliency, reporting on net metering, audits related to regulatory assessment fees,
monitoring renewable energy, reporting on facilities inspection and vegetation management, and ensuring a
reliable, coordinated power grid.5 Many of these utilities provide service to customers located outside of the
municipality’s boundaries.

Municipalities are authorized by general law to provide water and sewer utility services.6 With respect to public
works projects, including water and sewer utility services,7 municipalities may extend and execute their corporate

2 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political subdivisions

is considered a municipal purpose.
3 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation, merger,

and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited by the
constitution; any subject expressly preempted to state or county government by the constitution or by general law; and any
subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
4 Florida Public Service Commission, Facts & Figures of the Florida Utility Industry (2025), p, 1, 14, available at

https://www.psc.state.fl.us/reports (last visited Feb. 9, 2026).
5 Presentation on Florida Public Power, Florida Municipal Electric Association (Feb. 9, 2023), slide 3, available at

https://www.flhouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3226&Session=20
23&DocumentType=Meeting+Packets&FileName=ecc+2-9-23.pdf (last visited Feb. 9, 2026).
6 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection and

disposal of sewage, including wastewater reuse, and other liquid wastes;” and “construct reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works,
collection systems, treatment and disposal works” to accomplish these purposes.
7 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water flow

and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, gas plants and
distribution systems, and related facilities.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 1451
powers outside of their corporate limits as “desirable or necessary for the promotion of the public health, safety
and welfare.”8 A municipality may not extend or apply these corporate powers within the corporate limits of
another municipality.9 In general, however, local governments may enter into mutually advantageous agreements
to provide services or facilities to other localities.10 Further, the law specifically authorizes a municipality to
permit any other municipality and the owners of lands outside its corporate limits or within the limits of another
municipality to connect with its water and sewer utility facilities and use its services upon agreed terms and
conditions.11 Municipal water and sewer utility systems are exempt from PSC jurisdiction.12

Rates for Municipal Water and Sewer Service
A municipality that operates a water or sewer utility outside of its municipal boundaries may impose higher rates,
fees, and charges on customers receiving service outside of its corporate boundaries as compared to the rates, fees,
and charges imposed on customers within its boundaries. The municipality can accomplish this in two ways:
 First, for customers outside of its boundaries, it may add a surcharge of up to 25 percent of the rates, fees,
and charges imposed on customers within its boundaries. This mechanism does not require a public
hearing.13
 Second, it may set separate rates, fees, and charges for customers outside its boundaries based on the same
factors used to set rates for customers within its boundaries. It may add a surcharge of up to 25 percent of
these charges, provided that the total of all such rates, fees, and charges for service to customers outside its
boundaries may not exceed the total charges to customers within its boundaries by more than 50 percent
for corresponding service. Rates set in this manner require a public hearing at which all users served or to
be served by the water or sewer utilities and all other interested persons will have an opportunity to be
heard concerning the proposed rates.14

There is no central repository for information concerning municipal water or sewer service rates that identifies
municipalities that impose higher rates on customers outside of the municipal boundaries, the specific mechanism
used by such municipalities to establish such rates, or the level of any additional charge or surcharge imposed.

Utility Penalties
Florida law grants the PSC power to impose a penalty upon any entity subject to its jurisdiction under ch. 366, F.S.,
that is found to have refused to comply with or to have willfully violated any lawful rule or order of the PSC or any
provision of that chapter.15 The penalty may not exceed $5,000, but each day that such refusal or violation
continues constitutes a separate offense. Each penalty shall be a lien upon the real and personal property of the
entity, enforceable by the PSC.16

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 1523 - Utility Services Busatta Died in Senate

8 S. 180.02(2), F.S.
9 Id.
10 See s. 163.01, F.S.
11 S. 180.19, F.S.
12 S. 367.022(2), F.S.
13 S. 180.191(1)(a), F.S.
14 S. 180.191(1)(b), F.S.
15 S. 366.095, F.S.
16 Id.

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4
CS/HB 1451
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 14 Y, 0 N, As CS 2/4/2026 Keating Rubottom
Subcommittee
THE CHANGES ADOPTED BY THE  Removed a provision of the bill related to limitations on the use and
COMMITTEE: transfer of utility revenues.
 Limited the rates, fees, and charges that a municipal water or sewer
utility may impose on customers outside the boundaries of the
municipality to no more than 25 percent in excess of those imposed on
customers within the boundaries.
 Established a penalty for failure to file the annual report required by
the bill.
Intergovernmental Affairs 12 Y, 3 N 2/12/2026 Darden Burgess
Subcommittee
Commerce Committee Hamon Rubottom

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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 1451 2026

1 A bill to be entitled
2 An act relating to utility services; amending s.
3 180.19, F.S.; requiring certain public meetings as a
4 condition precedent to the effectiveness of a new or
5 an extended agreement under which a municipality will
6 provide specified utility services in other
7 municipalities or unincorporated areas; specifying the
8 matters to be addressed at such public meetings;
9 requiring such agreements to be written; requiring
10 annual public customer meetings; defining the terms
11 "appointed representative" and "governing body";
12 amending s. 180.191, F.S.; revising provisions
13 relating to permissible rates, fees, and charges
14 imposed by municipal water and sewer utilities on
15 customers located outside the municipal boundaries;
16 creating s. 180.192, F.S.; requiring municipalities
17 that provide specified utility services to report
18 certain information by a specified date, and annually
19 thereafter, to the Florida Public Service Commission;
20 providing penalties; requiring the commission to
21 compile such information and submit a report by a
22 specified date, and annually thereafter, to the
23 Governor and the Legislature; providing construction;
24 providing effective dates.
25

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CS/HB 1451 2026

26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 180.19, Florida Statutes, is amended to
29 read:
30 180.19 Use by other municipalities and by individuals
31 outside corporate limits.—
32 (1) A municipality which constructs any works as are
33 authorized by this chapter, may permit any other municipality
34 and the owners or association of owners of lots or lands outside
35 of its corporate limits or within the limits of any other
36 municipality, to connect with or use the utilities mentioned in
37 this chapter upon such terms and conditions as may be agreed
38 between such municipalities, and the owners or association of
39 owners of such outside lots or lands.
40 (2) Any private company or corporation organized to
41 accomplish the purposes set forth in this chapter, which has
42 been granted a privilege or franchise by a municipality, may
43 permit the owners or association of owners of lots or lands
44 outside of the boundaries of said municipality granting said
45 privilege or franchise, or other municipality, to connect with
46 and use the utility operated by the said private company or
47 corporation upon such terms as may be agreed between the said
48 private company or corporation and the owners or association of
49 owners of said lots or lands or the said municipality.
50 (3)(a) A new agreement, or an extension, renewal, or

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CS/HB 1451 2026

51 material amendment of an existing agreement, to provide
52 electric, natural gas, water, or sewer utility service at retail
53 pursuant to subsection (1) must be written and may not become
54 effective before an appointed representative of the municipality
55 that provides service or intends to provide the service, in
56 conjunction with the governing body of each municipality and
57 unincorporated area served or to be served, has participated in
58 a public meeting, which is not required to be a separate public
59 meeting, within each municipality and unincorporated area served
60 or to be served for purposes of providing information and
61 soliciting public input on:
62 1. The nature of the services to be provided or changes to
63 the services being provided.
64 2. The rates, fees, and charges to be imposed for the
65 services provided or intended to be provided, including any
66 differential with the rates, fees, and charges imposed for the
67 same services on customers located within the boundaries of the
68 serving municipality, the basis for the differential, and the
69 length of time that the differential is expected to exist.
70 3. The extent to which revenues generated from the
71 provision of the services will be used to fund or finance
72 nonutility government functions or services.
73 4. Any other matters deemed relevant by the parties to the
74 agreement.
75 (b) Rates, fees, and charges imposed for water or sewer

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76 utility services provided pursuant to subsection (1) shall
77 comply with s. 180.191.
78 (c) A representative of each municipality that provides
79 electric, natural gas, water, or sewer utility services pursuant
80 to subsection (1), in conjunction with the governing body of
81 each municipality and unincorporated area in which it provides
82 services, must annually conduct a public customer meeting, which
83 is not required to be a separate public meeting, within each
84 municipality and unincorporated area for purposes of soliciting
85 public input on utility-related matters, including fees, rates,
86 charges, and services.
87 (d) For purposes of this subsection, the term:
88 1. "Appointed representative" means an executive-level
89 leadership employee of a municipality, or such municipality's
90 related and separate utility authority, board, or commission,
91 specifically appointed by the governing body to serve as its
92 representative for purposes of this subsection.
93 2. "Governing body" means a:
94 a. Governing body of a municipality in which services are
95 provided or proposed to be extended.
96 b. Board of county commissioners of a county in which
97 services are provided or proposed to be extended, if services
98 are provided or proposed to be extended in an unincorporated
99 area within the county.
100 Section 2. Subsection (1) of section 180.191, Florida

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101 Statutes, is amended to read:
102 180.191 Limitation on rates charged consumer outside city
103 limits.—
104 (1) Any municipality within the state operating a water or
105 sewer utility outside of the boundaries of such municipality
106 shall charge consumers outside the boundaries rates, fees, and
107 charges determined in one of the following manners:
108 (a) It may charge the same rates, fees, and charges as
109 consumers inside the municipal boundaries. However, in addition
110 thereto, the municipality may add a surcharge of not more than
111 25 percent of such rates, fees, and charges to consumers outside
112 the boundaries. Fixing of such rates, fees, and charges in this
113 manner shall not require a public hearing except as may be
114 provided for service to consumers inside the municipality.
115 (b) It may charge rates, fees, and charges that are just
116 and equitable and which are based on the same factors used in
117 fixing the rates, fees, and charges for consumers inside the
118 municipal boundaries. In addition thereto, the municipality may
119 add a surcharge not to exceed 25 percent of such rates, fees,
120 and charges for said services to consumers outside the
121 boundaries. However, the total of all Such rates, fees, and
122 charges for the services to consumers outside the boundaries may
123 shall not be more than 25 50 percent in excess of the rates,
124 fees, and charges total amount the municipality charges
125 consumers served within the municipality for corresponding

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126 service. No such rates, fees, and charges shall be fixed until
127 after a public hearing at which all of the users of the water or
128 sewer systems; owners, tenants, or occupants of property served
129 or to be served thereby; and all others interested shall have an
130 opportunity to be heard concerning the proposed rates, fees, and
131 charges. Any change or revision of such rates, fees, or charges
132 may be made in the same manner as such rates, fees, or charges
133 were originally established, but if such change or revision is
134 to be made substantially pro rata as to all classes of service,
135 both inside and outside the municipality, no hearing or notice
136 shall be required.
137 Section 3. Effective July 1, 2026, section 180.192,
138 Florida Statutes, is created to read:
139 180.192 Reporting requirements related to municipal
140 utility service.—
141 (1) By January 1, 2027, and annually thereafter, each
142 municipality that provides electric, natural gas, water, or
143 sewer utility services pursuant to s. 180.191(1) must provide a
144 report to the Florida Public Service Commission. A municipality
145 that fails to file the report required by this subsection is
146 subject to the penalties provided in s. 366.095. The report must
147 identify, for each type of utility service provided by the
148 municipality:
149 (a) The number and percentage of customers that receive
150 utility services provided by the municipality at a location

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151 outside the boundaries of the municipality.
152 (b) The volume and percentage of sales made to such
153 customers, and the gross revenues generated from such sales.
154 (c) Whether the rates, fees, and charges imposed on
155 customers that receive services at a location outside the
156 municipality's boundaries are different than the rates, fees,
157 and charges imposed on customers within the boundaries of the
158 municipality, and, if so, the amount and percentage of the
159 differential.
160 (2) By March 31, 2027, and annually thereafter, the
161 commission shall compile the information provided pursuant to
162 subsection (1) and submit a report containing this information
163 to the Governor, the President of the Senate, and the Speaker of
164 the House of Representatives.
165 (3) This section does not modify or extend the authority
166 of the commission otherwise provided by law with respect to any
167 municipal utility that is required to comply with subsection
168 (1).
169 Section 4. Except as otherwise expressly provided in this
170 act, this act shall take effect July 1, 2027.

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Commerce Committee

CS/HB 1451 by Rep. Busatta
Utility Services

AMENDMENT SUMMARY
February 24, 2026

Amendment #486173 by Rep. Busatta (line 137):
• Limits the rates, fees, and charges that a municipal utility may impose on the
water or wastewater customers it serves within the boundaries of another
municipality, where the serving utility uses a water or wastewater treatment plant
located within the boundaries of the other municipality to provide such service.
• Revises reporting requirements for municipalities that provide utility services to
customers outside their municipal boundaries.
• Requires the PSC, in the annual report required by the bill, to:
o Identify any issues related to the reporting and collection of information
required by the bill;
o Identify municipalities that fail to report required information; and
o Make recommendations as necessary to improve the reporting process
and the consistency of information provided by reporting municipalities.
• Expressly preempts to the state the subject of a regional utility authority created
by the Legislature through charter amendment after January 1, 2023.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1451 (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 Busatta offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 137-170 and insert:
6 (2) Notwithstanding subsection (1), any municipality
7 within this state operating a water or sewer utility that
8 provides services to consumers within the boundaries of a
9 separate municipality through the use of a water treatment plant
10 or sewer treatment plant located within the boundaries of that
11 separate municipality may charge consumers in the separate
12 municipality no more than the rates, fees, and charges imposed
13 on consumers inside its own municipal boundaries.
14 Section 3. Effective July 1, 2026, section 180.192,
15 Florida Statutes, is created to read:
16 180.192 Reporting requirements related to municipal
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1451 (2026)
Amendment No.

17 utility service.—
18 (1) By January 1, 2027, and annually thereafter, each
19 municipality that provided electric, natural gas, water, or
20 sewer utility service during its most recently completed fiscal
21 year to customers who received such service at a location
22 outside the municipality’s boundaries must provide a report to
23 the Florida Public Service Commission that identifies, for the
24 municipality’s most recently completed fiscal year:
25 (a) For each type of utility service, the total number of
26 customers that received utility service from the municipality,
27 and the number and percentage of customers that received utility
28 service from the municipality at a location outside the
29 boundaries of the municipality.
30 (b) For each type of utility service, the gross revenues
31 generated from the sale of utility service by the municipality,
32 the volume and percentage of sales made to customers that
33 received utility service from the municipality at a location
34 outside the boundaries of the municipality, and the gross
35 revenues generated from such sales.
36 (c) For each type of utility service, whether the rates,
37 fees, and charges imposed on customers that received utility
38 service from the municipality at a location outside the
39 boundaries of the municipality were different than the rates,
40 fees, and charges imposed on customers that received utility
41 service from the municipality within the boundaries of the
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1451 (2026)
Amendment No.

42 municipality, and, if so, the amount and percentage of the
43 differential for each customer class for which a differential
44 exists.
45 (d) The percentage of revenues generated from the
46 provision of utility services that were used to fund or finance
47 nonutility government functions or services of the municipality,
48 and the percentage of the municipality’s nonutility budget that
49 was funded by such revenues.
50
51 A municipality that fails to file the report required by this
52 subsection is subject to the penalties provided in s. 366.095.
53 (2) By March 31, 2027, and annually thereafter, the
54 commission shall compile the information provided pursuant to
55 subsection (1) and submit a report containing this information
56 to the Governor, the President of the Senate, and the Speaker of
57 the House of Representatives. In its report, the commission
58 shall identify any issues related to the reporting and
59 collection of information required by this section, identify
60 municipalities that fail to report the required information in
61 whole or in part, and make recommendations as necessary to
62 improve the reporting process and the consistency of information
63 provided by reporting municipalities.
64 (3) This section does not modify or extend the authority

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Page 3 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1451 (2026)
Amendment No.

65 of the commission otherwise provided by law with respect to any
66 municipal utility that is required to comply with subsection
67 (1).
68 Section 4. (1) The subject of a regional utilities
69 authority created by the legislature through charter amendment
70 after January 1, 2023, is expressly preempted to the state.
71 (2) This section shall take effect upon becoming a law.
72 Section 5. Except as otherwise provided in this act and
73 except for this section, which shall take effect upon becoming a
74 law, this act shall take effect July 1, 2027.
75
76 -----------------------------------------------------
77 T I T L E A M E N D M E N T
78 Remove line 24 and insert:
79 providing for state preemption over the subject of
80 certain regional utilities authorities; providing
81 effective dates.

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Page 4 of 4
CS/HB 1461
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 1461 COMPANION BILL: SB 1696 (McClain)
TITLE: Advanced Nuclear Reactors LINKED BILLS: None
SPONSOR(S): Miller and Gentry RELATED BILLS: None
Committee References
Economic Infrastructure Budget Commerce
15 Y, 0 N, As CS  25 Y, 0 N 

SUMMARY
Effect of the Bill:
The bill authorizes the Florida Public Service Commission (PSC) to regulate advanced nuclear reactors (ANRs) and
related nuclear materials, and addresses several areas of state policy related to the promotion and development of
energy resources. Specifically, the bill:
 Requires the PSC to regulate ANRs, the possession and use of nuclear materials, and safety and construction
standards for the development and operation of ANRs.
 Requires the PSC, the Florida Department of Health, and the Florida Department of Environmental
Protection to jointly establish criteria for the certification of laboratories that use nuclear materials for
developing technology for nuclear power plants.
 Authorizes, subject to certain conditions, the possession of nuclear materials for the research, design,
testing, construction, and operation of ANRs.
 Includes the promotion of nuclear resources as a consideration in Florida’s energy policy, electric utility
planning, and the PSC’s determination of need for new electrical power plants.
 Provides that an entity producing electricity from an off-grid ANR for consumption by a single customer is
not considered a public utility subject to the PSC’s jurisdiction.
 Provides that ANRs are not subject to the Power Plant Siting Act, under certain conditions.

Fiscal or Economic Impact:
The bill has a negative impact on state government expenditures. The PSC will be required to expend resources to
implement its new responsibilities under the bill. The PSC will need to create discrete units within the agency,
which may require additional staffing, office space, as well as other additional expenses.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill addresses several areas of state policy related to nuclear energy promotion and development, utility
regulation, and the regulation of nuclear power plants and nuclear materials.

Nuclear Regulation

The bill grants the Florida Public Service Commission (PSC) authority to regulate advanced nuclear reactors
(ANRs) in this state and requires the PSC to do the following, at a minimum:
 Evaluate and approve designs for ANRs.
 Issue permits for the possession, transportation, transfer, and use of nuclear materials in sufficient
quantities to facilitate ANR research, design, testing, construction, and operation.
 Prescribe safety and construction standards for the use of nuclear materials in the development and
operation of ANRs. (Section 1)

STORAGE NAME: h1461d.COM
DATE: 2/20/2026
1
CS/HB 1461
The bill defines the term “advanced nuclear reactor” to mean a nuclear fusion1 reactor, or a nuclear fission2 reactor
that uses new or significantly improved designs compared to commercial nuclear reactors in operation as of
January 1, 2021, including improvements such as:
 Inherent or passive safety features;
 Lower waste yields;
 Improved fuel performance or efficiency;
 Significantly improved designs, materials, fuels, or cooling systems;
 Reduced consumption of cooling water and other environmental impacts; or
 Flexibility in operational output or ability to integrate into electric or nonelectric applications. (Section 1)

The bill requires the PSC, the Florida Department of Health (FDOH), and the Florida Department of Environmental
Protection (FDEP) to jointly establish criteria for the certification of laboratories that use nuclear materials for the
purpose of researching, designing, testing, or otherwise developing technology for nuclear power plants as
provided in the bill. (Section 1)

The bill authorizes a person, corporation, or entity to possess nuclear materials for the research, design, testing,
construction, and operation of ANRs. However, the bill prohibits the possession of nuclear materials in quantities
that pose a danger to national defense and security or public health and safety, except for active military personnel
or contractors acting pursuant to a lawful military order. (Section 1)

The bill requires an ANR research facility operator to obtain a permit from the PSC for the use and storage of
nuclear materials for the purpose of research and testing. The bill also requires a permit for the transfer, receipt,
possession, use, or disposal of nuclear materials relating to the operation of ANRs. Before issuing such permits, the
PSC must determine that the facility or reactor is equipped with radiation control devices that will abate or prevent
radiological contamination in compliance with the standards and rules established under the bill. (Section 1)

The bill requires any construction or significant design modification of an ANR to be certified by the PSC before
such construction or modification may begin. Such construction or significant design modification must include
radiation control devices that will abate or prevent radiological contamination in compliance with the standards
and rules established under the bill. The bill requires the PSC, before issuing such a certification, to consider, at a
minimum, all of the following:
 The extent to which the design will effectively mitigate and prevent danger to the public health and safety.
 The compliance of the design with the safety standards prescribed by the commission.
 The ability of the design to address known or reasonably foreseeable risks, including system failures,
accidents, natural disasters, and extreme weather events.
 The completeness and accuracy of engineering calculations and testing data for the design.
 The ability of the design to promote the efficient and sustainable use of water and other natural resources.
(Section 1)

The bill provides that the PSC may grant a reciprocal permit or certification to applicants who receive a permit or
certification from another state or federal agency, provided the safety standards of the other jurisdiction are no
less stringent than the standards and rules established under the bill. (Section 1)

The bill establishes a civil penalty of up to $100,000 per day for any violation of the provisions of the bill or rules
adopted under the bill, with a maximum penalty of $1 million for any related series of violations. (Section 1)

1 “Fusion” occurs when two atoms slam together to form a heavier atom, like when two hydrogen atoms fuse to form one

helium atom, creating huge amounts of energy without producing highly radioactive byproducts. See U.S. Dep’t of Energy
(USDOE), Fission and Fusion: What is the Difference?, https://www.energy.gov/ne/articles/fission-and-fusion-what-difference
(last visited Jan. 26, 2026).
2 “Fission” occurs when a neutron collides with a larger atom, forcing it to excite and split into two smaller atoms, releasing a

tremendous about of energy. Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1461
The bill requires the PSC, after consultation with FDOH and FDEP, to adopt rules to implement the provisions of the
bill related to the regulation of nuclear material and certification of nuclear facilities. In developing the rules, the
PSC must refer to the provisions of law and agency rules adopted under ch. 403, part II, F.S., which includes the
Florida Electrical Power Plant Siting Act (PPSA),3 the Florida Electric Transmission Siting Act,4 and the PSC’s
determination of need for electrical power plants.5 (Section 1)

Energy Policy and Utility Regulation

Energy Policy
The bill amends Florida’s state energy policy6 to provide that it is the state’s policy to encourage the research,
development, demonstration, and application of domestic advanced nuclear energy resources. (Section 5)

The bill further provides that it is the intent of the Legislature to promote the development of clean energy and
protect the economic viability of Florida’s existing clean energy and protect the economic viability of Florida’s
existing clean energy facilities. The bill defines “clean energy” to mean energy produced by nuclear reactors as well
as renewable energy and renewable natural gas. The bill also requires all electric utilities to develop standards for
the promotion, encouragement, and expansion of the use of clean energy resources, and to file an annual report
with the PSC identifying such standards. (Section 4)

Ten-year Site Plans
The bill requires the PSC, in reviewing whether a utility’s ten-year site plan is suitable, to consider:
 The amount of nuclear energy resources the utility produces or purchases.
 The amount of nuclear energy resources the utility plans to produce or purchase over the 10-year planning
horizon and the means by which the production or purchases will be achieved. (Section 2)

Utility Regulation
The bill provides that an entity other than an electric utility7 that produces electricity from an ANR is not
considered a public utility subject to the ratemaking jurisdiction and monopoly territory protection of the PSC,
provided that the ANR:
 Is not interconnected to the state’s electrical power grid.
 Produces electricity for consumption by a single consumer. (Section 3)

Power Plant Siting

The bill provides that the PPSA does not apply to the following, unless the applicant elects to apply for certification
under the act:
 Capacity expansions of 75 megawatts or less, in the aggregate, of one or more ANRs installed within the
boundaries of an electrical power plant site previously certified under the act.
 One or more ANRs to be located within the boundaries of an electrical power plant site previously certified
under this act, provided that:
o The ANR or ANRs are intended to replace an existing electrical power plant located on the site.
o The certificate holder intends to retire the existing electrical power plant from service.
o The gross capacity of the ANR or ANRs, in the aggregate, does not exceed the gross capacity of the
electrical power plant to be retired.

3 Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act.”
4 Ss. 403.52-403.5365, F.S., are known collectively as the “Florida Electric Transmission Line Siting Act.”
5 Ss. 403.519 and 403.537, F.S., address the PSC’s determination of need for electrical power plants and electric transmission

lines, respectively.
6 S. 377.601, F.S.
7 Florida law defines the term “electric utility” to mean any municipal electric utility, investor-owned electric utility, or rural

electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the
state. S. 366.02(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/HB 1461
 One or more ANRs that are not interconnected to the state's electrical power grid and that are owned by a
non-utility entity for purposes of producing power for its own consumption or for use by a single consumer
of electrical power. (Section 6)

The bill requires the PSC, in making a determination of need for an electrical power plant subject to the PPSA, to
take into account whether nuclear resources are used to the extent available. The bill removes the requirement
that the PSC take into consideration the use of renewable energy resources and technologies. (Section 7)

Effective Date

The bill provides an effective date of July 1, 2026. (Section 8)

RULEMAKING:
The bill requires the PSC, FDOH, and FDEP to jointly establish criteria for the certification of laboratories that use
nuclear materials for the purpose of researching, designing, testing, or otherwise developing technology for
nuclear power plants as provided in the bill.

The bill requires the PSC to adopt rules to implement the provisions of the bill related to the regulation of nuclear
material and certification of nuclear facilities.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill has a negative impact on state government expenditures. The PSC will be required to expend resources to
implement its new responsibilities under the bill. The PSC would assume responsibilities that will necessitate the
creation of discrete units within the agency to accommodate these new responsibilities, and the recruitment of
staff with the requisite training and necessary experience. The PSC estimates it will need 83 additional staff (73
Technical staff) over the course of several years. In fiscal year 2026-2027, the PSC estimates they will need 17
additional staff to begin rulemaking and infrastructure planning, as well as expenses needed to facilitate
inspections of the advanced nuclear reactor facilities. The PSC also estimates a need for 4 regional office spaces,
and additional vehicles equipped with standard safety features and necessary equipment to support field
operations. The recurring and nonrecurring funding need by fiscal year is:

Recurring Non-Recurring Total
FY 2026-27 $ 3,662,273 $ 236,0 15 $ 3,898,288
FY 2027-28 $ 3,654,991 $ 851,655 $ 4,506,646
FY 2028-29 $ 2,011,063 $ 373,804 $ 2,384,867
FY 2029-30 $ 4,481,895 $ 1,214,973 $ 5,696,868
8

PRIVATE SECTOR:
The bill may encourage the development of new ANRs in Florida.

8 Public Service Commission, pgs. 7-9, 2026 Agency Legislative Bill Analysis for HB 1461 (2026), On file with the Health Care Budget

Subcommittee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/HB 1461
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Regulation of Nuclear Energy and Nuclear Material

Nuclear Regulation in the US
The United States federal government maintained a complete monopoly on the use, control, and ownership of
nuclear technology until 1954 when, through passage of the Atomic Energy Act of 1954 (AEA), it authorized
private development of nuclear technology for peaceful purposes, such as nuclear power for generating electricity.9
In the AEA, Congress declared that the development, use, and control of atomic energy shall be directed toward
two primary purposes: first, “to make the maximum contribution to the general welfare, subject at all times to the
paramount objective of making the maximum contribution to the common defense”; and second, “to promote
world peace, improve the general welfare, increase the standard of living, and strengthen free competition in
private enterprise and security.”10

The AEA created the Atomic Energy Commission (AEC), which exercised exclusive jurisdiction over the license,
transfer, delivery, acquisition, possession, and use of all nuclear materials, but left to the states the established
jurisdiction over the generation, sale, or transmission of electric power.11

In 1959, Congress amended the AEA to expand state-level jurisdiction over certain nuclear materials and nuclear
power.12 Under the amended AEA, the AEC could enter into agreements with states to relinquish regulatory
authority over certain nuclear materials not capable of creating, and materials not in quantities sufficient to create,
a nuclear chain reaction.13 Agreement States14 were permitted to assert increased regulatory authority in limited
circumstances and with permission from the AEC. However, the amended AEA explicitly retained to the AEC
jurisdiction over the construction and operation of nuclear power plants as well as the disposal of certain nuclear
materials deemed by the AEC potentially hazardous.15 Additionally, the AEA continued to allow states to regulate
power generation and activities for purposes other than protection against radiation hazards.16

U.S. Nuclear Regulatory Commission (NRC)
In 1974, the AEC was replaced by its successor agency, the U.S. Nuclear Regulatory Commission (NRC).17 The NRC
is tasked to ensure the safe use of radioactive materials for beneficial civilian purposes while protecting people and
the environment.18 Its mission is to protect public health and safety and advance the nation’s common defense and
security by enabling the safe and secure use and deployment of civilian nuclear energy technologies and

9 Jason O. Heflin, Congressional Research Service (CRS), State Authority to Regulate Nuclear Power: Federal Preemption Under

the Atomic Energy Act (AEA), Nov. 1, 2023, at page 4, available at
https://www.congress.gov/crs_external_products/R/PDF/R41984/R41984.7.pdf (last visited Jan. 24, 2026).
10 See Atomic Energy Act of 1954, 42 U.S.C. § 2011, et seq. (2024).
11 Id.
12 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page

4.
13Id.
14 States that enter an agreement under the AEA to take regulatory jurisdiction over certain nuclear materials are known as

“Agreement States.” Florida law defines the term “agreement state” in s. 404.031(2), F.S., to mean any state which has
consummated an agreement with the NRC under the authority of s. 274 of the Atomic Energy Act of 1954, as amended, as
authorized by compatible state legislation providing for acceptance by that state of licensing authority for agreement materials
and the discontinuance of such activities by the NRC.
15 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page

5.
16 Id.
17 Nuclear Regulatory Commission (NRC), About NRC, https://www.nrc.gov/about-nrc (last visited Jan. 24, 2026).
18 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1461
radioactive materials through efficient and reliable licensing, oversight, and regulation for the benefit of society
and the environment.19 The NRC’s regulatory jurisdiction extends to three primary areas:
 Reactors: Commercial nuclear power plants for generating electric power and research and test reactors
used for research, testing, and training.
 Materials: Uses of nuclear material in medical, industrial, and academic settings and facilities that produce
nuclear fuel.
 Waste: Transportation, storage, and disposal of nuclear materials and waste, and decommissioning of
nuclear facilities from service.20

The NRC’s primary responsibility is to protect the health and safety of the public.21 Its regulatory functions include
establishing standards and regulations, issuing licenses for nuclear facilities and users of nuclear materials, and
inspecting facilities and users of nuclear materials to ensure compliance with its requirements.22

Nuclear Materials
The AEA distinguishes between different categories of nuclear material for regulatory purposes, including special
nuclear material, source material, byproduct material, and radium. Congress included in the AEA a clause that
states:

Source and special nuclear material, production facilities, and utilization facilities are affected with
the public interest, and regulation by the United States of the production and utilization of atomic
energy and of the facilities used in connection therewith is necessary in the national interest to
assure the common defense and security and to protect the health and safety of the public.23

Special nuclear material (SNM) includes plutonium, uranium-233, and uranium enriched in the isotopes uranium-
233 or uranium-235.24 SNMs do not occur naturally but are produced by the irradiation of certain nuclear material
in nuclear reactors and could be extracted from used nuclear fuel by chemical separation.25 SNM is only mildly
radioactive, but it includes certain isotopes that, in concentrated form, could be used as the primary ingredients of
nuclear explosives. These materials, in amounts greater than formula quantities, are defined as "strategic special
nuclear material" (SSNM).26

Source material includes most uranium and thorium ores and product resulting from the mining and milling
processes.27 Source material can also be generated as a side product during the refining of ores mined for other
precious metals.28 Source material is used for a variety of private commercial applications, including as fuel for
nuclear reactors, production of metals used to make capacitors for electronic devices, and the manufacture of
certain industrial and military products.29 One source material, natural uranium, contains uranium-235, a material
that can be concentrated (enriched) to make highly enriched uranium, the primary ingredient of some nuclear
explosive designs.30

19 Id.
20 Id.
21 NRC, NRC—Independent Regulator of Nuclear Safety, https://www.nrc.gov/reading-rm/doc-

collections/nuregs/brochures/br0164/index (last visited Jan 24, 2026).
22 Id.
23 NRC, Special Nuclear Material, https://www.nrc.gov/materials/types/sp-nucmaterials (last visited Jan. 24, 2026).
24 Id.
25 Id.
26 Id.
27 NRC, Source Material, https://www.nrc.gov/materials/types/srcmaterial (last visited Jan. 24, 2026).
28 Id.
29 Id.
30 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1461
Byproduct materials include various materials, some of which are regulated and some exempt from regulation, and
can be used for a variety of applications, including commercial, medical, and research activity.31 Under the AEA,
Agreement States can exercise regulatory authority over byproduct material, but the NRC retains authority in
other states.32

NRC Agreement State Program
The AEA allows states to establish regulatory programs to assume authority to license and regulate byproduct
materials (radioisotopes), source materials (uranium and thorium), and certain quantities of special nuclear
materials.33 To transfer authority to a state, the AEA requires an agreement signed by the Governor of the state and
the Chairman of the NRC.34

As part of its regulatory oversight of Agreement States, the NRC conducts training courses and workshops,
evaluates technical licensing and inspection issues, evaluates state rule changes, and provides early and
substantive involvement of the states in NRC rulemaking and other regulatory efforts.35 The NRC also coordinates
with Agreement States the reporting of event information and responses to allegations reported to NRC involving
Agreement States.36

Florida became an Agreement State in 1964.37 The FDOH’s Bureau of Radiation Control is the primary state office
that administers the Agreement State program in Florida and oversees the licensing and control of nuclear
materials and facilities.38 The Florida Division of Emergency Management implements NRC directives with respect
to radiological emergencies.39 In its last periodic review of Florida’s Agreement State program, the NRC found
Florida’s performance to be adequate to protect public health and safety but not compatible with the NRC’s
program due in part to delayed implementation of recent NRC requirements.40

Recent Federal Activity to Promote Nuclear Energy
More recently, the AEA was amended again in 2024 when Congress passed the “Accelerating Deployment of
Versatile, Advanced Nuclear for Clean Energy Act of 2024,” also known as the “ADVANCE Act.”41 The ADVANCE Act
revised the NRC’s mission and responsibilities to prioritize regulatory efficiency and to support the development of
nuclear energy in several ways, including decreasing licensing application fees for advanced reactors, increasing
staffing for NRC reviews, providing for prize awards for deployment, and eliminating costs associated with pre-

31 NRC, Byproduct Material, https://www.nrc.gov/materials/types/byproduct-mat (last visited Jan. 24, 2026).
32 Id.
33 NRC, Agreement State Program, https://www.nrc.gov/about-nrc/state-tribal/agreement-states (last visited Jan. 24, 2026).
34 Id.
35 Id.
36 Id.
37 See U.S. Atomic Energy Commission, Agreement Between the Atomic Energy Commission and the State of Florida,

Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the State, available at
https://bmswnrcgovsamediaprd.blob.core.windows.net/prd/libraries/media/nrcweb/nmss/pdf/flagreements.pdf (last
visited Jan, 24, 2026); see also s. 404.061(1), F.S. (authorizing the Governor to enter into agreements with the Federal
Government which provide for the assumption by certain responsibilities with respect to sources of ionizing radiation).
38 NRC, Florida: Agreement State Information, https://www.nrc.gov/agreement-states/florida (last visited Jan. 26, 2026).
39 S. 252.60, F.S.
40 NRC, Integrated Materials Performance Evaluation Program Review of the Florida Agreement State Program: Final Report,

June 12-16, 2023, available at https://www.nrc.gov/docs/ML2328/ML23289A168.pdf (last visited Jan. 26, 2026). In its
review, the NRC found Florida’s performance satisfactory for Technical Staffing and Training, Status of Materials Inspection
Program, Technical Quality of Inspections, Technical Quality of Licensing Actions, Technical Quality of Incidents and Allegation
Activities, and Sealed Source and Device Evaluation; but found it unsatisfactory for Legislation, Regulations, and other
Program Elements.
41 Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, Pub. L. No. 118-67, 118th Cong. (July

9, 2024).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/HB 1461
application activities and early site permits at U.S. Department of Energy (USDOE) sites.42 The ADVANCE Act also
requires 25-month deadlines for NRC license issuance after receiving an application, requires the NRC to develop
guidance to license and regulate microreactor designs, and increases permitting speed for certain sites.43

In 2025, President Donald J. Trump issued Executive Orders directed toward reforming nuclear energy policy on
the federal level:
 Executive Order 14299: Deploying Advanced Nuclear Reactor Technologies for National Security:
o This order established a comprehensive national security policy focused on accelerating the
development, deployment, and export of U.S.-designed advanced nuclear technologies. The policy
aims to ensure rapid development and deployment of advanced nuclear technologies to support
national security objectives, enable private sector investment and innovation, and coordinate
regulatory efforts across the U.S. Department of War and the USDOE.
 Executive Order 14300: Ordering the Reform of the Nuclear Regulatory Commission:
o This order initiated a comprehensive reform of the NRC with a goal of deploying new nuclear
reactor technologies and expanding U.S. nuclear energy capacity from approximately 100 GW in
2024 to 400 GW by 2050. The order directed the NRC to undergo significant structural and
operational reforms, including reorganization, potential reductions in its workforce, and a
wholesale revision of regulations and guidance documents to be completed by November of 2026.
The order redefined the NRC's mission to include facilitating nuclear power while ensuring reactor
safety and required the NRC to consider the benefits of nuclear power to economic and national
security alongside traditional safety, health, and environmental considerations.
 Executive Order 14301: Reforming Nuclear Reactor Testing at the Department of Energy:
o This order sought to reform nuclear reactor testing at the USDOE and accelerate the development
of advanced nuclear technologies for domestic production. The order established a comprehensive
framework to expedite the review, approval, and deployment of advanced reactors within the
USDOE's jurisdiction. The order also mandated environmental review reforms under the National
Environmental Policy Act (NEPA) and directed the use of all available authorities to eliminate or
expedite environmental reviews for various permits and approvals.
 Executive Order 14302: Reinvigorating the Nuclear Industrial Base:
o This order aimed to reinvigorate America's nuclear energy industrial base in an effort to ensure
national and economic security. The order established a comprehensive policy to expedite and
promote nuclear energy production and operation to provide affordable, reliable, safe, and secure
energy to the American people. It also aimed to power ANR technologies and build associated
supply chains that secure global industrial and digital dominance, while achieving energy
independence. The order required the U.S. Secretary of Energy to develop plans for expanding
domestic uranium conversion and enrichment capabilities and prioritized work with the nuclear
industry to facilitate 5 gigawatts of power uprates to existing reactors and have 10 new large
reactors under construction by 2030.44

Preemption in Nuclear Regulation

The legal doctrine of preemption is derived from the constitutional principle that federal law takes precedence
over inconsistent state law. The “Supremacy Clause” of the U.S. Constitution states: “[t]his Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made,

42 PSC, Advanced Nuclear Power Feasibility Report, Mar. 31, 2025, at page 47, available at

https://www.floridapsc.com/pscfiles/website-
files//PDF/Home/Advanced%20Nuclear%20Power%20Feasibility%20Report.pdf (last visited Jan. 26, 2026).
43 Id.
44 PSC, Advanced Nuclear Update, at pages 1-2, available at https://www.floridapsc.com/pscfiles/website-

files//PDF/Home/AdvancedNuclearUpdate.pdf (last visited Jan. 16, 2026). See also The White House, Executive Orders,
https://www.whitehouse.gov/presidential-actions/executive-orders (last visited Jan. 26, 2026).
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under the Authority of the United States, shall be the supreme Law of the Land.”45 Thus, a federal law will prevail
over an inconsistent state law. However, a state law need not be utterly incompatible with federal law in order to
be preempted.46 Courts interpret the Supremacy Clause to conclude that where Congress has expressed an intent to
displace state authority within a given subject matter by establishing exclusive federal authority, state action in the
field is thereby preempted.47

While courts have recognized the AEA to grant the NRC exclusive authority over radiological safety related to the
construction and operation of nuclear power plants, the precise extent of preemption over state law is unclear.48
Some states have sought to assert authority over nuclear power production by directing laws at the initial
determination of whether a need for nuclear power exists or whether nuclear power is economically feasible.49

Texas, et al. v. NRC
One recent attempt to clarify the precise boundary of federal-state authority is a lawsuit50 filed on December 30,
2024, against the NRC by various states and private industry entities.51 The state of Florida joined the lawsuit on
April 7, 2025.52 The lawsuit alleges that certain ANRs fall outside the scope of the NRC’s original authority, and that
by requiring smaller, less hazardous reactors to comply with the same regulations as traditional reactors, the NRC
has overstepped its jurisdiction.53 After issuance of the Trump administration’s executive orders supporting
nuclear energy, the court granted a stay to permit the parties to discuss a potential path forward without further
litigation.54 That case is still pending.

Advanced Nuclear Reactors (ANRs)

An advanced nuclear reactor (ANR) is a term that describes a category of nuclear technology that maintains the
benefits of existing technology while offering improved safety, scaling, and output features, as well as increased
industrial applications and additional use cases.55

ANR designs seek to use combinations of new and existing technologies and materials to improve upon earlier
generations of nuclear reactors in one or more of the following areas: cost, safety, security, waste management, and
versatility.56 To achieve these improvements, advanced designs may incorporate one or more of the following
characteristics: inherent or passive safety features, simplified or modular designs, enhanced load-following
capabilities, high-temperature stability, fast neutron spectrums, and “closed” fuel cycles.57 ANRs also fall under sub-
categories based on their output capacity:
 Microreactor: < 50 Megawatts (MW)
 Small (SMR): 50-300 MW
 Medium: 300-600 MW
 Large: >600 MW58

45 U.S. Const. art. VI, cl. 2.
46 CRS, State Authority to Regulate Nuclear Power: Federal Preemption Under the Atomic Energy Act (AEA), supra note 8, at page

2.
47 Id.
48 Id. at 12.
49 Id.
50 Texas v. NRC, Case No. 6:24-cv-00507-JDK (E.D. Tex.).
51 PSC, Advanced Nuclear Update, supra note 43, at page 8.
52 Id. at 9.
53 Id. at 8-9.
54 Id.
55 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 19.
56 CRS, Advanced Nuclear Reactors: Technology Overview and Current Issues, Feb. 17, 2023, at page 7, available at

https://www.congress.gov/crs_external_products/R/PDF/R45706/R45706.7.pdf (last visited Jan. 16, 2026).
57 Id.
58 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 19.

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Some ANRs have standardized or modular designs and are commonly referred to as small modular reactors
(SMRs). SMRs can be factory built, have a smaller site footprint once installed, and can be incrementally scaled by
installing additional units in sequence.59 While a number of SMRs are in the process of seeking certification, the
NRC has approved only one SMR design, the NuScale Power Module, which was approved by the NRC in 2023.60

Currently, there are three large ANR designs certified by the NRC: Korea Electric Power Corporation’s Advanced
Power Reactor 1400 (APR1400), GE Hitachi’s Economic Simplified Boiling Water Reactor (BWR), and
Westinghouse’s AP1000.61 The AP1000 is the only large ANR presently in commercial service in the U.S., located at
Plant Vogtle in Georgia.62

Florida Public Service Commission (PSC)

The Florida Public Service Commission (PSC) is an arm of the legislative branch of government.63 The role of the
PSC is to ensure Florida’s consumers receive utility services, including electric, natural gas, telephone, water, and
wastewater, in a safe and reliable manner and at fair prices.64 The PSC exercises regulatory authority over utilities
in the following areas: rate base or economic regulation; competitive market oversight; and monitoring of safety,
reliability, and service issues.65 In carrying out its duties, the PSC sets rates and charges for investor-owned
electric, natural gas, water, and wastewater utilities;66 approves territorial agreements and resolves service area
disputes among electric and natural gas utilities;67 certifies service areas for water and wastewater utilities;68 and
oversees carrier-to-carrier relationships and related interconnection agreements to prevent anticompetitive
behavior in the telecommunications sector.69 In 2024, the PSC regulated four investor-owned electric companies,
five investor-owned natural gas utilities, and 153 investor-owned water and wastewater utilities, and exercised
competitive market oversight over 276 telecommunications companies operating in the state.70

The PSC consists of five Commissioners selected for their knowledge and competence in one or more fields
substantially related to the duties and functions of the PSC, including economics, accounting, engineering, finance,
natural resource conservation, energy, public affairs, and law.71 Assisting the Commissioners in evaluating
petitions and proceedings before it, the PSC has a staff comprised of various divisions with particular areas of
expertise, including engineering, economics, accounting and finance, and law.72

The PSC’s operations are funded through the Florida Public Service Regulatory Trust Fund, and each utility
regulated by the PSC is required to pay a regulatory assessment fee twice a year that, to the extent practicable, is

59 See, e.g., NuScale, NuScale Power Module, https://www.nuscalepower.com/products/nuscale-power-module (last visited

Jan. 26, 2026).
60 USDOE, NRC Certifies First U.S. Small Modular Reactor Design, Jan. 20, 2023, https://www.energy.gov/ne/articles/nrc-

certifies-first-us-small-modular-reactor-design (last visited Jan. 26, 2026).
61 PSC, Advanced Nuclear Power Feasibility Report, supra note 41, at page 21.
62 Id.
63 S. 350.001, F.S.
64 See PSC, PSC Homepage, http://www.psc.state.fl.us (last visited Jan. 26, 2026).
65 PSC, About the PSC, https://www.psc.state.fl.us/about (last visited Jan. 26, 2026).
66 Ss. 366.04(2)(b), 366.06(1), 367.011(2), and 367.081(1), F.S.
67 S. 366.04(2)(d)-(e) and (3)(a)-(b), F.S.
68 Ss. 367.031 and 367.045, F.S.
69 See s. 364.16, F.S.
70 PSC, About the PSC, supra note 64. While the PSC does not fully regulate publicly owned municipal or cooperative utilities, it

retains limited jurisdiction, including territorial boundaries, over 35 municipally owned electric systems, 18 rural electric
cooperatives, 27 municipally owned natural gas utilities, and 4 gas districts, and exercises statewide safety authority over all
electric and natural gas systems.
71 Ss. 350.01, 350.031, F.S.
72 PSC, About the PSC, supra note 64.

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related to the PSC’s cost of regulating that type of company.73 While the PSC’s budget is set annually by the
Legislature, the PSC does not receive any funding from the General Revenue Fund.74

Florida Department of Health (FDOH)

The Florida Department of Health (FDOH) was created for the purpose of protecting and promoting the health of
all residents and visitors in the state through organized state and community efforts.75 FDOH’s primary tasks are
to:
 Identify, diagnose, and conduct surveillance of diseases and health conditions in the state and accumulate
the health statistics necessary to establish trends.
 Implement interventions that prevent or limit the impact or spread of diseases and health conditions.
 Collect, manage, and analyze vital statistics and other health data to inform the public and formulate public
health policy and planning.
 Maintain and coordinate preparedness for and responses to public health emergencies in the state.
 Provide or ensure the provision of quality health care and related services to identified populations in the
state.
 Regulate environmental activities that have a direct impact on public health in the state.
 Regulate health practitioners for the preservation of the health, safety, and welfare of the public.76

Bureau of Radiation Control
FDOH’s Bureau of Radiation Control (BRC) is the primary state office that administers the NRC’s Agreement State
program in Florida to oversee the licensing and regulation of radioactive materials users.77 The program is
authorized under ch. 404, F.S., known as the Florida Radiation Protection Act.78 The BRC’s program licenses more
than 1,800 users, including hospitals, universities, industrial facilities, doctors, roofing companies, a food
irradiator, and a medical product irradiator.79 The radioactive material employed by these users may be contained
in a medical pharmaceutical or inside an industrial device such as a moisture density gauge or a static eliminator.
The licenses are dynamic documents that may be amended to accommodate the licensees’ needs and industry’s
changing needs in the use of radioactive materials, and each year the BRC issues over 2,100 license amendments or
changes requested by licensees.80

Each materials license is valid for five years. Program staff inspects each licensee periodically from every six
months to every five years depending on the type of license. During the inspection, which may take 100 hours or
more at a large facility, the inspector takes direct radiation readings and interviews and observes personnel. The
inspector also reviews records, and if necessary, collects samples from equipment surfaces and the general
environment which are later analyzed for contamination at FDOH’s radiation laboratory.81

Florida Department of Environmental Protection (FDEP)

The Florida Department of Environmental Protection (FDEP) is the state agency tasked with environmental
management and stewardship and with protecting the state’s air, water, and land.82 FDEP’s work is divided into
three primary areas:

73 S. 350.113, F.S.; see also, e.g., s. 366.14, F.S.
74 Senate Regulated Industries Committee, Bill Analysis for SB 1312 (2023), Mar. 30, 2023, available at

https://flsenate.gov/Session/Bill/2023/1312/Analyses/2023s01312.ri.PDF (last visited Jan. 26, 2026).
75 S. 20.43, F.S.
76 S. 20.43(1), F.S.
77 NRC, Florida: Agreement State Information, https://www.nrc.gov/agreement-states/florida (last visited Jan. 26, 2026).
78 Ss. 404.022(1), 404.062, F.S.
79 FDOH, Radioactive Materials, https://www.floridahealth.gov/licensing-regulations/radiation-control/radioactive-

materials/ (last visited Jan. 26, 2026).
80 Id.
81 Id.
82 FDEP, About DEP, https://floridadep.gov/sec/sec/content/about-dep (last visited Jan. 26, 2026).

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 Land and Recreation: FDEP acquires and protects lands for preservation and recreation, overseeing 175
state parks and trails and more than 12 million acres of public lands and 4 million acres of coastal uplands
and submerged lands.
 Regulatory: FDEP safeguards natural resources by overseeing permitting and compliance activities that
protect air and water quality, and FDEP manages waste cleanups.
 Ecosystems Restoration: FDEP protects and improves Florida’s water quality and aquatic resources,
working with communities, local governments, and other agencies to protect and restore water quality and
supply and to provide funding assistance for water restoration and infrastructure projects, and FDEP
coordinates the protection of Florida’s submerged lands and coastal areas.83

FDEP is also responsible for collecting and analyzing information concerning energy resources in this state; for
coordinating the energy conservation programs of state agencies; and for coordinating the development, review,
and implementation of the state’s energy policy.84

Florida Energy Policy & Utility Regulation

Public Utilities
In Florida, the term “public utility” means every person, corporation, partnership, association, or other legal entity
supplying electricity or gas to or for the public within the state.85 However, the term does not include rural electric
cooperatives, municipally owned utilities, or certain other specified entities.86 The PSC has jurisdiction to regulate
and supervise each public utility in the state with respect to its rates and service.87 Public utilities in Florida may
not charge or receive any rate not approved by the PSC.88

The Florida Supreme Court has, in interpreting the definition of “public utility,” held that the sale of electricity to a
single customer makes the provider a public utility under Florida law.89

Energy Policy
The state’s energy policy is codified in s. 377.601, F.S., and was last revised in 2024.90 The purpose of the policy is
to ensure an adequate, reliable, and cost-effective supply of energy for the state in a manner that promotes the
health and welfare of the public and economic growth.91 The Legislature requires that the state’s energy policy
must be guided by the following goals:
 Ensuring a cost-effective and affordable energy supply.
 Ensuring adequate supply and capacity.
 Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse supply of domestic
energy resources.
 Protecting public safety.
 Protecting the state’s natural resources, including its coastlines, tributaries, and waterways.
 Supporting economic growth.92

To further those goals, it is the state’s policy to:
 Promote the cost-effective development and use of a diverse supply of domestic energy resources in the
state and discourage energy waste.

83 Id.
84 S. 20.255(7), F.S.
85 S. 366.02(8), F.S.
86 Id.
87 S. 366.04(1), F.S.
88 S. 366.06(1), F.S.
89 PW Ventures, Inc. v. Nichols, 533 So. 2d 281, 282-84 (Fla. 1988) (interpreting the phrase “to the public”).
90 Ch. 2024-186, Laws of Fla.
91 S. 377.601(1), F.S.
92 S. 377.601(2), F.S.

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 Promote the cost-effective development and maintenance of energy infrastructure that is resilient to
natural and manmade threats to the security and reliability of the state’s energy supply.
 Reduce reliance on foreign energy resources.
 Include energy reliability and security considerations in all state, regional, and local planning.
 Utilize and manage effectively energy resources used within state agencies.
 Encourage local governments to include energy considerations in all planning and to support their work in
promoting energy management programs.
 Include the full participation of citizens in the development and implementation of energy programs.
 Consider in its decisions the energy needs of each economic sector, including residential, industrial,
commercial, agricultural, and governmental uses, and reduce those needs whenever possible.
 Promote energy education and the public dissemination of information on energy and its impacts in
relation to the goals.
 Encourage the research, development, demonstration, and application of domestic energy resources,
including the use of renewable energy resources.
 Consider, in its decisionmaking, the impacts of energy-related activities on the goals, including the whole-
life-cycle impacts of any potential energy use choices, so that detrimental effects of these activities are
understood and minimized.
 Develop and maintain energy emergency preparedness plans to minimize the effects of an energy shortage
within this state.93

Florida law also states that it is in the public interest to promote the development of renewable energy resources
in this state, and that renewable energy resources have the potential to help diversify fuel types to meet Florida’s
growing dependency on natural gas for electric production, minimize the volatility of fuel costs, encourage
investment within the state, improve environmental conditions, and make Florida a leader in new and innovative
technologies.94 Each public utility in Florida, as well as certain municipal electric utilities and rural electric
cooperatives, must continuously offer a purchase contract to producers of renewable energy based on the utility’s
full avoided costs.95 Such utilities must also offer standardized interconnection agreements and net-metering
programs for customer-owned renewable generation, subject to certain requirements.96 However, Florida law
requires the contracting producer of renewable energy to pay the actual costs of its interconnection with the
transmission grid or distribution system.97

Florida’s Energy Mix
As of 2023, approximately 73% of Florida’s electricity generation comes from natural gas power plants, 11%
comes from nuclear power plants, and approximately 7% comes from renewable energy sources.98 Florida
currently has four nuclear reactors in operation generating electricity, located at Turkey Point and St. Lucie, with
all four reactors owned and operated by Florida Power & Light Company.99 Florida’s natural gas power plants are
supplied by five interstate pipelines that deliver gas across the state.100

93 S. 377.601(3), F.S.
94 S. 366.91(1), F.S.
95 S. 366.91(3)-(4), F.S. The term “full avoided costs” is defined in s. 366.051, F.S., for regulated electric utilities to mean the

incremental costs to the utility of the electric energy or capacity, or both, which, but for the purchase, such utility would
generate itself or purchase from another source.
96 S. 366.91(5)-(6), F.S.
97 S. 366.91(8), F.S.
98 PSC, Facts and Figures of the Florida Utility Industry, 2025, at page 2, available at

https://www.floridapsc.com/pscfiles/website-files/PDF/Publications/Reports/General/FactsAndFigures/April%202025.pdf
(last visited Jan. 16, 2026).
99 Id. at 7.
100 Id. at 18.

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Ten-Year Site Plans
Each electric utility in Florida that generates electricity is required to annually submit to the PSC a Ten-year Site
Plan (TYSP) to estimate the utility’s power generating needs and the general location of its proposed power plant
sites over a 10-year planning horizon.101 A utility’s TYSP is the culmination of a process known as integrated
resource planning (IRP), in which the utility considers its forecasted load, conducts a reliability analysis, and
evaluates a cost-effective combination of demand-side resources and supply-side resources.102

The PSC reviews each TYSP and is required to classify each plan as “suitable” or “unsuitable.”103 The PSC’s annual
review of utility TYSPs is non-binding, and each TYSP is considered tentative information for planning purposes
only, but it does provide state, regional, and local agencies advance notice of proposed power plants and
transmission facilities.104 In its preliminary study of the TYSPs, the PSC must consider:
 The need, including the need as determined by the PSC, for electrical power in the area to be served.
 The effect on fuel diversity within the state.
 The anticipated environmental impact of each proposed electrical power plant site.
 Possible alternatives to the proposed plan.
 The views of appropriate local, state, and federal agencies, including the views of the appropriate water
management to the availability of water and its recommendation as to the use by the proposed plant of salt
water or fresh water for cooling purposes.
 The extent to which the plan is consistent with the state comprehensive plan.
 The plan with respect to the information of the state on energy availability and consumption.
 The amount of renewable energy resources the utility produces or purchases.
 The amount of renewable energy resources the utility plans to produce or purchase over the ten-year
planning horizon and the means by which the production or purchases will be achieved.
 A statement describing how the production and purchase of renewable energy resources impact the
utility’s present and future capacity and energy needs.105

Any concerns identified during the review of the utilities’ TYSPs may be addressed by the PSC at a formal public
hearing, such as a power plant need determination proceeding.106 After its review of the TYSPs, the PSC makes all
of its findings available to FDEP for its consideration at any subsequent site certification proceeding under the
PPSA or the Florida Electric Transmission Line Siting Act.107 The PSC also provides a copy to the Florida
Department of Agriculture and Consumer Services as part of its report on electricity and natural gas forecasts.108

Florida Power Plant Siting Act (PPSA)
The Power Plant Siting Act (PPSA)109 is the state's centralized process for licensing large power plants.110 A
certification under the PPSA replaces all local and state permits, but local governments within whose jurisdiction
the power plant is to be built, as well as state agencies whose regulatory authority is implicated by the plant,
participate in the process. Certification addresses permitting, land use and zoning, and property interests. A
certification grants approval for the location of the power plant and its associated facilities such as a natural gas
pipeline supplying the plant's fuel, rail lines for bringing coal to the site, and roadways and electrical transmission

101 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, at page 1,

https://www.floridapsc.com/pscfiles/website-files/PDF/Utilities/Electricgas/TenYearSitePlans//2025/Review.pdf (last
visited Jan. 26, 2026); R. 25-6.071, F.A.C.
102 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 1.
103 Id.
104 Id.; s. 186.801(2), F.S.
105 S. 186.801(2), F.S.
106 PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 1.
107 S. 186.801(2), F.S. Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act,” and ss.

403.52-403.5365, F.S., are known collectively as the “Florida Electric Transmission Line Siting Act.”
108 S. 377.703(2)(e), F.S.; PSC, Review of the 2025 Ten Year Site Plans of Florida’s Electric Utilities, supra note 100, at page 2.
109 Ss. 403.501-403.518, F.S., are known collectively as the “Florida Electrical Power Plant Siting Act.”
110 FDEP, Power Plant Siting Act, https://floridadep.gov/water/siting-coordination-office/content/power-plant-siting-act (last

visited Jan. 26, 2026).
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lines carrying power to the electrical grid, among others.111 A PPSA certification is issued by the Siting Board,
comprised of the Governor and the Cabinet, or, in uncontested cases, by FDEP.112 The PPSA applies to all steam or
solar electrical power plants that generate 75 MW or more, but power plants that generate less than 75 MW may
elect to apply for certification under the PPSA.113

PSC Determination of Need
The PSC is the exclusive forum for a determination of need for all electrical power plants subject to the PPSA.114 In
making its determination, the PSC must consider:
 The need for electric system reliability and integrity.
 The need for adequate electricity at a reasonable cost.
 The need for fuel diversity and supply reliability.
 Whether the proposed plant is the most cost-effective alternative available.
 Whether renewable energy sources and technologies, as well as conservation measures, are utilized to the
extent reasonably available.
 The conservation measures taken by or reasonably available to the applicant or its members which might
mitigate the need for the proposed plant.
 Other matters within its jurisdiction which it deems relevant.115

For nuclear power plants, the PSC is required to hold a hearing within 90 days after the filing of the petition to
determine need and to issue an order granting or denying the petition within 135 days after the date of the filing of
the petition.116 In making a determination to either grant or deny the petition, the PSC must consider:
 The need for electric system reliability and integrity, including fuel diversity.
 The need for base-load generating capacity.
 The need for adequate electricity at a reasonable cost.
 Whether renewable energy sources and technologies, as well as conservation measures, are utilized to the
extent reasonably available.117

The PSC is also required to take into account whether the proposed nuclear power plant will:
 Provide needed base-load capacity.
 Enhance the reliability of electric power production within the state by improving the balance of power
plant fuel diversity and reducing Florida’s dependence on fuel oil and natural gas.
 Provide the most cost-effective source of power, taking into account the need to improve the balance of fuel
diversity, reduce Florida’s dependence on fuel oil and natural gas, reduce air emission compliance costs,
and contribute to the long-term stability and reliability of the electric grid.118

After the PSC grants a determination of need for a nuclear power plant, Florida law authorizes a utility to recover
certain costs incurred prior to commercial operation of the plant and limits the ability to challenge a utility’s
recovery of such costs through rates.119

Radiological Contamination

Exposure to very high levels of radiation, such as being close to an atomic blast, can cause acute health effects such
as skin burns and acute radiation syndrome (“radiation sickness").120 It can also result in long-term health effects

111 Id.
112 Id.
113 Id. See also s. 403.506(1), F.S.
114 S. 403.519, F.S.
115 S. 403.519(3), F.S.
116 S. 403.519(4), F.S.
117 S. 403.519(4), F.S.
118 S. 403.519(4)(b), F.S.
119 S. 403.519(4)(e), F.S.

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such as cancer and cardiovascular disease.121 Exposure to low levels of radiation does not cause immediate health
effects, but can cause a small increase in the risk of cancer over a lifetime.122

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2024 CS/CS/HB 1645 - Energy Resources Payne Became law on July 1, 2024

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IEconomic Infrastructure 15 Y, 0 N, As CS 1/28/2026 Keating Rubottom
Subcommittee
THE CHANGES ADOPTED BY THE  Clarified a provision of the bill granting regulatory authority to the
COMMITTEE: Public Service Commission.
 Clarified the definition of “clean energy” to include energy produced by
all nuclear reactors.
 Clarified a provision of the bill related to the applicability of the Florida
Power Plant Siting Act to advanced nuclear reactors not interconnected
to the grid.
 Corrected certain other technical drafting errors.
Budget Committee 25 Y, 0 N 2/16/2026 Pridgeon Day

Commerce Committee Hamon Rubottom

120 U.S. Envtl. Prot. Agency, Radiation Health Effects, https://www.epa.gov/radiation/radiation-health-effects (last visited Jan.

26, 2026).
121 Id.
122 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

CS/HB 1461 2026

1 A bill to be entitled
2 An act relating to advanced nuclear reactors; creating
3 s. 403.541, F.S.; providing definitions; authorizing
4 the Florida Public Service Commission to regulate
5 advanced nuclear reactors in this state; authorizing
6 the Department of Health and the Department of
7 Environmental Protection to exercise specified powers
8 and duties; requiring the commission, the Department
9 of Health, and the Department of Environmental
10 Protection to jointly establish criteria for the
11 certification of laboratories that perform analysis on
12 nuclear materials; authorizing the possession of
13 nuclear material for specified purposes; providing an
14 exception and limitation for such possession;
15 requiring permits for the transfer, receipt,
16 possession, use, storage, or disposal of nuclear
17 materials; requiring the commission to make a certain
18 determination before issuing such permits; requiring
19 certifications for construction and significant design
20 modifications of advanced nuclear reactors; requiring
21 the commission to consider certain factors before
22 issuing such certifications; requiring the
23 construction or significant design modification of
24 advanced nuclear reactors to include certain radiation
25 control devices; authorizing the commission to issue

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CODING: Words stricken are deletions; words underlined are additions.
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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 1461 2026

26 reciprocal permits under certain conditions; providing
27 penalties; requiring the commission, after
28 consultation with the Department of Environmental
29 Protection and the Department of Health, to adopt
30 rules; providing requirements for such rules; amending
31 s. 186.801, F.S.; revising the criteria the commission
32 must consider in the preliminary study of electric
33 utility 10-year site plans; amending s. 366.02, F.S.;
34 revising the definition of the term "public utility";
35 amending s. 366.92, F.S.; revising legislative intent
36 for the state's renewable energy policy; revising
37 definitions; revising requirements for the development
38 of certain standards by electric utilities; removing
39 such requirement for rural cooperatives; amending s.
40 377.601, F.S.; revising legislative intent for the
41 state's energy policy; amending s. 403.506, F.S.;
42 revising applicability of power plant capacity and
43 expansion thresholds; amending s. 403.519, F.S.;
44 revising the criteria the commission must consider in
45 making determinations for proposed power plants;
46 providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 403.541, Florida Statutes, is created

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51 to read:
52 403.541 Advanced nuclear reactors.-
53 (1) As used in this section, the term:
54 (a) "Advanced nuclear reactor" means a nuclear fusion
55 reactor, or a nuclear fission reactor that uses new or
56 significantly improved designs compared to commercial nuclear
57 reactors in operation as of January 1, 2021, including
58 improvements such as:
59 1. Inherent or passive safety features;
60 2. Lower waste yields;
61 3. Improved fuel performance or efficiency;
62 4. Significantly improved designs, materials, fuels, or
63 cooling systems;
64 5. Reduced consumption of cooling water and other
65 environmental impacts; or
66 6. Flexibility in operational output or ability to
67 integrate into electric or nonelectric applications.
68 (b) "Commission" means the Florida Public Service
69 Commission.
70 (c) "Electrical power plant" has the same meaning as
71 provided in s. 403.503.
72 (d) "Nuclear material" means byproduct material, source
73 material, and special nuclear material as those terms are
74 defined in s. 404.31.
75 (2)(a) The authority to regulate advanced nuclear reactors

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76 in this state is granted to the commission. At a minimum, the
77 commission shall do all of the following:
78 1. Evaluate and approve designs for advanced nuclear
79 reactors.
80 2. Issue permits for the possession, transportation,
81 transfer, and use of nuclear materials in sufficient quantities
82 to facilitate advanced nuclear reactor research, design,
83 testing, construction, and operation.
84 3. Prescribe safety and construction standards for the use
85 of nuclear materials in the development and operation of
86 advanced nuclear reactors.
87 (b) The Department of Health may exercise its powers and
88 duties granted under chapter 404 for the regulation of advanced
89 nuclear reactors under this section. The Department of Health
90 shall develop appropriate guidelines for nuclear facilities and
91 advanced nuclear reactors to mitigate harm to human health
92 resulting from radiological exposure.
93 (c) The Department of Environmental Protection may
94 exercise its powers and duties granted under chapter 403 for the
95 regulation of advanced nuclear reactors under this section. The
96 Department of Environmental Protection shall develop appropriate
97 guidelines for nuclear facilities and advanced nuclear reactors
98 to mitigate environmental harm and promote the efficient and
99 sustainable use of water and other natural resources.
100 (d) The commission, the Department of Health, and the

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101 Department of Environmental Protection shall jointly establish
102 criteria for the certification of laboratories that perform
103 analysis on nuclear materials for the purpose of researching,
104 designing, testing, or otherwise developing technology for
105 nuclear power plants under this section.
106 (3) A person, corporation, or entity may possess nuclear
107 materials for, and in quantities sufficient to facilitate, the
108 research, design, testing, construction, and operation of
109 advanced nuclear reactors. However, except for active military
110 personnel or contractors acting pursuant to a lawful military
111 order, a person, corporation, or entity may not possess nuclear
112 materials in quantities that pose a danger to national defense
113 and security or public health and safety.
114 (4)(a) The operator of a facility conducting research and
115 testing of advanced nuclear reactors must obtain a permit from
116 the commission for the use and storage of nuclear materials to
117 facilitate such research and testing.
118 (b) A person, corporation, or entity must obtain a permit
119 from the commission for the transfer, receipt, possession, use,
120 or disposal of nuclear materials relating to the operation of
121 advanced nuclear reactors.
122 (c) Before issuing a permit under this subsection, the
123 commission must determine that the facility or reactor is
124 equipped with radiation control devices that will abate or
125 prevent radiological contamination in compliance with the

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126 standards and rules established under this section.
127 (5)(a) The construction or significant design modification
128 of an advanced nuclear reactor must be certified by the
129 commission before such construction or modification may begin.
130 (b) Before issuing a certification under this subsection,
131 the commission must consider, at a minimum, all of the
132 following:
133 1. The extent to which the design will effectively
134 mitigate and prevent danger to the public health and safety.
135 2. The compliance of the design with the safety standards
136 prescribed by the commission.
137 3. The ability of the design to address known or
138 reasonably foreseeable risks, including system failures,
139 accidents, natural disasters, and extreme weather events.
140 4. The completeness and accuracy of engineering
141 calculations and testing data for the design.
142 5. The ability of the design to promote the efficient and
143 sustainable use of water and other natural resources.
144 (c) The construction or significant design modification of
145 an advanced nuclear reactor must include radiation control
146 devices that will abate or prevent radiological contamination in
147 compliance with the standards and rules established under this
148 section.
149 (6) If an applicant has been issued a permit or
150 certification from another state or federal agency for the

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151 activities under this section, the commission may issue a
152 reciprocal permit or certification if the safety standards of
153 the other state or federal agency are no less stringent than the
154 standards and rules established under this section.
155 (7) A person, corporation, or entity who violates this
156 section or any rules adopted hereunder is subject to a civil
157 penalty not to exceed $100,000 for each violation for each day
158 the violation persists, except that the maximum civil penalty
159 may not exceed $1 million for any related series of violations.
160 (8) The commission, after consultation with the Department
161 of Health and the Department of Environmental Protection, shall
162 adopt rules to implement this section. In developing such rules,
163 the commission shall refer to part II of this chapter and the
164 rules and regulations established thereunder.
165 Section 2. Paragraph (j) of subsection (2) of section
166 186.801, Florida Statutes, is redesignated as paragraph (l), and
167 new paragraphs (j) and (k) are added to that section, to read:
168 186.801 Ten-year site plans.—
169 (2) Within 9 months after the receipt of the proposed
170 plan, the commission shall make a preliminary study of such plan
171 and classify it as "suitable" or "unsuitable." The commission
172 may suggest alternatives to the plan. All findings of the
173 commission shall be made available to the Department of
174 Environmental Protection for its consideration at any subsequent
175 electrical power plant site certification proceedings. It is

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176 recognized that 10-year site plans submitted by an electric
177 utility are tentative information for planning purposes only and
178 may be amended at any time at the discretion of the utility upon
179 written notification to the commission. A complete application
180 for certification of an electrical power plant site under
181 chapter 403, when such site is not designated in the current 10-
182 year site plan of the applicant, shall constitute an amendment
183 to the 10-year site plan. In its preliminary study of each 10-
184 year site plan, the commission shall consider such plan as a
185 planning document and shall review:
186 (j) The amount of nuclear energy resources the utility
187 produces or purchases.
188 (k) The amount of nuclear energy resources the utility
189 plans to produce or purchase over the 10-year planning horizon
190 and the means by which the production or purchases will be
191 achieved.
192 Section 3. Subsection (8) of section 366.02, Florida
193 Statutes, is amended to read:
194 366.02 Definitions.—As used in this chapter:
195 (8) "Public utility" means every person, corporation,
196 partnership, association, or other legal entity and their
197 lessees, trustees, or receivers supplying electricity or gas
198 (natural, manufactured, or similar gaseous substance) to or for
199 the public within this state; but the term "public utility" does
200 not include either a cooperative now or hereafter organized and

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201 existing under the Rural Electric Cooperative Law of the state;
202 a municipality or any agency thereof; any entity, other than an
203 electric utility, which produces electricity from an advanced
204 nuclear reactor that is not interconnected to this state's
205 electrical power grid for its own consumption or supplies such
206 electricity for consumption by a single consumer; any dependent
207 or independent special natural gas district; any natural gas
208 transmission pipeline company making only sales or
209 transportation delivery of natural gas at wholesale and to
210 direct industrial consumers; any entity selling or arranging for
211 sales of natural gas which neither owns nor operates natural gas
212 transmission or distribution facilities within the state; or a
213 person supplying liquefied petroleum gas, in either liquid or
214 gaseous form, irrespective of the method of distribution or
215 delivery, or owning or operating facilities beyond the outlet of
216 a meter through which natural gas is supplied for compression
217 and delivery into motor vehicle fuel tanks or other
218 transportation containers, unless such person also supplies
219 electricity or manufactured or natural gas.
220 Section 4. Subsections (1), (2), and (3) of section
221 366.92, Florida Statutes, are amended to read:
222 366.92 Florida renewable energy policy.—
223 (1) It is the intent of the Legislature to promote the
224 development of clean renewable energy; protect the economic
225 viability of Florida's existing clean renewable energy

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226 facilities; diversify the types of fuel used to generate
227 electricity in Florida; lessen Florida's dependence on natural
228 gas and fuel oil for the production of electricity; minimize the
229 volatility of fuel costs; encourage investment within the state;
230 improve environmental conditions; and, at the same time,
231 minimize the costs of power supply to electric utilities and
232 their customers.
233 (2) As used in this section, the term:
234 (a) "Clean energy" includes energy produced by nuclear
235 reactors and includes renewable energy and renewable natural gas
236 as those terms are defined in s. 366.91.
237 (b)(a) "Provider" means a "utility" as defined in s.
238 366.8255(1)(a).
239 (b) "Renewable energy" includes renewable energy and
240 renewable natural gas as those terms are defined in s.
241 366.91(2).
242 (3) Each municipal electric utility and rural electric
243 cooperative shall develop standards for the promotion,
244 encouragement, and expansion of the use of clean renewable
245 energy resources and energy conservation and efficiency
246 measures. On or before April 1, annually, each municipal
247 electric utility and electric cooperative shall submit to the
248 commission a report that identifies such standards.
249 Section 5. Paragraph (m) is added to subsection (3) of
250 section 377.601, Florida Statutes, to read:

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251 377.601 Legislative intent.—
252 (3) In furtherance of the goals in subsection (2), it is
253 the policy of the state to:
254 (m) Encourage the research, development, demonstration,
255 and application of domestic advanced nuclear energy resources.
256 Section 6. Subsection (1) of section 403.506, Florida
257 Statutes, is amended to read:
258 403.506 Applicability, thresholds, and certification.—
259 (1)(a) The provisions of This act applies shall apply to
260 any electrical power plant as defined herein, except that the
261 provisions of this act does shall not apply to the following,
262 unless the applicant has elected to apply for certification
263 under this act:
264 1. Any electrical power plant of less than 75 megawatts in
265 gross capacity, including its associated facilities, unless the
266 applicant has elected to apply for certification of such
267 electrical power plant under this act.
268 2. The provisions of this act shall not apply to Capacity
269 expansions of 75 megawatts or less, in the aggregate, of an
270 existing exothermic reaction cogeneration electrical generating
271 facility that was exempt from this act when it was originally
272 built; however, this exemption shall not apply if the unit uses
273 oil or natural gas for purposes other than unit startup.
274 3. Capacity expansions of 75 megawatts or less, in the
275 aggregate, of one or more advanced nuclear reactors as defined

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276 in s. 403.541 installed within the boundaries of an electrical
277 power plant site previously certified under this act.
278 4. One or more advanced nuclear reactors as defined in s.
279 403.541 to be located within the boundaries of an electrical
280 power plant site previously certified under this act, provided
281 that:
282 a. The advanced nuclear reactor or reactors are intended
283 to replace an existing electrical power plant located on the
284 site.
285 b. The certificate holder intends to retire the existing
286 electrical power plant from service.
287 c. The gross capacity of the advanced nuclear reactor or
288 reactors, in the aggregate, does not exceed the gross capacity
289 of the electrical power plant to be retired.
290 5. One or more advanced nuclear reactors as defined in s.
291 403.541 that are not interconnected to this state's electrical
292 power grid and that are owned by an entity other than an
293 electric utility for purposes of producing power for its own
294 consumption or for use by a single consumer of electrical power.
295 (b) The No construction of any new electrical power plant
296 or expansion in steam generating capacity as measured by an
297 increase in the maximum electrical generator rating of any
298 existing electrical power plant may not be undertaken after
299 October 1, 1973, without first obtaining certification in the
300 manner as herein provided, except that this act shall not apply

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301 to any such electrical power plant which is presently operating
302 or under construction or which has, upon the effective date of
303 chapter 73-33, Laws of Florida, applied for a permit or
304 certification under requirements in force prior to the effective
305 date of such act.
306 Section 7. Subsection (3) of section 403.519, Florida
307 Statutes, is amended to read:
308 403.519 Exclusive forum for determination of need.—
309 (3) The commission shall be the sole forum for the
310 determination of this matter, which accordingly may shall not be
311 raised in any other forum or in the review of proceedings in
312 such other forum. In making its determination, the commission
313 shall take into account the need for electric system reliability
314 and integrity, the need for adequate electricity at a reasonable
315 cost, the need for fuel diversity and supply reliability,
316 whether the proposed plant is the most cost-effective
317 alternative available, and whether nuclear renewable energy
318 resources sources and technologies, as well as conservation
319 measures, are used utilized to the extent reasonably available.
320 The commission shall also expressly consider the conservation
321 measures taken by or reasonably available to the applicant or
322 its members which might mitigate the need for the proposed plant
323 and other matters within its jurisdiction which it deems
324 relevant. The commission's determination of need for an
325 electrical power plant shall create a presumption of public need

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326 and necessity and shall serve as the commission's report
327 required by s. 403.507(4). An order entered pursuant to this
328 section constitutes final agency action.
329 Section 8. This act shall take effect July 1, 2026.

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CS/HB 1461 by Reps. Miller and Gentry
Advanced Nuclear Reactors

AMENDMENT SUMMARY
February 24, 2026

Amendment #584073 by Rep. Miller (line 53):
• Adds legislative findings.
• Adds a provision requiring the Public Service Commission (PSC) to consult with
the University of Florida’s Nuclear Fuels and Materials Characterization Facility in
exercising the authority granted by the bill.
• Removes a provision amending the definition of the term “public utility.”
• Removes a provision exempting advanced nuclear reactors that will not be
interconnected to the grid from the power plant siting act.
• Adds provisions exempting advanced nuclear reactors that will not be
interconnected to the grid from the PSC’s need determination process.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (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 Miller offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 53-328 and insert:
6 (1) Based on Florida's energy needs, economic
7 considerations, statewide energy reliability goals, and the need
8 for additional base-load electrical generating capacity, the
9 Legislature intends to promote the development of nuclear energy
10 and to protect the viability of Florida's existing nuclear
11 energy facilities, encourage investment into nuclear energy
12 within the state, and minimize rising electricity rates through
13 the use of nuclear energy.
14 (2) As used in this section, the term:

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Amendment No.

15 (a) "Advanced nuclear reactor" means a nuclear fusion
16 reactor, or a nuclear fission reactor that uses new or
17 significantly improved designs compared to commercial nuclear
18 reactors in operation as of January 1, 2021, including
19 improvements such as:
20 1. Inherent or passive safety features;
21 2. Lower waste yields;
22 3. Improved fuel performance or efficiency;
23 4. Significantly improved designs, materials, fuels, or
24 cooling systems;
25 5. Reduced consumption of cooling water and other
26 environmental impacts; or
27 6. Flexibility in operational output or ability to
28 integrate into electric or nonelectric applications.
29 (b) "Commission" means the Florida Public Service
30 Commission.
31 (c) "Electrical power plant" has the same meaning as
32 provided in s. 403.503.
33 (d) "Nuclear material" means byproduct material, source
34 material, and special nuclear material as those terms are
35 defined in s. 404.31.
36 (3)(a) The authority to regulate advanced nuclear reactors
37 in this state is granted to the commission. At a minimum, the
38 commission shall do all of the following:

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39 1. Evaluate and approve designs for advanced nuclear
40 reactors.
41 2. Issue permits for the possession, transportation,
42 transfer, and use of nuclear materials in sufficient quantities
43 to facilitate advanced nuclear reactor research, design,
44 testing, construction, and operation.
45 3. Prescribe safety and construction standards for the use
46 of nuclear materials in the development and operation of
47 advanced nuclear reactors.
48
49 In exercising its authority granted by this section, the
50 commission shall consult with the University of Florida's
51 Nuclear Fuels and Materials Characterization Facility, or its
52 successor facility at the University of Florida supporting
53 research in nuclear materials science.
54 (b) The Department of Health may exercise its powers and
55 duties granted under chapter 404 for the regulation of advanced
56 nuclear reactors under this section. The Department of Health
57 shall develop appropriate guidelines for nuclear facilities and
58 advanced nuclear reactors to mitigate harm to human health
59 resulting from radiological exposure.
60 (c) The Department of Environmental Protection may
61 exercise its powers and duties granted under chapter 403 for the
62 regulation of advanced nuclear reactors under this section. The
63 Department of Environmental Protection shall develop appropriate
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64 guidelines for nuclear facilities and advanced nuclear reactors
65 to mitigate environmental harm and promote the efficient and
66 sustainable use of water and other natural resources.
67 (d) The commission, the Department of Health, and the
68 Department of Environmental Protection shall jointly establish
69 criteria for the certification of laboratories that perform
70 analysis on nuclear materials for the purpose of researching,
71 designing, testing, or otherwise developing technology for
72 nuclear power plants under this section.
73 (4) A person, corporation, or entity may possess nuclear
74 materials for, and in quantities sufficient to facilitate, the
75 research, design, testing, construction, and operation of
76 advanced nuclear reactors. However, except for active military
77 personnel or contractors acting pursuant to a lawful military
78 order, a person, corporation, or entity may not possess nuclear
79 materials in quantities that pose a danger to national defense
80 and security or public health and safety.
81 (5)(a) The operator of a facility conducting research and
82 testing of advanced nuclear reactors must obtain a permit from
83 the commission for the use and storage of nuclear materials to
84 facilitate such research and testing.
85 (b) A person, corporation, or entity must obtain a permit
86 from the commission for the transfer, receipt, possession, use,
87 or disposal of nuclear materials relating to the operation of
88 advanced nuclear reactors.
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89 (c) Before issuing a permit under this subsection, the
90 commission must determine that the facility or reactor is
91 equipped with radiation control devices that will abate or
92 prevent radiological contamination in compliance with the
93 standards and rules established under this section.
94 (6)(a) The construction or significant design modification
95 of an advanced nuclear reactor must be certified by the
96 commission before such construction or modification may begin.
97 (b) Before issuing a certification under this subsection,
98 the commission must consider, at a minimum, all of the
99 following:
100 1. The extent to which the design will effectively
101 mitigate and prevent danger to the public health and safety.
102 2. The compliance of the design with the safety standards
103 prescribed by the commission.
104 3. The ability of the design to address known or
105 reasonably foreseeable risks, including system failures,
106 accidents, natural disasters, and extreme weather events.
107 4. The completeness and accuracy of engineering
108 calculations and testing data for the design.
109 5. The ability of the design to promote the efficient and
110 sustainable use of water and other natural resources.
111 (c) The construction or significant design modification of
112 an advanced nuclear reactor must include radiation control
113 devices that will abate or prevent radiological contamination in
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Amendment No.

114 compliance with the standards and rules established under this
115 section.
116 (7) If an applicant has been issued a permit or
117 certification from another state or federal agency for the
118 activities under this section, the commission may issue a
119 reciprocal permit or certification if the safety standards of
120 the other state or federal agency are no less stringent than the
121 standards and rules established under this section.
122 (8) A person, corporation, or entity who violates this
123 section or any rules adopted hereunder is subject to a civil
124 penalty not to exceed $100,000 for each violation for each day
125 the violation persists, except that the maximum civil penalty
126 may not exceed $1 million for any related series of violations.
127 (9) The commission, after consultation with the Department
128 of Health and the Department of Environmental Protection, shall
129 adopt rules to implement this section. In developing such rules,
130 the commission shall refer to part II of this chapter and the
131 rules and regulations established thereunder.
132 Section 2. Paragraph (j) of subsection (2) of section
133 186.801, Florida Statutes, is redesignated as paragraph (l), and
134 new paragraphs (j) and (k) are added to that section, to read:
135 186.801 Ten-year site plans.—
136 (2) Within 9 months after the receipt of the proposed
137 plan, the commission shall make a preliminary study of such plan
138 and classify it as "suitable" or "unsuitable." The commission
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Amendment No.

139 may suggest alternatives to the plan. All findings of the
140 commission shall be made available to the Department of
141 Environmental Protection for its consideration at any subsequent
142 electrical power plant site certification proceedings. It is
143 recognized that 10-year site plans submitted by an electric
144 utility are tentative information for planning purposes only and
145 may be amended at any time at the discretion of the utility upon
146 written notification to the commission. A complete application
147 for certification of an electrical power plant site under
148 chapter 403, when such site is not designated in the current 10-
149 year site plan of the applicant, shall constitute an amendment
150 to the 10-year site plan. In its preliminary study of each 10-
151 year site plan, the commission shall consider such plan as a
152 planning document and shall review:
153 (j) The amount of nuclear energy resources the utility
154 produces or purchases.
155 (k) The amount of nuclear energy resources the utility
156 plans to produce or purchase over the 10-year planning horizon
157 and the means by which the production or purchases will be
158 achieved.
159 Section 3. Subsections (1), (2), and (3) of section
160 366.92, Florida Statutes, are amended to read:
161 366.92 Florida clean renewable energy policy.—
162 (1) It is the intent of the Legislature to promote the
163 development of clean renewable energy; protect the economic
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164 viability of Florida's existing clean renewable energy
165 facilities; diversify the types of fuel used to generate
166 electricity in Florida; lessen Florida's dependence on natural
167 gas and fuel oil for the production of electricity; minimize the
168 volatility of fuel costs; encourage investment within the state;
169 improve environmental conditions; and, at the same time,
170 minimize the costs of power supply to electric utilities and
171 their customers.
172 (2) As used in this section, the term:
173 (a) "Clean energy" includes energy produced by nuclear
174 reactors and includes renewable energy and renewable natural gas
175 as those terms are defined in s. 366.91.
176 (b)(a) "Provider" means a "utility" as defined in s.
177 366.8255(1)(a).
178 (b) "Renewable energy" includes renewable energy and
179 renewable natural gas as those terms are defined in s.
180 366.91(2).
181 (3) Each municipal electric utility and rural electric
182 cooperative shall develop standards for the promotion,
183 encouragement, and expansion of the use of clean renewable
184 energy resources and energy conservation and efficiency
185 measures. On or before April 1, annually, each municipal
186 electric utility and electric cooperative shall submit to the
187 commission a report that identifies such standards.

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188 Section 4. Paragraph (m) is added to subsection (3) of
189 section 377.601, Florida Statutes, to read:
190 377.601 Legislative intent.—
191 (3) In furtherance of the goals in subsection (2), it is
192 the policy of the state to:
193 (m) Encourage the research, development, demonstration,
194 and application of domestic advanced nuclear energy resources.
195 Section 5. Subsection (5) of section 403.503, Florida
196 Statutes, is amended to read:
197 403.503 Definitions relating to Florida Electrical Power
198 Plant Siting Act.—As used in this act:
199 (5) "Applicant" means any electric utility or other person
200 that which applies for certification pursuant to the provisions
201 of this act.
202 Section 6. Subsection (1) of section 403.506, Florida
203 Statutes, is amended to read:
204 403.506 Applicability, thresholds, and certification.—
205 (1)(a) The provisions of This act applies shall apply to
206 any electrical power plant as defined herein, except that the
207 provisions of this act does shall not apply to the following,
208 unless the applicant has elected to apply for certification
209 under this act:
210 1. Any electrical power plant of less than 75 megawatts in
211 gross capacity, including its associated facilities, unless the

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (2026)
Amendment No.

212 applicant has elected to apply for certification of such
213 electrical power plant under this act.
214 2. The provisions of this act shall not apply to Capacity
215 expansions of 75 megawatts or less, in the aggregate, of an
216 existing exothermic reaction cogeneration electrical generating
217 facility that was exempt from this act when it was originally
218 built; however, this exemption shall not apply if the unit uses
219 oil or natural gas for purposes other than unit startup.
220 3. Capacity expansions of 75 megawatts or less, in the
221 aggregate, of one or more advanced nuclear reactors as defined
222 in s. 403.541 installed within the boundaries of an electrical
223 power plant site previously certified under this act.
224 4. One or more advanced nuclear reactors as defined in s.
225 403.541 to be located within the boundaries of an electrical
226 power plant site previously certified under this act, provided
227 that:
228 a. The advanced nuclear reactor or reactors are intended
229 to replace an existing electrical power plant located on the
230 site.
231 b. The certificate holder intends to retire the existing
232 electrical power plant from service.
233 c. The gross capacity of the advanced nuclear reactor or
234 reactors, in the aggregate, does not exceed the gross capacity
235 of the electrical power plant to be retired.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (2026)
Amendment No.

236 (b) The No construction of any new electrical power plant
237 or expansion in steam generating capacity as measured by an
238 increase in the maximum electrical generator rating of any
239 existing electrical power plant may not be undertaken after
240 October 1, 1973, without first obtaining certification in the
241 manner as herein provided, except that this act shall not apply
242 to any such electrical power plant which is presently operating
243 or under construction or which has, upon the effective date of
244 chapter 73-33, Laws of Florida, applied for a permit or
245 certification under requirements in force prior to the effective
246 date of such act.
247 Section 7. Paragraph (c) is added to subsection (4) of
248 section 403.507, Florida Statutes, to read:
249 403.507 Preliminary statements of issues, reports, project
250 analyses, and studies.—
251 (4)
252 (c) This subsection does not apply to an application for
253 an advanced nuclear reactor as defined in s. 430.541 that will
254 not be interconnected to this state's electrical power grid.
255 Section 8. Subsection (3) of section 403.519, Florida
256 Statutes, is amended, and a new subsection (5) is added to that
257 section, to read:
258 403.519 Exclusive forum for determination of need.—
259 (3) The commission shall be the sole forum for the
260 determination of this matter, which accordingly may shall not be
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (2026)
Amendment No.

261 raised in any other forum or in the review of proceedings in
262 such other forum. In making its determination, the commission
263 shall take into account the need for electric system reliability
264 and integrity, the need for adequate electricity at a reasonable
265 cost, the need for fuel diversity and supply reliability,
266 whether the proposed plant is the most cost-effective
267 alternative available, and whether nuclear renewable energy
268 resources sources and technologies, as well as conservation
269 measures, are used utilized to the extent reasonably available.
270 The commission shall also expressly consider the conservation
271 measures taken by or reasonably available to the applicant or
272 its members which might mitigate the need for the proposed plant
273 and other matters within its jurisdiction which it deems
274 relevant. The commission's determination of need for an
275 electrical power plant shall create a presumption of public need
276 and necessity and shall serve as the commission's report
277 required by s. 403.507(4). An order entered pursuant to this
278 section constitutes final agency action.
279 (5) This section does not apply to an application for an
280 advanced nuclear reactor as defined in s. 430.541 that will not
281 be interconnected to this state's electrical power grid.
282
283 -----------------------------------------------------
284 T I T L E A M E N D M E N T
285 Remove lines 3-45 and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (2026)
Amendment No.

286 s. 403.541, F.S.; providing definitions; providing
287 legislative findings; authorizing the Florida Public
288 Service Commission to regulate advanced nuclear
289 reactors in this state; authorizing the Department of
290 Health and the Department of Environmental Protection
291 to exercise specified powers and duties; requiring the
292 commission, the Department of Health, and the
293 Department of Environmental Protection to jointly
294 establish criteria for the certification of
295 laboratories that perform analysis on nuclear
296 materials; authorizing the possession of nuclear
297 material for specified purposes; providing an
298 exception and limitation for such possession;
299 requiring permits for the transfer, receipt,
300 possession, use, storage, or disposal of nuclear
301 materials; requiring the commission to make a certain
302 determination before issuing such permits; requiring
303 certifications for construction and significant design
304 modifications of advanced nuclear reactors; requiring
305 the commission to consider certain factors before
306 issuing such certifications; requiring the
307 construction or significant design modification of
308 advanced nuclear reactors to include certain radiation
309 control devices; authorizing the commission to issue
310 reciprocal permits under certain conditions; providing
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1461 (2026)
Amendment No.

311 penalties; requiring the commission, after
312 consultation with the Department of Environmental
313 Protection and the Department of Health, to adopt
314 rules; providing requirements for such rules; amending
315 s. 186.801, F.S.; revising the criteria the commission
316 must consider in the preliminary study of electric
317 utility 10-year site plans; amending s. 366.92, F.S.;
318 revising legislative intent for the state's renewable
319 energy policy; revising definitions; revising
320 requirements for the development of certain standards
321 by electric utilities; removing such requirement for
322 rural cooperatives; amending s. 377.601, F.S.;
323 revising legislative intent for the state's energy
324 policy; amending s. 403.503, F.S.; revising the
325 definition of the term "applicant"; amending s.
326 403.506, F.S.; revising applicability of power plant
327 capacity and expansion thresholds; amending s.
328 403.519, F.S.; revising the criteria the commission
329 must consider in making determinations for proposed
330 power plants; exempting advanced nuclear reactors that
331 are not interconnected to the electrical power grid
332 from the requirement to obtain a determination of
333 need;

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CS/CS/HB 1481
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 1481 COMPANION BILL: CS/SB 1602 (Wright)
TITLE: Housing for Veterans LINKED BILLS: CS/HB 1483 Rosenwald, Daley
SPONSOR(S): Rosenwald and Daley RELATED BILLS: CS/SB 1604 (Wright)
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
16 Y, 0 N, As CS  16 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill creates, subject to appropriation, the Homes for Veterans Property Management Incentive Pilot Program
(pilot program) in Broward, Escambia, Hillsborough, and Santa Rosa counties to provide landlords with incentives
to lease eligible dwelling units to veterans who are participating in the U.S. Department of Housing and Urban
Development-U.S. Department of Veterans Affairs Supportive Housing program.

The bill allows landlords who enter into an agreement with eligible veterans to apply to an entity contracted by
the Florida Housing Finance Corporation to receive funding to:
 Compensate a landlord for the time that a dwelling unit is held vacant before the veteran is able to move in.
 Cover property loss at the dwelling unit caused by the veteran which extends beyond the amount of the
deposit money, up to $2,000.

Fiscal or Economic Impact:
The bill may have an indeterminate, negative fiscal impact on state government related to providing funding for
certain landlords to veteran tenants and administering the pilot program.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill, subject to annual legislative appropriation, creates the Homes for Veterans Property Management
Incentive Pilot Program (pilot program) in Broward, Escambia, Hillsborough, and Santa Rosa counties to provide
landlords with incentives to lease eligible dwelling units to veterans who are participating in the U.S. Department
of Housing and Urban Development (HUD)-U.S. Department of Veterans Affairs (VA) Supportive Housing (HUD-
VASH) program, a program that combines HUD’s housing choice voucher rental assistance for homeless veterans
with case management and clinical services provided by the VA. (Section 1)

The bill allows landlords who enter into an agreement with eligible veterans to apply to program administrators
who have contracted with the Florida Housing Finance Corporation (FHFC) to receive funding from the Vacancy
Relief and Risk Mitigation Trust Fund (Fund) related to veteran housing, which is created by the linked bill, HB
1483, for the following purposes:
 To compensate a landlord for the time that the dwelling unit is held vacant before the veteran is able to
move in.
o The Fund may provide proportional rent to eligible landlords for a period of up to 45 days after the
date the dwelling unit becomes available or until the actual date that the veteran moves into the
dwelling unit, whichever is sooner.
 To cover property loss at the dwelling unit caused by the veteran which extends beyond the amount of the
deposit money.

STORAGE NAME: h1481e.COM
DATE: 2/20/2026
1
CS/CS/HB 1481
o The Fund may provide funding if a veteran moves out of the dwelling unit during the first 12
months of a year-to-year rental agreement or after the expiration of a rental agreement for any
duration. The landlord may apply for up to $2,000 beyond the deposit money. (Section 1)

The bill requires FHFC, in consultation with the local public housing authority and case managers assigned to
veterans by the VA, to establish and oversee the Fund, the applications for such trust funds, the document
requirements, and all processes of the pilot program. (Section 1)

The bill provides that FHFC’s responsibilities for the pilot program are limited to program administration,
including:
 Rulemaking;
 Oversight; and
 Establishing and executing contracts with one or more local public housing authorities, contracted program
administrators, or other public or nonprofit entities that have experience administering the HUD-VASH
program, supportive housing, or landlord mitigation programs to perform:
o Intake;
o Documentation review;
o Claim verification functions to locally administer the funds in the Fund; and
o Distribution of funding to the contracted program administrator for payment of approved
reimbursement requests. (Section 1)

The bill provides that FHFC is not responsible for maintaining eligibility files, tenancy records, or other case-level
documentation for the HUD-VASH program, which must be maintained by the contracted program administrator.
(Section 1)

In order to apply for the Fund for vacancy issues, the bill requires a landlord to submit all required documentation
to the contracted program administrator within 60 days after the veteran moves into the dwelling unit. The case
manager assigned to the veteran by the VA must assist FHFC by facilitating trust fund requests from landlords and
documentation compliance. At a minimum, a landlord must submit documentation to the contracted program
administrator in the form and manner established by FHFC. Required supporting documentation necessary to
confirm eligibility for reimbursement and oversight must be maintained by the entity responsible for case
management or rental assistance administration in the HUD-VASH program. The contracted program
administrator must maintain all required documentation and provide FHFC with a certification of eligibility,
tenancy dates, and verified costs within the timeframe established by FHFC by rule. (Section 1)

In order to apply for the Fund related to risk mitigation issues, the bill requires a landlord to submit all required
documentation to the contracted program administrator within 60 days after the veteran moves out of the
dwelling unit. The case manager assigned to the veteran must assist the contracted program administrator by
facilitating trust fund requests from landlords and documentation compliance. The contracted program
administrator must maintain all required documentation and provide FHFC, within the timeframe established by
rule, a certification of eligibility, tenancy dates, verified damage amounts, and verified costs. Required supporting
documentation necessary to confirm eligibility for reimbursement and oversight must be maintained by the entity
responsible for case management or rental assistance administration in the HUD-VASH program. (Section 1)

The bill requires the landlord, after the veteran vacates the dwelling unit, to provide a copy of the move-out
checklist with current photos of the dwelling unit and a copy of the written notice of intent to impose a claim on
the deposit provided to the veteran by the landlord in accordance with s. 83.49(3)(a), F.S. (Section 1)

The bill provides that a landlord may apply for the Fund for risk mitigation issues only if the landlord previously
applied to the Fund for vacancy issues. (Section 1)

The bill provides that, due to funding for the pilot program being limited, FHFC is required to award funds on a
first-come, first-served basis. The bill allows FHFC to suspend acceptance of applications when available
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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CS/CS/HB 1481
appropriations are fully obligated. FHFC must notify contracted program administrators if the intake of
applications is suspended and when the intake of applications is resumed. (Section 1)

The bill requires FHFC to adopt rules to implement the pilot program. (Section 1)

The bill has an effective date of July 1, 2026, if HB 1483 or similar legislation is adopted in the same legislative
session or an extension thereof and becomes a law. (Section 2)

RULEMAKING:
The bill requires FHFC to adopt rules to implement the pilot program.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate, negative fiscal impact on state government related to providing funding for
certain landlords to veteran tenants and administering the pilot program.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Housing Finance Corporation
The Florida Housing Finance Corporation (FHFC) is a public-private entity created by the Legislature in 1997 to
assist in providing a range of affordable housing opportunities for Floridians.1 The FHFC is a corporation held by
the state and housed within the Department of Commerce (Department). The FHFC is a separate budget entity and
its operations are not subject to control, supervision, or direction by the Department.2

The goal of the FHFC is to increase the supply of safe, affordable housing for individuals and families with very low
to moderate incomes by stimulating investment of private capital and encouraging public and private sector
housing partnerships.3 As a financial institution, the FHFC administers federal and state resources to finance the
development and preservation of affordable rental housing and to assist homebuyers with financing and down
payment assistance.4

The FHFC administers several affordable housing programs, including the:5
 State Apartment Incentive Loan Program,
 Multifamily Mortgage Revenue Bonds Program,
 Florida Affordable Housing Guarantee Program,
 Low Income Housing Tax Credit Program,
 State Housing Initiatives Partnership Program,
 Predevelopment Loan Program,

1 Chapter 97-167, Laws of Fla. From 1980 through 1997, the former Florida Housing Finance Agency, placed within the

former Department of Community Affairs, performed similar duties. See ch. 80-161, and ch. 97-167, s. 7, Laws of Fla.
2 S. 420.504(3), F.S.
3 See ss. 420.502 and 420.511, F.S.
4 Florida Housing Finance Corporation, Overview of Florida Housing Finance Corporation, p. 1 (July 2017) available at

https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/august2017/tab8.pdf (last visited Jan. 29,
2026).
5 Id. at pp. 6-8.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
CS/CS/HB 1481
 Foreclosure Counseling Program,
 Affordable Housing Catalyst Program,
 Homebuyer Loan Program,
 Downpayment Assistance Program, and
 Homeownership Pool Program.

The FHFC 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:6
 Made a material misrepresentation or engaged in fraudulent actions in connection with any FHFC program;
 Been convicted or found guilty of, or entered a plea of guilty or nolo contendere7 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 debarment8 from
participation in federal housing programs by HUD;
 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 FHFC in the construction, operation, or management of one or more developments funded through a
FHFC program; or
 Materially or repeatedly violated any condition imposed by FHFC in connection with the administration of
a FHFC program, including a land use restriction agreement, an extended use agreement, or any other
financing or regulatory agreement with FHFC.

U.S. Department of Housing and Urban Development-Department of Veterans Affairs Supportive Housing
The U.S. Department of Housing and Urban Development (HUD) administers programs that provide housing and
community development assistance, and also works to ensure fair and equal housing opportunity.9 The HUD-
Department of Veterans Affairs (VA) Supportive Housing (HUD-VASH) program combines the HUD’s Housing
Choice Voucher (HCV) rental assistance for homeless veterans with case management and clinical services
provided by the VA. The VA provides these services for participating veterans at VA medical centers, community-
based outreach clinics, through VA contractors, or through other VA designated entities.10

Each year, HUD and the VA collaboratively award HUD-VASH vouchers based on current geographic need and
public housing agency (PHA) performance. Since 2017, the allocation process for awarding HUD-VASH vouchers
has changed to allow PHAs to self-identify their interest in the program. HUD publishes an annual HUD-VASH
Registration of Interest Notice containing detailed instructions that PHAs must follow if they are interested in
receiving a portion of the available HUD-VASH vouchers. PHAs must have the support of a partnering VA facility
and meet any utilization threshold requirements to be eligible for an award. After the registration period has
closed, HUD and the VA use a formula to determine relative need, and ultimately invite eligible PHAs to apply for a

6 S. 420.518(1), F.S.
7 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).
8 “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.
9 USA.GOV, U.S. Department of Housing and Urban Development (HUD), https://www.usa.gov/agencies/u-s-department-of-

housing-and-urban-development#:~:text=The%20Department%20of%20Housing%20and,equal%20housing%
20opportunity%20for%20all. (last visited Jan. 29, 2026).
10 HUD, HUD-VASH, https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans (last visited Jan.

29, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
CS/CS/HB 1481
specific number of HUD-VASH vouchers. The associated funding awarded for HUD-VASH vouchers is determined
by the actual average per unit cost at each PHA.11

There is at least one PHA currently administering HUD-VASH in each of the 50 states, District of Columbia, Puerto
Rico, and Guam.12 In Florida there are 97 PHA’s working with HUD.13 HUD-VASH vouchers are renewed based on
actual PHA leasing along with all other HCVs.14 Generally, the HUD-VASH program is administered in accordance
with regular HCV and project-based voucher program requirements.15 However, the 2008 Consolidated
Appropriations Act allows the HUD to waive or specify alternative requirements for any provision of any statute or
regulation affecting the HCV program in order to effectively deliver and administer HUD-VASH voucher
assistance.16

U.S. Department of Veterans’ Affairs Case Management and Services
The VA runs programs that benefit veterans and members of their families. It offers educational opportunities and
rehabilitation services and provides compensation payments for disabilities or death related to military service,
home loan guaranties, pensions, burials, and health care that includes the services of nursing homes, clinics, and
medical centers.17 The VA Care Management and Social Work programs provide a vast array of clinical services,
which address the needs of wounded, injured and ill Servicemembers, Veterans, their family members, and family
caregivers.18

Community Resource and Referral Centers (CRRCs) are places where veterans who are experiencing homelessness
or are at risk of homelessness can connect to stable housing and supportive services. CRRCs are collaborative,
multi-agency programs that provide access to housing, health care, and a wide variety of services that veterans
may need. These community-based store front operations are located in areas accessible to veterans and services
are provided by both the VA and community partner staff.19 CRRCs are an important part of the VA’s community
outreach efforts and a primary access point for veterans experiencing homelessness or risk.20

Veteran Homelessness
Section 1.01(14), F.S., defines “veteran” to mean a person who served in the active military, naval, or air service
and who was discharged or released under honorable conditions only or who later received an upgraded discharge
under honorable conditions, notwithstanding any action by the VA on individuals discharged or released with
other than honorable discharges.

Florida has the second largest population of veterans in the nation after Texas.21 Nearly 1.4 million veterans reside
in the state, which is 12 percent of the state’s population of adults aged 18 and over.22

11 Id.
12 Id.
13 HUD, Local Public Housing Authority, PHA Contact Information,

https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_FL.pdf (last visited Jan. 29, 2026).
14 HUD, supra note 10.
15 24 CFR ss. 982 and 983.
16 Pu. L. No. 110-161.
17 USA.GOV, U.S. Department of Veterans Affairs (VA), https://www.usa.gov/agencies/u-s-department-of-veterans-affairs (last

visited Jan. 29, 2026).
18 VA, Care Management and Social Work, https://www.patientcare.va.gov/caremanagement.asp (last visited Jan. 29, 2026).
19 VA, Outreach & Case Management, https://www.va.gov/homeless/nchav/program-development-implementation/outreach-

case-management/ (last visited Jan. 29, 2026).
20 Id.
21 VA, Our Veterans, https://www.floridavets.org/our-veterans/ (last visited Jan. 29, 2026).
22 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
CS/CS/HB 1481
According to the Florida Council on Homelessness, reducing homelessness among veterans is an ongoing policy
focus for local, state, and federal agencies.23 Veterans experience homelessness at a higher rate than non-veterans,
and the risk factors for veteran homelessness include substance abuse, mental health, poverty, and social
isolation.24 Preliminary 2025 data indicates the count of veterans experiencing homelessness in Florida decreased
significantly from 2019 to 2025, and has seen a year over year decrease of 18.65 percent from 2024 to 2025.
Nonetheless, approximately 1,898 veterans were experiencing homelessness in Florida in 2025.25

The Florida Department of Veterans’ Affairs was created to provide assistance to all former, present, and future
members of the Armed Forces of the United States and their spouses and dependents in preparing claims for and
securing compensation, hospitalization, career training, and other benefits or privileges to which they are, or may
become entitled to, under federal or state law or regulation by reason of their service in the Armed Forces of the
United States.26

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 2/5/2026 Curtin Wright
Subcommittee
THE CHANGES ADOPTED BY THE  Clarified FHFC’s responsibilities for the pilot program.
COMMITTEE:  Required FHFC to contract with one or more entities with certain
qualifications to perform intake, documentation review, document
retention, claim verification, and funding distribution for the program.
 Required that veterans must be participating in the HUD-VASH
program to be eligible to participate in the pilot program.
 Allowed FHFC and contracted entities to rely on certain documentation
from the VA and local housing authorities when making funding
determinations, rather than requiring original documents and
applications from the landlord.
 Allowed FHFC to suspend accepting applications when appropriated
funds are expended.
Intergovernmental Affairs 16 Y, 0 N, As CS 2/12/2026 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE  Removed the definition of “ledger.”
COMMITTEE:  Made conforming changes.
Commerce Committee Hamon Wright

23 Florida’s Council on Homelessness, Florida’s Council on Homelessness Annual Report 2025, p. 28,

https://www.myflfamilies.com/sites/default/files/2025-
07/Florida%20Council%20on%20Homelessness%20Annual%20Report%202025.pdf (last visited Jan. 29, 2026).
24 National Coalition for Homeless Veterans, Risk Factors for Homelessness Among US Veterans,

https://www.nchv.org/images/uploads/RB%2095%20-%20Risk%20Factors%20for%20Homelessness%20Among%20
US%20Veterans%20FINAL%20(2).pdf (last visited Jan. 29, 2026).
25 Florida’s Council on Homelessness, supra note 23.
26 S. 292.05(1), F.S.

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

CS/CS/HB 1481 2026

1 A bill to be entitled
2 An act relating to housing for veterans; creating s.
3 83.684, F.S.; providing a short title; providing
4 definitions; establishing the Homes for Veterans
5 Property Management Incentive Pilot Program in certain
6 counties, subject to legislative appropriation;
7 requiring the Florida Housing Finance Corporation, in
8 consultation with other entities and persons, to
9 oversee specified aspects of the pilot program;
10 providing the responsibilities of the corporation for
11 the pilot program; requiring contracted program
12 administrators to maintain certain functions of the
13 pilot program; authorizing certain landlords to apply
14 to a contracted program administrator to request
15 funding from the Vacancy Relief and Risk Mitigation
16 Trust Fund under certain circumstances; providing the
17 purpose of such trust fund; providing requirements to
18 request funding from the trust fund; requiring certain
19 case managers to assist the contracted program
20 administrator; requiring the contracted program
21 administrator to maintain and provide certain
22 documentation to the corporation; requiring the entity
23 responsible for certain functions to maintain any
24 supporting documentation; authorizing the corporation
25 to rely on certifications, determinations, and

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26 documentation provided by specified entities;
27 providing that funding for the pilot program is
28 awarded on a first-come, first-served basis;
29 authorizing the corporation to suspend the acceptance
30 of applications under certain circumstances; requiring
31 specified notice; requiring the corporation to adopt
32 rules; providing a contingent effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Section 83.684, Florida Statutes, is created to
37 read:
38 83.684 Homes for Veterans Property Management Incentive
39 Pilot Program.—
40 (1) This section may be cited as the "Homes for Veterans
41 Property Management Incentive Pilot Program."
42 (2) As used in this section, the term:
43 (a) "Corporation" means the Florida Housing Finance
44 Corporation.
45 (b) "HUD-Veterans Affairs Supportive Housing program"
46 means a program that combines the United States Department of
47 Housing and Urban Development's housing choice voucher rental
48 assistance for homeless veterans with case management and
49 clinical services provided by the United States Department of
50 Veterans Affairs.

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CS/CS/HB 1481 2026

51 (c) "Pilot program" means the Homes for Veterans Property
52 Management Incentive Pilot Program.
53 (d) "Veteran" has the same meaning as in s. 1.01(14).
54 (3) The Homes for Veterans Property Management Incentive
55 Pilot Program is established in Broward, Escambia, Hillsborough,
56 and Santa Rosa Counties to provide eligible landlords with
57 incentives to lease eligible dwelling units to veterans who are
58 participating in the HUD-Veterans Affairs Supportive Housing
59 program. Implementation of this pilot program is subject to
60 annual legislative appropriation. The corporation, in
61 consultation with the local public housing authority and case
62 managers assigned to veterans by the United States Department of
63 Veterans' Affairs, shall establish and oversee the Vacancy
64 Relief and Risk Mitigation Trust Fund, the applications for such
65 trust fund, the document requirements, and all processes of the
66 pilot program. The corporation's responsibilities under this
67 section are limited to program administration, including
68 rulemaking, oversight, and establishing and executing contracts
69 with one or more local public housing authorities, contracted
70 program administrators, or other public or nonprofit entities
71 that have experience administering the HUD-Veterans Affairs
72 Supportive Housing program, supportive housing, or landlord
73 mitigation programs to perform intake, documentation review, and
74 claim verification functions to locally administer the funds in
75 the Vacancy Relief and Risk Mitigation Trust Fund and to

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CS/CS/HB 1481 2026

76 distribute funding to the contracted program administrator for
77 payment of approved reimbursement requests. The corporation is
78 not responsible for maintaining eligibility files, tenancy
79 records, or other case-level documentation for the HUD-Veterans
80 Affairs Supportive Housing program. Such functions must be
81 maintained by the contracted program administrator.
82 (4)(a) A landlord who enters into a rental agreement with
83 an eligible veteran may apply to a contracted program
84 administrator to request funding from the Vacancy Relief and
85 Risk Mitigation Trust Fund created under s. 420.56 for the
86 purpose of allowing a landlord to hold a dwelling unit for a
87 period of time, and still be compensated for the time that the
88 dwelling unit is vacant, until the veteran is able to move into
89 the dwelling unit. Such trust fund provides proportional rent to
90 eligible landlords for a period of up to 45 days after the date
91 the dwelling unit becomes available or until the actual date
92 that the veteran moves into the dwelling unit, whichever is
93 sooner.
94 (b) To apply for funding under paragraph (a), a landlord
95 must submit all required documentation to the contracted program
96 administrator within 60 days after the veteran moves into the
97 dwelling unit. The case manager assigned to the veteran must
98 assist the contracted program administrator by facilitating
99 trust fund requests from landlords and documentation compliance.
100 The contracted program administrator must maintain all

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CS/CS/HB 1481 2026

101 documentation required under this subsection and provide the
102 corporation with a certification of eligibility, tenancy dates,
103 and verified costs within the timeframe established by the
104 corporation by rule. At a minimum, a landlord must submit
105 documentation to the contracted program administrator in the
106 form and manner established by the corporation. Required
107 supporting documentation necessary to confirm eligibility for
108 reimbursement and oversight must be maintained by the entity
109 responsible for case management or rental assistance
110 administration in the HUD-Veterans Affairs Supportive Housing
111 program.
112 (c) The corporation may rely on certifications,
113 determinations, and documentation provided by public housing
114 authorities, the United States Department of Veterans Affairs,
115 providers of Supportive Services for Veteran Families,
116 continuums of care, or other entities responsible for
117 administering or supporting the functions of the HUD-Veterans
118 Affairs Supportive Housing program. The corporation's reliance
119 on such certifications, determinations, and documentation
120 satisfies the corporation's oversight and evaluation
121 responsibilities of the functions, activities, and outcomes for
122 the pilot program.
123 (5)(a) If a veteran moves out of the dwelling unit during
124 the first 12 months of a year-to-year rental agreement or after
125 the expiration of a rental agreement for any duration, the

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126 landlord may apply to the contracted program administrator for
127 funding from the Vacancy Relief and Risk Mitigation Trust Fund
128 created under s. 420.56 to cover property loss at the dwelling
129 unit caused by the veteran which extends beyond the amount of
130 the deposit money. The landlord may apply for up to $2,000
131 beyond the deposit money.
132 (b) To apply for funding under paragraph (a), a landlord
133 must submit all required documentation to the contracted program
134 administrator within 60 days after the veteran moves out of the
135 dwelling unit. The case manager assigned to the veteran must
136 assist the contracted program administrator by facilitating
137 trust fund requests from landlords and documentation compliance.
138 The contracted program administrator must maintain all
139 documentation required under this subsection and provide the
140 corporation, within the timeframe established by rule, a
141 certification of eligibility, tenancy dates, verified damage
142 amounts, and verified costs. Required supporting documentation
143 necessary to confirm eligibility for reimbursement and oversight
144 must be maintained by the entity responsible for case management
145 or rental assistance administration in the HUD-Veterans Affairs
146 Supportive Housing program.
147 (c) After the veteran vacates the dwelling unit, the
148 landlord must provide a copy of the move-out checklist with
149 current photos of the dwelling unit and a copy of the written
150 notice provided to the veteran by the landlord in accordance

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151 with s. 83.49(3)(a).
152 (d) A landlord may apply for funding under paragraph (a)
153 only if the landlord previously applied for funding under
154 paragraph (4)(a).
155 (6) Funding for the pilot program is limited, and the
156 corporation shall award funds on a first-come, first-served
157 basis. The corporation may suspend acceptance of applications
158 when available appropriations are fully obligated. The
159 corporation must notify contracted program administrators if
160 intake of applications is suspended and when intake of
161 applications is resumed.
162 (7) The corporation shall adopt rules to implement this
163 section.
164 Section 2. This act shall take effect July 1, 2026, if HB
165 1483 or similar legislation is adopted in the same legislative
166 session or an extension thereof and becomes a law.

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COMMERCE COMMITTEE

CS/CS/HB 1481 by Rep. Rosenwald and Rep. Daley
Housing for Veterans

AMENDMENT SUMMARY
February 24, 2026

Amendment #677957 by Rep. Rosenwald (Lines 85-166):
• Removes references to linked bill that created the Trust Fund.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1481 (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 Rosenwald offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 85-166 and insert:
6 Risk Mitigation Trust Fund for the purpose of allowing a
7 landlord to hold a dwelling unit for a period of time, and still
8 be compensated for the time that the dwelling unit is vacant,
9 until the veteran is able to move into the dwelling unit. Such
10 trust fund provides proportional rent to eligible landlords for
11 a period of up to 45 days after the date the dwelling unit
12 becomes available or until the actual date that the veteran
13 moves into the dwelling unit, whichever is sooner.
14 (b) To apply for funding under paragraph (a), a landlord
15 must submit all required documentation to the contracted program
16 administrator within 60 days after the veteran moves into the
677957 - h1481-line85.docx
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1481 (2026)
Amendment No.

17 dwelling unit. The case manager assigned to the veteran must
18 assist the contracted program administrator by facilitating
19 trust fund requests from landlords and documentation compliance.
20 The contracted program administrator must maintain all
21 documentation required under this subsection and provide the
22 corporation with a certification of eligibility, tenancy dates,
23 and verified costs within the timeframe established by the
24 corporation by rule. At a minimum, a landlord must submit
25 documentation to the contracted program administrator in the
26 form and manner established by the corporation. Required
27 supporting documentation necessary to confirm eligibility for
28 reimbursement and oversight must be maintained by the entity
29 responsible for case management or rental assistance
30 administration in the HUD-Veterans Affairs Supportive Housing
31 program.
32 (c) The corporation may rely on certifications,
33 determinations, and documentation provided by public housing
34 authorities, the United States Department of Veterans Affairs,
35 providers of Supportive Services for Veteran Families,
36 continuums of care, or other entities responsible for
37 administering or supporting the functions of the HUD-Veterans
38 Affairs Supportive Housing program. The corporation's reliance
39 on such certifications, determinations, and documentation
40 satisfies the corporation's oversight and evaluation

677957 - h1481-line85.docx
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1481 (2026)
Amendment No.

41 responsibilities of the functions, activities, and outcomes for
42 the pilot program.
43 (5)(a) If a veteran moves out of the dwelling unit during
44 the first 12 months of a year-to-year rental agreement or after
45 the expiration of a rental agreement for any duration, the
46 landlord may apply to the contracted program administrator for
47 funding from the Vacancy Relief and Risk Mitigation Trust Fund
48 to cover property loss at the dwelling unit caused by the
49 veteran which extends beyond the amount of the deposit money.
50 The landlord may apply for up to $2,000 beyond the deposit
51 money.
52 (b) To apply for funding under paragraph (a), a landlord
53 must submit all required documentation to the contracted program
54 administrator within 60 days after the veteran moves out of the
55 dwelling unit. The case manager assigned to the veteran must
56 assist the contracted program administrator by facilitating
57 trust fund requests from landlords and documentation compliance.
58 The contracted program administrator must maintain all
59 documentation required under this subsection and provide the
60 corporation, within the timeframe established by rule, a
61 certification of eligibility, tenancy dates, verified damage
62 amounts, and verified costs. Required supporting documentation
63 necessary to confirm eligibility for reimbursement and oversight
64 must be maintained by the entity responsible for case management

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1481 (2026)
Amendment No.

65 or rental assistance administration in the HUD-Veterans Affairs
66 Supportive Housing program.
67 (c) After the veteran vacates the dwelling unit, the
68 landlord must provide a copy of the move-out checklist with
69 current photos of the dwelling unit and a copy of the written
70 notice provided to the veteran by the landlord in accordance
71 with s. 83.49(3)(a).
72 (d) A landlord may apply for funding under paragraph (a)
73 only if the landlord previously applied for funding under
74 paragraph (4)(a).
75 (6) Funding for the pilot program is limited, and the
76 corporation shall award funds on a first-come, first-served
77 basis. The corporation may suspend acceptance of applications
78 when available appropriations are fully obligated. The
79 corporation must notify contracted program administrators if
80 intake of applications is suspended and when intake of
81 applications is resumed.
82 (7) The corporation shall adopt rules to implement this
83 section.
84 Section 2. This act shall take effect July 1, 2026.
85
86 -----------------------------------------------------
87 T I T L E A M E N D M E N T
88 Remove line 32 and insert:
89 rules; providing an effective date.
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CS/CS/HB 1521
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 1521 COMPANION BILL: CS/SB 1004 (Gaetz)
TITLE: Domestic Animals LINKED BILLS: None
SPONSOR(S): Weinberger RELATED BILLS: None
Committee References
Industries & Professional Budget Commerce
Activities  26 Y, 0 N, As CS 
17 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill requires the Florida Department of Law Enforcement (FDLE), by January 1, 2027, to post specified
information on its website regarding individuals that have been convicted of cruelty to animals. The bill requires
the Department of Business and Professional Regulation (DBPR) to develop and publish on its website a list of
voluntary best management practices for dog breeders, recommending the minimum standards of care for the
breeding, feeding, housing, health, enrichment, recordkeeping, selling, financing, and transferring of dogs in the
state. The bill creates the Dog Awareness and Welfare Guidelines (DAWG) Breeder Program to recognize breeders
who voluntarily adopt and implement the best management practices for dog breeders.

The bill modifies provisions governing the sale of cats and dogs in the state. Specifically, the bill imposes additional
requirements on pet dealers; extends certain notification time frames related to the sale of an ill or unfit animal;
and clarifies jurisdiction and remedies for disputes over the sale of an animal.

The bill also requires DBPR to maintain on its website information relating to animal cruelty and abuse, and
instructions on how to report suspected abuse to the appropriate local authority.

Fiscal or Economic Impact:
The bill does not include an appropriation. However, the bill authorizes DBPR, subject to appropriation, to inspect
an applicant’s breading program. The bill requires that all feels collected be deposited in the Professional
Regulation Trust Fund withing DBPR. Further, the bill authorizes DBPR to contract with and designate local law
enforcement, animal services, and other entities to perform inspections or related investigative activities.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Animal Cruelty
The bill expands the information that the Florida Department of Law Enforcement (FDLE) must include on its
website for a person convicted of animal cruelty, before January 1, 2027. The information is expanded to include,
all aliases, date of birth, race, counties of conviction, charges, case numbers, depositions, description of any
identifying marks and tattoos, and a photograph taken at the time of booking related to the animal cruelty offense
of each individual convicted of cruelty to animals. (Section 1)

STORAGE NAME: h1521c.COM
DATE: 2/20/2026
1
CS/CS/HB 1521
Best Management Practices for Dog Breeders
The bill directs the Department of Business and Professional Regulation (DBPR) to develop and publish on its
website a list of voluntary best management practices for dog breeders. These practices are intended to
recommend minimum standards of care related to animal care, facility operations, and breeding practices in the
state. However, the bill does not require dog breeders to adopt or comply with the recommended best
management practices. (Section 2)

Specifically, DBPR must develop best management practices addressing the following areas:
 Breeding;
 Feeding;
 Housing;
 Health;
 Enrichment;
 Selling and transferring; and
 Record keeping. (Section 2)

In addition to the recommended best management practices for dog breeders, the bill requires DBPR to develop
and publish information for the public on how to identify whether a breeder is adhering to the recommended
practices, including a checklist for consumers to use when purchasing a dog. (Section 2)

Dog Awareness and Welfare Guidelines (DAWG) Breeder Program
The bill creates the Dog Awareness and Welfare Guidelines (DAWG) Breeder Program to recognize dog breeders
who voluntarily adopt and implement the best management practices for breeders. The DAWG Breeder Program is
administered by DBPR. (Section 3)

A dog breeder who voluntarily adopts the best management practices and seeks certification as a DAWG Breeder
must:
 Submit an application;
 Voluntarily submit to an inspection by DBPR or its designee; and
 Pay the actual cost of such inspection. (Section 3)

Subject to appropriation, DBPR or its designee may conduct an inspection of an applicant’s dog breeding program.
DBPR may contract with and designate local law enforcement or animal services, or any other public or private
entity that regularly conducts animal welfare investigations. Private service providers may include veterinarians
who have been licensed for at least ten years and who currently have a Florida license in good standing. If
sufficient resources are not available, an applicant to the DAWG Breeder Program may either wait until such
resources become available or contract with a private service provider designated and approved by DBPR. (Section
3)

Upon inspection, if DBPR determines that the dog breeder has voluntarily adopted and implemented the best
management practices for dog breeding, the department must issue the breeder a DAWG Breeder Certificate. Once
certified, a DAWG Breeder may identify themselves as such in their professional practice, including in marketing
and advertising materials. (Section 3)

A DAWG Breeder Certificate is valid for two years. However, DBPR may suspend or revoke a DAWG Breeder’s
certification if the department determines that the breeder has failed to maintain the best management practices.
(Section 3)

Consumer Protections
The bill revises ch. 828.29, F.S., governing the sale of cats and dogs to strengthen consumer protections and
promote animal welfare throughout the state. Specifically, the bill:
 Extends the return or exchange period for an ill or unfit animal from 14 days to 30 days.
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2
CS/CS/HB 1521
 Extends the timeframe within which a consumer must notify the pet dealer and provide documentation
that an animal is unfit following such diagnosis, from two business days to seven days.
 Clarifies that a consumer may seek reimbursement from a pet dealer for emergency medical services and
treatment provided to alleviate the suffering of an ill or unfit animal.
 Expressly prohibits a consumer from returning or exchanging, or otherwise seeking reimbursements, for
an animal with a congenital or hereditary disorder, based solely on such disorder, if the pet dealer notified
the consumer that the animal had such disorder at the time of the sale.
 Clarifies that jurisdiction over disputes regarding the return of an ill or unfit animal includes the county
court or the small claims court division in the county where the consumer resides.
 Authorizes the consumer to recover up to $2,500 in punitive damages in a dispute involving the return of
an ill or unfit animal. (Section 4)

The bill also imposes additional requirements on pet dealers, including that the pet dealer must:
 Disclose all financial terms to the consumer before the sale of an animal.
 Ensure that any pet financing arrangement is terminated without penalty to the consumer when an animal
is determined to be unfit for purchase due to illness or disease.
 Retain copies of all records given to the consumer for a minimum of three years. (Section 4)

The bill revises the technical and substantive requirements for the notice that every pet dealer must provide to a
consumer at the time of the sale. The notice must:
 Be separate from the sales contract.
 Be printed, in 14-point bold font.
 Be signed by the consumer.
 Specifically inform the consumer of their rights to return the animal, exchange the animal, and receive
reimbursement for certain veterinary expenses under certain circumstances.
 Further, the pet dealer must retain a signed copy of the notice and give the consumer a copy. (Section 4)

The bill amends the definition of “pet dealer” as used in s. 828.29, F.S., to exclude not-for-profit entities that offer
animals for sale or adoption for a fee that not exceeding $500, inclusive of all taxes, fees, and other costs. (Section
4)

The bill requires DBPR to maintain information on its website relating to animal cruelty and abuse, including
instructions for reporting suspected abuse to the appropriate local authority. Such information must include a
description of conduct that constitutes animal cruelty, the penalties for such conduct, and contact information for
at least one appropriate authority in each county in the state. (Section 2)

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

RULEMAKING:
Currently, the Department of Business and Professional Regulation has the authority to adopt rules as necessary,
pursuant to ss. 120.536 (1) and 120.54, F.S., to implement the regulatory requirements of any profession within
the department’s jurisdiction which does not have a statutorily authorized regulatory board.1 The bill specifies that
such authority extends as necessary to create and implement the DAWG Breeder Program.

1 S. 455.2035, F.S.

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CS/CS/HB 1521
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill does not include an appropriation. However, the bill authorizes DBPR, subject to appropriation, to inspect
an applicant’s breading program. Further, the bill authorizes DBPR to contract with and designate local law
enforcement, animal services, and other entities to perform inspections or related investigative activities.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Sale of Domestic Animals
Florida does not currently regulate the breeding of domestic animals.2 However, s. 828.29, F.S., provides
restrictions on the sale of cats and dogs within the state, including requirements related to the animals being sold,
the actions of the seller, and the conditions under which sales may occur.

A “pet dealer” is any person, firm, partnership, corporation, or other association that, in the ordinary course of
business, sells more than two litters or 20 dogs or cats per year, whichever is greater, to the public. This includes
breeders who sell animals directly to consumers.3

In Florida, all cats and dogs sold, offered for sale, or transported into the state must be at least 8 weeks of age.4

Required Medical Treatment and Documentation
Currently, all dogs and cats sold or transported into the state are required to receive tests, vaccines, and
antiparasitic treatments under the supervision of a licensed veterinarian at least 14-30 days prior to the animal
entering the state.5 Animals offered for sale within the state must also be treated before sale, unless a veterinarian
certifies that such treatment would not be in the animal’s best medical interest.6 All dogs and cats sold, or offered
for sale, within the state must be accompanied by a current official certificate of veterinary inspection7 at all times,
detailing all medical treatment that the animal has received. The examining veterinarian must retain a copy of the
official certificate of veterinary inspection for at least one year. The seller must provide a copy of the certificate to
the buyer, and retain a copy for at least one year following the sale of the animal.8

Required Notice
Every pet dealer who sells an animal to a consumer must provide the consumer with a written notice at the time of
sale. The notice must read as follows:9

It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of
veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all
vaccines and deworming medications administered to the animal and shall state that the animal has

2 “Domestic animal” includes any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or

other domesticated beast or bird. S. 585.01(11), F.S.
3 S. 828.29(13), F.S.
4 S. 828.29(4), F.S.
5 S. 828.29(1)(a) and (2)(a), F.S.
6 S. 828.29(1)(b) and (2)(b), F.S.
7 An official certificate of veterinary inspection is a document signed by a veterinarian licensed in the state of origin and

accredited by the U.S. Department of Agriculture. It must include the animal’s age, sex, breed, color, and health record; the
names and addresses of the seller and purchaser; and the examining veterinarian’s name and license number. It must also list
all vaccines and deworming treatments administered with specificity. The examining veterinarian must certify that, to the best
of their knowledge, the animal shows no signs of contagious or infectious disease and no evidence of internal or external
parasites, excluding fleas and ticks. S. 828.29(3)(b), F.S.
8 S. 828.29(3), F.S.
9 S. 828.29(12), F.S.

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CS/CS/HB 1521
been examined by a Florida-licensed veterinarian who certifies that, to the best of the veterinarian's
knowledge, the animal was found to have been healthy at the time of the veterinary examination. In
the event that the consumer purchases the animal and finds it to have been unfit for purchase as
provided in section 828.29(5), Florida Statutes, the consumer must notify the pet dealer within 2
business days of the veterinarian's determination that the animal was unfit. The consumer has the
right to retain, return, or exchange the animal and receive reimbursement for certain related
veterinary services rendered to the animal, subject to the right of the dealer to have the animal
examined by another veterinarian.

Consumer Protections
Under Florida’s Lemon Pet law, consumers who purchase dogs or cats from pet dealers are entitled to specified
remedies if the animal is later determined to be unfit for purchase. An animal may be deemed unfit for purchase
after sale if:10
 Within 14 days of sale, a veterinarian certifies that the animal was ill, showing signs of contagious or
infectious disease, or had internal or external parasites, excluding fleas or ticks.
 Within 1 year of the sale, a veterinarian certifies that the animal has a congenital or hereditary disorder
adversely affecting the health of the animal.
 Within 1 year of the sale, the consumer discovers that the pet dealer misrepresented the breed, sex, or
health of the animal.

However, an animal may not be deemed unfit for sale based on an injury or illness that occurs after the consumer
takes possession of the animal. Further, the presence of intestinal parasites alone does not render an animal unfit,
unless the animal is clinically ill as a result of the condition.11

Right to Refund or Exchange of Animal
If a dog or cat sold by a pet dealer is determined to be unfit for purchase, the consumer may choose to:
 Return the animal for a refund, including sales tax and reasonable12 veterinary costs;13
 Return the animal for an exchange of equivalent value and receive reimbursement of reasonable veterinary
costs;14 or
 Keep the animal and receive reimbursement for reasonable veterinary costs related to treatment or
attempts to cure the animal.15
However, reimbursement for veterinary costs may not exceed the purchase price the consumer paid for the
animal.16

Congenital or Hereditary Disorders
At the time of purchase, a consumer may sign a waiver relinquishing the right to return a dog or car due to a
congenital or hereditary disorder. If such waiver is signed, the consumer has 48 normal business hours, excluding
weekends and holidays, to have the animal examined by a licensed veterinarian of the consumer’s choosing. If the
veterinarian certifies that, at the time of sale, the dog or cat was unfit for purchase due to congenital or hereditary
disorder, the pet dealer must allow the consumer to either:17
 Return the animal and receive a refund of the purchase price, including sales tax, but not including
veterinary costs; or

10 S. 828.29(5), F.S.
11 S. 828.29(9), F.S.
12 The cost of veterinary treatment is considered reasonable if it is comparable to the cost charged by other nearby licensed

veterinarians for the same services. S. 828.29(5), F.S.
13 S. 828.29(5)(a), F.S.
14 S. 828.29(5)(b), F.S.
15 S. 828.29(5)(c), F.S.
16 S. 828.29(5), F.S.
17 S. 828.29(6), F.S.

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5
CS/CS/HB 1521
 Return the animal and receive an exchange of the consumer’s choice of equivalent value, with no
reimbursement for veterinary costs.

However, if the pet dealer notified the consumer in writing at the time of the sale that the animal had a specific
congenital or hereditary disorder, the consumer has no right to any refund or exchange for those disorders.18

Refund or Exchange Timeline and Notice Requirements
Upon receiving a veterinarian’s determination that an animal is unfit for purchase, the consumer must notify the
pet dealer within two business days. The written certification of unfitness must be submitted to the pet dealer no
more than three business days after the consumer receives it.19

If a consumer that is entitled to return or exchange the animal elects to exercise that right, the pet dealer must
provide the refund or exchange within 10 business days after receiving the signed veterinary certification.20

Challenged Refund or Exchange
If a pet dealer wishes to contest a consumer’s demand for veterinary expenses, a refund, or an exchange, the dealer
may require the consumer to produce the animal for examination by a licensed veterinarian of the pet dealer’s
choice. However, if the consumer and the pet dealer are unable to reach an agreement within ten business days
after the dealer’s receipt of the animal for examination, the consumer may initiate an action in a court of competent
jurisdiction to recover or obtain reimbursement of veterinary expenses, a refund, or an exchange. 21

Dog Breeding
Dog breeding refers to the practice of mating selected dogs with the intention of producing puppies that possess
particular genetic traits and characteristics. Currently, Florida does not regulate dog breeding, leaving oversight of
breeder practices largely unmonitored. However, many other states have established various regulatory
frameworks to protect animal welfare, including implementing breeder licensing requirements, mandatory
standards for housing and care, and periodic inspections to ensure compliance with animal welfare laws.22

Beyond regulatory oversight, programs recognizing breeder excellence are becoming increasingly common. These
programs reward breeders who adhere to high standards of animal care, health, and ethical breeding practices. For
example, in 2013, Purdue University’s College of Veterinary Medicine created the Canine Care Certified Standards.
This voluntary, nationwide program provides science-based, peer-reviewed guidelines for breeders to ensure the
physical and behavioral health of dogs in the care of breeders. The Canine Care Certified program emphasizes five
key pillars of care: physical health, behavioral health, environment, breeding life and retirement, and caretaker
expectations. Today, 208 breeders across the country are Canine Care Certified.23

Similarly, in 2020, Minnesota launched a statewide breeder excellence program to recognize commercial breeders
demonstrating outstanding practices in five categories: behavior and socialization, facility management, health
screening, illness specific testing, and continuing education.24

18 S. 828.29(7), F.S.
19 S. 828.29(8), F.S.
20 Id.
21 S. 828.29(10), F.S.
22 See American Society for the Prevention of Cruelty to Animals, State Puppy Mill Chart,

https://www.aspca.org/sites/default/files/puppy-mill-chart.pdf (last visited Feb. 1, 2026).
23 Purdue University, College of Veterinary Medicine, Canine Care Certified, https://vet.purdue.edu/ccc/ (last visited Feb. 1,

2026).
24 Minnesota Board of Animal Health, Breeder Excellence Program, https://www.bah.state.mn.us/breeder-excellence (last

visited Feb. 1, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
CS/CS/HB 1521
Animal Cruelty
In Florida, animal cruelty includes any act, omission, or neglect that causes unnecessary or unjustifiable pain or
suffering to any living animal.25 A person commits the offense of animal cruelty, a first degree misdemeanor,
punishable by up to one year in county jail, a fine of not more than $5,000, or both, if he or she:26
 Unnecessarily overloads, overdrives, torments, mutilates, or kills an animal;
 Deprives an animal of necessary sustenance or shelter;
 Causes any of the above to be done to an animal; or
 Carries an animal in or upon a vehicle, or otherwise, in a cruel or inhumane manner.

A person commits the offense of aggravated animal cruelty, a third degree felony, punishable by up to five years in
prison, a fine of not more than $10,000, or both, by intentionally committing an act on an animal, or failing to act if
the person owns and has custody and control of the animal, and such action or omission:27
 Results in the cruel death of the animal;
 The excessive or repeated infliction of unnecessary pain or suffering on the animal; or
 Causes the same to be done to the animal.

A person who is convicted of animal cruelty or aggravated animal cruelty may be prohibited from owning,
possessing, keeping, harboring, or having custody or control over any animal for a period of time as determined by
a court.28

The Florida Department of Law Enforcement is required to post on its website, in a searchable format as
prescribed by the department, the names of those individuals who have been convicted of animal cruelty.29

OTHER RESOURCES:
Animal Welfare Act and Animal Welfare Regulations

25 S. 828.02, F.S.
26 S. 828.12(1), F.S.
27 S. 828.12(2), F.S.
28 S. 828.12(6), F.S.
29 S. 828.12(7), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
CS/CS/HB 1521
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 17 Y, 0 N, As CS 2/5/2026 Anstead Bunnell
Subcommittee
THE CHANGES ADOPTED BY THE  Established the DAWG Breeder Program.
COMMITTEE:  Increased consumer protections in pet sales.
 Required the Department of Agriculture and Consumer Services to
maintain certain information on its website.
 Removed provisions related to animal shelters.
 Removed provision creating a civil cause of action for consumers.
 Removed provision making a violation of s. 828.29, F.S., a violation of
the Florida Deceptive and Unfair Trade Practices Act.
Budget Committee 26 Y, 0 N, As CS 2/16/2026 Pridgeon Helpling

THE CHANGES ADOPTED BY THE  Changed the responsible agency from the Department of Agriculture
COMMITTEE: and Consumer Services to the Department of Business and Professional
Regulation.
 Required collected fees to be deposited in the Professional Regulation
Trust Fund within DBPR.
 Required FDLE to post on its website additional information regarding
individuals convicted of animal cruelty.
Commerce Committee Hamon Bunnell

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
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 1521 2026

1 A bill to be entitled
2 An act relating to domestic animals; amending s.
3 828.12, F.S.; requiring the Department of Law
4 Enforcement to post on its website specified
5 information for individuals convicted of specified
6 animal cruelty offenses; creating s. 828.291, F.S.;
7 providing purpose; providing construction; requiring
8 the Department of Business and Professional Regulation
9 to develop voluntary best management practices for dog
10 breeders in this state; requiring the department to
11 post certain information on its website; creating s.
12 828.2911, F.S.; requiring the department to establish
13 the voluntary Dog Awareness and Welfare Guidelines
14 (DAWG) Breeding Program; providing requirements for
15 participation in the program; providing for the
16 issuance, suspension, revocation, and use of program
17 certificates; providing for the deposit of certain
18 fees; requiring the department to adopt rules;
19 amending s. 828.29, F.S.; extending the period of time
20 after the sale of an animal that a consumer may return
21 or exchange the animal and receive a refund or receive
22 reimbursement for certain costs; requiring that a pet
23 sale financing agreement be terminated without penalty
24 under certain circumstances; removing a limit on
25 veterinary costs under certain circumstances;

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CS/CS/HB 1521 2026

26 requiring all financial terms be disclosed to the
27 consumer before the sale of an animal; removing
28 certain provisions relating to a consumer's waiver
29 relinquishing his or her rights to return an animal;
30 requiring a pet dealer to provide copies of specified
31 medical records to a consumer; revising requirements
32 for a required notice to a consumer; revising the text
33 of the required notice; revising the definition of the
34 term "pet dealer"; requiring a pet dealer to retain a
35 copy of certain records for a specified period;
36 providing construction; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (7) of section 828.12, Florida
41 Statutes, is amended, and subsection (8) is added to that
42 section, to read:
43 828.12 Cruelty to animals.—
44 (7) Before Beginning January 1, 2027 2026, the Department
45 of Law Enforcement shall post on its website, in a searchable
46 format prescribed by the department, the name and all aliases,
47 date of birth, race, counties of conviction, charges, case
48 numbers, dispositions, description of any identifying marks and
49 tattoos, and a photograph taken at the time of booking related
50 to the animal cruelty offense of each individual names of those

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51 individuals who has have been convicted of, or who has have
52 entered a plea of guilty or nolo contendere to, regardless of
53 adjudication, a violation of this section.
54 (8) Each clerk of court and county detention facility
55 shall provide the Department of Law Enforcement with the
56 information, data, and images required under subsection (7).
57 Section 2. Section 828.291, Florida Statutes, is created
58 to read:
59 828.291 Best management practices for dog breeding.—
60 (1) The purpose of this section is to allow voluntary
61 participation in best management practices for minimum standards
62 of care, facility operations, and breeding practices for
63 individuals or entities engaged in the breeding of dogs in order
64 to protect animal welfare, promote responsible breeding, and
65 ensure the health and safety of animals and consumers.
66 (2) This section may not be construed to prohibit a local
67 jurisdiction from implementing requirements for individuals or
68 entities engaged in the breeding of dogs.
69 (3) The Department of Business and Professional Regulation
70 shall develop best management practices that individuals or
71 entities engaged in the breeding of dogs may voluntarily adopt
72 and implement. Such best management practices must include
73 minimum standards of care, facility operations, and breeding
74 practices for individuals or entities engaged in the breeding of
75 dogs, including, but not limited to, the following:

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76 (a) Breeding.
77 (b) Feeding.
78 (c) Housing.
79 (d) Health.
80 (e) Enrichment.
81 (f) Selling and transferring, in accordance with s.
82 828.29.
83 (g) Recordkeeping, in accordance with s. 828.29.
84 (4) The department shall post on its website guidance for
85 the public about how to identify the dog breeders that are
86 following best breeder practices and provide a checklist to use
87 when purchasing a dog.
88 (5) The department shall post on its website information
89 regarding animal cruelty, including a description of conduct
90 constituting animal cruelty under ss. 828.12 and 828.13, the
91 penalties for such conduct, and instructions for reporting
92 suspected animal cruelty or abuse to the appropriate local
93 authorities, including the contact information for at least one
94 appropriate authority for each county in the state.
95 Section 3. Section 828.2911, Florida Statutes, is created
96 to read:
97 828.2911 Dog Awareness and Welfare Guidelines (DAWG)
98 Breeder Program.—
99 (1) The Department of Business and Professional Regulation
100 shall establish the Dog Awareness and Welfare Guidelines (DAWG)

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101 Breeder Program to recognize dog breeders who have voluntarily
102 adopted and implemented the best management practices for dog
103 breeding. The department shall certify any individual or entity
104 that the department has determined has voluntarily adopted and
105 implemented the best management practices for dog breeding
106 pursuant to s. 828.291 and who has complied with this section.
107 Such certification is valid for 2 years and dog breeders may
108 reapply at the expiration of such certification.
109 (2) Participants in the DAWG Breeder Program must agree to
110 submit to inspection by the department or its designee and pay
111 the actual cost of the inspection. Subject to appropriations,
112 the department or its designee may conduct an inspection of the
113 applicant's dog breeding program, including, but not limited to,
114 all animals located on an applicant's premises, the breeding and
115 housing facilities for such animals, and any health records or
116 records of sale for such animals maintained by the applicant.
117 (a) The department may contract with and designate local
118 law enforcement or animal services, if local staff and resources
119 are available, or any other public or private entity that the
120 department determines regularly conducts animal welfare
121 investigations to perform inspections or related investigative
122 activities. Private service providers may include Florida-
123 licensed veterinarians currently in good standing who have been
124 licensed for at least 10 years.
125 (b) Local governments or enforcement authorities may

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126 contract with the department to conduct dog breeder inspections,
127 subject to the availability of local funding, staff, and
128 resources. If the local government or enforcement authority
129 lacks the staff or resources to perform dog breeder inspections,
130 such inspections may be conducted by a private provider
131 designated and approved by the department, provided that the
132 breeder pays the cost of the inspection.
133 (c) If sufficient resources are not available, the
134 applicant must wait until such resources are available or
135 contract with a private provider designated and approved by the
136 department in order to obtain certification.
137 (3) If the applicant passes inspection, the department
138 must provide the applicant a DAWG Breeder Program certificate.
139 (4) The department may suspend or revoke the certification
140 of any DAWG-certified dog breeder at any time if the department
141 discovers that the breeder has failed to maintain the best
142 management practices created pursuant to s. 828.291.
143 (5) A dog breeder that is certified by the program may
144 identify the certification in the breeder's professional
145 practice, including in marketing and advertising materials.
146 (6) Recognition by the program is not required for a dog
147 breeder to engage in dog breeding in this state.
148 (7) Any fees collected pursuant to this section shall be
149 deposited in the Professional Regulation Trust Fund within the
150 department.

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151 (8) The department shall adopt rules to implement this
152 section.
153 Section 4. Subsections (5) through (8), (10), (12), (13),
154 and (17) of section 828.29, Florida Statutes, are amended, and
155 subsection (18) is added to that section, to read:
156 828.29 Dogs and cats transported or offered for sale;
157 health requirements; consumer guarantee; disclosures. —
158 (5) If, within 30 14 days after following the sale by a
159 pet dealer of an animal subject to this section, a licensed
160 veterinarian of the consumer's choosing certifies that, at the
161 time of the sale, the animal was unfit for purchase due to
162 illness or disease, the presence of symptoms of a contagious or
163 infectious disease, or the presence of internal or external
164 parasites, excluding fleas and ticks; or if, within 1 year after
165 following the sale of an animal subject to this section, a
166 licensed veterinarian of the consumer's choosing certifies such
167 animal to be unfit for purchase due to a congenital or
168 hereditary disorder which adversely affects the health of the
169 animal; or if, within 1 year after following the sale of an
170 animal subject to this section, the breed, sex, or health of
171 such animal is found to have been misrepresented to the
172 consumer, the pet dealer shall afford the consumer the right to
173 choose one of the following options:
174 (a) The right to return the animal and receive a refund of
175 the purchase price, including any interest accrued and the sales

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176 tax or fees paid or due from the purchaser, and reimbursement
177 for reasonable veterinary costs directly related to the
178 veterinarian's examination and certification that the animal dog
179 or cat is unfit for purchase pursuant to this section or and
180 directly related to necessary emergency services and treatment
181 undertaken to relieve suffering of the animal. If the consumer
182 financed the animal pursuant to a financing agreement with the
183 pet dealer, the pet dealer must ensure that the financing
184 arrangement is terminated without penalty to the consumer;
185 (b) The right to return the animal and receive an exchange
186 dog or cat of the consumer's choice of equivalent value, and
187 reimbursement for reasonable veterinary costs directly related
188 to the veterinarian's examination and certification that the
189 animal dog or cat is unfit for purchase pursuant to this section
190 or and directly related to necessary emergency services and
191 treatment undertaken to relieve suffering of the animal; or
192 (c) The right to retain the animal and receive
193 reimbursement for reasonable veterinary costs for necessary
194 services and treatment related to the attempt to cure or curing
195 of the animal, or necessary emergency services or treatment
196 undertaken to relieve the suffering of the animal related to
197 such services received within 1 year after purchase dog or cat.
198
199 Reimbursement for veterinary costs may not exceed the purchase
200 price of the animal. The cost of veterinary services is

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201 reasonable if such costs are comparable to the cost of similar
202 services rendered by other licensed veterinarians in proximity
203 to the treating veterinarian and the services rendered are
204 related to the examination and appropriate for the certification
205 of fitness by the veterinarian.
206 (6) All financial terms must be disclosed by the pet
207 dealer to the consumer before the sale of an animal, including
208 the total cost of the animal, any fees, taxes, and, if
209 applicable, financing charges or interest over the period
210 financed
211 (6) A consumer may sign a waiver relinquishing his or her
212 right to return the dog or cat for congenital or hereditary
213 disorders. In the case of such waiver, the consumer has 48
214 normal business hours, excluding weekends and holidays, in which
215 to have the animal examined by a licensed veterinarian of the
216 consumer's choosing. If the veterinarian certifies that, at the
217 time of sale, the dog or cat was unfit for purchase due to a
218 congenital or hereditary disorder, the pet dealer must afford
219 the consumer the right to choose one of the following options:
220 (a) The right to return the animal and receive a refund of
221 the purchase price, including sales tax, but excluding the
222 veterinary costs related to the certification that the dog or
223 cat is unfit; or
224 (b) The right to return the animal and receive an exchange
225 dog or cat of the consumer's choice of equivalent value, but not

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226 a refund of the veterinary costs related to the certification
227 that the dog or cat is unfit.
228 (7) Before the sale of an animal, a pet dealer must
229 provide to the consumer copies of records of all medical
230 examinations or tests that were conducted on the animal and any
231 medication given before the purchase of the animal. A pet dealer
232 may specifically state at the time of sale, in writing to the
233 consumer, the presence of specific congenital or hereditary
234 disorders, in which case the consumer has no right to any refund
235 or exchange for those identified disorders, if the consumer
236 signs a notification that indicates that the animal has been
237 examined by a veterinarian and it has been determined that the
238 animal has the identified specific congenital or hereditary
239 disorder.
240 (8) The refund or exchange required by subsection (5) must
241 or subsection (6) shall be made by the pet dealer not later than
242 10 business days after following receipt of a signed veterinary
243 certification as required in subsection (5) or subsection (6).
244 The consumer must provide notice and documentation to notify the
245 pet dealer within 7 2 business days after receipt of the
246 veterinarian's determination that the animal is unfit. The
247 written certification of unfitness must be presented to the pet
248 dealer not later than 3 business days following receipt thereof
249 by the consumer.
250 (10) If a pet dealer wishes to contest a demand for

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251 veterinary expenses, refund, or exchange made by a consumer
252 under this section, the dealer may require the consumer to
253 produce the animal for examination by a licensed veterinarian
254 designated by the dealer. Upon such examination, if the consumer
255 and the dealer are unable to reach an agreement that constitutes
256 one of the options set forth in subsection (5) or subsection (6)
257 within 10 business days after following receipt of the animal
258 for such examination, the consumer may initiate an action in a
259 court of competent jurisdiction or the small claims court of the
260 county court in which the consumer resides to recover or obtain
261 reimbursement of veterinary expenses and a, refund, or an
262 exchange, as set forth in subsection (5), and may collect
263 punitive damages in an amount not less than $2,500, at the
264 discretion of the court.
265 (12) Every pet dealer who sells an animal to a consumer
266 must provide the consumer at the time of sale with a printed,
267 written notice in 14-point bold font to be signed by the
268 consumer, printed or typed, which is separate from the contract.
269 The pet dealer shall retain a copy of the signed notice, and the
270 consumer must be given a copy of the signed notice. Such notice
271 must read reads as follows:
272
273 RIGHT TO CANCEL
274 Florida consumers have certain rights under s. 828.29,
275 Florida Statutes. You have the right to return the

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276 animal, exchange the animal, and receive reimbursement
277 for certain veterinary expenses under certain
278 circumstances. Please have your new pet seen by a
279 veterinarian immediately. A copy of this law is
280 attached to this notice.
281
282 It is the consumer's right, pursuant to section
283 828.29, Florida Statutes, to receive a certificate of
284 veterinary inspection with each animal dog or cat
285 purchased from a pet dealer. Such certificate shall
286 list all vaccines and deworming medications
287 administered to the animal and list any medical
288 diagnosis and treatments shall state that the animal
289 has been examined by a Florida-licensed veterinarian
290 who certifies that, to the best of the veterinarian's
291 knowledge, the animal was found to have been healthy
292 at the time of the veterinary examination. In the
293 event that the consumer purchases the animal and finds
294 it to have been unfit for purchase as provided in
295 section 828.29(5), Florida Statutes, the consumer must
296 notify the pet dealer within 7 2 business days of the
297 veterinarian's determination that the animal was
298 unfit. The consumer has the right to retain, return,
299 or exchange the animal and receive reimbursement for
300 certain related veterinary services rendered to the

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301 animal, subject to the right of the dealer to have the
302 animal examined by another veterinarian.
303
304 ...(Signature of Animal Owner or Lessee, Purchaser, or
305 Authorized Person)...
306
307 (13) For the purposes of this section subsections (5)-(12)
308 and (16), the term "pet dealer" means any person, firm,
309 partnership, corporation, or other association which, in the
310 ordinary course of business, engages in the sale of more than
311 three two litters, or 30 20 dogs or cats, per year, whichever is
312 greater, to the public. The term This definition includes
313 breeders of animals who sell such animals directly to a
314 consumer. The term does not include not-for-profit entities that
315 offer animals for sale or adoption as long as the total cost of
316 such sale or adoption does not exceed $500, including all taxes
317 and fees, or other costs.
318 (17) Except as otherwise provided in this chapter, a
319 person who violates any provision of this section commits a
320 misdemeanor of the first degree, punishable as provided in s.
321 775.082 or s. 775.083.
322 (18) Any record provided to a consumer related to the sale
323 of an animal under this section must be maintained by the pet
324 dealer for a period of at least 3 years after the date of sale.
325 Section 5. This act shall take effect July 1, 2026.

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CS/CS/HB 1521 by Rep. Weinberger
Domestic Animals

AMENDMENT SUMMARY
February 24, 2026

Amendment #968667 by Rep. Weinberger (strike):
• Aligns HB 1521 with SB 1004.
• Revises the definition of pet dealer to exclude not-for-profit entities that do not purchase
dogs or cats from a breeder or broker.
• Extends the length of time that pet dealers must retain records to 7 years.
• Provides that a violation of s. 828.29 is an unfair method of competition or an unfair or
deceptive action or practice under part II of chapter 501.
• Removes language creating the DAWG Breeder program.
• Makes technical, clarifying changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1521 (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 Weinberger offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Subsection (7) of section 828.12, Florida
7 Statutes, is amended, and subsection (8) is added to that
8 section, to read:
9 828.12 Cruelty to animals.—
10 (7) By Beginning January 1, 2027 2026, the Department of
11 Law Enforcement shall post on its website, in a searchable
12 format prescribed by the department, the names and any aliases,
13 the date of birth, the race, the counties of conviction, the
14 charges, the case numbers, the dispositions, the description of
15 any identifying marks and tattoos, and a photograph taken at the
16 time of booking related to the animal cruelty offense of each
968667 - h1521-strike.docx
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1521 (2026)
Amendment No.

17 individual those individuals who has have been convicted of, or
18 who has have entered a plea of guilty or nolo contendere to,
19 regardless of adjudication, a violation of this section.
20 (8) Each clerk of court and county detention facility must
21 provide the Department of Law Enforcement with the information,
22 data, and images required in subsection (7).
23 Section 2. Subsections (5) through (8), (10), (12), (13),
24 and (17) of section 828.29, Florida Statutes, are amended, and
25 subsections (18) and (19) are added to that section, to read:
26 828.29 Dogs and cats transported or offered for sale;
27 health requirements; consumer guarantee; disclosures.—
28 (5) If, within 30 14 days after following the sale by a
29 pet dealer of an animal subject to this section, a licensed
30 veterinarian of the consumer's choosing certifies that, at the
31 time of the sale, the animal was unfit for purchase due to
32 illness or disease, the presence of symptoms of a contagious or
33 infectious disease, or the presence of internal or external
34 parasites, excluding fleas and ticks; or if, within 1 year after
35 following the sale of an animal subject to this section, a
36 licensed veterinarian of the consumer's choosing certifies such
37 animal to be unfit for purchase due to a congenital or
38 hereditary disorder which adversely affects the health of the
39 animal; or if, within 1 year after following the sale of an
40 animal subject to this section, the breed, sex, or health of
41 such animal is found to have been misrepresented to the
968667 - h1521-strike.docx
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1521 (2026)
Amendment No.

42 consumer, the pet dealer shall afford the consumer the right to
43 choose one of the following options:
44 (a) The right to return the animal and receive a refund of
45 the purchase price, including any interest accrued and the sales
46 tax or fees paid or due from the purchaser, and reimbursement
47 for reasonable veterinary costs directly related to the
48 veterinarian's examination and certification that the animal dog
49 or cat is unfit for purchase pursuant to this section or and
50 directly related to necessary emergency services and treatment
51 undertaken to relieve the suffering of such animal. If the
52 consumer financed the animal pursuant to a financing agreement
53 with the pet dealer, the pet dealer must ensure that the
54 financing agreement is terminated without penalty to the
55 consumer;
56 (b) The right to return the animal and receive an exchange
57 animal dog or cat of the consumer's choice of equivalent value,
58 and reimbursement for reasonable veterinary costs directly
59 related to the veterinarian's examination and certification that
60 the animal dog or cat is unfit for purchase pursuant to this
61 section or and directly related to necessary emergency services
62 and treatment undertaken to relieve the suffering of such
63 animal; or
64 (c) The right to retain the animal and receive
65 reimbursement for reasonable veterinary costs for necessary
66 services and treatment related to the attempt to cure or curing
968667 - h1521-strike.docx
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Bill No. CS/CS/HB 1521 (2026)
Amendment No.

67 of the animal, or necessary emergency services or treatment
68 undertaken to relieve the suffering of such animal received
69 within 1 year after purchase dog or cat.
70
71 Reimbursement for veterinary costs may not exceed the purchase
72 price of the animal. The cost of veterinary services is
73 reasonable if comparable to the cost of similar services
74 rendered by other licensed veterinarians in proximity to the
75 treating veterinarian and the services rendered are appropriate
76 for the certification by the veterinarian.
77 (6) All financing terms must be disclosed by the pet
78 dealer to the consumer before the sale of the animal A consumer
79 may sign a waiver relinquishing his or her right to return the
80 dog or cat for congenital or hereditary disorders. In the case
81 of such waiver, the consumer has 48 normal business hours,
82 excluding weekends and holidays, in which to have the animal
83 examined by a licensed veterinarian of the consumer's choosing.
84 If the veterinarian certifies that, at the time of sale, the dog
85 or cat was unfit for purchase due to a congenital or hereditary
86 disorder, the pet dealer must afford the consumer the right to
87 choose one of the following options:
88 (a) The right to return the animal and receive a refund of
89 the purchase price, including sales tax, but excluding the
90 veterinary costs related to the certification that the dog or
91 cat is unfit; or
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92 (b) The right to return the animal and receive an exchange
93 dog or cat of the consumer's choice of equivalent value, but not
94 a refund of the veterinary costs related to the certification
95 that the dog or cat is unfit.
96 (7) Before the sale of an animal, a pet dealer must
97 provide to the consumer copies of records of all medical
98 examinations or tests that were conducted on the animal or any
99 medication given before the purchase of the animal. A pet dealer
100 may specifically state at the time of sale, in writing to the
101 consumer, the presence of specific congenital or hereditary
102 disorders, in which case the consumer has no right to any refund
103 or exchange for those identified disorders, if such consumer
104 signs a notification that indicates that the animal has been
105 examined by a veterinarian who determined that the animal has
106 the identified congenital or hereditary disorder.
107 (8) The refund or exchange required by subsection (5) must
108 or subsection (6) shall be made by the pet dealer not later than
109 10 business days after following receipt of a signed veterinary
110 certification as required in subsection (5) or subsection (6).
111 The consumer must notify the pet dealer within 7 2 business days
112 after receipt of the veterinarian's determination that the
113 animal is unfit. The written certification of unfitness must be
114 presented to the pet dealer not later than 3 business days
115 following receipt thereof by the consumer.

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116 (10) If a pet dealer wishes to contest a demand for
117 veterinary expenses, refund, or exchange made by a consumer
118 under this section, the dealer may require the consumer to
119 produce the animal for examination by a licensed veterinarian
120 designated by the dealer. Upon such examination, if the consumer
121 and the dealer are unable to reach an agreement that constitutes
122 one of the options set forth in subsection (5) or subsection (6)
123 within 10 business days after following receipt of the animal
124 for such examination, the consumer may initiate an action in a
125 court of competent jurisdiction, or the county court small
126 claims court division, in the county where the animal owner
127 resides, to recover or obtain reimbursement of veterinary
128 expenses and a, refund, or exchange, as set forth in subsection
129 (5), and may collect punitive damages in an amount not less than
130 $2,500 at the discretion of the court.
131 (12) Every pet dealer who sells an animal to a consumer
132 must provide the consumer at the time of sale with a printed,
133 written notice in 14-point boldface type to be signed by the
134 consumer, printed or typed, which is separate from the contract
135 and reads as follows:
136
137 RIGHT TO CANCEL
138 Florida consumers have certain rights under section
139 828.29, Florida Statutes. You have the right to: 1)
140 return the animal; 2) exchange the animal; and 3)
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141 receive reimbursement for certain veterinary expenses
142 under certain circumstances. Please have your new pet
143 seen by a veterinarian immediately. A copy of this law
144 is attached to this notice.
145
146 It is the consumer's right, pursuant to section
147 828.29, Florida Statutes, to receive a certificate of
148 veterinary inspection with each animal dog or cat
149 purchased from a pet dealer. Such certificate shall
150 list all vaccines and deworming medications
151 administered to the animal and list any medical
152 diagnosis and treatments and shall state that the
153 animal has been examined by a Florida-licensed
154 veterinarian who certifies that, to the best of the
155 veterinarian's knowledge, the animal was found to have
156 been healthy at the time of the veterinary
157 examination. In the event that the consumer purchases
158 the animal and finds it to have been unfit for
159 purchase as provided in section 828.29(5), Florida
160 Statutes, the consumer must notify the pet dealer
161 within 7 2 business days after of the veterinarian's
162 determination that the animal was unfit. The consumer
163 has the right to retain, return, or exchange the
164 animal and receive reimbursement for certain related
165 veterinary services rendered to the animal, subject to
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166 the right of the dealer to have the animal examined by
167 another veterinarian.
168
169 ...(Signature of Animal owner or Lessee, or Owner's or
170 Lessee's Authorized Person)...
171
172 (13) For the purposes of this section subsections (5)-(12)
173 and (16), the term "pet dealer" means any person, firm,
174 partnership, corporation, or other association which, in the
175 ordinary course of business, engages in the sale of more than
176 three two litters, or 30 20 dogs or cats, per year, whichever is
177 greater, to the public. This definition includes breeders of
178 animals who sell such animals directly to a consumer. This
179 definition does not include not-for-profit entities that do not
180 purchase dogs or cats from a breeder or broker.
181 (17) Except as otherwise provided in this chapter, a
182 person who violates any provision of this section commits a
183 misdemeanor of the first degree, punishable as provided in s.
184 775.082 or s. 775.083.
185 (18) Any record provided to a consumer pursuant to the
186 sale of an animal under this section must be maintained by the
187 pet dealer for a period of at least 7 years after the sale.
188 (19) A pet dealer who violates this section commits an
189 unfair method of competition or an unfair or deceptive act or

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190 practice in violation of part II of chapter 501 and is subject
191 to the penalties and remedies provided for such violations.
192 Section 3. Section 828.291, Florida Statutes, is created
193 to read:
194 828.291 Best management practices for dog breeding.—
195 (1) The purpose of this section is to allow voluntary
196 participation in best management practices relating to minimum
197 standards of care, facility operations, and breeding practices
198 for individuals or entities engaged in the breeding of dogs in
199 order to protect animal welfare, promote responsible breeding,
200 and ensure the health and safety of animals and consumers.
201 (2) This section may not be construed to prohibit a local
202 jurisdiction from implementing requirements for individuals or
203 entities engaged in the breeding of dogs.
204 (3) The Department of Business and Professional Regulation
205 shall develop a list of best management practices that
206 individuals or entities engaged in the breeding of dogs may
207 voluntarily adopt and implement. Such best management practices
208 must include minimum standards of care, facility operations, and
209 breeding practices for individuals or entities engaged in the
210 breeding of dogs, including, but not limited to, standards
211 relating to all of the following:
212 (a) Breeding.
213 (b) Feeding.
214 (c) Housing.
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215 (d) Health.
216 (e) Enrichment.
217 (f) Selling and transferring, in accordance with s.
218 828.29.
219 (g) Recordkeeping, in accordance with s. 828.29.
220 (4) The Department of Business and Professional Regulation
221 shall post on its website guidance for the public about how to
222 identify the breeders that are following best management
223 practices and provide a checklist to use when purchasing an
224 animal.
225 (5) The Department of Business and Professional Regulation
226 shall post on its website information regarding animal cruelty,
227 including a description of conduct constituting animal cruelty
228 under ss. 828.12 and 828.13, the penalties for such conduct, and
229 instructions for reporting suspected animal cruelty or abuse to
230 the appropriate local authorities, including the contact
231 information for at least one appropriate authority for each
232 county in the state.
233 Section 4. This act shall take effect July 1, 2026.
234
235 -----------------------------------------------------
236 T I T L E A M E N D M E N T
237 Remove everything before the enacting clause and insert:
238 An act relating to domestic animals; amending s.
239 828.12, F.S.; requiring the Department of Law
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240 Enforcement to post on its website specified
241 information relating to each individual convicted of
242 specified animal cruelty offenses; requiring the clerk
243 of each court and county detention facility to provide
244 the Department of Law Enforcement with such
245 information; amending s. 828.29, F.S.; extending the
246 timeframe for which a consumer may pursue remedies for
247 the sale of an animal certifiably unfit for purchase;
248 revising such remedies; requiring that all financing
249 terms be disclosed to the consumer by the pet dealer
250 before the sale of the animal; deleting certain
251 provisions relating to a consumer's waiver
252 relinquishing his or her rights to return an animal;
253 requiring a pet dealer to provide copies of specified
254 medical records to a consumer; denying a consumer the
255 right to a refund or an exchange for a pet sale under
256 certain circumstances; extending the timeframe within
257 which a consumer must notify the pet dealer of a
258 veterinarian's determination that the animal is unfit;
259 authorizing the consumer to initiate an action in
260 certain courts for any contestation of veterinary
261 expenses or demands of the pet dealer for a refund or
262 exchange; providing for the award of punitive damages;
263 revising requirements for a required notice to a
264 consumer; revising the text of the required notice;
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265 revising the definition of the term "pet dealer";
266 requiring a pet dealer to retain a copy of a specified
267 notice for a specified period; providing that
268 violations constitute an unfair method of competition
269 or an unfair or deceptive act or practice in violation
270 of specified provisions and subject to penalties;
271 creating s. 828.291, F.S.; providing a legislative
272 purpose; providing construction; requiring the
273 Department of Business and Professional Regulation to
274 develop a list of best management practices for
275 adoption and implementation; specifying requirements
276 for such best management practices; requiring the
277 department to post guidance on its website related to
278 the selection of breeders and the purchase of an
279 animal; requiring the department to post information
280 on its website relating to animal cruelty; providing
281 requirements for such information; providing an
282 effective date.

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