Florida Senate Commerce and Tourism Committee post-meeting packet, January 23, 2024
Summary
The post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of 01/23/2024, 1:00 PM to 3:00 PM, 2024 Regular Session, chaired by Senator Trumbull with Senator Wright as Vice Chair. The agenda order lists SB 356 by Avila on notaries public, SB 542 by Ingoglia on boards of directors of banks, SB 998 by Collins on the sale of liquefied petroleum gas, SB 1198 by Martin on corporate actions, SB 1218 by Burgess on broadband and SB 1420 by Burgess, among others. It records amendment actions on several bills and carries the expanded agenda, bills and staff analyses.
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Full text
01/23/2024 - Commerce and Tourism (1:00 PM - 3:00 PM) 2024 Regular Session
Customized 01/24/2024 12:38 PM
Agenda Order
Tab 1 SB 356 by Avila; (Similar to H 01255) Notaries Public
281962 A S RCS CM, Avila Delete L.242 - 328: 01/24 09:25 AM
Tab 2 SB 542 by Ingoglia; (Identical to H 00543) Boards of Directors of Banks
191300 D S L RCS CM, Ingoglia Delete everything after 01/23 05:33 PM
Tab 3 SB 998 by Collins; (Similar to CS/H 00815) Sale of Liquefied Petroleum Gas
Tab 4 SB 1198 by Martin; (Similar to H 01189) Corporate Actions
400960 A S L RCS CM, Martin Delete L.121 - 947: 01/23 05:33 PM
Tab 5 SB 1218 by Burgess; (Similar to H 01147) Broadband
Tab 6 SB 1420 by Burgess; (Identical to H 01419) Department of Commerce
180646 A S L RCS CM, Burgess Delete L.544 - 677: 01/23 05:33 PM
Tab 7 SB 1748 by Brodeur; (Identical to H 01599) Tourist Development Tax
SB 58 by Stewart; (Similar to H 00475) Sales Tax Holiday for Micromobility Vehicles and Related Personal
Tab 8
Safety Equipment
258478 D S FAV CM, Stewart Delete everything after 01/23 05:33 PM
Tab 9 SB 1260 by Trumbull; (Similar to H 01289) Verification of Reemployment Assistance Benefit Eligibility
Tab 10 SB 1492 by Trumbull; (Compare to CS/H 00433) Employment Regulations
709582 A S L RCS CM, Trumbull Delete L.21 - 54. 01/23 05:33 PM
Tab 11 SB 1540 by Torres; Workforce Retention
Page 1 of 1
2024 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Trumbull, Chair
Senator Wright, Vice Chair
MEETING DATE: Tuesday, January 23, 2024
TIME: 1:00—3:00 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Trumbull, Chair; Senator Wright, Vice Chair; Senators Gruters, Rodriguez, Stewart, and
Torres
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 SB 356 Notaries Public; Requiring that certain notarial Fav/CS
Avila certificates contain the printed names of specified Yeas 5 Nays 0
(Similar H 1255) individuals; prohibiting a notary public from falsely
notarizing the signature of a person who is not in that
notary public’s presence, either in person or online;
deleting a provision that prohibits a notary public from
notarizing a signature on a document of a person who
is not, at the time of the notarial act, physically
present or present by means of audio-video
communication technology and that provides civil
penalties; requiring a notary public to keep at least
one electronic journal; requiring the Department of
State to retain jurisdiction over the journal records for
a specified timeframe for a certain purpose, etc.
CM 01/23/2024 Fav/CS
ATD
FP
2 SB 542 Boards of Directors of Banks; Disqualifying certain Fav/CS
Ingoglia persons from serving on the board of directors of a Yeas 6 Nays 0
(Identical H 543) bank under certain circumstances, etc.
BI 01/09/2024 Favorable
CM 01/23/2024 Fav/CS
RC
3 SB 998 Sale of Liquefied Petroleum Gas; Defining the terms Favorable
Collins “licensed location” and “remote bulk storage”; Yeas 5 Nays 0
(Similar CS/H 815) authorizing up to two remote bulk storage locations
for specified licenses; authorizing the Department of
Agriculture and Consumer Services to condemn
unsafe equipment and order the immediate removal
of liquefied petroleum gas from certain bulk storage
locations; requiring persons servicing, testing,
repairing, maintaining, or installing liquefied petroleum
gas equipment and systems to include specified
information on certain documents, etc.
CM 01/23/2024 Favorable
EN
FP
S-036 (10/2008)
01232024.1534 Page 1 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 23, 2024, 1:00—3:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 1198 Corporate Actions; Providing that a defective Fav/CS
Martin corporate action is not void or voidable in certain Yeas 5 Nays 0
(Similar H 1189) circumstances; requiring the board of directors to take
certain action to ratify a defective corporate action;
providing quorum and voting requirements for the
ratification of certain defective corporate actions;
requiring that notice be given to shareholders of
certain corporate action taken by the board of
directors; authorizing certain persons and entities to
file certain motions, etc.
CM 01/23/2024 Fav/CS
RC
5 SB 1218 Broadband; Extending the date through which a Favorable
Burgess promotional rate and related terms for certain wireline Yeas 6 Nays 0
(Similar H 1147) attachments of broadband facilities to municipal
electric utility poles are effective, etc.
RI 01/16/2024 Favorable
CM 01/23/2024 Favorable
RC
6 SB 1420 Department of Commerce; Providing that Fav/CS
Burgess amendments are deemed withdrawn if the local Yeas 6 Nays 0
(Identical H 1419) government fails to transmit the comprehensive plan
amendments to the department, in its role as the state
land planning agency, within a certain time period;
revising the duties of the Florida Sports Foundation;
requiring the department to establish a direct-support
organization; specifying that the organization is a
direct-support organization of the department and a
corporation not for profit; authorizing the organization
to take certain actions regarding administration of
property and expenditures, etc.
CM 01/23/2024 Fav/CS
ATD
RC
7 SB 1748 Tourist Development Tax; Prohibiting a plan for tourist Favorable
Brodeur development from allocating more than a certain Yeas 6 Nays 0
(Identical H 1599) percentage of the tax revenue to an individual project
unless the governing board of the county approves
such use by supermajority vote, etc.
CM 01/23/2024 Favorable
FT
AP
S-036 (10/2008)
01232024.1534 Page 2 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 23, 2024, 1:00—3:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
8 SB 58 Sales Tax Holiday for Micromobility Vehicles and Fav/CS
Stewart Related Personal Safety Equipment; Providing a Yeas 6 Nays 0
(Similar H 475) sales tax exemption during a specified period on the
retail sale of micromobility vehicles and related
personal safety equipment; defining the terms
“micromobility vehicle” and “related personal safety
equipment”, etc.
CM 01/23/2024 Fav/CS
FT
AP
9 SB 1260 Verification of Reemployment Assistance Benefit Favorable
Trumbull Eligibility; Citing this act as the "Promoting Work, Yeas 4 Nays 2
(Similar H 1289) Deterring Fraud Act of 2024"; providing requirements
for reemployment assistance benefit conditions for
non-Florida residents; removing requirements that
certain skills assessments of claimants be voluntary;
revising circumstances under which the department
disqualifies claimants from benefits; requiring the
department to verify claimants’ identities before
paying benefits; requiring the department to procure
an online workforce search and match tool for a
specified purpose, etc.
CM 01/23/2024 Favorable
ATD
FP
10 SB 1492 Employment Regulations; Prohibiting political Fav/CS
Trumbull subdivisions from maintaining a certain minimum Yeas 4 Nays 2
(Compare CS/H 433) wage; prohibiting political subdivisions from
controlling, affecting, or awarding preferences relating
to wages or employment benefits of entities
contracting with the political subdivision; prohibiting a
political subdivision from requiring employers to meet
or provide heat exposure requirements beyond those
required by law; prohibiting a political subdivision from
giving preference to or considering or seeking
information from an employer in a competitive
solicitation based on or relating to an employer’s heat
exposure requirements, etc.
CM 01/23/2024 Fav/CS
CA
RC
S-036 (10/2008)
01232024.1534 Page 3 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 23, 2024, 1:00—3:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
11 SB 1540 Workforce Retention; Designating the “Florida Jobs Favorable
Torres Retention Act of 2024”; defining the terms Yeas 6 Nays 0
“department” and “employer”; requiring employers
that intend to relocate out of state or cease operation
to notify the Department of Business and Professional
Regulation within a specified timeframe before taking
such action; providing that such employers are
ineligible for state grants, loans, or tax benefits for a
specified timeframe; requiring the head of each state
agency to ensure that certain services are performed
by state contractors within the state, etc.
CM 01/23/2024 Favorable
AEG
FP
TAB OFFICE and APPOINTMENT (HOME CITY) FOR TERM ENDING COMMITTEE ACTION
12 Senate Confirmation Hearing: A public hearing will be held for consideration of the below-
named executive appointment to the office indicated.
Secretary of Commerce
Kelly, James Alexander (Tallahassee) Pleasure of Governor Recommend Confirm
Yeas 6 Nays 0
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
Other Related Meeting Documents
S-036 (10/2008)
01232024.1534 Page 4 of 4
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 356
INTRODUCER: Commerce and Tourism and Senator Avila
SUBJECT: Notaries Public
DATE: January 24, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. ATD
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 356 makes the following changes with respect to notaries public:
Requires notarial certificates to include the printed name of a person whose signature is being
notarized, and printed names of all signatories, including principals and witnesses.
Prohibits a notary public from falsely notarizing a signature of a person who is not in the
presence of a notary public, either in person or online, at the time the signature is notarized.
Creates criminal penalties for prohibited acts by notaries public, with enhanced penalties for
violations pertaining to real estate transactions.
The bill requires notaries public to keep tangible journals of all notarizations performed,
specifies duties related to maintaining such journals, and delineates circumstances in which other
parties may have access to entries in the journals.
The bill also modifies a provision relating to a recording notification service by clerks of circuit
courts, to provide that if a property appraiser receives notice from a property owner or clerk of
the circuit court and reasonably determines that a recorded deed is fraudulent, the property
appraiser may refuse to update the owner of record on the county’s tax rolls. However, the
property appraiser must make a notation in their records that a possible conveyance has been
recorded.
The bill takes effect July 1, 2024.
BILL: CS/SB 356 Page 2
II. Present Situation:
Notaries Public in Florida
A notary public is a public officer under the Florida Constitution,1 and “an impartial agent of the
state.” 2 As a public officer, notaries public are constitutionally required to give a bond (as
required by law) and swear or affirm to uphold the Constitutions of the United States and
Florida.3 Notaries public are appointed and commissioned by the Governor to four-year terms,4
and are authorized under Florida law to perform six basic duties:5
Administer oaths or affirmations;6
Take acknowledgments;7
Solemnize marriages;8
Attest to photocopies;9
Verify vehicle identification numbers (VINs);10 and
Certify the contents of a safe-deposit box.11
A notary public may only exercise the foregoing duties within the physical boundaries of the
State of Florida.12 Generally, a notary public may not charge more than $10 per notarial act and
may not charge a fee for notarizing a vote-by-mail ballot.13
A notary public may provide an electronic signature that is unique, verifiable, under the notary
public’s sole control, and attached to a document in a way revealing any subsequent alteration.14
When an electronic signature must be accompanied by a notary public seal, the requirement is
met when the notary public includes his or her full name as provided in the notary public’s
application for commission, the words “Notary Public State of Florida,” the expiration date of
the notary public’s commission, and the notary public’s commission number.15 The seal must
also be applied to all notarized paper documents using a rubber stamp containing the foregoing
information.16 The rubber stamp seal must be affixed to the notarized paper document in
1
Art. II, § 5(c), Fla. Const.
2
58 AM. JUR. 2D Notaries Public § 1.
3
See s. 117.01(3) & (7), F.S. ((3) requiring that, as part of oath, the applicant must swear he or she has read ch. 117, F.S., and
knows the duties, responsibilities, limitations, and powers of a notary; (7) requiring that notaries give a bond in the amount of
$7,500 in the event the notary breaches duties, of which is to be kept on file with the Department of State). Section 117.01(1),
F.S., requires a notary to be able to read, write, and understand the English language.
4
Section 117.01(1), F.S.
5
Executive Office of the Governor, State of Florida, Governor’s Reference Manual for Notaries Public, p. 13 (Dec. 13,
2016), available at https://www.flgov.com/wp-content/uploads/Notary_Reference_Manual_12.13.16.pdf (last visited Jan. 24,
2024).
6
Section 117.03, F.S.
7
Section 117.04, F.S.
8
Section 117.045, F.S.
9
Section 117.05(12)(a), F.S.
10
Section 319.23(3)(a)2., F.S.
11
Section 655.94(1), F.S.
12
Section 117.01(1), F.S.
13
Section 117.05(2), F.S.
14
Section 117.021(2), F.S.
15
Section 117.021(3), F.S.
16
Section 117.05(3), F.S.
BILL: CS/SB 356 Page 3
photographically reproducible black ink. Every notary public must print, type, or stamp below
his or her signature on a paper document his or her name exactly as commissioned.17
Additionally, as a public officer, a notary public is held to high standards and is subject to
discipline, including suspension by the Governor and removal by the Senate, for malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony.18 A notary public is also subject to criminal penalties for
certain unlawful uses of the notary public commission (such as notarizing his or her own
signature),19 and liable to pay fees for certain civil infractions (such as notarizing a document
when the signor is not in the notary public’s presence).20
Becoming a Notary Public in Florida
In order to be eligible to become a notary public in Florida, a person must:
Be at least 18 years of age;
Be a Florida resident or permanent resident alien with a recorded declaration of domicile;
Maintain Florida residence throughout the appointment; and
Be able to read, write, and understand the English language.21
To apply to be a notary public in Florida, the application form provided by the Department of
State must be completed, signed, sworn, and filed along with the appropriate applications fees.22
Because the bond must be attached, the bonding agency usually submits the application in both a
paper and electronic format.23 The oath of office and notary public bond must accompany the
notary public’s application when filed with the Department of State.24 Applicants must also
provide the following as part of the application:
Personal identification information;
Affidavit of good character from a reference who has known the applicant for at least one
year and is not a relative;
Ten-year history of any licenses and discipline;
Statement regarding whether the applicant has ever been convicted of a felony or had his or
her civil rights restored; and
Any other information requested by the Governor’s office to confirm eligibility.25
Notary’s Duty to Confirm Identity
One of the notary public’s primary duties is to verify the identity of the person who is signing a
document. If the person is personally known to the notary public or provides “satisfactory
17
Id.
18
FLA. CONST., Art. IV, s. 7.
19
Section 117.05(1), F.S. (providing violation is a third degree felony). See also s. 117.05(3)(d), (7), and (8), F.S.;
s. 117.105, F.S.; s. 117.107(9), F.S.
20
Section 117.107(9), F.S. (providing violation is a civil infraction punishable by a fine of up to $5,000).
21
See supra note 5.
22
Section 117.01(2), F.S. (requiring $25 application fee, $10 commission fee, and $4 educational surcharge, except that the
commission fee is waived for veterans with a 50 percent disability).
23
See supra note 5 at p. 7.
24
Section 117.01(2), F.S.
25
Id.
BILL: CS/SB 356 Page 4
evidence” by producing valid identification or witnesses or both verifying that the person is who
he or she claims to be, the notary public may notarize the document.26
Prohibited Acts
Section 117.107, F.S., specifies prohibited acts by notaries. A notary public may not:
Use a name or initial in signing certificates other than that by which the notary public is
commissioned.
Sign notarial certificates using a facsimile signature stamp unless the notary public has a
physical disability that limits or prohibits his or her ability to make a written signature and
unless the notary public has first submitted written notice to the Department of State with an
exemplar of the facsimile signature stamp. This does not apply to or prohibit the use of an
electronic signature and seal by a notary public who is registered as an online notary public
to perform an electronic or online notarization in accordance with ch. 117, F.S.
Affix his or her signature to a blank form of affidavit or certificate of acknowledgment and
deliver that form to another person with the intent that it be used as an affidavit or
acknowledgment.
Take the acknowledgment of or administer an oath to a person whom the notary public
actually knows to have been adjudicated mentally incapacitated by a court of competent
jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has
been removed, and where the person has not been restored to capacity as a matter of record.
Notarize a signature on a document if it appears that the person is mentally incapable of
understanding the nature and effect of the document at the time of notarization.
Take the acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized is translated into a
language which the person does understand.
Change anything in a written instrument after it has been signed by anyone.
Amend a notarial certificate after the notarization is complete.
Notarize a signature on a document if the person whose signature is being notarized does not
appear before the notary public either by means of physical presence or by means of audio-
video communication technology as authorized under part II of ch. 117, F.S., at the time the
signature is notarized. Any notary public who violates this prohibition is guilty of a civil
infraction, punishable by penalty not exceeding $5,000, and such violation constitutes
malfeasance and misfeasance in the conduct of official duties.
Notarize a signature on a document if the document is incomplete or blank. However, an
endorsement or assignment in blank of a negotiable or nonnegotiable note and the
assignment in blank of any instrument given as security for such note is not deemed
incomplete.
Notarize a signature on a document if the person whose signature is to be notarized is the
spouse, son, daughter, mother, or father of the notary public.
Notarize a signature on a document if the notary public has a financial interest in or is a party
to the underlying transaction; however, a notary public who is an employee may notarize a
signature for his or her employer, and this employment does not constitute a financial interest
in the transaction nor make the notary a party to the transaction as long as he or she does not
26
Section 117.05(5), F.S.
BILL: CS/SB 356 Page 5
receive a benefit other than his or her salary and the fee for services as a notary public
authorized by law.
Recording Notification Service
In 2023, in response to an increase in fraudulent real property attempted conveyances in which a
fraudster executes and records a deed purporting to convey title to or an interest in real property
to himself or herself or a third party without the property owner’s knowledge or consent, the
Legislature enacted legislation in an attempt to minimize the potential for fraudulent real
property deeds.27 Pursuant to s. 28.47, F.S., on or before July 1, 2024, each clerk of the circuit
court must create, maintain, and operate a free recording notification service which is open to all
persons wishing to register for the service. The clerk must ensure that registration for the
recording notification service is possible through an electronic registration portal. When a land
record is recorded for a monitored identity, a recording notification must be sent within 24 hours
after the recording to each registrant who is subscribed to receive recording notifications for that
monitored identity. The notification must contain:
Information identifying the monitored identity for which the land record was filed;
The land record’s recording date;
The official record book and page number or instrument number assigned to the land record
by the clerk;
Instructions for electronically searching for and viewing the land record using the assigned
official record book and page number or instrument number; and
A phone number at which the clerk’s office may be contacted during normal business hours
with questions related to the recording notification.
There is no right or cause of action against, and no civil liability on the part of, the clerk with
respect to the creation, maintenance, or operation of the recording notification service, and
nothing in s. 28.47, F.S., may be construed to require the clerk to provide or allow access to a
record or information which is confidential and exempt from s. 119.07(1), F.S., and s. 24(a), Art.
I of the State Constitution or to otherwise violate the public records laws of Florida.
Section 28.47, F.S., also applies to county property appraisers who have adopted an electronic
land record notification service before July 1, 2023. The property appraiser may use a
verification process for persons wishing to register for the electronic land record notification
service to ensure the integrity of the process. For purposes of the property appraiser electronic
land notification service, “land record” means a deed or other document purporting to convey
real property. When a land record is recorded for a monitored identity, the property appraiser
must send a recording notification to each registrant who is subscribed to receive recording
notifications for that monitored identity within 24 hours after the instrument has been reflected
on the county tax roll.
27
Chapter 2023-238, Laws of Fla.
BILL: CS/SB 356 Page 6
III. Effect of Proposed Changes:
Public Notary Requirements
Section 1 amends s. 117.05, F.S., to require that when notarizing a signature, a notary public
must complete a jurat or notarial certificate that must contain, among other elements, the printed
name of the person whose signature is being notarized. The notarial certificate must also contain
the printed names of all signatories, including principals and witnesses.
Section 2 amends s. 117.105, F.S., to prohibit a notary public from:
Falsely notarizing a signature on a written or electronic document of a person who is not in
the presence of the notary public, either in person or online, at the time the signature is
notarized;28 or,
Falsely or fraudulently taking or receiving an acknowledgment of the signature on a written
or electronic document.
A notary public who violates the above provisions commits a felony of the third degree,
punishable as provided in s. 775.082, F.S., (sentencing), s. 775.083, F.S., (fines), or s. 775.084,
F.S., (habitual offenders).29 If the document notarized under these circumstances pertains to a
real estate transaction or any other transfer of real property, the notary public commits a felony
of the second degree.30
Section 3 amends s. 117.107, F.S., by deleting subsection (9), which provides that a notary
public may not notarize a signature on a document if the person whose signature is being
notarized does not appear before the notary public either by means of physical presence or by
means of audio-video communication technology at the time the signature is notarized, and
specifies the penalty for a notary public who violates this provision.
The bill also specifies the criminal penalty for a notary public who commits a violation of any of
the prohibited acts specified in s. 117.107, F.S. A notary public who commits a violation of s.
117.107, F.S., commits a misdemeanor of the first degree.31 A notary public who commits a
violation of s. 117.107, F.S., with the intent to defraud commits a felony of the third degree. If
the violation of s. 117.107, F.S., pertains to a real estate transaction or any other transfer of real
property, the notary public commits a felony of the second degree.
28
“In the presence of” and “electronic” have the same meaning as provided in s. 117.201, F.S. “In the presence of” means in
the physical presence of another person; or outside of the physical presence of another person, but able to see, hear, and
communicate with the person by means of audio-video communication technology. “Electronic” means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
29
A “felony of the third degree” is punishable by a term of imprisonment not to exceed 5 years, and a fine not to exceed
$5,000.
30
A “felony of the second degree” is punishable by a term of imprisonment not to exceed 15 years, and a fine not to exceed
$10,000.
31
A “misdemeanor of the first degree” is punishable by a term of imprisonment not to exceed 1 year, and a fine not to exceed
$1,000. See ss. 775.082 and 775.083, F.S.
BILL: CS/SB 356 Page 7
Journal of Notarizations
Section 4 creates s. 117.109, F.S., to provide that a notary public must keep one or more tangible
journals of all notarizations performed by the notary public. For each notarization, the journal
entry must contain all of the following:
The date and time of the notarization.
The type of notarial act performed, whether an oath or acknowledgment.
The type, the title, or a description of the electronic recording or proceeding.
The name and address of each principal or witness involved in the transaction or proceeding.
Evidence of identity of each principal involved in the transaction or proceeding in either of
the following forms:
o A statement that the person is personally known to the notary public; or
o A notation of the type of government-issued identification credential the person provided
to the notary public;
o An indication that the government-issued identification credential satisfied the
credential analysis; and
o An indication that the principal satisfactorily passed the identity proofing.
The fee, if any, charged for the notarization
The notary public must maintain a backup record of the journal, and protect from unauthorized
access the journal, the backup record, and any other records the notary public receives.
The Department of State must retain jurisdiction over the journal records for a period of 10 years
after the date of the notarial acts for the purpose of investigating possible notarial misconduct. A
notary public must also maintain the journal for at least 10 years after the date of the notarial act.
A notary public, a guardian of an incapacitated notary public, or the personal representative of a
notary public may contract with a secure repository, in accordance with any rules established
under ch. 117, F.S., and delegate to the repository the notary public’s duty to maintain the
journal, provided that the Department of State is notified of such delegation of retention duties
within 30 days thereafter, including the effective date of the delegation and the address and
contact information for the repository.
If a notary public delegates to a secure repository their duty to maintain the journal, the notary
public must make an entry in their journal identifying such repository and notify the Department
of State. During any delegation, the secure repository must fulfill the responsibilities of the
notary public to provide copies or access under s. 117.111, F.S., created by section 5 of the bill.
An omitted or incomplete entry in the journal does not invalidate the notarial act performed, but
may be introduced as evidence to establish violations of ch. 117, F.S., as evidence of possible
fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or
unconscionability; or for other evidentiary purposes.
Section 5 creates s. 117.111, F.S., to specify further requirements concerning the use of journals
by notaries public. A notary public is required to:
BILL: CS/SB 356 Page 8
Keep the journal secure and under their sole control. The notary public may not allow
another person to use the notary public’s journal or allow another person who is providing
services to a notary public to facilitate the performance of notarizations.
Notify an appropriate law enforcement agency and the Department of State of any
unauthorized use of or compromise to the security of the journal within 7 days after the
discovery of the unauthorized use or compromise to security.
Provide copies of pertinent entries in the journal upon the request of:
o The Department of State, pursuant to a notary misconduct investigation; or
o Any other persons or entities, pursuant to a subpoena, a court order, a law enforcement
investigation, or any other lawful inspection demand.32
Property Appraiser and Recording Notification Service
Section 6 amends s. 28.47, F.S., to provide that if a property appraiser receives notice from the
property owner or clerk of the circuit court and reasonably determines that the recorded deed is
fraudulent, the property appraiser may refuse to update the owner of record on the county’s tax
rolls. However, the property appraiser must make a notation in his or her records that a possible
conveyance has been recorded.
Effective Date
The bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Section 6 of the bill, which modifies a provision relating to a recording notification
service by clerks of circuit courts, to provide that if a property appraiser receives notice
from a property owner or clerk of the circuit court and reasonably determines that a
32
The bill provides that these provisions may not be construed to prevent a notary public from designating a secure
repository.
BILL: CS/SB 356 Page 9
recorded deed is fraudulent, the property appraiser may refuse to update the owner of
record on the county’s tax rolls, may cause the bill to violate the single-subject
requirement in Article III, Section 6, of the Florida Constitution.33 A legislative act
violates the single-subject requirement when the provisions in the bill are not logically
connected to one another, are not necessary to achieve the purpose of the legislation or
“are designed to accomplish dissociated objects of legislative effort.”34
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The journal of notarizations will presumably come at some cost to notaries public.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 117.05, 117.105, 117.107, and 28.47 of the Florida
Statutes.
This bill creates sections 117.109 and 117.111 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on January 23, 2024
The committee substitute removes the requirement that notaries public must keep secure
“electronic” journals of all notarizations performed, and provides that a notary public
must keep one or more “tangible” journals of all notarizations performed.
33
Art. III, § 6, Fla. Const.
34
See Heggs v. State, 759 So. 2d 620, 626 (Fla. 2000); State v. Petruzzelli, 374 So. 2d 13, 15 (Fla. 1979), State ex rel-Landis
v. Thompson, 120 Fla. 860,892-3, 16350.270, 283 (1935).
BILL: CS/SB 356 Page 10
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 356 Bill No. SB 356
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LEGISLATIVE ACTION 11 following:
Senate . House 12 (a) The date and time of the notarization.
Comm: RCS . 13 (b) The type of notarial act performed, whether an oath or
01/24/2024 . 14 acknowledgment.
. 15 (c) The type, the title, or a description of the electronic
. 16 recording or proceeding.
. 17 (d) The name and address of each principal or witness
18 involved in the transaction or proceeding.
19 (e) Evidence of identity of each principal involved in the
20 transaction or proceeding in either of the following forms:
21 1. A statement that the person is personally known to the
22 notary public; or
23 2.a. A notation of the type of government-issued
24 identification credential the person provided to the notary
25 public;
The Committee on Commerce and Tourism (Avila) recommended the 26 b. An indication that the government-issued identification
following: 27 credential satisfied the credential analysis; and
28 c. An indication that the principal satisfactorily passed
1 Senate Amendment (with title amendment) 29 the identity proofing.
2 30 (f) The fee, if any, charged for the notarization.
3 Delete lines 242 - 328 31 (2) The notary public shall take reasonable steps to:
4 and insert: 32 (a) Maintain a backup record of the journal required by
5 Section 4. Section 117.109, Florida Statutes, is created to 33 subsection (1).
6 read: 34 (b) Protect from unauthorized access the journal, the
7 117.109 Journal of notarizations.— 35 backup record, and any other records the notary public receives.
8 (1) A notary public shall keep one or more tangible 36 (3) The Department of State shall retain jurisdiction over
9 journals of all notarizations performed by the notary public. 37 the journal records for a period of 10 years after the date of
10 For each notarization, the journal entry must contain all of the 38 the notarial acts for the purpose of investigating possible
39 notarial misconduct.
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Bill No. SB 356 Bill No. SB 356
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40 (a) A notary public shall maintain the journal required 69 (1) A notary public shall do all of the following:
41 under subsection (1) for at least 10 years after the date of the 70 (a) Keep the journal maintained pursuant to s. 117.109
42 notarial act. 71 secure and under his or her sole control. The notary public may
43 (b) A notary public, a guardian of an incapacitated notary 72 not allow another person to use the notary public’s journal or
44 public, or the personal representative of a notary public may 73 allow another person who is providing services to a notary
45 contract with a secure repository, in accordance with any rules 74 public to facilitate the performance of notarizations.
46 established under this chapter, and delegate to the repository 75 (b) Notify an appropriate law enforcement agency and the
47 the notary public’s duty to maintain the journal, provided that 76 Department of State of any unauthorized use of or compromise to
48 the department is notified of such delegation of retention 77 the security of the journal within 7 days after the discovery of
49 duties within 30 days thereafter, including the effective date 78 the unauthorized use or compromise to security.
50 of the delegation and the address and contact information for 79 (2) A notary public shall provide copies of pertinent
51 the repository. 80 entries in the journal upon the request of any of the following:
52 (c) If a notary public delegates to a secure repository his 81 (a) The department, pursuant to a notary misconduct
53 or her duty to maintain the journal required under this section, 82 investigation.
54 the notary public must make an entry in his or her journal 83 (b) Any other persons or entities, pursuant to a subpoena,
55 identifying such repository and notify the department as 84 a court order, a law enforcement investigation, or any other
56 required in this subsection. During any delegation under this 85 lawful inspection demand.
57 subsection, the secure repository shall fulfill the 86 (3) This section may not be construed to prevent a notary
58 responsibilities of the notary public to provide copies or 87 public from designating a secure repository under s. 117.109.
59 access under s. 117.111. 88
60 (4) An omitted or incomplete entry in the journal does not 89 ================= T I T L E A M E N D M E N T ================
61 invalidate the notarial act performed, but may be introduced as 90 And the title is amended as follows:
62 evidence to establish violations of this chapter; as evidence of 91 Delete lines 17 - 53
63 possible fraud, forgery, impersonation, duress, incapacity, 92 and insert:
64 undue influence, minority, illegality, or unconscionability; or 93 notary public to keep at least one tangible journal;
65 for other evidentiary purposes. 94 requiring a journal entry for each notarization;
66 Section 5. Section 117.111, Florida Statutes, is created to 95 providing requirements for such entries; requiring the
67 read: 96 notary public to take reasonable steps to maintain a
68 117.111 Use of journal.— 97 backup record and to protect the journal, the backup
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Bill No. SB 356 Bill No. SB 356
Ì2819628Î281962 Ì2819628Î281962
98 record, and other records from unauthorized access; 127 the performance of notarizations; requiring the notary
99 requiring the Department of State to retain 128 public to provide copies of pertinent entries upon the
100 jurisdiction over the journal records for a specified
101 timeframe for a certain purpose; requiring the notary
102 public to maintain the journal for a specified
103 timeframe; authorizing the notary public or specified
104 individuals on his or her behalf to contract with a
105 secure repository to maintain the journal; providing
106 that such repository must fulfill specified duties of
107 the notary public with respect to the journal;
108 requiring the notary public to send, within a
109 specified timeframe, a certain notification to the
110 department of such delegation of retention duties;
111 requiring the notary public to make an entry
112 identifying the repository and providing notice to the
113 department; requiring the secure repository to fulfill
114 certain responsibilities of the notary public during
115 any delegation; providing that an omitted or
116 incomplete entry in the journal does not invalidate
117 the notarial act, but may be used for specified
118 evidentiary purposes; creating s. 117.111, F.S.;
119 requiring a notary public to keep the journal secure
120 and notify, within a specified timeframe, the
121 appropriate law enforcement agency and the department
122 of any unauthorized use of or compromise to the
123 security of the journal; prohibiting the notary public
124 from allowing another person to use the notary
125 public’s journal or from allowing another person who
126 is providing services to a notary public to facilitate
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Florida Senate - 2024 SB 356 Florida Senate - 2024 SB 356
By Senator Avila
39-00547-24 2024356__ 39-00547-24 2024356__
1 A bill to be entitled 30 that such repository must fulfill specified duties of
2 An act relating to notaries public; amending s. 31 the notary public with respect to the journal;
3 117.05, F.S.; requiring that certain notarial 32 requiring the notary public to send, within a
4 certificates contain the printed names of specified 33 specified timeframe, a certain notification to the
5 individuals; amending s. 117.105, F.S.; prohibiting a 34 department of such delegation of retention duties;
6 notary public from falsely notarizing the signature of 35 requiring the notary public to make an entry
7 a person who is not in that notary public’s presence, 36 identifying the repository and providing notice to the
8 either in person or online; defining terms; providing 37 department; requiring the secure repository to fulfill
9 criminal penalties; making technical changes; amending 38 certain responsibilities of the notary public during
10 s. 117.107, F.S.; deleting a provision that prohibits 39 any delegation; providing that an omitted or
11 a notary public from notarizing a signature on a 40 incomplete entry in the journal does not invalidate
12 document of a person who is not, at the time of the 41 the notarial act, but may be used for specified
13 notarial act, physically present or present by means 42 evidentiary purposes; creating s. 117.111, F.S.;
14 of audio-video communication technology and that 43 requiring a notary public to keep the electronic
15 provides civil penalties; providing criminal 44 journal secure and notify, within a specified
16 penalties; creating s. 117.109, F.S.; requiring a 45 timeframe, the appropriate law enforcement agency and
17 notary public to keep at least one electronic journal; 46 the department of any unauthorized use of or
18 requiring a journal entry for each notarization; 47 compromise to the security of the journal; prohibiting
19 providing requirements for such entries; requiring the 48 the notary public from allowing another person to use
20 notary public to take reasonable steps to maintain a 49 the notary public’s electronic journal or from
21 backup record and to protect the journal, the backup 50 allowing another person who is providing services to a
22 record, and other records from unauthorized access; 51 notary public to facilitate the performance of
23 requiring the Department of State to retain 52 notarizations; requiring the notary public to provide
24 jurisdiction over the journal records for a specified 53 electronic copies of pertinent entries upon the
25 timeframe for a certain purpose; requiring the notary 54 request of specified entities; providing construction;
26 public to maintain the journal for a specified 55 amending s. 28.47, F.S.; authorizing a property
27 timeframe; authorizing the notary public or specified 56 appraiser to refuse to update an owner of record on
28 individuals on his or her behalf to contract with a 57 the county’s tax rolls under specified circumstances;
29 secure repository to maintain the journal; providing 58 requiring the property appraiser to make a certain
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59 notation in the records in the event such refusal is 88 Sworn to (or affirmed) and subscribed before me by means of ☐
60 made; providing an effective date. 89 physical presence or ☐ online notarization, this .... day of
61 90 ........, ...(year)..., by ...(name of person making
62 Be It Enacted by the Legislature of the State of Florida: 91 statement)....
63 92
64 Section 1. Paragraph (e) of subsection (4) and subsection 93 ...(Signature of Notary Public - State of Florida)...
65 (13) of section 117.05, Florida Statutes, are amended to read: 94 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
66 117.05 Use of notary commission; unlawful use; notary fee; 95 Personally Known........ OR Produced Identification........
67 seal; duties; employer liability; name change; advertising; 96 Type of Identification Produced.............................
68 photocopies; penalties.— 97
69 (4) When notarizing a signature, a notary public shall 98 (b) For an acknowledgment in an individual capacity:
70 complete a jurat or notarial certificate in substantially the 99
71 same form as those found in subsection (13). The jurat or 100 STATE OF FLORIDA
72 certificate of acknowledgment shall contain the following 101 COUNTY OF ........
73 elements: 102
74 (e) The printed name of the person whose signature is being 103 The foregoing instrument was acknowledged before me by means of
75 notarized. It is presumed, absent such specific notation by the 104 ☐ physical presence or ☐ online notarization, this .... day of
76 notary public, that notarization is to all signatures. 105 ........, ...(year)..., by ...(name of person acknowledging)....
77 (13) The following notarial certificates are sufficient for 106
78 the purposes indicated, if completed with the information 107 ...(Signature of Notary Public - State of Florida)...
79 required by this chapter. The specification of forms under this 108 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
80 subsection does not preclude the use of other forms. However, 109 Personally Known........ OR Produced Identification........
81 the notarial certificate must contain the printed names of all 110 Type of Identification Produced.............................
82 signatories, including principals and witnesses. 111
83 (a) For an oath or affirmation: 112 (c) For an acknowledgment in a representative capacity:
84 113
85 STATE OF FLORIDA 114 STATE OF FLORIDA
86 COUNTY OF ........ 115 COUNTY OF ........
87 116
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117 The foregoing instrument was acknowledged before me by means of 146 third degree, punishable as provided in s. 775.082, s. 775.083,
118 ☐ physical presence or ☐ online notarization, this .... day of 147 or s. 775.084.
119 ........, ...(year)..., by ...(name of person)... as ...(type of 148 (2) A notary public who violates subsection (1) commits a
120 authority, . . . e.g. officer, trustee, attorney in fact)... for 149 felony of the third degree, punishable as provided in s.
121 ...(name of party on behalf of whom instrument was executed).... 150 775.082, s. 775.083, or s. 775.084. If the document notarized
122 151 under these circumstances pertains to a real estate transaction
123 ...(Signature of Notary Public - State of Florida)... 152 or any other transfer of real property, the notary public
124 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 153 commits a felony of the second degree, punishable as provided in
125 Personally Known........ OR Produced Identification........ 154 s. 775.082, s. 775.083, or s. 775.084.
126 Type of Identification Produced............................. 155 Section 3. Section 117.107, Florida Statutes, is amended to
127 156 read:
128 Section 2. Section 117.105, Florida Statutes, is amended to 157 117.107 Prohibited acts; penalty.—
129 read: 158 (1) A notary public may not use a name or initial in
130 117.105 False or fraudulent acknowledgments; penalties for 159 signing certificates other than that by which the notary public
131 prohibited acts penalty.— 160 is commissioned.
132 (1) A notary public may not do any of the following: who 161 (2) A notary public may not sign notarial certificates
133 (a) Falsely notarize a signature on a written or electronic 162 using a facsimile signature stamp unless the notary public has a
134 document of a person who is not in the presence of the notary 163 physical disability that limits or prohibits his or her ability
135 public, either in person or online, at the time the signature is 164 to make a written signature and unless the notary public has
136 notarized. For the purposes of this paragraph, the terms “in the 165 first submitted written notice to the Department of State with
137 presence of” and “electronic” have the same meaning as provided 166 an exemplar of the facsimile signature stamp. This subsection
138 in s. 117.201. 167 does not apply to or prohibit the use of an electronic signature
139 (b) Falsely or fraudulently take takes an acknowledgment of 168 and seal by a notary public who is registered as an online
140 an instrument as a notary public. or 169 notary public to perform an electronic or online notarization in
141 (c) Who Falsely or fraudulently make makes a certificate as 170 accordance with this chapter.
142 a notary public. or 171 (3) A notary public may not affix his or her signature to a
143 (d) Who Falsely or fraudulently take or receive takes or 172 blank form of affidavit or certificate of acknowledgment and
144 receives an acknowledgment of the signature on a written or 173 deliver that form to another person with the intent that it be
145 electronic document instrument is guilty of a felony of the 174 used as an affidavit or acknowledgment.
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175 (4) A notary public may not take the acknowledgment of or 204 subsection that the notary public acted without intent to
176 administer an oath to a person whom the notary public actually 205 defraud. A notary public who violates this subsection with the
177 knows to have been adjudicated mentally incapacitated by a court 206 intent to defraud is guilty of violating s. 117.105.
178 of competent jurisdiction, where the acknowledgment or oath 207 (10) A notary public may not notarize a signature on a
179 necessitates the exercise of a right that has been removed 208 document if the document is incomplete or blank. However, an
180 pursuant to s. 744.3215(2) or (3), and where the person has not 209 endorsement or assignment in blank of a negotiable or
181 been restored to capacity as a matter of record. 210 nonnegotiable note and the assignment in blank of any instrument
182 (5) A notary public may not notarize a signature on a 211 given as security for such note is not deemed incomplete.
183 document if it appears that the person is mentally incapable of 212 (10)(11) A notary public may not notarize a signature on a
184 understanding the nature and effect of the document at the time 213 document if the person whose signature is to be notarized is the
185 of notarization. 214 spouse, son, daughter, mother, or father of the notary public.
186 (6) A notary public may not take the acknowledgment of a 215 (11)(12) A notary public may not notarize a signature on a
187 person who does not speak or understand the English language, 216 document if the notary public has a financial interest in or is
188 unless the nature and effect of the instrument to be notarized 217 a party to the underlying transaction; however, a notary public
189 is translated into a language which the person does understand. 218 who is an employee may notarize a signature for his or her
190 (7) A notary public may not change anything in a written 219 employer, and this employment does not constitute a financial
191 instrument after it has been signed by anyone. 220 interest in the transaction nor make the notary a party to the
192 (8) A notary public may not amend a notarial certificate 221 transaction under this subsection as long as he or she does not
193 after the notarization is complete. 222 receive a benefit other than his or her salary and the fee for
194 (9) A notary public may not notarize a signature on a 223 services as a notary public authorized by law. For purposes of
195 document if the person whose signature is being notarized does 224 this subsection, a notary public who is an attorney does not
196 not appear before the notary public either by means of physical 225 have a financial interest in and is not a party to the
197 presence or by means of audio-video communication technology as 226 underlying transaction evidenced by a notarized document if he
198 authorized under part II of this chapter at the time the 227 or she notarizes a signature on that document for a client for
199 signature is notarized. Any notary public who violates this 228 whom he or she serves as an attorney of record and he or she has
200 subsection is guilty of a civil infraction, punishable by 229 no interest in the document other than the fee paid to him or
201 penalty not exceeding $5,000, and such violation constitutes 230 her for legal services and the fee authorized by law for
202 malfeasance and misfeasance in the conduct of official duties. 231 services as a notary public.
203 It is no defense to the civil infraction specified in this 232 (12) A notary public who commits a violation of this
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233 section commits a misdemeanor of the first degree, punishable as 262 public;
234 provided in s. 775.082 or s. 775.083. A notary public who 263 b. An indication that the government-issued identification
235 commits a violation of this section with the intent to defraud 264 credential satisfied the credential analysis; and
236 commits a felony of the third degree, punishable as provided in 265 c. An indication that the principal satisfactorily passed
237 s. 775.082, s. 775.083, or s. 775.084. If the violation of this 266 the identity proofing.
238 section pertains to a real estate transaction or any other 267 (f) The fee, if any, charged for the notarization.
239 transfer of real property, the notary public commits a felony of 268 (2) The notary public shall take reasonable steps to:
240 the second degree, punishable as provided in s. 775.082, s. 269 (a) Maintain a backup record of the electronic journal
241 775.083, or s. 775.084. 270 required by subsection (1).
242 Section 4. Section 117.109, Florida Statutes, is created to 271 (b) Protect from unauthorized access the electronic
243 read: 272 journal, the backup record, and any other records the notary
244 117.109 Electronic journal of notarizations.— 273 public receives.
245 (1) A notary public shall keep one or more secure 274 (3) The Department of State shall retain jurisdiction over
246 electronic journals of all notarizations performed by the notary 275 the electronic journal records for a period of 10 years after
247 public. For each notarization, the electronic journal entry must 276 the date of the notarial acts for the purpose of investigating
248 contain all of the following: 277 possible notarial misconduct.
249 (a) The date and time of the notarization. 278 (a) A notary public shall maintain the electronic journal
250 (b) The type of notarial act performed, whether an oath or 279 required under subsection (1) for at least 10 years after the
251 acknowledgment. 280 date of the notarial act.
252 (c) The type, the title, or a description of the electronic 281 (b) A notary public, a guardian of an incapacitated notary
253 recording or proceeding. 282 public, or the personal representative of a notary public may
254 (d) The name and address of each principal or witness 283 contract with a secure repository, in accordance with any rules
255 involved in the transaction or proceeding. 284 established under this chapter, and delegate to the repository
256 (e) Evidence of identity of each principal involved in the 285 the notary public’s duty to maintain the electronic journal,
257 transaction or proceeding in either of the following forms: 286 provided that the department is notified of such delegation of
258 1. A statement that the person is personally known to the 287 retention duties within 30 days thereafter, including the
259 notary public; or 288 effective date of the delegation and the address and contact
260 2.a. A notation of the type of government-issued 289 information for the repository.
261 identification credential the person provided to the notary 290 (c) If a notary public delegates to a secure repository his
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291 or her duty to maintain the electronic journal under this 320 pertinent entries in the electronic journal upon the request of
292 section, the notary public must make an entry in his or her 321 any of the following:
293 electronic journal identifying such repository and notify the 322 (a) The department, pursuant to a notary misconduct
294 department as required in this subsection. During any delegation 323 investigation.
295 under this subsection, the secure repository shall fulfill the 324 (b) Any other persons or entities, pursuant to a subpoena,
296 responsibilities of the notary public to provide copies or 325 a court order, a law enforcement investigation, or any other
297 access under s. 117.111. 326 lawful inspection demand.
298 (4) An omitted or incomplete entry in the electronic 327 (3) This section may not be construed to prevent a notary
299 journal does not invalidate the notarial act performed, but may 328 public from designating a secure repository under s. 117.109.
300 be introduced as evidence to establish violations of this 329 Section 6. Subsection (6) of section 28.47, Florida
301 chapter; as evidence of possible fraud, forgery, impersonation, 330 Statutes, is amended to read:
302 duress, incapacity, undue influence, minority, illegality, or 331 28.47 Recording notification service.—
303 unconscionability; or for other evidentiary purposes. 332 (6) This section also applies to county property appraisers
304 Section 5. Section 117.111, Florida Statutes, is created to 333 who have adopted an electronic land record notification service
305 read: 334 before July 1, 2023.
306 117.111 Use of electronic journal.— 335 (a)1. The property appraiser may use a verification process
307 (1) A notary public shall do all of the following: 336 for persons wishing to register for the electronic land record
308 (a) Keep the electronic journal secure and under his or her 337 notification service to ensure the integrity of the process.
309 sole control, which includes access protection using passwords 338 2. If the property appraiser receives notice from the
310 or codes under the control of the notary public. The notary 339 property owner or clerk of the circuit court and reasonably
311 public may not allow another person to use the notary public’s 340 determines that the recorded deed is fraudulent, the property
312 electronic journal or allow another person who is providing 341 appraiser may refuse to update the owner of record on the
313 services to a notary public to facilitate the performance of 342 county’s tax rolls. However, the property appraiser shall make a
314 notarizations. 343 notation in his or her records that a possible conveyance has
315 (b) Notify an appropriate law enforcement agency and the 344 been recorded.
316 Department of State of any unauthorized use of or compromise to 345 (b) For purposes of this subsection only, and
317 the security of the electronic journal within 7 days after the 346 notwithstanding paragraph (1)(a) and subsection (3):
318 discovery of the unauthorized use or compromise to security. 347 1. “Land record” means a deed or other document purporting
319 (2) A notary public shall provide electronic copies of 348 to convey real property.
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349 2. When a land record is recorded for a monitored identity,
350 the property appraiser must send a recording notification to
351 each registrant who is subscribed to receive recording
352 notifications for that monitored identity within 24 hours after
353 the instrument being reflected on the county tax roll.
354 Section 7. This act shall take effect July 1, 2024.
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The Florida Senate
1t23t2024 APPEARANCE RECORD 356
Meeting Date Bill Number orTopic
Deliver both_copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
THE FLORIDA
COMMITTEES: Edda lvonne Fernandez - AARP 954-850-7262
SENATE Govemment Oversight and Accountability, Chair
Name Phone
Tallahassee, Florida 32399-1 100 Appropriations
Appropriations Committee on Education
Appropriations Committee of Health and Human Address 215 S, Monroe Street Email ifernandez@aarp.org
Services Street
Education Pre-K 12
Ethics and Elections
Health Policy
Tallahassee FL
SENATOR Bryan Avila Select Committee on Resiliency City State Zip
39th District Joint Select Committee on Collective Bargaining
speaking: ffi ror lfl ngainst fi lnformation OR waive speaking: lpi tn support ffi ngainst
January 8,2024
PLEASE CHECK ONE OF THE FOLLOWING:
Honorable Senator Jay Trumbull
Committee on Commerce and Tourism
lam appearing without
IE compensation or sponsorship. W representing:
lam a registered lobbyist
F I am not a lobbyist but received
something of value for my appearance
(travel, meals, lodging, etc.),
Honorable Chair Trunbull: sponsored by:
AARP
I respectfully request SB 356 Notaries Public be placed on the next committee agenda.
SB 356 Notaries Public requires that certain notarial certificates contain the printed names of specified
individuals; prohibiting a notary public from falsely notarizing the signature of a person who is not in that This form is part of the public record for this meeting. s-001 (08/10/20211
notary public's presence, either in person or online; deleting a provision that prohibits a notary public from
notarizing a signature on a document of a person who is not, at the time of the notarial act, physically
present or present by means of audio-video communication technology and that provides civil penalties;
requiring a notary public to keep at least one electronic journal; requiring the Department of State to retain
jurisdiction over the journal records for a specified timeframe for a certain purpose
Thank you for your consideration.
Sincerely,
%M
Senator Bryan Avila
Florida Senate, District 39
CC: Todd McKay, Staff Director
Renita Hayes, Committee Adm inistrative Assistant
Andrea Gainey, Legislative Assistant
Kimberly Rogers, Legislative Assistant
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President of the Senate President Pro Tempore
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 542
INTRODUCER: Commerce and Tourism and Senator Ingoglia
SUBJECT: Boards of Directors of Banks
DATE: January 24, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Moody Knudson BI Favorable
2. McMillan McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 542 prohibits any person who served as an executive officer or director of a financial
institution within the 5 year period before the date such financial institution became insolvent,
from serving as an executive officer or director of any state financial institution for 5 years after
the date of such insolvency.
Any person who is disqualified under the aforementioned prohibition, is also prohibited from
having direct or indirect control over the selection or appointment of an executive officer or
director to any state financial institution through contact, trust, or by operation of law during
such disqualification period. However, the prohibitions in the bill do not apply when an
executive officer or director demonstrates to the Office of Financial Regulation (OFR), and the
OFR determines, that the actions or omissions of such executive officer or director were not a
contributing cause to the insolvency.
The bill takes effect upon becoming a law.
BILL: CS/SB 542 Page 2
II. Present Situation:
A bank fails when it must be closed, which generally happens when a bank becomes insolvent
because it is unable to meet its monetary obligations.1 The Federal Deposit Insurance
Corporation (FDIC) reports that there have been 566 bank failures from 2001 through 2023,2 five
of which were in 2023.3
Dual Oversight of Depository Institutions
An institution must have a federal or state charter to accept deposits. Banks are chartered and
regulated as national banks by the Office of the Comptroller of the Currency within the U.S.
Department of the Treasury or as state banks by a state regulator.4
The Florida Financial Institutions Codes apply to all state-authorized or state-chartered financial
banks, trust companies, credit unions and related entities.5 The Office of Financial Regulation
(OFR) licenses and regulates 200 financial entities, including 69 state-chartered banks as of June
2023.6 There are also 26 nationally-chartered banks and 3 federally-chartered savings institutions
operating in Florida as of September 2023.7
Due to federal preemptions, a state’s regulatory powers in relation to federally chartered
institutions is limited. However, the state may exercise powers within their exceptions to
exclusive federal visitorial authority. Such exceptions are those recognized by federal law and
courts of law, or exceptions created by the U.S. Congress.8 Banks chartered by the OFR must
become members of the Federal Reserve or obtain insurance from the Federal Deposit Insurance
Corporation.9 Thus, state-chartered banks are subject to a dual-regulatory system.10
The OFR must examine the condition of each state-chartered financial institution at least every
18 months, and may conduct more frequent examinations as needed that are based on risks
associated with a licensee, such as prior examination results or significant operational changes. 11
1
The FDIC, When a Bank Fails – Facts for Depositors, Creditors, and Borrowers, July 28, 2014, available at FDIC: When a
Bank Fails - Facts for Depositors, Creditors, and Borrowers (last visited Jan. 24, 2024) (hereinafter cited as “FDIC: When a
Bank Fails – Facts for Depositors, Creditors, and Borrowers).
2
The FDIC, Bank Failures in Brief – Summary 2001 through 2023, Nov. 3, 2023, available at FDIC: Bank Failures in Brief
(last visited Jan. 24, 2024).
3
The five banks are: (a) Citizens Bank on November 3, 2023, (b) Heartland Tri-State Bank on July 28, 2023, (c) First
Republic Bank on May 1, 2023, (d) Signature Bank on March 12, 2023, and (e) Silicon Valley Bank on March 10, 2023. The
FDIC, Failed Bank List, Oct. 1, 2000, available at FDIC: Failed Bank List (last visited Jan. 24, 2024).
4
Congressional Research Service, Introduction to Financial Services: Banking, p. 1, Jan. 5, 2023, available at
https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited Jan. 24, 2024).
5
Section 655.005(1)(k), F.S., states that the Financial Institutions Codes includes: Ch. 655, financial institutions generally;
Ch. 657, credit unions; Ch. 658, banks and trust companies; Ch. 660, trust business; Ch. 662, family trust companies; Ch.
663, international banking; Ch. 665, relating to associations; and Ch. 667, savings banks.
6
The OFR, Fast Facts (2023 ed.), available at FastFacts.pdf (flofr.gov) (last visited Jan. 24, 2024).
7
The FDIC, FDIC State Tables, Aug. 31, 2022, available at FDIC: State Tables (last visited Jan. 24, 2024).
8
12 C.F.R. § 7.4000 (2011).
9
Sections 658.22 and 658.38, F.S.
10
The OCC, Who Regulates My Bank?, available at Who Regulates My Bank? (helpwithmybank.gov) (last visited Jan. 24,
2024).
11
Section 655.045(1), F.S.
BILL: CS/SB 542 Page 3
When a state-chartered financial institution also has a federal regulator, the OFR may accept an
examination performed by the federal regulator12 or the regulators may conduct a joint
examination.13
Laws Relating to Directors and Executive Officers
Once a financial institution obtains a charter, one of the regulator’s primary tasks is to ensure
solvency, which is achieved by conducting financial exams of its licensed entities. Financial
institutions also need approval from their regulator to make changes in their upper management,
merge with another company, pay dividends to shareholders, engage in material transactions
with subsidiaries and affiliates, or make significant changes to their business operations.14
Qualifications
Section 658.33, F.S., provides that the board of directors of a bank or trust company must consist
of at least five directors. Each director must be elected, except in cases when a director is
appointed to fill a vacancy.15 Elections are held at the annual meeting of stockholders or at a
special meeting.16
A majority of the directors must be United States citizens during their whole term of service, and
a majority of the directors must have resided in Florida for at least 1 year preceding their election
and must remain residents during their time in office.17 Within 30 days following the annual
meeting or any other meeting at which directors or officers are elected, the bank or trust
company must submit to the office the names and residence addresses of those persons on a form
adopted by the commission and provided by the office.18
Each director, upon assuming office, must acknowledge that he or she is familiar with his or her
responsibilities as a director and that he or she will diligently and honestly administer the affairs
of the bank or trust company and will not knowingly violate, or willfully permit to be violated,
any of the provisions of the financial institutions codes or pertinent rules of the commission.19
12
The FDIC may conduct examinations or take authorized investigatory steps to determine compliance with applicable law
and regulations. 12 U.S.C. § 1820.
13
Section 655.045(1)(a), F.S.
14
For a detailed discussion of the regulatory framework, see, Congressional Research Service, Who Regulates Whom? An
Overview of the U.S. Financial Regulatory Framework, March 10, 2020, available at
https://crsreports.congress.gov/product/pdf/R/R44918/7 (last visited Jan. 24, 2024). See also ss. 655.0385, 655.0386,
655.03855, and 655.412, F.S.
15
Section 658.33(1), F.S.
16
Id. However, if authorized by the articles of incorporation, a majority of the full board of directors may, at any time during
the year following the annual meeting of shareholders, increase the number of directors of the bank or trust company by not
more than two and appoint persons to fill the resulting vacancies.
17
Section 658.33(2), F.S. In the case of a bank or trust company with total assets of less than $150 million, at least one, and
in the case of a bank or trust company with total assets of $150 million or more, two of the directors who are not also officers
of the bank or trust company must have had at least 1 year of direct experience as an executive officer, regulator, or director
of a financial institution within the last 5 years.
18
Section 658.33(3), F.S.
19
Section 658.33(4), F.S. The signed copy of such oath must be filed with the office within 30 days after election.
BILL: CS/SB 542 Page 4
The president, chief executive officer, or any other person, regardless of title, who has equivalent
rank or leads the overall operations of the bank or trust company must have had at least 1 year of
direct experience as an executive officer, director, or regulator of a financial institution within
the last 5 years.20
Disapproval of Directors and Executive Officers
Federal law
An insurance depository institution21 or a depository institution holding company22 must notify
the appropriate Federal banking agency23 of the proposed addition of any individual to the board
of directors or the employment of any individual as a senior executive officer of such institution
or holding company at least 30 days (or such other time as prescribed by the Federal banking
agency) before such addition if:24
The entity is noncompliant with minimum capital requirements or is otherwise in a troubled
condition;25 or
The agency determines, within its specified authority, that prior notice is appropriate.
The appropriate Federal banking agency must issue a notice of disapproval if the competence,
experience, character, or integrity of an individual indicates that it would not be in the best
interests of the depositors of the depository institution or the public to permit the individual to be
a director or be employed as a senior executive officer of the institution.26 If the appropriate
Federal banking agency issues a notice of disapproval before the end of a specified notice period,
the entity may not add the individual to the board of directors.27
20
See s. 658.33(5), F.S. This requirement may be waived by the OFR after considering the overall experience and expertise
of the proposed officer and the condition of the bank or trust company as reflected in the most recent regulatory examination
report and other available data.
21
“Insured depository institution” is defined as any bank or savings association the deposits of which are insured by the
FDIC pursuant to ch. 16. 12 U.S.C. § 1831(c)(2). Under Florida law, a state bank must obtain and thereafter maintain
insurance of its deposits by the FDIC. See s. 658.38, F.S.
22
“Depository institution holding company” is defined as a bank holding company or a savings and loan holding company.
12 U.S.C. § 1831(w). “Bank holding company” means any company which has control over any bank or over any company
that is or becomes a bank holding company by virtue of ch. 17. 12 U.S.C. § 1841. “Savings and loan holding company” is
defined as any company that directly or indirectly controls a savings association or that controls any other company that is a
savings and loan holding company except as specified in 12 U.S.C. § 1467a(a)(1)(D)(ii). 12 U.S.C. § 1467a(a)(1)(D)(i).
23
“Appropriate Federal banking agency” is defined as: (1) the Office of the Comptroller of the Currency in the case of: (A)
any national banking association; (B) any Federal branch or agency of a foreign bank; and (C) any Federal savings
association; (2) the Federal Deposit Insurance Corporation, in the case of: (A) any State nonmember insured bank; (B) any
foreign bank having an insured branch; and (C) any State savings association; (3) the Board of Governors of the Federal
Reserve System, in the case of: (A) any State bank; (B) certain branch or agencies of a foreign bank; (C) any foreign bank
which does not operate an insured branch; (D) any agency or commercial lending company other than a Federal agency; (E)
supervisory or regulatory proceedings arising from the authority given to the Board of Governors under certain provisions;
(F) any bank holding company and any non-depository subsidiaries of a bank holding company; and (G) any savings and
loan holding company and any non-depository subsidiaries of a savings and loan holding company. 12 U.S.C. § 1813(q).
24
12 U.S.C. § 1831i(a).
25
“Troubled condition” must be defined by each appropriate Federal banking agency. 12 U.S.C. § 1831i(f).
26
12 U.S.C. § 1831i(e).
27
12 U.S.C. § 1831i(b).
BILL: CS/SB 542 Page 5
Florida law
Similar to Federal law, Florida law also authorizes the OFR to disapprove the proposed
appointment of any individual to the board of directors or employment of an individual as an
executive officer if the state financial institution meets specified criteria, including, but not
limited to, when the institution is non-compliant with minimum capital requirements or is
otherwise operating in an unsafe and unsound condition.28
Removal and Prohibition Orders of Directors
Federal law
Pursuant to 12 U.S.C. 1818(e), an appropriate Federal banking agency may serve upon a director
(other than a bank holding company or savings and loan holding company) 29 a written notice of
the agency’s intention to remove such director from office or to prohibit any further participation
in the conduct of the affairs of any insured depository institution if certain criteria are met.30
Specifically, the appropriate Federal banking agency may take such action if it has determined
that a director has:31
Violated any law or regulation, any final cease-and-desist order, or certain conditions
imposed in writing by, or any written agreement entered into with, certain Federal banking
agencies;
Engaged in any unsafe or unsound practice, or any act, omission, or practice which
constitutions a breach of the director’s fiduciary duty;
By reason of the violation, practice, or breach:
o Such insured depository institution or business institution has suffered or will
probably suffer financial loss or other damage;
o The interests of the insured depository institution’s depositors have been or could be
prejudiced; or
o The director has received financial gain or other benefit by reason of such violation,
practice, or breach; and
Such violation, practice, or breach involves personal dishonesty by the director, or
demonstrates willful or continuing disregard by the director for the safety or soundness of
such insured depository institution or business.
28
“Unsafe and unsound practice” is defined as: 1. any practice or conduct found by the office to be contrary to generally
accepted standards applicable to a financial institution, or a violation of any prior agreement in writing or order of a state or
federal regulatory agency, which practice, conduct, or violation creates the likelihood of loss, insolvency, or dissipation of
assets or otherwise prejudices the interest of the financial institution or its depositors or members. Section 655.005(y), F.S.
29
Federal law applies to “any institution-affiliated party” which is a broader category of persons than only directors and is
defined as: (1) any director, officer, employee, or controlling stockholder (other than a bank holding company or savings and
loan holding company) of, or agent for, an insured depository institution; (2) any other person who has filed or is required to
file a change-in-control notice with the appropriate Federal banking agency under s. 1817(j) of this title; (3) any shareholder
(other than a bank holding company or savings and loan holding company), consultant, joint venture partner, and any other
person as determined by the appropriate Federal banking agency (by regulation or case-by-case) who participates in the
conduct of the affairs of an insured depository institution; and (4) certain independent contractors. 12 U.S.C. § 1813(u).
30
12 U.S.C. § 1818(e). The appropriate Federal banking agency may also remove a director for specific violations of federal
law, such as intentionally violating provisions relating to records and reports on mandatory instruments transactions. 12
U.S.C. § 1818(e)(2).
31
12 U.S.C. § 1818(e)(1).
BILL: CS/SB 542 Page 6
The appropriate Federal banking agency may suspend the director from office or prohibit the
director from further participation in the affairs of the depository institution if the agency finds
that such action is necessary for the protection of the depository institution’s depositors, and the
director is served with written notice of the suspension order.32
Any director who is suspended from office or prohibited from participating in the affairs of the
institution pursuant to this provision or pursuant to certain criminal offenses33 may not, while
such order is in effect, continue or commence to hold any office in, or participate in any manner
in the conduct of the affairs of, any insured depository institution and other specified entities. 34
A specified federal agency may consent to limit or cease enforcement of any order against a
director.35
Pursuant to these provisions, the FDIC pursued enforcement actions against directors of First
NBC Bank which was a bank in New Orleans that failed in April 2017.36 In April 2023, the
FDIC issued orders of prohibition from further participation in specified activities, including
serving or acting as a director unless or until the order is modified, terminated, suspended, or set
aside by the FDIC and specified agencies.37
Florida law
Similar to Federal laws, Section 655.037, F.S., authorizes the OFR to issue and serve a complaint
to remove a director38 of a financial institution if the OFR has reason to believe that such party is
engaging or has engaged in any specified conduct, including, but not limited to, an unsafe or
unsound practice,39 a prohibited act or practice, or a willful violation of any law relating to
financial institutions.40 The complaint must contain a statement of facts and notice of opportunity
to be heard.41 The OFR may enter an order removing the director or restricting or prohibiting
32
12 U.S.C. § 1818(e)(3)(A).
33
12 U.S.C. § 1818(g).
34
12 U.S.C. § 1818(e)(7)(A).
35
12 U.S.C. § 1818(e)(7)(B).
36
RegReport, Directors from Failed NOLA Bank Prohibited from Further Service or Fined – or Both, May 26, 2023,
available at Directors from failed NOLA bank prohibited from further service or fined – or both – Regulatory Report
(regreport.info) (last visited Jan. 24, 2024).
37
The FDIC, ED&O Search Form, available at FDIC: Enforcement Decisions and Orders - Search Form (last visited Jan. 24,
2024).
38
Florida law applies to any “financial institution-affiliated party” which is a broader category of persons than only directors
and is defined as: 1. a director, officer, employee, or controlling stockholder, other than a financial institution holding
company, of, or agent for, a financial institution, subsidiary, or service corporation; 2. Any other person who has filed or is
required to file a change-of-control notice with the appropriate state or federal regulatory agency; 3. A stockholder, other than
a financial institution holding company, a joint venture partner, or any other person as determined by the office who
participates in the affairs of a financial institution, subsidiary, or service corporation; or 4. certain independent contractors.
See s. 655.005(j), F.S.
39
“Unsafe or unsound practice” is defined as: 1. any practice or conduct found by the office to be contrary to generally
accepted standards applicable to a financial institution, or a violation of any prior agreement in writing or order of a state or
federal regulatory agency, which practice, conduct, or violation creates the likelihood of loss, insolvency, or dissipation of
assets or otherwise prejudices the interest of the financial institution or its depositors or members. See s. 655.005(y), F.S.
40
Section 655.037(1), F.S.
41
Section 655.037(2), F.S. The OFR’s jurisdiction and authority to issue any notice and proceed with a complaint is not
affected by resignation, termination of employment or participation, or separation from a state financial institution by the
BILL: CS/SB 542 Page 7
participation by the director in the affairs of that particular state financial institution, or any other
state financial institution, subsidiary, or service if: (a) the director does not request a hearing
within the prescribed time, or (b) a hearing is held and the OFR makes findings that:42
Any of the charges in the complaint are true;
One of the following is met:
o The state financial institution has suffered or will likely suffer loss or other damage;
o The interests of the depositors, members, or shareholders could be seriously
prejudiced; or
o The director has received financial gain by reason of such violation, practice, or
breach; and
Such violation, practice, or breach of fiduciary duty is one involving personal dishonesty by
the director, or a continued disregard for the safety or soundness of the state financial
institution.43
Under Florida law, any director removed from office pursuant to s. 655.037, F.S., is not eligible
for reelection to such position or to any official position in any financial institution in Florida
except with the written consent of the OFR.44
III. Effect of Proposed Changes:
The bill creates s. 655.038, F.S., to prohibit any person who served as an executive officer or
director of a financial institution within the 5 year period before the date such financial
institution became insolvent, from serving as an executive officer or director of any state
financial institution for 5 years after the date of such insolvency. This prohibition only applies to
any insolvency that occurs on or after the effective date of the bill.
The bill provides that any person who is disqualified under the aforementioned prohibition, is
also prohibited from having direct or indirect control over the selection or appointment of an
executive officer or director to any state financial institution through contact, trust, or by
operation of law during such disqualification period. However, the prohibitions in the bill do not
apply when an executive officer or director demonstrates to the OFR, and the OFR determines,
that the actions or omissions of such executive officer or director were not a contributing cause
to the insolvency.
The bill directs the Division of Law Revision to replace the phrase “the effective date of this act”
wherever it occurs in the bill with the date this bill becomes a law.
The bill takes effect upon becoming a law.
director if such notice is served before the end of the 6-year period beginning on the date such person ceases to be such a
director with respect to the state financial institution. See s. 655.037(8), F.S.
42
See s. 655.037, F.S.
43
See s. 655.037(3), F.S.
44
Section 655.037(7), F.S.
BILL: CS/SB 542 Page 8
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Financial institutions and their customers may benefit from not having executive officers
or directors that held the same position in a financial institution doing business in Florida
that went insolvent within the previous 5 years.
A financial institution may incur replacement costs to the extent that any current
executive officers or directors are disqualified under the provisions of the bill. Executive
officers and directors who, but for the provisions of CS/SB 542, would serve as an
executive officer or director of a financial institution may lose compensation.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
BILL: CS/SB 542 Page 9
VIII. Statutes Affected:
This bill creates section 655.038 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on January 23, 2024
The committee substitute creates s. 655.038, F.S., to prohibit any person who served as
an executive officer or director of a financial institution within the 5 year period before
the date such financial institution became insolvent, from serving as an executive officer
or director of any state financial institution for 5 years after the date of such insolvency.
This prohibition only applies to any insolvency that occurs on or after the effective date
of the bill. Additionally, any person who is disqualified under the aforementioned
prohibition, is also prohibited from having direct or indirect control over the selection or
appointment of an executive officer or director to any state financial institution through
contact, trust, or by operation of law during such disqualification period. However, the
prohibitions in the bill do not apply when an executive officer or director demonstrates to
the Office of Financial Regulation (OFR), and the OFR determines, that the actions or
omissions of such executive officer or director were not a contributing cause to the
insolvency. The bill will take effect upon becoming a law.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 542 Bill No. SB 542
Ì191300^Î191300 Ì191300^Î191300
LEGISLATIVE ACTION 11 as an executive officer or director of any state financial
Senate . House 12 institution for 5 years after the date of such insolvency. Any
Comm: RCS . 13 person who is disqualified from serving as an executive officer
01/23/2024 . 14 or director of any state financial institution under this
. 15 subsection may not have direct or indirect control over the
. 16 selection or appointment of an executive officer or director to
. 17 any state financial institution through contract, trust, or by
18 operation of law during such disqualification period. This
19 section does not apply when an executive officer or director
20 that demonstrates to the office, and the office determines, that
21 the actions or omissions of such executive officer or director
22 were not a significant contributing cause to the insolvency. As
23 used in this subsection, the term “executive officer” has the
24 same meaning as in s. 655.005(1).
25 Section 2. The Division of Law Revision is directed to
The Committee on Commerce and Tourism (Ingoglia) recommended the 26 replace the phrase “the effective date of this act” wherever it
following: 27 occurs in this act with the date this act becomes a law.
28 Section 3. This act shall take effect upon becoming a law.
1 Senate Amendment (with title amendment) 29
2 30 ================= T I T L E A M E N D M E N T ================
3 Delete everything after the enacting clause 31 And the title is amended as follows:
4 and insert: 32 Delete everything before the enacting clause
5 Section 1. Section 655.038, is created to read: 33 and insert:
6 655.038 Directors, qualifications; officers.—Any person who 34 A bill to be entitled
7 served as an executive officer or director of a financial 35 An act relating to executive officers and boards of
8 institution within the 5-year period before the date such 36 directors of financial institutions; creating s.
9 financial institution became insolvent, for any insolvency that 37 655.038, F.S.; disqualifying certain persons from
10 occurs on or after the effective date of this act, may not serve 38 serving as executive officers or directors of a state
39 financial institution under certain circumstances;
Page 1 of 3 Page 2 of 3
1/22/2024 1:35:03 PM 577-02337-24 1/22/2024 1:35:03 PM 577-02337-24
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 542
Ì191300^Î191300
40 prohibiting disqualified executive officers and
41 directors from selecting or appointing certain persons
42 in specified circumstances; providing applicability;
43 defining the term “executive officer”; providing a
44 directive to the Division of Law Revision; providing
45 an effective date.
Page 3 of 3
1/22/2024 1:35:03 PM 577-02337-24
Florida Senate - 2024 SB 542
By Senator Ingoglia
11-00212B-24 2024542__
1 A bill to be entitled
2 An act relating to boards of directors of banks;
3 amending s. 658.33, F.S.; disqualifying certain
4 persons from serving on the board of directors of a
5 bank under certain circumstances; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Present subsections (2) through (5) of section
11 658.33, Florida Statutes, are redesignated as subsections (3)
12 through (6), respectively, and a new subsection (2) is added to
13 that section, to read:
14 658.33 Directors, number, qualifications; officers.—
15 (2) If a person has previously served on a board of
16 directors of a bank doing business in this state which became
17 insolvent, such person is disqualified from serving on the board
18 of directors of another bank for 5 years after the date such
19 bank became insolvent.
20 Section 2. This act shall take effect July 1, 2024.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
THE FLORIDA SENATE COMMITTEES:
Finance andFax, Chair
Appropriations
Tallahassee, Florida. 32399-1 1 00 Banking and lnsurance
Criminal lustice
Ethics and Elections
SELECT COMMITTEE:
Select Committee on ResiliencY
Senator Blaise Ingoglia JOINT COMMITTEE:
Joint Administrative Procedures
I lth District
Committee, Altern ating Choir
January to,2oz4
The Honorable Jay Trumbull, Chair
Commerce and Tourism
319 Senate Office Building
4o4 South Monroe Street
Tallahassee, FL 32399
Re: SB S4zBoards of Directors of Banks
Chair Trumbull,
SB 542 has been referred to the Commerce and Tourism as its second committee of
reference. I respectfully request that it be placed on the agenda at your earliest
convenience.
If I may answer questions or be of assistance, please do not hesitate to contact me.
Thank you for your leadership and consideration.
Regards,
Blaise Ingoglia
State Senator, District rr
Cc: Todd McKay, Staff Director, Jennifer Renner, Deputy Staff Director, Renita Hayes, Committee
Administration Assistant
KATHLEEN PASSIDOMO DENNIS BAXLEY
President of the Senate President Pro Tempore
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 998
INTRODUCER: Senator Collins
SUBJECT: Sale of Liquefied Petroleum Gas
DATE: January 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McKay McKay CM Favorable
2. EN
3. FP
I. Summary:
SB 998 makes a number of changes with regard to the regulation of liquefied petroleum (LP) gas
by the Department of Agriculture and Consumer Services (DACS):
Provides that a category I liquefied petroleum gas dealer license may include up to two
remote bulk storage locations to meet minimum bulk storage requirements, and that remote
bulk storage locations must be located within 75 miles of the licensed location and included
in the category I liquefied petroleum gas dealer license application.
Specifies that a competency exam must be completed within 90 days after the application has
been accepted by the DACS.
Requires that qualifiers must have 1 year of verifiable LP gas experience.
Provides that a person may not act as a master qualifier for more than one licensee.
Gives the DACS the authority to condemn unsafe equipment and order immediate removal of
LP gas that is deemed a threat to public health.
Adjusts language relating to aggregate capacity of containers.
Requires LP gas technicians to provide their name, qualifier number, and license number on
all work orders.
Prohibits anyone other than those authorized from adding or removing gas from a customer’s
tank.
Revises and clarifies the minimum storage requirement to account for aggregate storage.
The bill provides an effective date of July 1, 2024.
II. Present Situation:
The Present Situation for each section in the bill is discussed below in conjunction with the
Effect of Proposed Changes.
BILL: SB 998 Page 2
III. Effect of Proposed Changes:
The Bureau of Compliance within the Department of Agriculture and Consumer Services
(DACS) is the primary agency charged with regulating the liquefied petroleum (LP) gas industry,
including licensing, inspection, training, and examination requirements, pursuant to Ch. 527,
F.S.1 LP gas is defined in statute as any material composed predominantly of any of the
following hydrocarbons, or mixtures of the same: propane; propylene; butanes (normal butane or
isobutane); and butylenes.2
Definitions and Licensure
Section 527.01, F.S., provides definitions for use in ch. 527, F.S.
Pursuant to s. 527.02, F.S., it is unlawful for any person in Florida to engage in any of the
following activities without first obtaining a license from the DACS to do so:
Category I liquefied petroleum gas dealer - any person selling or offering to sell by delivery
or at a stationary location any liquefied petroleum gas to the consumer for industrial,
commercial, or domestic use; any person leasing or offering to lease, or exchanging or
offering to exchange, any apparatus, appliances, and equipment for the use of liquefied
petroleum gas; any person designing, installing, servicing, altering, or modifying apparatus,
piping, tubing, appliances, and equipment for the use of liquefied petroleum or natural gas;
any person installing carburetion equipment; or any person requalifying cylinders. 3
Category II liquefied petroleum gas dispenser - any person engaging in the business of
operating a liquefied petroleum gas dispensing unit for the purpose of serving liquid products
to the consumer for industrial, commercial, or domestic use, and selling or offering to sell, or
leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied
petroleum gas, including maintaining a cylinder storage rack at the licensed business location
for the purpose of storing cylinders filled by the licensed business for sale or use at a later
date.4
Category III liquefied petroleum gas cylinder exchange operator - any person operating a
storage facility used for the purpose of storing filled propane cylinders of not more than 43.5
pounds propane capacity or 104 pounds water capacity, while awaiting sale to the consumer,
or a facility used for the storage of empty or filled containers which have been offered for
exchange.5
Category IV dealer in appliances and equipment - any person selling or offering to sell, or
leasing or offering to lease, apparatus, appliances, and equipment for the use of liquefied
petroleum gas.6
Category V LP gas installer - any person who is engaged in the liquefied petroleum gas
business and whose services include the design, installation, servicing, altering, or modifying
of apparatus, piping, tubing, tanks, and equipment for the use of liquefied petroleum or
1
See The Florida Department of Agriculture and Consumer Services, Liquefied Petroleum Gas Licenses, available at
https://www.fdacs.gov/Business-Services/LP-Gas-Licenses (last visited Jan. 22, 2024).
2
Section 527.01(1), F.S.
3
Section 527.01(6), F.S.
4
Section 527.01(7), F.S.
5
Section 527.01(8), F.S.
6
Section 527.01(9), F.S.
BILL: SB 998 Page 3
natural gas and selling or offering to sell, or leasing or offering to lease, apparatus,
appliances, and equipment for the use of liquefied petroleum or natural gas.7
Category VI miscellaneous operator - any person who is engaged in operation as a
manufacturer of LP gas appliances and equipment; a fabricator, repairer, and tester of
vehicles and cargo tanks; a requalifier of LP gas cylinders; or a pipeline system operator.8
The sale of liquefied petroleum gas cylinders with a volume of 10 pounds water capacity or 4.2
pounds liquefied petroleum gas capacity or less is exempt. It is a felony of the third degree9 to
intentionally or willfully engage in any of these activities without first obtaining appropriate
licensure from the DACS. Each business location of a person having multiple locations must be
separately licensed.10
Section 1 amends s. 527.01, F.S., to provide definitions for the following terms:
“Licensed location” means the premises on which category I, category II, category III,
category IV, category V, or category VI liquefied petroleum gas operations are performed.
“Remote bulk storage” means the location of liquefied petroleum gas stored for the sole
purpose of filling delivery vehicles used in delivery to an end user.
Section 2 amends s. 527.02, F.S., to provide that a category I liquefied petroleum gas dealer
license may include up to two remote bulk storage locations to meet the minimum bulk storage
requirements of s. 527.11, F.S. Remote bulk storage locations must be located within 75 miles of
the licensed location and included in the category I liquefied petroleum gas dealer license
application.
Qualifiers and Master Qualifiers
A person applying for a license to engage in category I, category II, or category V activities must
prove competency by passing a written examination administered by the DACS or its agent with
a grade of 70 percent or above in each area tested, and each applicant for examination must
submit a $20 nonrefundable fee.11
Application for examination for competency may be made by an individual or by an owner, a
partner, or any person employed by the license applicant. Upon successful completion of the
competency examination, the DACS must register the examinee.12
Qualifier registration automatically expires if the individual terminates active employment in the
area of examination for a period exceeding 24 months, or fails to provide documentation of
continuing education. If the qualifier registration has expired, the individual must apply for and
successfully complete an examination by the DACS in order to reestablish qualifier status. 13
7
Section 527.01(10), F.S.
8
Section 527.01(11), F.S.
9
See ss. 775.082, 775.083, and 775.084, F.S., which provide that a “felony of the third degree” is punishable by a term of
imprisonment not to exceed 5 years, and a fine not to exceed $5,000.
10
Section 527.02(1), F.S.
11
Section 527.0201(1), F.S.
12
Section 527.0201(2), F.S.
13
Section 527.0201(2)(a), F.S.
BILL: SB 998 Page 4
Every business organization in license category I, category II, or category V must employ at all
times a full-time qualifier who has successfully completed an examination in the corresponding
category of the license held by the business organization. A person may not act as a qualifier for
more than one licensed location.14 A qualifier for a business must actually function in a
supervisory capacity of other company employees performing licensed activities. A separate
qualifier is required for every 10 such employees.15
In addition to all other licensing requirements, each category I and category V licensee must, at
the time of application for licensure, identify to the DACS one master qualifier who is a full-time
employee at the licensed location. This person must be a manager, owner, or otherwise primarily
responsible for overseeing the operations of the licensed location and must provide
documentation to the DACS. The master qualifier requirement is in addition to the requirements
of s. 527.0201(1), F.S.16
In order to apply for certification as a master qualifier, each applicant must have a minimum of 3
years of verifiable LP gas experience or hold a professional certification by an LP gas
manufacturer, each applicant must be employed by a licensed category I or category V licensee
or an applicant for such license, and each applicant must pass a master qualifier competency
examination administered by the DACS or its agent. Master qualifier examinations must be
based on Florida’s laws, rules, and adopted codes governing liquefied petroleum gas safety,
general industry safety standards, and administrative procedures. The applicant must successfully
pass the examination with a grade of 70 percent or above. Each applicant for master qualifier
registration must submit to the DACS a nonrefundable $30 examination fee before the
examination.17
Upon successful completion of the master qualifier examination, the DACS must issue the
examinee a master qualifier registration. A master qualifier may transfer from one licenseholder
to another upon becoming employed by the company and providing a written request to the
DACS.18
A master qualifier registration expires 3 years after the date of issuance and may be renewed by
submission of documentation of completion of at least 16 hours of approved continuing
education courses during the 3-year period, proof of employment, and a $30 certificate renewal
fee. The DACS must define approved courses of continuing education.19
Section 3 amends s. 527.0201(2), F.S., to provide that the examination for competency must be
completed within 90 days after the application has been accepted by the DACS.
The bill also provides that in order to apply for certification as a qualifier, each applicant must
have a minimum of 1 year of verifiable LP gas experience. A person may not act as a qualifier
for more than one licensed or remote bulk storage location.
14
Section 527.0201(2)(b), F.S.
15
Section 527.0201(4), F.S.
16
Section 527.0201(5), F.S.
17
Section 527.0201(5)(a), F.S.
18
Section 527.0201(5)(b), F.S.
19
Section 527.0201(5)(c), F.S.
BILL: SB 998 Page 5
A qualifier for a business must actually function in a position with authority to monitor and
enforce safety provisions under ch. 527, F.S., at the licensed location.
The bill replaces a requirement that each category I and category V licensee must identify to the
DACS one master qualifier who is a full-time employee at the licensed location with a
requirement that the identification be of a master qualifier who is a full-time employee of the
licensee. A person may not act as a master qualifier for more than one licensee.
Powers and Duties of the DACS
The DACS is empowered to enforce all statutory provisions and adopted rules related to:
The safe handling, installing, storing, selling, utilizing, transporting, servicing, testing,
repairing, or maintaining of liquefied petroleum gas, liquefied petroleum gas equipment, and
liquefied petroleum gas systems.20
Reasonable standards of competency required of persons to safely engage in the business of
handling, installing, storing, selling, utilizing, transporting, servicing, testing, repairing, or
maintaining liquefied petroleum gas, liquefied petroleum gas equipment, or liquefied
petroleum gas systems, including, but not limited to, the training, licensure, testing, and
qualifying of such persons.21
The DACS has the powers and authority expressly conferred on it by, or reasonably implied
from, the provisions of ch. 527, F.S., and may conduct such investigations as it may deem proper
to determine whether any person has violated any provision of ch. 527, F.S., or adopted rule, or
to secure information useful in the lawful administration of any law or rule promulgated pursuant
to ch. 527, F.S..22 The DACS may collect, propose, publish, and disseminate information relating
to the subject matter of any duties imposed upon it by law.23
Section 4 amends s. 527.055, F.S., to provide that the DACS has the powers and authority to
condemn unsafe equipment and order the immediate removal of LP gas from storage that does
not comply with ch. 527, F.S, and is deemed a threat to the public health, safety, and welfare.
Bulk Storage Locations
The provisions of ch. 527, F.S., apply to liquefied petroleum gas bulk storage locations when:
A single container in the bulk storage location has a capacity of 2,000 gallons or more.
The aggregate container capacity of the bulk storage location is 4,000 gallons or more. or
A container or containers are installed for the purpose of serving the public the liquid
product.24
20
Section 527.055(1)(a), F.S.
21
Section 527.055(1)(b), F.S.
22
See ss. 527.055(2), and 527.055(3), F.S.
23
Section 527.055(4), F.S.
24
Section 527.0605, F.S.
BILL: SB 998 Page 6
No newly installed container may be placed in operation until it has been inspected and approved
by the DACS.25
Section 5 amends s. 527.0605(1)(b), F.S., to provide that the provisions of ch. 527, F.S., apply to
liquefied petroleum gas bulk storage locations when the aggregate container capacity of the bulk
storage location is more than 4,000 gallons.
Responsibilities of Persons Engaged in Servicing Liquefied Petroleum Gas Equipment
All persons engaged in the business of servicing, testing, repairing, maintaining, or installing LP
gas equipment and systems must initially present proof of licensure to consumers, owners, or end
users prior to working on said equipment or systems. Additionally, such persons must
subsequently present proof of licensure upon the request of consumers, owners, end users, or
persons who have authorized such work.26
Any consumer, owner, end user, or person who alters or modifies his or her LP gas equipment or
system in any way must, for informational purposes, notify the licensed dealer who next fills or
otherwise services his or her LP gas system that such work has been performed. The DACS may
promulgate rules prescribing the method of notification. Such notification must be made within a
reasonable time prior to the date the liquefied petroleum gas equipment or system is next filled or
otherwise serviced in order that the equipment or system may be serviced in a safe manner.27
A category I liquefied petroleum gas dealer may not render a consumer’s LP gas equipment or
system inoperable or discontinue service without providing written or electronic notification to
the consumer at least 5 business days before rendering the LP gas equipment or system
inoperable or discontinuing service. This notification does not apply in the event of a hazardous
condition known to the category I liquefied petroleum gas dealer.28
Section 6 amends s. 527.067, F.S., to add a provision that all persons engaged in the business of
servicing, testing, repairing, maintaining, or installing liquefied petroleum gas equipment and
systems must include on all work orders, estimates, invoices, and similar documentation the
name, qualifier number, and license number of the person performing the work.
Restriction on use of containers
A person, other than the owner and those authorized by the owner, may not sell, fill, refill,
remove gas from, deliver, permit to be delivered, or use in any manner any LP gas container or
receptacle for any gas or compound, or for any other purpose.29
Section 7 amends s. 527.07, F.S., to add a provision that a person, other than those authorized by
the end user, may not add gas to or remove gas from any container or receptacle that contains LP
gas purchased or contracted for transfer by, and in the lawful possession of, the end user.
25
Id.
26
Section 527.067(1), F.S.
27
Section 527.067(2), F.S.
28
Section 527.067(3), F.S.
29
Section 527.07, F.S.
BILL: SB 998 Page 7
Minimum Storage
Every person who engages in the distribution of LP gas for resale to domestic, commercial, or
industrial consumers as a prerequisite to obtaining an LP gas license must install, own, or lease a
bulk storage filling plant of not less than 18,000 gallons (water capacity) within Florida and must
be located within a 75-mile radius of the licensed company’s business location. This bulk storage
filling plant must have loading and unloading provisions solely for the licenseholder and be
operated and maintained in compliance with ch. 527, F.S., for the duration of the license.30
A dealer in LP gas licensed as of August 31, 2000, who has entered or who enters into a written
agreement with a wholesaler that the wholesaler will provide liquefied petroleum gas to the
dealer for a period of 12 continuous months is exempt from the requirements in s. 527.11(1),
F.S., if the wholesaler has at least 18,000 gallons (water capacity) of bulk storage within Florida
permanently connected for storage, which is used as such for each dealer to whom gas is sold,
and if the wholesaler has loading and unloading provisions. Such dealer must provide
certification of this agreement on a form provided by the DACS to the DACS before her or his
license may be issued. The form must be signed by both the wholesaler or his or her agent and
the dealer or his or her agent and must be submitted annually with the license renewal
application. A dealer who does not provide written proof of minimum storage may have her or
his license denied, suspended, or revoked. A wholesaler may not enter into written agreements
that allocate an amount of storage that exceeds the wholesaler’s total storage capacity minus
18,000 gallons (water capacity).31
Section 8 amends s. 527.11(1), F.S., to provide that the necessary bulk storage requirement is
aggregate capacity of not less than 18,000 gallons, and deletes the requirement that the bulk
storage be located within 75 miles of the licensed company’s business location.
The bill deletes an outdated provision in s. 527.11(2), F.S., and provides that a wholesaler or a
dealer may not enter into written agreements that allocate an amount that exceeds the total
storage capacity minus 18,000 gallons.
Effective Date
Section 9 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
30
Section 527.11(1), F.S.
31
Section 527.11(2), F.S.
BILL: SB 998 Page 8
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 527.01, 527.02, 527.0201, 527.055, 527.0605, 527.067,
527.07, and 527.11 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
BILL: SB 998 Page 9
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 SB 998 Florida Senate - 2024 SB 998
By Senator Collins
14-00349-24 2024998__ 14-00349-24 2024998__
1 A bill to be entitled 30 liquefied petroleum gas from certain containers and
2 An act relating to the sale of liquefied petroleum 31 receptacles; amending s. 527.11, F.S.; revising
3 gas; amending s. 527.01, F.S.; defining the terms 32 minimum bulk storage requirements for liquefied
4 “licensed location” and “remote bulk storage”; 33 petroleum gas licenses; removing an exemption from
5 amending s. 527.02, F.S.; authorizing up to two remote 34 such requirements; prohibiting dealers from entering
6 bulk storage locations for specified licenses; 35 into certain agreements; providing an effective date.
7 requiring such bulk storage locations to be located 36
8 within a specified distance of the licensed location; 37 Be It Enacted by the Legislature of the State of Florida:
9 amending s. 527.0201, F.S.; requiring that competency 38
10 examinations be completed within a specified 39 Section 1. Subsections (19) and (20) are added to section
11 timeframe; providing eligibility criteria for 40 527.01, Florida Statutes, to read:
12 certification as a qualifier; prohibiting a person 41 527.01 Definitions.—As used in this chapter:
13 from acting as a qualifier for more than one remote 42 (19) “Licensed location” means the premises on which
14 bulk storage location; requiring qualifiers to 43 category I, category II, category III, category IV, category V,
15 function in a position with specified authority; 44 or category VI liquefied petroleum gas operations are performed.
16 prohibiting a person from acting as a master qualifier 45 (20) “Remote bulk storage” means the location of liquefied
17 for more than one licensee; amending s. 527.055, F.S.; 46 petroleum gas stored for the sole purpose of filling delivery
18 authorizing the Department of Agriculture and Consumer 47 vehicles used in delivery to an end user.
19 Services to condemn unsafe equipment and order the 48 Section 2. Paragraph (d) is added to subsection (3) of
20 immediate removal of liquefied petroleum gas from 49 section 527.02, Florida Statutes, to read:
21 certain bulk storage locations; amending s. 527.0605, 50 527.02 License; penalty; fees.—
22 F.S.; revising the applicability of specified 51 (3)
23 provisions for bulk storage locations; amending s. 52 (d) A category I liquefied petroleum gas dealer license may
24 527.067, F.S.; requiring persons servicing, testing, 53 include up to two remote bulk storage locations to meet the
25 repairing, maintaining, or installing liquefied 54 minimum bulk storage requirements of s. 527.11. Remote bulk
26 petroleum gas equipment and systems to include 55 storage locations must be located within 75 miles of the
27 specified information on certain documents; amending 56 licensed location and included in the category I liquefied
28 s. 527.07, F.S.; prohibiting unauthorized persons from 57 petroleum gas dealer license application.
29 adding liquefied petroleum gas to or removing 58 Section 3. Subsections (2), (4), and (5) of section
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59 527.0201, Florida Statutes, are amended to read: 88 separate qualifier shall be required for every 10 such
60 527.0201 Qualifiers; master qualifiers; examinations.— 89 employees.
61 (2) Application for examination for competency may be made 90 (5) In addition to all other licensing requirements, each
62 by an individual or by an owner, a partner, or any person 91 category I and category V licensee must, at the time of
63 employed by the license applicant. The examination for 92 application for licensure, identify to the department one master
64 competency must be completed within 90 days after the 93 qualifier who is a full-time employee of the licensee at the
65 application has been accepted by the department. Upon successful 94 licensed location. This person shall be a manager, an owner, or
66 completion of the competency examination, the department shall 95 otherwise primarily responsible for overseeing the operations of
67 register the examinee. 96 the licensed location and must provide documentation to the
68 (a) Qualifier registration automatically expires if the 97 department as provided by rule. A person may not act as a master
69 individual terminates active employment in the area of 98 qualifier for more than one licensee. The master qualifier
70 examination for a period exceeding 24 months, or fails to 99 requirement shall be in addition to the requirements of
71 provide documentation of continuing education. If the qualifier 100 subsection (1).
72 registration has expired, the individual must apply for and 101 (a) In order to apply for certification as a master
73 successfully complete an examination by the department in order 102 qualifier, each applicant must have a minimum of 3 years of
74 to reestablish qualifier status. 103 verifiable LP gas experience or hold a professional
75 (b) Every business organization in license category I, 104 certification by an LP gas manufacturer as adopted by department
76 category II, or category V shall employ at all times a full-time 105 rule immediately preceding submission of the application, must
77 qualifier who has successfully completed an examination in the 106 be employed by a licensed category I or category V licensee or
78 corresponding category of the license held by the business 107 an applicant for such license, and must pass a master qualifier
79 organization. In order to apply for certification as a 108 competency examination administered by the department or its
80 qualifier, each applicant must have a minimum of 1 year of 109 agent. Master qualifier examinations shall be based on Florida’s
81 verifiable LP gas experience. A person may not act as a 110 laws, rules, and adopted codes governing liquefied petroleum gas
82 qualifier for more than one licensed or remote bulk storage 111 safety, general industry safety standards, and administrative
83 location. 112 procedures. The applicant must successfully pass the examination
84 (4) A qualifier for a business must actually function in a 113 with a grade of 70 percent or above. Each applicant for master
85 position with authority to monitor and enforce safety provisions 114 qualifier registration must submit to the department a
86 under this chapter at the licensed location supervisory capacity 115 nonrefundable $30 examination fee before the examination.
87 of other company employees performing licensed activities. A 116 (b) Upon successful completion of the master qualifier
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117 examination, the department shall issue the examinee a master 146 (c) A container or containers are installed for the purpose
118 qualifier registration. A master qualifier may transfer from one 147 of serving the public the liquid product.
119 licenseholder to another upon becoming employed by the company 148 Section 6. Present subsections (2) and (3) of section
120 and providing a written request to the department. 149 527.067, Florida Statutes, are redesignated as subsections (3)
121 (c) A master qualifier registration expires 3 years after 150 and (4), respectively, and a new subsection (2) is added to that
122 the date of issuance and may be renewed by submission to the 151 section, to read:
123 department of documentation of completion of at least 16 hours 152 527.067 Responsibilities of persons engaged in servicing
124 of approved continuing education courses during the 3-year 153 liquefied petroleum gas equipment and systems and consumers, end
125 period; proof of employment; and a $30 certificate renewal fee. 154 users, or owners of liquefied petroleum gas equipment or
126 The department shall define by rule approved courses of 155 systems.—
127 continuing education. 156 (2) All persons engaged in the business of servicing,
128 Section 4. Subsection (5) is added to section 527.055, 157 testing, repairing, maintaining, or installing liquefied
129 Florida Statutes, to read: 158 petroleum gas equipment and systems shall include on all work
130 527.055 General powers and duties.— 159 orders, estimates, invoices, and similar documentation the name,
131 (5) The department shall have the powers and authority to 160 qualifier number, and license number of the person performing
132 condemn unsafe equipment and order the immediate removal of 161 the work.
133 liquefied petroleum gas from storage that does not comply with 162 Section 7. Section 527.07, Florida Statutes, is amended to
134 this chapter and is deemed a threat to the public health, 163 read:
135 safety, and welfare. 164 527.07 Restriction on use of containers.—
136 Section 5. Subsection (1) of section 527.0605, Florida 165 (1) A person, other than the owner and those authorized by
137 Statutes, is amended to read: 166 the owner, may not sell, fill, refill, remove gas from, deliver,
138 527.0605 Liquefied petroleum gas bulk storage locations; 167 permit to be delivered, or use in any manner any liquefied
139 jurisdiction.— 168 petroleum gas container or receptacle for any gas or compound,
140 (1) The provisions of this chapter apply to liquefied 169 or for any other purpose.
141 petroleum gas bulk storage locations when: 170 (2) A person, other than those authorized by the end user,
142 (a) A single container in the bulk storage location has a 171 may not add gas to or remove gas from any container or
143 capacity of 2,000 gallons or more; 172 receptacle that contains liquefied petroleum gas purchased or
144 (b) The aggregate container capacity of the bulk storage 173 contracted for transfer by, and in the lawful possession of, the
145 location is more than 4,000 gallons or more; or 174 end user.
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175 Section 8. Subsections (1) and (2) of section 527.11, 204 provide written proof of minimum storage may have her or his
176 Florida Statutes, are amended to read: 205 license denied, suspended, or revoked. A dealer or wholesaler
177 527.11 Minimum storage.— 206 may not enter into written agreements that allocate an amount of
178 (1) Every person who engages in the distribution of 207 storage that exceeds the dealer’s or wholesaler’s total storage
179 liquefied petroleum gas for resale to domestic, commercial, or 208 capacity minus 18,000 gallons (water capacity).
180 industrial consumers as a prerequisite to obtaining a liquefied 209 Section 9. This act shall take effect July 1, 2024.
181 petroleum gas license shall install, own, or lease a bulk
182 storage with an aggregate capacity filling plant of not less
183 than 18,000 gallons (water capacity) within this the state and
184 shall be located within a 75-mile radius of the licensed
185 company’s business location. The This bulk storage filling plant
186 must have loading and unloading provisions solely for the
187 licenseholder and be operated and maintained in compliance with
188 this chapter for the duration of the license.
189 (2) A dealer in liquefied petroleum gas licensed as of
190 August 31, 2000, who has entered or who enters into a written
191 agreement with a wholesaler that the wholesaler will provide
192 liquefied petroleum gas to the dealer for a period of 12
193 continuous months is exempt from the requirements of subsection
194 (1), if the wholesaler has at least 18,000 gallons (water
195 capacity) of bulk storage within this state permanently
196 connected for storage, which is used as such for each dealer to
197 whom gas is sold, and if the wholesaler has loading and
198 unloading provisions. Such dealer must provide certification of
199 this agreement on a form provided by the department to the
200 department before her or his license may be issued. The form
201 must be signed by both the wholesaler or his or her agent and
202 the dealer or his or her agent and must be submitted annually
203 with the license renewal application. A dealer who does not
Page 7 of 8 Page 8 of 8
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
DTJPLICATE
The Florida Senate
1t23124 APPEARANCE RECORD 998
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Commerce and Tourism Senate professional staff conducting the meeting
The Florida Senate Committee Amendment Barcode (if applicable)
Dale Calhoun 850681 0496
Gommittee Agenda Request Name Phone
Address 201 S Monroe St Unit A ,n,'",, dale.calhoun@floridagas.org
Street
Tallahassee FL 32312
Crty State Zip
To: Senator Jay Trumbull, Chair Speaking: -
IL.| rot ! Against fi tnformation OR waive speaking: m ln support ! Against
Committee on Commerce and Tourism
PLEASE CHECK ONE OF THE FOLLOWING:
Subject: Commiffee Agenda Request lam appearing without
IE compensation or sponsorship.
am registered lobbyist,
@ representing:
I a
tr I am not a lobbyist but received
something of value for my appearance
(travel, meals, lodging, etc.),
Date: January 17,2024 Florida Propane Gas Association sponsored by:
I respectfully request that Senate Bill #998, relating to Sale of Liquefied Petroleum Gas, be
placed on the:
This form is part of the public record for this meeting. 5-001 (08/10/2021)
n committee agenda at your earliest possible convenience.
X next committee agenda
Jay
Florida t4
File signed originalwith committee office s-020 (03/2004)
The Florida Senate
1t2312024 APPEARANCE RECORD 998
Meeting Date Bill Nurnbet or'lbplc
Deliver both copres of this fornr to
Commerce and Tourism Committee Senate prol'essional staff conclucting Lhe fireeting
Con.rmrttee Amendmont Barcodo (il' applicatrle)
Larry Williams Phone
850521 1 980
Name
Address 215 S. Monroe Street, Suite 601 Emait lwilliams@gunster.com
5lreel
Tallahassee FL 32301
Cit/ -5fdle Zip
r---'r
5peal(ng: ll I -l-or
I
Agatnst jI tnformation OR waivespeaking: iV lnsupport i[ ngainst
PLEASE CHECK ONE OF THE FOLLOWING:
I am appearing without
compensation or sponsorship.
,fi r urn a registered lobbyist,
representrng:
fi I am not a lobbyist, but received
something of value for my appearance
(travel, meals, Iodging, etc.),
Chesapeake Utilities sponsored by:
This form is part of the public record for this meeting. s-001 (o8/10/2021)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1198
INTRODUCER: Senator Martin
SUBJECT: Corporate Actions
DATE: January 24, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. RC
I. Summary:
CS/SB 1198 provides a statutory ratification procedure for corporate actions that may not have
been properly authorized and for shares that may have been improperly issued. These improperly
authorized corporate actions, that would otherwise be proper, are called defective corporate
actions.
The bill provides a statutory ratification process that is intended to supplement common law
ratification. Subsequent ratified defective corporate actions, under these proposed provisions,
would remain subject to equitable review. The ratification procedure is intended to be available
only where there is objective evidence that a corporate action was defectively implemented. The
bill gives specified affected parties the ability to file motions in the circuit court of the applicable
county.
The bill also provides a statutory method, though filing a single composite statement, for a
registered agent to resign from more than one corporate entity at a time, if the specified entity
has been dissolved, administratively or voluntarily, for 10 years or longer. The bill applies to the
following business entity types:
Limited liability companies or a foreign limited liability companies;
Corporations; and
Corporations not for profit.
The bill keeps the fee to file the registered agent resignation the same for the listed above
business entity types, even if filing to resign from more than one entity at a time.
The bill takes effect July 1, 2024.
BILL: CS/SB 1198 Page 2
II. Present Situation:
Corporations that do business within Florida are governed by the requirements laid forth in the
Florida Business Corporation Act, a law that is modeled after the Model Business Corporation
Act (MBCA) promulgated by the American Bar Association (ABA) in 1950.1 The general
business law community, headed by groups like the ABA and the Florida Bar Business Law
Section (Business Law Section), are continually participating in collaborative efforts to make
corporate laws clearer and pragmatic.
Limited Liability Companies (Chapter 605)
A Limited Liability Company (LLC) is a type of business entity recognized by and regulated
under chapter 605, F.S., the Florida Revised Limited Liability Company Act. Benefits to forming
a business as an LLC include a flexible tax structure and a vertical liability shield, which limits
the personal liability of the LLC’s members and managers for company obligations. Currently,
LLCs are the most popular business entity in Florida, with over 2 million active LLCs as of
2023.2
Corporations for Profit (Chapter 607)
A for profit corporation is a type of business entity recognized and regulated under chapter 607,
F.S. In order for a corporation to organize, the entity must file articles of incorporation, including
specifics such as a corporate name, address, number of shares, and the designation of a registered
office and agent.3
Corporations Not for Profit (Chapter 617)
A corporation not for profit is a type of business entity recognized and regulated under chapter
617, F.S. The structure of corporations not for profit are similar to for profit corporations,
needing the filing of articles of incorporation.
The Department of State
The Department of State (DOS) is the state’s central location responsible for receiving and
maintaining a number of corporate records. Florida law requires certain documents to be filed
with the Division of Corporations (division) of the DOS in order for a business to be organized
as a corporation, partnership, LLC, or other business/commercial entity. Business entities can file
these documents and check their status through an internet portal that is maintained by the
division.
1
See generally Section 607, F.S.
2
Florida Department of State, Division of Corporations Yearly Statistics, available at https://dos.fl.gov/sunbiz/about-
us/yearly-statistics/ (last visited January 2024).
3
Section 607.0202, F.S.
BILL: CS/SB 1198 Page 3
Fees
In order to help maintain these records, the DOS is statutorily allowed to collect fees. Florida’s
fee requirements for business entities are some of the most competitive in the United States;
where a corporation in Delaware (the state with the most incorporations, because of their
notoriously pro-business laws) will pay no less than $175 and no more than $200,000 in annual
fees, Florida only requires an aggregate of $150 in fees per year.4
In 2013, the Legislature passed a law to make fees more uniform across the various business law
chapters. However, each specific type of business entity should be aware of the various fees
associated with their respective business organization chapter.
The relevant fees for the bill are as follows:5
Corporation Fees
New Florida/Foreign Corporation
Filing Fees $35.00
Registered Agent Designation $35.00
Annual Reports
Annual Report of a For Profit Corporation $150.00
Annual Report of Not For Profit Corporation $61.25
Resignation of Agent
Resignation of Registered Agent of an Active Corporation $87.50
Resignation of Registered Agent of an Administratively $35.00
Dissolved/Voluntarily Dissolved/Withdrawn Corporation/Inactive
Corporation
Limited Liability Company Fees
New Florida/Foreign LLC
Filing Fee $100.00
Registered Agent Designation Fee $25.00
Annual Reports
Annual Report $138.75
Resignation of Agent
Resignation of Registered Agent for an active LLC $85.00
Resignation of Registered Agent for a dissolved/inactive LLC $25.00
4
U.S. Securities and Exchange Commission, Schedule 14-A, Saga Communications, Inc. Proxy Statement (Apr. 16, 2020),
available at https://www.sec.gov/Archives/edgar/data/0000886136/000110465921050534/tm2111304-1_def14a.htm, (last
visited January 22, 2024).
5
The Florida Department of State, Division of Corporations, Fees, available at https://dos.fl.gov/sunbiz/forms/fees/, (last
visited January 22, 2024).
BILL: CS/SB 1198 Page 4
Defective Corporate Actions
Under the Florida Business Corporation Act, there are certain requirements that a corporation
must establish in order to be considered a valid corporation and properly authorized. For
instance, a corporation must file its articles of incorporation with the DOS to transact business in
the state. If a corporation does not file those articles of incorporation or does not include the
requirements of the articles of incorporation, they are not entitled to filing by the department and
may be considered an invalid corporation.6
Additionally, a corporation could have filed all documents correctly, but made an error in the
appointment of their board of directors. Subsequent actions by the corporation, after that
incorrect appointment of the board of directors, may be considered invalid. Another potential
scenario of a defective corporate action may arise when a corporation issues shares but did not
adhere to the correct share issuing guidelines. Any subsequent action, after that incorrect share
issuance, may be considered invalid.
Being an invalid corporation can also be referred to as being a defective corporation or an
unauthorized corporation. However, because of their nature, corporations, whether it be the
incorporator, the board of directors, an officer or agent of the corporation, or the shareholders,
can take actions even though the corporation is technically defective, unauthorized, or invalid.
When an unauthorized or defective corporation takes an action, such as improperly issuing
shares, a legal situation can arise. For example, a corporation that is trying to make a business
deal with another entity or raise capital usually has to reveal certain corporate records for the
other parties due diligence, discovering a defective corporate action can immediately halt a
transaction or potential transaction. If a business deal has already been agreed upon prior to the
discovering the defective corporate action, legal issues can arise.
Currently, disputed acts or defective share issuances that are carried out by a defective or
unauthorized corporation are governed by common law in the court system. These disputes can
cost business entities time and money to resolve, in addition to the time and resources that have
to be allocated by the state via the court system.
Amending Articles of Incorporation
The articles of incorporation govern a corporation. A corporation can amend or add as many
articles of incorporation as necessary.7 The amendment of an articles of incorporation must be
adopted and approved. The adopting and approving can be done several ways, including, through
the provided method in the articles of incorporation, either by the incorporators or board of
directors, if shareholder action is not required, or by the shareholders or shareholders through
voting groups.8
6
Section 607.0120(1), F.S.
7
Section 607.1001, F.S.
8
Section 607.1003(1-9), F.S., provides various methods for amending the articles of incorporation.
BILL: CS/SB 1198 Page 5
The amendment can be done in one single amendment form for a fee of $35.00.9 This form,
called the articles of amendment form, must be signed and delivered to the DOS, among other
specific requirements laid out in statute.10
Active vs Dissolved Business Entities
The division annually assigns an accompanying status to business entities based on that business
entities’ filings and payment of fees. When a business entity pays their filing fees and files their
initial required filings, (for an LLC it is their articles of organization, and for a corporation it is
their articles of incorporation) the division will review the filings and if everything is satisfied
the business entity will be assigned an “active” status.
After the initial filings to begin the business entity, a business entity is considered “active” when
it has filed the annual report and paid the associated fee. Typically in the fall, the division will go
through all of their filings and determine if a business entity is up to date in all of their filings
and fees. If the division does not have the required information and associated fee on record they
will assign the business entity an “inactive” status and the business entity will be
administratively dissolved or administratively revoked.11
A business entity can determine their status by logging in to the online portal operated by the
DOS, or they can file and pay to have the DOS send them a certificate of status, for a $5 fee for
an LLC or an $8.75 fee for a corporation.12
A business entity may file a reinstatement application, accompanied with the associated fee, to
reactivate their business status and become an “active” business entity again.
Registered Agents
Generally, one of the statutory requirements that a business entity must meet is designating a
registered agent.13 A registered agent must be an individual who resides in this state whose
business address is identical to the address of the registered office.14 The registered agent must
also be available at that Florida address during normal business hours and promptly forward any
significant legal or state documents to the business. Registered agents are required to serve as the
contact for the business entity that receives service of process, legal notifications, and other
official state documents for a business entity.
The DOS is required to maintain an accurate record of the registered agent and registered office
for service of process, and must promptly furnish any information disclosed thereby upon request
and payment of the required fee.15 An individual within the business may serve as the entity’s
9
Florida Department of State, Division of Corporations, Articles of Amendment form, available at
https://form.sunbiz.org/pdf/cr2e011.pdf, (last visited on January 22, 2024).
10
Section 607.1006, F.S.
11
Note that a general partnership is not required to file an annual report or pay an annual report fee.
12
For LLCs see section 605.0213(12), F.S. and for Corporations see section 607.0122(19), F.S.
13
Section 607.0501, F.S.
14
Id.
15
Id.
BILL: CS/SB 1198 Page 6
registered agent. Additionally, a business entity with an active Florida filling or registration may
serve as a registered agent, however an entity cannot serve as its own registered agent.
Additionally, if a business entity does not appoint and maintain a registered agent, the DOS may
administratively dissolve that business entity.16
In Florida, a registered agent is required for the following:
Limited Liability Companies;
Corporation/Foreign Corporation (for profit);
Corporation/Foreign Corporation (not for profit);
Limited Partnerships (domestic and foreign); and
Limited Liability Partnerships (domestic and foreign).17
In order for a registered agent to resign as the registered agent of the business entity, the
registered agent must complete a specific form, accompanied by the payment of the fee, and mail
it in to the division. Currently, a registered agent must pay a separate fee to resign as a registered
agent of each business entity, separately.
III. Effect of Proposed Changes:
Ratification of Defective Corporate Actions
Sections 1 through 6 create new sections of law detailing the required procedures for ratifying a
defective corporate action.
Section 7 of the bill creates filing requirements for ratifying a defective corporate action.
Section 8 of the bill creates law contemplating the jurisdiction and process for judicial
proceedings regarding the validity of corporate actions.
Procedural Requirements
Section 1 creates s. 607.145, F.S., defining the following terms, among others, as:
“Corporate action” meaning any action taken by or on behalf of a corporation, including any
action taken by the incorporator the board of directors, a committee of the board of directors,
an officer or agent of the corporation, or the shareholders;
“Defective corporate action” meaning any corporate action purportedly taken which is, and at
the time such corporate action was purportedly taken would have been, within the power of
the corporation, but is void or voidable due to a failure of authorization; or an overissue; and
“Failure of authorization” meaning the failure to authorize, approve, or otherwise effect a
corporate action in compliance with this chapter, the corporation’s articles of incorporation
16
For limited partnerships Section 620.1809, F.S. governs.
17
Note that a general partnership is not required to have a registered agent. Section 620.8301, F.S., states that each general
partner is an agent of the partnership. (Note that a general partnership can still designate a separate registered agent, through
their initial general partnership registration form, but partners of the general partnership are deemed to be agents and
therefore the statutes do not require a general partnership to have a registered agent.)
BILL: CS/SB 1198 Page 7
or bylaws, a corporate resolution, or any plan or agreement to which the corporation is a
party, if and to the extent such failure would render such corporate action void or voidable.
Section 2 creates s. 607.0146, F.S., providing that a defective corporate action is not void or
voidable if the defective corporate action was ratified (under the ratification requirements that
are being created in section 607.0147, F.S.) This section of the bill also emphasizes that the
ratification process for a defective corporate action is not the exclusive means of ratifying or
validating any defective corporate action.
Additionally, the bill provides that an overissue of shares over and above the number authorized
in the corporation’s articles of incorporation can be remedied by the adoption of an amendment
to the articles of incorporation or other corporate action that authorizes or creates the putative
shares that resulted in the overissue. This provision enables a corporation to cure an overissue
occurring when shares have been duly authorized but are issued before articles of amendment are
filed.
Section 3 creates s. 607.0147, F.S., which sets forth the steps that a corporation must use to
remedy a defective corporate action. This includes stating:
The defective corporate action to be ratified;
The number and type of putative shares purportedly issued (if shares were issued);
The date of the defective corporate action;
The nature of the failure of authorization; and
The approval of the ratification of the defective corporate action by the board of directors.
This bill also sets forth a similar mechanism as listed above but for a scenario where the
defective corporate action to be ratified relates to the election of the initial board of directors of
the corporation. In this described scenario the bill provides that after the board of directors takes
action it must refer the matter to shareholders for approval. This section clarifies that the board
of directors may abandon ratification even after approval without further action.
Section 4 creates s. 607.0148, F.S., which sets forth specific procedural requirements for the
ratification of defective corporate actions. The bill provides that the board of directors are subject
to the same quorum and voting requirements for the ratification process that exist at the time
such ratifying action is taken and that notice, of whether the defective corporate action is to be
ratified at a meeting or by written consent, is required to be given to shareholders. The bill also
provides notice requirements for whether the corporate action is to be ratified by written consent.
If the shareholders are meeting to ratify the election of a director, or if the ratification is through
written consent, the bill requires that it must be approval by a majority vote. The bill clarifies
that putative shares existing on the record date are only entitled to notice of matter relating to
ratification and that such shares are not entitled to vote, are not counted for quorum purposes,
and are not counted in any written consent and that to ratify putative shares, an amendment to the
articles of incorporation must be approved.
Section 5 creates s. 607.0149, F.S., detailing notice requirements to shareholders and holders of
putative shares when shareholder action to approve the ratification of the defective corporate
action is not required. The bill requires “prompt” notice to shareholders following the ratification
BILL: CS/SB 1198 Page 8
of a corporate action by the board of directors. The bill provides for exceptions to the notice
requirements, such as that notice is not required to be submitted to shareholders for approval if
notice is given pursuant to s. 607.0148(2), F.S., and a disclaimer that notice required by this
section may be given in any manner that is authorized under section 607.0141, F.S, and in the
case of a public company, notice may be given by any means required by the United States
Securities and Exchange Commission.
Section 6 creates s. 607.0150, F.S., which sets forth how a ratification, upon proper notice,
affects the corporation and the timing of any ratification. The bill provides that where a defective
corporate action is properly ratified, it is deemed no longer void or voidable and is deemed for all
intents and purposes to be a validly approved corporate action, effective as the date of the
original defective act. Similarly, the bill provides that issuances of putative shares, or fractions of
putative shares, are deemed to be issuances of identical valid shares, or fractions of shares, on the
date on which the mentioned shares were purportedly issued.
This section clarifies that any corporate action that was taken, subsequent to the defective
corporate action that was ratified pursuant to statute, in reliance on such defective corporate
action and any subsequent defective corporate action resulting directly or indirectly from such
original defective corporate action, is valid as of the respective time such corporate action was
taken.
Filing Requirements
Section 7 creates s. 607.0151, F.S., which establishes a new filing requirement (articles of
validation) for defective corporate actions ratified that would have normally required a filing,
regardless of whether or not the filing was properly made. The bill provides specific
requirements for the content of the articles of validation, including that the articles of validation
must be filed with the DOS and that the articles of validation will serve to amend or be a
substitute for any other filings related to the defective corporate action.
Judicial Proceedings
Section 8 creates s. 607.0152, F.S., conferring jurisdiction on the circuit court in the applicable
county to hear and determine claims regarding the validity of any corporate action. The bill
provides that it can be a successor thereto, a director of a corporation, or any shareholder of the
corporation that can make the filing to a court to determine the validity of any corporate action
and that when the filing is made, the court may make any findings or orders it deems proper
under the circumstances.
This section of the bill clarifies that service of process for any of these such proceedings should
follow the same rules as set forth in Chapter 48, F.S., and that any action brought forth must be
done so within 120 days after the validation effective time. Additionally, this section of the bill
sets forth a non-exclusive list of various factors that may be considered by the court and certain
actions that the court may decide for determinations on the validity of the challenged corporate
action.
BILL: CS/SB 1198 Page 9
Resignation of a Registered Agent
Sections 9 through 11 amend the requirements for the resignation of a registered agent.
Sections 12 through 14 amend the associated fees for the resignation of a registered agent.
Section 9 amends s. 605.0115, F.S., to redesignate certain subsections and create a mechanism
for a registered agent to resign as the registered agent of more than one dissolved limited
liability company or inactive foreign limited liability company, that has been dissolved for 10
years or longer, through a single composite statement. Additionally, the bill sets forth
requirements that the composite resignation statement should contain the name of each dissolved
company and the date of the respective companies dissolution. The resignation statement, or
composite resignation statement, if resigning from two or more companies at a time, once filed
with the DOS, must also be delivered to the company or each respective companies’ current
mailing address as it appears in the records of the DOS.
Section 10 amends s. 607.0503, F.S., to redesignate certain subsections and create a mechanism
for a registered agent of more than one dissolved corporation that has been dissolved for 10
years or longer, through a single composite statement. Additionally, the bill sets forth
requirements that the composite resignation statement should contain the name of each dissolved
corporation and the date of the respective corporation’s dissolution. The resignation statement, or
composite resignation statement, if resigning from two or more corporations at a time, once filed
with the DOS, must also be delivered to the corporation or each respective corporations’ current
mailing address as it appears in the records of the DOS.
Section 11 amends s. 617.0502, F.S., to redesignate certain subsections and create a mechanism
for a registered agent of more than one dissolved (not for profit) corporation that has been
dissolved for 10 years or longer, through a single composite statement. Additionally, the bill sets
forth requirements that the composite resignation statement should contain the name of each
dissolved corporation and the date of the respective corporations’ dissolution. The resignation
statement, or composite resignation statement, if resigning from two or more corporations at a
time, once filed with the DOS, must also be delivered to the corporation or each respective
corporations’ current mailing address as it appears in the records of the DOS.
Fees
Section 12 amends s. 605.0213, F.S., to provide that the fee to resign as a registered agent of a
dissolved limited liability company is the same, regardless of whether one is resigning from one
entity or more than one entity.
Section 13 amends s. 607.0122, F.S., to provide that the fee to resign as a registered agent of an
dissolved corporation is the same, regardless of whether one is resigning from one corporation or
more than one corporation.
Section 14 amends s. 617.0122, F.S., to provide that the fee to resign as a registered agent of an
inactive corporation is the same, regardless of whether one is resigning from one corporation or
more than one corporation.
BILL: CS/SB 1198 Page 10
Incorporating Amendments
Sections 15 through 26 make conforming changes.
Effective Date
Section 27 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Registered agents looking to resign from more than one inactive corporation at a time
will see a reduction in their charged fees.
B. Private Sector Impact:
None.
C. Government Sector Impact:
Indeterminate at this time.
The DOS is likely to see a reduced amount in collected fees if a registered agent is able to
resign from more than one corporation at a time paying only one fee, as opposed to
current law that makes a registered agent pay to resign from each corporation separately.
BILL: CS/SB 1198 Page 11
VI. Technical Deficiencies:
None.
VII. Related Issues:
Fees
The bill creates a new filing requirement, the filing of articles of validation. Section 7 of the bill
states that “a corporation that ratifies a defective corporate action and that corporate action that
was ratified would have required a filing under ss. 607.0145-607.0152, F.S., must file articles of
validation.” Typically filings have fees associated with them, however this bill does not
contemplate any fee for filing articles of validation.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes:, 605.0115,
607.0503, 617.0502, 605.0213, 607.0122, 617.0122, 605.0207, 605.0113, 658.23, 607.0501,
607.193, 607.0120, 607.1507, 39.8298, 252.71, 288.012, 617.1807, 617.2006, 617.0501, and
617.0503.
The bill creates sections 607.0145, 607.0146, 607.0147, 607.0148, 607.0149, 607.0150,
607.0151, and 607.0152 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on January 23, 2024:
The committee substitute primarily makes clarifying and stylistic changes throughout the
bill. The most significant adjustments to the bill are as follows:
The amendment adds clarifying language to the definition of “validation effective
time” stating that the filing or pendency of a judicial proceeding will not affect the
validation effective time.
The amendment adds clarifies when the issuance of putative shares become effective.
The amendment clarifies what actions a circuit court can take regarding challenges to
the validity of defective corporate actions.
The amendment adjusts the language to clarify which types of business entities a
registered agent can resign from using a composite statement to resign from more
than one business entity at a time.
The amendment clarifies language associated with the fees.
Additionally, the amendment deletes language regarding a registered agent being able to
resign from one or more foreign corporations or partnerships at a time with a single
composite statement and fee.
BILL: CS/SB 1198 Page 12
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1198 Bill No. SB 1198
Ì400960ÆÎ400960 Ì400960ÆÎ400960
LEGISLATIVE ACTION 11 incorporator, the board of directors, a committee of the board
Senate . House 12 of directors, an officer or agent of the corporation, or the
Comm: RCS . 13 shareholders.
01/23/2024 . 14 (2) “Date of the defective corporate action” means the
. 15 date, or, if the exact date is unknown, the approximate date, on
. 16 which the defective corporate action was purported to have been
. 17 taken.
18 (3) “Defective corporate action” means:
19 (a) Any corporate action purportedly taken which is, and at
20 the time such corporate action was purportedly taken would have
21 been, within the power of the corporation, but is void or
22 voidable due to a failure of authorization; or
23 (b) An overissue.
24 (4) “Failure of authorization” means the failure to
25 authorize, approve, or otherwise effect a corporate action in
The Committee on Commerce and Tourism (Martin) recommended the 26 compliance with this chapter, the corporation’s articles of
following: 27 incorporation or bylaws, a corporate resolution, or any plan or
28 agreement to which the corporation is a party, if and to the
1 Senate Amendment (with title amendment) 29 extent such failure would render such corporate action void or
2 30 voidable.
3 Delete lines 121 - 947 31 (5) “Overissue” means the purported issuance of:
4 and insert: 32 (a) Shares of a class or series in excess of the number of
5 Section 1. Section 607.0145, Florida Statutes, is created 33 shares of the class or series the corporation has the power to
6 to read: 34 issue under s. 607.0601 at the time of such issuance; or
7 607.0145 Definitions.—As used in ss. 607.0145-607.0152, the 35 (b) Shares of any class or series that is not then
8 term: 36 authorized for issuance by the corporation’s articles of
9 (1) “Corporate action” means any action taken by or on 37 incorporation.
10 behalf of a corporation, including any action taken by the 38 (6) “Putative shares” means the shares of any class or
39 series, including shares issued upon exercise of rights,
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40 options, warrants or other securities convertible into shares of 69 the filing or pendency of a judicial proceeding under s.
41 the corporation, or interests with respect to such shares, that 70 607.0152 or any other law unless otherwise ordered by the court.
42 were created or issued as a result of a defective corporate 71 Section 2. Section 607.0146, Florida Statutes, is created
43 action and that: 72 to read:
44 (a) Would constitute valid shares but for any failure of 73 607.0146 Defective corporate actions.—
45 authorization; or 74 (1) A defective corporate action is not void or voidable
46 (b) Cannot be determined by the board of directors to be 75 if:
47 valid shares. 76 (a) The defective corporate action was ratified in
48 (7) “Valid shares” means the shares of any class or series 77 accordance with the requirements of s. 607.0147, including the
49 that have been duly authorized and validly issued in accordance 78 filing, if required, of articles of validation pursuant to s.
50 with this chapter, including as a result of ratification or 79 607.0151; or
51 validation under ss. 607.0145-607.0152. 80 (b) The defective corporate action was validated in
52 (8)(a) “Validation effective time,” with respect to any 81 accordance with s. 607.0152.
53 defective corporate action ratified under ss. 607.0145-607.0152, 82 (2) Ratification under s. 607.0147 or validation under s.
54 means the later of the following: 83 607.0152 shall not be deemed to be the exclusive means of
55 1. The date and time at which the ratification of the 84 ratifying or validating any defective corporate action, and the
56 defective corporate action is approved by the shareholders, or 85 absence or failure of ratification in accordance with ss.
57 if approval of shareholders is not required, the date and time 86 607.0145-607.0152 will not, in and of itself, affect the
58 at which the notice required by s. 607.0149 becomes effective in 87 validity or effectiveness of any corporate action properly
59 accordance with s. 607.0141; 88 ratified under common law or otherwise, and it does not create a
60 2. If no articles of validation are required to be filed in 89 presumption that any such corporate action is or was a defective
61 accordance with s. 607.0151, the date and time at which the 90 corporate action or is or was void or voidable.
62 notice required by s. 607.0149 becomes effective in accordance 91 (3) In the case of an overissue, putative shares will be
63 with s. 607.0141; or 92 valid shares effective as of the date originally issued or
64 3. If articles of validation are required to be filed in 93 purportedly issued upon:
65 accordance with s. 607.0151, the date and time at which the 94 (a) The effectiveness under ss. 607.0145-607.0152 and ss.
66 articles of validation filed in accordance with s. 607.0151 95 607.1001-607.1009 of an amendment to the articles of
67 become effective. 96 incorporation authorizing, designating, or creating such shares;
68 (b) The validation effective time will not be affected by 97 or
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98 (b) The effectiveness of any other corporate action taken 127 first took such action or were purported to have been elected to
99 under ss. 607.0145-607.0152 ratifying the authorization, 128 the initial board of directors.
100 designation, or creation of such shares. 129 (c) That the ratification of the election of such person or
101 Section 3. Section 607.0147, Florida Statutes, is created 130 persons as the initial board of directors is approved.
102 to read: 131 (3) If any provision of this chapter, the corporation’s
103 607.0147 Ratification of defective corporate actions.— 132 articles of incorporation or bylaws, any corporate resolution,
104 (1) To ratify a defective corporate action under this 133 or any plan or agreement in effect at the time action to which
105 section, other than to ratify an election of the initial board 134 the corporation is a party under subsection (1) is taken
106 of directors under subsection (2), the board of directors must 135 requires shareholder approval, or would have required
107 take the action in accordance with s. 607.0148, stating all of 136 shareholder approval, at the date of the occurrence of the
108 the following: 137 defective corporate action, the ratification of the defective
109 (a) The defective corporate action to be ratified and, if 138 corporate action approved in the action taken by the directors
110 the defective corporate action involved the issuance of putative 139 under subsection (1) must be submitted to the shareholders for
111 shares, the number and type of putative shares purportedly 140 approval in accordance with s. 607.0148.
112 issued. 141 (4) Unless otherwise provided in the action taken by the
113 (b) The date of the defective corporate action. 142 board of directors under subsection (1), after the action by the
114 (c) The nature of the failure of authorization with respect 143 board of directors has been taken and, if required, approved by
115 to the defective corporate action to be ratified. 144 the shareholders, the board of directors may abandon the
116 (d) That the board of directors approves the ratification 145 ratification at any time before the validation effective time
117 of the defective corporate action. 146 without further action of the shareholders.
118 (2) If a defective corporate action to be ratified relates 147 Section 4. Section 607.0148, Florida Statutes, is created
119 to the election of the initial board of directors of the 148 to read:
120 corporation under s. 607.0205(1)(b), a majority of the persons 149 607.0148 Action on ratification.—
121 who, at the time of the ratification, are exercising the powers 150 (1) The quorum and voting requirements applicable to a
122 of directors must take an action stating all of the following: 151 ratifying action by the board of directors under s. 607.0147(1)
123 (a) The name of the person or persons who first took action 152 are the quorum and voting requirements applicable to the
124 in the name of the corporation as the initial board of directors 153 corporate action proposed to be ratified at the time such
125 of the corporation. 154 ratifying action is taken.
126 (b) The earlier of the date on which either such persons 155 (2)(a) If the ratification of the defective corporate
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156 action requires approval by the shareholders under s. 185 a. A copy of the action taken by the board of directors in
157 607.0147(3), and if the approval is to be given at a meeting, 186 accordance with s. 607.0147(1); or
158 the corporation must give notice of the meeting to each holder 187 b. The information required by s. 607.0147(1)(a)-(d).
159 of valid and putative shares, regardless of whether entitled to 188 2. A statement that any claim asserting that the
160 vote, as of the record date for notice of the meeting and as of 189 ratification of such defective corporate action, and any
161 the date of the occurrence of the defective corporate action; 190 putative shares issued as a result of such defective corporate
162 however, such notice is not required to be given to holders of 191 action, should not be effective, or should only be effective on
163 valid or putative shares whose identities or addresses for 192 certain conditions, and must be brought, if at all, within 120
164 notice cannot be determined from the records of the corporation. 193 days after the applicable validation effective time.
165 The notice must state that the purpose, or one of the purposes, 194 (3) Except as provided in subsection (4) with respect to
166 of the meeting is to consider ratification of a defective 195 the voting requirements to ratify the election of a director,
167 corporate action. 196 any quorum and voting requirements applicable to the approval by
168 (b) If the ratification of the defective corporate action 197 the shareholders required by s. 607.0147(3) will be the quorum
169 requires approval by the shareholders under s. 607.0147(3), and 198 and voting requirements that are applicable, at the time of such
170 if the approval is to be ratified by one or more written 199 shareholder approval, to the defective corporate action proposed
171 consents of the shareholders, the corporation must give notice 200 to be ratified.
172 of the action taken by such written consent to each holder of 201 (4) The approval by shareholders at a meeting to ratify the
173 valid and putative shares as of the record date of the action by 202 election of a director requires that the votes cast within the
174 written consent and as of the date of the occurrence of the 203 voting group favoring such ratification exceed the votes cast
175 defective corporate action, regardless of whether entitled to 204 within the voting group opposing such ratification of the
176 vote; however, notice is not required to be given to holders of 205 election at a meeting at which a quorum is present. Approval by
177 valid or putative shares whose identities or addresses for 206 shareholders by written consent to ratify the election of a
178 notice cannot be determined from the records of the corporation. 207 director requires that the consents given within the voting
179 The notice must state that the purpose, or one of the purposes, 208 group favoring such ratification represent a majority of the
180 of the written consent was to ratify the defective corporate 209 shares of the voting group.
181 action. 210 (5) Putative shares on the record date for determining the
182 (c) The notice must be accompanied by both of the 211 shareholders entitled to vote on any matter submitted to
183 following: 212 shareholders under s. 607.0147(3), and without giving effect to
184 1. Either: 213 any ratification of putative shares that becomes effective as a
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214 result of such vote, will neither be entitled to vote nor be 243 valid shares or those holders of putative shares whose
215 counted for quorum purposes in any vote to approve the 244 identities or addresses for notice cannot be determined from the
216 ratification of any defective corporate action. Putative shares 245 records of the corporation.
217 on the record date for an action by written consent, and without 246 (3) The notice must contain both of the following:
218 giving effect to any ratification of putative shares that 247 (a) Either:
219 becomes effective as a result of such written consent, will not 248 1. A copy of the action taken by the board of directors
220 be entitled to be counted in any written consent to approve the 249 pursuant to s. 607.0147(1); or
221 ratification of any defective corporate action. 250 2. The information required by s. 607.0147(1)(a)-(d) or s.
222 (6) If approval under this section of putative shares would 251 607.0147(2)(a), (b), and (c), as applicable.
223 result in an overissue, in addition to the approval required by 252 (b) A statement that, in order to be considered, any claim
224 s. 607.0147(3), approval of an amendment to the corporation’s 253 asserting that the ratification of the defective corporate
225 articles of incorporation under ss. 607.1001–607.1009 to 254 action, and any putative shares issued as a result of such
226 increase the number of shares of an authorized class or series 255 defective corporate action, should not be effective, or should
227 or to authorize the creation of a class or series of shares so 256 be effective only on certain conditions, and must be brought, if
228 there is no overissue will also be required. 257 at all, within 120 days after the applicable validation
229 Section 5. Section 607.0149, Florida Statutes, is created 258 effective time.
230 to read: 259 (4) Notice under this section is not required with respect
231 607.0149 Notice requirements.— 260 to any action required to be submitted to shareholders for
232 (1) Unless shareholder approval is required under s. 261 approval pursuant s. 607.0147(3) if notice is given in
233 607.0147(3), prompt notice of an action taken by the board of 262 accordance with s. 607.0148(2).
234 directors under s. 607.0147 must be given to each holder of 263 (5) Notice required by this section may be given in any
235 valid shares and each holder of putative shares, regardless of 264 manner permitted under s. 607.0141 and, for any corporation
236 whether entitled to vote, that is a holder of valid shares or 265 subject to the reporting requirements of s. 13 or s. 15(d) of
237 putative shares as of: 266 the Securities Exchange Act of 1934, may be given by means of a
238 (a) The date of the action by the board of directors taken 267 filing or furnishing of such notice with the United States
239 under s. 607.0147; and 268 Securities and Exchange Commission.
240 (b) The date of the occurrence of the defective corporate 269 Section 6. Section 607.0150, Florida Statutes, is created
241 action being ratified. 270 to read:
242 (2) Notice is not required to be given to those holders of 271 607.0150 Effects of ratification.—The following provisions
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272 apply from and after the validation effective time, without 301 (a) Any previous filing requires any change to the filing
273 regard to the 120-day period during which a claim may be brought 302 to give effect to the defective corporate action in accordance
274 under s. 607.0152: 303 with this section, including, but not limited to, a change to
275 (1) Each defective corporate action ratified in accordance 304 the date and time of the effectiveness of such filing; or
276 with s. 607.0147 will not be void or voidable as a result of the 305 (b) A filing was not previously filed in respect to the
277 failure of authorization set forth and identified in the action 306 defective corporate action,
278 taken under s. 607.0147(1) or (2) and will be deemed a valid 307
279 corporate action effective as of the date of the defective 308 In lieu of a filing otherwise required under this chapter, the
280 corporate action. 309 corporation must file articles of validation in accordance with
281 (2) The issuance of each putative share or fraction of a 310 this section, and such articles of validation will serve to
282 putative share purportedly issued pursuant to a defective 311 amend or be a substitute for any other filing with respect to
283 corporate action identified in the action taken in accordance 312 such defective corporate action required by this chapter.
284 with s. 607.0147 will not be void or voidable, and each such 313 (2) The articles of validation must specify all of the
285 putative share or fraction of a putative share will be deemed to 314 following:
286 be an identical share or fraction of a valid share as of the 315 (a) The defective corporate action that is the subject of
287 time it was purportedly issued. 316 the articles of validation, including, in the case of any
288 (3) Any corporate action taken subsequent to the defective 317 defective corporate action involving the issuance of putative
289 corporate action ratified pursuant to ss. 607.0145-607.0152 in 318 shares, the number and type of putative shares issued and the
290 reliance on such defective corporate action having been validly 319 date or dates upon which such putative shares were purported to
291 effected, and any subsequent defective corporate action 320 have been issued.
292 resulting directly or indirectly from such original defective 321 (b) The date of the defective corporate action.
293 corporate action, will be valid as of the respective time such 322 (c) The nature of the failure of authorization in respect
294 corporate action was taken. 323 of the defective corporate action.
295 Section 7. Section 607.0151, Florida Statutes, is created 324 (d) A statement that the defective corporate action was
296 to read: 325 ratified in accordance with s. 607.0147, including the date on
297 607.0151 Filings.— 326 which the board of directors ratified such defective corporate
298 (1) If the defective corporate action ratified under ss. 327 action and, if applicable, the date on which the shareholders
299 607.0145-607.0152 would have required a filing under this 328 approved the ratification of such defective corporate action.
300 chapter and either: 329 (e)1. If a filing was previously made in respect of the
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330 defective corporate action and such filing requires any change 359 of the corporation, any shareholder, beneficial shareholder, or
331 to give effect to the ratification of such defective corporate 360 unrestricted voting trust beneficial owner of the corporation,
332 action pursuant to s. 607.0147: 361 including any such shareholder, beneficial shareholder, or
333 a. The name, title, and filing date of the filing 362 unrestricted voting trust beneficial owner as of the date of the
334 previously made and any articles of correction for that filing; 363 defective corporate action ratified pursuant to s. 607.0147; or
335 b. A statement that a filing containing all of the 364 any other person claiming to be substantially and adversely
336 information required to be included under the applicable 365 affected by a ratification in accordance with s. 607.0147, the
337 provisions of this chapter to give effect to such defective 366 circuit court in the applicable county may take any one or more
338 corporate action is attached as an exhibit to the articles of 367 of the following actions:
339 validation; and 368 (a) Determine the validity and effectiveness of any
340 c. The date and time that such filing is deemed to have 369 corporate action or defective corporate action ratified pursuant
341 become effective. 370 to s. 607.0147.
342 2. If a filing was not previously made in respect of the 371 (b) Determine the validity and effectiveness of any
343 defective corporate action and the defective corporate action 372 ratification of any defective corporate action pursuant to s.
344 ratified pursuant to s. 607.0147 would have required a filing 373 607.0147.
345 under any other provision of this chapter: 374 (c) Determine the validity and effectiveness of any
346 a. A statement that a filing containing all of the 375 defective corporate action not ratified or not ratified
347 information required to be included under the applicable 376 effectively pursuant to s. 607.0147.
348 provisions of this chapter to give effect to such defective 377 (d) Determine the validity of any putative shares.
349 corporate action is attached as an exhibit to the articles of 378 (e) Modify or waive any of the procedures specified in s.
350 validation; and 379 607.0147 or s. 607.0148 to ratify a defective corporate action.
351 b. The date and time that such filing is deemed to have 380 (2) In connection with an action brought under this
352 become effective. 381 section, the court may make such findings or issue such orders
353 Section 8. Section 607.0152, Florida Statutes, is created 382 and take into account any one or more factors or considerations
354 to read: 383 as it deems proper under the circumstances, including, but not
355 607.0152 Judicial proceedings regarding validity of 384 limited to, any one or more of the factors, considerations,
356 corporate actions.— 385 findings, and orders set forth in subsections (5) and (6).
357 (1) Subject to subsection (4), upon application by the 386 (3) Service of process of the application under subsection
358 corporation, any successor entity to the corporation, a director 387 (1) on the corporation may be made in any manner provided in
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388 chapter 48 for service on a corporation, and no other party need 417 (e) Whether the defective corporate action was a conflict
389 be joined in order for the court to adjudicate the matter. In an 418 of interest transaction.
390 action filed by the corporation, the court may require that 419 (f) Any other factors or considerations the court deems
391 notice of the action be provided to other persons specified by 420 just and equitable.
392 the court and permit such other persons to intervene in the 421 (6) In connection with an action under this section, the
393 action. 422 court may do any one or more of the following:
394 (4) Notwithstanding any other law to the contrary, any 423 (a) Declare that a ratification in accordance with and
395 action asserting that the ratification of a defective corporate 424 pursuant to s. 607.0147 is not effective or shall only be
396 action, and any putative shares issued as a result of such 425 effective at a time or upon conditions established by the court.
397 defective corporate action, should not be effective, or should 426 (b) Validate and declare effective any defective corporate
398 be effective only on certain conditions, must be brought, if at 427 action or putative shares and impose conditions upon such
399 all, within 120 days after the validation effective time. 428 validation.
400 (5) In connection with the resolution of matters under 429 (c) Require measures to remedy or avoid harm to any person
401 subsection (2), the court may consider any of the following: 430 substantially and adversely affected by a ratification in
402 (a) Whether the defective corporate action was originally 431 accordance with and pursuant to s. 607.0147 or by any order of
403 approved or effectuated with the belief that the approval or 432 the court pursuant to this section, excluding any harm that
404 effectuation was in compliance with the provisions of this 433 would have resulted if the defective corporate action had been
405 chapter, the articles of incorporation, or the bylaws of the 434 valid when approved or effectuated.
406 corporation. 435 (d) Order the department to accept an instrument for filing
407 (b) Whether the corporation and board of directors have 436 with an effective time specified by the court, which effective
408 treated the defective corporate action as a valid act or 437 time may be before or after the date and time of such order,
409 transaction and whether any person has acted in reliance on the 438 provided that the filing date of such instrument shall be
410 public record that such defective corporate action was valid. 439 determined in accordance with s. 607.0123.
411 (c) Whether any person will be or was harmed by the 440 (e) Approve a stock ledger for the corporation that
412 ratification or validation of the defective corporate action, 441 includes any shares ratified or validated in accordance with
413 excluding any harm that would have resulted if the defective 442 this section or s. 607.0147.
414 corporate action had been valid when approved or effectuated. 443 (f) Declare that the putative shares are valid shares or
415 (d) Whether any person will be harmed by the failure to 444 require a corporation to issue and deliver valid shares in place
416 ratify or validate the defective corporate action. 445 of any putative shares.
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446 (g) Order that a meeting of holders of valid shares or 475 liability company, in each case using the respective mailing
447 putative shares be held and exercise such powers as it deems 476 address of the respective limited liability company that then
448 appropriate with respect to such a meeting. 477 appears in the records of the department.
449 (h) Declare that a defective corporate action validated by 478 (6)(a) If a registered agent is resigning as registered
450 the court shall be effective as of the date and time of the 479 agent from more than one limited liability company that each has
451 defective corporate action or at such other date and time as 480 been dissolved, either voluntarily, administratively, or by
452 determined by the court. 481 court action, for a continuous period of 10 years or longer, the
453 (i) Declare that putative shares validated by the court 482 registered agent may elect to file the statement of resignation
454 shall be deemed to be identical valid shares or fractions of 483 separately for each such limited liability company or may elect
455 valid shares as of the date and time originally issued or 484 to file a single composite statement of resignation covering two
456 purportedly issued or at such other date and time as determined 485 or more limited liability companies. Any such composite
457 by the court. 486 statement of resignation must set forth, for each such limited
458 (j) Require payment by the corporation of reasonable 487 liability company covered by the statement of resignation, the
459 expenses, including attorney fees and costs, that the court 488 name of the respective limited liability and the date
460 finds just and equitable under the circumstances. 489 dissolution became effective for the respective limited
461 (k) Issue other orders as it deems necessary and proper 490 liability company.
462 under the circumstances. 491 (b) This subsection is applicable only to resignations from
463 Section 9. Subsection (2) of section 605.115, Florida 492 limited liability companies as defined in this chapter.
464 Statutes, is amended, and subsection (6) is added to that 493 Section 10. Subsection (2) of section 607.0503, Florida
465 section, to read: 494 Statutes, is amended, and subsection (6) is added to that
466 605.0115 Resignation of registered agent.— 495 section, to read:
467 (2) After delivering the statement of resignation to the 496 607.0503 Resignation of registered agent.—
468 department for filing, the registered agent must promptly mail a 497 (2) After delivering the statement of resignation to the
469 copy to the limited liability company’s or foreign limited 498 department for filing, the registered agent must promptly mail a
470 liability company’s current mailing address; provided however, 499 copy to the corporation at its current mailing address; provided
471 that if a composite statement of resignation is being filed 500 however that if a composite statement of resignation is being
472 pursuant to subsection (6), the registered agent must promptly 501 filed pursuant to subsection (6), the registered agent must
473 mail a copy of either the composite statement of resignation or 502 promptly mail a copy of either the composite statement of
474 a separate notice of resignation for each respective limited 503 resignation or a separate notice of resignation for each
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504 respective corporation, in each case using the respective 533 the composite statement of resignation or a separate notice of
505 mailing address of the respective corporation that then appears 534 resignation for each respective corporation, in each case using
506 in the records of the department. 535 the respective mailing address of the respective corporation
507 (6)(a) If a registered agent is resigning as registered 536 that then appears in the records of the department principal
508 agent from more than one corporation that each has been 537 office address shown in its most recent annual report or, if
509 dissolved, either voluntarily, administratively, or by court 538 none, filed in the articles of incorporation or other most
510 action, for a continuous period of 10 years or longer, the 539 recently filed document. The statement of resignation shall
511 registered agent may elect to file the statement of resignation 540 state that a copy of such statement of resignation or, if
512 separately for each such corporation or may elect to file a 541 applicable, notice of resignation, has been mailed to the
513 single composite statement of resignation covering two or more 542 corporation at the address so stated. The agency is terminated
514 corporations. Any such composite statement of resignation must 543 as of the 31st day after the date on which the statement was
515 set forth, for each such corporation covered by the statement of 544 filed and unless otherwise provided in the statement,
516 resignation, the name of the respective corporation and the date 545 termination of the agency acts as a termination of the
517 that dissolution became effective for the respective 546 registered office.
518 corporation. 547 (b) If a registered agent is resigning as registered agent
519 (b) This subsection is applicable only to resignations by 548 from one or more corporations that each have been dissolved,
520 registered agents from domestic corporations. 549 either voluntarily, administratively, or by court action, for a
521 Section 11. Subsection (2) of section 617.0502, Florida 550 continuous period of 10 years or longer, the registered agent
522 Statutes, is amended to read: 551 may elect to file the statement of resignation separately for
523 617.0502 Change of registered office or registered agent; 552 each such corporation or may elect to file a single composite
524 resignation of registered agent.— 553 statement of resignation covering two or more corporations. Any
525 (2)(a) Any registered agent may resign his or her agency 554 such composite statement of resignation must set forth, for each
526 appointment by signing and delivering for filing with the 555 such corporation covered by the statement of resignation, the
527 Department of State a statement of resignation and mailing a 556 name of the respective corporation and the date that dissolution
528 copy of such statement to the corporation at its mailing address 557 became effective for the respective corporation. This subsection
529 of the respective corporation that then appears in the records 558 is applicable only to resignations by registered agents from
530 of the department; provided however that if a composite 559 domestic corporations.
531 statement of resignation is being filed pursuant to paragraph 560 Section 12. Subsections (8) and (9) of section 605.0213,
532 (b), the registered agent must promptly mail a copy of either 561 Florida Statutes, are amended to read:
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562 605.0213 Fees of the department.—The fees of the department 591 (7) Agent’s statement of resignation from a inactive
563 under this chapter are as follows: 592 dissolved corporation or a composite statement of resignation
564 (8) For filing a registered agent’s statement of 593 from two or more dissolved corporations pursuant to s.
565 resignation from a an active limited liability company that has 594 617.0502(2)(b): $35.
566 not been dissolved, $85. 595
567 (9) For filing a registered agent’s statement of 596 Any citizen support organization that is required by rule of the
568 resignation from a dissolved limited liability company or a 597 Department of Environmental Protection to be formed as a
569 composite statement of resignation from two or more dissolved 598 nonprofit organization and is under contract with the department
570 limited liability companies pursuant to s. 605.0115(6), $25. 599 is exempt from any fees required for incorporation as a
571 Section 13. Subsections (6) and (7) of section 607.0122, 600 nonprofit organization, and the Secretary of State may not
572 Florida Statutes, are amended to read: 601 assess any such fees if the citizen support organization is
573 607.0122 Fees for filing documents and issuing 602 certified by the Department of Environmental Protection to the
574 certificates.—The department shall collect the following fees 603 Secretary of State as being under contract with the Department
575 when the documents described in this section are delivered to 604 of Environmental Protection.
576 the department for filing: 605 Section 15. For the purpose of incorporating the amendments
577 (6) Agent’s statement of resignation from a active 606 made by this act to section 605.0115, Florida Statutes, in a
578 corporation that has not been dissolved: $87.50. 607 reference thereto, section 605.0207, Florida Statutes, is
579 (7) Agent’s statement of resignation from a an inactive 608 reenacted to read:
580 dissolved corporation or a composite statement of resignation 609 605.0207 Effective date and time.—Except as otherwise
581 from two or more dissolved corporations pursuant to s. 610 provided in s. 605.0208, and subject to s. 605.0209(3), any
582 607.0502(6): $35. 611 document delivered to the department for filing under this
583 Section 14. Subsections (6) and (7) of section 617.0122, 612 chapter may specify an effective time and a delayed effective
584 Florida Statutes, are amended to read: 613 date. In the case of initial articles of organization, a prior
585 617.0122 Fees for filing documents and issuing 614 effective date may be specified in the articles of organization
586 certificates.—The Department of State shall collect the 615 if such date is within 5 business days before the date of
587 following fees on documents delivered to the department for 616 filing. Subject to ss. 605.0114, 605.0115, 605.0208, and
588 filing: 617 605.0209, a record filed by the department is effective:
589 (6) Agent’s statement of resignation from a active 618 (1) If the record filed does not specify an effective time
590 corporation that has not been dissolved: $87.50. 619 and does not specify a prior or a delayed effective date, on the
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620 date and at the time the record is accepted as evidenced by the 649 the date or time, or both, at which it becomes effective shall
621 department’s endorsement of the date and time on the filing. 650 be those prevailing at the place of filing in this state.
622 (2) If the record filed specifies an effective time, but 651 Section 16. For the purpose of incorporating the amendments
623 not a prior or delayed effective date, on the date the record is 652 made by this act to section 605.0115, Florida Statutes, in a
624 accepted, as evidenced by the department’s endorsement, and at 653 reference thereto, paragraph (b) of subsection (3) of section
625 the time specified in the filing. 654 605.0113, Florida Statutes, is reenacted to read:
626 (3) If the record filed specifies a delayed effective date, 655 605.0113 Registered agent.—
627 but not an effective time, at 12:01 a.m. on the earlier of: 656 (3) The duties of a registered agent are as follows:
628 (a) The specified date; or 657 (b) If the registered agent resigns, to provide the notice
629 (b) The 90th day after the record is filed. 658 required under s. 605.0115(2) to the company or foreign limited
630 (4) If the record filed specifies a delayed effective date 659 liability company at the address most recently supplied to the
631 and an effective time, at the specified time on or the earlier 660 agent by the company or foreign limited liability company.
632 of: 661 Section 17. For the purpose of incorporating the amendment
633 (a) The specified date; or 662 made by this act to section 607.0122, Florida Statutes, in a
634 (b) The 90th day after the record is filed. 663 reference thereto, subsection (1) of section 658.23, Florida
635 (5) If the record filed is the initial articles of 664 Statutes, is reenacted to read:
636 organization and specifies an effective date before the date of 665 658.23 Submission of articles of incorporation; contents;
637 the filing, but no effective time, at 12:01 a.m. on the later 666 form; approval; filing; commencement of corporate existence;
638 of: 667 bylaws.—
639 (a) The specified date; or 668 (1) Within 3 months after approval by the office and the
640 (b) The 5th business day before the record is filed. 669 appropriate federal regulatory agency, the applicant shall
641 (6) If the record filed is the initial articles of 670 submit its duly executed articles of incorporation to the
642 organization and specifies an effective time and an effective 671 office, together with the filing fee due the Department of State
643 date before the date of the filing, at the specified time on the 672 under s. 607.0122.
644 later of: 673 Section 18. For the purpose of incorporating the amendment
645 (a) The specified date; or 674 made by this act to section 607.0503, Florida Statutes, in a
646 (b) The 5th business day before the record is filed. 675 reference thereto, subsection (4) of section 607.0501, Florida
647 (7) If the record filed does not specify the time zone or 676 Statutes, is reenacted to read:
648 place at which the date or time, or both, is to be determined, 677 607.0501 Registered office and registered agent.—
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678 (4) The duties of a registered agent are: 707 607.0145, F.S.; defining terms; creating s. 607.0146,
679 (a) To forward to the corporation at the address most 708 F.S.; providing that a defective corporate action is
680 recently supplied to the registered agent by the corporation, a 709 not void or voidable in certain circumstances;
681 process, notice, or demand pertaining to the corporation which 710 providing that ratification or validation under
682 is served on or received by the registered agent; and 711 certain circumstances may not be deemed the exclusive
683 (b) If the registered agent resigns, to provide the notice 712 means of either ratifying or validating defective
684 required under s. 607.0503 to the corporation at the address 713 corporate actions, and that the absence or failure to
685 most recently supplied to the registered agent by the 714 ratify defective corporate actions does not affect the
686 corporation. 715 validity or effectiveness of certain corporate actions
687 Section 19. For the purpose of incorporating the amendments 716 properly ratified; providing for the validity of
688 made by this act to sections 605.0213 and 607.0122, Florida 717 putative shares in the event of an overissue; creating
689 Statutes, in references thereto, paragraph (b) of subsection (2) 718 s. 607.0147, F.S.; requiring the board of directors to
690 of section 607.193, Florida Statutes, is reenacted to read: 719 take certain action to ratify a defective corporate
691 607.193 Supplemental corporate fee.— 720 action; authorizing those exercising the powers of the
692 (2) 721 directors to take certain action when certain
693 (b) In addition to the fees levied under ss. 605.0213, 722 defective actions are related to the ratification of
694 607.0122, and 620.1109 and the supplemental corporate fee, a 723 the initial board of directors; requiring members of
695 late charge of $400 shall be imposed if the supplemental 724 the board of directors to seek approval of the
696 corporate fee is remitted after May 1 except in circumstances in 725 shareholders under certain conditions; authorizing the
697 which a business entity was administratively dissolved or its 726 board of directors to abandon ratification at any time
698 certificate of authority was revoked due to its failure to file 727 before the validation effective time after action by
699 an annual report and the entity subsequently applied for 728 the board and, if required, approval of the
700 reinstatement and paid the applicable reinstatement fee. 729 shareholders; creating s. 607.0148, F.S.; providing
701 730 quorum and voting requirements for the ratification of
702 ================= T I T L E A M E N D M E N T ================ 731 certain defective corporate actions; requiring the
703 And the title is amended as follows: 732 board to send notice to all identifiable shareholders
704 Delete lines 2 - 106 733 of a certain meeting date; requiring that the notice
705 and insert: 734 state that a purpose of the meeting is to consider
706 An act relating to corporate actions; creating s. 735 ratification of a defective corporate action;
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736 requiring the notice sent to be accompanied with 765 certain actions be filed within a specified timeframe;
737 certain information; specifying the quorum and voting 766 authorizing the court to consider certain factors in
738 requirements applicable to ratification of the 767 resolving certain issues; authorizing the courts to
739 election of directors; requiring votes cast within the 768 take certain actions in cases involving defective
740 voting group favoring ratification of the election of 769 corporate actions; amending ss. 605.0115, 607.0503,
741 a director to exceed the votes cast within the voting 770 and 617.0502, F.S.; providing that a registered agent
742 group opposing such ratification; prohibiting holders 771 may resign from certain limited liability companies or
743 of putative shares from voting on ratification of any 772 foreign limited liability companies, certain inactive
744 defective corporate action and providing that they may 773 or dissolved corporations, and certain active or
745 not be counted for quorum purposes or in certain 774 inactive corporations, respectively, by delivering a
746 written consent; requiring approval of certain 775 specified statement of resignation to the Department
747 amendments to the corporation’s articles of 776 of State; providing requirements for the statement;
748 incorporation under certain circumstances; creating s. 777 providing that a registered agent who is resigning
749 607.0149, F.S.; requiring that notice be given to 778 from one or more such corporations, companies, or
750 shareholders of certain corporate action taken by the 779 partnerships may elect to file a statement of
751 board of directors; providing that notice is not 780 resignation for each such company, corporation, or
752 required for holders of certain shares whose 781 partnership or a composite statement; providing
753 identities or addresses for notice cannot be 782 requirements for composite statements; requiring that
754 determined; providing requirements for such notice; 783 a copy of each of the statements of resignation or the
755 providing requirements for such notice for 784 composite statement be mailed to the address on file
756 corporations subject to certain federal reporting 785 with the department for the company, corporation, or
757 requirements; creating s. 607.0150, F.S.; specifying 786 partnership or companies, corporations, or
758 the effects of ratification; creating s. 607.0151, 787 partnerships, as applicable; amending ss. 605.0213 and
759 F.S.; requiring corporations to file articles of 788 607.0122, F.S.; conforming provisions to changes made
760 validation under certain circumstances; providing 789 by the act; providing registered agents may pay one
761 applicability; providing requirements for articles of 790 resignation fee regardless of whether resigning from
762 validation; creating s. 607.0152, F.S.; authorizing 791 one or multiple inactive or dissolved companies or
763 certain persons and entities to file certain motions; 792 corporations; reenacting ss. 605.0207 and
764 providing for service of process; requiring that 793 605.0113(3)(b), F.S., relating to effective dates and
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794 times and to registered agents, respectively, to
795 incorporate the amendments made to s. 605.0115, F.S.,
796 in references thereto; reenacting s. 658.23(1), F.S.,
797 relating to submission of articles of incorporation,
798 to incorporate the amendment made to s. 607.0122,
799 F.S., in a reference thereto; reenacting s.
800 607.0501(4), F.S., relating to registered offices and
801 registered agents, to incorporate the amendment made
802 to s. 607.0503, F.S., in a reference thereto;
803 reenacting s. 607.193(2)(b), F.S., relating to
804 supplemental corporate fees, to incorporate the
805 amendments made to ss. 605.0213 and 607.0122, F.S., in
806 references thereto; reenacting ss. 39.8298(1)(a),
807 252.71(2)(a), 288.012(6)(a), 617.1807,
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1 A bill to be entitled 30 state that a purpose of the meeting is to consider
2 An act relating to the corporate actions; creating s. 31 ratification of a defective corporate action;
3 607.0145, F.S.; defining terms; creating s. 607.0146, 32 requiring the board to send notice to all identifiable
4 F.S.; providing that a defective corporate action is 33 shareholders if the ratification of the defective
5 not void or voidable in certain circumstances; 34 corporate action is to be accomplished by consent of
6 providing that ratification or validation under 35 the shareholders; specifying the quorum and voting
7 certain circumstances may not be deemed the exclusive 36 requirements applicable to ratification of the
8 means of either ratifying or validating defective 37 election of directors; prohibiting holders of putative
9 corporate actions, and that the absence or failure to 38 shares from voting on ratification of any defective
10 ratify defective corporate actions does not affect the 39 corporate action and providing that they may not be
11 validity or effectiveness of certain corporate actions 40 counted for quorum purposes or in certain written
12 properly ratified; providing for the validity of 41 consent; requiring approval of certain amendments to
13 putative shares in the event of an overissue; creating 42 the corporation’s articles of incorporation under
14 s. 607.0147, F.S.; requiring the board of directors to 43 certain circumstances; creating s. 607.0149, F.S.;
15 take certain action to ratify a defective corporate 44 requiring that notice be given to shareholders of
16 action; authorizing those exercising the powers of the 45 certain corporate action taken by the board of
17 directors to take certain action when certain 46 directors; providing requirements for such notice;
18 defective actions are related to the ratification of 47 providing requirements for such notice for
19 the initial board of directors; requiring members of 48 corporations subject to certain federal reporting
20 the board of directors to seek approval of the 49 requirements; creating s. 607.0150, F.S.; specifying
21 shareholders under certain conditions; authorizing the 50 the effects of ratification; creating s. 607.0151,
22 board of directors to abandon ratification at any time 51 F.S.; requiring corporations to file articles of
23 before the validation effective time after action by 52 validation under certain circumstances; providing
24 the board and, if required, approval of the 53 applicability; providing requirements for articles of
25 shareholders; creating s. 607.0148, F.S.; providing 54 validation; creating s. 607.0152, F.S.; authorizing
26 quorum and voting requirements for the ratification of 55 certain persons and entities to file certain motions;
27 certain defective corporate actions; requiring the 56 providing for service of process; requiring that
28 board to send notice to all identifiable shareholders 57 certain actions be filed within a specified timeframe;
29 of a certain meeting date; requiring that the notice 58 authorizing the court to consider certain factors in
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59 resolving certain issues; authorizing the courts to 88 605.0113(3)(b), F.S., relating to effective dates and
60 take certain actions in cases involving defective 89 times and to registered agents, respectively, to
61 corporate actions; amending ss. 605.0115, 607.0503, 90 incorporate the amendments made to s. 605.0115, F.S.,
62 607.1509, 617.0502, and 620.1116, F.S.; providing that 91 in references thereto; reenacting s. 658.23(1), F.S.,
63 a registered agent may resign from certain limited 92 related to submission of articles of incorporation, to
64 liability companies or foreign limited liability 93 incorporate the amendments made in s. 607.0122, F.S.,
65 companies, certain inactive or dissolved corporations, 94 in a reference thereto; reenacting s. 607.0501(4),
66 certain inactive or dissolved foreign corporations, 95 F.S., relating to the registered offices and
67 certain active or inactive corporations, and certain 96 registered agents, to incorporate the change made to
68 limited partnerships or foreign limited partnerships, 97 s. 607.0503, F.S., in a reference thereto; reenacting
69 respectively, by delivering a specified statement of 98 s. 607.193(2)(b), F.S., relating to supplemental
70 resignation to the Department of State; providing 99 corporate fees, to incorporate the amendments made in
71 requirements for the statement; providing that a 100 ss. 605.0213 and 607.0122, F.S., in references
72 registered agent who is resigning from one or more 101 thereto; reenacting ss. 607.0120(9) and 607.1507(4),
73 such corporations, companies, or partnerships may 102 F.S., relating to filing requirements and registered
74 elect to file a statement of resignation for each such 103 offices and agents of foreign corporations,
75 company, corporation, or partnership or a composite 104 respectively, to incorporate the amendments made to s.
76 statement; providing requirements for composite 105 607.1509, F.S., in references thereto; reenacting ss.
77 statements; requiring that a copy of the each of the 106 39.8298(1)(a), 252.71(2)(a), 288.012(6)(a), 617.1807,
78 statements of resignation or the composite statement 107 and 617.2006(4), F.S., relating to the Guardian Ad
79 be mailed to the address on file with the department 108 Litem direct-support organization, the Florida
80 for the company, corporation, or partnership or 109 Emergency Management Assistance Foundation, State of
81 companies, corporations, or partnerships, as 110 Florida international offices, conversion to
82 applicable; amending ss. 605.0213 and 607.0122, F.S.; 111 corporation not for profit, and incorporation of labor
83 conforming provisions to changes made by the act; 112 unions or bodies, respectively, to incorporate the
84 providing registered agents may pay one resignation 113 amendment made in s. 617.0122, F.S., in references
85 fee regardless of whether resigning from one or 114 thereto; reenacting s. 617.0501(3) and 617.0503(1)(a),
86 multiple inactive or dissolved companies or 115 F.S., relating to registered agents, to incorporate
87 corporations; reenacting ss. 605.0207 and 116 the amendment made to s. 617.0502, F.S., in references
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117 thereto; providing an effective date. 146 voidable.
118 147 (5) “Overissue” means the purported issuance of:
119 Be It Enacted by the Legislature of the State of Florida: 148 (a) Shares of a class or series in excess of the number of
120 149 shares of the class or series the corporation has the power to
121 Section 1. Section 607.0145, Florida Statutes, is created 150 issue under s. 607.0601 at the time of such issuance; or
122 to read: 151 (b) Shares of any class or series that is not then
123 607.0145 Definitions.—As used in ss. 607.0145-607.0152, the 152 authorized for issuance by the corporation’s articles of
124 term: 153 incorporation.
125 (1) “Corporate action” means any action taken by or on 154 (6) “Putative shares” means the shares of any class or
126 behalf of a corporation, including any action taken by the 155 series, including shares issued upon exercise of rights,
127 incorporator, the board of directors, a committee of the board 156 options, warrants or other securities convertible into shares of
128 of directors, an officer or agent of the corporation, or the 157 the corporation, or interests with respect to such shares, which
129 shareholders. 158 were created or issued as a result of a defective corporate
130 (2) “Date of the defective corporate action” means the 159 action and which:
131 date, or, if the exact date is unknown, the approximate date, on 160 (a) Would constitute valid shares but for any failure of
132 which the defective corporate action was purported to have been 161 authorization; or
133 taken. 162 (b) Cannot be determined by the board of directors to be
134 (3) “Defective corporate action” means: 163 valid shares.
135 (a) Any corporate action purportedly taken which is, and at 164 (7) “Valid shares” means the shares of any class or series
136 the time such corporate action was purportedly taken would have 165 which have been duly authorized and validly issued, including as
137 been, within the power of the corporation, but is void or 166 a result of ratification or validation under ss. 607.0145-
138 voidable due to a failure of authorization; or 167 607.0152.
139 (b) An overissue. 168 (8) “Validation effective time,” with respect to any
140 (4) “Failure of authorization” means the failure to 169 defective corporate action ratified under ss. 607.0145-607.0152,
141 authorize, approve, or otherwise effect a corporate action in 170 means the later of the following:
142 compliance with this chapter, the corporation’s articles of 171 (a) The date on which the ratification of the defective
143 incorporation or bylaws, a corporate resolution, or any plan or 172 corporate action is approved by the shareholders, or if approval
144 agreement to which the corporation is a party, if and to the 173 of shareholders is not required, the date on which the notice
145 extent such failure would render such corporate action void or 174 required by s. 607.0149 becomes effective in accordance with s.
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175 607.0141; 204 (3) In the case of an overissue, putative shares are valid
176 (b) If no articles of validation are required to be filed 205 effective as of the date originally issued or purportedly issued
177 in accordance with s. 607.0151, the date on which the notice 206 upon:
178 required by s. 607.0149 becomes effective in accordance with s. 207 (a) Adoption of an amendment to the articles of
179 607.0141; or 208 incorporation authorizing, designating, or creating such shares
180 (c) If articles of validation are required to be filed in 209 pursuant to ss. 607.0145-607.0152 and ss. 607.1001-607.1009; or
181 accordance with s. 607.0151, the date on which the articles of 210 (b) Other corporate action taken under ss. 607.0145-
182 validation filed in accordance with s. 607.0151 become 211 607.0152 ratifying the authorization, designation, or creation
183 effective. 212 of such shares.
184 Section 2. Section 607.0146, Florida Statutes, is created 213 Section 3. Section 607.0147, Florida Statutes, is created
185 to read: 214 to read:
186 607.0146 Defective corporate actions.— 215 607.0147 Ratification of defective corporate actions.—
187 (1) A defective corporate action is not void or voidable 216 (1) To ratify a defective corporate action under this
188 if: 217 section, other than ratification of an election of the initial
189 (a) The defective corporate action was ratified in 218 board of directors under subsection (2), the board of directors
190 accordance with the requirements of s. 607.0147, including the 219 must ratify the action in accordance with s. 607.0148, stating
191 filing, if required, of articles of validation pursuant to s. 220 all of the following:
192 607.0151; or 221 (a) The defective corporate action to be ratified and, if
193 (b) The defective corporate action was validated pursuant 222 the defective corporate action involved the issuance of putative
194 to s. 607.0152. 223 shares, the number and type of putative shares purportedly
195 (2) Ratification pursuant to s. 607.0147 or validation 224 issued.
196 pursuant to s. 607.0152 may not be deemed to be the exclusive 225 (b) The date of the defective corporate action.
197 means of ratifying or validating any defective corporate action, 226 (c) The nature of the failure of authorization with respect
198 and the absence or failure of ratification pursuant to ss. 227 to the defective corporate action that is the subject of the
199 607.0145-607.0152 does not, in and of itself, affect the 228 ratification.
200 validity or effectiveness of any corporate action properly 229 (d) That the board of directors approves the ratification
201 ratified under common law or otherwise, and it does not create a 230 of the defective corporate action.
202 presumption that any such corporate action is or was a defective 231 (2) In the event that a defective corporate action to be
203 corporate action or is or was void or voidable. 232 ratified relates to the election of the initial board of
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233 directors of the corporation under s. 607.0205(1)(b), a majority 262 to read:
234 of the persons who, at the time of the ratification, are 263 607.0148 Action on ratification.—
235 exercising the powers of directors may take an action stating 264 (1) The quorum and voting requirements applicable to a
236 all of the following: 265 ratifying action by the board of directors under s. 607.0147(1)
237 (a) The name of the person or persons who first took action 266 are the quorum and voting requirements applicable to the
238 in the name of the corporation as the initial board of directors 267 corporate action proposed to be ratified at the time such
239 of the corporation. 268 ratifying action is taken.
240 (b) The earlier of the dates on which either such persons 269 (2)(a) If the ratification of the defective corporate
241 first took such action or were purported to have been elected to 270 action requires approval by the shareholders under s.
242 the initial board of directors. 271 607.0147(3), and if the approval is to be given at a meeting,
243 (c) That the ratification of the election of such person or 272 the corporation must notify each holder of valid and putative
244 persons to the initial board of directors is approved. 273 shares that, regardless of whether entitled to vote as of the
245 (3) If any action taken pursuant to this section, the 274 record date for notice of the meeting and as of the date of the
246 corporation’s articles of incorporation or bylaws, any corporate 275 occurrence of the defective corporate action, approval is
247 resolution, or any plan or agreement in effect at the time of 276 required; however, such notice is not required to be given to
248 the action to which the corporation is a party under subsection 277 holders of valid or putative shares whose identities or
249 (1) requires shareholder approval, or would have required 278 addresses for notice cannot be determined from the records of
250 shareholder approval, at the date of the occurrence of the 279 the corporation. The notice must state that the purpose, or one
251 defective corporate action, the ratification of the defective 280 of the purposes, of the meeting is to consider ratification of a
252 corporate action approved in the action taken by the directors 281 defective corporate action.
253 under subsection (1) must be submitted to the shareholders for 282 (b) If the ratification of the defective corporate action
254 approval in accordance with s. 607.0148. 283 requires approval by the shareholders under s. 607.0147(3), and
255 (4) Unless otherwise provided in the action taken by the 284 if the approval is to be ratified by one or more written
256 board of directors under subsection (1), after the action by the 285 consents of the shareholders, the corporation must notify each
257 board of directors has been taken and, if required, approved by 286 holder of valid and putative shares as of the record date of the
258 the shareholders, the board of directors may abandon the 287 action by written consent and as of the date of the occurrence
259 ratification at any time before the validation effective time 288 of the defective corporate action, regardless of whether
260 without further action of the shareholders. 289 entitled to vote; however, notice is not required to be given to
261 Section 4. Section 607.0148, Florida Statutes, is created 290 holders of valid or putative shares whose identities or
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291 addresses for notice cannot be determined from the records of 320 (5) Holders of putative shares on the record date for
292 the corporation. The notice must state that the purpose, or one 321 determining the shareholders entitled to vote on any matter
293 of the purposes, of the written consent is to consider 322 submitted to shareholders under s. 607.0147(3), and without
294 ratification of a defective corporate action. 323 giving effect to any ratification of putative shares which
295 (c) The notice must be accompanied by both of the 324 becomes effective as a result of such vote, are not entitled to
296 following: 325 vote and may not be counted for quorum purposes in any vote to
297 1. Either a copy of the action taken by the board of 326 approve the ratification of any defective corporate action.
298 directors pursuant to s. 607.0147(1)(a), or the information 327 Putative shares on the record date for the action by written
299 required pursuant to s. 607.0147(1)(a)-(d). 328 consent, and without giving effect to any ratification of
300 2. A statement that any claim asserting that the 329 putative shares which becomes effective as a result of such
301 ratification of such defective corporate action, and any 330 written consent, are not entitled to be counted in any written
302 putative shares issued as a result of such defective corporate 331 consent to approve the ratification of any defective corporate
303 action, are not effective, or may only be effective on certain 332 action.
304 conditions, and must be brought within 120 days after the 333 (6) If approval under this section of putative shares would
305 applicable validation effective time. 334 result in an overissue, in addition to the approval required by
306 (3) Except as provided in subsection (4) with respect to 335 s. 607.0147, approval is also required of an amendment to the
307 the voting requirements to ratify the election of a director, 336 corporation’s articles of incorporation under ss. 607.1001–
308 any quorum and voting requirements applicable to the approval by 337 607.1009 to increase the number of shares of an authorized class
309 the shareholders required by s. 607.0147(3) are those 338 or series or to authorize the creation of a class or series of
310 applicable, at the time of such shareholder approval, to the 339 shares so there is no overissue.
311 corporate action proposed to be ratified. 340 Section 5. Section 607.0149, Florida Statutes, is created
312 (4) The approval by shareholders at a meeting to ratify the 341 to read:
313 election of a director requires that the votes cast by the 342 607.0149 Notice requirements.—
314 voting group favoring such ratification exceed the votes cast by 343 (1) Unless shareholder approval is required under s.
315 the voting group opposing such ratification at a meeting at 344 607.0147(3), prompt notice of an action taken by the board of
316 which a quorum is present. Approval by shareholders by written 345 directors under s. 607.0147 must be given to each holder of
317 consent to ratify the election of a director requires that the 346 valid shares and each holder of putative shares, regardless of
318 consents given by the voting group favoring such ratification 347 whether entitled to vote, who is a holder of valid shares or
319 represent a majority of the shares of the voting group. 348 putative shares as of:
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349 (a) The date of the action by the board of directors taken 378 Section 6. Section 607.0150, Florida Statutes, is created
350 under s. 607.0147; and 379 to read:
351 (b) The date of the occurrence of the defective corporate 380 607.0150 Effects of ratification.—The following provisions
352 action being ratified. 381 apply upon the validation effective time, without regard to the
353 (2) Notice is not required to those holders of valid shares 382 120-day period during which a claim may be brought pursuant to
354 or those holders of putative shares whose identities or 383 s. 607.0152:
355 addresses for notice cannot be determined from the records of 384 (1) Each defective corporate action ratified pursuant to s.
356 the corporation. 385 607.0147 is not void or voidable as a result of the failure of
357 (3) The notice must contain both of the following: 386 authorization set forth and identified pursuant to s.
358 (a) Either a copy of the action taken by the board of 387 607.0147(1) or (2) and is deemed a valid corporate action
359 directors pursuant to s. 607.0147(1) or the information required 388 effective as of the date of the defective corporate action.
360 by s. 607.0147(1)(a)-(d) or s. 607.0147(2)(a), (b), and (c), as 389 (2) The issuance of each putative share or fraction of a
361 applicable. 390 putative share purportedly issued pursuant to a defective
362 (b) A statement that, in order to be considered, any claim 391 corporate action identified in the action taken pursuant to s.
363 asserting that the ratification of the defective corporate 392 607.0147 is not void or voidable, and each such putative share
364 action, and any putative shares issued as a result of such 393 is deemed to be an identical share or fraction of a valid share
365 defective corporate action, are not effective, or are effective 394 as of the time it was purportedly issued.
366 only on certain conditions, and must be brought within 120 days 395 (3) Any corporate action taken subsequent to the defective
367 after the applicable validation effective time. 396 corporate action ratified pursuant to ss. 607.0145-607.0152 in
368 (4) Notice is not required under this section with respect 397 reliance on such defective corporate action having been validly
369 to any action required to be submitted to shareholders for 398 effected, and any subsequent defective corporate action
370 approval pursuant s. 607.0147(3) if notice is given pursuant to 399 resulting directly or indirectly from such original defective
371 s. 607.0148(2). 400 corporate action, is valid as of the respective time such
372 (5) Notice required by this section may be given in any 401 corporate action was taken.
373 manner authorized under s. 607.0141 and, for any corporation 402 Section 7. Section 607.0151, Florida Statutes, is created
374 subject to the reporting requirements of ss. 13 or 15(d) of the 403 to read:
375 Securities Exchange Act of 1934, may be given by means of a 404 607.0151 Filings.—
376 filing or furnishing of such notice with the United States 405 (1) If the defective corporate action ratified under ss.
377 Securities and Exchange Commission. 406 607.0145-607.0152 would have required a filing under ss.
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407 607.0145-607.0152, and either: 436 the ratification of such defective corporate action.
408 (a) Any previous filing requires any change to the filing 437 (e)1. If a filing was previously made with respect to the
409 to give effect to the defective corporate action in accordance 438 defective corporate action and such filing requires any change
410 with this section, including a change to the date and time of 439 to give effect to the ratification of such defective corporate
411 the effectiveness of such filing; or 440 action pursuant to s. 607.0147:
412 (b) A filing was not previously filed with respect to the 441 a. The name, title, and filing date of the filing
413 defective corporate action, 442 previously made and any articles of correction for that filing;
414 443 b. A statement that a filing containing all of the
415 In lieu of a filing otherwise required under ss. 607.0145- 444 information required to be included under the applicable
416 607.0152, the corporation must file articles of validation in 445 provisions of this chapter to give effect to such defective
417 accordance with this section, and such articles of validation 446 corporate action is attached as an exhibit to the articles of
418 will serve to amend or be a substitute for any other filing with 447 validation; and
419 respect to such defective corporate action required under ss. 448 c. The date and time that such filing is deemed to have
420 607.0145-607.0152. 449 become effective.
421 (2) Articles of validation must specify all of the 450 2. If a filing was not previously made with respect to the
422 following: 451 defective corporate action and the defective corporate action
423 (a) The defective corporate action that is the subject of 452 ratified pursuant to s. 607.0147 would have required a filing
424 the articles of validation, including, in the case of any 453 under any other provision of this chapter:
425 defective corporate action involving the issuance of putative 454 a. A statement that a filing containing all of the
426 shares, the number and type of putative shares issued and the 455 information required to be included under the applicable
427 date or dates upon which such putative shares were purported to 456 provisions of this chapter to give effect to such defective
428 have been issued. 457 corporate action is attached as an exhibit to the articles of
429 (b) The date of the defective corporate action. 458 validation; and
430 (c) The nature of the failure of authorization with respect 459 b. The date and time that such filing is deemed to have
431 to the defective corporate action. 460 become effective.
432 (d) A statement that the defective corporate action was 461 Section 8. Section 607.0152, Florida Statutes, is created
433 ratified pursuant to s. 607.0147, including the date on which 462 to read:
434 the board of directors ratified such defective corporate action 463 607.0152 Judicial proceedings regarding validity of
435 and, if applicable, the date on which the shareholders approved 464 corporate actions.—
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465 (1) Subject to subsection (4), upon application by the 494 (1) on the corporation may be made in any manner provided in
466 corporation, any successor entity to the corporation; a director 495 chapter 48 for service on a corporation, and no other party need
467 of the corporation; any shareholder, beneficial shareholder, or 496 be joined in order for the court to adjudicate the matter. In an
468 unrestricted voting trust beneficial owner of the corporation, 497 action filed by the corporation, the court may require that
469 including any such shareholder, beneficial shareholder, or 498 notice of the action be provided to other persons specified by
470 unrestricted voting trust beneficial owner as of the date of the 499 the court and permit such other persons to intervene in the
471 defective corporate action ratified pursuant to s. 607.0147; or 500 action.
472 any other person claiming to be substantially and adversely 501 (4) Notwithstanding any other law to the contrary, an
473 affected by a ratification pursuant to s. 607.0147 may file in 502 action asserting that the ratification of a defective corporate
474 the circuit court in the applicable county motions for any of 503 action, and any putative shares issued as a result of such
475 the following: 504 defective corporate action, is not effective, or may be given
476 (a) A determination of the validity and effectiveness of 505 effect only upon certain conditions, and must be brought within
477 any corporate action or defective corporate action ratified 506 120 days after the validation effective time.
478 pursuant to s. 607.0147. 507 (5) In determining judicial proceedings under this section,
479 (b) A determination of the validity and effectiveness of 508 the court may consider the following:
480 any ratification of any defective corporate action pursuant to 509 (a) Whether the defective corporate action was originally
481 s. 607.0147. 510 approved or effectuated with the belief that the approval or
482 (c) A determination of the validity and effectiveness of 511 effectuation was in compliance with ss. 607.0145-607.0152, the
483 any defective corporate action not ratified or not ratified 512 articles of incorporation, or the bylaws of the corporation.
484 effectively pursuant to s. 607.0147. 513 (b) Whether the corporation and board of directors have
485 (d) A determination of the validity of any putative shares. 514 treated the defective corporate action as a valid act or
486 (e) A modification or waiver of any of the procedures 515 transaction and whether any person has acted in reliance on the
487 specified in s. 607.0147 or s. 607.0148 to ratify a defective 516 public record that such defective corporate action was valid.
488 corporate action. 517 (c) Whether any person will be or was harmed by the
489 (2) Upon the filing of such a motion, the court may make 518 ratification or validation of the defective corporate action,
490 such findings or issue such orders as it deems proper under the 519 excluding any harm that would have resulted if the defective
491 circumstances. Factors that the court may consider include, but 520 corporate action had been valid when approved or effectuated.
492 are not limited to, those set forth in subsections (5) and (6). 521 (d) Whether any person will be harmed by the failure to
493 (3) Service of process of the application under subsection 522 ratify or validate the defective corporate action.
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523 (e) Whether the defective corporate action was a conflict 552 (g) Order that a meeting of holders of valid shares or
524 of interest transaction. 553 putative shares be held and exercise such powers as it deems
525 (f) Any other factors or considerations the court deems 554 appropriate with respect to such a meeting.
526 just and equitable. 555 (h) Declare that a defective corporate action validated by
527 (6) The court may do any of the following in connection 556 the court is effective as of the date of the defective corporate
528 with an action under this section: 557 action or at such other time as determined by the court.
529 (a) Declare that a ratification pursuant to s. 607.0147 is 558 (i) Declare that putative shares validated by the court are
530 not effective or is effective only at a time or upon conditions 559 deemed to be identical valid shares or a fraction of valid
531 established by the court. 560 shares as of the date originally issued or purportedly issued or
532 (b) Validate and declare effective any defective corporate 561 at such other time as determined by the court.
533 action or putative shares and impose conditions upon such 562 (j) Require payment by the corporation of reasonable
534 validation. 563 expenses, including attorney fees and costs, as determined by
535 (c) Require measures to remedy or avoid harm to any person 564 the court.
536 substantially and adversely affected by a ratification pursuant 565 (k) Issue other orders as it deems necessary under the
537 to s. 607.0147 or by any order of the court pursuant to this 566 circumstances.
538 section, excluding any harm that may have resulted if the 567 Section 9. Present subsections (3), (4), and (5) of section
539 defective corporate action had been valid when approved or 568 605.0115, Florida Statutes, are redesignated as subsections (4),
540 effectuated. 569 (5), and (6) respectively, a new subsection (3) is added to that
541 (d) Order the department to accept an instrument for filing 570 section, and subsections (1) and (2) of that section, are
542 with an effective time specified by the court, which effective 571 amended, to read:
543 time may be before or after the date of such order, provided 572 605.0115 Resignation of registered agent.—
544 that the filing date of such instrument must be determined in 573 (1) A registered agent may resign as agent for an active
545 accordance with s. 607.0123. 574 limited liability company or a foreign limited liability
546 (e) Approve a stock ledger for the corporation which 575 company, an inactive limited liability company or an inactive
547 includes any shares ratified or validated pursuant with this 576 foreign limited liability company, or for one or more inactive
548 section or s. 607.0147. 577 limited liability companies or inactive foreign limited
549 (f) Declare that the putative shares are valid shares or 578 liability companies that have been inactive for 10 years or
550 require a corporation to issue and deliver valid shares in place 579 longer for a limited liability company or foreign limited
551 of any putative shares. 580 liability company by delivering for filing to the department a
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581 signed statement of resignation. The statement of resignation 610 registered agent is resigning from one limited liability or
582 must contain: containing the name of the limited liability 611 foreign limited liability company; or
583 company or foreign limited liability company. 612 (b) If the registered agent is resigning from more than one
584 (a) The name of the limited liability company or foreign 613 limited liability company or foreign limited liability company,
585 limited liability company; and 614 a copy of either the composite statement of resignation or a
586 (b) If the limited liability company or foreign limited 615 separate notice of resignation for the inactive or dissolved
587 liability company has been inactive or dissolved for 10 years or 616 limited liability companies or foreign limited liability
588 longer, the date of the inactivity or the date of the 617 companies, using the current mailing address of the respective
589 dissolution. 618 companies as they appear in the records of the department.
590 (2) If a registered agent is resigning from one or more 619 Section 10. Present subsections (2) through (5) of section
591 limited liability companies or foreign limited liability 620 607.0503, Florida Statutes, are redesignated as subsections (3)
592 companies that each have been inactive or dissolved for at least 621 through (6), respectively, a new subsection (2) is added to that
593 10 years or longer, the registered agent may elect to file the 622 section, and subsection (1) and present subsection (2) of that
594 statement of resignation separately for each inactive or 623 section are amended, to read:
595 dissolved limited liability company or foreign limited liability 624 607.0503 Resignation of registered agent.—
596 company or may elect to file a single composite statement of 625 (1) A registered agent may resign as agent for an active a
597 resignation covering two or more limited liability companies or 626 corporation, an inactive corporation, or for one or more
598 foreign limited liability companies. Such composite statement of 627 inactive corporations that have been inactive for 10 years or
599 resignation must set forth, for each inactive or dissolved 628 longer by delivering to the department for filing a signed
600 limited liability company or foreign limited liability company 629 statement of resignation. The statement of resignation must
601 covered by the statement of resignation, the name of each 630 contain: containing
602 limited liability company or foreign limited liability company 631 (a) The name of the corporation; and
603 and each limited liability company’s or foreign limited 632 (b) The date of the inactivity or the date of the
604 liability company’s date of dissolution or date of inactivity. 633 dissolution, if the corporation has been inactive or dissolved
605 (3) After delivering the statement of resignation to the 634 for 10 years or longer.
606 department for filing, the registered agent must promptly mail: 635 (2) If a registered agent is resigning from one or more
607 (a) A copy of the statement to the limited liability 636 corporations that each have been inactive or dissolved for 10
608 company’s or foreign limited liability company’s current mailing 637 years or longer, the registered agent may elect to file the
609 address as it appears in the records of the department, if the 638 statement of resignation separately for each inactive or
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639 dissolved corporation or may elect to file a single composite 668 dissolved for 10 years or longer. The statement of resignation
640 statement of resignation covering two or more corporations. Such 669 must contain: containing
641 composite statement of resignation must set forth, for each 670 (a) The name of the foreign corporation; and
642 inactive or dissolved corporation covered by the statement of 671 (b) If the foreign corporation has been inactive or
643 resignation, the name of each corporation and each corporation’s 672 dissolved for 10 years or longer, the date that the foreign
644 date of dissolution or date of inactivity. 673 corporation became inactive or the date of dissolution.
645 (3)(2) After delivering the statement of resignation to the 674 (2) A registered agent resigning from more than one foreign
646 department for filing, the registered agent must promptly mail: 675 corporation may elect to file the statement of resignation
647 (a) A copy to the corporation at its current mailing 676 separately for each inactive or dissolved foreign corporation or
648 address as it appears in the records of the department, if the 677 may elect to file a single composite statement of resignation
649 registered agent is resigning from one corporation; or 678 covering two or more foreign corporations. Such composite
650 (b) If the registered agent is resigning from more than one 679 statement of resignation must set forth, for each inactive or
651 corporation, a copy of either the composite statement of 680 dissolved foreign corporation covered by the statement of
652 resignation or a separate notice of resignation for the inactive 681 resignation, the name of the corporation and the date of
653 or dissolved corporation to the current mailing address of the 682 inactivity or date of dissolution of the foreign corporation.
654 respective corporation as it appears in the records of the 683 (3)(2) After delivering the statement of resignation to the
655 department. 684 department for filing, the registered agent must promptly mail:
656 Section 11. Present subsections (2) through (5) of section 685 (a) A copy to the foreign corporation at its current
657 607.1509, Florida Statutes, are redesignated as subsections (3) 686 mailing address as it appears in the records of the department,
658 through (6), respectively, a new subsection (2) is added to that 687 if the registered agent is resigning from one foreign
659 section, and subsection (1) and present subsection (2) of that 688 corporation; or
660 section are amended, to read: 689 (b) If the registered agent is resigning from more than one
661 607.1509 Resignation of registered agent of foreign 690 foreign corporation, a copy of either the composite statement of
662 corporation.— 691 resignation or a separate notice of resignation for the inactive
663 (1) A registered agent may resign as agent for a foreign 692 or dissolved corporations to the current mailing address as it
664 corporation by delivering to the department for filing a signed 693 appears in the records of the department.
665 statement of resignation for an active foreign corporation, an 694 Section 12. Present subsections (3), (4), and (5) of
666 inactive foreign corporation, or for one or more inactive or 695 section 617.0502, Florida Statutes, are redesignated as
667 dissolved foreign corporations that have each been inactive or 696 subsections (5), (6), and (7), respectively, new subsections
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697 (3), (4), and (5) are added to that section, and subsection (2) 726 registered agent is resigning from one corporation; or
698 of that section is amended, to read: 727 (b) A copy of either the composite statement of resignation
699 617.0502 Change of registered office or registered agent; 728 or a separate notice of resignation for the inactive or
700 resignation of registered agent.— 729 dissolved corporation to the current mailing address of the
701 (2) A Any registered agent may resign his or her agency 730 respective corporation as it appears in the records of the
702 appointment by signing and delivering for filing with the 731 department if the registered agent is resigning from more than
703 Department of State a statement of resignation for an active 732 one corporation and mailing a copy of such statement to the
704 corporation or an inactive corporation, or for one or more 733 corporation at its principal office address shown in its most
705 inactive or dissolved corporations that have been inactive or 734 recent annual report or, if none, filed in the articles of
706 dissolved for 10 years or longer. The statement of resignation 735 incorporation or other most recently filed document. The
707 must contain: 736 statement of resignation shall state that a copy of such
708 (a) The name of the corporation; and 737 statement has been mailed to the corporation at the address so
709 (b) The date of the inactivity or date of the dissolution, 738 stated.
710 if the corporation has been inactive or dissolved for 10 years 739 (5) The agency is terminated as of the 31st day after the
711 or longer. 740 date on which the statement was filed and unless otherwise
712 (3) If a registered agent is resigning from one or more 741 provided in the statement, termination of the agency acts as a
713 corporations that have each been inactive or dissolved for 10 742 termination of the registered office.
714 years or longer, the registered agent may elect to file the 743 Section 13. Present subsections (2) and (3) of section
715 statement of resignation separately for each inactive or 744 620.1116, Florida Statutes, are redesignated as subsections (3)
716 dissolved corporation or may elect to file a single composite 745 and (4), respectively, a new subsection (2) is added to that
717 statement of resignation covering two or more corporations. Such 746 section, and subsection (1) and present subsection (2) are
718 composite statement of resignation must set forth, for each 747 amended, to read:
719 inactive or dissolved corporation covered by the statement of 748 620.1116 Resignation of registered agent.—
720 resignation, the respective name of the corporation and the date 749 (1) In order to resign as registered agent of a limited
721 of dissolution or date of inactivity of the corporation. 750 partnership or foreign limited partnership, the agent must
722 (4) After delivering the statement of resignation to the 751 deliver to the Department of State for filing a signed statement
723 department for filing, the registered agent must promptly mail: 752 of resignation for an active limited partnership or foreign
724 (a) A copy to the corporation at its current mailing 753 limited partnership, or more than one inactive or dissolved
725 address as it appears in the records of the department, if the 754 limited partnership or foreign limited partnership that have
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755 been inactive or dissolved for 10 years or longer containing the 784 or a separate notice of resignation for the inactive or
756 following: 785 dissolved limited partnership or foreign limited partnership, to
757 (a) The name of the limited partnership or foreign limited 786 the current mailing address of the respective limited
758 partnership; and 787 partnership or foreign limited partnership as it appears in the
759 (b) The date that the limited partnership or foreign 788 records of the department if the registered agent is resigning
760 limited partnership became inactive or the date of dissolution, 789 from more than one limited partnership or foreign limited
761 if the limited partnership or foreign limited partnership has 790 partnership.
762 been inactive or dissolved for 10 years or longer. 791 Section 14. Subsection (9) of section 605.0213, Florida
763 (2) If a registered agent is resigning from more than one 792 Statutes, is amended to read:
764 limited partnership or foreign limited partnership that each 793 605.0213 Fees of the department.—The fees of the department
765 have been inactive or dissolved for 10 years or longer, the 794 under this chapter are as follows:
766 registered agent may elect to file the statement of resignation 795 (9) For filing a registered agent’s statement of
767 separately for each inactive or dissolved limited partnership or 796 resignation from inactive or a dissolved limited liability
768 foreign limited partnership or may elect to file a single 797 companies company, $25.
769 composite statement of resignation covering two or more limited 798 Section 15. Subsection (7) of section 607.0122, Florida
770 partnerships or foreign limited partnerships. Such composite 799 Statutes, is amended to read:
771 statement of resignation must, for each inactive or dissolved 800 607.0122 Fees for filing documents and issuing
772 limited partnership or foreign limited partnership, set forth 801 certificates.—The department shall collect the following fees
773 the respective name of the limited partnership or foreign 802 when the documents described in this section are delivered to
774 limited partnership and the date of dissolution or the date that 803 the department for filing:
775 the limited partnership or foreign limited partnership became 804 (7) Agent’s statement of resignation from inactive
776 inactive. 805 corporations an inactive corporation: $35.
777 (3)(2) After filing the statement with the Department of 806 Section 16. Subsection (7) of section 617.0122, Florida
778 State, the registered agent shall mail: 807 Statutes, is amended to read:
779 (a) A copy to the limited partnership’s or foreign limited 808 617.0122 Fees for filing documents and issuing
780 partnership’s current mailing address as it appears in the 809 certificates.—The Department of State shall collect the
781 records of the department, if the registered agent is resigning 810 following fees on documents delivered to the department for
782 from one limited partnership or foreign limited partnership; or 811 filing:
783 (b) A copy of either the composite statement of resignation 812 (7) Agent’s statement of resignation from inactive
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813 corporations corporation: $35. 842 not a prior or delayed effective date, on the date the record is
814 843 accepted, as evidenced by the department’s endorsement, and at
815 Any citizen support organization that is required by rule of the 844 the time specified in the filing.
816 Department of Environmental Protection to be formed as a 845 (3) If the record filed specifies a delayed effective date,
817 nonprofit organization and is under contract with the department 846 but not an effective time, at 12:01 a.m. on the earlier of:
818 is exempt from any fees required for incorporation as a 847 (a) The specified date; or
819 nonprofit organization, and the Secretary of State may not 848 (b) The 90th day after the record is filed.
820 assess any such fees if the citizen support organization is 849 (4) If the record filed specifies a delayed effective date
821 certified by the Department of Environmental Protection to the 850 and an effective time, at the specified time on or the earlier
822 Secretary of State as being under contract with the Department 851 of:
823 of Environmental Protection. 852 (a) The specified date; or
824 Section 17. For the purpose of incorporating the amendments 853 (b) The 90th day after the record is filed.
825 made by this act to section 605.0115, Florida Statutes, in a 854 (5) If the record filed is the initial articles of
826 reference thereto, section 605.0207, Florida Statutes, is 855 organization and specifies an effective date before the date of
827 reenacted to read: 856 the filing, but no effective time, at 12:01 a.m. on the later
828 605.0207 Effective date and time.—Except as otherwise 857 of:
829 provided in s. 605.0208, and subject to s. 605.0209(3), any 858 (a) The specified date; or
830 document delivered to the department for filing under this 859 (b) The 5th business day before the record is filed.
831 chapter may specify an effective time and a delayed effective 860 (6) If the record filed is the initial articles of
832 date. In the case of initial articles of organization, a prior 861 organization and specifies an effective time and an effective
833 effective date may be specified in the articles of organization 862 date before the date of the filing, at the specified time on the
834 if such date is within 5 business days before the date of 863 later of:
835 filing. Subject to ss. 605.0114, 605.0115, 605.0208, and 864 (a) The specified date; or
836 605.0209, a record filed by the department is effective: 865 (b) The 5th business day before the record is filed.
837 (1) If the record filed does not specify an effective time 866 (7) If the record filed does not specify the time zone or
838 and does not specify a prior or a delayed effective date, on the 867 place at which the date or time, or both, is to be determined,
839 date and at the time the record is accepted as evidenced by the 868 the date or time, or both, at which it becomes effective shall
840 department’s endorsement of the date and time on the filing. 869 be those prevailing at the place of filing in this state.
841 (2) If the record filed specifies an effective time, but 870 Section 18. For the purpose of incorporating the amendments
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871 made by this act to section 605.0115, Florida Statutes, in a 900 process, notice, or demand pertaining to the corporation which
872 reference thereto, paragraph (b) of subsection (3) of section 901 is served on or received by the registered agent; and
873 605.0113, Florida Statutes, is reenacted to read: 902 (b) If the registered agent resigns, to provide the notice
874 605.0113 Registered agent.— 903 required under s. 607.0503 to the corporation at the address
875 (3) The duties of a registered agent are as follows: 904 most recently supplied to the registered agent by the
876 (b) If the registered agent resigns, to provide the notice 905 corporation.
877 required under s. 605.0115(2) to the company or foreign limited 906 Section 21. For the purpose of incorporating the amendments
878 liability company at the address most recently supplied to the 907 made by this act to sections 605.0213 and 607.0122, Florida
879 agent by the company or foreign limited liability company. 908 Statutes, in references thereto, paragraph (b) of subsection (2)
880 Section 19. For the purpose of incorporating the amendment 909 of section 607.193, Florida Statutes, is reenacted to read:
881 made by this act to section 607.0122, Florida Statutes, in a 910 607.193 Supplemental corporate fee.—
882 reference thereto, subsection (1) of section 658.23, Florida 911 (2)
883 Statutes, is reenacted to read: 912 (b) In addition to the fees levied under ss. 605.0213,
884 658.23 Submission of articles of incorporation; contents; 913 607.0122, and 620.1109 and the supplemental corporate fee, a
885 form; approval; filing; commencement of corporate existence; 914 late charge of $400 shall be imposed if the supplemental
886 bylaws.— 915 corporate fee is remitted after May 1 except in circumstances in
887 (1) Within 3 months after approval by the office and the 916 which a business entity was administratively dissolved or its
888 appropriate federal regulatory agency, the applicant shall 917 certificate of authority was revoked due to its failure to file
889 submit its duly executed articles of incorporation to the 918 an annual report and the entity subsequently applied for
890 office, together with the filing fee due the Department of State 919 reinstatement and paid the applicable reinstatement fee.
891 under s. 607.0122. 920 Section 22. For the purpose of incorporating the amendment
892 Section 20. For the purpose of incorporating the amendment 921 made by this act to section 607.1509, Florida Statutes, in a
893 made by this act to section 607.0503, Florida Statutes, in a 922 reference thereto, subsection (9) of section 607.0120, Florida
894 reference thereto, subsection (4) of section 607.0501, Florida 923 Statutes, is reenacted to read:
895 Statutes, is reenacted to read: 924 607.0120 Filing requirements.—
896 607.0501 Registered office and registered agent.— 925 (9) The document must be delivered to the office of the
897 (4) The duties of a registered agent are: 926 department for filing. Delivery may be made by electronic
898 (a) To forward to the corporation at the address most 927 transmission if and to the extent permitted by the department.
899 recently supplied to the registered agent by the corporation, a 928 If it is filed in typewritten or printed form and not
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929 transmitted electronically, the department may require one exact 958 chapter 617. The direct-support organization shall be exempt
930 or conformed copy, to be delivered with the document, except as 959 from paying fees under s. 617.0122.
931 provided in s. 607.1509. 960 Section 25. For the purpose of incorporating the amendment
932 Section 23. For the purpose of incorporating the amendment 961 made by this act to section 617.0122, Florida Statutes, in a
933 made by this act to section 607.1509, Florida Statutes, 962 reference thereto, paragraph (a) of subsection (2) of section
934 subsection (4) of section 607.1507, Florida Statutes, is 963 252.71, Florida Statutes, is reenacted to read:
935 reenacted to read: 964 252.71 Florida Emergency Management Assistance Foundation.—
936 607.1507 Registered office and registered agent of foreign 965 (2) The foundation is hereby created as a direct-support
937 corporation.— 966 organization of the division to provide assistance, funding, and
938 (4) The duties of a registered agent are as follows: 967 support to the division in its disaster response, recovery, and
939 (a) To forward to the foreign corporation at the address 968 relief efforts for natural emergencies.
940 most recently supplied to the registered agent by the foreign 969 (a) The foundation must be an organization that is a
941 corporation, a process, notice, or demand pertaining to the 970 Florida nonprofit corporation incorporated under chapter 617,
942 foreign corporation which is served on or received by the 971 approved by the Department of State, and recognized under s.
943 registered agent; and 972 501(c)(3) of the Internal Revenue Code. The foundation is exempt
944 (b) If the registered agent resigns, to provide the notice 973 from paying fees under s. 617.0122.
945 required under s. 607.1509 to the foreign corporation at the 974 Section 26. For the purpose of incorporating the amendment
946 address most recently supplied to the registered agent by the 975 made by this act to section 617.0122, Florida Statutes, in a
947 foreign corporation. 976 reference thereto, paragraph (a) of subsection (6) of section
948 Section 24. For the purpose of incorporating the amendment 977 288.012, Florida Statutes, is reenacted to read:
949 made by this act to section 617.0122, Florida Statutes, in a 978 288.012 State of Florida international offices; direct-
950 reference thereto, paragraph (a) of subsection (1) of section 979 support organization.—The Legislature finds that the expansion
951 39.8298, Florida Statutes, is reenacted to read: 980 of international trade and tourism is vital to the overall
952 39.8298 Guardian Ad Litem direct-support organization.— 981 health and growth of the economy of this state. This expansion
953 (1) AUTHORITY.—The Statewide Guardian Ad Litem Office 982 is hampered by the lack of technical and business assistance,
954 created under s. 39.8296 is authorized to create a direct- 983 financial assistance, and information services for businesses in
955 support organization. 984 this state. The Legislature finds that these businesses could be
956 (a) The direct-support organization must be a Florida 985 assisted by providing these services at State of Florida
957 corporation not for profit, incorporated under the provisions of 986 international offices. The Legislature further finds that the
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987 accessibility and provision of services at these offices can be 1016 due the state by the petitioning corporation, if any, issue a
988 enhanced through cooperative agreements or strategic alliances 1017 certificate showing the receipt of the articles of incorporation
989 between private businesses and state, local, and international 1018 with the endorsement of approval thereon and of the payment of
990 governmental entities. 1019 all taxes to the state. Upon payment of the filing fees
991 (6)(a) The department shall establish and contract with a 1020 specified in s. 617.0122, the Department of State shall file the
992 direct-support organization, organized as a nonprofit under 1021 articles of incorporation, and from thenceforth the petitioning
993 chapter 617 and recognized under s. 501(c)(3) of the Internal 1022 corporation shall become a corporation not for profit under the
994 Revenue Code, to carry out the provisions of this section; 1023 name adopted in the articles of incorporation and subject to all
995 assist with the coordination of international trade development 1024 the rights, powers, immunities, duties, and liabilities of
996 efforts; and assist in development and planning related to 1025 corporations not for profit under state law, and its rights,
997 foreign investment, international partnerships, and other 1026 powers, immunities, duties, and liabilities as a corporation for
998 international business and trade development. The organization 1027 profit shall cease and determine.
999 is exempt from paying fees under s. 617.0122. 1028 Section 28. For the purpose of incorporating the amendment
1000 Section 27. For the purpose of incorporating the amendment 1029 made by this act to section 617.0122, Florida Statutes, in a
1001 made by this act to section 617.0122, Florida Statutes, in a 1030 reference thereto, subsection (4) of section 617.2006, Florida
1002 reference thereto, section 617.1807, Florida Statutes, is 1031 Statutes, is reenacted to read:
1003 reenacted to read: 1032 617.2006 Incorporation of labor unions or bodies.—Any group
1004 617.1807 Conversion to corporation not for profit; 1033 or combination of groups of workers or wage earners, bearing the
1005 authority of circuit judge.—If the circuit judge to whom the 1034 name labor, organized labor, federation of labor, brotherhood of
1006 petition and proposed articles of incorporation are presented 1035 labor, union labor, union labor committee, trade union, trades
1007 finds that the petition and proposed articles are in proper 1036 union, union labor council, building trades council, building
1008 form, he or she shall approve the articles of incorporation and 1037 trades union, allied trades union, central labor body, central
1009 endorse his or her approval thereon; such approval shall provide 1038 labor union, federated trades council, local union, state union,
1010 that all of the property of the petitioning corporation shall 1039 national union, international union, district labor council,
1011 become the property of the successor corporation not for profit, 1040 district labor union, American Federation of Labor, Florida
1012 subject to all indebtedness and liabilities of the petitioning 1041 Federation of Labor, or any component parts or significant words
1013 corporation. The articles of incorporation with such 1042 of such terms, whether the same be used in juxtaposition or with
1014 endorsements thereupon shall be sent to the Department of State, 1043 interspace, may be incorporated under this act.
1015 which shall, upon receipt thereof and upon payment of all taxes 1044 (4) Upon the filing of the articles of incorporation and
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1045 the petition, and the giving of such notice, the circuit judge 1074 her being designated. Such statement of acceptance shall state
1046 to whom such petition may be addressed shall, upon the date 1075 that the registered agent is familiar with, and accepts, the
1047 stated in such notice, take testimony and inquire into the 1076 obligations of that position.
1048 admissions and purposes of such organization and the necessity 1077 Section 30. For the purpose of incorporating the amendment
1049 therefor, and upon such hearing, if the circuit judge shall be 1078 made by this act to section 617.0502, Florida Statutes, in a
1050 satisfied that the allegations set forth in the petition and 1079 reference thereto, paragraph (a) of subsection (1) of section
1051 articles of incorporation have been substantiated, and shall 1080 617.0503, Florida Statutes, is reenacted to read:
1052 find that such organization will not be harmful to the community 1081 617.0503 Registered agent; duties; confidentiality of
1053 in which it proposes to operate, or to the state, and that it is 1082 investigation records.—
1054 intended in good faith to carry out the purposes and objects set 1083 (1)(a) Each corporation, foreign corporation, or alien
1055 forth in the articles of incorporation, and that there is a 1084 business organization that owns real property located in this
1056 necessity therefor, the judge shall approve the articles of 1085 state, that owns a mortgage on real property located in this
1057 incorporation and endorse his or her approval thereon. Upon the 1086 state, or that transacts business in this state shall have and
1058 filing of the articles of incorporation with its endorsements 1087 continuously maintain in this state a registered office and a
1059 thereupon with the Department of State and payment of the filing 1088 registered agent and shall file with the Department of State
1060 fees specified in s. 617.0122, the subscribers and their 1089 notice of the registered office and registered agent as provided
1061 associates and successors shall be a corporation by the name 1090 in ss. 617.0501 and 617.0502. The appointment of a registered
1062 given. 1091 agent in compliance with s. 617.0501 or s. 617.0502 is
1063 Section 29. For the purpose of incorporating the amendment 1092 sufficient for purposes of this section if the registered agent
1064 made by this act to section 617.0502, Florida Statutes, in a 1093 so appointed files, in the form and manner prescribed by the
1065 reference thereto, subsection (3) of section 617.0501, Florida 1094 Department of State, an acceptance of the obligations provided
1066 Statutes, is reenacted to read: 1095 for in this section.
1067 617.0501 Registered office and registered agent.— 1096 Section 31. This act shall take effect July 1, 2024.
1068 (3) A registered agent appointed pursuant to this section
1069 or a successor registered agent appointed pursuant to s.
1070 617.0502 on whom process may be served shall each file a
1071 statement in writing with the Department of State, in such form
1072 and manner as shall be prescribed by the department, accepting
1073 the appointment as a registered agent simultaneously with his or
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The Florida Senate
rl aal:r APPEARANCE RECORD sB ll g
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Co^ ft\etgz- Senate professional staff conducting the meeting
Committee " Amendment Barcode (if applicable)
Name SA,lor! CoU,", Phone tso - s6l --566O
Address
Street
6.=1 6, ct!tlor*"' SverI Emair
City
fc.\ol"a{,l<,€
State
7t- 3r3qq
Zip
Speaking: f] ror I Against ! lnformation OR waive Speaking ln Support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lt', urn appearing without lam a registered lobbyist, I am not a lobbyist, but received
f\ cornp"nr.tion or sponsorship. representing: something of value for my appearance
(travel, meals, lodging, etc.),
sponsoredbv:
fi\. Bosicsr, La-r, Scc\'a,o,- e,[ {tq -flor,ila. 8.,t^
This form is part of the public record for this meeting. s-001 (o8/1012o2't)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1218
INTRODUCER: Senator Burgess
SUBJECT: Broadband
DATE: January 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schrader Imhof RI Favorable
2. Renner McKay CM Favorable
3. RC
I. Summary:
SB 1218 amends s. 288.9963, F.S., regarding a promotional pole attachment rate required to be
offered by municipal utilities to broadband providers to provide broadband service to unserved
or underserved areas. The bill extends the date through which municipal electric utilities are
required to offer to broadband providers a promotional $1 per pole, per year, wireline attachment
rate for any new pole attachments necessary to make broadband service available to an unserved
or underserved end user within a municipal electric utility service territory. The date is extended
from July 1, 2024 to December 31, 2028.
The Revenue Estimating Conference has not reviewed SB 1218. Staff estimates an indeterminate
impact to municipal utility revenue.
The bill takes effect upon becoming a law.
II. Present Situation:
Florida Public Service Commission
The Florida Public Service Commission (PSC) is an arm of the legislative branch of
government.1 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, affordable, and
reliable manner.2 In order to do so, the PSC exercises authority over public utilities3 in one or
1
Section 350.001, F.S.
2
See Florida Public Service Commission, Florida Public Service Commission Homepage, http://www.psc.state.fl.us (last
visited Jan. 22, 2024).
3
Under s. 366.02(8), F.S., a “public utility” is defined “as every person, corporation, partnership, association, or other legal
entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous
substance) to or for the public within this state.” There are, however, several exceptions to this definition, which include, “a
BILL: SB 1218 Page 2
more of the following areas: rate base or economic regulation; competitive market oversight; and
monitoring of safety, reliability, and service issues.4 PSC authority over municipal utilities is
more limited, however.
Electric Utilities
The PSC monitors the safety and reliability of the electric power grid5 and may order the
addition or repair of infrastructure as necessary.6 The PSC has broad jurisdiction over the rates
and service of investor-owned electric.7 However, the PSC does not fully regulate municipal
electric utilities (utilities owned or operated on behalf of a municipality) or rural electric
cooperatives. The PSC has jurisdiction over these types of utilities with regard to rate structure,
territorial boundaries, bulk power supply operations, and planning.8 Municipally-owned or
operated utility rates and revenues are regulated by their respective local governments or local
utility boards. Rates and revenues for a cooperative utility are regulated by the governing body
elected by the cooperative’s membership.
Municipal Electric and Gas Utilities, and Special Gas Districts, in Florida
A municipal electric or gas utility is an electric or gas utility owned and operated by a unit of
local government. Chapter 366, F.S., provides the majority of electric and gas utility regulations
for Florida. While ch. 366, F.S., does not provide a definition, per se, for a “municipal utility,”
variations of this terminology and the concept of these types of utilities appears throughout the
chapter. Currently, Florida has 33 municipal electric utilities that serve over 14 percent of the
state’s electric utility customers.9 Florida also has 27 municipally-owned gas utilities and four
special gas districts.10
Regulation of Pole Attachments
Utility poles were first deployed in the U.S. in 1844 to extend telegraph service. While they have
been in use for over 175 years, utility poles continue to provide the scaffolding for the
technology of the twenty-first century. In the mid-nineteenth and early twentieth centuries, many
states adopted laws granting rights-of-way (ROW) to construct utility poles, wires, and facilities
to transmit electricity and communications signals. First telegraph, then telephone, electricity,
cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or
any agency thereof; [and] any dependent or independent special natural gas district.” Generally, “public utility” means
investor-owned utilities.
4
Florida Public Service Commission, About the PSC, https://www.psc.state.fl.us/about (last visited Jan. 22, 2024).
5
Section 366.04(5) and (6), F.S.
6
Section 366.05(1) and (8), F.S.
7
Section 366.05, F.S.
8
Florida Public Service Commission, About the PSC, supra note 4.
9
Florida Municipal Electric Association, About Us, https://www.flpublicpower.com/about-us (last visited Jan. 22, 2024).
10
Florida Public Service Commission, 2023 Facts and Figures of the Florida Utility Industry, pg. 13, Apr. 2023 (available
at: https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/General/FactsAndFigures/April%202023.pdf) (last visited Jan. 22, 2024). A “special gas
district” is a dependent or independent special district, setup pursuant to ch. 189, F.S., to provide natural gas service. Section
189.012(6), F.S., defines a “special district” as “a unit of local government created for a special purpose, as opposed to a
general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special
act, local ordinance, or by rule of the Governor and Cabinet.”
BILL: SB 1218 Page 3
cable, wireless, and Internet service providers have sought to attach facilities to wooden, and
later steel or composite, utility poles.11
The term “pole attachment” refers to the process by which communications companies colocate
communications infrastructure on existing electric utility poles. Colocation reduces the number
of poles that must be built to accommodate utility services, thereby reducing costs to users of
both services by allowing providers to share costs. Rules governing pole attachments seek to
balance the desire to maximize value for users of both electric and communications services with
concerns unique to electric utility poles, such as safety and reliability.12 The space requested for a
pole attachment is typically one foot.13
Pole attachments were originally established by mutual agreement. Later, such agreements were
regulated by federal statute and administrative regulations. Pole attachments provide non-pole-
owning cable and telecommunication service providers (such as cable television providers and
local exchange carriers) with access to a pole-owning utility’s distribution poles, conduits, and
right-of-way for:
Installing fiber, coaxial cable or wires, and other equipment;
Building an interconnected network; and
Reaching customers.14
In 1978, Congress passed the “Pole Attachment Act,” which added s. 224 to the
Communications Act of 1934, to require the Federal Communications Commission (FCC) to
establish rates, terms, and conditions for pole attachments for the cable television industry.15
The “Telecommunications Act of 1996,” which amended 47 U.S.C. s. 244 to add provisions
making access to utility poles mandatory for telecommunications services providers and
providing for nondiscriminatory access—unless there is insufficient capacity and for reasons of
safety, reliability, and generally applicable engineering purposes.16 Municipal owned electric
utilities and rural electric cooperatives are exempt from the provisions of 47 U.S.C. s. 224.17
Specifically, the term “utility” is defined as:
[A]ny person who is a local exchange carrier or an electric, gas, water, steam,
or other public utility, and who owns or controls poles, ducts, conduits, or
rights-of-way used, in whole or in part, for any wire communications. Such
11
Catherine J.K. Sandoval, Contested Places, Utility Pole Spaces: A Competition and Safety Framework for Analyzing Utility
Pole Association Rules, Roles, and Risks, 69 Cath. U. L. Rev. 473, 474–75 (2020), available at
https://scholarship.law.edu/cgi/viewcontent.cgi?article=3552&context=lawreview (last visited Jan. 22, 2024).
12
American Public Power Association, Issue Brief: Preserving the Municipal Exemption from Federal Pole Attachment
Regulations (Jan. 2021), available at https://www.publicpower.org/policy/preserving-municipal-exemption-federal-pole-
attachment-regulations (last visited Jan. 22, 2024).
13
Evari GIS Consulting, Joint Use Pole Audit, available at https://www.evarigisconsulting.com/joint-use-pole-audit (last
visited Jan. 22, 2024).
14
Id.
15
Pub. L. No. 95-234, codified at 47 U.S.C. s. 224.
16
Pub. L. No. 104-104, codified at 47 U.S.C. s. 224(f).
17
47 U.S.C. s. 224(a)(1).
BILL: SB 1218 Page 4
term does not include any railroad, any person who is cooperatively
organized, or any person owned by the Federal Government or any State.18
A state, however, can assume regulation of pole attachment through a process known as “reverse
preemption.” This requires a state to expressly assert jurisdiction through state legislation,
followed by certifying to the FCC that “in so regulating such rates, terms, and conditions, the
state has the authority to consider and does consider the interests of the subscribers of the
services offered via such attachments, as well as the interests of the consumers of the utility
services.”19 As of June 13, 2022, 23 states and the District of Columbia have reverse preemption,
including Florida.20
Florida assumed regulation of pole attachments for poles owned by a public utility from the FCC
after the passage and enactment of SB 1944 in 2021, placing the authority to regulate pole
attachments under the PSC.21 In 2023, with the passage and enactment of HB 1221, this authority
was expanded to the regulation of attachment to poles owned by rural electric cooperatives
engaged in the provision of broadband services.22 Presently, s. 366.04(8), F.S., regulates pole
attachments for public utilities and such rural electric cooperatives.23 The PSC does not,
however, regulate pole attachments for poles owned by municipal utilities.
Broadband Availability in Rural Areas
Much like with rural electricity distribution, the primary challenge in deploying broadband in
rural areas is one of population density. The U.S. Department of Transportation estimates that
the average cost of laying fiber is $27,000 per mile.24 Many rural areas are remote and have
geographically dispersed populations, thus more fiber per customer must be laid to serve them.
Moreover, rural areas often have harsher terrain than urban areas—such as mountain ranges or
ground that is frozen for substantial portions of the year. These features can make it more
difficult and costly to serve such areas with fiber.25 Cable networks can also face similar density
and terrain issues.
While rural customers still lag behind urban counterparts, the difference in broadband access
between these areas is at its lowest ever. In 2015, reflecting advances in technology, the FCC
raised benchmark speeds to be considered broadband service to 25 megabits per second (Mbps)
18
Id.
19
47 U.S.C. s. 224(c)(2).
20
Federal Communications Commission, Public Notice: States That Have Certified That They Regulate Pole Attachments,
June 13, 2022, available at https://www.fcc.gov/document/states-have-certified-they-regulate-pole-attachments-3 (last visited
Jan. 22, 2024).
21
Chapter 2021-191, Laws of Fla.
22
Chapter 2023-199, Laws of Fla.
23
Section 364.391, F.S., provides that if a rural electric cooperative engages in the provision of broadband, all poles owned
by that cooperative are subject to regulation under s. 366.04(8), F.S., on the same basis as if such cooperative were a public
utility under that subsection. Sections 366.04(9) and 366.97, F.S., also provide pole attachment regulations relating to poles
owned by public utilities.
24
Congressional Research Service, Raising the Minimum Fixed Broadband Speed Benchmark:
Background and Selected Issues, July 12, 2021, available at https://crsreports.congress.gov/product/pdf/IF/IF11875/2 (last
visited Jan. 22, 2024).
25
Id.
BILL: SB 1218 Page 5
for downloads and 3 Mbps for uploads (25/3 Mbps service).26 Under this benchmark, the FCC
reported that 53 percent of people living in U.S. rural areas lacked access to broadband—as
compared to just 8 percent of persons living in U.S. urban areas lacking such access. By 2021,
the gap for 25/3 Mbps service with at least one provider had essentially vanished.27 Rural areas
still were behind their urban counterparts in choice however; 91 percent of rural customers had
access to three or more providers, versus 99 percent of urban customers.28
In 2021, the FCC considered increasing their standard for broadband to 100 Mbps of download
and 10 Mbps of upload speed (100/10 Mbps service), but ultimately rejected the change given
concerns about whether enough providers could meet such a standard.29
Florida Office of Broadband
Section 288.9961, F.S., establishes the Florida Office of Broadband within the Division of
Community Development within the Florida Department of Commerce (DCM).30 The Office of
Broadband “works with local and state government agencies, community organizations and
private businesses to increase the availability and effectiveness of broadband internet throughout
the state, specifically in small and rural communities.”31
State and Federal Broadband Growth Programs
Connect America Fund
One of the earliest and most significant federal broadband programs is the Connect America
Fund, which is part of the FCC’s Universal Service Fund (USF). Started in 2011, the purpose of
the fund is to provide subsidies to telecommunications companies to expand telecommunications
infrastructure in rural and remote areas of the United States.32 The Connect America Fund is a
“high-cost” program, meaning that it is designed to ensure that consumers in rural, insular, and
high cost areas have access to modern telecommunications networks and that services through
those networks, like voice and broadband, are available at a cost comparable to that in more
developed urban areas.33 The Connect America Fund is the largest of the USF’s programs, and
has an annual budget of $4.5 billion.34
26
Federal Communications Commission, Wireline: 2015 Broadband Progress Report, Feb. 14, 2015, available at
https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2015-broadband-progress-report (last visited Jan
22, 2024).
27
USA Facts, How Many Americans have Broadband Internet Access, Oct. 5, 2023, available at
https://usafacts.org/articles/how-many-americans-have-broadband-internet-access/#footnote-3 (last visited Jan. 22, 2024).
28
Id.
29
Id.
30
Section 288.9963, F.S., actually states that the Florida Office of Broadband is created within the Division of Community
Development, however, HB 5 from 2023 (enacted as Chapter 2023-173, L.O.F.), changed the name of the Department of
Economic Opportunity to the Department of Commerce.
31
Florida Department of Commerce, Office of Broadband, https://www.floridajobs.org/community-planning-and-
development/broadband/office-of-broadband (last visited Jan. 22, 2024).
32
Federal Communications Commission, Universal Service Monitoring Report, Feb. 13, 2023, available at
https://www.fcc.gov/general/federal-state-joint-board-monitoring-reports (last visited Jan. 22, 2024).
33
Federal Communications Commission, Universal Service for High Cost Areas-Connect America Fund, available at
https://www.fcc.gov/general/universal-service-high-cost-areas-connect-america-fund#releases (last visited Jan. 22, 2024).
34
Universal Service Administrative Co., Program Overview, available at https://www.usac.org/high-cost/program-overview/
(last visited Jan. 22, 2024).
BILL: SB 1218 Page 6
Broadband Technology Opportunities Program
The Broadband Technology Opportunities Program (BTOP) is a federal grant program
administered by the National Telecommunications and Information Administration (NTIA), part
of the U.S. Department of Commerce. The BTOP is funded by the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5), and has an annual budget of $4 billion. The purpose
of the program is to “bridge the technological divide” and BTOP projects include deploying
broadband Internet infrastructure, enhancing and expanding public computer centers, and
encouraging the sustainable adoption of broadband service.35
USDA Programs: ReConnect Program and the Rural Broadband Program
The United States Department of Agriculture (USDA) operates two programs aimed at
developing broadband in rural areas—the ReConnect Program and the Rural Broadband
Program. Though these programs both existed prior to 2021, the Infrastructure Investment and
Jobs Act (Public Law 117-58), signed into law on November 15, 2021, provided new funding for
both of these programs (and other broadband initiatives). The ReConnect Program received
$1.926 billion in funds for grants and loans and the Rural Broadband Program received $74
million in funds for loans. This new funding level, starting in 2022, exceeded the fiscal year
2021 levels by $1.291 billion (an increase of 203 percent) for the ReConnect Program and by
$72 million (an increase of 97 percent) for the Rural Broadband Program.36
The purpose of the ReConnect Program is to offer loans, grants, and loan-grant combinations to
facilitate broadband deployment in rural areas that currently do not have sufficient access to
broadband. The entities eligible to apply for the Reconnect Program include:
Corporations, limited liability companies, and limited liability partnerships;
State and local governments;
U.S. territories and possessions; and
Indian tribes, as defined in Section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. §450b).37
The purposes for which Reconnect grants may be used are:
Construction or improvement of facilities required to provide fixed terrestrial broadband
services;
Funding of reasonable pre-application expenses; and
Funding the acquisition of an existing telecommunications system that does not currently
provide sufficient access to broadband.38
35
National Telecommunications and Information Administration, Broadband Technology Opportunities Program, available
at https://ntia.gov/category/broadband-technology-opportunities-
program#:~:text=The%20Broadband%20Technology%20Opportunities%20Program,in%20communities%20across%20the%
20country (last visited Jan. 22, 2024).
36
Congressional Research Service, Infrastructure Investment and Jobs Act: Funding for USDA
Rural Broadband Programs, Nov. 19. 2021, available at https://crsreports.congress.gov/product/pdf/IF/IF11918) (last visited
Jan. 22, 2024).
37
United States Department of Agriculture, ReConnect Program, available at https://www.usda.gov/reconnect/program-
overview (last visited Jan. 22, 2024).
38
Id.
BILL: SB 1218 Page 7
The Rural Broadband Program offers funds to help construct, improve, or acquire facilities and
equipment needed to provide broadband to rural areas. The entities eligible to apply for the
program are:
Corporations;
Limited liability companies;
Cooperative or mutual organizations;
State and local governments; and
Indian tribes and tribal organizations.39
For the most recent years prior to 2021, Congress only appropriated funds to the Rural
Broadband Program for loans. However, with the increase in funding under the Infrastructure
Investment and Jobs Act, funding for grants and loan guarantees is also now available in the
program.40
While the USDA’s Reconnect and Rural programs are similar in their purpose, a key distinction
lies in the standards for eligible service areas. For the ReConnect Program, eligible service areas
are areas where at least 90 percent of households lack sufficient access to broadband with at least
100 Mbps download and 20 Mbps upload speed (100/20 Mbps service). For the Rural Broadband
Program, the standard for eligibility is if the area in question does not have at least 50 percent of
households with at least 25 Mbps download and 3 Mbps upload speed (25/3 Mbps service).
Florida Broadband Opportunity Program
In 2021, Florida enacted the Florida Broadband Deployment Act of 2021.41 As part of that act,
the Florida Broadband Opportunity Program (BOP) was established under s. 288.9962, F.S. BOP
is a competitive reimbursement program within the DCM.42 The purpose of the program is to
award grants to applicants who seek to expand broadband Internet service to unserved areas of
Florida. To operate the program, the Florida Legislature appropriated $400 million in federally
funded State and Local Fiscal Recovery Funds (SLFRF) to increase Floridians’ access to
reliable, affordable, and high-speed internet service.43
Promotional Rate for Broadband Pole Attachments to Municipal Electric-Owned Poles
Also as part of the Florida Broadband Deployment Act of 2021, s. 288.9963, F.S., was created to
increase the availability of broadband Internet access in areas where citizens do not have access
to acceptable Internet download and upload speeds, or any access at all.44 Section 288.9963(3),
F.S., requires that broadband providers must, beginning July 1, 2021, receive a promotional rate
of $1 per wireline attachment per pole per year for any new attachment necessary to make
39
United States Department of Agriculture, Rural Broadband Loans, Loan/Grant Combinations, and Loan Guarantees,
https://www.rd.usda.gov/programs-services/telecommunications-programs/rural-broadband-loans-loangrant-combinations-
and-loan-guarantees (last visited Jan. 22, 2024).
40
Congressional Research Service, Infrastructure Investment and Jobs Act: Funding for USDA
Rural Broadband Programs, supra note 36.
41
Chapter 2021-24, Laws of Fla.
42
Florida Department of Commerce, Broadband Opportunity Program, available at https://www.floridajobs.org/community-
planning-and-development/broadband/broadband-opportunity-program (last visited Jan. 22, 2024).
43
Id.
44
See s. 288.9963(1), F.S., which provides the Legislative intent for the section.
BILL: SB 1218 Page 8
broadband service available to an unserved45 or underserved46 end user within a municipal
electric utility service territory until July 1, 2024.
Broadband providers wishing to make wireline attachments subject to this promotional rate
must:47
Submit an application, including a route map, to the municipal electric utility specifying
which wireline attachments on which utility poles are necessary to extend broadband service
to unserved and underserved end users;
Include with this application the information necessary to identify which unserved or
underserved end users within the municipal electric utility’s service territory will gain access
to broadband service; and
Provide a copy of both of the above to the Florida Office of Broadband.
A broadband provider making a wireline attachment application under the promotional rate
pursuant to s. 288.9963, F.S., must make a reasonable effort to make broadband service available
to the unserved or underserved customers identified in the application. A provider who fails to do
so within 12 months may be required to pay the prevailing rate for those attachments that failed
to make broadband service available to the intended customers to the municipal electric utility.
All wireline attachments made pursuant to s. 288.9963, F.S., must comply with safety and
reliability standards.48 If a municipal electric utility is required to replace a utility pole due to a
pole attachment under the section, the utility may require, as a condition to said attachment, that
“the broadband provider reimburse all reasonable and nondiscriminatory costs attributable solely
to the new attachment”—minus any positive salvage value of the removed pole.49
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 288.9963, F.S., to extend the date—from July 1, 2024, to
December 31, 2028—through which municipal electric utilities are to offer to broadband
providers a promotional $1 per pole, per year, wireline attachment rate for any new attachments
necessary to make broadband service available to an unserved or underserved end user within a
municipal electric utility service territory. The bill would also have the effect of extending the $1
promotional rate for any currently existing wireline attachments made under the existing s.
288.9963, F.S., from July 1, 2024, to December 31, 2028.
Section 2 of the bill provides that it shall take effect upon becoming a law.
45
Section 288.9963(2)(e), F.S., defines “unserved” as “no retail access to the Internet at speeds of at least 10 megabits per
seconds for downloading and 1 megabits per second for uploading.”
46
Section 288.9963(2)(d), F.S., defines “underserved” as “no retail access to the Internet at speeds of at least 25 megabits per
seconds for downloading and 3 megabits per second for uploading.”
47
Section 288.9963(3)(a), F.S.
48
Section 288.9963(4), F.S.
49
Section 288.9963(5), F.S. With the replacement of such poles, however, “if the replacement is necessary to correct an
existing violation, to bring the pole into compliance with any changes in applicable standards, or because the pole is at the
end of its useful life, the replacement cost may not be charged to the broadband provider.”
BILL: SB 1218 Page 9
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds or that limit their ability to raise revenue or receive state tax
revenues.
Subsection (b) Art. VII, s. 18 of Florida Constitution, provides that except upon approval
of each house of the Legislature by two-thirds vote of the membership, the Legislature
may not enact, amend, or repeal any general law if the anticipated effect of doing so
would be to reduce the authority that municipalities or counties have to raise revenue in
the aggregate, as such authority existed on February 1, 1989. However, the mandates
requirements do not apply to laws having an insignificant fiscal impact50, 51which for
Fiscal Year 2024-2025, is forecast at approximately $2.3 million or less.52
The Revenue Estimating Conference has not reviewed SB 1218. Staff estimates an
indeterminate impact to municipal utility revenues. Therefore, the mandate provision may
apply.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
50
FLA. CONST. art. VII, s. 18(d).
51
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact at
p. 1, (September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf
(last visited Jan. 22, 2024).
52
Based on the Demographic Estimating Conference’s estimated population adopted on July 11, 2023. The conference
packet is available at http://edr.state.fl.us/Content/conferences/population/archives/230711demographic.pdf (last visited Jan.
22, 2024).
BILL: SB 1218 Page 10
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not reviewed SB 1218. Staff estimates an
indeterminate impact to municipal utility revenues.
B. Private Sector Impact:
Broadband service providers may see an adjustment in the pole attachment fees paid to
municipal electric utilities for installation of attachments to the utilities’ poles. Broadband
service providers will be guaranteed access for pole attachment purposes when providing
service to underserved or unserved broadband Internet users.
C. Government Sector Impact:
Municipal utilities may see a reduction in the amount of pole attachment fees received
from broadband service providers for installation of attachments to the utilities’ poles.
Municipal utilities will not be able to refuse pole attachments by broadband service
providers providing service to underserved or unserved broadband Internet users.
Section 288.9963, F.S., does have reporting requirements to the Florida Office of
Broadband within the Division of Community Development of the DCM. To date, staff
has not received an analysis of SB 1218 from DCM.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the section 288.9963 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 SB 1218 Florida Senate - 2024 SB 1218
By Senator Burgess
23-01030A-24 20241218__ 23-01030A-24 20241218__
1 A bill to be entitled 30 end users within the municipal electric utility’s service
2 An act relating to broadband; amending s. 288.9963, 31 territory will gain access to broadband service as a result. The
3 F.S.; deleting obsolete language; making technical 32 broadband provider shall also submit a copy of the application
4 changes; extending the date through which a 33 and plan shall also be submitted simultaneously to the office.
5 promotional rate and related terms for certain 34 (b) A municipal electric utility shall report to the office
6 wireline attachments of broadband facilities to 35 which attachments on which utility poles were made available to
7 municipal electric utility poles are effective; 36 broadband providers subject to the promotional rate, together
8 providing an effective date. 37 with any information available to it regarding which of its
9 38 municipal electric utility customers do and do not have access
10 Be It Enacted by the Legislature of the State of Florida: 39 to broadband service and whether they are unserved or
11 40 underserved.
12 Section 1. Subsection (3) of section 288.9963, Florida 41 (c) A broadband provider that who makes application for
13 Statutes, is amended to read: 42 wireline attachments under the promotional rate shall make all
14 288.9963 Attachment of broadband facilities to municipal 43 reasonable efforts to make broadband service available to the
15 electric utility poles.— 44 unserved or underserved municipal electric utility customers
16 (3) Beginning July 1, 2021, A broadband provider shall 45 identified in the application. If a broadband provider fails to
17 receive a promotional rate of $1 per wireline attachment per 46 make broadband service available to those customers within 12
18 pole per year for any new attachment necessary to make broadband 47 months, it may be required to pay the prevailing rate for those
19 service available to an unserved or underserved end user within 48 attachments that failed to make broadband service available to
20 a municipal electric utility service territory for the time 49 the intended customers.
21 period specified in this subsection. 50 (d) Except as provided in this section, wireline
22 (a) A broadband provider that who wishes to make wireline 51 attachments which are subject to the promotional rate must
23 attachments subject to the promotional rate shall submit an 52 conform to all other terms and conditions of existing pole
24 application, including a route map, to the municipal electric 53 attachment agreements between the broadband provider and the
25 utility specifying which wireline attachments on which utility 54 municipal electric utility. If an no agreement does not exist
26 poles are necessary to extend broadband service to unserved and 55 exists, the parties shall have 90 days to enter into a pole
27 underserved end users and therefore qualify for the promotional 56 attachment agreement for all other terms and conditions of
28 rate set forth in this subsection, together with such 57 attachment.
29 information necessary to identify which unserved or underserved 58 (e) The promotional rate of $1 per wireline attachment per
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1218
23-01030A-24 20241218__
59 pole per year applies to all pole attachments made pursuant to
60 this subsection until December 31, 2028 July 1, 2024.
61 Section 2. This act shall take effect upon becoming a law.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
a APPEARANCE RECORD sBl2 / fi
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Senate professional staff conducting the meeting
The Florida Senate d
Amendment Barcode (if applicable)
Gommittee Agenda Request
Committee
{l*;da 7so,7 z)-
Name Phone
Address Email A,
State Zip
To Senator Jay Trumbull, Chair
Committee on Commerce and Tourism Speaking: I for. tr Against ffinformation OR WaiveSpeaking: ! ln Support ! Against
/
Subject: Committee Agenda Request PLEASE CHECK ONE OF THE FOLLOWING:
Date: January 18,2024
lam appearing without
compensation or sponsorship.
lam a registered lobbyist,
representing: F I am not a lobbyist but received
something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
I respectfully request that Senate Bill # 1218 relating to Broadband, be placed on the:
n committee agenda at your earliest possible convenience.
This form is part of the public record for this meeting. 5-001 (08/10/2021\
X next committee agenda.
Senator Danny Burgess
Florida Senate, District 23
File signed originalwith committee office s-020 (03/2004)
)7 /{
The Florida Senate
APPEARANCE RECORD
Bill Number orTopic
. <---- Deliver both copies of this form to
Y iea"rzr^ Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name Phone st2 63* q 2€ r
Address
Street
Email q A at e.t /'J? -
City
/ rrre
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Zip
Speaking: I ror ! Against I lnformation OR Waive Speaking: ln Support ! ngainst
PLEAS ECK ONE OFTHE FOLLOWING:
lam appearing without I am a registered lobbyist, t am not a lobbyist, but received
compensation or representing: something of value for my appearance
(travel, meals, lodging, etc.),
i^+J d" Ije a,t d sponsored by:
This form is part of the public record for this meeting. 5-001 (08/10/2021)
The Florida Senate
112312024 APPEARANCE RECORD 1218
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
Edda lvonne Fernandez - AARP Phone
954-850-7262
Address 215 S, Monroe Street Email ifernandez@aarp.org
Street
Tallahassee FL
City State Zip
speaking: lEi ror. lE- ngainst lfl tnformatton OR waive speaking, 7V tn support |E nsatnst
PLEASE CHECK ONE OF THE FOLLOWING:
ltr compensation
lam appearing without
or sponsorship. W representing:
am registered lobbyist,
I a
ttr something
not lobbyist, but
I am a
for
of value
received
my appearance
(travel, meals, lodging, etc.),
sponsored by:
AARP
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1420
INTRODUCER: Commerce and Tourism Committee and Senator Burgess
SUBJECT: Department of Commerce
DATE: January 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. ATD
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1420 implements the following changes that impact the Department of Commerce
(DCM):
Provides that if the local government doesn’t hold a second public hearing and adopt a
comprehensive plan amendment within 180 days after the DCM provides comments, the
amendment is deemed withdrawn; and provides that comprehensive plan amendments are
deemed withdrawn if the local government fails to transmit the comprehensive plan
amendment to the DCM within 10 working days after the final adoption hearing.
Deletes an outdated requirement that the Florida Sports Foundation must continue amateur
sports programs previously conducted by the Florida Governor’s Council on Physical Fitness
and Amateur Sports.
Extends the repayment period of the Local Government Emergency Revolving Bridge Loan
Program from 5 to 10 years and directs the DCM to amend existing loans executed before
Feb. 1, 2024, in order to increase the loan term to a total of 10 years from the original date of
execution.
Requires the DCM to establish a direct-support organization (DSO); renames the Florida
Defense Support Task Force; provides for organizational composition; revises the mission of
the DSO; requires the DSO to operate under a contract with the DCM; revises the due date
for the annual report; and provides a repeal date of October 1, 2029.
Revises the term “businesses” to include healthcare facilities and allied health care
opportunities, and revises the funding priority purposes to provide that health care facilities,
in addition to hospitals, operated by nonprofit or local government entities that provide
BILL: CS/SB 1420 Page 2
opportunities in health care, are eligible for the funding under the Incumbent Worker
Training Program.
Specifies that board members of the Workforce Innovation and Opportunity Act are voting
members of the state workforce development board.
Specifies that a homeowner’s association’s proposed revived declaration of covenants and
articles of incorporation and bylaws must be submitted to the DCM within 60 days after
obtaining valid written consent from a majority of the affected parcel owners, or within 60
days after the date the documents are approved by affected parcel owners by a vote at a
meeting.
Except as otherwise expressly provided in the bill, which takes effect upon the bill becoming a
law, the bill takes effect July 1, 2024.
II. Present Situation:
Due to the disparate issues in the bill, for ease of organization and readability, the Present
Situation for each issue is discussed below in conjunction with the Effect of Proposed Changes
III. Effect of Proposed Changes:
Comprehensive Plans (Section 2)
Present Situation
The Community Planning Act provides counties and municipalities with the power to plan for
future development by adopting comprehensive plans.1 Each county and municipality must
maintain a comprehensive plan to guide future development.2
All development, both public and private, and all development orders approved by local
governments must be consistent with the local government’s comprehensive plan.3 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. Development that does not conform to the comprehensive plan may not be
approved by a local government unless the local government amends its comprehensive plan
first. The state land planning agency that administers these provisions is the DCM.4
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.5
The 10 required elements consider and address capital improvements; future land use plan;
transportation; general sanitary sewer, solid waste, drainage, potable water, and natural
1 Section 163.3167(1), F.S.
2
Section 163.3167(2), F.S.
3
Section 163.3194(3), F.S
4
Section 163.3221(14), F.S.
5
Section 163.3177(3) and (6), F.S.
BILL: CS/SB 1420 Page 3
groundwater aquifer recharge; conservation; recreation and open space; housing; coastal
management; intergovernmental coordination; and property rights. Other plans and programs
may be added as optional elements to a comprehensive plan.6
A comprehensive plan is implemented through the adoption of land development regulations7
that are consistent with the plan, and which contain specific and detailed provisions necessary to
implement the plan.8 Such regulations must, among other prescriptions, regulate the subdivision
of land and the use of land for the land use categories in the land use element of the
comprehensive plan.9
State law requires a proposed comprehensive plan amendment to receive 3 public hearings, the
first held by the local planning board.10 The local commission (city or county) must then hold an
initial public hearing regarding the proposed amendment and subsequently transmit it to several
statutorily identified reviewing agencies, including the DCM, the relevant Regional Planning
Council (RPC), and adjacent local governments that request to participate in the review
process.11
The state and regional agencies review the proposed amendment for impacts related to their
statutory purview. The RPC reviews the amendment specifically for “extrajurisdictional impacts
that would be inconsistent with the comprehensive plan of any affected local government within
the region” as well as adverse effects on regional resources or facilities.12 Upon receipt of the
reports from the various agencies, the local government holds a second public hearing at which
the governing body votes to approve the amendment or not. If the local government fails, within
180 days after receipt of agency comments, to hold the second public hearing, the amendments
are deemed withdrawn unless extended by agreement.13 If the amendment receives a favorable
vote, it is transmitted within 10 days to the DCM, and any other agency or local government that
provided comments, for final review.14 The DCM then has either 31 days or 45 days (depending
on the review process to which the amendment is subject) to determine whether the proposed
comprehensive plan amendment is in compliance with all relevant laws and agency rules.15
Effect of Proposed Changes
The bill amends s. 163.3184(3)(c), F.S., to provide that if the local government doesn’t hold a
second public hearing and adopt a comprehensive plan amendment within 180 days after the
DCM provides comments, the amendment is deemed withdrawn.
6
Id.
7
“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, except that this definition does not apply in s. 163.3213, F.S.
(governing the administrative review of land development regulations). See s. 163.3164(26), F.S.
8
Section 163.3202(2), F.S.
9
Id.
10
Sections 163.3174(4)(a), and 163.3184, F.S.
11
Section 163.3184(3)(b), F.S.
12
Section 163.3184(3)(b)3.a., F.S.
13
Section 163.3184(3)(c), F.S.
14
Section 163.3184(4)(e)2., F.S.
15
Sections 163.3184(3)(c)4., and 163.3184(4)(e)4., F.S.
BILL: CS/SB 1420 Page 4
The bill amends s. 163.3184(4), F.S., to provide that if the local government fails to transmit the
comprehensive plan amendment to the DCM within 10 working days after the final adoption
hearing, the amendment is deemed withdrawn.
Local Government Emergency Revolving Bridge Loan Program (Section 3 and 11)
Present Situation
The Local Government Emergency Revolving Bridge Loan provides financial assistance to local
governments impacted by federally declared disasters. The purpose of the loan program is to
assist these local governments in maintaining operations by bridging the gap between the time
that the declared disaster occurred and the time that additional funding sources or revenues are
secured to provide them with financial assistance. 16
The loans are interest-free with the loan amount determined based upon demonstrated need. The
term of the loan is up to 5 years.17 To be eligible, a local government must be a county or a
municipality located in an area designated in the Federal Emergency Management Agency
disaster declaration. The local government must show that it may suffer or has suffered
substantial loss of its tax or other revenues as a result of the disaster and demonstrate a need for
financial assistance to enable it to continue to perform its government operations.18
The program expires July 1, 2038 and a loan may not be awarded after June 30, 2038. Upon
expiration, all unencumbered funds and loan repayments made on or after July 1, 2038, must be
transferred to the General Revenue fund.19
Effect of Proposed Changes
The bill amends s. 288.066, F.S., to extend the repayment period of the program from 5 to 10
years. Effective upon becoming a law, the bill directs the DCM to amend any existing loans
executed before Feb. 1, 2024, in order to increase the loan term to a total of 10 years from the
original date of execution.
Florida Sports Foundation (Section 4)
Present Situation
The Florida Sports Foundation is a 501(c)(3) non-profit corporation, serving as the official sports
promotion and development organization for the State of Florida. It is charged with the
promotion and development of professional, amateur, and recreational sports, physical fitness
opportunities, and assisting communities and host organizations in attracting major and minor
sports events to help produce a thriving Florida sports industry and environment.20 Under its duty
to promote amateur sports and physical fitness, the Florida Sports Foundation must continue the
16
Section 288.066(1), F.S.
17
Section 288.066(3), F.S.
18
Section 288.066(2), F.S.
19
Section 288.066(9), F.S.
20
Section 288.1229, F.S.
BILL: CS/SB 1420 Page 5
successful amateur sports programs previously conducted by the Florida Governor’s Council on
Physical Fitness and Amateur Sports.21
Effect of Proposed Changes
The bill amends s. 288.1229, F.S., to delete an outdated requirement that the Florida Sports
Foundation must continue amateur sports programs previously conducted by the Florida
Governor’s Council on Physical Fitness and Amateur Sports.
Florida Defense Support Task Force (Section 7)
Present Situation
In 2011,22 the Legislature created the Florida Defense Support Task Force (Task Force) with the
mission to make recommendations to preserve and protect military installations to support the
state’s position in research and development related to or arising out of military missions and
contracting, and to improve the state’s military-friendly environment for servicemembers,
military dependents, military retirees, and businesses that bring military and base-related jobs to
the state.23
The task force is comprised of the Governor, or his or her designee, and 12 members comprised
of four members appointed by the Governor, President of the Senate, and Speaker of the House
of Representatives, respectively. Task Force members represent defense-related industries or
communities that host military bases and installations.24 With the exception of Legislative
members, Task Force members serve for a term of four years. Vacancies are to be filled for the
remainder of the unexpired term in the same manner as the initial appointment. Legislative
members serve until the expiration of their legislative term and may be reappointed once. All
members are eligible for reappointment.25 The President and the Speaker each designate one of
their appointees to serve as chair and the chair must rotate each July 1.26 The Secretary of the
DCM, or his or her designee, serves as the ex officio, nonvoting executive director.27
The DCM is required to contract with the task force for the expenditure of appropriated funds,
which may be used by the task force for:
Economic and product research and development;
Joint planning with host communities to accommodate military missions and prevent base
encroachment;
Advocacy on the state’s behalf with federal civilian and military officials;
Assistance to school districts in providing a smooth transition for large numbers of additional
military-related students;
21
Section 288.1229(7)(g), F.S.
22
Chapter 2011-76, s. 38, Laws of Fla.
23
Section 288.987(2), F.S.
24
Section 288.987(3), F.S.
25
Section 288.987(3), F.S.
26
Section 288.987(4), F.S.
27
Section 288.987(5), F.S., actually states that the Secretary of Economic Opportunity serves as the ex officio, nonvoting
executive director; however, HB 5 from 2023 (enacted as Chapter 2023-173, Laws of Fla.) changed the name of the
Department of Economic Opportunity to the Department of Commerce.
BILL: CS/SB 1420 Page 6
Job training and placement for military spouses in communities with high proportions of
active duty military personnel; and
Promotion of the state to military and related contractors and employers.28
The Task Force must submit an annual progress report and work plan to the Governor, the
President, and the Speaker each February 1.29
Effect of Proposed Changes
The bill amends s. 288.987, F.S., to require the DCM to establish a direct-support organization
(DSO) to support Florida’s military and defense industries and communities, and renames the
Florida Defense Support Task Force as the DSO. The DSO must operate under a contract with
the DCM which must provide that:
The DCM may review the DSO’s articles of incorporation;
The DSO must submit an annual budget proposal to the DCM;
Any DSO funds held in a trust must revert to the state upon the expiration or cancellation of
the contract; and
The DSO is subject to an annual compliance review by the DCM.
The DSO fiscal year begins on July 1 and ends on June 30 of the next succeeding year. The DSO
must also provide an annual financial audit pursuant to s. 215.981, F.S.
The bill specifies that, under certain provisions of law, the DSO is not an agency for purposes of
leasing buildings or for bids for printing. However, the DSO must comply with per diem and
travel expense requirements pursuant to s. 112.061, F.S. The DCM may allow the DSO to use
the property, facilities, personnel, and services of the DCM if the DSO provides equal
employment opportunities to all persons regardless of race, color, religion, sex, or national
origin.
The bill revises the mission of the DSO. In addition to carrying out the provisions of s. 288.987,
F.S., the DSO must assist with the coordination of economic and workforce development efforts
in military communities and assist in the planning and research and development related to
military missions, businesses, and military families. Additionally, the DSO is organized and
operated to:
Request, receive, hold, invest, and administer property;
Manage and make expenditures for the operation of the activities, services, functions, and
programs for economic and product research and development,
Conduct joint planning with host communities to accommodate military missions and
prevent base encroachment,
Advocate on the state’s behalf with federal civilian and military officials;
Assist school districts in providing a smooth transition for additional military-related
students;
Provide job training and placement for military spouses in communities with high
proportions of active duty military personnel; and
28
Section 288.987(7), F.S.
29
Section 288.987(6), F.S.
BILL: CS/SB 1420 Page 7
Promote of the state to military and related contractors and employers.
The DSO must be governed by a board of directors composed of the Governor, or his or her
designee, four members appointed by the Governor, the President, and the Speaker. All
appointments in place as of July 1, 2024, must continue in effect until the expiration of the term.
The President and the Speaker each designate one of their appointees to serve as chair for a 2-
year term and the chair must rotate on July 1 of each odd-numbered year.
In the performance of its duties, the DSO is authorized to make and enter into contracts as
necessary to carry out its mission. A proposed contract with a total cost of $750,000 or more is
subject to the noticing, review, and objection procedures provided in s. 216.177, F.S. The DSO
may not divide one proposed contract with a total cost of $750,000 or more into multiple
contracts to circumvent the prohibition. If the contract is contrary to legislative policy and intent,
the DSO is prohibited from entering into such contract. The DSO is also authorized to establish
grant programs and administer grant awards to support its mission.
The bill changes the due date for an annual report from February 1 to December 1.
Unless reviewed and saved from repeal by the Legislature, the DSO is repealed on October 1,
2029.
Florida Defense Support Task Force Public Records and Meetings Exemption (Section 6)
Present Situation
Current law provides a public record exemption for certain records held by the Task Force.
Specifically, the following records are exempt30 from public records requirements:31
That portion of a record that relates to strengths and weaknesses of military installations or
military missions in Florida relative to the selection criteria for the realignment and closure
of military bases and missions under the United States base realignment and closure (BRAC)
process.
That portion of a record that relates to strengths and weaknesses of military installations or
military missions in other state or territories and the vulnerability of such installations or
missions to base realignment or closure under the United States BRAC process, and any
agreements or proposals to relocate or realign military units and missions from other states or
territories.
That portion of a record that relates to Florida’s strategy to retain its military bases during
any United States BRAC process and any agreements or proposals to relocate or realign
military units and missions.
30
There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892
So.2d 1015 (Fla. 2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642
So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature
designates a record as confidential and exempt from public disclosure, such record may not be released by the custodian of
public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09
(2004).
31
Section 288.985(1)(a)-(c), F.S.
BILL: CS/SB 1420 Page 8
Current law also provides a public meeting exemption for any portion of a meeting of the Task
Force, or a workgroup of the Task Force, wherein such exempt records are presented or
discussed.32 In addition, any records generated during the closed portion of the meeting are
exempt from public record requirements.33
Effect of Proposed Changes
The bill amends s. 288.985, F.S., to make conforming changes made by s. 288.987, F.S.
Incumbent Worker Training Program and CareerSource Florida, Inc. (Sections 8 and 9)
Present Situation
Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which
superseded the Workforce Investment Act of 1998.34 WIOA requires each state to develop a
single, unified plan for aligning workforce services through the identification and evaluation of
core workforce programs.35
WIOA identifies four core programs that coordinate and complement each other to ensure job
seekers have access to needed resources.36 The core programs are:
Adult, Dislocated Worker and Youth Programs;
Adult Education and Literacy Activities;
Employment Services under the Wagner-Peyser Act;37 and
Vocational Rehabilitation Services.38
WIOA establishes minimum performance accountability measures for the evaluation of core
programs in each state and performance reports to be provided at the state, local, and training
provider levels.39 Performance measures that apply across all core programs include:40
The percentage of participants in unsubsidized employment during second quarter after exit.
The percentage of participants in unsubsidized employment during fourth quarter after exit.
The median earnings of participants during second quarter after exit.
The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit.
The achievement of measureable skill gains toward credentials or employment; and
The effectiveness in serving employers.
32
Section 288.985(2), F.S.
33
Section 288.985(3), F.S.
34
Workforce Innovation and Opportunity Act, 29 U.S.C. s. 3101 et seq. (2014).
35
See 29 U.S.C. s. 3112(a).
36
See 29 U.S.C. s. 3102(13).
37
See 29 U.S.C. s. 49 et seq.
38
See 29 U.S.C. s. 720 et. seq.
39
See 29 U.S.C. s. 3141.
40
Id.
BILL: CS/SB 1420 Page 9
State Administration of Workforce Development
WIOA requires the Governor to establish a State Workforce Development Board (state board) to
assist the Governor in carrying out the duties and responsibilities required by WIOA. 41
CareerSource Florida, Inc., implements the policy directives of the state board and administers
state workforce development programs.42 CareerSource Florida, Inc., provides administrative
support to the state board, the principal workforce policy organization for the state. WIOA state
board members are nonvoting and the number of members is determined by the Governor.43
WIOA requires states to designate local workforce development areas in the state. The local
workforce development areas must be consistent with labor market areas and regional economic
development areas in the state and have available federal and non-federal resources necessary to
effectively administer workforce development services.44 Within each area, a local workforce
development board must be established.45 Each local workforce development board is required to
coordinate planning and service delivery strategies within the local workforce development area
and submit to the Governor a 4-year local plan for the delivery of workforce development
services.46
The DCM serves as Florida’s lead workforce agency.47 The DCM is responsible for the fiscal
and administrative affairs of the workforce development system.48 The DCM receives and
distributes federal funds for employment-related programs to the local workforce development
boards.49 Under the direction of CareerSource, the DCM is required to annually meet with each
local workforce development board to review the board’s performance and to certify that the
board is in compliance with applicable state and federal laws.50
Incumbent Worker Training Program
The Incumbent Worker Training Program (program) was created to provide grant funding for
continuing education and training of incumbent employees at existing Florida businesses. The
program provides reimbursement grants to businesses that that pay for preapproved, direct,
training-related costs. The term “business” includes hospitals operated by nonprofit or local
government entities which provide nursing opportunities to acquire new or improved skills. 51
Funding priority is given in the following order:52
Businesses that provide employees with opportunities to acquire new or improved skills by
earning a credential on the Master Credentials List;
41
29 U.S.C. s. 3111.
42
Section 445.004(2), F.S.
43
Section 445.004(3)(a), F.S.
44
See 29 U.S.C. s. 3121.
45
29 U.S.C. s. 3122.
46
See 29 U.S.C. ss. 3122 and 3123.
47
Primarily through the Division of Workforce Services. See s. 20.60, F.S.
48
See s. 20.60(5)(c), F.S. and s. 445.009(3)(c), F.S.
49
See s. 20.60(5)(c), F.S. and s. 445.003, F.S.
50
See s. 445.007(3), F.S.
51
Section 445.003(3)3., F.S.
52
Id.
BILL: CS/SB 1420 Page 10
Hospitals operated by nonprofit or local government entities that provide nursing
opportunities to acquire new or improved skills;
Businesses whose grant proposals represent a significant upgrade in employee skills;
Businesses with 25 employees or fewer, businesses in rural areas, and businesses in
distressed inner-city areas; and
Businesses in a qualified targeted industry or businesses whose grant proposals represent a
significant layoff avoidance strategy.
Effect of Proposed Changes
The bill amends s. 445.003, F.S., to revise the term “businesses” under the program to include
healthcare facilities and allied health care opportunities. The bill also revises the funding priority
for grant purposes to provide that health care facilities, in addition to hospitals, operated by
nonprofit or local government entities that provide opportunities in health care, rather than
nursing opportunities, are eligible for the funding.
The bill amends s. 445.004, F.S., to specify that WIOA state board members are voting
members.
DCM Review of Revitalization of Homeowner Association Covenants (Section 10)
Present Situation
Parcel owners in a community that was previously subject to a declaration of covenants that has
ceased to govern one or more parcels in the community may revive the declaration and the
association for the community upon approval by the parcel owners to be governed as provided in
the Covenant Revitalization Act53 and upon approval of the declaration and the other governing
documents for the association by the DCM.54
No later than 60 days after the date after the date the proposed revived declaration and other
governing documents are approved by the affected parcel owners, the organizing committee
must submit the proposed revived governing documents and any supporting materials to the
DCM to review and determine whether to approve or disapprove of the proposal to preserve the
residential community.55
The DCM must make a determination no later than 60 days and must notify the organizing
committee in writing of its approval or reasons for the disapproval.56
Effect of Proposed Changes
The bill amends s. 720.406, F.S., to specify that a homeowner’s association’s proposed revived
declaration of covenants and articles of incorporation and bylaws must be submitted to the DCM
within 60 days after obtaining valid written consent from a majority of the affected parcel
53
Chapter 720, Part III, F.S.
54
Section 720.403(2), F.S.
55
Section 720.406(1), F.S.
56
Section 720.406(2), F.S.
BILL: CS/SB 1420 Page 11
owners, or within 60 days after the date the documents are approved by affected parcel owners
by a vote at a meeting.
Miscellaneous Provisions
Section 1 amends s. 163.3175, F.S., to update a cross reference.
Section 5 amends s. 288.980, F.S., to update a cross reference.
Section 12 provides an effective date of July 1, 2024, except section 11, which directs the DCM
to amend any existing loans executed before Feb. 1, 2024, in order to increase the loan term to a
total of 10 years from the original date of execution, takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Article II, section 5(a) of the Florida Constitution prohibits a person from holding at the
same time more than one office under the government of the state and the counties and
municipalities therein, except that a notary public or military officer may hold another
office, and any officer may be a member of a constitution revision commission, taxation
and budget reform commission, constitutional convention, or statutory body having only
advisory powers.
A direct support organization (DSO) is a statutorily created private entity, generally
required to be a non-profit corporation, and authorized to carry out specific tasks in
support of public entities or public causes. The functions and purpose of a DSO are
prescribed by its enacting statute and also, for most, by a written contract with the agency
the DSO was created to support.
This bill creates a DSO to support Florida’s military and defense industries and
communities. The DSO is governed by a board of directors composed of the Governor, or
BILL: CS/SB 1420 Page 12
his or her designee, and members appointed by the Governor, the Speaker, and the
President. Currently serving members of the Legislature may only vote on advisory
matters, but this restriction does not apply to the Governor. Though created as a private
entity, the DSO is organized and operated to, among other things, manage and make
expenditures for the operation of the activities, services, functions, and programs of this
state.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 163.3175, 163.3184, 288.066, 288.1229, 288.980,
288.985, 288.987, 445.003, 445.004, 720.406, 721.97 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on January 23, 2024:
The committee substitute:
Extends the repayment period of the Local Government Emergency Revolving Bridge
Loan Program from 5 to 10 years and directs the DCM to amend existing loans
executed before Feb. 1, 2024, in order to increase the loan term to a total of 10 years
from the original date of execution; and
Removes a provision requiring the Secretary of the DCM, rather than the Governor,
to appoint commissioners of deeds who authenticate acknowledgements in certain
real estate transactions in other states or foreign countries.
BILL: CS/SB 1420 Page 13
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1420 Bill No. SB 1420
Ì1806466Î180646 Ì1806466Î180646
LEGISLATIVE ACTION 11 or within 60 days after the date the proposed revived
Senate . House 12 declaration and other governing documents are approved by the
Comm: RCS . 13 affected parcel owners by vote at a meeting, the organizing
01/23/2024 . 14 committee or its designee must submit the proposed revived
. 15 governing documents and supporting materials to the Department
. 16 of Commerce Economic Opportunity to review and determine whether
. 17 to approve or disapprove of the proposal to preserve the
18 residential community. The submission to the department must
19 include:
20 (a) The full text of the proposed revived declaration of
21 covenants and articles of incorporation and bylaws of the
22 homeowners’ association.;
23 (b) A verified copy of the previous declaration of
24 covenants and other previous governing documents for the
25 community, including any amendments thereto.;
The Committee on Commerce and Tourism (Burgess) recommended the 26 (c) The legal description of each parcel to be subject to
following: 27 the revived declaration and other governing documents and a plat
28 or other graphic depiction of the affected properties in the
1 Senate Amendment (with title amendment) 29 community.;
2 30 (d) A verified copy of the written consents of the
3 Delete lines 544 - 677 31 requisite number of the affected parcel owners approving the
4 and insert: 32 revived declaration and other governing documents or, if
5 Section 9. Section 720.406, Florida Statutes, is amended to 33 approval was obtained by a vote at a meeting of affected parcel
6 read: 34 owners, verified copies of the notice of the meeting,
7 720.406 Department of Commerce Economic Opportunity; 35 attendance, and voting results.;
8 submission; review and determination.— 36 (e) An affidavit by a current or former officer of the
9 (1) Within No later than 60 days after obtaining valid 37 association or by a member of the organizing committee verifying
10 written consent from a majority of the affected parcel owners, 38 that the requirements for the revived declaration set forth in
39 s. 720.404 have been satisfied.; and
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Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1420 Bill No. SB 1420
Ì1806466Î180646 Ì1806466Î180646
40 (f) Such other documentation that the organizing committee 69 before February 1, 2024, and made pursuant to s. 288.066,
41 believes is supportive of the policy of preserving the 70 Florida Statutes, in order to increase the loan term to a total
42 residential community and operating, managing, and maintaining 71 of 10 years from the original date of execution, as authorized
43 the infrastructure, aesthetic character, and common areas 72 by this act, upon request of the local government and as
44 serving the residential community. 73 determined by the department to be in the best interests of the
45 (2) Within No later than 60 days after receiving the 74 state.
46 submission, the department must determine whether the proposed 75 Section 12. Except as otherwise expressly provided in this
47 revived declaration of covenants and other governing documents 76 act, this act shall take effect July 1, 2024.
48 comply with the requirements of this act. 77
49 (a) If the department determines that the proposed revived 78 ================= T I T L E A M E N D M E N T ================
50 declaration and other governing documents comply with the act 79 And the title is amended as follows:
51 and have been approved by the parcel owners as required by this 80 Delete lines 42 - 48
52 act, the department shall notify the organizing committee in 81 and insert:
53 writing of its approval. 82 of the board; amending s. 720.406, F.S.; specifying
54 (b) If the department determines that the proposed revived 83 required actions for a proposed revived declaration
55 declaration and other governing documents do not comply with, 84 and other governing documents; making technical
56 this act or have not been approved as required by, this act, the 85 changes; amending s. 288.066, F.S.; revising the
57 department shall notify the organizing committee in writing that 86 maximum length of a loan term under the Local
58 it does not approve the governing documents and shall state the 87 Government Emergency Revolving Bridge Loan Program;
59 reasons for the disapproval. 88 authorizing the Department of Commerce to amend
60 Section 10. Effective upon becoming a law, paragraph (c) of 89 certain previously executed loan agreements under
61 subsection (3) of section 288.066, Florida Statutes, is amended 90 certain circumstances; providing effective dates.
62 to read:
63 288.066 Local Government Emergency Revolving Bridge Loan
64 Program.—
65 (3) LOAN TERMS.—
66 (c) The term of the loan is up to 10 years 5 years.
67 Section 11. Effective upon becoming a law, the Department
68 of Commerce is authorized to amend a loan agreement executed
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Florida Senate - 2024 SB 1420 Florida Senate - 2024 SB 1420
By Senator Burgess
23-00481B-24 20241420__ 23-00481B-24 20241420__
1 A bill to be entitled 30 are met; revising the mission of the organization;
2 An act relating to the Department of Commerce; 31 modifying provisions governing the composition of the
3 amending s. 163.3175, F.S.; conforming a provision to 32 organization; revising the date by which the
4 changes made by the act; amending s. 163.3184, F.S.; 33 organization’s annual report is due; providing certain
5 revising the procedure for adopting comprehensive plan 34 powers and duties of the organization, subject to
6 amendments; providing that amendments are deemed 35 certain requirements and limitations; providing for
7 withdrawn if the local government fails to transmit 36 future repeal; amending s. 445.003, F.S.; revising the
8 the comprehensive plan amendments to the department, 37 definition of the term “businesses”; revising funding
9 in its role as the state land planning agency, within 38 priority for purposes of funding grants under the
10 a certain time period; amending s. 288.1229, F.S.; 39 Incumbent Worker Training Program; amending s.
11 revising the duties of the Florida Sports Foundation; 40 445.004, F.S.; specifying that certain members of the
12 amending ss. 288.980 and 288.985, F.S.; conforming 41 state workforce development board are voting members
13 provisions to changes made by the act; amending s. 42 of the board; amending s. 695.03, F.S.; authorizing
14 288.987, F.S.; requiring the department to establish a 43 the Secretary of Commerce to appoint commissioners of
15 direct-support organization; renaming the Florida 44 deeds; amending s. 720.406, F.S.; specifying required
16 Defense Support Task Force as the direct-support 45 actions for a proposed revived declaration and other
17 organization; specifying that the organization is a 46 governing documents; making technical changes;
18 direct-support organization of the department and a 47 amending s. 721.97, F.S.; conforming provisions to
19 corporation not for profit; requiring the organization 48 changes made by the act; providing an effective date.
20 to operate under contract with the department; 49
21 specifying requirements for such contract; specifying 50 Be It Enacted by the Legislature of the State of Florida:
22 the organization’s fiscal year; specifying audit 51
23 requirements applicable to the organization; 52 Section 1. Subsection (3) of section 163.3175, Florida
24 authorizing the organization to take certain actions 53 Statutes, is amended to read:
25 regarding administration of property and expenditures; 54 163.3175 Legislative findings on compatibility of
26 specifying that the organization is not an agency for 55 development with military installations; exchange of information
27 purposes of specified provisions of law; authorizing 56 between local governments and military installations.—
28 the department to allow the organization to use 57 (3) The direct-support organization created in s. 288.987
29 certain departmental resources, if certain conditions 58 Florida Defense Support Task Force may recommend to the
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59 Legislature changes to the military installations and local 88 withdrawn.
60 governments specified in subsection (2) based on a military 89 3. The state land planning agency shall notify the local
61 base’s potential for impacts from encroachment, and incompatible 90 government of any deficiencies within 5 working days after
62 land uses and development. 91 receipt of an amendment package. For purposes of completeness,
63 Section 2. Paragraph (c) of subsection (3) and paragraph 92 an amendment shall be deemed complete if it contains a full,
64 (e) of subsection (4) of section 163.3184, Florida Statutes, are 93 executed copy of:
65 amended to read: 94 a. The adoption ordinance or ordinances;
66 163.3184 Process for adoption of comprehensive plan or plan 95 b. In the case of a text amendment, a full copy of the
67 amendment.— 96 amended language in legislative format with new words inserted
68 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF 97 in the text underlined, and words deleted stricken with hyphens;
69 COMPREHENSIVE PLAN AMENDMENTS.— 98 c. In the case of a future land use map amendment, a copy
70 (c)1. The local government shall hold a its second public 99 of the future land use map clearly depicting the parcel, its
71 hearing, which shall be a hearing on whether to adopt one or 100 existing future land use designation, and its adopted
72 more comprehensive plan amendments pursuant to subsection (11). 101 designation; and
73 If the local government fails, within 180 days after receipt of 102 d. a copy of Any data and analyses the local government
74 agency comments, to hold the second public hearing, and to adopt 103 deems appropriate.
75 the comprehensive plan amendments, the amendments are shall be 104 4. An amendment adopted under this paragraph does not
76 deemed withdrawn unless extended by agreement with notice to the 105 become effective until 31 days after the state land planning
77 state land planning agency and any affected person that provided 106 agency notifies the local government that the plan amendment
78 comments on the amendment. The 180-day limitation does not apply 107 package is complete. If timely challenged, an amendment does not
79 to amendments processed pursuant to s. 380.06. 108 become effective until the state land planning agency or the
80 2. All comprehensive plan amendments adopted by the 109 Administration Commission enters a final order determining the
81 governing body, along with the supporting data and analysis, 110 adopted amendment to be in compliance.
82 shall be transmitted within 10 working days after the final 111 (4) STATE COORDINATED REVIEW PROCESS.—
83 adoption second public hearing to the state land planning agency 112 (e) Local government review of comments; adoption of plan
84 and any other agency or local government that provided timely 113 or amendments and transmittal.—
85 comments under subparagraph (b)2. If the local government fails 114 1. The local government shall review the report submitted
86 to transmit the comprehensive plan amendments within 10 working 115 to it by the state land planning agency, if any, and written
87 days after the final adoption hearing, the amendments are deemed 116 comments submitted to it by any other person, agency, or
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117 government. The local government shall, upon receipt of the 146 in the text underlined, and words deleted stricken with hyphens;
118 report from the state land planning agency, shall hold its 147 c. In the case of a future land use map amendment, a copy
119 second public hearing, which shall be a hearing to determine 148 of the future land use map clearly depicting the parcel, its
120 whether to adopt the comprehensive plan or one or more 149 existing future land use designation, and its adopted
121 comprehensive plan amendments pursuant to subsection (11). If 150 designation; and
122 the local government fails to hold the second hearing and adopt 151 d. a copy of Any data and analyses the local government
123 the amendments within 180 days after receipt of the state land 152 deems appropriate.
124 planning agency’s report, the amendments shall be deemed 153 4. After the state land planning agency makes a
125 withdrawn unless extended by agreement with notice to the state 154 determination of completeness regarding the adopted plan or plan
126 land planning agency and any affected person that provided 155 amendment, the state land planning agency shall have 45 days to
127 comments on the amendment. The 180-day limitation does not apply 156 determine whether if the plan or plan amendment is in compliance
128 to amendments processed pursuant to s. 380.06. 157 with this act. Unless the plan or plan amendment is
129 2. All comprehensive plan amendments adopted by the 158 substantially changed from the one commented on, the state land
130 governing body, along with the supporting data and analysis, 159 planning agency’s compliance determination shall be limited to
131 shall be transmitted within 10 working days after the final 160 objections raised in the objections, recommendations, and
132 adoption second public hearing to the state land planning agency 161 comments report. During the period provided for in this
133 and any other agency or local government that provided timely 162 subparagraph, the state land planning agency shall issue,
134 comments under paragraph (c). If the local government fails to 163 through a senior administrator or the secretary, a notice of
135 transmit the comprehensive plan amendments within 10 working 164 intent to find that the plan or plan amendment is in compliance
136 days after the final adoption hearing, the amendments are deemed 165 or not in compliance. The state land planning agency shall post
137 withdrawn. 166 a copy of the notice of intent on the agency’s Internet website.
138 3. The state land planning agency shall notify the local 167 Publication by the state land planning agency of the notice of
139 government of any deficiencies within 5 working days after 168 intent on the state land planning agency’s Internet site is
140 receipt of a plan or plan amendment package. For purposes of 169 shall be prima facie evidence of compliance with the publication
141 completeness, a plan or plan amendment shall be deemed complete 170 requirements of this subparagraph.
142 if it contains a full, executed copy of each of the following: 171 5. A plan or plan amendment adopted under the state
143 a. The adoption ordinance or ordinances; 172 coordinated review process shall go into effect pursuant to the
144 b. In the case of a text amendment, a full copy of the 173 state land planning agency’s notice of intent. If timely
145 amended language in legislative format with new words inserted 174 challenged, an amendment does not become effective until the
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175 state land planning agency or the Administration Commission 204 1, review the list of base buffering encroachment lands
176 enters a final order determining the adopted amendment to be in 205 submitted by the military installations and provide its
177 compliance. 206 recommendations for ranking the lands for acquisition to the
178 Section 3. Paragraph (g) of subsection (7) of section 207 department.
179 288.1229, Florida Statutes, is amended to read: 208 4. The department shall annually submit the list of base
180 288.1229 Promotion and development of sports-related 209 buffering encroachment lands provided by the direct-support
181 industries and amateur athletics; direct-support organization 210 organization created in s. 288.987 Florida Defense Support Task
182 established; powers and duties.— 211 Force to the Board of Trustees of the Internal Improvement Trust
183 (7) To promote amateur sports and physical fitness, the 212 Fund, which may acquire the lands pursuant to s. 253.025. At a
184 foundation shall: 213 minimum, the annual list must contain all of the following for
185 (g) Continue the successful amateur sports programs 214 each recommended land acquisition:
186 previously conducted by the Florida Governor’s Council on 215 a. A legal description of the land and its property
187 Physical Fitness and Amateur Sports created under former s. 216 identification number.;
188 14.22. 217 b. A detailed map of the land.; and
189 Section 4. Paragraph (b) of subsection (2) of section 218 c. A management and monitoring agreement to ensure the land
190 288.980, Florida Statutes, is amended to read: 219 serves a base buffering purpose.
191 288.980 Military base retention; legislative intent; grants 220 Section 5. Subsection (1) and paragraph (a) of subsection
192 program.— 221 (2) of section 288.985, Florida Statutes, are amended to read:
193 (2) 222 288.985 Exemptions from public records and public meetings
194 (b)1. The department shall, annually by October 1, request 223 requirements.—
195 military installations in this the state to provide the 224 (1) The following records held by the direct-support
196 department with a list of base buffering encroachment lands for 225 organization created in s. 288.987 Florida Defense Support Task
197 fee simple or less-than-fee simple acquisitions before October 226 Force are exempt from s. 119.07(1) and s. 24(a), Art. I of the
198 1. 227 State Constitution:
199 2. The department shall submit the list of base buffering 228 (a) That portion of a record which relates to strengths and
200 encroachment lands to the direct-support organization Florida 229 weaknesses of military installations or military missions in
201 Defense Support Task Force created in s. 288.987. 230 this state relative to the selection criteria for the
202 3. The direct-support organization created in s. 288.987 231 realignment and closure of military bases and missions under any
203 Florida Defense Support Task Force shall, annually by December 232 United States Department of Defense base realignment and closure
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233 process. 262 Code, which is incorporated under chapter 617 and approved by
234 (b) That portion of a record which relates to strengths and 263 the Department of State. The direct-support organization is
235 weaknesses of military installations or military missions in 264 exempt from paying filing fees under chapter 617.
236 other states or territories and the vulnerability of such 265 (b) The direct-support organization shall operate under
237 installations or missions to base realignment or closure under 266 contract with the department. The contract must provide that:
238 the United States Department of Defense base realignment and 267 1. The department may review the direct-support
239 closure process, and any agreements or proposals to relocate or 268 organization’s articles of incorporation.
240 realign military units and missions from other states or 269 2. The direct-support organization shall submit an annual
241 territories. 270 budget proposal to the department, on a form provided by the
242 (c) That portion of a record which relates to the state’s 271 department, in accordance with department procedures for filing
243 strategy to retain its military bases during any United States 272 budget proposals based on recommendations of the department.
244 Department of Defense base realignment and closure process and 273 3. Any funds that the direct-support organization holds in
245 any agreements or proposals to relocate or realign military 274 trust must revert to the state upon the expiration or
246 units and missions. 275 cancellation of the contract.
247 (2)(a) Meetings or portions of meetings of the direct- 276 4. The direct-support organization is subject to an annual
248 support organization created in s. 288.987 Florida Defense 277 financial and performance review by the department to determine
249 Support Task Force, or a workgroup of the direct-support 278 whether the direct-support organization is complying with the
250 organization task force, at which records are presented or 279 terms of the contract and is acting in a manner consistent with
251 discussed that are exempt under subsection (1) are exempt from 280 the goals of the department and in the best interest of the
252 s. 286.011 and s. 24(b), Art. I of the State Constitution. 281 state.
253 Section 6. Section 288.987, Florida Statutes, is amended to 282 (c) The fiscal year of the direct-support organization
254 read: 283 begins on July 1 and ends on June 30 of the next succeeding
255 288.987 Florida Defense Support Task Force.— 284 year.
256 (1) The Department of Commerce shall establish a direct- 285 (d) The direct-support organization shall provide an annual
257 support organization to support Florida’s military and defense 286 financial audit in accordance with s. 215.981.
258 industries and communities The Florida Defense Support Task 287 (e) The direct-support organization is not an agency for
259 Force is created. 288 purposes of parts I, II, and IV-VIII of chapter 112; chapter
260 (a) The direct-support organization is a corporation not 289 120; s. 215.31; chapter 216; ss. 255.21, 255.25, and 255.254,
261 for profit, as defined in s. 501(c)(3) of the Internal Revenue 290 relating to leasing of buildings; ss. 283.33 and 283.35,
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291 relating to bids for printing; and chapter 287. However, the 320 a smooth transition for large numbers of additional military-
292 direct-support organization shall comply with the per diem and 321 related students, job training and placement for military
293 travel expense provisions of s. 112.061. 322 spouses in communities with high proportions of active duty
294 (f) Subject to the approval of the Secretary of Commerce, 323 military personnel, and promotion of the state to military and
295 the department may allow the direct-support organization to use 324 related contractors and employers.
296 the property, facilities, personnel, and services of the 325 (3) The direct-support organization shall be governed by a
297 department if the direct-support organization provides equal 326 board of directors.
298 employment opportunities to all persons regardless of race, 327 (a) The board of directors is composed of the Governor, or
299 color, religion, sex, or national origin. 328 his or her designee, and the following members task force shall
300 (2) The mission of the direct-support organization task 329 be comprised of the Governor or his or her designee, and 12
301 force is to carry out the provisions of this section, to make 330 members appointed as follows:
302 recommendations to preserve and protect military installations, 331 1.(a) Four members appointed by the Governor.
303 to assist with the coordination of economic and workforce 332 2.(b) Four members appointed by the President of the
304 development efforts in military communities, to assist in the 333 Senate.
305 planning and research and development related to military 334 3.(c) Four members appointed by the Speaker of the House of
306 missions, businesses, and military families to support the 335 Representatives.
307 state’s position in research and development related to or 336 (b)(d) Appointed members must represent defense-related
308 arising out of military missions and contracting, and to improve 337 industries or communities that host military bases and
309 the state’s military-friendly environment for servicemembers, 338 installations. All appointments in place as of July 1, 2024,
310 military dependents, military retirees, and businesses that 339 must continue in effect until the expiration of the term must be
311 bring military and base-related jobs to the state. The direct- 340 made by August 1, 2011. Members shall serve for a term of 4
312 support organization is organized and operated to request, 341 years, with the first term ending July 1, 2015. However, if
313 receive, hold, invest, and administer property and to manage and 342 members of the Legislature are appointed to the direct-support
314 make expenditures for the operation of the activities, services, 343 organization task force, those members shall serve until the
315 functions, and programs of this state for economic and product 344 expiration of their legislative term and may be reappointed
316 research and development, joint planning with host communities 345 once. A vacancy shall be filled for the remainder of the
317 to accommodate military missions and prevent base encroachment, 346 unexpired term in the same manner as the initial appointment.
318 advocacy on the state’s behalf with federal civilian and 347 All members of the council are eligible for reappointment. A
319 military officials, assistance to school districts in providing 348 member who serves in the Legislature may participate in all
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349 direct-support organization task force activities but may only 378 216.177. If the chair and vice chair of the Legislative Budget
350 vote on matters that are advisory. 379 Commission, or the President of the Senate and the Speaker of
351 (c)(4) The President of the Senate and the Speaker of the 380 the House of Representatives, timely advise the direct-support
352 House of Representatives shall each designate one of their 381 organization in writing that such proposed contract is contrary
353 appointees to serve as chair of the direct-support organization 382 to legislative policy and intent, the direct-support
354 task force. The chair shall serve a 2-year term, rotating on 383 organization may not enter into such proposed contract. The
355 rotate each July 1 of each odd-numbered year. The appointee 384 direct-support organization may not divide one proposed contract
356 designated by the President of the Senate shall serve as initial 385 with a total cost of $750,000 or more into multiple contracts to
357 chair. If the Governor, instead of his or her designee, 386 circumvent the requirements of this paragraph.
358 participates in the activities of the direct-support 387 (b) Establish grant programs and administer grant awards to
359 organization task force, then the Governor shall serve as chair. 388 support its mission.
360 (d)(5) The Secretary of Commerce Economic Opportunity, or 389 (7) The department shall support the task force and
361 his or her designee, shall serve as the ex officio, nonvoting 390 contract with the task force for expenditure of appropriated
362 executive director of the direct-support organization task 391 funds, which may be used by the task force for economic and
363 force. 392 product research and development, joint planning with host
364 (4)(6) The direct-support organization task force shall 393 communities to accommodate military missions and prevent base
365 submit an annual progress report and work plan to the Governor, 394 encroachment, advocacy on the state’s behalf with federal
366 the President of the Senate, and the Speaker of the House of 395 civilian and military officials, assistance to school districts
367 Representatives each December February 1. 396 in providing a smooth transition for large numbers of additional
368 (5) The direct-support organization, in the performance of 397 military-related students, job training and placement for
369 its duties, may: 398 military spouses in communities with high proportions of active
370 (a) Make and enter into contracts and assume such other 399 duty military personnel, and promotion of the state to military
371 functions as are necessary to carry out the mission of the 400 and related contractors and employers. The task force may
372 direct-support organization and its contract with the 401 (c) Annually spend up to $250,000 of funds appropriated to
373 department, provided that any such contracts and assumptions are 402 the department for the direct-support organization task force
374 not inconsistent with this section or any other applicable 403 for staffing and administrative expenses of the direct-support
375 provision of law governing the direct-support organization. A 404 organization task force, including travel and per diem costs
376 proposed contract with a total cost of $750,000 or more is 405 incurred by direct-support organization task force members who
377 subject to the notice, review, and objection procedures of s. 406 are not otherwise eligible for state reimbursement.
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407 (6) This section is repealed October 1, 2029, unless 436 boards under s. 445.024(5) on increasing wages and employment
408 reviewed and saved from repeal by the Legislature. 437 over the long term. Of such funds retained at the state level,
409 Section 7. Paragraph (a) of subsection (3) of section 438 $2 million may be reserved for the Incumbent Worker Training
410 445.003, Florida Statutes, is amended to read: 439 Program created under subparagraph 3. Eligible state
411 445.003 Implementation of the federal Workforce Innovation 440 administration costs include the costs of funding for the state
412 and Opportunity Act.— 441 board and state board staff; operating fiscal, compliance, and
413 (3) FUNDING.— 442 management accountability systems through the department;
414 (a) Title I, Workforce Innovation and Opportunity Act 443 conducting evaluation and research on workforce development
415 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be 444 activities; and providing technical and capacity building
416 expended based on the 4-year plan of the state board. The plan 445 assistance to local workforce development areas at the direction
417 must outline and direct the method used to administer and 446 of the state board. Notwithstanding s. 445.004, such
418 coordinate various funds and programs that are operated by 447 administrative costs may not exceed 25 percent of these funds.
419 various agencies. The following provisions apply to these funds: 448 An amount not to exceed 75 percent of these funds shall be
420 1. At least 50 percent of the Title I funds for Adults and 449 allocated to Individual Training Accounts and other workforce
421 Dislocated Workers which are passed through to local workforce 450 development strategies for other training designed and tailored
422 development boards shall be allocated to and expended on 451 by the state board in consultation with the department,
423 Individual Training Accounts unless a local workforce 452 including, but not limited to, programs for incumbent workers,
424 development board obtains a waiver from the state board. 453 nontraditional employment, and enterprise zones. The state
425 Tuition, books, and fees of training providers and other 454 board, in consultation with the department, shall design, adopt,
426 training services prescribed and authorized by the Workforce 455 and fund Individual Training Accounts for distressed urban and
427 Innovation and Opportunity Act qualify as Individual Training 456 rural communities.
428 Account expenditures. 457 3. The Incumbent Worker Training Program is created for the
429 2. Fifteen percent of Title I funding shall be retained at 458 purpose of providing grant funding for continuing education and
430 the state level and dedicated to state administration and shall 459 training of incumbent employees at existing Florida businesses.
431 be used to design, develop, induce, fund, and evaluate the long- 460 The program will provide reimbursement grants to businesses that
432 term impact of innovative Individual Training Account pilots, 461 pay for preapproved, direct, training-related costs. For
433 demonstrations, and programs to enable participants to attain 462 purposes of this subparagraph, the term “businesses” includes
434 self-sufficiency and to evaluate the effectiveness of 463 hospitals and health care facilities operated by nonprofit or
435 performance-based contracts used by local workforce development 464 local government entities which provide nursing or allied health
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465 care opportunities to acquire new or improved skills. 494 costs not to exceed 5 percent of the grant amount.
466 a. The Incumbent Worker Training Program will be 495 d. A business that is selected to receive grant funding
467 administered by CareerSource Florida, Inc., which may, at its 496 must provide a matching contribution to the training project,
468 discretion, contract with a private business organization to 497 including, but not limited to, wages paid to trainees or the
469 serve as grant administrator. 498 purchase of capital equipment used in the training project; must
470 b. The program shall be administered under s. 134(d)(4) of 499 sign an agreement with CareerSource Florida, Inc., or the grant
471 the Workforce Innovation and Opportunity Act. Funding priority 500 administrator to complete the training project as proposed in
472 shall be given in the following order: 501 the application; must keep accurate records of the project’s
473 (I) Businesses that provide employees with opportunities to 502 implementation process; and must submit monthly or quarterly
474 acquire new or improved skills by earning a credential on the 503 reimbursement requests with required documentation.
475 Master Credentials List. 504 e. All Incumbent Worker Training Program grant projects
476 (II) Hospitals or health care facilities operated by 505 shall be performance-based with specific measurable performance
477 nonprofit or local government entities that provide nursing 506 outcomes, including completion of the training project and job
478 opportunities in health care to acquire new or improved skills. 507 retention. CareerSource Florida, Inc., or the grant
479 (III) Businesses whose grant proposals represent a 508 administrator shall withhold the final payment to the grantee
480 significant upgrade in employee skills. 509 until a final grant report is submitted and all performance
481 (IV) Businesses with 25 employees or fewer, businesses in 510 criteria specified in the grant contract have been achieved.
482 rural areas, and businesses in distressed inner-city areas. 511 f. The state board may establish guidelines necessary to
483 (V) Businesses in a qualified targeted industry or 512 implement the Incumbent Worker Training Program.
484 businesses whose grant proposals represent a significant layoff 513 g. No more than 10 percent of the Incumbent Worker Training
485 avoidance strategy. 514 Program’s total appropriation may be used for overhead or
486 c. All costs reimbursed by the program must be preapproved 515 indirect purposes.
487 by CareerSource Florida, Inc., or the grant administrator. The 516 4. At least 50 percent of Rapid Response funding shall be
488 program may not reimburse businesses for trainee wages, the 517 dedicated to Intensive Services Accounts and Individual Training
489 purchase of capital equipment, or the purchase of any item or 518 Accounts for dislocated workers and incumbent workers who are at
490 service that may possibly be used outside the training project. 519 risk of dislocation. The department shall also maintain an
491 A business approved for a grant may be reimbursed for 520 Emergency Preparedness Fund from Rapid Response funds, which
492 preapproved, direct, training-related costs including tuition, 521 will immediately issue Intensive Service Accounts, Individual
493 fees, books and training materials, and overhead or indirect 522 Training Accounts, and other federally authorized assistance to
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523 eligible victims of natural or other disasters. At the direction 552 (2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An
524 of the Governor, these Rapid Response funds shall be released to 553 acknowledgment or a proof taken, administered, or made outside
525 local workforce development boards for immediate use after 554 of this state but within the United States may be taken,
526 events that qualify under federal law. Funding shall also be 555 administered, or made by or before a civil-law notary of this
527 dedicated to maintain a unit at the state level to respond to 556 state or a commissioner of deeds appointed by the Secretary of
528 Rapid Response emergencies and to work with state emergency 557 Commerce Governor of this state; by a judge or clerk of any
529 management officials and local workforce development boards. All 558 court of the United States or of any state, territory, or
530 Rapid Response funds must be expended based on a plan developed 559 district; by or before a United States commissioner or
531 by the state board in consultation with the department and 560 magistrate; or by or before any notary public, justice of the
532 approved by the Governor. 561 peace, master in chancery, or registrar or recorder of deeds of
533 Section 8. Paragraph (a) of subsection (3) of section 562 any state, territory, or district having a seal, and the
534 445.004, Florida Statutes, is amended to read: 563 certificate of acknowledgment or proof must be under the seal of
535 445.004 CareerSource Florida, Inc., and the state board; 564 the court or officer, as the case may be. If the acknowledgment
536 creation; purpose; membership; duties and powers.— 565 or proof is taken, administered, or made by or before a notary
537 (3)(a) Members of the state board described in Pub. L. No. 566 public who does not affix a seal, it is sufficient for the
538 113-128, Title I, s. 101(b)(1)(C)(iii)(I)(aa) are voting 567 notary public to type, print, or write by hand on the
539 nonvoting members. The number of members is determined by the 568 instrument, “I am a Notary Public of the State of ...(state)...,
540 Governor, who shall consider the importance of minority, gender, 569 and my commission expires on ...(date)....”
541 and geographic representation in making appointments to the 570 (3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN
542 state board. When the Governor is in attendance, he or she shall 571 COUNTRIES.—An acknowledgment, an affidavit, an oath, a
543 preside at all meetings of the state board. 572 legalization, an authentication, or a proof taken, administered,
544 Section 9. Subsections (2) and (3) of section 695.03, 573 or made outside the United States or in a foreign country may be
545 Florida Statutes, are amended to read: 574 taken, administered, or made by or before a commissioner of
546 695.03 Acknowledgment and proof; validation of certain 575 deeds appointed by the Secretary of Commerce Governor of this
547 acknowledgments; legalization or authentication before foreign 576 state to act in such country; before a notary public of such
548 officials.—To entitle any instrument concerning real property to 577 foreign country or a civil-law notary of this state or of such
549 be recorded, the execution must be acknowledged by the party 578 foreign country who has an official seal; before an ambassador,
550 executing it, proved by a subscribing witness to it, or 579 envoy extraordinary, minister plenipotentiary, minister,
551 legalized or authenticated in one of the following forms: 580 commissioner, charge d’affaires, consul general, consul, vice
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581 consul, consular agent, or other diplomatic or consular officer 610 to approve or disapprove of the proposal to preserve the
582 of the United States appointed to reside in such country; or 611 residential community. The submission to the department must
583 before a military or naval officer authorized by 10 U.S.C. s. 612 include:
584 1044a to perform the duties of notary public, and the 613 (a) The full text of the proposed revived declaration of
585 certificate of acknowledgment, legalization, authentication, or 614 covenants and articles of incorporation and bylaws of the
586 proof must be under the seal of the officer. A certificate 615 homeowners’ association.;
587 legalizing or authenticating the signature of a person executing 616 (b) A verified copy of the previous declaration of
588 an instrument concerning real property and to which a civil-law 617 covenants and other previous governing documents for the
589 notary or notary public of that country has affixed her or his 618 community, including any amendments thereto.;
590 official seal is sufficient as an acknowledgment. For the 619 (c) The legal description of each parcel to be subject to
591 purposes of this section, the term “civil-law notary” means a 620 the revived declaration and other governing documents and a plat
592 civil-law notary as defined in chapter 118 or an official of a 621 or other graphic depiction of the affected properties in the
593 foreign country who has an official seal and who is authorized 622 community.;
594 to make legal or lawful the execution of any document in that 623 (d) A verified copy of the written consents of the
595 jurisdiction, in which jurisdiction the affixing of her or his 624 requisite number of the affected parcel owners approving the
596 official seal is deemed proof of the execution of the document 625 revived declaration and other governing documents or, if
597 or deed in full compliance with the laws of that jurisdiction. 626 approval was obtained by a vote at a meeting of affected parcel
598 Section 10. Section 720.406, Florida Statutes, is amended 627 owners, verified copies of the notice of the meeting,
599 to read: 628 attendance, and voting results.;
600 720.406 Department of Commerce Economic Opportunity; 629 (e) An affidavit by a current or former officer of the
601 submission; review and determination.— 630 association or by a member of the organizing committee verifying
602 (1) Within No later than 60 days after obtaining valid 631 that the requirements for the revived declaration set forth in
603 written consent from a majority of the affected parcel owners, 632 s. 720.404 have been satisfied.; and
604 or within 60 days after the date the proposed revived 633 (f) Such other documentation that the organizing committee
605 declaration and other governing documents are approved by the 634 believes is supportive of the policy of preserving the
606 affected parcel owners by vote at a meeting, the organizing 635 residential community and operating, managing, and maintaining
607 committee or its designee must submit the proposed revived 636 the infrastructure, aesthetic character, and common areas
608 governing documents and supporting materials to the Department 637 serving the residential community.
609 of Commerce Economic Opportunity to review and determine whether 638 (2) Within No later than 60 days after receiving the
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639 submission, the department must determine whether the proposed 668 plan located within this state; provided such instrument or
640 revived declaration of covenants and other governing documents 669 writing is executed outside the United States. Such
641 comply with the requirements of this act. 670 acknowledgments, proofs of execution, and oaths must be taken or
642 (a) If the department determines that the proposed revived 671 made in the manner directed by the laws of this state,
643 declaration and other governing documents comply with the act 672 including, but not limited to, s. 117.05(4), (5)(a), and (6),
644 and have been approved by the parcel owners as required by this 673 Florida Statutes 1997, and certified by a commissioner of deeds.
645 act, the department shall notify the organizing committee in 674 The certification must be endorsed on or annexed to the
646 writing of its approval. 675 instrument or writing aforesaid and has the same effect as if
647 (b) If the department determines that the proposed revived 676 made or taken by a notary public licensed in this state.
648 declaration and other governing documents do not comply with, 677 Section 12. This act shall take effect July 1, 2024.
649 this act or have not been approved as required by, this act, the
650 department shall notify the organizing committee in writing that
651 it does not approve the governing documents and shall state the
652 reasons for the disapproval.
653 Section 11. Subsection (1) of section 721.97, Florida
654 Statutes, is amended to read:
655 721.97 Timeshare commissioner of deeds.—
656 (1) The Secretary of Commerce Governor may appoint
657 commissioners of deeds to take acknowledgments, proofs of
658 execution, or oaths in any foreign country, in international
659 waters, or in any possession, territory, or commonwealth of the
660 United States outside the 50 states. The term of office is 4
661 years. Commissioners of deeds shall have authority to take
662 acknowledgments, proofs of execution, and oaths in connection
663 with the execution of any deed, mortgage, deed of trust,
664 contract, power of attorney, or any other writing to be used or
665 recorded in connection with a timeshare estate, personal
666 property timeshare interest, timeshare license, any property
667 subject to a timeshare plan, or the operation of a timeshare
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The Florida Senate
Gommittee Agenda Request
To: Senator Jay Trumbull, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: January 10,2024
I respectfully request that Senate B,ill#1420, relating to Department of Commerce, be placed on
the:
n committee agenda at your earliest possible convenience.
X next committee agenda.
Senator Danny Btrgess
Florida Senate, District 23
File signed originalwith committee office s-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1748
INTRODUCER: Senator Brodeur
SUBJECT: Tourist Development Tax
DATE: January 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 1748 prohibits a tourist development council’s plan for tourist development, which is
required for the allocation of tourist development tax revenue, from allocating more than 25
percent of the tax revenue received for a fiscal year to fund an individual project unless the
governing board of the county approves the use by a supermajority vote.
The bill takes effect July 1, 2024.
II. Present Situation:
Tourist Development Taxes
Pursuant to the Local Option Tourist Development Act,1 counties are authorized to levy five
separate taxes on transient rental2 transactions (tourist development taxes or TDTs). Depending
on a county’s eligibility to levy such taxes, the maximum potential tax rate varies:
The original TDT may be levied at the rate of 1 or 2 percent.3
An additional 1 percent tax may be levied by counties who have previously levied the
original TDT at the 1 or 2 percent rate for at least three years.4
1
Section 125.0104, F.S.
2
Section 125.0104(3)(a)1., F.S., considers “transient rental” to be the rental or lease of any accommodation for a term of six
months or less.
3
Section 125.0104(3)(c), F.S. All 67 of Florida’s counties are eligible to levy this tax, but only 62 counties have done so, all
at a rate of 2 percent. Office of Economic and Demographic Research (EDR), 2024 Local Option Tourist Tax Rates,
http://edr.state.fl.us/Content/local-government/data/county-municipal/2024LOTTrates.pdf (last visited Jan 22, 2024). These
counties are estimated to realize $583 million in revenue from these taxes in the 2023-2024 fiscal year. EDR 2023 Florida
Tax Handbook, p. 289, http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2023.pdf (last visited Jan.
22, 2024).
4
Section 125.0104(3)(d), F.S. Fifty-six of the eligible 59 counties levy this tax, with an estimated 2023-2024 state fiscal year
collection of $254 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at.293.
BILL: SB 1748 Page 2
A high tourism impact tax may be levied at an additional 1 percent.5
A professional sports franchise facility tax may be levied up to an additional 1 percent.6
An additional professional sports franchise facility tax no greater than 1 percent may be
imposed by a county that has already levied the professional sports franchise facility tax.7
TDT Process
Each county that levies the original 1 or 2 percent TDT is required to have a tourist development
council consisting of county residents who are appointed by the county governing board.8 The
tourist development council makes recommendations to the county governing board for the
effective operation of special projects or for uses of the TDT revenue.9
Prior to the authorization of the original 1 or 2 percent TDT, the levy must be approved by a
countywide referendum held at a general election,10 and additional TDT levies must be
authorized by a vote of the county’s governing board or by voter approval in a countywide
referendum.11 Each county proposing to levy the original 1 or 2 percent tax must then adopt an
ordinance for the levy and imposition of the tax,12 which must include a plan for tourist
development prepared by the tourist development council.13 The plan must include the
anticipated net tax revenue to be derived by the county for the two years following the tax levy,
the tax district in which the enactment or renewal of the ordinance levying and imposing the
TDT is proposed; and a list of the proposed uses of the tax and the approximate cost for each
project or use.14 The plan must also include the approximate cost or expense allocation for each
specific project or special use.15 The county governing board must adopt the plan as part of the
ordinance levying the tax. The plan may not be substantially amended except by ordinance
enacted by an affirmative vote of a majority plus one additional member of the governing
board.16
TDT Uses
The revenues derived from TDTs may be used for:17
5
Section 125.0104(3)(m), F.S. Ten of the 14 eligible counties levy this tax with an estimated 2023-2024 state fiscal
collection of $161 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at 300.
6
Section 125.0104(3)(l), F.S. Revenue can be used to pay debt service on bonds for the construction or renovation of
professional sports franchise facilities, spring training facilities or professional sports franchises, and convention centers and
to promote and advertise tourism. Forty-six of the 67 counties levy this additional tax, with an estimated 2023-2024 state
fiscal year collection of $259 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at 297.
7
Section 125.0104(3)(n), F.S. Thirty-six of the eligible 65 counties levy the additional professional sports franchise facility
tax, with an estimated 2023-2024 state fiscal year collection of $226 million in revenue. EDR 2023 Florida Tax Handbook,
supra note 3 at 303.
8
Section 125.0104(4)(e), F.S.
9
Id.
10
Section 125.0104(6), F.S.
11
Section 125.0104(3)(d), F.S.
12
Section 125.0104(4)(a), F.S.
13
Section 125.0104(4), F.S.
14
Section 125.0104(4)(c), F.S.
15
Id.
16
Section 125.0104(4)(d), F.S. The provisions found in s. 125.0104(4)(a)-(d), F.S., do not apply to the high tourism impact
tax, the professional sports franchise facility tax, or the additional professional sports franchise facility tax.
17
Section 125.0104(5), F.S.
BILL: SB 1748 Page 3
The acquisition, construction, extension, enlargement, remodeling, repair, or improvement of
a publicly owned and operated convention center, sports stadium, sports arena, coliseum,
auditorium, aquarium, or a museum that is publicly owned and operated or owned and
operated by a not-for-profit organization, or promotion of a zoo.
Promoting and advertising tourism in the state.
Funding of convention bureaus, tourist bureaus, tourist information centers, and news
bureaus as county agencies, or by contract with chambers of commerce or similar
associations in the county.
Financing beach park facilities or beach improvement, maintenance, renourishment,
restoration, and erosion control, including shoreline protection, enhancement, cleanup or
restoration of inland lakes and rivers to which there is public access as those uses relate to the
physical preservation of the beach, shoreline, or inland lake or river.18
In counties with populations less than 950,000, the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement, maintenance, operation, or promotion of
zoos, fishing piers, or nature centers which are publicly owned and operated or owned and
operated by a not-for-private organization and open to the public.19
Securing revenue bonds issued by the county for the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement of a publicly owned and operated
convention center, sports stadium, sports arena, coliseum, auditorium, aquarium, or a
museum, or financing beach park facilities or beach improvement, maintenance,
renourishment, restoration, and erosion control.
III. Effect of Proposed Changes:
The bill amends s. 125.0104, F.S., to prohibit a tourist development plan from allocating more
than 25 percent of the tax revenue received for a fiscal year to fund an individual project unless
the governing board of the county approves the use by a supermajority vote.
The bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, section 18 of the Florida Constitution requires a two-thirds vote of the
membership of each house of the Legislature to pass legislation requiring counties and
municipalities to spend funds, limiting their ability to raise revenue, or reducing the
percentage of a state tax shared with them. This bill does not require counties or
municipalities to spend funds, limit their authority to raise revenue, or reduce the
percentage of a state tax shared with them as specified in Article VII, section 18 of the
Florida Constitution. Therefore, the provisions of Article VII, section 18 of the Florida
Constitution do not apply.
18
In counties with populations less than 100,000, up to 10 percent of TDT revenues may be used for financing beach park
facilities. See s. 125.0104(5)(a), F.S.
19
Section 125.0104(5)(b), F.S.
BILL: SB 1748 Page 4
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
The bill does not create or raise a state tax or fee. Therefore, the requirements of Art. VII,
s. 19 of the Florida Constitution do not apply.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 125.0104 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
BILL: SB 1748 Page 5
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 SB 1748 Florida Senate - 2024 SB 1748
By Senator Brodeur
10-00727-24 20241748__ 10-00727-24 20241748__
1 A bill to be entitled 30 plan may not allocate more than 25 percent of the tax revenue
2 An act relating to tourist development tax; amending 31 received for a fiscal year to fund an individual project unless
3 s. 125.0104, F.S.; prohibiting a plan for tourist 32 the governing board of the county approves such use by
4 development from allocating more than a certain 33 supermajority vote.
5 percentage of the tax revenue to an individual project 34 Section 2. This act shall take effect July 1, 2024.
6 unless the governing board of the county approves such
7 use by supermajority vote; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (c) of subsection (4) of section
13 125.0104, Florida Statutes, is amended to read:
14 125.0104 Tourist development tax; procedure for levying;
15 authorized uses; referendum; enforcement.—
16 (4) ORDINANCE LEVY TAX; PROCEDURE.—
17 (c) Before a referendum to enact or renew the ordinance
18 levying and imposing the tax, the county tourist development
19 council shall prepare and submit to the governing board of the
20 county for its approval a plan for tourist development. The plan
21 shall set forth the anticipated net tourist development tax
22 revenue to be derived by the county for the 24 months following
23 the levy of the tax; the tax district in which the enactment or
24 renewal of the ordinance levying and imposing the tourist
25 development tax is proposed; and a list, in the order of
26 priority, of the proposed uses of the tax revenue by specific
27 project or special use as the same are authorized under
28 subsection (5). The plan shall include the approximate cost or
29 expense allocation for each specific project or special use. The
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
THE FLORIDA SENATE COMMITTEES
Appropriations Committee on Agriculture,
Environment, and General Government, Chal
Tallahassee, Florida 32399-1 100 Health Policy, Vice Chait
Appropriations
Appropriations Committee on Health
and Human SeNices
Children, Families, and Elder Affairs
Community Affairs
Regulated lndustries
Rules
JOINT GOMMITTEE:
Joint Legislative Auditing Committee
SENATOR JASON BRODEUR
1Oth District
January 11,2024
The Honorable Jay Trumbull
Chair, Committee on Commerce and Tourism
313 Senate Building
404 South Monroe Street
Tallahassee, FL 32399-1 100
Dear Chair Trumbull,
I respectfully request that Senate Bitl 1748, Tourist Development Tax, be placed on the agenda
of the Commerce and Tourism Committee meeting to be considered at your earliest convenience.
If you have any questions or concerns, please do not hesitate to reach out to me or my offrce.
Sincerely,
Senator Jason Brodeur - District 10
CC: Todd McKay - Staff Director
Jennifer Renner - Deputy Staff Director
Renita Hayes - Administrative Assistant
REPLY TO:
O 110 Timberlachen Circle, Suite 1012, Lake Mary, Florida32746 (407) 333-1802
D 405 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1'100 (850) 487-5010
Senate's Website. www.flsenate.gov
KATHLEEN PASSIDOMO DENNIS BAXLEY
President of the Senate President Pro Tempore
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 58
INTRODUCER: Commerce and Tourism Committee and Senator Stewart
SUBJECT: Sales Tax Holiday for Items Related to Electric Transportation
DATE: January 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Fav/CS
2. FT
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 58 exempts from the sales and use tax the retail sale of electric bicycles, electric scooters,
and protective clothing and equipment during the 45-day period from August 1, 2024, through
September 14, 2024, and the 45-day period from November 1, 2024, through December 15,
2024.
The sales price is limited to:
$1,750 or less for electric bicycles;
$500 or less for electric scooters;
$150 or less for helmets;
$50 or less for knee and elbow pads;
$75 or less for shirts, pants, jackets, or gloves.
The exemption does not apply to sales within a theme park or entertainment complex, within a
public lodging establishment, or within an airport. The lease or rental of an electric bicycle,
electric scooter, or protective clothing and equipment does not qualify as an exempt retail sale
under the exemption.
The Revenue Estimating Conference has not reviewed the bill.
The bill takes effect upon becoming a law.
BILL: CS/SB 58 Page 2
II. Present Situation:
Florida Sales and Use Tax
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,1 admissions,2 transient rentals,3 and a limited number of services, and a 5.5 percent
sales and use tax on the rental of commercial real estate.4 Chapter 212, F.S., contains provisions
authorizing the levy and collection of Florida’s sale and use tax, as well as the exemptions and
credits applicable to certain items or uses under specified circumstances. Sales tax is added to the
price of the taxable good or service and collected from the purchaser at the time of sale.5
Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales
tax.6 A surtax applies to “all transactions occurring in the county which transactions are subject
to the state tax imposed on sales, use, services, rentals, admissions, and other transactions by [ch.
212, F.S.], and communications services as defined in ch. 202.”7 The discretionary sales surtax is
based on the tax rate imposed by the county where the taxable goods or services are sold or
delivered. Discretionary sales surtax rates currently levied vary by county in a range of 0.0 to 1.5
percent.8
Electric-powered bicycles and scooters, helmets, knee and elbow pads, shirts, pants, jackets, and
gloves are subject to Florida sales tax. However, the sale of bicycle helmets marketed for use by
youth are exempt from the sales and use tax.9
Electric Bicycles and Scooters
Florida law defines the term “electric bicycle” as a bicycle or tricycle equipped with fully
operable pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750
watts which meets the requirements of one of the following three classifications:
“Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 20 miles per hour.
“Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used
exclusively to propel the electric bicycle and that ceases to provide assistance when the
electric bicycle reaches the speed of 20 miles per hour.
“Class 3 bicycle” means an electric bicycle equipped with a motor that provides assistance
only when the rider is pedaling and that ceases to provide assistance when the electric bicycle
reaches the speed of 28 miles per hour.10
1
Section 212.05(1)(a)1.a., F.S.
2
Section 212.04(1)(b), F.S.
3
Section 212.03(1)(a), F.S.
4
Section 212.031, F.S.
5
Section 212.07(2), F.S.
6
Section 212.055, F.S.
7
Section 212.054(2)(a), F.S.
8
Florida Department of Revenue, Discretionary Sales Surtax Information for Calendar Year 2024,
https://floridarevenue.com/Forms_library/current/dr15dss_24.pdf (last visited Jan. 23, 2024).
9
Section 212.08(7)(lll), F.S.
10
Section 316.003(23), F.S.
BILL: CS/SB 58 Page 3
A “motorized scooter” (also referred to as an electric scooter) is defined as any vehicle or
micromobility device11 that is powered by a motor with or without a seat or saddle for the use of
the rider, which is designed to travel on not more than three wheels, and which is not capable of
propelling the vehicle at a speed greater than 20 miles per hour on level ground.12
Over the years electric scooters and bicycles have become a popular transportation option,
especially for those who live in cities.13 They also offer an alternative mode of transportation for
people who would otherwise be prevented from using more traditional modes of transportation.14
III. Effect of Proposed Changes:
The bill exempts from the sales and use tax the retail sale of electric bicycles, electric scooters,
and protective clothing and equipment during the 45-day period from August 1, 2024, through
September 14, 2024, and the 45-day period from November 1, 2024, through December 15,
2024.
The sales price is limited to:
$1,750 or less for electric bicycles;
$500 or less for electric scooters;
$150 or less for helmets;
$50 or less for knee and elbow pads;
$75 or less for shirts, pants, jackets, or gloves.
The bill specifies that the sales tax exemption does not apply to sales within a theme park or
entertainment complex,15 within a public lodging establishment,16 or within an airport.17 The
lease or rental of an electric bicycle, electric scooter, or protective clothing and equipment does
not qualify as an exempt retail sale under the exemption.
The Department of Revenue is authorized to adopt emergency rules.
The bill takes effect upon becoming a law.
11
The term “micromobility device” is defined as any motorized transportation device made available for private use by
reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at
a speed greater than 20 miles per hour on level ground. The term includes motorized scooters and bicycles. Section
316.003(41), F.S.
12
Section 316.003(48), F.S.
13
U.S. Department of Transportation, Federal Highway Administration, Public Roads- 2021,
https://highways.dot.gov/public-roads/spring-
2021/02#:~:text=Other%20definitions%20of%20micromobility%20focus,%5B1%20meter%5D%20wide). (last visited Jan.
23, 2024).
14
Id.
15
See section 509.013(9), F.S.
16
. See section 509.013(4), F.S.
17
. See section 330.27(2), F.S.
BILL: CS/SB 58 Page 4
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds, limit the ability of counties and municipalities to raise
revenue, or reduce the percentage of state tax shared with counties and municipalities.
Subsection (b) of Art. VII, s. 18 of the Florida Constitution provides that except upon
approval of each house of the Legislature by two-thirds vote of the membership, the
legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate, as such authority existed on February 1, 1989. However, the
mandates requirements do not apply to laws having an insignificant impact,18,19 which is
$2.3 million or less for Fiscal Year 2024-2025.20
The Revenue Estimating Conference has not reviewed the bill.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
Section 19 of Article VII, Florida Constitution requires increased taxes or fees to be
passed in a separate bill and by two-thirds vote of the membership of each house of the
Legislature. This bill does not increase any taxes or fees; therefore, the increased tax or
fee requirements do not apply.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not reviewed this bill.
18
FLA. CONST. art. VII, s. 18(d).
19
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited Jan.
23, 2024).
20
Based on the Demographic Estimating Conference’s estimated population adopted on July 11, 2023,
http://edr.state.fl.us/Content/conferences/population/archives/230711demographic.pdf (last visited Jan. 23, 2024).
BILL: CS/SB 58 Page 5
B. Private Sector Impact:
The private sector will experience reduced costs associated with the purchase of electric
bicycles and scooters vehicles and related personal safety equipment due to the sales and
use tax exemption provided in this legislation.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on January 23, 2024:
The committee substitute exempts from the sales and use tax the retail sale of electric
bicycles, electric scooters, and protective clothing and equipment, up to certain dollar
amounts, during the 45-day period from August 1, 2024 through September 14, 2024, and
the 45-day period from November 1, 2024 through December, 15, 2024.
The committee substitute specifies that the sales tax exemption does not apply to sales
within a theme park or entertainment complex, within a public lodging establishment, or
within an airport. The lease or rental of an electric bicycle, electric scooter, or protective
clothing and equipment does not qualify as an exempt retail sale under the exemption.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 58 Bill No. SB 58
Ì258478\Î258478 Ì258478\Î258478
LEGISLATIVE ACTION 11 wheels, with or without a seat or saddle, which is equipped to
Senate . House 12 be propelled by a motor and which weighs less than 75 pounds, is
Comm: FAV . 13 less than 2 feet wide, and is designed for a maximum speed of
01/23/2024 . 14 less than 35 miles per hour.
. 15 (c) “Protective clothing and equipment” means apparel
. 16 designed and intended for use during the operation of an
. 17 electric bicycle or electric scooter which incorporates padding
18 to protect from or mitigate injury.
19 (2) The tax levied under chapter 212, Florida Statutes, may
20 not be collected during the period from August 1, 2024, through
21 September 14, 2024, and November 1, 2024, through December 15,
22 2024, on the retail sale of:
23 (a) An electric bicycle with a sales price of $1,750 or
24 less.
25 (b) An electric scooter with a sales price of $500 or less.
The Committee on Commerce and Tourism (Stewart) recommended the 26 (c) The following protective clothing and equipment:
following: 27 1. A helmet with a sales price of $150 or less.
28 2. Knee pads with a sales price of $50 or less.
1 Senate Amendment (with title amendment) 29 3. Elbow pads with a sales price of $50 or less.
2 30 4. A shirt, pants, a jacket, or gloves with a sales price
3 Delete everything after the enacting clause 31 of $75 or less.
4 and insert: 32 (3) The tax exemptions provided in this section do not
5 Section 1. Electric bicycles, electric scooters, and 33 apply to sales within a theme park or entertainment complex as
6 protective clothing and equipment; sales tax holiday.— 34 defined in s. 509.013(9), Florida Statutes, within a public
7 (1) For the purposes of this section, the term: 35 lodging establishment as defined in s. 509.013(4), Florida
8 (a) “Electric bicycle” has the same meaning as in s. 36 Statutes, or within an airport as defined in s. 330.27, Florida
9 316.003, Florida Statutes. 37 Statutes.
10 (b) “Electric scooter” means a vehicle having two or fewer 38 (4) The lease or rental of an electric bicycle, an electric
39 scooter, or protective clothing and equipment does not qualify
Page 1 of 3 Page 2 of 3
1/19/2024 2:10:03 PM 577-02245-24 1/19/2024 2:10:03 PM 577-02245-24
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 58
Ì258478\Î258478
40 as an exempt retail sale under this exemption.
41 (5) The Department of Revenue is authorized, and all
42 conditions are deemed met, to adopt emergency rules pursuant to
43 s. 120.54(4), Florida Statutes, for the purpose of implementing
44 this section. Notwithstanding any other law to the contrary,
45 emergency rules adopted under this section are effective for the
46 length of the exemption period and may be renewed during
47 pendency of procedures to adopt permanent rules addressing the
48 subject of the emergency rules.
49 Section 2. This act shall take effect upon becoming a law.
50
51 ================= T I T L E A M E N D M E N T ================
52 And the title is amended as follows:
53 Delete everything before the enacting clause
54 and insert:
55 A bill to be entitled
56 An act relating to a sales tax holiday for items
57 related to electric transportation; defining the terms
58 “electric bicycle,” “electric scooter,” and
59 “protective clothing and equipment”; providing a sales
60 tax exemption during specified periods on the retail
61 sale of certain electric bicycles, electric scooters,
62 and protective clothing and equipment; providing
63 applicablity; authorizing the Department of Revenue to
64 adopt emergency rules; providing an effective date.
Page 3 of 3
1/19/2024 2:10:03 PM 577-02245-24
Florida Senate - 2024 SB 58 Florida Senate - 2024 SB 58
By Senator Stewart
17-00055B-24 202458__ 17-00055B-24 202458__
1 A bill to be entitled 30 (3) The Department of Revenue is authorized, and all
2 An act relating to a sales tax holiday for 31 conditions are deemed met, to adopt emergency rules pursuant to
3 micromobility vehicles and related personal safety 32 s. 120.54(4), Florida Statutes, for the purpose of implementing
4 equipment; providing a sales tax exemption during a 33 this section.
5 specified period on the retail sale of micromobility 34 Section 2. This act shall take effect upon becoming a law.
6 vehicles and related personal safety equipment;
7 defining the terms “micromobility vehicle” and
8 “related personal safety equipment”; authorizing the
9 Department of Revenue to adopt emergency rules;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Micromobility vehicles and related personal
15 safety equipment; sales tax holiday.—
16 (1) The tax levied under chapter 212, Florida Statutes, may
17 not be collected during the period from July 1, 2024, through
18 January 1, 2025, on the retail sale of micromobility vehicles
19 and related personal safety equipment.
20 (2) As used in this section, the term:
21 (a) “Micromobility vehicle” means a human- or electric-
22 powered transportation device, including a bicycle, a scooter,
23 an electric-assist bicycle, an electric scooter, or other small,
24 lightweight, wheeled conveyance, that weighs less than 500
25 pounds, is less than 3 feet in width, and is designed for a
26 maximum speed of less than 35 miles per hour.
27 (b) “Related personal safety equipment” includes helmets,
28 knee pads, elbow pads, and other personal safety equipment used
29 for the operation of a micromobility vehicle.
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 58
Ì258478\Î258478
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
01/23/2024 .
.
.
.
The Committee on Commerce and Tourism (Stewart) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Electric bicycles, electric scooters, and
6 protective clothing and equipment; sales tax holiday.—
7 (1) For the purposes of this section, the term:
8 (a) “Electric bicycle” has the same meaning as in s.
9 316.003, Florida Statutes.
10 (b) “Electric scooter” means a vehicle having two or fewer
Page 1 of 3
1/19/2024 2:10:03 PM 577-02245-24
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 58
Ì258478\Î258478
11 wheels, with or without a seat or saddle, which is equipped to
12 be propelled by a motor and which weighs less than 75 pounds, is
13 less than 2 feet wide, and is designed for a maximum speed of
14 less than 35 miles per hour.
15 (c) “Protective clothing and equipment” means apparel
16 designed and intended for use during the operation of an
17 electric bicycle or electric scooter which incorporates padding
18 to protect from or mitigate injury.
19 (2) The tax levied under chapter 212, Florida Statutes, may
20 not be collected during the period from August 1, 2024, through
21 September 14, 2024, and November 1, 2024, through December 15,
22 2024, on the retail sale of:
23 (a) An electric bicycle with a sales price of $1,750 or
24 less.
25 (b) An electric scooter with a sales price of $500 or less.
26 (c) The following protective clothing and equipment:
27 1. A helmet with a sales price of $150 or less.
28 2. Knee pads with a sales price of $50 or less.
29 3. Elbow pads with a sales price of $50 or less.
30 4. A shirt, pants, a jacket, or gloves with a sales price
31 of $75 or less.
32 (3) The tax exemptions provided in this section do not
33 apply to sales within a theme park or entertainment complex as
34 defined in s. 509.013(9), Florida Statutes, within a public
35 lodging establishment as defined in s. 509.013(4), Florida
36 Statutes, or within an airport as defined in s. 330.27, Florida
37 Statutes.
38 (4) The lease or rental of an electric bicycle, an electric
39 scooter, or protective clothing and equipment does not qualify
Page 2 of 3
1/19/2024 2:10:03 PM 577-02245-24
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 58
Ì258478\Î258478
40 as an exempt retail sale under this exemption.
41 (5) The Department of Revenue is authorized, and all
42 conditions are deemed met, to adopt emergency rules pursuant to
43 s. 120.54(4), Florida Statutes, for the purpose of implementing
44 this section. Notwithstanding any other law to the contrary,
45 emergency rules adopted under this section are effective for the
46 length of the exemption period and may be renewed during
47 pendency of procedures to adopt permanent rules addressing the
48 subject of the emergency rules.
49 Section 2. This act shall take effect upon becoming a law.
50
51 ================= T I T L E A M E N D M E N T ================
52 And the title is amended as follows:
53 Delete everything before the enacting clause
54 and insert:
55 A bill to be entitled
56 An act relating to a sales tax holiday for items
57 related to electric transportation; defining the terms
58 “electric bicycle,” “electric scooter,” and
59 “protective clothing and equipment”; providing a sales
60 tax exemption during specified periods on the retail
61 sale of certain electric bicycles, electric scooters,
62 and protective clothing and equipment; providing
63 applicablity; authorizing the Department of Revenue to
64 adopt emergency rules; providing an effective date.
Page 3 of 3
1/19/2024 2:10:03 PM 577-02245-24
The Florida Senate
Committee Agenda Request
To: Senator, Chair Trumbull
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: October 17,2023
I respectfully request that Senate Bill #58, relating to a Sales Tax Holiday for Micromobility
Vehicles and Related Personal Safety Equipment, be placed on:
X committee agenda at your earliest possible convenience.
next committee agenda.
Senator Linda Stewart
Florida Senate, District l7
File signed original with committee office s-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1260
INTRODUCER: Senator Trumbull
SUBJECT: Verification of Reemployment Assistance Benefit Eligibility
DATE: January 24, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 1260 makes a number of changes to reemployment assistance eligibility requirements. The
bill changes benefit eligibility conditions as follows:
Requires that non-Florida residents seeking reemployment assistance benefits report to
workforce centers in their state of residence.
Removes language explicitly stating that the online skills assessment offered by the
Department of Commerce (the department) is voluntary.
Requires that weekly, a claimant must complete at least one job application in person with an
employer that has an expected job opening, and must certify and attest biweekly that they
will appear for all scheduled interviews and actively seek work.
The bill adds more conditions that can disqualify an individual from receiving benefits including:
Failing to contact at least five prospective employers per week, unless otherwise exempt;
Failing to appear on three or more occasions for a scheduled job interview;
Failing to accept suitable work within 2 business days of being offered; or
Failing to return to the individual’s self-employment when directed by the department, or
when recalled to work by his or her former employer.
The department must maintain a web page and e-mail address for employers to report known or
suspected violations of the disqualification for benefits provisions, and notify employers of the
web page and e-mail address.
Additionally, the bill creates a new section in chapter 443, F.S., which requires the department to
verify the identity of each claimant who applies for reemployment assistance benefits before
paying any benefits to that individual, and to weekly cross-check the information contained in
the claim with various specified national and state databases.
BILL: SB 1260 Page 2
The bill also requires that the department to do all of the following:
Investigate any claim indicating suspicious activity associated with a mailing address, a bank
account, an e-mail address, a telephone number, or an internet protocol address that is
associated with another existing claim for reemployment assistance benefits and verify that
the claim is legitimate before paying any benefits.
Scrutinize any claim filed from a foreign Internet protocol address before paying any
benefits.
Work with the United States Department of Labor, state workforce agencies, and law
enforcement entities to share information related to fraudulent claims to the extent feasible
for further investigation and prosecution.
Submit a yearly report to the Legislature on fraudulent reemployment assistance claims and
related information, including the number of fraudulent claims referred for investigation and
possible prosecution, and the sources of information that were used to cross-check claims
during the reporting period.
Finally, the bill requires the department to procure an online workforce search and match tool
that meets certain specified requirements.
The bill takes effect July 1, 2024.
II. Present Situation:
Unemployment Compensation Overview
According to the U.S. Department of Labor (USDOL), the Federal-State Unemployment
Insurance Program provides unemployment benefits to eligible workers who are unemployed
through no-fault of their own (as determined under state law) and who meet the requirements of
state law.1 The program is administered as a partnership of the federal government and the
states.2 The individual states collect unemployment compensation payroll taxes on a quarterly
basis, which are used to pay benefits, while the Internal Revenue Service collects an annual
federal payroll tax under the Federal Unemployment Tax Act (FUTA).3 FUTA collections go to
the states for costs of administering state unemployment compensation and job service programs.
In addition, FUTA pays one-half of the cost of extended unemployment benefits (during periods
of high unemployment) and provides for a fund from which states may borrow, if necessary, to
pay benefits.4
States are permitted to set benefit eligibility requirements, the amount and duration of benefits,
and the state tax structure, as long as state law does not conflict with FUTA or Social Security
1
USDOL, State Unemployment Insurance Benefits, available at https://oui.doleta.gov/unemploy/uifactsheet.asp (last visited
January 22, 2024).
2
There are 53 programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia. USDOL,
Unemployment Compensation, Federal – State Partnership, available at https://oui.doleta.gov/unemploy/pdf/partnership.pdf
(last visited January 22, 2024).
3
FUTA is codified at 26 U.S.C. § 3301-3309.
4
USDOL, Unemployment Insurance Tax Topic, available at
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20emplo
yer's%20taxable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state, (last
visited January 22, 2024).
BILL: SB 1260 Page 3
Act requirements. Florida’s program was created by the Legislature in 1937.5 The department is
the current agency responsible for administering Florida’s laws, primarily through its Division of
Workforce Services. The department contracts with the Florida Department of Revenue (DOR)
to provide unemployment tax collections services.6
State Reemployment Assistance Benefits
In Florida, which rebranded the unemployment compensation program as the reemployment
assistance program in 2012,7 a qualified claimant may receive benefits equal to 25 percent of
wages, not to exceed $6,325 in a benefit year.8 Benefits range from a minimum of $32 per week
to a maximum weekly benefit amount9 of $275, for a maximum of between 12 weeks and 23
weeks,10 depending on the claimant’s length of prior employment and wages earned and the
unemployment rate.11
The maximum available weeks is set at the beginning of the year and applies for the entire
calendar year. The maximum available weeks is based upon the average seasonally adjusted
statewide unemployment rate for the months of July, August, and September.12 If the average
rate for that most recent third calendar year quarter is at or below 5 percent, then the maximum
weeks of benefits available is 12 weeks. For each 0.5 percent step about 5 percent, an additional
week of benefits is added to the maximum duration, up to 23 weeks of benefits if that average
third quarter unemployment rate is 10.5 percent. On January 1, 2021, the maximum weeks of
benefits increased from 12 weeks to 19 weeks based on the three month average of July, August,
and September of 2020, which was 8.6 percent.13
To receive benefits, a claimant must meet certain monetary and non-monetary eligibility
requirements. Key eligibility requirements involve a claimant’s earnings during a certain period
5
Chapter 18402, Laws of Fla.
6
Section 443.1316, F.S.
7
Chapter 2012-30, Laws of Fla.
8
Section 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly
benefit amount by the number of available benefit weeks.
9
Pursuant to section 443.111(3), F.S., the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total wages
for insured work paid during the quarter of the base period where the wages paid were highest.
10
Section 443.111(5)(c), F.S. If the average unemployment rate for the 3 months in the most recent third calendar year
quarter is at or below 5 percent, then the maximum weeks of benefits available is 12; for each 0.5 percent that the
unemployment rate is above 5 percent, an additional week of benefits becomes available up to 23 weeks at an unemployment
rate of 10.5 percent. On January 1, 2021, the maximum weeks of benefits increased from 12 weeks to 19 weeks based on the
three month average of July, August, and September of 2020, which was 8.7 percent.
11
The average weekly benefit amount for each quarter in 2020 was: first quarter – $254; second quarter – $236; third
quarter – $227; and fourth quarter – $228. USDOL, Unemployment Insurance Data, run report for Florida, available at
https://oui.doleta.gov/unemploy/data_summary/DataSum.asp, (last visited January 22, 2024).
12
Section 443.111(5)(c), F.S. Typically in the calculation of monthly unemployment rates, a rate is published about midway
through the following month and the revised rate is published about midway through the next month. See The Department of
Commerce, Unemployment – Local Area Unemployment Statistics (LAUS) – Release Schedule, (2021), available at
http://lmsresources.labormarketinfo.com/library/DataReleaseSchedule.pdf, (last visited January 22, 2024).
13
The Department of Commerce, Florida Department of Economic Opportunity Announces Florida Achieves Six
Consecutive Months of Month-Over-Month Job Growth, (November 20, 2020), available at https://floridajobs.org/news-
center/DEO-Press/2020/11/20/florida-department-of-economic-opportunity-announces-florida-achieves-six-consecutive-
months-of-month-over-month-job-growth, (last visited January 22, 2024).
BILL: SB 1260 Page 4
of time, the manner in which the claimant became unemployed, and the claimant’s efforts to find
new employment.14
Benefit Eligibility Conditions
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment. Generally, these include efforts related to finding new employment, such as:15
Completing the department’s online work registration;16
Reporting to the One-Stop Career Center when directed to do so by the local CareerSource
board;
Being able to and available for work;17
Contacting at least 5 prospective employers each week or going to the One-Stop Career
Center for reemployment services; and
Participating in reemployment services.
For each week of benefits claimed, a claimant must submit to the department the name, address,
and telephone number of each prospective employer contacted.18 A claimant must be actively
seeking work to be considered available for work. “This means engaging in systematic and
sustained efforts to find work, including contacting at least five prospective employers for each
week of unemployment claimed” or three prospective employers for individuals who live in
small counties.19 Proof of work search efforts cannot include the same prospective employer at
the same location in three consecutive weeks, unless in the meantime the employer has indicated
that it is hiring. The department conducts random audits of the submitted information to verify
that claimants are meeting these requirements.
The requirement to be available for work and able to work applies to an individual during the
major portion of the individual’s customary work week. Consequently, individuals whose
benefits are not based on full-time work are not required to seek or be available to accept
full-time work.20
An individual must make a thorough and continued effort to obtain work and take positive
actions to become reemployed. To aid unemployed individuals, free reemployment services and
assistance are available.21
14
See Section 443.101, F.S.
15
Section 443.091(1), F.S.,
16
See Section 443.091(1)(b), F.S., and Employ Florida, available at https://www.employflorida.com/vosnet/Default.aspx,
(last visited January 22, 2024). Employ Florida Marketplace is a partnership of Workforce Florida, Inc., and the Department
of Commerce. It provides job-matching and workforce resources.
17
“Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being
sought. “Available for work” means actively seeking and being ready and willing to accept suitable work. See Section
443.036(1) and (6), F.S. See also Rule 73B-11.021(2), F.A.C.
18
Section 449.091(1)(c)1., F.S.
19
Section 443.091(1)(d), F.S. A “small county” is a county that has an unincarcerated population of 75,000 or less.
Section 120.52(19), F.S.
20
Rule 73B-11.021(2), F.A.C.
21
Rule 73B-11.011(12), F.A.C. “Reemployment services” is defined as job search assistance, job and vocational training
referrals, employment counseling and testing, labor market information, employability skills enhancement, needs assessment,
orientation, and other related services provided by One-Stop Career Centers operated by local regional workforce boards.
BILL: SB 1260 Page 5
The department’s website provides links to local, state, and national employment databases and
to resources for job training or further educational opportunities. The One-Stop Career Centers
provide job search counseling and workshops, occupational and labor market information,
referral to potential employers, and job training assistance. Claimants may also receive an e-mail
from the Employ Florida Marketplace with information about employment services or available
jobs. Additionally, a claimant may be selected to participate in reemployment assistance
services, such as the Reemployment Services and Eligibility Assessment (RESEA) program,
designed to address the reemployment needs of claimants.22
Currently, if you are a non-resident of Florida you are exempt from having to complete the
department’s online work registration and reporting to the one-stop career center as directed by
the local workforce development board for reemployment services.
Disqualification for Reemployment Assistance Benefits
Section 443.101, F.S., specifies the circumstances under which an individual would be
disqualified from receiving benefits. These circumstances include:
Voluntarily leaving work without good cause, or being discharged by his or her employing
unit for misconduct connected with the work;23
Failing to apply for available suitable work when directed by the department or the One-Stop
Career Center, to accept suitable work when offered, or to return to suitable self-employment
when directed to do so;24
Making false or fraudulent representations in filing for benefits;
Being discharged from employment due to drug use or rejection from a job offer for failing a
drug test; and
Becoming unavailable for work due to incarceration or imprisonment.
The statute specifies the duration of the disqualification and the requirements for requalification
for an individual’s next benefit claim, depending on the reason for the disqualification.
III. Effect of Proposed Changes:
Section 1 specifies that the act may be cited as the “Promoting Work, Deterring Fraud Act of
2024.”
Section 2 amends the benefit eligibility conditions in s. 443.091, F.S., to require non-Florida
residents seeking reemployment assistance benefits to report to workforce centers in their state of
residence. Non-Florida residents are currently exempt from the requirement to report to a
workforce center.
22
RESEA services may include an orientation, initial assessment, labor market information, employability development plan,
and work search services. The Department of Commerce, Program Description, available at https://floridajobs.org/office-
directory/division-of-workforce-services/workforce-programs/reemployment-services-and-eligibility-assessment-program,
(last visited January 22,2024). Rule 73B-3.028, F.A.C., provides more information on reemployment services and
requirements for participation.
23
An individual is not disqualified for voluntarily leaving temporary work to return to full time work, or to relocate with his
or her military spouse due to relocation orders, or due to circumstances related to domestic violence.
24
Section 443.101(2), F.S.
BILL: SB 1260 Page 6
Currently, the department offers an online assessment aimed at identifying an individual’s skills,
abilities, and career aptitude. The assessment is currently voluntary; the claimant is allowed to
choose whether to take it.25 The bill deletes the language providing that the assessment is
voluntary.
The bill adds a requirement that weekly, a claimant must complete at least one job application in
person with an employer that has an expected job opening, and must certify and attest biweekly
that they will appear for all scheduled interviews and actively seek work.
The department must adopt rules regarding work search requirements for the purpose of ensuring
claimants’ good faith participation.
Section 3 amends the disqualification for benefits provisions in s. 443.101, F.S., to add more
conditions that can disqualify an individual from receiving benefits:
Failing to contact at least five prospective employers per week, unless otherwise exempt;
Failing to appear on three or more occasions for a scheduled job interview;
Failing to accept suitable work within 2 business days of being offered; or
Failing to return to the individual’s self-employment when directed by the department, or
when recalled to work by their former employer.
The bill provides that the department shall maintain a web page and e-mail address for
employers to report known or suspected violations and that the department shall notify
employers of this state the web page and e-mail address.
Section 4 creates s. 443.112, F.S., which requires the department to verify the identity of each
claimant who applies for reemployment assistance benefits before paying any benefits to that
individual and to weekly cross-check the information contained in the claim with various
specified national and state databases.
The specified databases for the department to utilize include:
The National Association of State Workforce Agencies Integrity Data Hub – a free resource
to state workforce agency staff with advanced data cross-matching and analysis capabilities
that detects and prevents unemployment insurance fraud and improper payments.26
The United States Department of Health and Human Services National Directory of New
Hires – a database that legally requires federal and state workforce agencies to report their
new hires, quarterly wages, and unemployment insurance data, and is only available to
authorized persons or entities for authorized purposes.27
25
In 2014, the Legislature amended Section 443.091, F.S., to repeal the requirement that applicants for reemployment
assistance must complete an initial skills review to receive benefits and then added language that the Department of
Economic Opportunity (now the Department of Commerce) to offer a voluntary online assessment that will identify an
individual’s skills, abilities, and career aptitude. See Ch. 2014-218, Laws of Fla. s. 17.
26
National Association of State Workforce Agencies Integrity Data Hub available at https://www.naswa.org/integrity-
center/integrity-data-hub, (last visited January 22, 2024).
27
A Guide to the National Directory of New Hires, (January 2023), available at
https://www.acf.hhs.gov/sites/default/files/documents/ocse/a_guide_to_the_national_directory_of_new_hires.pdf, (last
visited January 22, 2024).
BILL: SB 1260 Page 7
The State Directory of New Hires – a database where employers are required to report newly
hired or rehired employees within 20 days of the date of hire.28
The Department of Corrections inmate database – a database containing public record
information on felony offenders sentenced to the Department of Corrections.29
The Social Security Administration (SSA) Prisoner Update Processing System – which
contains data reported to SSA and retained on the Prisoner Update Processing System.
Examples of the data are confinement date, released date, reporter name and facility name
and address.30
The Centers for Disease Control and Prevention National Vital Statistics System death
records database – which collects and shares statistics about births, deaths, marriages,
divorces, and fetal deaths.31
The Department of Health Bureau of Vital Statistics death records database – which collects
all birth, marriage, and death certificates in Florida.32
The United States Citizenship and Immigration Services SAVE database – which allows
federal, state, and local benefit-granting agencies to verify a benefit applicant’s immigration
status or naturalized/derived citizenship.33
The bill provides that the department may not pay any claim that has not been cross-checked
against all the sources listed above, or similar sources of information.
The bill also provides that the department must do all of the following:
Investigate any claim indicating suspicious activity associated with a mailing address, a bank
account, an e-mail address, a telephone number, or an internet protocol address that is
associated with another existing claim for reemployment assistance benefits and verify that
the claim is legitimate and not fraudulent before paying any benefits for the claim.
Scrutinize any claim filed from a foreign Internet protocol address before paying any benefits
for the claim.
Work with the United States Department of Labor, other workforce agencies outside the
state, the Office of the Attorney General, the Department of Law Enforcement, or other
relevant law enforcement entities to share information related to fraudulent claims to the
extent feasible for further investigation and prosecution.
Each year, submit to the Legislature and make available on its website, a report identifying
the number of fraudulent reemployment assistance claims identified for the prior year, the
number of claims not paid due to successful detection of fraudulent intentions, the number of
claims and the amount of reemployment assistance benefits paid against claims subsequently
28
The State Directory of New Hires is a database maintained by each state containing information regarding newly hired
employees for the respective state. See Section 409.2576, F.S. and 42 U.S.C. § 653a.
29
This information only includes offenders sentenced to state prison or state supervision.
30
See the Social Security Administration Program Operations Manual System, Developing Prisoner Update Processing
System Records and Alerts, GN 02607.600.
31
About the National Vital Statistics System, CTRS. FOR DISEASE CONTROL & PREVENTION, available at
https://www.cdc.gov/nchs/nvss/about_nvss.htm, (last visited January 22, 2024) (indicating that the legal authority for
registering vital events, including births, lies with the fifty-seven vital statistics jurisdictions--the fifty states, the District of
Columbia, New York City, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands).
32
See Section 20.43(1)(c), F.S.
33
See 42 U.S.C. § 1320b-7.
BILL: SB 1260 Page 8
identified as fraudulent, the amount of fraudulent overpayments recovered, and the number
of fraudulent claims referred for investigation and possible prosecution. The report must also
list the sources of information that were used to cross-check claims during the reporting
period.
Section 5 amends s. 443.151, F.S., to update the section with the revised section number changes
that the bill does.
Section 6 amends s. 445.003, F.S., to require the department, in alignment with the Federal
Regulations public labor exchange services systems requirements, to procure a modernized
online workforce search and match tool that includes artificial intelligence generation for the
purpose of matching participants to jobs and training opportunities. The tool must be
interoperable through an application programming interface with the consumer-first workplace
system implemented in s. 445.011, F.S., and the tool must include a knowledge, skills, and
interests assessment for the purpose of guiding participants to jobs and training opportunities.
The bill takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
BILL: SB 1260 Page 9
B. Private Sector Impact:
Indeterminate. If provisions in the bill function to lower the amount of reemployment
assistance benefits paid out, employers could see a reduction in their contribution rates
over time.
C. Government Sector Impact:
The department will likely incur initial and reoccurring costs to create and maintain the
online workforce search and match tool, the website and e-mail address for employers to
report suspected violations, and check the required databases. Provisions in the bill may
function to lower the amount of reemployment assistance benefits paid out.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 443.091, 443.101,
443.151, and 445.003.
This bill creates section 443.1112 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 SB 1260 Florida Senate - 2024 SB 1260
By Senator Trumbull
2-00783B-24 20241260__ 2-00783B-24 20241260__
1 A bill to be entitled 30
2 An act relating to verification of reemployment 31 Be It Enacted by the Legislature of the State of Florida:
3 assistance benefit eligibility; providing a short 32
4 title; amending s. 443.091, F.S.; providing 33 Section 1. This act may be cited as the “Promoting Work,
5 requirements for reemployment assistance benefit 34 Deterring Fraud Act of 2024.”
6 conditions for non-Florida residents; removing 35 Section 2. Present subsections (2) through (5) of section
7 requirements that certain skills assessments of 36 443.091, Florida Statutes, are redesignated as subsections (3)
8 claimants be voluntary; providing specified 37 through (6), respectively, a new subsection (2) is added to that
9 requirements for claimants; requiring the Department 38 section, and subsection (1) of that section is amended, to read:
10 of Commerce to implement rules; amending s. 443.101, 39 443.091 Benefit eligibility conditions.—
11 F.S.; making a technical change; revising 40 (1) An unemployed individual is eligible to receive
12 circumstances under which the department disqualifies 41 benefits for any week only if the Department of Commerce finds
13 claimants from benefits; requiring the department to 42 that:
14 maintain a web page and an e-mail address for a 43 (a) She or he has made a claim for benefits for that week
15 specified purpose and to notify employers each year of 44 in accordance with the rules adopted by the department.
16 the web page and e-mail address; creating s. 443.1112, 45 (b) She or he has completed the department’s online work
17 F.S.; requiring the department to verify claimants’ 46 registration and subsequently reports to the one-stop career
18 identities before paying benefits; requiring the 47 center as directed by the local workforce development board for
19 department to weekly cross-check certain information; 48 reemployment services, or to a workforce center in the state of
20 providing sources against which such information is 49 his or her residence if he or she is a non-Florida resident.
21 cross-checked; prohibiting benefits from being paid 50 This requirement does not apply to persons who are:
22 for claims that have not been cross-checked; providing 51 1. Non-Florida residents;
23 duties of the department; providing annual reporting 52 1.2. On a temporary layoff;
24 requirements; amending s. 443.151, F.S.; conforming a 53 2.3. Union members who customarily obtain employment
25 cross-reference; amending s. 445.003, F.S.; requiring 54 through a union hiring hall;
26 the department to procure an online workforce search 55 3.4. Claiming benefits under an approved short-time
27 and match tool for a specified purpose; providing 56 compensation plan as provided in s. 443.1116; or
28 requirements for such tool; providing an effective 57 4.5. Unable to complete the online work registration due to
29 date. 58 illiteracy, physical or mental impairment, a legal prohibition
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59 from using a computer, or a language impediment. If a person is 88 opportunities. Aggregate data on assessment outcomes may be made
60 exempted from the online work registration under this 89 available to CareerSource Florida, Inc., for use in the
61 subparagraph, then the filing of his or her claim constitutes 90 development of policies related to education and training
62 registration for work. 91 programs that will ensure that businesses in this state have
63 (c) To make continued claims for benefits, she or he is 92 access to a skilled and competent workforce.
64 reporting to the department in accordance with this paragraph 93 b. Individuals shall be informed of and offered services
65 and department rules. Department rules may not conflict with s. 94 through the one-stop delivery system, including career
66 443.111(1)(b), which requires that each claimant continue to 95 counseling, the provision of skill match and job market
67 report regardless of any pending appeal relating to her or his 96 information, and skills upgrade and other training
68 eligibility or disqualification for benefits. 97 opportunities, and shall be encouraged to participate in such
69 1. For each week of unemployment claimed, each report must, 98 services at no cost to the individuals. The department shall
70 at a minimum, include the name and address of each prospective 99 coordinate with CareerSource Florida, Inc., the local workforce
71 employer contacted, or the date the claimant reported to a one- 100 development boards, and the one-stop career centers to identify,
72 stop career center, pursuant to paragraph (d). For the purposes 101 develop, and use best practices for improving the skills of
73 of this subparagraph, the term “address” means a website 102 individuals who choose to participate in skills upgrade and
74 address, a physical address, or an e-mail address. 103 other training opportunities. The department may contract with
75 2. The department shall offer an online assessment aimed at 104 an entity to create the online assessment in accordance with the
76 identifying an individual’s skills, abilities, and career 105 competitive bidding requirements in s. 287.057. The online
77 aptitude. The skills assessment must be voluntary, and the 106 assessment must work seamlessly with the Reemployment Assistance
78 department shall allow a claimant to choose whether to take the 107 Claims and Benefits Information System.
79 skills assessment. The online assessment shall be made available 108 (d) She or he is able to work and is available for work. In
80 to any person seeking services from a local workforce 109 order to assess eligibility for a claimed week of unemployment,
81 development board or a one-stop career center. 110 the department shall develop criteria to determine a claimant’s
82 a. If the claimant chooses to take the online assessment, 111 ability to work and availability for work. A claimant must be
83 The outcome of the assessment shall be made available to the 112 actively seeking work in order to be considered available for
84 claimant, local workforce development board, and one-stop career 113 work. This means engaging in systematic and sustained efforts to
85 center. The department, local workforce development board, or 114 find work, including contacting at least five prospective
86 one-stop career center shall use the assessment to develop a 115 employers for each week of unemployment claimed. Each week, a
87 plan for referring individuals to training and employment 116 claimant must complete at least one job application in person
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117 with an employer that has an expected job opening. A claimant 146 otherwise eligible individual who is in training approved under
118 must certify and attest biweekly that he or she will, to the 147 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
119 best of his or her ability, appear for all scheduled interviews 148 determined ineligible or disqualified for benefits due to
120 and is actively seeking work. The department may require the 149 enrollment in such training or because of leaving work that is
121 claimant to provide proof of such efforts to the one-stop career 150 not suitable employment to enter such training. As used in this
122 center as part of reemployment services. A claimant’s proof of 151 subparagraph, the term “suitable employment” means work of a
123 work search efforts may not include the same prospective 152 substantially equal or higher skill level than the worker’s past
124 employer at the same location in 3 consecutive weeks, unless the 153 adversely affected employment, as defined for purposes of the
125 employer has indicated since the time of the initial contact 154 Trade Act of 1974, as amended, the wages for which are at least
126 that the employer is hiring. The department shall conduct random 155 80 percent of the worker’s average weekly wage as determined for
127 reviews of work search information provided by claimants. As an 156 purposes of the Trade Act of 1974, as amended.
128 alternative to contacting at least five prospective employers 157 3. Notwithstanding any other provision of this section, an
129 for any week of unemployment claimed, a claimant may, for that 158 otherwise eligible individual may not be denied benefits for any
130 same week, report in person to a one-stop career center to meet 159 week because she or he is before any state or federal court
131 with a representative of the center and access reemployment 160 pursuant to a lawfully issued summons to appear for jury duty.
132 services of the center. The center shall keep a record of the 161 4. Union members who customarily obtain employment through
133 services or information provided to the claimant and shall 162 a union hiring hall may satisfy the work search requirements of
134 provide the records to the department upon request by the 163 this paragraph by reporting daily to their union hall.
135 department. However: 164 5. The work search requirements of this paragraph do not
136 1. Notwithstanding any other provision of this paragraph or 165 apply to persons who are unemployed as a result of a temporary
137 paragraphs (b) and (e), an otherwise eligible individual may not 166 layoff or who are claiming benefits under an approved short-time
138 be denied benefits for any week because she or he is in training 167 compensation plan as provided in s. 443.1116.
139 with the approval of the department, or by reason of s. 168 6. In small counties as defined in s. 120.52(19), a
140 443.101(2) relating to failure to apply for, or refusal to 169 claimant engaging in systematic and sustained efforts to find
141 accept, suitable work. Training may be approved by the 170 work must contact at least three prospective employers for each
142 department in accordance with criteria prescribed by rule. A 171 week of unemployment claimed.
143 claimant’s eligibility during approved training is contingent 172 7. The work search requirements of this paragraph do not
144 upon satisfying eligibility conditions prescribed by rule. 173 apply to persons required to participate in reemployment
145 2. Notwithstanding any other provision of this chapter, an 174 services under paragraph (e).
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175 (e) She or he participates in reemployment services, such 204 Statutes, is amended to read:
176 as job search assistance services, whenever the individual has 205 443.101 Disqualification for benefits.—An individual shall
177 been determined, by a profiling system established by the rules 206 be disqualified for benefits:
178 of the department, to be likely to exhaust regular benefits and 207 (2) If the Department of Commerce Economic Opportunity
179 to be in need of reemployment services. 208 finds that the individual has failed without good cause to apply
180 (f) She or he has been unemployed for a waiting period of 1 209 for available suitable work, failed to contact at least five
181 week. A week may be counted as a waiting week under this 210 prospective employers per week in accordance with s. 443.091
182 subsection only if: 211 unless otherwise exempt, failed to appear on three or more
183 1. It occurs within the benefit year that includes the week 212 occasions for a scheduled job interview, failed to accept within
184 for which she or he claims payment of benefits; 213 2 business days suitable work when offered to him or her, or
185 2. Benefits have not been paid for that week; and 214 failed to return to the individual’s customary self-employment
186 3. The individual was eligible for benefits for that week 215 when directed by the department or when recalled to work by his
187 as provided in this section and s. 443.101, except for the 216 or her former employer, the disqualification continues for the
188 requirements of this subsection and s. 443.101(5). 217 full period of unemployment next ensuing after he or she failed
189 (g) She or he has been paid wages for insured work equal to 218 without good cause to apply for available suitable work, accept
190 1.5 times her or his high quarter wages during her or his base 219 suitable work, or return to his or her customary self-
191 period, except that an unemployed individual is not eligible to 220 employment, and until the individual has earned income of at
192 receive benefits if the base period wages are less than $3,400. 221 least 17 times his or her weekly benefit amount. The department
193 (h) She or he submitted to the department a valid social 222 shall by rule adopt criteria for determining the “suitability of
194 security number assigned to her or him. The department may 223 work,” as used in this section. In developing these rules, the
195 verify the social security number with the United States Social 224 department shall consider the duration of a claimant’s
196 Security Administration and may deny benefits if the department 225 unemployment in determining the suitability of work and the
197 is unable to verify the individual’s social security number, the 226 suitability of proposed rates of compensation for available
198 social security number is invalid, or the social security number 227 work. Further, after an individual has received 25 weeks of
199 is not assigned to the individual. 228 benefits in a single year, suitable work is a job that pays the
200 (2) The department shall adopt rules regarding work search 229 minimum wage and is 120 percent or more of the weekly benefit
201 requirements for the purpose of ensuring claimants’ good faith 230 amount the individual is drawing.
202 participation. 231 (a) In determining whether or not any work is suitable for
203 Section 3. Subsection (2) of section 443.101, Florida 232 an individual, the department shall consider the degree of risk
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233 to the individual’s health, safety, and morals; the individual’s 262 443.1112 Verification of reemployment assistance benefit
234 physical fitness, prior training, experience, prior earnings, 263 eligibility.—
235 length of unemployment, and prospects for securing local work in 264 (1) The Department of Commerce shall verify the identity of
236 his or her customary occupation; and the distance of the 265 each claimant who applies for reemployment assistance benefits
237 available work from his or her residence. 266 before paying any benefits to that individual.
238 (b) Notwithstanding any other provisions of this chapter, 267 (2) In determining the eligibility of a claim for
239 work is not deemed suitable and benefits may not be denied to 268 reemployment assistance benefits, the department shall weekly
240 any otherwise eligible individual for refusing to accept new 269 cross-check the information contained in the claim with all of
241 work under any of the following conditions: 270 the following sources or similar sources of information:
242 1. The position offered is vacant due directly to a strike, 271 (a) The National Association of State Workforce Agencies
243 lockout, or other labor dispute. 272 Integrity Data Hub.
244 2. The wages, hours, or other conditions of the work 273 (b) The United States Department of Health and Human
245 offered are substantially less favorable to the individual than 274 Services National Directory of New Hires.
246 those prevailing for similar work in the locality. 275 (c) The State Directory of New Hires created in s.
247 3. As a condition of being employed, the individual is 276 409.2576.
248 required to join a company union or to resign from or refrain 277 (d) The Department of Corrections inmate database.
249 from joining any bona fide labor organization. 278 (e) The Social Security Administration Prisoner Update
250 (c) If the department finds that an individual was rejected 279 Processing System.
251 for offered employment as the direct result of a positive, 280 (f) The Centers for Disease Control and Prevention National
252 confirmed drug test required as a condition of employment, the 281 Vital Statistics System death records database.
253 individual is disqualified for refusing to accept an offer of 282 (g) The Department of Health Bureau of Vital Statistics
254 suitable work. 283 death records database.
255 (d) The department shall maintain a web page and an e-mail 284 (h) The United States Citizenship and Immigration Services
256 address through which employers may report known or suspected 285 SAVE database.
257 violations of this section. Each year the department shall 286 (3) Reemployment assistance benefits administered by the
258 notify employers in the state of this web page and e-mail 287 department may not be paid for any claim that has not been
259 address for reporting violations. 288 cross-checked against all the sources specified in subsection
260 Section 4. Section 443.1112, Florida Statutes, is created 289 (2) or similar sources of information.
261 to read: 290 (4) The department shall do all of the following:
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291 (a) Investigate any claim indicating suspicious activity 320 CLAIMANTS AND EMPLOYERS.—
292 associated with a mailing address, a bank account, an e-mail 321 (b) Process.—When the Reemployment Assistance Claims and
293 address, a telephone number, or an Internet protocol address 322 Benefits Information System described in s. 443.1113 is fully
294 that is associated with another existing claim for reemployment 323 operational, the process for filing claims must incorporate the
295 assistance benefits and verify that the claim is legitimate and 324 process for registering for work with the consumer-first
296 not fraudulent before paying any benefits for the claim. 325 workforce system established under s. 445.011. Unless exempted
297 (b) Scrutinize any claim filed from a foreign Internet 326 under s. 443.091(1)(b)4. s. 443.091(1)(b)5., a claim for
298 protocol address before paying any benefits for the claim. 327 benefits may not be processed until the work registration
299 (c) Work with the United States Department of Labor, other 328 requirement is satisfied. The department may adopt rules as
300 workforce agencies outside the state, the Office of the Attorney 329 necessary to administer the work registration requirement set
301 General, the Department of Law Enforcement, or other relevant 330 forth in this paragraph.
302 law enforcement entities to share information related to 331 Section 6. Subsection (8) is added to section 445.003,
303 fraudulent claims or attempted fraudulent claims to the extent 332 Florida Statutes, to read:
304 feasible for further investigation and prosecution. 333 445.003 Implementation of the federal Workforce Innovation
305 (d) Each year, submit to the Legislature and make available 334 and Opportunity Act.—
306 on its website, a report identifying the number of fraudulent 335 (8) ONLINE WORKFORCE SEARCH AND MATCH TOOL.—The department,
307 reemployment assistance claims identified for the prior year, 336 in alignment with the implementation of 20 C.F.R. s. 652.3 to
308 the number of claims not paid due to successful detection of 337 administer a public labor exchange services system, shall
309 fraudulent intentions, the number of claims and the amount of 338 procure a modernized online workforce search and match tool that
310 reemployment assistance benefits paid against claims 339 includes artificial intelligence generation for the purpose of
311 subsequently identified as fraudulent, the amount of fraudulent 340 matching participants to jobs and training opportunities. The
312 overpayments recovered, and the number of fraudulent claims 341 tool must be interoperable through an application programming
313 referred for investigation and possible prosecution. The report 342 interface with the consumer-first workforce system implemented
314 must also list the sources of information that were used to 343 in s. 445.011, and the tool must include a knowledge, skills,
315 cross-check claims during the reporting period. 344 and interests assessment for the purpose of guiding participants
316 Section 5. Paragraph (b) of subsection (2) of section 345 to jobs and training opportunities.
317 443.151, Florida Statutes, is amended to read: 346 Section 7. This act shall take effect July 1, 2024.
318 443.151 Procedure concerning claims.—
319 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
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i
The Florida Senate
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1492
INTRODUCER: Senator Trumbull
SUBJECT: Employment Regulations
DATE: January 24, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. CA
3. RC
I. Summary:
CS/SB 1492 creates a new section of law regarding workplace heat exposure requirements by
prohibiting a political subdivision from requiring an employer or contractor to meet or provide
heat exposure requirements that are not already required under state or federal law, and
prohibiting a political subdivision from giving preference in solicitations based upon employer
heat exposure requirements. The bill does not limit the authority of a local government to
provide workplace heat exposure requirements not otherwise required under state or federal law
for direct employees of the political subdivision. These heat exposure provisions do not apply if
compliance will prevent the political subdivision from receiving federal funds.
The effective date of the bill is July 1, 2024.
II. Present Situation:
Workplace Heat Exposure
The OSHA Act, is the federal labor law governing occupational health and safety in the private
sector and federal government.1 Under the OSHA Act, two federal agencies are responsible for
promoting occupational safety and health in the United States. The National Institute for
Occupational Safety and Health (NIOSH) conducts research and recommends occupational
safety and health standards.2 The Occupational Safety and Health Administration (OSHA) is
responsible for the promulgation and enforcement of standards.3
1
Occupational Safety and Health Act of 1970, Pub. L. No. 91-596, 84 STAT. 1590, 91st Cong. (Jan. 1, 2004).
2
29 U.S.C. § 671.
3
29 U.S.C. § 655.
BILL: CS/SB 1492 Page 2
Currently, there are no specific laws in Florida that provide heat exposure protections for outdoor
workers. NIOSH and OSHA provide certain recommendations that employers provide heat
exposure protections.
In 2013, NIOSH published “Preventing Heat-related Illness or Death of Outdoor Workers.” This
recommended standard recommends that employers have a plan in place to prevent heat-related
illness. The plan should include hydration (drinking plenty of water), acclimatization (getting
used to weather conditions), and schedules that alternate work with rest. It recommends that
employers should also train workers about the hazards of working in hot environments.4
OSHA does not currently have any specific heat exposure standards. In the absence of a specific
standard, OSHA is authorized to enforce the “general duty clause” of the OSHA Act, which
requires each employer to provide a workplace that is free of “recognized hazards” causing or
likely to cause “death or serious physical harm” to its employees.5
In 2011, OSHA launched a heat illness prevention campaign that includes guidance to employers
and employees, a smartphone app that provides location-specific information on heat conditions
and heat exposure prevention and first aid, and educational materials such as posters and
pamphlets in English, Spanish, and other languages.6
On October 27, 2021, OSHA published an Advanced Notice of Proposed Rulemaking (ANPRM)
for a potential standard on Heat Injury and Illness Prevention in Outdoor and Indoor Work
Settings.7 OSHA solicited public comments on the ANPRM through January 26, 2022, and
received over 1,000 comments on the ANPRM.
In March 2021, OSHA cited a company for a willful violation of the general duty clause by
exposing sugar cane harvesting employees in Florida to “excessive heat, elevated temperature
working conditions, direct sun radiation and thermal stress” while working outdoors in
September 2020. OSHA assessed the maximum allowable civil monetary penalty of $136,532
for this violation, which was later reduced through an informal settlement with the employer to
$81,919.20. The citation provides, “the employer did not furnish employment and a place of
employment which were free from recognized hazards that were causing or likely to cause death
or serious physical harm to employees in that employees were exposed to excessive heat,
elevated temperature working conditions, direct sun radiation and thermal stress.”8
In April 2022, OSHA began a National Emphasis Program (NEP) of enforcement of the general
duty clause and compliance assistance to focus on indoor and outdoor heat exposure. The NEP
expands on OSHA’s ongoing heat-related illness prevention initiative and campaign by creating
a targeted enforcement component and reiterating its compliance assistance and outreach efforts.
4
NIOSH 1986, 2008, 2010; OSHA-NIOSH 2011.
5
29 U.S.C. § 654.
6
Occupational Safety and Health Administration, Heat Illness Prevention, available at https://www.osha.gov/heat/, (last
visited January 22, 2024).
7
86 FR 59309.
8
Occupational Safety and Health Administration, Violation Detail, available at
https://www.osha.gov/ords/imis/establishment.violation_detail?id=1495595.015&citation_id=02001, (last visited January 22,
2024).
BILL: CS/SB 1492 Page 3
This approach is intended to encourage early interventions by employers to prevent illnesses and
deaths among workers during high heat conditions, such as working outdoors in a local area
experiencing a heat wave, as announced by the National Weather Service. Early interventions
include, but are not limited to, implementing water, rest, shade, training, and acclimatization
procedures for new or returning employees.9
Local Heat Regulation
On November 11, 2023, the Miami-Dade County Board of County Commissioners considered a
proposal that would require construction and agriculture companies with five or more employees
to guarantee workers access to water and give them 10-minute breaks in the shade every two
hours on days when the heat index equals or exceeds 95 degrees Fahrenheit. The proposal would
also require employers to train workers to recognize the signs of heat illness, administer first aid
and call for help in an emergency. Enforcement includes a warning, fines of up to $2,000 per day
per violation, and debarment of contractors from county work for certain repeated violations and
unpaid penalties.10
According to reports:11
The proposal was deferred until March, 2024.
Some South Florida employers have expressed that they already provide such protections.
Miami-Dade County would have been the only local government in the nation to adopt such
requirements.
Preemption
A local government enactment may be inconsistent with state law if the:
Local enactment conflicts with state statutes; or
The Legislature has preempted the particular area of law that is the subject of the enactment.
Such state preemption precludes a local government from exercising authority in the preempted
area.12
Florida law recognizes two types of state preemption: express and implied. Express preemption
requires an express legislative statement of intent to preempt a specific area of law; it cannot be
implied or inferred.13 Implied preemption, on the other hand, exists where the legislative scheme
is so pervasive as to evidence an intent to preempt the particular area, and where strong public
policy reasons exist for finding such an area to be preempted by the legislature.14
9
Occupational Safety and Health Administration, OSHA Instruction, available at
https://www.osha.gov/sites/default/files/enforcement/directives/CPL_03-00-024.pdf, (last visited January 22, 2024).
10
Miami-Dade Legislative Item, File Number: 231773.
11
Miami Herald, After industry pressure, Miami-Dade puts heat protections for outdoor workers on ice, available at
https://www.miamiherald.com/news/local/environment/article281487003.html, (last visited January 22, 2024).
12
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 January 22, 2024).
13
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).
14
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880 (Fla. 2010).
BILL: CS/SB 1492 Page 4
Courts determining the validity of local government ordinances enacted in the face of state
preemption, whether express or implied, have found such ordinances to be null and void.15
III. Effect of Proposed Changes:
Workplace Heat Exposure Requirements
The bill prohibits political subdivisions from:
Mandating or otherwise imposing heat exposure requirements on an employer or a political
subdivision contractor.
Considering or seeking information relating to a contractor's or subcontractor's heat exposure
requirements in any procurement for goods or services.
The bill provides that it does not:
Limit the authority of a political subdivision to mandate or impose workplace heat exposure
requirements for the employees of the local government.
Apply if it is determined that compliance would prevent the distribution of federal funds to a
local government or would otherwise be inconsistent with federal requirements pertaining to
receiving federal funds, but only to the extent necessary to allow a local government to
receive federal funds or to eliminate the inconsistency with federal requirements.
The bill provides the following definitions:
“Competitive solicitation” means an invitation to bid, a request for proposals, or an invitation
to negotiate.
“Heat exposure requirement” means a standard mandated or otherwise imposed on
employers, employees, contractors, or subcontractors to control an employee's exposure to
heat or sun, or to otherwise address or moderate the effects of such exposure. The term
includes, but is not limited to, standards relating to all of the following:
o Employee monitoring and protection.
o Water consumption.
o Cooling measures.
o Acclimatization and recovery periods or practices.
o Posting or distributing notices or materials that inform employees how to protect
themselves from heat exposure.
o Implementation and maintenance of heat exposure programs or training.
o Appropriate first-aid measures or emergency responses related to heat exposure.
o Protections for employees who report that they have experienced excessive heat
exposure.
o Reporting and recordkeeping requirements.
“Political subdivision” means a county, municipality, department, commission, district,
board, or other public body, whether corporate or otherwise, created by or under state law.
The bill provides an effective date of July 1, 2024.
15
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
BILL: CS/SB 1492 Page 5
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Under Florida law, statutes are presumed to operate prospectively, not retroactively. In
other words, statutes generally apply only to actions that occur on or after the effective
date of the legislation, not before the legislation becomes effective. The Florida Supreme
Court has noted that, under the rules of statutory construction, if statutes are to operate
retroactively, the Legislature must clearly express that intent for the statute to be valid.16
When statutes that are expressly retroactive have been litigated and appealed, the courts
have been asked to determine whether the statute applies to cases that were pending at the
time the statute went into effect. The conclusion often depends on whether the statute is
procedural or substantive.
In a recent Florida Supreme Court case, the Court acknowledged that “[t]he distinction
between substantive and procedural law is neither simple nor certain.”17 The Court
further acknowledged that their previous pronouncements regarding the retroactivity of
procedural laws have been less than precise and have been unclear.18
Courts, however, have invalidated the retroactive application of a statute if the statute
impairs vested rights, creates new obligations, or imposes new penalties.19 Still, in other
cases, the courts have permitted statutes to be applied retroactively if they do not create
new, or take away, vested rights, but only operate to further a remedy or confirm rights
that already exist.20
16
Walker & LaBerge, Inc., v. Halligan, 344 So. 2d 239 (Fla. 1977).
17
Love v. State, 286 So. 3d 177, 183 (Fla. 2019) (quoting Caple v. Tuttle’s Design-Build, Inc., 753 So. 2d 49, 53 (Fla. 2000)).
18
Love, at 184.
19
R.A.M. of South Florida, Inc. v. WCI Communities, Inc., 869 So. 2d 1210, 1217 (Fla. 2004) (quoting LaForet 658 So. 2d
55, 61 (Fla. 1995)).
20
Ziccardi v. Strother, 570 So. 2d 1319 (Fla. 2d DCA 1990).
BILL: CS/SB 1492 Page 6
Florida’s contracts clause states that “no bill of attainder, ex post facto law or law
impairing the obligation of contracts shall be passed.”21 Regarding the impairment of an
existing contract by the retroactive application of a statute, the Florida Supreme Court
recently said:
“[V]irtually no degree of contract impairment is tolerable.” However, we also
recognized that the holding that “virtually” no impairment is tolerable
“necessarily implies that some impairment is tolerable.” The question thus
becomes how much impairment is tolerable and how to determine that amount.
To answer that question, in Pomponio we proposed a balancing test that
“allow[ed] the court to consider the actual effect of the provision on the contract
and to balance a party’s interest in not having the contract impaired against the
State’s source of authority and the evil sought to be remedied.” “[T]his becomes a
balancing process to determine whether the nature and extent of the impairment is
constitutionally tolerable in light of the importance of the State’s objective, or
whether it unreasonably intrudes into the parties’ bargain to a degree greater than
is necessary to achieve that objective.”
An impairment may be constitutional if it is reasonable and necessary to serve an
important public purpose. However, where the impairment is severe, “[t]he
severity of the impairment is said to increase the level of scrutiny to which the
legislation will be subjected.” There must be a “significant and legitimate public
purpose behind the regulation.”22
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
21
FLA. CONST. art. I, s. 10.
22
Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State, 209 So. 3d 1181, 1192 (Fla. 2017) (internal citations omitted
for clarity).
BILL: CS/SB 1492 Page 7
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 448.106 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on January 23, 2024:
The committee substitute removes provisions relating to wage and employment benefits
by political subdivisions.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1492
Ì709582?Î709582
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/23/2024 .
.
.
.
The Committee on Commerce and Tourism (Trumbull) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 21 - 54.
4
5 ================= T I T L E A M E N D M E N T ================
6 And the title is amended as follows:
7 Delete lines 2 - 8
8 and insert:
9 An act relating to employment regulations; creating s.
Page 1 of 1
1/23/2024 7:32:42 AM CM.CM.02377
Florida Senate - 2024 SB 1492 Florida Senate - 2024 SB 1492
By Senator Trumbull
2-01189A-24 20241492__ 2-01189A-24 20241492__
1 A bill to be entitled 30 wage, or to provide employment benefits not otherwise required
2 An act relating to employment regulations; amending s. 31 by state or federal law.
3 218.077, F.S.; prohibiting political subdivisions from 32 (b) A political subdivision may not, through its purchasing
4 maintaining a certain minimum wage; prohibiting 33 or contracting procedures, seek to control or affect the wages
5 political subdivisions from controlling, affecting, or 34 or employment benefits provided by its vendors, contractors,
6 awarding preferences relating to wages or employment 35 service providers, or other parties doing business with the
7 benefits of entities contracting with the political 36 political subdivision. A political subdivision may not, through
8 subdivision; revising applicability; creating s. 37 the use of evaluation factors, qualification of bidders, or
9 448.106, F.S.; defining terms; prohibiting a political 38 otherwise, award preferences on the basis of wages or employment
10 subdivision from requiring employers to meet or 39 benefits provided by its vendors, contractors, service
11 provide heat exposure requirements beyond those 40 providers, or other parties doing business with the political
12 required by law; prohibiting a political subdivision 41 subdivision.
13 from giving preference to or considering or seeking 42 (3) This section does not:
14 information from an employer in a competitive 43 (a) Limit the authority of a political subdivision to
15 solicitation based on or relating to an employer’s 44 establish a minimum wage other than a state or federal minimum
16 heat exposure requirements; providing construction; 45 wage or to provide employment benefits not otherwise required
17 providing applicability; providing an effective date. 46 under state or federal law:
18 47 1. For the employees of the political subdivision; or
19 Be It Enacted by the Legislature of the State of Florida: 48 2. For the employees of an employer contracting to provide
20 49 goods or services for the political subdivision, or for the
21 Section 1. Subsection (2) and paragraph (a) of subsection 50 employees of a subcontractor of such an employer, under the
22 (3) of section 218.077, Florida Statutes, are amended to read: 51 terms of a contract with the political subdivision; or
23 218.077 Wage and employment benefits requirements by 52 3. For the employees of an employer receiving a direct tax
24 political subdivisions; restrictions.— 53 abatement or subsidy from the political subdivision, as a
25 (2)(a) Except as otherwise provided in subsection (3), a 54 condition of the direct tax abatement or subsidy.
26 political subdivision may not establish, mandate, maintain, or 55 Section 2. Section 448.106, Florida Statutes is created to
27 otherwise require an employer to pay a minimum wage, other than 56 read:
28 a state or federal minimum wage, to apply a state or federal 57 448.106 Workplace heat exposure requirements.—
29 minimum wage to wages exempt from a state or federal minimum 58 (1) As used in this section, the term:
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1492 Florida Senate - 2024 SB 1492
2-01189A-24 20241492__ 2-01189A-24 20241492__
59 (a) “Competitive solicitation” means an invitation to bid, 88 heat exposure requirements and may not consider or seek
60 a request for proposals, or an invitation to negotiate. 89 information relating to the employer’s heat exposure
61 (b) “Heat exposure requirement” means a standard to control 90 requirements.
62 an employee’s exposure to heat or sun, or to otherwise address 91 (3) This section does not limit the authority of a
63 or moderate the effects of such exposure. The term includes, but 92 political subdivision to establish or otherwise provide heat
64 is not limited to, standards relating to any of the following: 93 exposure requirements not otherwise required under state or
65 1. Employee monitoring and protection. 94 federal law for direct employees of the political subdivision.
66 2. Water consumption. 95 (4) This section does not apply if it is determined that
67 3. Cooling measures. 96 compliance with this section will prevent the distribution of
68 4. Acclimation and recovery periods or practices. 97 federal funds to a political subdivision or would otherwise be
69 5. Posting or distributing notices or materials that inform 98 inconsistent with federal requirements pertaining to receiving
70 employees how to protect themselves from heat exposure. 99 federal funds, but only to the extent necessary to allow a
71 6. Implementation and maintenance of heat exposure programs 100 political subdivision to receive federal funds or to eliminate
72 or training. 101 inconsistency with federal requirements.
73 7. Appropriate first-aid measures or emergency responses 102 Section 3. This act shall take effect July 1, 2024.
74 related to heat exposure.
75 8. Protections for employees who report that they have
76 experienced excessive heat exposure.
77 9. Reporting and recordkeeping requirements.
78 (c) “Political subdivision” means a county, municipality,
79 department, commission, district, board, or other public body,
80 whether corporate or otherwise, created by or under state law.
81 (2)(a) A political subdivision may not establish, mandate,
82 or otherwise require an employer, including an employer
83 contracting to provide goods or services to the political
84 subdivision, to meet or provide heat exposure requirements not
85 otherwise required under state or federal law.
86 (b) A political subdivision may not give preference in a
87 competitive solicitation to an employer based on the employer’s
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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While it is a tradition to encourage public testimony, time may not permit all persons wishing to speakto be heard at this hearing.Those who do speak may be asked to limit their so
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January 23,2024 APPEARANCE RECORD sB 1492
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954-593-4449
Name
joIathan.webber@splcactionf und.org
Address 400 Washington Ave rm"ir
Steet
Montgomery AL 361 04
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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1540
INTRODUCER: Senator Torres
SUBJECT: Workforce Retention
DATE: January 22, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. AEG
3. FP
I. Summary:
SB 1540 creates the “Florida Jobs Retention Act of 2024,” which provides that employers will be
required to notify the Department of Business and Professional Regulation (DBPR) if they intend
to relocate a Florida business or cease operation of such business. The DBPR must compile and
publish on its website a semiannual list of all employers that relocate or cease operation.
An employer that intends to relocate a Florida business or cease operation of such business is
ineligible for any direct or indirect state grant, state-guaranteed loan, or state tax benefit for 5
years after the publication of the list.
The bill requires the head of each state agency to ensure that all state-business-related customer
service work is performed by state contractors or their agents or subcontractors entirely within
Florida.
The bill takes effect 240 days after becoming a law.
II. Present Situation:
The Department of Business and Professional Regulation
The DBPR is charged with licensing and regulating businesses and professionals in Florida. 1
Section 20.165, F.S., establishes the organizational structure of the DBPR, which has the
following 11 divisions:
Administration;
Alcoholic Beverages and Tobacco;
1
The Department of Business and Professional Regulation, Department Overview, available at
http://www.myfloridalicense.com/DBPR/about-us/department-overview/ (last visited Jan. 22, 2024).
BILL: SB 1540 Page 2
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
Economic Development Programs
The Division of Economic Development within the Department of Commerce (DCM) provides
tools for attracting out-of-state businesses to Florida, promoting the creation and expansion of
Florida businesses, and facilitating economic development.2
Currently the DCM provides economic development grant programs, tax credits, tax refunds, tax
exemptions, and loan programs, which includes but are not limited to the following:
High Impact Performance Incentive;3
Capital Investment Tax Credit;4
Research and Development Tax Credit;5
Renewable Energy Technologies Investment Tax Credit;6
Rural Job Tax Credit Program;7
Urban Job Tax Credit Program;8
Brownfield Redevelopment Bonus Refunds;9
Manufacturing Machinery and Equipment Sales Tax Exemption;10
Florida Entertainment Industry Sales Tax Exemption;11
Microfinance Guarantee Program; and 12
2
The Department of Commerce, Division of Economic Development, available at https://www.floridajobs.org/office-
directory/division-of-economic-development/division-of-economic-development (last visited Jan. 22, 2024).
3
This program provides grants to spur capital investment and job creation. See s. 220.196, F.S.
4
This program is used to attract and grow capital-intensive industries. See s. 220.191, F.S.
5
This program provides a corporate income tax credit for qualified research expenses in Florida for eligible businesses in
targeted industries. See s. 220.196, F.S.
6
This is credit against the corporate income tax for 75 percent of all capital costs, operation and maintenance costs, and
research and development costs in connection with an investment in the production, storage, and distribution of biodiesel,
ethanol, and other renewable fuel in Florida. See s. 220.193, F.S.,
7
This program is a tax credit for eligible businesses located within one of 36 designated Qualified Rural Areas to create new
jobs. See s. 212.098, F.S.
8
Offers a tax credit for eligible businesses located within one of 13 designated urban areas to create new jobs. See s. 212.097,
F.S.
9
This is to spur job creation and capital investment in designated brownfield areas eligible for bonus refunds, and approved
applicants receive tax refunds up to $2,500 for each job created. See s. 2878.107, F.S.
10
This is available to facilities that burn boiler fuels, other than residual oil. See s. 212.08(5)(c), F.S.
11
This is available to qualified purchases made by production companies for motion pictures. See s. 288.1258, F.S.
12
This program stimulates access to credit for entrepreneurs and small businesses in Florida. See s. 288.9935, F.S.
BILL: SB 1540 Page 3
Rebuild Florida Business Loan Fund.13
III. Effect of Proposed Changes:
The Florida Jobs Retention Act of 2024
Section 1 of the bill creates s. 559.953, F.S., which provides that sections 559.953, 559.9531,
559.9532, 559.9532, 559.9534, and 559.9535, of the Florida Statutes, may be cited as the
“Florida Jobs Retention Act of 2024.”
Section 2 of the bill creates s. 559.9531, F.S., to provide the following definitions:
“Department” means the Department of Business and Professional Regulation (DBPR); and
“Employer” means a business enterprise that:
o Has been in operation in Florida for at least 6 months;
o Employs 75 or more individuals who, in the aggregate, work at least 1,500 hours per
week, not including hours of overtime, for the purpose of providing customer service or
conducting back-office operations; and
o Receives any direct or indirect state grant, state-guaranteed loan, or state tax benefit.
Section 3 of the bill creates s. 559.9532, F.S., to require an employer who intends to relocate out
of state or cease operation to provide notice to the DBPR. The bill provides that an employer
who intends to relocate a Florida business, or one or more facilities operating units within such
business comprising at least 30 percent of the business’s or operating unit’s total volume when
measured against the previous 12-month average volume of operations, out of Florida, or intends
to cease operation of such business, facilities, or operating units must notify the DBPR at least
180 days before such relocation or cessation. Additionally, the DBPR is required to compile and
publish on its website a semiannual list of all employers that relocate or cease operation.
Section 4 of the bill creates s. 559.9533, F.S., to provide that an employer included on the list
described in s. 559.9532, F.S., is ineligible for any direct or indirect state grant, state-guaranteed
loan, or state tax benefit for 5 years after the date that such list is published.
The bill requires an employer included on the list described in s. 559.9532, F.S., to remit to the
DBPR the remaining prorated value of any state grant, state-guaranteed loan, state tax benefit, or
other state governmental support received on or after the effective date of this bill.
The bill provides that the DBPR, in consultation with the appropriate state agency providing a
grant, loan, or tax benefit, may waive the requirements of s. 559.9533, F.S., if the employer
applying for such grant, loan, or benefit would result in substantial job loss in Florida, or harm to
the environment.
Section 5 of the bill creates s. 559.9534, F.S., to require the head of each state agency to ensure
that all state-business-related customer service work is performed by state contractors or their
agents or subcontractors entirely within Florida. A state contractor who currently performs state-
13
This program addresses the current gap in available, affordable capital for businesses. See The Florida Department of
Commerce, Economic and Workforce Development Resources, available at summary-of-economic-and-workforce-
development-resources.pdf (floridajobs.org) (last visited Jan. 22, 2024)
BILL: SB 1540 Page 4
business-related customer service work outside of Florida must comply with the provisions of
this bill within 2 years after the effective date of this bill. Additionally, if such a contractor hires
additional customer service employees who will perform work on Florida agency contracts,
those new employees must immediately be employed within Florida.
Section 6 of the bill creates s. 559.9535, F.S., to provide that the provisions of the bill may not
be construed to allow withholding or denial of payments, compensation, or benefits under any
other state law, including state unemployment compensation, disability payments, or worker
retraining or readjustment funds, to workers employed by employers that relocate out of Florida
or that cease operation.
Section 7 of the bill directs the Division of Law Revision to replace the phrase “the effective
date of this act” wherever it occurs in the Florida Jobs Retention Act of 2024 with the date the
act becomes effective.
Section 8 provides that the bill must take effect 240 days after becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Employers will be required to notify the DBPR if they intend to relocate a Florida
business or cease operation of such business. Additionally, an employer that intends to
BILL: SB 1540 Page 5
relocate a Florida business or cease operation of such business is ineligible for any direct
or indirect state grant, state-guaranteed loan, or state tax benefit for 5 years after the date
of such list is published.
C. Government Sector Impact:
The DBPR will be required to administer the Florida Jobs Retention Act of 2024, which
includes compiling and publishing on its website a semiannual list of all employers that
relocate or cease operation. Additionally, the head of each state agency will be required
to ensure that all state-business-related customer service work is performed by state
contractors or their agents or subcontractors entirely within Florida, which could impact
the cost of those services.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 559.953, 559.9531, 559.9532,
559.9533, 559.9534, 559.9535.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2024 SB 1540 Florida Senate - 2024 SB 1540
By Senator Torres
25-00895-24 20241540__ 25-00895-24 20241540__
1 A bill to be entitled 30 read:
2 An act relating to workforce retention; creating s. 31 559.953 Short title.—Sections 559.953-559.9535 may be cited
3 559.953, F.S.; providing a short title; creating s. 32 as the “Florida Jobs Retention Act of 2024.”
4 559.9531, F.S.; defining the terms “department” and 33 Section 2. Section 559.9531, Florida Statutes, is created
5 “employer”; creating s. 559.9532, F.S.; requiring 34 to read:
6 employers that intend to relocate out of state or 35 559.9531 Definitions.—As used in this act, the term:
7 cease operation to notify the Department of Business 36 (1) “Department” means the Department of Business and
8 and Professional Regulation within a specified 37 Professional Regulation.
9 timeframe before taking such action; requiring the 38 (2) “Employer” means a business enterprise that:
10 department to compile and publish a semiannual list of 39 (a) Has been in operation in this state for at least 6
11 employers that relocate out of state or cease 40 months;
12 operation; creating s. 559.9533, F.S.; providing that 41 (b) Employs 75 or more individuals who, in the aggregate,
13 such employers are ineligible for state grants, loans, 42 work at least 1,500 hours per week, not including hours of
14 or tax benefits for a specified timeframe; requiring 43 overtime, for the purpose of providing customer service or
15 such employers to remit certain funds to the 44 conducting back-office operations; and
16 department under certain circumstances; providing 45 (c) Receives any direct or indirect state grant, state-
17 exceptions; creating s. 559.9534, F.S.; requiring the 46 guaranteed loan, or state tax benefit.
18 head of each state agency to ensure that certain 47 Section 3. Section 559.9532, Florida Statutes, is created
19 services are performed by state contractors within the 48 to read:
20 state; requiring compliance by certain contractors by 49 559.9532 Employers intending to relocate out of state or
21 a specified date; requiring that certain customer 50 cease operation.—
22 service employees immediately be employed within the 51 (1) NOTICE REQUIREMENT.—An employer that intends to:
23 state; creating s. 559.9535, F.S.; providing 52 (a) Relocate a Florida business, or one or more facilities
24 construction; providing a directive to the Division of 53 or operating units within such business comprising at least 30
25 Law Revision; providing an effective date. 54 percent of the business’s or operating unit’s total volume when
26 55 measured against the previous 12-month average volume of
27 Be It Enacted by the Legislature of the State of Florida: 56 operations, out of the state; or
28 57 (b) Cease operation of such business, facilities, or
29 Section 1. Section 559.953, Florida Statutes, is created to 58 operating units
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1540 Florida Senate - 2024 SB 1540
25-00895-24 20241540__ 25-00895-24 20241540__
59 88 559.9534 In-state procurement.—The head of each state
60 must notify the department at least 180 days before such 89 agency shall ensure that all state-business-related customer
61 relocation or cessation. 90 service work is performed by state contractors or their agents
62 (2) LIST COMPILATION.—The department shall compile and 91 or subcontractors entirely within the state. A state contractor
63 publish on its website a semiannual list of all employers that 92 who currently performs state-business-related customer service
64 relocate or cease operation as described in subsection (1). 93 work outside the state must comply with this act within 2 years
65 Section 4. Section 559.9533, Florida Statutes, is created 94 after the effective date of this act. If such a contractor hires
66 to read: 95 additional customer service employees who will perform work on
67 559.9533 Grants and guaranteed loans.— 96 state agency contracts, those new employees must immediately be
68 (1) INELIGIBILITY.—Except as provided in subsection (3) and 97 employed within the state.
69 notwithstanding any other law, an employer included on the list 98 Section 6. Section 559.9535, Florida Statutes, is created
70 described in s. 559.9532 is ineligible for any direct or 99 to read:
71 indirect state grant, state-guaranteed loan, or state tax 100 559.9535 State benefits for workers.—This act may not be
72 benefit for 5 years after the date such list is published. 101 construed to allow withholding or denial of payments,
73 (2) REVERSION.—Except as provided in subsection (3) and 102 compensation, or benefits under any other state law, including
74 notwithstanding any other law, an employer included on the list 103 state unemployment compensation, disability payments, or worker
75 described in s. 559.9532 shall remit to the department the 104 retraining or readjustment funds, to workers employed by
76 remaining prorated value of any state grant, state-guaranteed 105 employers that relocate out of this state or that cease
77 loan, state tax benefit, or other state governmental support 106 operation.
78 received on or after the effective date of this act. 107 Section 7. The Division of Law Revision is directed to
79 (3) EXCEPTIONS.—The department, in consultation with the 108 replace the phrase “the effective date of this act” wherever it
80 appropriate state agency providing a grant, loan, or tax 109 occurs in this act with the date the act becomes effective.
81 benefit, may waive the requirements of this section if the 110 Section 8. This act shall take effect 240 days after
82 employer applying for such grant, loan, or benefit demonstrates 111 becoming a law.
83 that returning such grant, loan, or benefit would result in:
84 (a) Substantial job loss in this state; or
85 (b) Harm to the environment.
86 Section 5. Section 559.9534, Florida Statutes, is created
87 to read:
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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500 South Bronough Street
is duly appointed "'
Tallahassee, Fl orida 32399 -0250
Secretary, Dear Secretarv Byrd:
Department o{Com,_.ry9rc=-g
, =, Please be advised I have made thc' following appointment under the provisions
of Section 20.60, Florida Statutes:
f.or,a tenn beginning *
tlte fwetfth day of June, A.D., 2023,to
serve at the pleasure of the Governor and is subject to be Mr.J. Alex Kelly
confirmed by the Senate during the next regular session of the . 107 East Madison Street
Legisla ture. Tallahassee, Florida 32399
as Secretary of the Florida Department of Comrnerce, subject to confirmation by the
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Sincerel v,
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Before the Notary of y appeared
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who, after being duty swom, say: (l) that he/she has and personally prepared or read
the answers to the foregoing questions; (2)that the information contained in said answers is
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and complete and true; and (3) will, as an appointee, fully support the Constitutions of the
Government of the United States and of the State of Florida; that I am duly qualified to hold office United States and of
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(Full of Office - Abbreviations Not Accepted) Signature
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2024 Regular Session The Florida Senate
Gommittee Notice Of Hearing
Txe Flonroa Senlre
GOMMITTEE WITNESS OATH
IN THE FLORIDA SENATE
TALLAHASSEE, FLORIDA
IN RE: Executive Appointment of
James Alexander Kelly
CHAIR:
Secretary of Commerce
Please raise your right hand and be
NOTICE OF HEARING
sworn in as a witness.
TO: Mr. James Alexander Kelly
YOU ARE HEREBY NOTIFIED that the Committee on Commerce and Tourism of the Florida Senate will
conduct a hearing on your executive appointment on Tuesday, January 23,2024, in the ToniJennings
Do you swear or affirm that the evidence
Committee Room, 1 10 Senate Building, commencing at 1 :00 p.m., pursuant to Rule 12.7(1) of the Rules
of the Florida Senate.
you are about to give will be the truth, the
Please be present at the time of the hearing
DATED this the 18th day ol January,2024
whole truth, and nothing but the truth?
Committee on and T
bull
WITNESS'S NAME: James Alexander Kelly
Senator
As Chair by authority of the commiftee
ANSWER: rdo
Pursuant to $90.605(I), Florida Statutes: "The witness's answer shall
cc: Members, Committee on Commerce and Tourism be noted in the record."
Office of the Sergeant at Arms
COMMITTEE NAME: Commerce and Tourism
DATE: January 23,2024
01182024.1528 s-014 (03/04/13)
Attach in Session Organizer s-002 (02t11t2o20)
CourtSmart Tag Report 1:16:41 PM
1:17:03 PM
Senator Burgess explains the bill
Amendment #180646
1:17:46 PM Senator Burgess explains the amendment
1:17:52 PM No questions on the amendment
Room: SB 110 Case No.: Type: 1:18:26 PM Senator Burgess waives close on the amendment
Caption: Committee on Commerce and Tourism Judge: 1:18:36 PM Amendment adopted
1:18:41 PM Back on the bill as amended
Started: 1/23/2024 1:03:38 PM 1:18:47 PM Remarks by Chair Trumbull
Ends: 1/23/2024 2:43:30 PM Length: 01:39:53 1:18:52 PM No debate
1:18:56 PM Senator Burgess closes on the bill as amended
1:03:37 PM Chair Trumbull calls meeting to order 1:19:05 PM Roll call
1:03:47 PM Roll call 1:19:13 PM Tab 6 reported
1:03:55 PM Quorum 1:19:28 PM Tab 8- SB 58 Sales Tax Holiday for Micromobility Vehicles and Related Personal Safety Equipment
1:04:04 PM Remarks by Chair Trumbull 1:19:45 PM Senator Stewart explains the bill
1:04:09 PM Tab 7- SB 1748 Tourist Development Tax 1:20:04 PM Amendment #258478
1:04:31 PM Senator Brodeur explains the bill 1:20:10 PM Senator Stewart explains the amendment
1:04:51 PM Chair Trumbull 1:21:09 PM No questions
1:05:50 PM Questions 1:21:43 PM No debate
1:05:53 PM Senator Stewart 1:21:51 PM Senator Stewart closes on the amendment
1:05:56 PM Senator Brodeur 1:21:58 PM Amendment adopted
1:06:25 PM Senator Stewart 1:22:38 PM Back on the bill as amended
1:07:25 PM Senator Torres 1:22:44 PM No questions, public testimony, or debate
1:07:32 PM Senator Brodeur 1:22:47 PM Senator Stewart waives close on the bill as amended
1:07:40 PM Chair Trumbull 1:22:53 PM Roll call
1:08:10 PM Debate 1:22:59 PM Tab 8 reported
1:08:14 PM No debate 1:23:15 PM Tab 11- SB 1540 Workforce Retention
1:08:17 PM Roll call 1:23:21 PM Senator Torres explains the bill
1:08:21 PM Tab 7 reported 1:24:57 PM Remarks by Chair Trumbull
1:08:39 PM Tab 2- SB 542 Boards of Directors of Banks 1:25:00 PM No questions
1:08:50 PM Senator Ingoglia explains the bill 1:25:05 PM No public testimony
1:08:58 PM Questions 1:25:08 PM No debate
1:09:37 PM Senator Gruters 1:25:10 PM Senator Torres waives close on the bill
1:09:42 PM Senator Ingoglia 1:25:14 PM Roll call
1:09:49 PM Senator Gruters 1:25:23 PM Tab 11 reported
1:10:34 PM Senator Ingoglia 1:25:31 PM Tab 12- Appointments to the Secretary of Commerce
1:10:40 PM Senator Stewart 1:25:38 PM Chair Trumbull calls James Alexander Kelly forward
1:11:13 PM Senator Ingoglia 1:25:46 PM James Alexander Kelly sworn in
1:11:29 PM Senator Stewart 1:25:53 PM Mr. Kelly addresses the committee
1:11:54 PM Senator Torres 1:31:04 PM Remarks by Chair Trumbull
1:12:01 PM Senator Ingoglia 1:32:06 PM Senator Wright moves to confirm Mr. Kelly
1:12:09 PM Amendment #191300 1:32:28 PM Roll call
1:12:40 PM Senator Ingoglia explains the amendment 1:32:32 PM Confirmation of Mr. Kelly reported
1:12:45 PM Remarks by Chair Trumbull 1:32:42 PM Chair passed to Vice Chair Wright
1:13:15 PM Questions 1:32:59 PM Remarks by Chair Wright
1:13:20 PM No public testimony or debate 1:33:03 PM Tab 10- SB 1492 Employment Regulations
1:13:28 PM Senator Ingoglia waives close on the amendment 1:33:07 PM Senator Trumbull explains the bill
1:13:32 PM Amendment adopted 1:33:14 PM No questions
1:13:40 PM Debate 1:34:00 PM Amendment #709582
1:13:51 PM Roll call 1:34:09 PM Senator Trumbull explains the amendment
1:13:55 PM Tab 2 reported 1:34:16 PM Remarks by Chair Wright
1:14:13 PM Tab 5- SB 1218 Broadband 1:34:25 PM No questions
1:14:23 PM Senator Burgess explains the bill 1:34:28 PM Public testimony
1:14:28 PM No questions 1:34:34 PM Jess McCarty waives speaking time
1:14:45 PM Public testimony 1:34:47 PM Bob McKee waives speaking time
1:14:50 PM Meredith Pelton, Florida Tax Watch 1:34:58 PM Debate
1:15:03 PM Edda Ivonne Fernandez, AARP 1:35:02 PM Senator Gruters
1:15:54 PM Adam Basford, Associated Industries of Florida 1:35:24 PM Senator Stewart
1:16:04 PM No debate 1:35:34 PM Senator Rodriguez
1:16:07 PM Senator Burgess waives close on the bill 1:35:53 PM Senator Trumbull closes on the amendment
1:16:10 PM Roll call 1:36:18 PM Remarks by Chair Wright
1:16:18 PM Tab 5 reported 1:36:47 PM Amendment adopted
1:16:31 PM Tab 6- SB 1420 Department of Commerce 1:36:55 PM Back on the bill as amended
1:37:03 PM Remarks by Chair Wright 2:35:16 PM Tab 3- SB 998 Sale of Liquefied Petroleum Gas
1:37:12 PM Questions 2:35:22 PM Senator Collins explains the bill
1:37:29 PM Senator Torres 2:36:48 PM Questions
1:37:34 PM Senator Trumbull 2:37:11 PM Chair Wright
1:37:56 PM Senator Torres 2:37:17 PM Senator Collins
1:37:59 PM Senator Trumbull 2:37:40 PM Public testimony
1:38:27 PM Remarks by Chair Wright 2:37:56 PM Chair reads waiving appearance forms
1:39:15 PM Public testimony 2:38:13 PM Senator Collins waives close on the bill
1:39:21 PM Doug Bell, Associated General Contractors waives speaking time 2:38:18 PM Roll call
1:39:26 PM Jackson Oberlink, Florida Rising 2:38:27 PM Tab 3 reported
1:40:53 PM Adam Basford, Associated Industries of Florida 2:38:38 PM Tab 4- SB 1198 Corporate Actions
1:42:05 PM Jonathan Webber, SPLC Action Fund 2:38:48 PM Senator Martin explains the bill
1:43:08 PM Reverend Russell Meyer, Florida Faith Advocacy Office 2:39:34 PM Amendment #400960
1:46:01 PM Dr. Rich Templin, Florida AFL-CIO 2:40:34 PM Senator Martin explains the amendment
1:47:50 PM Derek Sindler, Farmworker Association of Florida 2:40:46 PM Senator Martin waives close on the amendment
1:51:18 PM Karen Woodall, Florida Center for Fiscal and Economic Policy 2:41:13 PM Amendment adopted
1:53:36 PM Carol Bowen, Associated Builders and Contractors 2:41:18 PM Back on the bill as amended
1:56:11 PM Carolyn Johnson, Florida Chamber of Commerce 2:41:23 PM Public testimony
1:56:59 PM Chair reads waiving appearance forms 2:41:29 PM Chair reads waiving appearance forms
1:59:06 PM Dolce, Farmworker Association of Florida 2:41:46 PM Senator Martin waives close on the bill as amended
2:00:45 PM Yensibel Vilorio, State Innovation Exchange Action 2:41:52 PM Roll call
2:00:57 PM Chair reads waiving appearance forms 2:41:55 PM Senator Stewart wishes to be recorded voting
2:04:16 PM Debate 2:42:40 PM Senator Wright wishes to be recorded voting
2:05:15 PM Senator Rodriguez 2:43:07 PM Senator Gruters moves to adjourn
2:05:51 PM Senator Stewart 2:43:20 PM Meeting adjourned
2:07:32 PM Senator Torres
2:10:22 PM Senator Trumbull closes on the bill as amended
2:13:01 PM Roll call
2:14:02 PM Tab 10 reported
2:14:23 PM Tab 9- SB 1260 Verification of Reemployment Assistance Benefit Eligibility
2:14:36 PM Senator Trumbull explains the bill
2:14:54 PM Questions
2:15:23 PM Senator Torres
2:15:29 PM Senator Trumbull
2:15:42 PM Senator Torres
2:15:47 PM Senator Trumbull
2:16:27 PM Senator Stewart
2:16:53 PM Senator Trumbull
2:17:03 PM Public testimony
2:17:32 PM Cindy Huddleston, Florida Policy Institute
2:19:42 PM Dr. Rich Templin, Florida AFL-CIO
2:23:34 PM Jackson Oberlink, Florida Rising
2:26:25 PM Karen Woodall, Florida Centers for Fiscal and Economic Policy
2:27:07 PM Chad Kunde, Florida Chamber of Commerce
2:27:07 PM
2:27:07 PM
2:28:04 PM Debate
2:28:36 PM Senator Torres
2:29:08 PM Senator Stewart
2:29:31 PM Senator Trumbull closes on the bill
2:30:43 PM Roll call
2:31:12 PM Tab 9 reported
2:31:32 PM Tab 1- SB 356 Notaries Public
2:31:37 PM Senator Avila explains the bill
2:32:29 PM Amendment #281962
2:33:30 PM Senator Avila explains the amendment
2:33:50 PM Amendment adopted
2:34:08 PM Back on the bill as amended
2:34:14 PM Public testimony
2:34:22 PM Chair reads waiving appearance forms
2:34:37 PM Roll call
2:35:11 PM Tab 1 reported
File and source
- File
- 2024-01-23_post-meeting-packet_7882.pdf
- Size
- 37,664,259 bytes
- SHA-256
- 0265cf3b55a2b64451a64201794f94616292b3a7fa77195e8c4eaf0c955a5252
- Original
- www.flsenate.gov