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Home Source documents Florida Senate Commerce and Tourism Committee post-meeting packet, January 30, 2024

Florida Senate Commerce and Tourism Committee post-meeting packet, January 30, 2024

Summary

The post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of 01/30/2024, 9:00 AM to 11:00 AM, 2024 Regular Session, chaired by Senator Trumbull with Senator Wright as Vice Chair. The agenda order lists SB 832 by Calatayud on employment of individuals with disabilities, CS/SB 902 by Boyd on motor vehicle retail financial agreements, SB 1072 by Avila on tourist development, SB 1346 by Berman on limited liability companies, SB 1596 by Burgess on employment of minors and SB 1688 by Osgood on career-themed courses, among others. It records amendment actions and carries the expanded agenda, bills and staff analyses.

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

Full text

01/30/2024 - Commerce and Tourism (9:00 AM - 11:00 AM)                                             2024 Regular Session
Customized                                                                                          01/30/2024 5:37 PM
Agenda Order

Tab 1    SB 832 by Calatayud; (Identical to H 01137) Employment of Individuals with Disabilities


 Tab 2   CS/SB 902 by BI, Boyd; (Similar to CS/H 00605) Motor Vehicle Retail Financial Agreements
945370   A      S L RCS              CM, Boyd                      Delete L.100 - 101:            01/30 12:26 PM

Tab 3    SB 1072 by Avila; (Identical to H 01081) Tourist Development


Tab 4    SB 1346 by Berman; (Identical to H 01231) Limited Liability Companies


Tab 5    SB 1596 by Burgess; (Compare to CS/CS/H 00049) Employment of Minors


Tab 6    SB 1688 by Osgood; (Identical to H 00553) Career-themed Courses


Tab 7    SB 1786 by DiCeglie; (Similar to H 01559) Professional Licensure and Certification


Tab 8    SB 1448 by Gruters; (Identical to H 01541) Transparency in Social Media




                                                         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 30, 2024
                    TIME:     9:00—11:00 a.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 832                             Employment of Individuals with Disabilities; Requiring    Favorable
        Calatayud                          the collection and sharing of data between multiple           Yeas 5 Nays 0
        (Identical H 1137)                 agencies for the interagency cooperative agreement
                                           under the Employment First Act; requiring the Office
                                           of Reimagining Education and Career Help to issue
                                           an annual statewide report by a specified date each
                                           year, etc.

                                           ED       01/23/2024 Favorable
                                           CM       01/30/2024 Favorable
                                           RC


   2    CS/SB 902                          Motor Vehicle Retail Financial Agreements; Revising       Fav/CS
        Banking and Insurance / Boyd       the definition of the term “guaranteed asset protection       Yeas 5 Nays 0
        (Similar CS/H 605)                 product”; prohibiting certain entities from deducting
                                           more than a specified amount in administrative fees
                                           when providing a refund of a guaranteed asset
                                           protection product; creating the “Florida Vehicle Value
                                           Protection Agreements Act”; authorizing the offer,
                                           sale, or gift of vehicle value protection agreements in
                                           compliance with a certain act; requiring vehicle value
                                           protection agreements to state the terms, restrictions,
                                           or conditions governing cancellation by the provider
                                           or the contract holder, etc.

                                           BI       01/16/2024 Fav/CS
                                           CM       01/30/2024 Fav/CS
                                           FP


   3    SB 1072                            Tourist Development; Providing an exception to the        Favorable
        Avila                              authorized uses of revenues received by counties              Yeas 5 Nays 0
        (Identical H 1081)                 imposing the tourist development tax; specifying uses
                                           of tax revenues received by certain counties imposing
                                           the tourist development tax; requiring that charter
                                           county convention development moneys be
                                           distributed to the governing boards of municipalities
                                           for specified purposes; revising the purposes for
                                           which a county may use charter county convention
                                           development moneys, etc.

                                           CM       01/30/2024 Favorable
                                           FT
                                           AP




                                                                                                                    S-036 (10/2008)
01302024.1118                                                                                                           Page 1 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 30, 2024, 9:00—11:00 a.m.

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

  4     SB 1346                         Limited Liability Companies; Specifying that certain        Favorable
        Berman                          limited liability companies are considered a                    Yeas 5 Nays 0
        (Identical H 1231)              nonresident under certain circumstances; providing
                                        for powers and prohibitions for protected series of
                                        series limited liability companies; authorizing
                                        domestic limited liability companies to establish
                                        protected series; providing specifications and
                                        requirements for the registered agent for a protected
                                        series; authorizing service on, and provision of notice
                                        and demand to, certain limited liability companies and
                                        protected series in a specified manner; requiring the
                                        Department of State to issue a certificate of status
                                        under certain circumstances, etc.

                                        CM       01/30/2024 Favorable
                                        JU
                                        FP


  5     SB 1596                         Employment of Minors; Removing certain                      Favorable
        Burgess                         employment restrictions for minors 16 and 17 years of           Yeas 4 Nays 1
        (Compare CS/CS/H 49)            age; revising the age at which certain employment
                                        restrictions apply; authorizing the Department of
                                        Business and Professional Regulation to grant
                                        waivers of certain employment restrictions; specifying
                                        applicable penalties for noncompliant employers, etc.

                                        CM       01/30/2024 Favorable
                                        RI
                                        RC


  6     SB 1688                         Career-themed Courses; Revising the requirements            Favorable
        Osgood                          for a specified school district strategic plan to include       Yeas 5 Nays 0
        (Identical H 553)               certain information; requiring the Department of
                                        Education to include specified data in an annual
                                        review of K-12 and postsecondary career and
                                        technical education offerings, etc.

                                        ED       01/23/2024 Favorable
                                        CM       01/30/2024 Favorable
                                        RC


  7     SB 1786                         Professional Licensure and Certification; Authorizing       Favorable
        DiCeglie                        the practice of a profession as a substitute for certain        Yeas 5 Nays 0
        (Similar H 1559)                professional or occupational degrees for certain
                                        foreign-trained professionals; revising education and
                                        work experience requirements for taking the surveyor
                                        and mapper licensure examination, etc.

                                        CM       01/30/2024 Favorable
                                        AEG
                                        RC




                                                                                                                   S-036 (10/2008)
01302024.1118                                                                                                          Page 2 of 3
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, January 30, 2024, 9:00—11:00 a.m.

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

  8     SB 1448                           Transparency in Social Media; Designating the            Favorable
        Gruters                           “Transparency in Social Media Act”; requiring foreign-       Yeas 5 Nays 0
        (Identical H 1541)                adversary-owned entities operating social media
                                          platforms in the state to publicly disclose specified
                                          information in a certain manner; requiring foreign-
                                          adversary-owned entities operating social media
                                          platforms to implement a user verification system for
                                          certain entities, etc.

                                          CM       01/30/2024 Favorable
                                          ACJ
                                          FP


        Other Related Meeting Documents




                                                                                                                  S-036 (10/2008)
01302024.1118                                                                                                         Page 3 of 3
                                                          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 832
INTRODUCER:          Senator Calatayud
SUBJECT:             Employment of Individuals with Disabilities
DATE:                January 29, 2024               REVISED:


             ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Brick                                Bouck                                 ED              Favorable
2. Renner                               McKay                                 CM              Favorable
3.                                                                            RC



    I.     Summary:

           SB 832 adds requirements relating to data sharing and accountability measures to the roles,
           responsibilities, and objectives included in the Employment First Act to achieve better
           employment outcomes for individuals with disabilities.

           The bill also requires the Office of Reimagining Education and Career Help to issue an annual
           statewide report by December 1 each year on the implementation of the Employment First Act
           and progress made on the accountability measures.

           The bill takes effect July 1, 2024.

    II.    Present Situation:

           The Employment First Act

           Employment is the most direct and cost-effective means to assist an individual in achieving
           independence and fulfillment; however, individuals with disabilities are confronted by unique
           barriers to employment which inhibit their opportunities to compete fairly in the labor force. The
           Employment First Act provides a framework for a long-term commitment to improving
           employment outcomes for individuals with disabilities.1 The Employment First Act:2
            Prioritizes employment of individuals with disabilities and improves the employment system
               to better integrate individuals with disabilities into the workforce; and
            Encourages a collaborative effort between state agencies and organizations to achieve better
               employment outcomes for individuals with disabilities.



1
    Section 413.80(2), F.S.
2
    Section 413.80(3), F.S.
BILL: SB 832                                                                                                   Page 2

        The Employment First Act requires certain state agencies and organizations, and others, as
        appropriate, to develop an interagency cooperative agreement. The agencies that must participate
        in developing the agreement include:3
         The Division of Vocational Rehabilitation of the Department of Education.
         The Division of Blind Services of the Department of Education.
         The Bureau of Exceptional Education and Student Services of the Department of Education.
         The Agency for Persons with Disabilities.
         The Substance Abuse and Mental Health Program Office of the Department of Children and
            Families.
         The Department of Commerce.
         CareerSource Florida, Inc.
         The Florida Developmental Disabilities Council.
         The Florida Association of Rehabilitation Facilities.

        The interagency cooperative agreement must identify its objectives and the roles and
        responsibilities of the state agencies and organizations. The objectives of the agreement must
        include:4
         Establishing a commitment by leadership of the state agencies and organizations to maximize
            resources and coordination to improve employment outcomes for individuals with disabilities
            who seek publicly funded services.
         Developing strategic goals and benchmarks to assist the state agencies and organizations in
            the implementation of the agreement.
         Identifying financing and contracting methods that will help to prioritize employment for
            individuals with disabilities by state agencies and organizations.
         Establishing training methods to better integrate individuals with disabilities into the
            workforce.
         Ensuring collaborative efforts between multiple agencies to achieve the purposes of the
            Employment First Act.
         Promoting service innovations to better assist individuals with disabilities in the workplace.
         Identifying accountability measures to ensure the sustainability of the agreement.

        Florida’s current interagency cooperative agreement remains in effect until June 30, 2024.5

        Office of Reimagining Education and Career Help

        In 2021, the Legislature passed the Reimagining Education and Career Help Act (REACH Act).
        The REACH Act serves to address the evolving needs of Florida’s economy by increasing the
        level of collaboration and cooperation among state businesses and education communities while
        improving training and equity and access to a more integrated workforce and education system. 6



3
  Section 413.80(4), F.S.
4
  Section 413.80(5), F.S.
5
  The Able Trust, Maximizing Employment for Persons with Disabilities in Florida (Nov. 28, 2023), available at
https://www.abletrust.org/wp-content/uploads/2023/12/FINAL-REPORT-11.28.2023.pdf at 30 (last visited Jan. 29, 2024).
6
  Chapter 2021-164, s. 1, Laws of Fla., codified at s. 14.36, F.S.
BILL: SB 832                                                                                          Page 3

         To facilitate alignment and coordination of entities responsible for Florida’s workforce
         development system, the Office of Reimagining Education and Career Help (REACH Office)
         was created in the Executive Office of the Governor. The Director of the REACH Office is
         appointed by, and serves at the pleasure of, the Governor.7

         The duties of the REACH Office are to:8
          Serve as an advisor to the Governor on matters related to the state's workforce development
            system.
          Establish criteria and goals for workforce development and diversification in Florida’s
            workforce development system.
          Provide strategies to align and improve efficiency in Florida’s workforce development
            system and the delivery of workforce related programs.
          Coordinate state and federal workforce related programs, plans, resources, and activities
            provided by CareerSource, the Department of Commerce, and the Department of Education
            (DOE).
          Oversee the workforce development information system designed by the DOE to verify the
            validity of data collected and monitor compliance of workforce related programs and
            education and training programs with applicable federal and state requirements as authorized
            by federal and state law.
          Serve on the Credentials Review Committee to identify non-degree and degree credentials of
            value and facilitate the collection of data necessary to conduct committee work.
          Coordinate and facilitate a memorandum of understanding for data sharing agreements of the
            state's workforce performance data among state agencies and align, to the greatest extent
            possible, adopted performance measures.
          Develop the criteria for assigning a letter grade for each local workforce development board.
          Streamline the clinical placement process and increase clinical placement opportunities for
            students, hospitals, and other clinical sites by administering, directly or through a contract, a
            web-based centralized clinical placement system for use by all nursing education programs
            subject to the requirements of nursing education program approval.
          Direct the objectives of the Talent Development Council.

         The office is required to provide the public with access to available federal, state, and local
         services and provide stakeholders with a systemwide, global view of workforce related program
         data across various programs through actionable qualitative and quantitative information.9

         The Florida Endowment Foundation for Vocational Rehabilitation

         The Florida Endowment Foundation for Vocational Rehabilitation (Able Trust), is a direct
         support organization for the Division of Vocational Rehabilitation, within the DOE, that is
         intended to encourage public and private support to enhance vocational rehabilitation and
         employment of citizens who are disabled.10 A board of directors, appointed by the Governor,
         oversees the operations of the Able Trust and ensures that funds are provided for programs or

7
  Section 14.36(1), F.S.
8
  Section 14.36(3)(a)-(j), F.S.
9
  Section 14.36(5), F.S.
10
   Section 413.615(5), F.S.
BILL: SB 832                                                                                                       Page 4

        initiatives which engage in the research, promotion, or aid of job training and counseling for
        Florida’s disabled citizens, and to support the work of the Division of Vocational
        Rehabilitation.11

        The Able Trust is required to conduct research and issue reports on the systems in Florida that
        provide services to individuals with disabilities, including autism and intellectual and
        developmental disabilities.12 The board of the Able Trust was required to submit a report to the
        Legislature, and duly did so on November 28, 2023. The board was required to:13
         Identify the current systems for service delivery to persons with disabilities, including
           operations, services, coordination activities, and structures.
         Identify barriers and obstacles in transportation for persons with disabilities living in the
           home or receiving community-based services for jobs, medical appointments, and peer-to-
           peer groups.
         Identify workforce issues related to direct support professionals, behavioral or mental health
           specialists, health care practitioners, and other individuals who assist with the provision of
           services to persons with disabilities.
         Examine the best practices for uniform and efficient service delivery and the coordination of
           and transition among systems, including transitioning out of high school.
         Examine federal and state law and rules that impact or limit supports or services for persons
           with disabilities.
         Identify systemwide incongruency and inefficiencies in service delivery.
         Identify opportunities for job coaching and community participation supports, including
           those opportunities for individuals who cannot or choose not to go into the community
           because of underlying issues.

        In the report, the board recommended that the partners to the interagency cooperative agreement
        should establish uniform employment outcome data and set targets for improvement that
        encompass various employment outcomes, including competitive or gainful employment.14 The
        board noted it would be particularly valuable for agencies if the employment outcome data and
        targets for improvement included the categories of:15
         Competitive integrated employment;16
         Non-integrated employment; and
         Sub-minimum wage employment.

        The Able Trust noted that the centralization of data, reporting, and information on an interagency
        portal for streamlined service access, reporting, and follow-up may serve to enhance awareness

11
   Sections 413.615(4)(c), and (8)-(10), F.S.
12
   Section 413.615(10)(a)2., F.S.
13
   Section 413.615(10)(a)2., F.S.
14
   The Able Trust, Maximizing Employment for Persons with Disabilities in Florida (Nov. 28, 2023), available at
https://www.abletrust.org/wp-content/uploads/2023/12/FINAL-REPORT-11.28.2023.pdf at 30 (last visited Jan. 29, 2024).
15
   The Able Trust, Maximizing Employment for Persons with Disabilities in Florida (Nov. 28, 2023), available at
https://www.abletrust.org/wp-content/uploads/2023/12/FINAL-REPORT-11.28.2023.pdf at 30 (last visited Jan. 29, 2024).
16
   The term "competitive integrated employment" refers to full-time or part-time work (including self-employment) where an
individual is paid at least minimum wage or the standard rate for similar work, is eligible for the same benefits as other
employees, works in a setting where they interact with non-disabled individuals to a similar extent as their non-disabled
counterparts, and has comparable opportunities for advancement. 29 U.S.C. s. 705(5).
BILL: SB 832                                                                                                   Page 5

        and communication regarding post-secondary education and employment resources, employer-
        centric support and resources for individuals with disabilities, and awareness of resources related
        to transportation, housing, and benefits or medical assistance planning services.17

III.    Effect of Proposed Changes:

        SB 832 modifies s. 413.80, F.S., to add to the roles, responsibilities, and objectives of the
        interagency cooperative agreement that implements the Employment First Act to achieve better
        employment outcomes for individuals with disabilities.

        The bill requires that the interagency cooperative agreement ensure that collaborative efforts
        between the agencies include the collection and sharing of data. The bill also requires that the
        accountability measures in the interagency cooperative agreement include, minimally,
        systemwide measures to:
         Increase the number of individuals working in competitive integrated employment;
         Decrease the number of individuals working in subminimum wage employment; and
         Decrease the number of individuals working in nonintegrated employment settings.

        The bill also requires the Office of Reimagining Education and Career Help to issue an annual
        statewide report by December 1 each year on the implementation of the Employment First Act
        and progress made on the accountability measures.

        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.


17
  The Able Trust, Maximizing Employment for Persons with Disabilities in Florida (Nov. 28, 2023), available at
https://www.abletrust.org/wp-content/uploads/2023/12/FINAL-REPORT-11.28.2023.pdf at 31 (last visited Jan. 29, 2024).
 BILL: SB 832                                                                                                                         Page 6

  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 413.80 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 832          Florida Senate - 2024                                        SB 832



       By Senator Calatayud




       38-01067-24                                                2024832__          38-01067-24                                                2024832__
1                              A bill to be entitled                          30     increase the number of individuals working in competitive
2           An act relating to employment of individuals with                 31     integrated employment, decrease the number of individuals
3           disabilities; amending s. 413.80, F.S.; requiring the             32     working in subminimum wage employment, and decrease the number
4           collection and sharing of data between multiple                   33     of individuals working in nonintegrated employment settings.
5           agencies for the interagency cooperative agreement                34          (6) ANNUAL REPORT.—The Office of Reimagining Education and
6           under the Employment First Act; providing requirements            35     Career Help shall issue an annual statewide report by December 1
7           for accountability measures; requiring the Office of              36     each year on the implementation of this act and progress made on
8           Reimagining Education and Career Help to issue an                 37     the accountability measures.
9           annual statewide report by a specified date each year;            38          Section 2. This act shall take effect July 1, 2024.
10          providing an effective date.
11
12     Be It Enacted by the Legislature of the State of Florida:
13
14          Section 1. Paragraphs (e) and (g) of subsection (5) of
15     section 413.80, Florida Statutes, are amended, and subsection
16     (6) is added to that section, to read:
17          413.80 Employment First Act.—
18          (5) ROLES, RESPONSIBILITIES, AND OBJECTIVES.—The
19     interagency cooperative agreement must identify the roles and
20     responsibilities of the state agencies and organizations
21     identified in subsection (4) and the objectives of the
22     interagency cooperative agreement, which must include all of the
23     following:
24          (e) Ensuring collaborative efforts between multiple
25     agencies to achieve the purposes of this act, including the
26     collection and sharing of data.
27          (g) Identifying accountability measures to ensure the
28     sustainability of this agreement. At a minimum, the
29     accountability measures shall include systemwide measures to

                                   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.
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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/CS/SB 902
INTRODUCER:     Commerce and Tourism Committee; Banking and Insurance Committee; and Senator
                Boyd
SUBJECT:        Motor Vehicle Retail Financial Agreements
DATE:           January 30, 2024                REVISED:


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



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




 I.     Summary:

        CS/SB 902 substantially adopts portions of the Products Model Act by the Guarantee Asset
        Protection Alliance relating to vehicle value protection agreements, excess wear and use waivers,
        and guaranteed asset protection products.

        Vehicle Value Protection Agreements

        The bill creates the “Florida Vehicle Value Protection Agreements Act” (the “Florida Act”),
        which includes:
         Definitions of the terms: administrator, commercial transaction, consumer, contract holder,
           finance agreement, free look period, motor vehicle, provider, and vehicle value protection
           agreement.
           o A “vehicle value protection agreement” is a contractual agreement that provides a benefit
                toward either the reduction of some or all of the contract holder’s current finance
                agreement deficiency balance, or the purchase or lease of a replacement motor vehicle
                upon the occurrence of an adverse event to the vehicle. The term does not include
                guaranteed asset protection products, and the product is not insurance.
         Requirements for offering vehicle value protection agreements (“VVPAs”), including
           provisions regarding restricting the type of charges, prohibiting certain conditional sales,
           utilizing an administrator, providing a copy of the agreement, prohibiting sales with
           duplicative coverage, and providing for financial security requirements;
BILL: CS/CS/SB 902                                                                                   Page 2

         The nature, extent and type of disclosures required in VVPAs;
         Penalties for violating the Florida Act, which include noncriminal violations punishable by a
          fine per violation or in the aggregate for all “violations of a similar nature,” which is defined
          in the bill; and
         Exemption of VVPAs offered in connection with a commercial transaction from the
          disclosure and penalty provisions of the Florida Act.

      Excess Wear and Use Waivers

      The bill authorizes a retail lessee to contract with a retail lessor for an “excess wear and use
      waiver,” which is an agreement wherein the lessor agrees to cancel all or part of amounts that
      may become due under the lease because of excessive wear and use of a motor vehicle. The bill
      also prohibits the terms of the related motor vehicle lease from being conditioned upon the
      consumer’s payment for any excess wear and use wavier, except such waiver may be discounted
      or given at no charge for the purchase of other noncredit-related goods. A lease agreement that
      includes an excess wear and use waiver must contain certain disclosures. An excess wear and use
      waiver is not insurance for purposes of the Florida Insurance Code.

      Guaranteed Asset Protection Products

      The bill amends the definition of “guaranteed asset protection product” (“GAP product”), which
      is an agreement by which a creditor agrees to waive a customer’s liability for any debt that
      exceed the value of the collateral, to specify that a GAP product:
       May be with or without a separate charge;
       May cancel, rather than just waive, the customer’s liability;
       Applies when a motor vehicle incurs total physical damage or is subject to an unrecovered
          theft; and
       May provide for a benefit that waives a portion of, or provides a customer with a credit
          toward, the purchase of a replacement vehicle.

      The bill also amends the provisions regarding GAP products to:
       Provide for the refund of all unearned portions of the purchase price of a contract for a GAP
         product if the contract is terminated, unless the contract provides otherwise;
       Prohibit an entity from deducting more than $75 in administrative fees from a refund;
       Provide that a GAP product may be cancelable or noncancelable after a “free-look period”
         defined in the bill; and
       Provide that if a termination of a GAP product occurs for a specified reason, the entity may
         pay any refund directly to the holder or administrator, and deduct the refund amount from the
         amount owed under the retail installment contract except if such contract has been paid in
         full.

      The bill has an effective date of October 1, 2024.
BILL: CS/CS/SB 902                                                                                                       Page 3

    II.   Present Situation:

          Florida Motor Vehicle Sales Finance Laws

          The Florida Motor Vehicle Retail Sales Finance Act1 regulates sellers,2 commonly referred to as
          auto dealers, who enter into retail installment contracts3 with buyers4 for the purchase or lease of
          a motor vehicle.5 Except for certain businesses, such as banks or trust companies, sellers are
          required to obtain a license to operate in Florida.6 A seller must submit an application, specified
          information, and a nonrefundable fee to the Office of Financial Regulation (OFR) to obtain the
          required license.7

          Any person who willfully and intentionally violates any provision of s. 520.995, F.S., or engages
          in the business of a retail installment seller without a license is guilty of a misdemeanor of the
          first degree. Section 520.995, F.S., provides grounds for disciplinary action by the OFR when,
          for instance, there is failure to comply with any provision of ch. 520, F.S. Further, the OFR has
          authority to issue and serve upon any person a cease and desist order whenever such person is
          violating, has violated, or is about to violate any provision of ch. 520, F.S.,8 or may impose an
          administrative fine not to exceed $1,000 for each violation that has occurred.9

          Retail installment contracts must comply with several requirements and prohibitions, including,
          but not limited to, that the agreement must:
           Be in writing;10
           Contain a “Notice to the Buyer” which includes specified information;11 and
           Contain other specified information, including the amount financed, finance charges, total
              amount of payments, total sale price, and payment details.12

          Sellers must provide buyers with a separate written itemization of the amount financed.13 Florida
          law contains several other provisions to protect the buyer, such as regulation on insurance rates,

1
  Sections 520.01-520.10, 520.12, 520.125, and 520.13, F.S.
2
  Section 520.02(11), F.S., defines “motor vehicle retail installment seller” or “seller” as a person engaged in the business of
selling motor vehicles to retail buyers in retail installment transactions.
3
  “Retail installment contract” or “contract” is defined as an agreement, entered into in this state, pursuant to which the title
to, or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a
seller from a retail buyer as security, in whole or in part, for the buyer’s obligation. The term includes a conditional sales
contract and a contract for the bailment or leasing of a motor vehicle by which the bailee or lessee contracts to pay as
compensation for its use a sum substantially equivalent to or in excess of its value and by which it is agreed that the bailee or
lessee is bound to become, or for no further or a merely nominal consideration, has the option of becoming, the owner of the
motor vehicle upon full compliance with the provisions of the contract. Section 520.02(17), F.S.
4
  “Retail buyer” or “buyer” is defined as a person who buys a motor vehicle from a seller not principally for the purpose of
resale, and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and
obligations of such person.
5
  See Ch. 520, F.S.
6
  Section 520.03(1), F.S.
7
  Id.
8
  Section 520.994(3), F.S.
9
  Section 520.994(4), F.S.
10
   Section 520.07(1)(a), F.S.
11
   Section 520.07(1)(b), F.S.
12
   Section 520.07(2), F.S.
13
   Section 520.07(3), F.S.
BILL: CS/CS/SB 902                                                                                                       Page 4

         refunds for unearned insurance premiums, limits on the amount of delinquency charges a
         holder14 may charge, and restrictions on when a contract may be signed with blank spaces.15

         In conjunction with entering into any new retail installment contract or contract for a loan, a
         seller, a sales finance company,16 or a retail lessor,17 and any assignee of such an entity, may
         offer an optional guaranteed asset protection product (“GAP product”) for a fee or otherwise.18
         Florida law defines a “guaranteed asset protection product” as:
                  a loan, lease, or retail installment contract term, or modification or addendum to a
                  loan, lease, or retail installment contract, under which a creditor agrees to waive a
                  customer’s liability for payment of some or all of the amount by which the debt
                  exceeds the value of the collateral. Such a product is not insurance for purposes of
                  the Florida Insurance Code. This subsection also applies to all guaranteed asset
                  protection products issued before October 1, 2008.

         A seller or any other authorized entity may not require the buyer to purchase a GAP product as a
         condition for making the loan. In order to offer a GAP product, a seller or any other authorized
         entity must comply with the following:19
          The cost of any GAP product must not exceed the amount of the loan indebtedness.
          Any contract or agreement pertaining to a GAP product must be governed by s. 520.07, F.S.,
             relating to requirements and prohibitions as to retail installment contracts.
          A GAP product must remain the obligation of any person that purchases or otherwise
             acquires the loan contract covering such product.
          An entity providing GAP products must provide readily understandable disclosures that
             explain in detail eligibility requirements, conditions, refunds, and exclusions. The disclosures
             must explain that the purchase of the GAP product is optional, and must meet certain criteria
             regarding the language contained in it.
          An entity must provide a copy of the executed contract for the GAP product to the buyer.
          An entity may not offer a contract for a GAP product that contains terms giving the entity the
             right to unilaterally modify the contract unless:
             o The modification is favorable to the buyer and is made without any additional charge; or
             o The buyer is notified of any proposed change and is provided a reasonable opportunity to
                 cancel the contract without penalty before the change goes in effect.
          If a contract for a GAP product is terminated, the entity must refund to the buyer any
             unearned fees paid for the contract unless the contract provides otherwise. A customer who
             receives the benefit of the GAP product is not entitled to a refund. The buyer must notify the
             entity of the event terminating the contract and request a refund within 90 days after the

14
   Section 520.02(8), F.S., provides that a “holder” of a retail installment contract means the retail seller of a motor vehicle
retail installment contract or an assignee of such contract.
15
   Section 520.07, F.S.
16
   Section 520.02(19), F.S., defines “sales finance company” as a person engaged in the business of purchasing retail
installment contracts from one or more sellers. The term includes, but is not limited to, a bank or trust company, if so
engaged. The term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon.
17
   Section 521.003(8), F.S., defines “retail lessor” as a person who regularly engages in the business of selling or leasing
motor vehicles and who offers or arranges a lease agreement for a motor vehicle. The term includes an agent or affiliate who
acts on behalf of the retail lessor and excludes any assignee of the lease agreement.
18
   Section 520.07(11), F.S.
19
   Id.
BILL: CS/CS/SB 902                                                                                                Page 5

             terminating event. An entity may offer a buyer a nonrefundable contract for a GAP product
             only if the entity also offers the buyer a bona fide option to purchase a comparable contract
             that provides for a refund.

        Ch. 520, F.S., does not contain any provisions on vehicle value protection agreements
        (“VVPAs”) or excess wear and use waivers.

        GAPA Products Model Act

        The Guarantee Asset Protection Alliance (“GAPA”) is an organization composed of insurance
        companies, lenders, and administrative services companies, and offers member benefits relating
        to, amongst other things, legislative efforts regarding GAP waivers.20 On November 30, 2023,
        GAPA approved the latest Products Model Act (the “Revised Model Act”) relating to motor
        vehicle financial protection,21 such as VVPA and debt waivers.22 Debt waivers include GAP
        products and excess wear and use waivers.23 The Model Act relates to the GAP waiver only. The
        Revised Model Act, of which the bill adopts many portions, incorporates updated provisions on
        GAP waivers, provisions covering excess wear and use waivers, and provisions on VVPAs.
        According to GAPA, 15 states have enacted GAP waivers, 22 states have adopted the Model Act
        (including Florida), and 4 states have adopted the Revised Model Act.24

III.    Effect of Proposed Changes:

        Florida Vehicle Value Protection Agreements Act

        Section 3 of the bill provides that ss. 520.151, F.S., to 520.156, F.S., may be cited as the “Florida
        Act.”

        Section 4 of the bill defines, for purposes of the Florida Vehicle Value Protection Agreements
        Act, the following terms:
         “Administrator” means the person who is responsible for the administrative or operational
           function of managing vehicle value protection agreements, including, but not limited to, the
           adjudication of claims or benefit requests by contract holders.
         “Commercial transaction” means a transaction in which the motor vehicle subject to the
           transaction is used primarily for business or commercial purposes.
         “Contract holder” means a person who is the purchaser or holder of a vehicle value
           protection agreement.
         “Finance agreement” means a loan, retail installment sales contract, or lease for the purchase,
           refinancing, or lease of a motor vehicle.

20
   The GAPA, Membership, available at: GAPA Membership Information (gapalliance.org) (last visited Jan. 29, 2024).
21
   The GAPA, Motor Vehicle Financial Protection Products Model Act, Nov. 30, 2023, p. 2, available at: GAPA-Model-Act-
APPROVED-2023_11_30.pdf (gapalliance.org) (last visited Jan. 29, 2024) (hereinafter cited as the “Revised Model Act”).
The Revised Model Act defines “Motor Vehicle Financial Protection Products” as agreements defined herein that protect a
Consumer’s financial interest in their current or future motor vehicle and include but are not limited to debt waivers and
vehicle value protection agreements.
22
   The Revised Model Act.
23
   The Revised Model Act at p. 2-3.
24
   The GAPA, Legislative Status of GAP Waiver, May 2023, available at: PowerPoint Presentation (gapalliance.org) (last
visited Jan. 29, 2024).
BILL: CS/CS/SB 902                                                                                   Page 6

             “Free-look period” means the period of time, commencing on the effective date of the
              contract, during which the buyer may cancel the contract for a full refund of the purchase
              price. This period may not be shorter than 30 days.
             “Motor vehicle” has the same meaning as provided in s. 520.02, F.S., which defines the term
              as any device or vehicle, including automobiles, motorcycles, motor trucks, trailers, mobile
              homes, and all other vehicles operated over the public highways and streets of this state and
              propelled by power other than muscular power, but excluding traction engines, road rollers,
              implements of husbandry and other agricultural equipment, and vehicles which run only
              upon a track.
             “Provider” means a person that is obligated to provide a benefit under a VVPA. A provider
              may function as an administrator or retain the services of a third-party administrator.
             “Vehicle value protection agreement” includes a contractual agreement that provides a
              benefit towards either the reduction of some or all of the contract holder’s current finance
              agreement deficiency balance or the purchase or lease of a replacement motor vehicle or
              motor vehicle services upon the occurrence of an adverse event to the motor vehicle,
              including, but not limited to, loss, theft, damage, obsolescence, diminished value, or
              depreciation. The term does not include GAP products defined in s. 520.02, F.S. Such a
              product is not insurance for purposes of the Florida Insurance Code.

         All of the defined terms are substantially the same as the definitions contained in the Revised
         Model Act.25

         Section 5 of the bill provides that a VVPA may be offered, sold, or given to consumers in
         compliance with the Florida Act. Notwithstanding any other law, any amount charged or
         financed for a VVPA must not be a finance charge or interest and must be separately stated in the
         finance agreement and in the VVPA. The extension or terms of credit, or the terms of the motor
         vehicle sale or lease may not be conditioned upon the consumer’s payment for or financing of
         any charge for a VVPA, except a VVPA may be discounted or given at no charge in connection
         with the purchase of other noncredit-related goods or services. These provisions are substantially
         the same as the provisions in the Revised Model Act that apply to the requirements for offering
         motor vehicle financial protection products.26

         The bill authorizes a provider to use an administrator or other designee to administer a VVPA. A
         consumer may not be sold a VVPA unless a copy of the agreement has been or will be provided
         to him or her at a reasonable time after such agreement is sold, or if coverage is duplicative of
         another VVPA sold to a person or duplicative of a GAP product. The Revised Model Act does
         not contain a provision that prohibits duplicative coverage. This provision was added to ensure
         consumers were not purchasing products that provide the same coverage.

         Each provider must do one of the following:
          Insure27 all of its VVPAs under a policy that pays or reimburses the contract holder in the
            event the provider fails to perform its obligations under the agreement. The Revised Model
            Act provides more details on the amount of minimum coverage that would be required. This

25
   The Revised Model Act at pp. 1-2, and 6
26
   The Revised Model Act at p. 2.
27
   The insurer must be licensed or otherwise authorized or eligible to do business in this state.
BILL: CS/CS/SB 902                                                                                   Page 7

          language was omitted to avoid inconsistencies with the Florida Insurance Code, but the
          overall intent and protection afforded under the Revised Model Act is maintained under this
          provision in the bill.
         Maintain a funded reserve account for its obligations under its contracts issued and
          outstanding in this state. The reserves may not be less than 40 percent of gross consideration
          received, less claims paid, on the sale of the VVPA for all in-force contracts in this state. The
          reserve must be placed in trust with the OFR and have a financial security deposit valued at
          not less than 5 percent of the gross consideration received, less claims paid, on the sale of the
          VVPAs for all VVPAs issued and in force in this state, but at least $25,000. The reserve
          account must consist of one of the following:
          o A surety bond issued by an authorized surety;
          o Securities of the type eligible for deposit by insurers as provided in s. 625.52, F.S.;
          o Cash; or
          o A letter of credit issued by a qualified financial institution.
         Maintain, or together with its parent corporation maintain, a net worth or stockholders’
          equity of $100 million and, upon request, provide the OFR with a copy of the provider’s or
          the provider’s parent company’s Form 10-K or Form 20-F filed with the Securities and
          Exchange Commission (“SEC”) within the last calendar year, or if the company does not file
          with the SEC, a copy of the company’s audited financial statements, which must show a net
          worth of the provider or its parent company of at least $100 million. If the provider’s parent
          company’s Form 10-K, Form 20-F, or financial statements are filed to meet the provider’s
          financial security requirement, the parent company must agree to guarantee the obligations of
          the provider relating to vehicle value protection agreements sold by the provider in this state.

      A financial security requirement other than those described in this paragraph may not be imposed
      on VVPA providers.

      Section 6 of the bill requires VVPAs to disclose in writing, in clear, understandable language, all
      of the following:
       The name and address of the provider, contract holder, and administrator.
       The terms of the VVPA, including any purchase price to be paid by the contract holder, the
          requirements for eligibility and conditions of coverage, and any exclusions.
       Whether the VVPA may be canceled by the contract holder during a free-look period, and
          that the contract holder is entitled to a full refund if the contract is cancelled of any purchase
          price if no benefits have been provided.
       Any procedure the contract holder must follow to obtain a benefit under the terms and
          conditions of the VVPA, including a telephone number, website, or mailing address where
          the contract holder may apply for a benefit.
       Whether the VVPA is cancelable after the free-look period and the conditions under which it
          may be canceled, including the procedures for requesting any refund of the unearned
          purchase price paid by the contract holder. In the event that the agreement is cancelable, it
          must include the methodology for calculating any refund due of the unearned purchase price
          of the vehicle value protection agreement.
       The extension or terms of credit, or the terms of the related motor vehicle sale or lease may
          not be conditioned upon the purchase of the vehicle value protection agreement.
BILL: CS/CS/SB 902                                                                                                      Page 8

            A VVPA must state the terms, restrictions, or conditions governing cancellation of the
             VVPA before the termination or expiration date of the VVPA by either the provider or the
             contract holder. The provider of the VVPA shall mail a written notice to the contract holder
             at the last known address of the contract holder contained in the records of the provider at
             least 5 days before cancellation by the provider, which notice must state the effective date of
             the cancellation and the reason for the cancellation. However, such prior notice is not
             required if the reason for cancellation is nonpayment of the provider fee, a material
             misrepresentation by the contract holder to the provider or administrator, or a substantial
             breach of duties by the contract holder relating to the covered motor vehicle or its use. If a
             vehicle value protection agreement is canceled by the provider for a reason other than
             nonpayment of the provider fee, the provider must refund to the contract holder 100 percent
             of the unearned pro rata provider fee paid by the contract holder, if any. If coverage under the
             vehicle value protection agreement continues after a claim, any refund may reflect a
             deduction for claims paid and, at the discretion of the provider, an administrative fee of not
             more than $75.

         Section 7 of the bill provides that the provisions on disclosures (section 6) and the provisions on
         penalties (section 8) do not apply to VVPAs offered in connection with a commercial
         transaction, which is defined in section 4 of the bill as a transaction in which the motor vehicle
         subject to the transaction is used primarily for business or commercial purposes. This section of
         the bill adopts the Revised Model Act.

         Section 8 of the bill provides that a provider, an administrator, or any other person who willfully
         and intentionally violates the Florida Vehicle Value Protection Agreements Act commits a
         noncriminal violation.28 Such violation is punishable by a civil fine not to exceed $500 per
         violation and not more than $10,000 in the aggregate for all violations of a similar nature. For
         purposes of this section, the term “violations of a similar nature” means violations that consist of
         the same or similar course of conduct, action, or practice, irrespective of the number of times the
         action, conduct, or practice determined to be a violation of the Florida Act occurred. The bill
         adopts part of the Revised Model Act that provides for penalties, including the issuance of cease
         and desist orders and the imposition of penalties. The OFR has administrative authority to issue
         cease and desist orders pursuant to s. 520.994, F.S.

         Excess Wear and Use Waiver Agreements

         Section 9 of the bill substantially adopts the definition of “excess wear and use waiver” in the
         Revised Model Act to mean a contractual agreement wherein a lessor agrees, with or without a
         separate charge, to cancel or waive all or part of amounts that may become due under a lease
         agreement as a result of excessive wear and use of a motor vehicle, which agreement must be
         part of, or a separate addendum to, the lease agreement. Such waivers may also cancel or waive
         amounts due for excess mileage.



28
  Section 775.08(3), F.S., defines “noncriminal violation” as any offense that is punishable under the laws of this state, or
that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A
noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal
disability based on a criminal offense.
BILL: CS/CS/SB 902                                                                                     Page 9

      The bill establishes legal authority and requirements for retail lessees to contract with retail
      lessors for an excess wear and use waiver in connection with lease agreements. The terms of the
      related motor vehicle lease may not be conditioned upon the consumer’s payment for any excess
      wear and use waiver. However, excess wear and use waivers may be discounted or given at no
      charge in connection with the purchase of other noncredit-related goods. A lease agreement that
      includes an excess wear and use waiver must disclose all of the following:
       The total charge for the excess wear and use waiver.
       Any exclusions or limitations on the amount of excess wear and use which may be waived
          under the excess wear and use waiver.
       The terms, restrictions, or conditions governing cancellation of the excess wear and use
          waiver before the termination or expiration of the excess wear and use waiver, which may
          include an administrative fee of not more than $75.

      The bill provides that an excess wear and use waiver is not insurance for purposes of the Florida
      Insurance Code.

      Guaranteed Asset Protection Products

      Section 1 of the bill amends the definition of “guaranteed asset protection product” to mean:
             a loan, lease, or retail installment contract term, or modification or addendum to a loan,
             lease, or retail installment contract, under which a creditor agrees, with or without a
             separate charge, to cancel or waive a customer’s liability for payment of some or all of
             the amount by which the debt exceeds the value of the collateral that has incurred total
             physical damage or is the subject of an unrecovered theft. A guaranteed asset protection
             product may also provide, with or without a separate charge, a benefit that waives a
             portion of, or provides a customer with a credit toward, the purchase of a replacement
             motor vehicle…This subsection also applies to all guaranteed asset protection products
             issued before October 1, 2008.
      The current definition of GAP products under Florida law is being amended to substantially
      conform to the Revised Model Act, and clarify that a GAP product can:
       Be included in a loan contract with or without a separate fee;
       Cover a loan balance when a consumer has a total loss of their car or an unrecovered theft;
         and
       Provide a credit towards the purchase of a replacement motor vehicle.

      Section 2 of the bill provides that if a contract for a GAP product is terminated, the entity that
      sold the product must refund to the buyer all unearned portions of the purchase price of the
      contract, unless the contract provides otherwise.

      The bill also prohibits an entity that gives a refund pursuant to s. 520.07(11)(g), F.S., from
      deducting more than $75 in administrative fees from the refund.

      The bill allows GAP products to be cancelable or noncancelable after a free-look period, which
      is defined in section 4 of the bill to mean the period of time, commencing on the effective date of
      the contract, during which the buyer may cancel the contract for a full refund of the purchase
      price. The period may not be shorter than 30 days.
BILL: CS/CS/SB 902                                                                             Page 10

      If a GAP product is terminated because of:
       A default under the retail installment contract or contract for a loan,
       The repossession of the motor vehicle associated with such contract or loan, or
       Any other termination of such contract or loan, a refund of the GAP product amount maybe
           used to satisfy any balance owed on the retail installment contract or contract for a loan
           unless the buyer can show that the retail installment contract has been paid in full.

      Effective Date

      Section 10 of the bill provides an effective date of October 1, 2024.


IV.   Constitutional Issues:

      A.     Municipality/County Mandates Restrictions:

             None identified.

      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.

      B.     Private Sector Impact:

             None.
 BILL: CS/CS/SB 902                                                                                               Page 11

         C.       Government Sector Impact:

                  OFR reports that any insignificant fiscal impact that may result from this bill could be
                  absorbed within its current resources.29

 VI.     Technical Deficiencies:

         None.

VII.     Related Issues:

         None.

VIII.    Statutes Affected:

         This bill substantially amends sections 520.02 and 520.07 of the Florida Statutes.
         This bill creates sections 520.151, 520.152, 520.153, 520.154, 520.155, 520.156, and 520.157 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 30, 2024:
                  The CS provides that if a contract for a guaranteed asset protection product is terminated,
                  the entity that sold the product must refund to the buyer all unearned portions of the
                  purchase price of the contract, unless the contract provides otherwise.

                  CS by Banking and Insurance on January 16, 2024:
                   Removes the modification to the definition of “guaranteed asset protection product”
                     that would apply the definition to “related” products issued before October 1, 2008;
                   With respect to financial security requirements for VVPAs, requires a provider to
                     place the reserve in trust with the office (rather than the commission), and to provide
                     the OFR (rather than the commission) with a copy of the company’s audited financial
                     statements;
                   Removes the option for another form of security held in reserve to be prescribed by
                     commission regulation;
                   Removes the definitions of the terms “person” and “commission;”
                   Clarifies that the exemption for commercial transactions applies to the disclosure and
                     penalties provisions by amending the cross-reference from s. 520.155, F.S., to s.
                     520.156, F.S.; and
                   Relocates provisions on “excess wear and use waiver” from ch. 521, F.S., (motor
                     vehicle lease disclosure) to ch. 520, F.S. (retail installment sales).


 29
   Email from Gregory C Oats, Director of the Division of Consumer Finance, OFR, to Jacqueline Moody, Florida Senate
 Committee on Banking and Insurance Senior Attorney, SB 902, (Jan. 12, 2024) (on file with Senate Committee on Banking
 and Insurance.
BILL: CS/CS/SB 902                                                                                                                  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. CS for SB 902                                                     Bill No. CS for SB 902




                              Ì945370$Î945370                                                            Ì945370$Î945370


                              LEGISLATIVE ACTION                           11       Delete line 5
           Senate                      .                   House           12   and insert:
          Comm: RCS                    .                                   13       product”; amending s. 520.07, F.S.; requiring entities
         01/30/2024                    .                                   14       to refund the portions of the purchase price of the
                                       .                                   15       contract for a guaranteed asset protection product
                                       .                                   16       under certain circumstances; prohibiting
                                       .




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


1        Senate Amendment (with title amendment)
2
3        Delete lines 100 - 101
4    and insert:
5    is terminated, the entity shall refund to the buyer all any
6    unearned portions of the purchase price of fees paid for the
7    contract unless the contract provides
8
9    ================= T I T L E    A M E N D M E N T ================
10   And the title is amended as follows:



                                   Page 1 of 2                                                             Page 2 of 2
     1/29/2024 10:25:55 AM                                  577-02560-24        1/29/2024 10:25:55 AM                                 577-02560-24
       Florida Senate - 2024                                  CS for SB 902          Florida Senate - 2024                                  CS for SB 902



       By the Committee on Banking and Insurance; and Senator Boyd




       597-02163-24                                               2024902c1          597-02163-24                                               2024902c1
1                              A bill to be entitled                          30          circumstances; specifying financial security
2           An act relating to motor vehicle retail financial                 31          requirements for providers; prohibiting additional
3           agreements; amending s. 520.02, F.S.; revising the                32          financial security requirements from being imposed on
4           definition of the term “guaranteed asset protection               33          providers; creating s. 520.154, F.S.; requiring
5           product”; amending s. 520.07, F.S.; prohibiting                   34          vehicle value protection agreements to include certain
6           certain entities from deducting more than a specified             35          disclosures in writing, in clear and understandable
7           amount in administrative fees when providing a refund             36          language; requiring vehicle value protection
8           of a guaranteed asset protection product; authorizing             37          agreements to state the terms, restrictions, or
9           guaranteed asset protection products to be cancelable             38          conditions governing cancellation by the provider or
10          or noncancelable under certain circumstances;                     39          the contract holder; specifying requirements for
11          authorizing certain entities to pay refunds directly              40          notice by the provider, refund of fees, and deduction
12          to the holder or administrator of a loan under certain            41          of fees in the event the vehicle value protection
13          circumstances; creating s. 520.151, F.S.; providing a             42          agreement is canceled; creating s. 520.155, F.S.;
14          short title; creating s. 520.152, F.S.; defining                  43          providing an exemption for vehicle value protection
15          terms; creating s. 520.153, F.S.; authorizing the                 44          agreements in connection with a commercial
16          offer, sale, or gift of vehicle value protection                  45          transaction; creating s. 520.156, F.S.; providing
17          agreements in compliance with a certain act;                      46          noncriminal penalties; defining the term “violations
18          specifying a requirement regarding the amount charged             47          of a similar nature”; creating s. 520.157, F.S.;
19          or financed for a vehicle value protection agreement;             48          defining the term “excess wear and use waiver”;
20          prohibiting the conditioning of credit offers or terms            49          authorizing a retail lessee to contract with a retail
21          for the sale or lease of a motor vehicle upon a                   50          lessor for an excess wear and use waiver; prohibiting
22          consumer’s payment for or financing of any charge for             51          conditioning the terms of the consumer’s motor vehicle
23          a vehicle value protection agreement; authorizing                 52          lease on his or her payment for any excess wear and
24          discounting or giving the vehicle value protection                53          use waiver; authorizing discounting or giving the
25          agreement at no charge under certain circumstances;               54          excess wear and use waiver at no charge under certain
26          authorizing providers to use an administrator or other            55          circumstances; requiring certain disclosures for a
27          designee for administration of vehicle value                      56          lease agreement that includes an excess wear and use
28          protection agreements; prohibiting vehicle value                  57          waiver; providing construction; providing an effective
29          protection agreements from being sold under certain               58          date.

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59                                                                           88      finance company as defined in s. 520.02, or a retail lessor as
60     Be It Enacted by the Legislature of the State of Florida:             89      defined in s. 521.003, and any assignee of such an entity, may
61                                                                           90      offer, for a fee or otherwise, optional guaranteed asset
62          Section 1. Subsection (7) of section 520.02, Florida             91      protection products in accordance with this chapter. The motor
63     Statutes, is amended to read:                                         92      vehicle retail installment seller, sales finance company, retail
64          520.02 Definitions.—In this act, unless the context or           93      lessor, or assignee may not require the purchase of a guaranteed
65     subject matter otherwise requires:                                    94      asset protection product as a condition for making the loan. In
66          (7) “Guaranteed asset protection product” means a loan,          95      order to offer any guaranteed asset protection product, a motor
67     lease, or retail installment contract term, or modification or        96      vehicle retail installment seller, sales finance company, or
68     addendum to a loan, lease, or retail installment contract, under      97      retail lessor, and any assignee of such an entity, shall comply
69     which a creditor agrees, with or without a separate charge, to        98      with the following:
70     cancel or waive a customer’s liability for payment of some or         99           (g) If a contract for a guaranteed asset protection product
71     all of the amount by which the debt exceeds the value of the          100     is terminated, the entity shall refund to the buyer any unearned
72     collateral that has incurred total physical damage or is the          101     fees paid for the contract unless the contract provides
73     subject of an unrecovered theft. A guaranteed asset protection        102     otherwise. A refund is not due to a consumer who receives a
74     product may also provide, with or without a separate charge, a        103     benefit under such product. In order to receive a refund, the
75     benefit that waives a portion of, or provides a customer with a       104     buyer must notify the entity of the event terminating the
76     credit toward, the purchase of a replacement motor vehicle. Such      105     contract and request a refund within 90 days after the
77     a product is not insurance for purposes of the Florida Insurance      106     occurrence of the event terminating the contract. An entity may
78     Code. This subsection also applies to all guaranteed asset            107     offer a buyer a contract that does not provide for a refund only
79     protection products issued before October 1, 2008.                    108     if the entity also offers that buyer a bona fide option to
80          Section 2. Paragraph (g) of subsection (11) of section           109     purchase a comparable contract that provides for a refund. An
81     520.07, Florida Statutes, is amended, and paragraphs (h) and (i)      110     entity may not deduct more than $75 in administrative fees from
82     are added to that subsection, to read:                                111     a refund made under this subsection.
83          520.07 Requirements and prohibitions as to retail                112          (h) Guaranteed asset protection products may be cancelable
84     installment contracts.—                                               113     or noncancelable after a free-look period as defined in s.
85          (11) In conjunction with entering into any new retail            114     520.152.
86     installment contract or contract for a loan, a motor vehicle          115          (i) If the termination of the guaranteed asset protection
87     retail installment seller as defined in s. 520.02, a sales            116     product occurs because of a default under the retail installment

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        597-02163-24                                            2024902c1             597-02163-24                                               2024902c1
117     contract or contract for a loan, the repossession of the motor        146     of a motor vehicle.
118     vehicle associated with the retail installment contract or            147          (5) “Free-look period” means the period of time, commencing
119     contract for a loan, or any other termination of the retail           148     on the effective date of the contract, during which the buyer
120     installment contract or contract for a loan, the entity may pay       149     may cancel the contract for a full refund of the purchase price.
121     any refund due directly to the holder or administrator and apply      150     This period may not be shorter than 30 days.
122     the refund as a reduction of the amount owed under the retail         151          (6) “Motor vehicle” has the same meaning as provided in s.
123     installment contract or contract for a loan, unless the buyer         152     520.02.
124     can show that the retail installment contract has been paid in        153          (7) “Provider” means a person that is obligated to provide
125     full.                                                                 154     a benefit under a vehicle value protection agreement. A provider
126          Section 3. Section 520.151, Florida Statutes, is created to      155     may function as an administrator or retain the services of a
127     read:                                                                 156     third-party administrator.
128          520.151 Florida Vehicle Value Protection Agreements Act.—        157          (8) “Vehicle value protection agreement” includes a
129     Sections 520.151-520.156 may be cited as the “Florida Vehicle         158     contractual agreement that provides a benefit toward either the
130     Value Protection Agreements Act.”                                     159     reduction of some or all of the contract holder’s current
131          Section 4. Section 520.152, Florida Statutes, is created to      160     finance agreement deficiency balance or the purchase or lease of
132     read:                                                                 161     a replacement motor vehicle or motor vehicle services upon the
133          520.152 Definitions.—As used in ss. 520.151-520.156, unless      162     occurrence of an adverse event to the motor vehicle, including,
134     the context or subject matter otherwise requires, the term:           163     but not limited to, loss, theft, damage, obsolescence,
135          (1) “Administrator” means the person who is responsible for      164     diminished value, or depreciation. The term does not include
136     the administrative or operational function of managing vehicle        165     guaranteed asset protection products as defined in s. 520.02.
137     value protection agreements, including, but not limited to, the       166     Such a product is not insurance for purposes of the Florida
138     adjudication of claims or benefit requests by contract holders.       167     Insurance Code.
139          (2) “Commercial transaction” means a transaction in which        168          Section 5. Section 520.153, Florida Statutes, is created to
140     the motor vehicle subject to the transaction is used primarily        169     read:
141     for business or commercial purposes.                                  170          520.153 Requirements and prohibitions as to vehicle value
142          (3) “Contract holder” means a person who is the purchaser        171     protection agreements.—
143     or holder of a vehicle value protection agreement.                    172          (1) Vehicle value protection agreements may be offered,
144          (4) “Finance agreement” means a loan, retail installment         173     sold, or given to consumers in this state in compliance with
145     sales contract, or lease for the purchase, refinancing, or lease      174     this act.

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175          (2) Notwithstanding any other law, any amount charged or          204     this state.
176     financed for a vehicle value protection agreement is not               205          (b) Maintain a funded reserve account for its obligations
177     considered a finance charge or interest and must be separately         206     under its contracts issued and outstanding in this state. The
178     stated in the finance agreement and in the vehicle value               207     reserves may not be less than 40 percent of gross consideration
179     protection agreement.                                                  208     received, less claims paid, on the sale of the vehicle value
180          (3) The extension of credit, the terms of credit, or the          209     protection agreement for all in-force contracts in this state.
181     terms of the related motor vehicle sale or lease may not be            210     The reserve must be placed in trust with the office and have a
182     conditioned upon the consumer’s payment for or financing of any        211     financial security deposit valued at not less than 5 percent of
183     charge for a vehicle value protection agreement. However, a            212     the gross consideration received, less claims paid, on the sale
184     vehicle value protection agreement may be discounted or given at       213     of the vehicle value protection agreements for all vehicle value
185     no charge in connection with the purchase of other noncredit-          214     protection agreements issued and in force in this state, but at
186     related goods or services.                                             215     least $25,000. The reserve account must consist of one of the
187          (4) A provider may use an administrator or other designee         216     following:
188     to administer a vehicle value protection agreement.                    217          1. A surety bond issued by an authorized surety.
189          (5) A vehicle value protection agreement may not be sold to       218          2. Securities of the type eligible for deposit by insurers
190     any person unless he or she has been or will be provided access        219     as provided in s. 625.52.
191     to a copy of such vehicle value protection agreement at a              220          3. Cash.
192     reasonable time after such vehicle value protection agreement is       221          4. A letter of credit issued by a qualified financial
193     sold.                                                                  222     institution.
194          (6) A vehicle value protection agreement may not be sold if       223          (c) Maintain, or together with its parent corporation
195     coverage is duplicative of another vehicle value protection            224     maintain, a net worth or stockholders’ equity of $100 million
196     agreement sold to a person or duplicative of a guaranteed asset        225     and, upon request, provide the office with a copy of the
197     protection product.                                                    226     provider’s or the provider’s parent company’s Form 10-K or Form
198          (7) Each provider shall do one of the following:                  227     20-F filed with the Securities and Exchange Commission within
199          (a) Insure all of its vehicle value protection agreements         228     the last calendar year, or if the company does not file with the
200     under a policy that pays or reimburses the contract holder in          229     Securities and Exchange Commission, a copy of the company’s
201     the event the provider fails to perform its obligations under          230     audited financial statements, which must show a net worth of the
202     the vehicle value protection agreement. The insurer must be            231     provider or its parent company of at least $100 million. If the
203     licensed or otherwise authorized or eligible to do business in         232     provider’s parent company’s Form 10-K, Form 20-F, or financial

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        597-02163-24                                             2024902c1            597-02163-24                                               2024902c1
233     statements are filed to meet the provider’s financial security        262          (e) Whether the vehicle value protection agreement is
234     requirement, the parent company must agree to guarantee the           263     cancelable after the free-look period and the conditions under
235     obligations of the provider relating to vehicle value protection      264     which it may be canceled, including the procedures for
236     agreements sold by the provider in this state.                        265     requesting any refund of the unearned purchase price paid by the
237          (8) A financial security requirement other than those            266     contract holder. In the event that the agreement is cancelable,
238     imposed in subsection (7) may not be imposed on vehicle value         267     it must include the methodology for calculating any refund due
239     protection agreement providers.                                       268     of the unearned purchase price of the vehicle value protection
240          Section 6. Section 520.154, Florida Statutes, is created to      269     agreement.
241     read:                                                                 270          (f) That the extension of credit, the terms of the credit,
242          520.154 Disclosures.—                                            271     or the terms of the related motor vehicle sale or lease may not
243          (1) A vehicle value protection agreement must disclose in        272     be conditioned upon the purchase of the vehicle value protection
244     writing, in clear, understandable language, all of the                273     agreement.
245     following:                                                            274          (2) A vehicle value protection agreement must state the
246          (a) The name and address of the provider, contract holder,       275     terms, restrictions, or conditions governing cancellation of the
247     and administrator, if any.                                            276     vehicle value protection agreement before the termination or
248          (b) The terms of the vehicle value protection agreement,         277     expiration date of the vehicle value protection agreement by
249     including, but not limited to, the purchase price to be paid by       278     either the provider or the contract holder. The provider of the
250     the contract holder, if any, the requirements for eligibility         279     vehicle value protection agreement shall mail a written notice
251     and conditions of coverage, and any exclusions.                       280     to the contract holder at the last known address of the contract
252          (c) Whether the vehicle value protection agreement may be        281     holder contained in the records of the provider at least 5 days
253     canceled by the contract holder during a free-look period as          282     before cancellation by the provider, which notice must state the
254     defined in s. 520.152, and that, in the event of cancellation,        283     effective date of the cancellation and the reason for the
255     the contract holder is entitled to a full refund of the purchase      284     cancellation. However, such prior notice is not required if the
256     price, if any, so long as no benefits have been provided.             285     reason for cancellation is nonpayment of the provider fee, a
257          (d) The procedure the contract holder must follow, if any,       286     material misrepresentation by the contract holder to the
258     to obtain a benefit under the terms and conditions of the             287     provider or administrator, or a substantial breach of duties by
259     vehicle value protection agreement, including, if applicable, a       288     the contract holder relating to the covered motor vehicle or its
260     telephone number, website, or mailing address where the contract      289     use. If a vehicle value protection agreement is canceled by the
261     holder may apply for a benefit.                                       290     provider for a reason other than nonpayment of the provider fee,

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        597-02163-24                                               2024902c1           597-02163-24                                               2024902c1
291     the provider must refund to the contract holder 100 percent of         320     agrees, regardless of whether subject to a separate fee, to
292     the unearned pro rata provider fee paid by the contract holder,        321     cancel or waive all or part of amounts that may become due under
293     if any. If coverage under the vehicle value protection agreement       322     a lease agreement as a result of excess wear and use of a motor
294     continues after a claim, any refund may reflect a deduction for        323     vehicle, which agreement must be part of, or a separate addendum
295     claims paid and, at the discretion of the provider, an                 324     to, the lease agreement. Such waivers may also cancel or waive
296     administrative fee of not more than $75.                               325     amounts due for excess mileage.
297          Section 7. Section 520.155, Florida Statutes, is created to       326          (2) A retail lessee may contract with a retail lessor for
298     read:                                                                  327     an excess wear and use waiver in connection with a lease
299          520.155 Commercial transactions exempt.—Sections 520.154          328     agreement.
300     and 520.156 do not apply to vehicle value protection agreements        329          (3) The terms of the related motor vehicle lease may not be
301     offered in connection with a commercial transaction.                   330     conditioned upon the consumer’s payment for any excess wear and
302          Section 8. Section 520.156, Florida Statutes, is created to       331     use waiver. However, excess wear and use waivers may be
303     read:                                                                  332     discounted or given at no charge in connection with the purchase
304          520.156 Penalties.—A provider, an administrator, or any           333     of other noncredit-related goods.
305     other person who willfully and intentionally violates ss.              334          (4) A lease agreement that includes an excess wear and use
306     520.151-520.155 commits a noncriminal violation as defined in s.       335     waiver must disclose all of the following:
307     775.08(3), punishable by a fine not to exceed $500 per violation       336          (a) The total charge for the excess wear and use waiver.
308     and not more than $10,000 in the aggregate for all violations of       337          (b) Any exclusions or limitations on the amount of excess
309     a similar nature. For purposes of this section, the term               338     wear and use which may be waived under the excess wear and use
310     “violations of a similar nature” means violations that consist         339     waiver.
311     of the same or similar course of conduct, action, or practice,         340          (c) The terms, restrictions, or conditions governing
312     irrespective of the number of times the action, conduct, or            341     cancellation of the excess wear and use waiver before the
313     practice determined to be a violation of ss. 520.151-520.155           342     termination or expiration of the excess wear and use waiver,
314     occurred.                                                              343     which may include an administrative fee of not more than $75.
315          Section 9. Section 520.157, Florida Statutes, is created to       344          (5) An excess wear and use waiver is not insurance for
316     read:                                                                  345     purposes of the Florida Insurance Code.
317          520.157 Excess wear and use waiver.—                              346          Section 10. This act shall take effect October 1, 2024.
318          (1) For purposes of this section, the term “excess wear and
319     use waiver” means a contractual agreement wherein a lessor

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                                                                                                                                                                                                                                        The Florida Senate
                                                                                                                                                                                      0 LY                                  APPEARANCE RECORD                                                ?o&
                                                                                                                                                                                  Meeti    Date                                                                                                  Bill Number orTopic
                                              THE FLORIDA SENATE                                      COIIIMITTEES:                                                                                                                  Deliver both copies of this form to

                                                                                                                                                                      Lrort^tvterc< & Town5n
                                                                                                      Banking and lnsurance, Cha,7                                                                                            Senate professional staff conducting the meeting
                                                                                                      Aoriculiure. Vice Chair
                                                   Tallahassee, Florida 32399-1100                    Aipropriatibns Committee on Agriculture, Environment,
                                                                                                       and General Government                                                      Committee                                                                                              Amendment Barcode (if applicable)
                                                                                                      Finance and Tax
                                                                                                      Fiscal Policy
                                                                                                      Judiciary                                               Name                  krll<-n VoliFe\"                                                                Phone
                                                                                                      Rules
                                                                                                                                                                                                   I
SENATOR JIM BOYD
                                                                                                                                                              Address                     1r "( ul taC€*>n^ S+                                                      Email
                                                                                                                                                                         Street


                                                                                                                                                                                                                      F;
    20th District


                                                                                                                                                                         City
                                                                                                                                                                                     TLI"I
                                                                                                                                                                                                                    State                      Zip
                                                                                                                                                                                                                                                     3Uo        r




January 16,2024
                                                                                                                                                                            Speaking: !            ror !         Against !    lnformation OR                    Waive Speaking:   ffi   rrooon !       Against

                                                                            I


                                                                                                                                                                                                                            PLEASE CHECK ONE OFTHE FOLLOWING:
Senator Jay Trumbull
                                                                                                                                                                     lam appearing without                                          am a registered lobbyist,                            I am not a lobbyist, but received
Committee on Commerce and Tourism                                                                                                                                    compensation or sponsorship.                                  representing:                                         something of value for my appearance
310 Knott Building                                                                                                                                                                                                                                                                       (travel, meals, lodging, etc.),

404 South Monroe Street
Tallahassee, FL 32399                                                                                                                                                                                             Gu^ronha A"rx* V,ol*h; Alt ;qn;'o"''"0"'
Dear Chairman Trumbull :
                                                                                                                                                              This form is part of the public record for this   meeting.                                                                                      S-OO1 (08/10/2021)
I respectfully request SB 902: Motor Vehicle Retail Financial Agreements, be scheduled for a
hearing in the Committee on Commerce and Tourismo at your earliest convenience.

If I may be of assistance to you on this or any other mattero please do not hesitate to contact me

Thank you for your consideration of this matter.

Best regards,


  wq,
Jim Boyd

cc: Todd McKay
    Renita Hayes




               REPLY TO:
                 O 717 Manatee Avenue West, Bradenton, Florida 34205 (941)742-6445
                 O 41 5 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-'1 1 00 (850) 487-5020

                                                   Senate's Website: www.fl senate.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:           SB 1072
INTRODUCER:     Senator Avila
SUBJECT:        Tourist Development
DATE:           January 29, 2024                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                           McKay                                 CM              Favorable
2.                                                                        FT
3.                                                                        AP



  I.    Summary:

        SB 1072 amends s. 125.0104, F.S., to provide an exception to the authorized uses of revenues
        received by counties imposing the tourist development tax (TDT). Under the bill, a county as
        defined in s. 125.011(1), F.S. (i.e. Miami-Dade County) may use the revenues to complete
        existing projects, debt obligations, or contracts in existence as of July 1, 2024. Revenues may not
        be used to renew or to extend such projects.

        For remaining revenues not needed for existing projects, contracts, or debt obligations, 50
        percent of TDT revenues must be distributed proportionally to municipalities in the county for
        specified uses.

        The county must distribute the remaining tax revenues monthly as follows:
         20 percent for the primary bureau, department, or association responsible for organizing,
           funding, and promoting artist and cultural organizations;
         30 percent for visitors bureaus and homeless shelters; and
         50 percent for regular TDT uses.

        The bill amends s. 212.0305, F.S., to revise the purposes for which Miami-Dade County may use
        charter county convention development revenue, by providing that 50 percent of the revenues
        must be distributed proportionally to the governing boards of the municipalities within the
        county. Distributions may be used to:
         Acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
           convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or
           a related building or parking facility for such buildings.
         Promote and advertise tourism and to fund convention bureaus, tourist bureaus, tourist
           information centers, and news bureaus.
BILL: SB 1072                                                                                                             Page 2

          The county must use the remaining charter county convention development revenue to acquire,
          construct, extend, enlarge, remodel, repair, improve, operate, or maintain a countywide
          convention and visitors bureau, a convention center, an exhibition hall, a coliseum, an
          auditorium, a performing arts center, or a related building or parking facility for such buildings.

          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
           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

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 29, 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.
29, 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.
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.
BILL: SB 1072                                                                                                            Page 3


         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 for tourist development
         must include the anticipated net tax revenue to be derived by the county for the two years
         following the tax levy, as well as a list of the proposed uses of the tax and the approximate cost
         for each project or use.14 The plan for tourist development may not be substantially amended
         except by ordinance enacted by an affirmative vote of a majority plus one additional member of
         the governing board.15

         TDT Uses
         The revenues derived from TDTs may be used for:16
          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.17
          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.18
          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.

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
   Id.
15
   Id. 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.
16
   Section 125.0104(5), F.S.
17
   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.
18
   Section 125.0104(5)(b), F.S.
BILL: SB 1072                                                                                                    Page 4


         Home Rule Charter Counties

         Section 125.011(1), F.S., defines a county as:
                Any county operating under a home rule charter adopted pursuant to ss. 10, 11, and 24,
                Art. VIII of the Constitution of 1885, as preserved by Art. VII, s. (e) of the Constitution of
                1968, which county, by resolution of its board of county commissioners, elects to exercise
                the powers herein conferred. Use of the word “county” within the above provisions shall
                include “board of county commissioners” of such county.

         The local governments authorized to operate under a home rule charter by sections 10, 11, and
         24, Art. VIII of the Constitution of 1885, are the city of Key West and Monroe County,19 Miami-
         Dade County,20 and Hillsborough County.21 Of these, only Miami-Dade County currently
         operates under a home-rule charter adopted pursuant to these specific provisions.

         Convention Development Taxes

         Each county, as defined by s. 125.011(1), F.S., (i.e., Miami-Dade County) is authorized to
         impose a 3 percent convention development tax on the total consideration charged for transient
         rental transactions. The tax must be levied pursuant to an ordinance enacted by the county’s
         governing body. 22 During fiscal year 2022-2023, Miami-Dade generated approximately $130
         million in revenue.23 Tax proceeds must be used in the following manner:24
          Two-thirds of the proceeds must be used to extend, enlarge, and improve the largest existing
             publicly owned convention center in the county.
          After completion of any project above, proceeds may be used to acquire, construct, extend,
             enlarge, remodel, repair, improve, plan for, operate, manage, or maintain one or more
             convention centers, stadiums, exhibition halls, arenas, coliseums, auditoriums, or golf
             courses, and may be used to acquire and construct an intercity light rail transportation
             system.
          One-third of the proceeds must be used to construct a new multipurpose
             convention/coliseum/exhibition center/stadium or the maximum components thereof as funds
             permit in the most populous municipality in the county.
          After completion of the above projects, tax revenues and interest accrued pursuant to that
             authorized use may be used, as determined by the county to operate an authority created
             pursuant to s. 212.0305(4)(b)4., F.S., or to acquire, construct, extend, enlarge, remodel,
             repair, improve, operate, or maintain one or more convention centers, stadiums, exhibition
             halls, arenas, coliseums, auditoriums, golf courses, or related buildings and parking facilities
             in the most populous municipality in the county.



19
   Art. VIII, s. 6, n. 2
20
   Art. VIII, s. 6, n. 3
21
   Art. VIII, s. 6, n. 4
22
   Section 212.0305(4)(b)1., F.S.
23
   Florida Office of Economic and Demographic Research, 2023 Florida Tax Handbook, p. 312,
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2023.pdf (last visited Jan. 29, 2024).
24
   Section 212.0305(4)(b)2., F.S.
BILL: SB 1072                                                                                                           Page 5

         Prior to the county enacting an ordinance imposing the levy, the county must notify the
         governing body of each municipality in which projects are to be developed. As a precondition to
         the receipt of funding, the governing bodies must designate or appoint an authority that has the
         power to approve the concept, location, program, and design of the facilities or improvements to
         be developed. The authority administers and disburses the tax proceeds and any other related
         source of revenue. However, the authority’s annual budget is subject to approval of the
         municipality’s governing body. 25

         The governing body of each municipality levying the tax may adopt a resolution prohibiting the
         imposition of the convention development tax within the municipality’s jurisdiction. If a
         municipality adopts such a resolution, the tax is imposed by the county in all other areas of the
         county except such municipality. No funds collected from the convention development tax may
         be expended in a municipality that has adopted such a resolution. 26

III.     Effect of Proposed Changes:

         The bill amends s. 125.0104, F.S., to provide an exception to the authorized uses of revenues
         received by counties imposing the TDT for a county defined in s. 125.011(1), F.S. (i.e. Miami-
         Dade County). The bill specifies that revenues may be used to complete any project underway or
         to perform any contract in existence as of July 1, 2024, and that revenues may not be used to
         renew or extend the contracts or projects. Bonds or other outstanding debt as of July 1, 2024,
         may be refinanced; however, the duration of the debt pledging the TDT may not be extended and
         the outstanding principal may not be increased, except to account for the costs of issuance.

         Revenues not needed for projects, debt obligations, or contracts must be distributed as follows:
          50 percent must be distributed proportionally to the governing authorities of the
            municipalities within the county on a monthly basis. The receiving municipality may use the
            distributions to:
                 Promote and advertise tourism.
                 Fund convention bureaus, tourist bureaus, tourist information centers, and news
                    bureaus. Municipalities may enter into interlocal agreements for the purpose of using
                    the revenue for these stated purposes in combination with moneys used by the county
                    for a countywide convention and visitor bureau pursuant to s. 212.0305(4)(b)2.b.(II),
                    F.S.
                 Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
                    finance public facilities27 within the boundaries of the municipality, if the public
                    facilities are needed to increase tourist-related business activities in the municipality.
                    Tax distributions may be used for any related land acquisition, land improvement,
                    design and engineering costs, and all other professional and related costs required to
                    bring the public facilities into service. Tax distributions may only be used if:
                    o At least 2/3 of the governing authority of the municipality approves the use;
                    o No more than 70 percent of the cost will be paid for using TDT revenues;

25
   Section 212.0305(4)(b)4., F.S.
26
   Id.
27
   The bill defines the term “public facilities” as major capital improvements that have a life expectancy of 5 or more years,
including, but not limited to, transportation; sanitary sewer, including solid waste, drainage, and potable water; and
pedestrian facilities.
BILL: SB 1072                                                                                       Page 6

                    o No more than 40 percent of all TDT revenues distributed to the municipality are
                        spent to promote and advertise tourism.
                   Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
                    promote parks or trails that are publicly owned and operated or owned and operated
                    by not-for-profit organizations and open to the public.
                   Reimburse expenses incurred in providing public safety services including emergency
                    medical services as defined in s. 401.107(3), F.S., and law enforcement needed to
                    address impacts related to increased tourism and visitors to a municipality.
                   Finance water quality improvement projects including, but not limited to, flood
                    mitigation; algae control, cleanup, or prevention measures; and Biscayne Bay and
                    waterway network restoration activities.
                   Provide for septic-to-sewer conversion projects.

      The county must distribute the remaining tax revenues monthly as follows:
       20 percent for the primary bureau, department, or association responsible for organizing,
         funding, and promoting artist and cultural organizations;
       30 percent for visitors bureaus and homeless shelters under s. 212.0306(3), F.S.; and
       50 percent for regular TDT uses.

      The bill amends s. 212.0305, F.S., to revise the purposes for how a county may use charter
      county convention development moneys. The bill provides that 50 percent of charter county
      convention development money must be distributed proportionally to the governing boards of the
      municipalities within the county on a monthly basis. Moneys collected in unincorporated areas of
      the county are not included in the distribution. The distributions may be used for the following
      purposes:
       To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
          convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or
          a related building or parking facility to such buildings.
       To promote and advertise tourism and to fund convention bureaus, tourist bureaus, tourist
          information centers, and news bureaus. Municipalities may enter into interlocal agreements
          to use the revenue in combination with moneys used by the county for a countywide
          convention and visitor’s bureau.

      The county must use the remaining charter county convention development money only for the
      following purposes:
       To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
          convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or
          a related building or parking facility for such buildings.
       To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
          countywide convention and visitors bureau which, by interlocal agreement and contract with
          the municipalities within the county, has the primary responsibility for promoting the county
          and its municipalities as a destination site for conventions, trade shows, and pleasure travel,
          or to be used for regular TDT uses. If the county is not or is no longer a party to an interlocal
          agreement, the county must distribute the revenue for regular TDT uses.
BILL: SB 1072                                                                                          Page 7

      The bill deletes the requirement that the county notify the governing board of each municipality
      before enacting an ordinance imposing the levy, as well as the designation or appointment of an
      authority and the powers granted to the authority.

      Lastly, the bill directs the Division of Law Revision to replace the phrase “the effective date of
      this act” wherever it occurs in this act with the date the act becomes law.

      The bill takes effect July 1, 2024.

      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.

      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.

IV.   Fiscal Impact Statement:

      A.        Tax/Fee Issues:

                None.

      B.        Private Sector Impact:

                None.
 BILL: SB 1072                                                                                                                        Page 8

        C.       Government Sector Impact:

                 None.

  V.    Technical Deficiencies:

        None.

 VI.    Related Issues:

        None.

VII.    Statutes Affected:

        This bill substantially amends sections 125.0104 and 212.0305 of the Florida Statutes.

VIII.   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 1072          Florida Senate - 2024                                        SB 1072



       By Senator Avila




       39-00747A-24                                              20241072__          39-00747A-24                                              20241072__
1                              A bill to be entitled                          30     county for the following purposes only:
2           An act relating to tourist development; amending s.               31          1. To acquire, construct, extend, enlarge, remodel, repair,
3           125.0104, F.S.; providing an exception to the                     32     improve, maintain, operate, or promote one or more:
4           authorized uses of revenues received by counties                  33          a. Publicly owned and operated convention centers, sports
5           imposing the tourist development tax; specifying uses             34     stadiums, sports arenas, coliseums, or auditoriums within the
6           of tax revenues received by certain counties imposing             35     boundaries of the county or subcounty special taxing district in
7           the tourist development tax; defining the term “public            36     which the tax is levied;
8           facilities”; amending s. 212.0305, F.S.; requiring                37          b. Auditoriums that are publicly owned but are operated by
9           that charter county convention development moneys be              38     organizations that are exempt from federal taxation pursuant to
10          distributed to the governing boards of municipalities             39     26 U.S.C. s. 501(c)(3) and open to the public, within the
11          for specified purposes; revising the purposes for                 40     boundaries of the county or subcounty special taxing district in
12          which a county may use charter county convention                  41     which the tax is levied; or
13          development moneys; deleting the requirement that the             42          c. Aquariums or museums that are publicly owned and
14          county notify the governing board of each municipality            43     operated or owned and operated by not-for-profit organizations
15          under certain circumstances; providing a directive to             44     and open to the public, within the boundaries of the county or
16          the Division of Law Revision; providing an effective              45     subcounty special taxing district in which the tax is levied;
17          date.                                                             46          2. To promote zoological parks that are publicly owned and
18                                                                            47     operated or owned and operated by not-for-profit organizations
19     Be It Enacted by the Legislature of the State of Florida:              48     and open to the public;
20                                                                            49          3. To promote and advertise tourism in this state and
21          Section 1. Paragraphs (a) and (e) of subsection (5) of            50     nationally and internationally; however, if tax revenues are
22     section 125.0104, Florida Statutes, are amended, and paragraph         51     expended for an activity, service, venue, or event, the
23     (f) is added to that subsection, to read:                              52     activity, service, venue, or event must have as one of its main
24          125.0104 Tourist development tax; procedure for levying;          53     purposes the attraction of tourists as evidenced by the
25     authorized uses; referendum; enforcement.—                             54     promotion of the activity, service, venue, or event to tourists;
26          (5) AUTHORIZED USES OF REVENUE.—                                  55          4. To fund convention bureaus, tourist bureaus, tourist
27          (a) Except for counties identified in paragraph (f), all          56     information centers, and news bureaus as county agencies or by
28     tax revenues received pursuant to this section by a county             57     contract with the chambers of commerce or similar associations
29     imposing the tourist development tax shall be used by that             58     in the county, which may include any indirect administrative

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59     costs for services performed by the county on behalf of the            88      the term “public facilities” means major capital improvements
60     promotion agency;                                                      89      that have a life expectancy of 5 or more years, including, but
61          5. To finance beach park facilities, or beach, channel,           90      not limited to, transportation, sanitary sewer, solid waste,
62     estuary, or lagoon improvement, maintenance, renourishment,            91      drainage, potable water, and pedestrian facilities. Tax revenues
63     restoration, and erosion control, including construction of            92      may be used for these purposes only if the following conditions
64     beach groins and shoreline protection, enhancement, cleanup, or        93      are satisfied:
65     restoration of inland lakes and rivers to which there is public        94           a. In the county fiscal year immediately preceding the
66     access as those uses relate to the physical preservation of the        95      fiscal year in which the tax revenues were initially used for
67     beach, shoreline, channel, estuary, lagoon, or inland lake or          96      such purposes, at least $10 million in tourist development tax
68     river. However, any funds identified by a county as the local          97      revenue was received;
69     matching source for beach renourishment, restoration, or erosion       98           b. The county governing board approves the use for the
70     control projects included in the long-range budget plan of the         99      proposed public facilities by a vote of at least two-thirds of
71     state’s Beach Management Plan, pursuant to s. 161.091, or funds        100     its membership;
72     contractually obligated by a county in the financial plan for a        101          c. No more than 70 percent of the cost of the proposed
73     federally authorized shore protection project may not be used or       102     public facilities will be paid for with tourist development tax
74     loaned for any other purpose. In counties of fewer than 100,000        103     revenues, and sources of funding for the remaining cost are
75     population, up to 10 percent of the revenues from the tourist          104     identified and confirmed by the county governing board;
76     development tax may be used for beach park facilities; or              105          d. At least 40 percent of all tourist development tax
77          6. To acquire, construct, extend, enlarge, remodel, repair,       106     revenues collected in the county are spent to promote and
78     improve, maintain, operate, or finance public facilities within        107     advertise tourism as provided by this subsection; and
79     the boundaries of the county or subcounty special taxing               108          e. An independent professional analysis, performed at the
80     district in which the tax is levied, if the public facilities          109     expense of the county tourist development council, demonstrates
81     are needed to increase tourist-related business activities in          110     the positive impact of the infrastructure project on tourist-
82     the county or subcounty special district and are recommended by        111     related businesses in the county.
83     the county tourist development council created pursuant to             112
84     paragraph (4)(e). Tax revenues may be used for any related land        113     Subparagraphs 1. and 2. may be implemented through service
85     acquisition, land improvement, design and engineering costs, and       114     contracts and leases with lessees that have sufficient expertise
86     all other professional and related costs required to bring the         115     or financial capability to operate such facilities.
87     public facilities into service. As used in this subparagraph,          116          (e) Any use of the local option tourist development tax

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117     revenues collected pursuant to this section for a purpose not          146          (II) Fund convention bureaus, tourist bureaus, tourist
118     expressly authorized by paragraph (3)(l) or paragraph (3)(n) or        147     information centers, and news bureaus. Municipalities may enter
119     paragraphs (a)-(d) and (f) of this subsection is expressly             148     into interlocal agreements for the purpose of using the revenue
120     prohibited.                                                            149     received for the purpose stated in this sub-sub-subparagraph in
121          (f) All tax revenues received pursuant to this section by a       150     combination with moneys used by the county for a countywide
122     county, as defined in s. 125.011(1), imposing the tourist              151     convention and visitors bureau under s. 212.0305(4)(b)2.b.(II).
123     development tax may only be used by the county as specified in         152          (III) Acquire, construct, extend, enlarge, remodel, repair,
124     this paragraph.                                                        153     improve, maintain, operate, or finance public facilities within
125          1. Revenues may be used to complete any project underway as       154     the boundaries of the municipality, if the public facilities are
126     of the effective date of this act or to perform any contract in        155     needed to increase tourist-related business activities in the
127     existence on the effective date of this act, pursuant to this          156     municipality.
128     section as this section existed before the effective date of           157          (A) As used in this sub-sub-subparagraph, the term “public
129     this act. Revenues may not be used to renew or extend such             158     facilities” means major capital improvements that have a life
130     contracts or projects. Bonds or other debt outstanding as of the       159     expectancy of 5 or more years, including, but not limited to,
131     effective date of this act may be refinanced, but the duration         160     transportation; sanitary sewer, including solid waste, drainage,
132     of such debt pledging the tourist development tax may not be           161     and potable water; and pedestrian facilities.
133     extended and the outstanding principal may not be increased,           162          (B) Tax distributions may be used for any related land
134     except to account for the costs of issuance.                           163     acquisition, land improvement, design and engineering costs, and
135          2. Revenues not needed for projects, contracts, or debt           164     all other professional and related costs required to bring the
136     obligations pursuant to subparagraph 1. must be distributed and        165     public facilities into service.
137     used as follows:                                                       166          (C) Tax distributions may be used for the purposes stated
138          a. Fifty percent must be distributed monthly by the county        167     in sub-sub-sub-subparagraph (B) only if the following conditions
139     to the governing authorities of the municipalities within the          168     are satisfied:
140     county. Distributions to each municipality must be in proportion       169          i. The governing authority of the municipality approves the
141     to the amount collected in the prior month within the                  170     use for each proposed public facility by a vote of at least two-
142     municipality as a share of the total amount collected from all         171     thirds of its membership.
143     municipalities in the county. These distributions may be used by       172          ii. No more than 70 percent of the cost of a proposed
144     the receiving municipality to:                                         173     public facility will be paid for using tourist development tax
145          (I) Promote and advertise tourism.                                174     revenues, and sources of funding for the remaining costs are

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175     identified and confirmed by the governing authority of the             204     association responsible for organizing, funding, and promoting
176     municipality.                                                          205     opportunities for artists and cultural organizations within the
177          iii. No more than 40 percent of all tourist development tax       206     county. Thirty percent must be distributed monthly to the
178     revenues distributed to the municipality are spent to promote          207     governing board of the county and used for one or more of the
179     and advertise tourism as provided in this paragraph.                   208     purposes set forth in s. 212.0306(3). Fifty percent must be
180          (IV) Acquire, construct, extend, enlarge, remodel, repair,        209     distributed monthly to the governing board of the county and
181     improve, maintain, operate, or promote parks or trails that are        210     used for the purposes set forth in paragraph (5)(a) or sub-sub-
182     publicly owned and operated or owned and operated by not-for-          211     subparagraphs 2.a.(IV)-(VII).
183     profit organizations and open to the public, within the                212          Section 2. Paragraph (b) of subsection (4) of section
184     boundaries of the municipality.                                        213     212.0305, Florida Statutes, is amended to read:
185          (V) Reimburse expenses incurred in providing public safety        214          212.0305 Convention development taxes; intent;
186     services, including, but not limited to, emergency medical             215     administration; authorization; use of proceeds.—
187     services as defined in s. 401.107(3), and law enforcement              216          (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER
188     services, needed to address impacts related to increased tourism       217     REQUIREMENTS.—
189     and visitors to a municipality.                                        218          (b) Charter county levy for convention development.—
190          (VI) Finance water quality improvement projects, including,       219          1. Each county, as defined in s. 125.011(1), may impose,
191     but not limited to, all of the following:                              220     under an ordinance enacted by the governing body of the county,
192          (A) Flood mitigation.                                             221     a levy on the exercise within its boundaries of the taxable
193          (B) Algae control, cleanup, or prevention measures.               222     privilege of leasing or letting transient rental accommodations
194          (C) Biscayne Bay and waterway network restoration                 223     described in subsection (3) at the rate of 3 percent of the
195     initiatives.                                                           224     total consideration charged therefor. The proceeds of this levy
196          (VII) Provide for septic-to-sewer conversion projects             225     shall be known as the charter county convention development tax.
197     important to the local tourism industry which are primarily            226          2.a. Fifty percent of all charter county convention
198     undertaken to reduce or prevent the discharge of untreated or          227     development moneys, including any interest accrued thereon,
199     partially treated wastewater into surface waters.                      228     received by a county imposing the levy shall be distributed
200          b. A county shall use the remaining tax revenues received         229     monthly to the governing boards of the municipalities within the
201     pursuant to this section as provided in this sub-subparagraph.         230     county in proportion to the amount collected in the prior month
202     Twenty percent must be distributed monthly to the governing            231     within each municipality compared with the total collected from
203     board of the county to fund the primary bureau, department, or         232     all municipalities in the county. Moneys collected within the

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233     unincorporated area of the county are not included in the              262          (B) An exhibition hall.
234     distribution under this subparagraph. The distributions as             263          (C) A coliseum.
235     described in this sub-subparagraph may be used by the receiving        264          (D) An auditorium.
236     municipality only for the following purposes used as follows:          265          (E) A performing arts center.
237          (I) To acquire, construct, extend, enlarge, remodel,              266          (F) A related building or parking facility to such
238     repair, improve, operate, or maintain one or more of the               267     buildings described in sub-sub-sub-subparagraphs (A)-(E).
239     following:                                                             268          (II) To acquire, construct, extend, enlarge, remodel,
240          (A) A convention center.                                          269     repair, improve, operate, or maintain a countywide convention
241          (B) An exhibition hall.                                           270     and visitors bureau which, by interlocal agreement and contract
242          (C) A coliseum.                                                   271     with the municipalities within the county, has the primary
243          (D) An auditorium.                                                272     responsibility for promoting the county and its municipalities
244          (E) A performing arts center.                                     273     as a destination site for conventions, trade shows, and pleasure
245          (F) A related building or parking facility to such                274     travel, or to be used for purposes provided in s.
246     buildings described in sub-sub-sub-subparagraphs (A)-(E).              275     125.0104(5)(a)2.b. or c. If the county is not or is no longer a
247          (II) To promote and advertise tourism and to fund                 276     party to such an interlocal agreement, the county must allocate
248     convention bureaus, tourist bureaus, tourist information               277     the proceeds of such tax for the purposes described in s.
249     centers, and news bureaus. Municipalities may enter into               278     125.0104(5)(a)2.b. or c.
250     interlocal agreements for the purpose of using the revenue             279          a. Two-thirds of the proceeds shall be used to extend,
251     received for the purpose stated in this sub-sub-subparagraph in        280     enlarge, and improve the largest existing publicly owned
252     combination with moneys used by the county for a countywide            281     convention center in the county.
253     convention and visitor’s bureau under sub-sub-subparagraph b.          282          b. One-third of the proceeds shall be used to construct a
254     (II).                                                                  283     new multipurpose convention/coliseum/exhibition center/stadium
255          b. The governing body of the county shall use the remaining       284     or the maximum components thereof as funds permit in the most
256     charter county convention development moneys only for the              285     populous municipality in the county.
257     following purposes:                                                    286          c. After the completion of any project under sub-
258          (I) To acquire, construct, extend, enlarge, remodel,              287     subparagraph a., the tax revenues and interest accrued under
259     repair, improve, operate, or maintain one or more of the               288     sub-subparagraph a. may be used to acquire, construct, extend,
260     following:                                                             289     enlarge, remodel, repair, improve, plan for, operate, manage, or
261          (A) A convention center.                                          290     maintain one or more convention centers, stadiums, exhibition

                                  Page 9 of 13                                                                    Page 10 of 13
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        Florida Senate - 2024                                        SB 1072           Florida Senate - 2024                                        SB 1072




        39-00747A-24                                              20241072__           39-00747A-24                                              20241072__
291     halls, arenas, coliseums, auditoriums, or golf courses, and may        320     municipal tourist tax is levied may adopt a resolution
292     be used to acquire and construct an intercity light rail               321     prohibiting imposition of the charter county convention
293     transportation system as described in the Light Rail Transit           322     development levy within such municipality. If the governing body
294     System Status Report to the Legislature dated April 1988, which        323     adopts such a resolution, the convention development levy must
295     shall provide a means to transport persons to and from the             324     shall be imposed by the county in all other areas of the county
296     largest existing publicly owned convention center in the county        325     except such municipality. No funds collected pursuant to this
297     and the hotels north of the convention center and to and from          326     paragraph may be expended in a municipality which has adopted
298     the downtown area of the most populous municipality in the             327     such a resolution.
299     county as determined by the county.                                    328          4.a. Before the county enacts an ordinance imposing the
300          d. After completion of any project under sub-subparagraph         329     levy, the county shall notify the governing body of each
301     b., the tax revenues and interest accrued under sub-subparagraph       330     municipality in which projects are to be developed pursuant to
302     b. may be used, as determined by the county, to operate an             331     sub-subparagraph 2.a., sub-subparagraph 2.b., sub-subparagraph
303     authority created pursuant to subparagraph 4. or to acquire,           332     2.c., or sub-subparagraph 2.d. As a condition precedent to
304     construct, extend, enlarge, remodel, repair, improve, operate,         333     receiving funding, the governing bodies of such municipalities
305     or maintain one or more convention centers, stadiums, exhibition       334     shall designate or appoint an authority that shall have the sole
306     halls, arenas, coliseums, auditoriums, golf courses, or related        335     power to:
307     buildings and parking facilities in the most populous                  336          (I) Approve the concept, location, program, and design of
308     municipality in the county.                                            337     the facilities or improvements to be built in accordance with
309          e. For the purposes of completion of any project pursuant         338     this paragraph and to administer and disburse such proceeds and
310     to this paragraph, tax revenues and interest accrued may be            339     any other related source of revenue.
311     used:                                                                  340          (II) Appoint and dismiss the authority’s executive
312          (I) As collateral, pledged, or hypothecated for projects          341     director, general counsel, and any other consultants retained by
313     authorized by this paragraph, including bonds issued in                342     the authority. The governing body shall have the right to
314     connection therewith; or                                               343     approve or disapprove the initial appointment of the authority’s
315          (II) As a pledge or capital contribution in conjunction           344     executive director and general counsel.
316     with a partnership, joint venture, or other business arrangement       345          b. The members of each such authority shall serve for a
317     between a municipality and one or more business entities for           346     term of not less than 1 year and shall be appointed by the
318     projects authorized by this paragraph.                                 347     governing body of such municipality. The annual budget of such
319          3. The governing body of each municipality in which a             348     authority shall be subject to approval of the governing body of

                                   Page 11 of 13                                                                 Page 12 of 13
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        Florida Senate - 2024                                      SB 1072




        39-00747A-24                                           20241072__
349     the municipality. If the governing body does not approve the
350     budget, the authority shall use as the authority’s budget the
351     previous fiscal year budget.
352          c. The authority, by resolution to be adopted from time to
353     time, may invest and reinvest the proceeds from the convention
354     development tax and any other revenues generated by the
355     authority in the same manner that the municipality in which the
356     authority is located may invest surplus funds.
357          5. The charter county convention development levy shall be
358     in addition to any other levy imposed pursuant to this section.
359          5.6. A certified copy of the ordinance imposing the levy
360     shall be furnished by the county to the department within 10
361     days after approval of such ordinance. The effective date of
362     imposition of the levy shall be the first day of any month at
363     least 60 days after enactment of the ordinance.
364          6.7. Revenues collected pursuant to this paragraph shall be
365     deposited in a convention development trust fund, which shall be
366     established by the county as a condition precedent to receipt of
367     such funds.
368          Section 3. The Division of Law Revision is directed to
369     replace the phrase “the effective date of this act” wherever it
370     occurs in this act with the date this act becomes a law.
371          Section 4. This act shall take effect July 1, 2024.




                                  Page 13 of 13
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                                                                                                                                          The Florida Senate


                                                                                                                                                                                    Meeting Date
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                                                                                                                                                                                                                                                                                                     Bill Number orTofic
                                                                                                                                                                                                                                        Deliver both copies of this form to
                                                                                                                                                                                                   ,
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                                                                                                                                                                                                                                               1)*rt>,'z I"\ *-Js
                                                                                                                                                                                                                                                                                            Amendment Barcode (if applicable)
                                                             THE FLORIDA
                                                                                                                                                                                     Committee
                                                                                                                                                                                                                                    6
                                                               SENATE                                        COMMITTEES:
                                                                                                             Govemment Oversight and Accountability, Chair     Name                                                                                                    Phone        0
                                                         Tallahassee, Florida 32399-1 100                    Appropriations
                                                                                                             Appropriations Committee on Education
                                                                                                             Appropriations Commiftee of Health and Human
                                                                                                             Services
                                                                                                                                                               Address                                             4                    6v Tnn                         Email
                                                                                                             Education Prc-K 12
                                                                                                                                                                           Street
                                                                                                                                                                                                                                                                                                      l;I                    _ Ft "5+r
                                                                                                             Ethics and Elections

       SENATOR Bryan Avila
                                                                                                             Health Policy
                                                                                                             Select Committee on Resiliency
                                                                                                                                                                             a                           6\a
                                                                                                                                                                           City                                        Stote                      Zip
              39th District                                                                                  Joint Select Committee on Collective Bargaining


                                                                                                                                                                              Speaking:       d ro, I Against ! tnformation OR waive speaki"g,                                            Support I         Against

                                                                                                                    January 8,2024                                                                                                                                                  A1n
                                                                                                                                                                                                                               PLEASE CHECK ONE OF THE FOLLOWING:
Honorable Senator Jay Trumbull
                                                                                                                                                                      lam appearing without                                           lam a registered lobbyist,                           I am not a lobbyist, but received
Committee on Commerce & Tourism

Honorable Chair Trumbull:
                                                                                                                                                               X      compensation or sponsorship.                                    representing:                                        something of value for my appearance
                                                                                                                                                                                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                                                                                                                                                                                           sponsored by:


I respectfully request SB 1072 Tourist Development be placed on the next committee agenda.

SB 1072 Tourist Development; Providing an exception to the authorized uses of revenues received by
counties imposing the tourist development tax; specifying uses of tax revenues received by certain counties                                                    This form is part of the public record for this   meeting.                                                                                            S-OO1 (08/10/2021)
imposing the tourist development tax; requiring that charter county convention development moneys be
distributed to the governing boards of municipalities for specified purposes; revising the purposes for which
a county may use charter county convention development moneys.

Sincerely,



 %M
Senator Bryan Avila
Florida Senate, District 39


CC: Todd McKay, Staff Director
     Renita Hayes, Comm ittee Administrative Assistant
     Andrea Gainey, Legislative Assistant




                              REPLY TO:
                                0 10001 Northwest 87th Avenue, Hialeah Gardens, Florida 33016 (305) 364-3073
                                O 326 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1 1 00 (850) 487-5039

                                                         Senate's Website: www.flsenate.gov


                                  Kathleen Passidomo                                                               Dennis Baxley
                                 President of the Senate                                                      President Pro Tempore
                                                                             The Florida Senate
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                Speaking: fl        ro, !        Against !          lnformation OR                       Waive Speaking:   f] tn Support I          Rgainst



                                                                PLEASE CHECK ONE OF THE FOLLOWING:

 d     lam appearing without
       compensation or sponsorship.
                                                                         I am a registered
                                                                         representing:
                                                                                             lobbyist,                             I am not a lobbyist, but received
                                                                                                                                   something of value for my appearance
                                                                                                                                   (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record forthis meeting.                                                                                                    s-001 (08/10/2021)




                                                                              The Florida Senate
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Address
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                                                                PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                             tam a registered lobbyist,                                I am not a lobbyist, but received
       compensation or sponsorship.
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This form is part of the public record for this meeting.                                                                                                   s-oo1 (08/10/2021)
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              Speaking: !                 ror f    Against I         lnformation OR                      Waive Speaking:    I    ln Support          frsainx

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       compensation or sponsorship.                                       representing                                                   something ofvalue for my appearance

                                                       F lo., oto.., R
                                                                       "tfo.rra.{
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                                                                                                                                         (travel, meals, lodging, etc.),
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                                                                A*su.i&'o^


This form is part of the public record forthis    meeting.                                                                                                         S-oot (08/10/2021)




                                                                                The Florida Senate
    January 30,2024                                                                                                             SB 1072 Tourist Development
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                           Meeting Date                                                                                                         Bill Number orTopic
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    Name
                 Mat Forrest                                                                                Phone
                                                                                                                     850-577-0444

    Address 201 E. Park Ave                                                                                 Emait Mat@ballardpartners.com
                 Street

                 Tallahassee                                  FL                         32301
                 City                                     State                          zip


                                                                                                                                                l-

                    speaking:         ffi ror ffi ngainst ffij tnformation OR waive speaking:                                   ln Support      lM;Against


                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

        lam appearing without
    trr compensation    sponsorship,
                              or
                                                                     m     I am a registered lobbyist,
                                                                           representing:
                                                                                                                                EI something
                                                                                                                                    am not lobbyist, but received
                                                                                                                                     I          a
                                                                                                                                             of value for my appearance
                                                                                                                                     (travel, meals, lodging, etc.),
                                                                     Destinations Florida                                            sponsored by:




    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:             SB 1346
INTRODUCER:       Senator Berman
SUBJECT:          Limited Liability Companies
DATE:             January 29, 2024                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                             McKay                                 CM              Favorable
2.                                                                          JU
3.                                                                          FP



    I.    Summary:

          SB 1346 amends the Florida Revised Limited Liability Company Act in ch. 605, F.S., to provide
          for the formation of a protected series limited liability company (LLC) under Florida law. The
          bill specifies definitions, operations and governance, powers and duties, liability limitations, and
          requirements related to service and notice, reporting, management, merger, and dissolution.

          The bill also changes an internal reference in s. 605.0103, F.S., related to knowledge and notice.

          The bill takes effect January 1, 2025.

    II.   Present Situation:

          Limited Liability Companies

          A limited liability company (LLC) is a type of business entity recognized by and regulated under
          ch. 605, F.S., the Florida Revised Limited Liability Company Act (LLC Act). Benefits to
          forming a business as an LLC include a flexible tax structure1 and a “vertical liability shield,”




1
  Depending on elections made by an LLC’s members, the IRS will treat an LLC as either a corporation, a partnership, or a
disregarded entity. This last option allows for what is known as “pass-through taxation,” in which the LLC’s members claim
the LLC’s profits or losses as part of their personal taxes, alleviating the LLC of needing to file its own tax return and
preventing the profits and losses from being taxed twice. IRS, Limited Liability Company (LLC),
https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc (last visited Jan. 29, 2024).
BILL: SB 1346                                                                                                              Page 2

         which limits the personal liability of the LLC’s members2 and managers3 for company
         obligations.4

         Forming a Florida LCC
         To form an LLC in Florida, the authorized representatives5 must first choose a name, which
         name must be distinguishable from the names of all other business entity names in the records of
         the Department of State (DOS) and include the words “limited liability company” or the
         abbreviation “LLC” or “L.L.C.”6 The authorized representatives must also designate a registered
         agent to accept legal notices and service of process on behalf of the LLC at a registered office
         located in Florida.7

         Once these steps are completed, the authorized representatives must sign and deliver to the DOS
         for filing articles of organization stating the LLC’s name; the street and mailing addresses of the
         LLC’s principal office; and the name, street address in Florida, and written acceptance of the
         LLC’s registered agent.8 An LLC is formed when the LLC’s articles of organization become
         effective9 and when at least one person becomes a member at the time the articles of organization
         become effective.10

         Once formed, the members of the LLC may establish an operating agreement to lay the
         groundwork for the company, which agreement governs the:
          Relations among the members as members and between the members and the LLC;
          Rights and duties of a person serving in the capacity of manager;
          LLC’s activities and affairs; and
          Means and conditions for amending the operating agreement.11
2
  “Member” means a person who: (a) is a member of an LLC under s. 605.0401, F.S., or was a member in a company when
the company became subject to the Act; and (b) has not dissociated from the LLC under s. 605.0602, F.S. Section
605.0102(40), F.S.
3
  “Manager” means a person who, under the operating agreement of a manager-managed LLC, is responsible, alone or in
concert with others, for performing the management functions stated in ss. 605.0407(3) and 605.04073(2), F.S. Section
605.0102(38), F.S.
4
  Exceptions to the liability shield include a member’s or manager’s written consent to be liable for an obligation; a statutory
claw-back provision for improper distributions; provisions in agreements signed before the LLC’s organization; a member’s
or manager’s tortious conduct; a member’s or manager’s action or inaction that results in a violation of criminal law or
improper personal gain; liability arising under federal tax laws of the Florida sales and use tax laws; and a violation of
fiduciary duties to creditors. Section 605.0304, F.S. Daniel S. Kleinberger, Limited Liability Limited (Aug. 28, 2019),
https://www.americanbar.org/groups/business_law/publications/blt/2019/09/limited-liability/ (last visited Jan. 29, 2024).
5
  One or more persons may act as authorized representatives to form an LLC. Section 605.0201, F.S.
6
  Section 605.0112, F.S.
7
  The registered agent must be an individual who resides in Florida and whose business address is identical to the address of
the registered office; another domestic entity that is an authorized entity and whose business address is identical to the
address of the registered office; or a foreign entity authorized to transact business in Florida that is an authorized entity and
whose business address is identical to the address of the registered office. Section 605.0113, F.S.
8
  The articles of organization may contain statements on additional matters as specified in statute. Section 605.0201, F.S.
9
  Except as otherwise provided, any document delivered to the DOS for filing under the LLC Act may specify an effective
time and a delayed effective date. In the case of initial articles of organization, a prior effective date may be specified in the
articles of organization if such date is within five business days before the date of filing. If the record does not specify an
effective time or a prior or delayed effective date, the record is effective on the date and at the time the record is accepted, as
evidenced by the DOS’s endorsement of the date and time on the filing. Section 605.0207, F.S.
10
   Section 605.0201, F.S.
11
   Section 605.0105, F.S.
BILL: SB 1346                                                                                                        Page 3


         An LLC must also deliver to the DOS for filing an annual report stating:
          The LLC’s name;
          The LLC’s principal office and mailing addresses;
          The date of the LLC’s organization;
          The LLC’s federal employer identification number12 or, if none exists, whether one has been
            applied for;
          The name, title or capacity, and address of at least one person with the authority to manage
            the LLC; and
          Any additional information that is necessary or appropriate to enable the DOS to carry out
            the LCC Act.13

         Foreign LLCs Doing Business in Florida
         An entity organized as an LLC under the laws of another jurisdiction (a foreign LLC) that wishes
         to do business in Florida must, through an authorized representative, first apply for a certificate
         of authority to transact business in Florida by delivering an application for such a certificate to
         the DOS, which application must contain:
          The foreign LLC’s name;
          The name of the foreign LLC’s jurisdiction of formation;
          The foreign LLC’s principal office and mailing addresses;
          The name and street address in Florida of, and the written acceptance by, the foreign LLC’s
             initial registered agent in Florida;
          The name, title or capacity, and address of at least one person with the authority to manage
             the foreign LLC; and
          Additional information as may be necessary or appropriate in order to enable the DOS to
             determine whether the foreign LLC is entitled to file an application for a certificate of
             authority and to determine and assess applicable fees.14

         Unless the DOS determines that such an application does not comply with the LLC Act’s filing
         requirements, the DOS must, upon the payment of all filing fees, file the certificate of authority
         application.15 The filing of the application means the foreign LLC has obtained a certificate of
         authority and is authorized to do business in Florida.16 Such an LLC must file annual reports as
         required of a domestic LLC, which reports must include additional information pertinent to a
         foreign LLC as specified in the LLC Act.17




12
   The federal employer identification number, also known as a federal tax identification number, is issued by the IRS and
used to identify a business for federal tax purposes. IRS, Employer ID Numbers, https://www.irs.gov/businesses/small-
businesses-self-employed/employer-id-numbers (last visited Jan. 29, 2024)
13
   Section 605.0212, F.S.
14
   Section 605.0902, F.S.
15
   Section 605.0903, F.S.
16
   Id.
17
   Section 605.0212, F.S.
BILL: SB 1346                                                                                                          Page 4

         Protected Series Limited Liability Companies

         In 1996, Delaware enacted legislation providing for the formation of a “protected series limited
         liability company” (protected series LLC), which offers both the traditional, vertical liability
         shield of an LLC and a new, horizontal liability shield for any protected series of the LLC; in
         other words, the assets of any one protected series of an LLC are not available to satisfy the
         claims of creditors of the LLC or of any other protected series of the LLC.18 Since then, 20 other
         states and the District of Columbia have enacted legislation providing for the formation of some
         type of protected series LLC.19

         In response to the growing popularity of this type of business entity, the Uniform Law
         Commission promulgated the Uniform Protected Series Act (UPSA) in 2017, intended as a
         model law that could be inserted into a state’s existing LLC statutes.20 The UPSA contains
         definitions; a description of the nature and purpose of a protected series LLC, as well as its
         powers, purpose, and duration; a description of how a protected series is governed by the LLC’s
         operating agreement; and rules for applying certain provisions of a state’s existing LLC act to a
         protected series.21

         Florida
         A protected series LLC formed in another state (a foreign series LLC) is currently authorized to
         do business in Florida if it meets all applicable statutory requirements for a foreign LLC and
         registers with the DOS.22 However, Florida law does not currently recognize the protected series
         LLC model; thus, each series in a foreign series LLC must qualify to do business in Florida as if
         each series were a separate legal entity. Moreover, there is no guidance for lawyers and judges
         being asked to address a foreign series LLC with respect to contracts, claims, and disputes.23

         In 2020, the Business Law Section of the Florida Bar formed the Protected Series LLC Task
         Force (Task Force) to analyze the USPA and consider its adoption in Florida.24 The Task Force
         ultimately proposed that new sections be added to the LLC Act to authorize the formation of a
         protected series LLC under Florida law, using model language borrowed from the UPSA and
         language which deviates from the UPSA to address unique aspects of Florida law.25



18
   Protected Series LLC Task Force of the Florida Bar Business Law Section, White Paper: Analysis of Proposed Additions to
Chapter 605 (Jan. 14, 2024).
19
   These states are: Wisconsin, Oklahoma, Illinois, Nevada, Tennessee, Iowa, Texas, Kansas, Missouri, Montana, Utah,
Alabama, Indiana, Arkansas, Nebraska, North Dakota, South Dakota, Virginia, Wyoming, and Ohio. Puerto Rico also
recognizes a protected series LLC. Id.
20
   Uniform Law Commission, The Uniform Protected Series Act,
https://www.uniformlaws.org/search?executeSearch=true&SearchTerm=uniform+protected+series+act&l=1 (last visited Jan.
29, 2024).
21
   Id.
22
   See Business Law Section, supra note 18.
23
   Id.; See s. 605.0902, F.S., authorizing the DOS to require each individual series of a foreign series LLC to make a separate
application for a certificate of authority, and to make such other filings as may be required for purposes of complying with
the requirements of the LLC Act as if such series was a separate foreign LLC.
24
   See Business Law Section, supra note 18.
25
   Id.
BILL: SB 1346                                                                                        Page 5

III.   Effect of Proposed Changes:

       The bill adopts the Business Law Section Task Force’s recommendations, creating The Uniform
       Protected Series Provisions in ss. 605.2101-605.2802, F.S., within the LLC Act to allow for the
       formation of a protected series LLC under Florida law. The bill refers to a protected series LLC
       as a “series LLC” and defines the term to mean a domestic LLC with at least one protected series
       established under s. 605.2201, F.S.

       Practically speaking, this may encourage a business wishing to organize as a protected series
       LLC to organize under Florida law. The bill also recognizes the structure of existing foreign
       series LLCs wishing to do business in Florida, and provides clarity for lawyers and judges
       engaging with a business organized as a series LLC.

       Series LLC Formation

       The bill specifies that the provisions of the LLC Act applicable to the formation of an LLC
       generally also apply to the formation of a series LLC or protected series, except as otherwise
       provided. The bill also establishes provisions specific to the formation of a series LLC or
       protected series.

       Section 5 specifies a short title for sections 605.2101 through 605.2802 – the “Uniform
       Protected Series Provisions.”

       Section 6 specifies definitions for use in the provisions.

       Designation of Protected Series
       Section 13 creates s. 605.2201, F.S., to provide that, with the affirmative vote or consent of all
       members of an LLC, the LLC may establish a protected series. To establish a protected series
       after such a vote, the bill requires an LLC to deliver to the DOS for filing a protected series
       designation, signed by the LLC, stating the names of the LLC and of the protected series to be
       established, and any other information the DOS requires for filing.

       Under the bill, a protected series is established when the protected series designation takes effect.
       To amend such a designation, a series LLC must deliver to the DOS for filing a statement of
       designation change, signed by the company, that sets forth:
        The names of the series LLC and of the protected series to which the designation applies;
        Each change to the protected series designation; and
        A statement that the change was approved by the affirmative vote or consent of the members
           of the series LLC required to make the designated change.

       The amendment takes effect when the statement of designation change takes effect.

       Protected Series Name
       Section 14 creates s. 605.2202, F.S., to specify that a protected series’ name generally must meet
       the statutory requirements for LLC names. However, under the bill, a protected series’ name
       must also:
BILL: SB 1346                                                                                                           Page 6

            Begin with the series LLC’s name, including any word or abbreviation required by the LLC
             Act; and
            Contain the phrase “protected series” or the abbreviation “P.S.” or “PS.”

         If a series LLC changes its name, the LLC must deliver to the DOS for filing a statement of
         designation change for each of the LLC’s protected series, changing the name of each such series
         to comply with this section.

         Nature of a Protected Series
         Section 7 creates s. 605.2103, F.S. to provide that a protected series is a person26 distinct from
         all of the following:
          The series LLC, generally.
          Another protected series of the series LLC.
          A member of the series LLC, regardless of whether the member is an associated member27 of
             the protected series.
          A protected-series transferee28 of a protected series of the series LLC.
          A transferee of a transferrable interest29 of the series LLC.

         Powers and Duties of a Protected Series
         Section 8 creates s. 605.2104, F.S., to provide that a protected series:
          Can sue and be sued in its own name.
          Generally has the same powers and purposes as the series LLC.
          Ceases to exist not later than when the series LLC completes its winding up.
          May not:
            o Be a member of the series LLC;
            o Establish a protected series; or
            o Except as otherwise authorized by Florida law, have a purpose or power, or take an
                action, that Florida law prohibits an LLC from having or taking.

         Liability Limitations

         The bill recognizes both the traditional, vertical liability shield of an LLC and the new,
         horizontal liability shield of a series LLC, and establishes the limitations of such shields as
         applied to a series LLC.



26
   “Person” means an individual, business corporation, nonprofit corporation, partnership, limited partnership, LLC, limited
cooperative association, unincorporated nonprofit association, statutory trust, business trust, common law business trust,
estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or
instrumentality, or another legal or commercial entity. See s. 605.0102, F.S.
27
   An “associated member” is a member of a series LLC that meets statutory requirements and is associated with a protected
series.See s. 605.2302, F.S.
28
   “Protected-series transferee” means a person to which all or part of a protected-series transferable interest of a protected
series has been transferred, other than the series LLC company, and includes a person that owns a protected-series
transferable interest as a result of ceasing to be an associated member of a protected series.
29
   “Protected series transferrable interest” means a right to receive a distribution from a protected series.
BILL: SB 1346                                                                                         Page 7

      Liability Shield
      Section 24 creates s. 605.2401, F.S., to provide that the following concepts generally apply:
       A series LLC’s debt, obligation, or other liability is solely the debt, obligation, or liability of
         the series LLC.
       A protected series’ debt, obligation, or other liability is solely the debt, obligation, or liability
         of the protected series.
       A series LLC is not liable, directly or indirectly, by way of contribution or otherwise, for a
         debt, obligation, or other liability of its protected series solely by reason of the protected
         series being a protected series of the series LLC, or the series LLC:
         o Being or acting as a protected-series manager of the protected series;
         o Having the protected series manage the series LLC; or
         o Owning a protected-series transferrable interest of the protected series.
       A protected series is not liable, directly or indirectly, by way of contribution or otherwise, for
         a debt, obligation, or other liability of the series LLC or another protected series of the series
         LLC, solely by reason of:
         o Being a protected series of the series LLC;
         o Being or acting as a manager of the series LLC or a protected-series manager of another
             protected series of the company; or
         o Having the series LLC or another protected series of the company be or act as a
             protected-series manager of the protected series.

      Further, the bill specifies that a person is not liable, directly or indirectly, by way of contribution
      or otherwise, for a debt, obligation, or other liability of:
       A protected series of a series LLC solely by reason of being or acting as:
          o An associated member, protected-series manager, or protected-series transferee of the
              protected series; or
          o A member, manager, or a transferee of the series LLC.
       A series LLC solely by reason of being or acting as an associated member, protected-series
          manger, or protected-series transferee of a protected series of the LLC.

      Claim Seeking to Disregard Liability Limitation
      Section 25 creates s. 605.2402, F.S., to provide that a claim seeking to disregard a liability
      limitation pertaining to a series LLC, a protected series, or persons connected thereto, including a
      principal providing a right to a creditor or holding a person liable for a debt, obligation, or other
      liability of another person, is governed by the principles of law and equity which would apply if
      each protected series were an LLC formed separately from the series LLC and distinct from the
      series LLC and any other protected series of such LLC. The bill also specifies that:
       Failure of an LLC or a protected series to observe the formalities of its activities and affairs
          is not grounds to disregard a limitation in s. 605.2401(1), F.S., relating to the liability of
          persons acting in specified roles, but may be grounds to disregard a limitation in s.
          605.2401(2), F.S., relating to the liability of a protected series or series LLC.
BILL: SB 1346                                                                                                            Page 8

            This section applies to a claim seeking to disregard a liability limitation applicable to a
             foreign series LLC30 or a foreign protected series31 and comparable to a limitation stated in s.
             605.2401, F.S., if:
             o The claimant is a Florida resident, transacting business in Florida, or authorized to
                 transact business in Florida; or
             o The claim is to establish or enforce a liability arising under Florida law other than the
                 LLC Act or from an act or omission in Florida.

         Remedies of Certain Judgment Creditors
         Section 26 creates s. 605.2403, F.S., to specify that the provisions of s. 605.0503, F.S., which
         provide or restrict remedies available to a judgment creditor32 of a member or transferee of an
         LLC, apply to a judgment creditor of:
          An associated member or protected-series transferee of a protected series; and
          A series LLC, to the extent the LLC owns a protected-series transferable interest of a
            protected series.

         Enforcement of Claim Against Non-Associated Assets
         Section 27 creates s. 605.2404, F.S., to specify that, if a claim against a series LLC or a
         protected series of the LLC has been reduced to judgment, in addition to any other remedy
         provided by law or equity, the judgment may be enforced in accordance with the following:
          A judgment against a series LLC may be enforced against an asset33 of a protected series of
             the LLC if the asset:
             o Was a non-associated asset34 of the protected series on the incurrence date;35 or
             o Is a non-associated asset of the protected series on the enforcement date.36
          A judgment against a protected series may be enforced against the series LLC if the asset:
             o Was a non-associated asset of the series LLC on the incurrence date; or
             o Is a non-associated asset of the series LLC on the enforcement date.
          A judgment against a protected series may be enforced against an asset of another protected
             series of the series LLC if the asset:

30
   A “foreign series LLC” is a foreign LLC that has at least one foreign series or protected series.
31
   A “foreign protected series” means an arrangement, configuration, or other structure established by a foreign LLC which
has attributes comparable to a protected series established under ch. 605, F.S., regardless of whether the law under which
such company is organized refers to “series” or “protected series.”
32
   A “judgment creditor” is a person with the right to demand the payment of monetary damages awarded as part of a
judgment rendered in a civil action. Legal Information Institute, Judgment Creditor,
https://www.law.cornell.edu/wex/judgment_creditor (last visited Jan. 29, 2024).
33
   “Asset” means property: (a) in which a series LLC or a protected series has rights; or (b) as to which the series LLC or
protected series has the power to transfer rights.
34
   A “non-associated asset” means: (a) an asset of a series LLC which is not an associated asset of such LLC; or (b) an asset
of a protected series which is not an associated asset of the protected series. “Associated asset,” meanwhile, means an asset
that meets the requirements of s. 605.2301, F.S. In other words, associated assets have only one owner (that is, either the
series LLC or the protected series), while non-associated assets are available to the creditors of both the series LLC and the
protected series.
35
   “Incurrence date” means the date on which a series LLC or protected series incurred the liability giving rise to a claim that
a claimant seeks to enforce under s. 605.2404, F.S.
36
   “Enforcement date” means 12:01 a.m. on the date on which a claimant first serves process on a series LLC or protected
series in an action seeking to enforce a claim against an asset of the LLC or protected series by attachment, levy, or the like
under s. 605.2404, F.S.
BILL: SB 1346                                                                                                         Page 9

             o Was a non-associated asset of the other protected series on the incurrence date; or
             o Is a non-associated asset of the other protected series on the enforcement date.

         Further, under the bill:
          If a claim against a series LLC or a protected series has not been reduced to a judgment, and
            a law other than the LLC Act authorizes a prejudgment remedy by attachment,37 levy,38 or the
            like, the court may apply the foregoing as a prejudgment remedy.
          The party asserting that an asset is or was an associated asset of a series LLC or a protected
            series has the burden of proof on the issue.
          Newly-created s. 605.2404, F.S., applies to an asset of a foreign series LLC or foreign
            protected series under specified circumstances, including that the asset is real or tangible
            property located in Florida.

         Protected Series LLC Operations and Governance

         The bill specifies that the provisions of the LLC Act applicable to LLCs in general, and their
         members and managers, including, but not limited to, provisions relating to LLC operation,
         existence, and management; court proceedings; and filings with the DOS and other state or local
         government agencies, generally apply to each series LLC and to each protected series established
         under s. 605.2201, F.S. The bill also creates provisions of the LLC Act applicable only to the
         operation and governance of a series LLC and a protected series.

         Protected Series Governing Law
         Sections 9 and 39 create ss. 605.2105 and 605.2701, F.S., respectively, to provide that Florida
         law governs:
          The internal affairs of a protected series or foreign protected series.
          The relations between a protected series or foreign protected series and specified parties,
            including the series LLC or foreign series LLC and another protected series of such LLC.
          The liability of a person for a debt, obligation, or other liability of a protected series or
            foreign protected series arising under specified circumstances.
          The liability of a series LLC or foreign series LLC for a debt, obligation, or other liability of
            its protected series arising under specified circumstances.
          The liability of a protected series or foreign protected series for a debt, obligation, or other
            liability of the series LLC or foreign series LLC arising under specified circumstances.

         Operating Agreements
         Section 10 creates s. 605.2106, F.S., to provide that a series LLC’s operating agreement
         generally governs the internal affairs of a protected series and relations between a protected
         series and specified parties. The bill also specifies:


37
   An “attachment” is a court order directing the freezing or seizure of specific assets belonging to a debtor, pending the
outcome of a civil matter involving a creditor who may obtain a judgment in his or her favor that could be satisfied by the
sale or application of the assets. Legal Information Institute, Attachment, https://www.law.cornell.edu/wex/attachment (last
visited Jan. 29, 2024).
38
   A “levy” is the court-ordered seizure and sale of property to satisfy a delinquent debt or judgment. Legal Information
Institute, Levy, https://www.law.cornell.edu/wex/levy (last visited Jan. 29, 2024).
BILL: SB 1346                                                                                      Page 10

         How such matters are determined if the operating agreement of a series LLC does not
          provide for such matters in an authorized manner.
         How certain restrictions on operating agreements imposed by the LLC Act or other laws
          apply.

      Section 11 creates s. 605.2107, F.S., to provide that an operating agreement for a series LLC
      may not vary the effect of specified provisions of law created by the bill, except to the extent
      otherwise specified therein. Under the bill, an operating agreement may not unreasonably restrict
      the duties and rights of a person who is not an associated member of a protected series to
      information concerning the protected series, but may impose reasonable restrictions on the
      availability and use of such information, and may provide appropriate remedies, including
      liquidated damages, for a breach of any reasonable restriction on such use.

      Application
      Section 12 creates s. 605.2108, F.S., which specifies application of ch. 605, F.S., to specified
      provisions of protected series, and exemptions.

      Registered Agent
      Section 15 creates s. 605.2203, F.S., to provide that the registered agent in Florida for a series
      LLC is the registered agent in Florida for each protected series of that LLC, but a series LLC
      must agree with a registered agent that the agent will serve as the registered agent in Florida for
      the LLC and for each protected series of the LLC before delivering a protected series designation
      to the DOS for filing. Further, under the bill, a person that ceases to be the registered agent for a:
       Series LLC ceases to be the registered agent for each protected series of such LLC.
       Protected series, other than as a result of the termination of the protected series, ceases to be
          the registered agent of the series LLC and any other protected series of such LLC.

      The bill also provides that, except as otherwise agreed upon by a series LLC and its registered
      agent, the registered agent is not obligated to distinguish between a process, notice, demand, or
      other record concerning the series LLC and a process, notice, demand, or other record
      concerning a protected series of the series LLC.

      Service of Process, Notice, Demand, or Other Record
      Section 16 creates s. 605.2204, F.S., to provide that process against a series LLC, a protected
      series, a registered foreign series LLC, or a registered foreign protected series may be serviced in
      the same manner as service is made on such entity under s. 48.062 and chapters 48 or 49, F.S.
      Under the bill, any notice or demand on a series LLC or protected series may be given or made
      to any member of a member-managed series LLC or to any manager of a manager-managed
      LLC; to the registered agent of a series LLC at the registered office of the series LLC in Florida;
      or to any other address in Florida which is the principal Florida office of the series LLC.
      Similarly, any notice or demand on a registered foreign series LLC or a registered foreign
      protected series may be given or made to any member of a member-managed foreign series LLC
      or to any manager of a manager-managed foreign series LLC; the registered agent of the
      registered foreign series LLC at the registered office of the foreign series LLC; or to the principal
      office address, or any other Florida address, which is the principal Florida office of the registered
BILL: SB 1346                                                                                                         Page 11

         foreign series LLC. However, the bill does not affect the right to serve process on, give notice to,
         or make a demand on a series LLC or a protected series thereof, or on a foreign series LLC or a
         protected series thereof, in any other manner provided by law.

         Section 3 amends s. 605.0117, F.S., to delete a provision that a registered series of a foreign
         series limited liability company may be served in the same manner as a registered limited
         liability company.

         Section 1 amends s. 48.062, F.S., to define “registered foreign protected series of a foreign series
         LLC” and “registered foreign series LLC” and to provide that:
          Service on a series LLC is notice to each protected series thereof.
          Service on a protected series is notice to the series LLC thereof.
          Service on a registered foreign series LLC is notice to each protected series thereof.
          Service on a registered foreign protected series is notice to each registered foreign series LLC
            thereof.

         Foreign Series LLCs and Foreign Protected Series
         Section 40 creates s. 605.2702, F.S., to provide that, in determining whether a foreign series
         LLC or foreign protected series is transacting business in Florida or is subject to the personal
         jurisdiction of Florida courts, the activities and affairs of the:
          Foreign series LLC are not attributable to a foreign protected series of such LLC solely by
             reason of the foreign protected series being a foreign protected series of the LLC.
          Foreign protected series are not attributable to a foreign series LLC or another foreign
             protected series of the LLC solely by reason of the foreign protected series being a foreign
             protected series of the foreign series LLC.

         Section 41 creates s. 605.2703, F.S., to require that an application by a foreign protected series
         for a certificate of authority to do business in Florida must include specified information,
         including the name and jurisdiction of formation of the foreign series LLC and the foreign
         protected series seeking the certificate and, if the foreign series LLC has other foreign protected
         series, the name, title, capacity, and street and mailing address of at least one person who has the
         authority to manage the foreign series LLC and who knows specified information about the
         protected series. The bill also specifies which provisions of the LLC Act apply to the application
         for a certificate of authority by a foreign series LLC, which provisions include the naming
         requirements and provisions relating to required information.

         Section 42 creates s. 605.2704, F.S., to provide that, not later than 30 days after becoming a
         party to a proceeding before a civil, administrative, or other adjudicative tribunal of or located in
         Florida, or a tribunal of the United States located in Florida:39
          A foreign series LLC must disclose to each other party the name and street and mailing
             address of:
             o Each of its foreign protected series; and


39
  The disclosure requirements are tolled under the bill if a foreign series LLC or foreign protected series challenges the
personal jurisdiction of the tribunal, until the tribunal determines whether it has personal jurisdiction.
BILL: SB 1346                                                                                      Page 12

          o Each foreign protected series manager of and a registered agent for service of process for
             each foreign protected series.
         A foreign protected series must disclose to each other party the name and street and mailing
          address of:
          o The foreign series LLC;
          o An agent for service of process for the foreign series LLC;
          o Any other foreign protected series of the foreign series LLC; and
          o Each foreign protected-series manager of and an agent for service of process for the other
             foreign protected series.

      Under the bill, where a foreign series LLC or foreign protected series does not comply with the
      disclosure requirements under s. 605.2704, F.S., a party to the proceeding may ask the tribunal to
      treat the noncompliance as a failure to comply with the tribunal’s discovery rules or bring a
      separate proceeding to the court to enforce compliance.

      Issuance of Certificate of Status or Authority
      Section 17 creates s. 605.2205, F.S., to provide that, upon the satisfaction of specified
      requirements, the DOS must issue a certificate of status for a protected series, or a certificate of
      authority for a foreign protected series, if:
       In the case of a protected series, the records show that the DOS has accepted and filed
         articles of organization for the series LLC and a protected series designation for the protected
         series.
       In the case of a foreign protected series, the records show that the DOS has filed a certificate
         of authority for the foreign series LLC and a certificate of authority for the foreign protected
         series.

      A certificate issued under this section must contain specified information, including:
       In the case of a protected series, the name of the protected series, the series LLC’s name, the
         date the protected series designation took effect, and other information.
       In the case of a foreign protected series, the foreign protected series’ name, the foreign series
         LLC’s name, the fact that the foreign series LLC is authorized to do business in Florida, and
         other information.

      Under the bill, the certificate may be relied on as conclusive evidence of the facts stated therein,
      subject to any qualifications stated by the DOS in the certificate.

      Annual Report Information
      Section 18 creates s. 605.2206, F.S., to require that, in its annual report, a series LLC must
      include the name of each its protected series:
       For which the series LLC has previously delivered to the DOS for filing a protected series
          designation; and
       Which has not dissolved and completed winding up.

      Under the bill, a series LLC’s failure to comply with this requirement with regard to a protected
      series prevents issuance of a certificate of status pertaining to the protected series, but does not
      otherwise affect the protected series.
BILL: SB 1346                                                                                      Page 13


      Similarly, the bill requires that, in its annual report, a registered foreign series LLC include the
      name of each registered foreign protected series of the registered foreign series LLC:
       For which the registered foreign series LLC has previously delivered to the DOS for filing an
         application for a certificate of authority to do business in Florida, which the DOS has
         accepted; and
       Which has not withdrawn is certificate of authority.

      Under the bill, the failure of a registered foreign series LLC to comply with this requirement
      with regard to a registered foreign protected series prevents issuance of a certificate of status
      pertaining to the foreign protected series.

      Associated Assets
      Section 19 creates s. 605.2301, F.S., to provide that only an asset of a protected series may be an
      associated asset of the protected series, while only an asset of a series LLC may be an associated
      asset of the series LLC. Further, the bill specifies that an asset of a protected series is an
      associated asset of the protected series, and an asset of a series LLC is an associated asset of the
      series LLC, only if the protected series or series LLC creates and maintains specified records that
      state the name of the protected series or series LLC and describe the asset with sufficient
      specificity to permit a disinterested, reasonable individual to make specified determinations
      about the asset. Such records may be organized by specific listing, category, type, quantity, or
      computational or allocational formula or procedure, including a percentage or share of any asset,
      or in any other reasonable manner.

      Further, under the bill, a series LLC or protected series may, to the extent authorized by law,
      hold an associated asset directly or indirectly, except that:
       A protected series may not hold an associated asset in the name of the series LLC or another
         protected series of such LLC; and
       The series LLC may not hold an associated asset in the name of its protected series.

      The bill also provides for the effect of a deed or other instrument granting an interest in real
      property to or from a series LLC or one or more protected series of a series LLC, or any other
      instrument otherwise affecting an interest in real property held by such entity, in each case to the
      extent such deed or other instrument is recorded in the office for recording transfers or other
      matters affecting real property and specified records are maintained.

      Associated Member
      Section 20 creates s. 605.2302, F.S., to specify that only a member of a series LLC may be an
      associated member of a protected series of such LLC. Under the bill, a member of a series LLC
      becomes an associated member of a protected series of such LLC if the operating agreement or a
      procedure established therein states:
       That the member is an associated member of the protected series;
       The date on which the member became an associated member of the protected series; and
       Any protected-series transferable interest the associated member has in connection with
          becoming or being an associated member of the protected series.
BILL: SB 1346                                                                                     Page 14

      Further, the bill specifies:
       That if a person that is an associated member of a protected series is dissociated from the
         series LLC, the person ceases to be an associated member of the protected series.
       The rights of an associated member of a protected series to vote on or consent to an
         amendment to the series LLC’s operating agreement or any other matter being decided by the
         members or to maintain a derivative action to enforce a right of the LLC.
       That an associated member of a protected series is an agent of the protected series with
         certain powers to bind the protected series.

      Protected-Series Transferrable Interest
      Section 21 creates s. 605.2303, F.S., to provide that a protected-series transferrable interest of a
      protected series must be owned initially by an associated member of the protected series or the
      series LLC. Under the bill, if a protected series has no associated members when established, the
      series LLC owns the protected-series transferable interests in the protected series. A series LLC
      may also acquire a protected-series transferable interest through a transfer from another person
      or as provided in the operating agreement.

      Further, except as otherwise specified, a provision of the:
       LLC Act which applies to a protected-series transferee of a protected series applies to the
         series LLC in its capacity as an owner of a protected-series transferable interest of the
         protected series.
       Operating agreement of a series LLC which applies to a protected-series transferee of a
         protected series applies to the series LLC in its capacity as an owner of a protected-series
         transferrable interest of the protected series.

      Management
      Section 22 creates s. 605.2304, F.S., to specify that a protected series may have more than one
      protected-series manager and, if a protected series has no associated members, the series LLC is
      the protected-series manager. The bill also provides for the determination of any duties of a
      protected-series manager to:
       The protected series;
       Any associated member of the protected series; and
       Any protected-series transferee of the protected series.

      However, the bill provides that, solely by reason of being or acting as a protected-series
      manager, a person owes no duty to:
       The series LLC;
       Another protected series of the series LLC; or
       Another person in that person’s capacity as:
         o A member of the series LLC which is not an associated member of the protected series;
         o A protected-series transferee or protected-series manager of another protected series; or
         o A transferee of the series LLC.
BILL: SB 1346                                                                                                       Page 15

        Right of Non-Associated Members to Specified Information
        Section 23 creates s. 605.2305, F.S., to specify the rights to information concerning the protected
        series of a member of a series LLC which is not an associated member of a protected series of
        such LLC; a person who was formerly an associated member of a protected series; the legal
        representative of a deceased associated member of a protected series; and a protected-series
        manager of a protected series. Such rights generally correspond to the current rights of the
        counterparts of such persons under the LLC Act. The bill also provides that the court-ordered
        inspection provisions of s. 605.0411, F.S.,40 apply to such information rights.

        Entity Transactions
        Section 31 specifies definitions for use in provisions relating to entity transactions and mergers.

        The bill provides for the role of, and in some instance prohibits the participation of, a series LLC
        or a protected series in certain entity transactions, including conversions,41 domestications,42
        interest exchanges,43 and mergers.44

        Sections 32 and 33 create ss. 605.2602 and 605.2603, F.S., respectively, to provide that a
        protected series and a series LLC, respectively, may not be a party to, be formed, organized,
        established, or created in, or result from:
         A conversion, domestication, or an interest exchange under the LLC Act or the law of a
            foreign jurisdiction; or
         A transaction with the same substantive effect as a conversion, domestication, or interest
            exchange.

        The bill also specifies that a:
         Protected series may not be a party to, be formed, organized, established, or created in, or
           result from a merger under the LLC Act or the law of a foreign jurisdiction or a transaction
           with the same substantive effect as a merger.
         Series LLC may not, except as otherwise provided by law, be a party to or the surviving
           company45 of a merger under the LLC Act or the law of a foreign jurisdiction or a transaction
           with the same substantive effect as a merger.

        Mergers Authorized
        Section 34 creates s. 605.2604, F.S., to authorize a series LLC to be party to a merger only if:
         Each other party to the merger is an LLC; and
         The surviving company is not created in the merger.

40
   S. 605.0411, F.S., applies if an LLC does not allow a member, manager, or other person who complies with applicable law
to inspect and copy any records required to be available for inspection. Under this section, the circuit court may summarily
order inspection and copying of the records demanded under specified circumstances, and may order the LLC to pay the
costs, including reasonable attorney fees, incurred by the member, manager, or other person seeking the records to obtain the
order and enforce its rights.
41
   A “conversion” is a transaction authorized under ss. 605.1041-605.1046, F.S.
42
   A “domestication” is a transaction authorized under ss. 605.1051-605.1056, F.S.
43
   An “interest exchange” is a transaction authorized under ss. 605.1031-605.1036, F.S.
44
   A “merger” is a transaction authorized under ss. 605.1021-605.1026, F.S.
45
   “Surviving company” means a merging company that continues in existence after a merger.
BILL: SB 1346                                                                                                          Page 16


         Section 35 creates s. 605.2605, F.S., to require that the plan of merger:
          Comply with the requirements for the contents of a plan of merger for an LLC; and
          State specified information in a record, which information depends on whether the protected
            series is a protected series of a non-surviving company,46 a protected series of a surviving
            company, a relocated protected series,47 a continuing protected series,48 or a protected series
            to be established by the surviving company.

         Section 36 creates s. 605.2606, F.S., to require that the articles of merger:
          Comply with the requirements for the articles of merger for an LLC;49 and
          Include specified attachments, including, as appropriate, a signed statement of designation
            cancellation and termination; a signed statement of relocation and a statement of protected
            series designation; or a signed protected series designation.

         Effect of Merger
         Section 37 creates s. 605.2607. F.S., to establish the effects of a merger which occur in addition
         to the effects stated in s. 605.1026, F.S., relating to the merger of an LLC. Under this section:
          As provided in the plan of merger, each protected series of each merging series LLC which
             was established before the merger is a relocated or continuing protected series or is
             dissolved, wound up, and terminated.
          Any protected series to be established due to the merger is established.
          Any relocated or continuing protected series is the same person it was before the merger.
          All property of a relocated or continuing protected series continues to be vested in such
             protected series.
          All debts, obligations, and other liabilities of a relocated or continuing protected series
             continue as debts, obligations, and other liabilities of such protected series.
          Except as otherwise provided by law or the plan of merger, all rights, privileges, immunities,
             powers, and purposes of a relocated or continuing protected series remain in such protected
             series.
          The new name of a relocated protected series may be substituted for its former name in any
             pending action or proceeding.
          To the extent provided in the plan of merger:
             o A person becomes an associated member or a protected-series transferee or a relocated
                 protected series or continuing protected series.
             o A person becomes an associated member of a protected series established by the
                 surviving company due to the merger.


46
   “Non-surviving company” means a merging company that does not continue in existence after a merger.
47
   “Relocated protected series” means a protected series of a non-surviving company which, after a merger, continues in
uninterrupted existence as a protected series of the surviving company.
48
   “Continuing protected series” means a protected series of a surviving series LLC which continues in uninterrupted
existence after a merger.
49
   Under s. 605.1025, F.S., after a plan of merger is approved, articles of merger must be signed by each merging entity and
delivered to the DOS for filing. The articles must also contain specified information, including the merger’s effective date
and the name, jurisdiction of formation, and type of entity of each merging entity that is not the surviving entity and of each
entity that is the surviving entity.
BILL: SB 1346                                                                                         Page 17

                o Any change in a person’s rights or obligations in the person’s capacity as an associated
                    member or a protected series or continuing protected series takes effect.
                o Any consideration to be paid to a person that before the merger was an associated
                    member or a protected-series transferee of a relocated protected series or continuing
                    protected series is due.
               Any person that is an associated member of a relocated protected series becomes a member
                of the surviving company, if not already a member.

           Section 38 creates s. 605.2608, F.S., to specify how creditors’ rights existing under s. 605.2404,
           F.S., immediately before a merger may be enforced.

           Protected Series Dissolution and Reinstatement

           The bill establishes the methods by which a protected series may be voluntarily or is
           automatically dissolved under the LLC Act.

           Events Causing Protected Series Dissolution
           Section 28 creates s. 605.2501, F.S., to provide that a protected series is dissolved, and its
           activities and affairs must be wound up, upon the occurrence of specified events, including:
            Dissolution of the series LLC;
            Occurrence of an event which the operating agreement states causes dissolution;
            Affirmative vote or consent of all members of the protected series;
            Entry of a court order dissolving the protected series under specified circumstances;
            Automatic or involuntary dissolution of the series LLC that established the protected series;
               and
            The filing of a statement of administrative dissolution50 by the DOS.

           Winding Up Dissolved Protected Series
           Section 29 creates s. 605.2502, F.S., to provide the manner in which a dissolved protected series
           must wind up its activities and affairs, including by filing with the DOS articles of protected
           series dissolution and a statement of designation cancellation, and the extent to which judicial
           supervision or another judicial remedy is available in such a winding up. Further, the bill
           specifies that a series LLC does not complete its winding up until each of its protected series has
           completed its winding up.

           Effect of Reinstatement or Voluntary Dismissal Revocation
           Section 30 creates s. 605.2503, F.S., to provide that, if a series LLC that has been
           administratively dissolved is reinstated, or a series LLC that voluntarily dissolved revokes its
           articles of dissolution, before filing a statement of termination:
                Each protected series of the series LLC ceases winding up; and
                The provisions of s. 605.0708, F.S., relating to revocation of articles of dissolution, apply
                   to the series LLC and to each protected series as specified in law.


50   Administrative dissolution is governed by s. 605.0714, F.S.
BILL: SB 1346                                                                                   Page 18

      Electronic Signatures

      Section 43 creates s. 605.2801, F.S., to provide that s. 605.1102, F.S., relating to the
      applicability of the Electronic Signatures in Global and National Commerce Act, applies to the
      Uniform Protected Series Provisions.

      Other Provisions

      Section 2 amends s. 605.0103, F.S., to specify that a person knows a fact if they are deemed to
      know the fact under paragraph (4)(a), changing the reference from the current (4)(b).

      Section 4 amends s. 605.0211, F.S., to make clarifying changes to provisions related to
      certificates of status.

      Effective Date

      Section 44 creates s. 605.2802, F.S., to provide that:
       Beginning July 1, 2025, Chapter 605, F.S., governs all domestic and foreign series LLCs, all
         domestic protected series, and all foreign series that do business in Florida.
       A domestic LLC formed before January 1, 2025, may not create or designate any protected
         series before the bill’s effective date.

      Section 45 provides an effective date of January 1, 2025.

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.
 BILL: SB 1346                                                                                                                        Page 19

  V.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 Indeterminate. New or additional business entities may organize and do business in the
                 state.

        C.       Government Sector Impact:

                 Indeterminate. New or additional entities registering with the Department of State may
                 marginally increase their workload.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends the following sections of the Florida Statutes: 48.062, 605.0103,
        605.0117, and 605.0211.

        This bill creates the following sections of the Florida Statutes: 605.2101, 605.2102, 605.2103,
        605.2104, 605.2105, 605.2106, 605.2107, 605.2108, 605.2201, 605.2202, 605.2203, 605.2204,
        605.2205, 605.2206, 605.2301, 605.2302, 605.2303, 605.2304, 605.2305, 605.2401, 605.2402,
        605.2403, 605.2404, 605.2501, 605.2502, 605.2503, 605.2601, 605.2602, 605.2603, 605.2604,
        605.2605, 605.2606, 605.2607, 605.2608, 605.2701, 605.2702, 605.2703, 605.2704, 605.2801,
        and 605.2802

 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 1346          Florida Senate - 2024                                        SB 1346



       By Senator Berman




       26-00011D-24                                              20241346__          26-00011D-24                                              20241346__
1                              A bill to be entitled                          30          agreements; creating s. 605.2108, F.S.; providing
2           An act relating to limited liability companies;                   31          applicability; creating s. 605.2201, F.S.; authorizing
3           amending s. 48.062, F.S.; defining the terms                      32          domestic limited liability companies to establish
4           “registered foreign protected series of a foreign                 33          protected series; specifying requirements for
5           series limited liability company” and “registered                 34          establishing protected series and amending protected
6           foreign series limited liability company”; specifying             35          series designations; creating s. 605.2202, F.S.;
7           that certain limited liability companies are                      36          specifying requirements for naming a protected series;
8           considered a nonresident under certain circumstances;             37          creating s. 605.2203, F.S.; providing specifications
9           providing for service of a summons and complaint on               38          and requirements for the registered agent for a
10          such companies and series; specifying that such                   39          protected series; specifying requirements relating to
11          service serves as notice to such companies and series;            40          protected series designations; specifying that a
12          amending s. 605.0103, F.S.; correcting a cross-                   41          registered agent is not required to distinguish
13          reference; amending s. 605.0117, F.S.; conforming a               42          between certain processes, notices, demands, and
14          provision to changes made by the act; amending s.                 43          records unless otherwise agreed upon; creating s.
15          605.0211, F.S.; revising requirements for certificates            44          605.2204, F.S.; authorizing service on, and provision
16          of status; creating s. 605.2101, F.S.; providing a                45          of notice and demand to, certain limited liability
17          short title; creating s. 605.2102, F.S.; defining                 46          companies and protected series in a specified manner;
18          terms; creating s. 605.2103, F.S.; providing that a               47          providing that certain notice is effective regardless
19          protected series of a series limited liability company            48          of whether any notice or demand identify a person if
20          is a person distinct from certain other entities;                 49          certain requirements are met; providing authorizations
21          creating s. 605.2104, F.S.; providing for powers and              50          relating to certain services and notices; providing
22          prohibitions for protected series of series limited               51          construction; creating s. 605.2205, F.S.; requiring
23          liability companies; creating s. 605.2105, F.S.;                  52          the Department of State to issue a certificate of
24          providing construction; creating s. 605.2106, F.S.;               53          status under certain circumstances; specifying
25          providing construction regarding protected series                 54          requirements for certificates of status; providing
26          operating agreements; providing applicability with                55          that a certificate of status may be relied upon as
27          regard to certain restrictions on limited liability               56          conclusive evidence of the facts stated in the
28          companies; creating s. 605.2107, F.S.; providing                  57          certificate; creating s. 605.2206, F.S.; requiring
29          prohibitions and authorizations relating to operating             58          series limited liability companies and registered

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       26-00011D-24                                              20241346__           26-00011D-24                                              20241346__
59          foreign series limited liability companies to include             88           series manager; providing applicability; specifying
60          specified information in a required annual report;                89           that a person does not owe a duty to specified
61          specifying that failure to include such information               90           entities for certain reasons; providing rights of
62          prevents a certificate of status from being issued;               91           associated members; providing applicability;
63          creating s. 605.2301, F.S.; specifying that only                  92           specifying that an associated member of a member-
64          certain assets may be considered associated assets;               93           managed protected series, or a protected-series
65          specifying requirements for an asset to be considered             94           manager of a manager-managed protected series, is an
66          an associated asset; authorizing that certain records             95           agent for the protected series and has a specified
67          and recordkeeping be organized in a specified manner;             96           power; creating s. 605.2305, F.S.; providing rights
68          authorizing series limited liability companies or                 97           for certain persons relating to information concerning
69          protected series of such companies to hold an                     98           protected series; providing applicability; creating s.
70          associated asset in a specified manner; providing                 99           605.2401, F.S.; providing limitations on liability for
71          exceptions; creating s. 605.2302, F.S.; specifying                100          certain persons; creating s. 605.2402, F.S.;
72          requirements for becoming an associated member of a               101          specifying that certain claims are governed by
73          protected series of a series limited liability                    102          specified provisions; specifying that the failure of
74          company; creating s. 605.2303, F.S.; requiring that               103          limited liability companies or protected series to
75          protected-series transferable interests be owned                  104          observe certain formalities is not a ground to
76          initially by an associated member of the protected                105          disregard a specified limitation; providing
77          series or the series limited liability company;                   106          applicability; creating s. 605.2403, F.S.; specifying
78          providing for ownership when a protected series of a              107          that certain provisions relating to the provision or
79          series limited liability company does not have                    108          restriction of remedies apply to certain judgment
80          associated members upon establishment under certain               109          creditors; creating s. 605.2404, F.S.; defining the
81          circumstances; authorizing series limited liability               110          terms “enforcement date” and “incurrence date”;
82          companies to acquire such interests by transfer;                  111          authorizing that certain judgments be enforced in
83          providing applicability; creating s. 605.2304, F.S.;              112          accordance with specified provisions; authorizing
84          authorizing a protected series to have one or more                113          courts to provide a specified prejudgment remedy;
85          protected-series managers; specifying that if a                   114          providing that a party making a certain assertion has
86          protected series does not have associated members, the            115          the burden of proof in specified proceedings;
87          series limited liability company is the protected-                116          providing applicability; creating s. 605.2501, F.S.;

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        26-00011D-24                                             20241346__            26-00011D-24                                             20241346__
117          providing events causing the dissolution of protected             146          limited liability company; providing applicability;
118          series of series limited liability companies; creating            147          creating s. 605.2702, F.S.; specifying requirements
119          s. 605.2502, F.S.; specifying requirements and                    148          for making a specified determination relating to
120          authorizations relating to dissolved protected series;            149          certain companies transacting business in this state
121          specifying that a series limited liability company has            150          or being subject to the personal jurisdiction of the
122          not completed winding up until each of the protected              151          courts in this state; creating s. 605.2703, F.S.;
123          series of the company has done so; creating s.                    152          providing applicability of laws of this state relating
124          605.2503, F.S.; providing for the effect of                       153          to certificates of authority for foreign series
125          reinstatements of series limited liability companies              154          limited liability companies and foreign protected
126          and revocations of voluntary dissolutions; creating s.            155          series of such companies; requiring an application by
127          605.2601, F.S.; defining terms; creating s. 605.2602,             156          a foreign protected series for a certificate of
128          F.S.; prohibiting protected series from involvement in            157          authority to include certain information and comply
129          certain transactions; creating s. 605.2603, F.S.;                 158          with specified provisions; providing applicability;
130          prohibiting series limited liability companies from               159          creating s. 605.2704, F.S.; requiring foreign series
131          involvement in certain transactions; creating s.                  160          limited liability companies and foreign protected
132          605.2604, F.S.; authorizing series limited liability              161          series of such companies to make specified
133          companies to be a party to a merger under certain                 162          disclosures; tolling such requirements under certain
134          circumstances; creating s. 605.2605, F.S.; requiring              163          circumstances; authorizing certain parties to make a
135          that plans of merger meet certain requirements;                   164          specified request or bring a separate proceeding if
136          creating s. 605.2606, F.S.; requiring articles of                 165          such company or series fails to make the disclosures;
137          merger to meet certain requirements; creating s.                  166          creating s. 605.2801, F.S.; providing applicability of
138          605.2607, F.S.; providing for effects of mergers of               167          provisions relating to electronic signatures; creating
139          protected series; creating s. 605.2608, F.S.;                     168          s. 605.2802, F.S.; providing construction; prohibiting
140          providing the means for enforcement of creditors’                 169          domestic limited liability companies from creating or
141          rights; providing applicability of certain provisions             170          designating any protected series before a specified
142          after a merger; creating s. 605.2701, F.S.; providing             171          date; providing an effective date.
143          that the law of the jurisdiction of a foreign series              172
144          limited liability company’s formation governs certain             173     Be It Enacted by the Legislature of the State of Florida:
145          aspects of the internal affairs of the foreign series             174

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        26-00011D-24                                           20241346__              26-00011D-24                                           20241346__
175          Section 1. Present subsection (7) of section 48.062,              204     liability company is notice to each protected series of the
176     Florida Statutes, is redesignated as subsection (11), a new            205     series limited liability company of service of the summons and
177     subsection (7) and subsections (8), (9), and (10) are added to         206     complaint and the contents of the complaint.
178     that section, and subsections (1) and (6) of that section are          207          (8) Service of a summons and complaint on a protected
179     amended, to read:                                                      208     series of a series limited liability company is notice to the
180          48.062 Service on a domestic limited liability company or         209     series limited liability company and any other protected series
181     registered foreign limited liability company.—                         210     of the series limited liability company of service of the
182          (1) As used in this section, the term:                            211     summons and complaint and the contents of the complaint.
183          (a) “Registered foreign limited liability company” means a        212          (9) Service of a summons and complaint on a registered
184     foreign limited liability company that has an active certificate       213     foreign series limited liability company is notice to each
185     of authority to transact business in this state pursuant to a          214     registered foreign protected series of the registered foreign
186     record filed with the Department of State.                             215     series limited liability company of service of the summons and
187          (b) “Registered foreign protected series of a foreign             216     complaint and the contents of the complaint.
188     series limited liability company” means a protected series of a        217          (10) Service of a summons and complaint on a registered
189     foreign series limited liability company that has an active            218     foreign protected series of a foreign series limited liability
190     certificate of authority to transact business in this state            219     company is notice to the foreign series limited liability
191     pursuant to a record filed with the Department of State.               220     company and to any other registered foreign protected series of
192          (c) “Registered foreign series limited liability company”         221     the foreign series limited liability company of service of the
193     means a foreign series limited liability company that has an           222     summons and complaint and the contents of the complaint.
194     active certificate of authority to transact business in this           223          (11) This section does not apply to service of process on
195     state pursuant to a record filed with the Department of State.         224     insurance companies.
196          (6) A foreign limited liability company, foreign series           225          Section 2. Subsection (1) of section 605.0103, Florida
197     limited liability company, or foreign protected series of a            226     Statutes, is amended to read:
198     foreign series limited liability company engaging in business in       227          605.0103 Knowledge; notice.—
199     this state which is not registered is considered, for purposes         228          (1) A person knows a fact if the person:
200     of service of process, a nonresident engaging in business in           229          (a) Has actual knowledge of the fact; or
201     this state and may be served pursuant to s. 48.181 or by order         230          (b) Is deemed to know the fact under paragraph (4)(a)
202     of the court under s. 48.102.                                          231     (4)(b), or a law other than this chapter.
203          (7) Service of a summons and complaint on a series limited        232          Section 3. Subsection (3) of section 605.0117, Florida

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        26-00011D-24                                              20241346__           26-00011D-24                                              20241346__
233     Statutes, is amended to read:                                          262     show that the department has filed a certificate of authority
234          605.0117 Serving process, giving notice, or making a              263     for that company. A certificate of status for a foreign limited
235     demand.—                                                               264     liability company must state the following:
236          (3) A registered series of a foreign series limited               265          (a) The foreign limited liability company’s name and any
237     liability company may be served in the same manner as a                266     current alternate name adopted under s. 605.0906(1) for use in
238     registered limited liability company.                                  267     this state.
239          Section 4. Paragraphs (c) through (f) of subsection (1) and       268          (b) That the foreign limited liability company is
240     subsection (2) of section 605.0211, Florida Statutes, are              269     authorized to transact business in this state.
241     amended to read:                                                       270          (c) Whether all fees and penalties due to the department
242          605.0211 Certificate of status.—                                  271     under this chapter or other law have been paid.
243          (1) The department, upon request and payment of the               272          (d) Whether If the foreign limited liability company’s most
244     requisite fee, shall issue a certificate of status for a limited       273     recent annual report required under s. 605.0212 has not been
245     liability company if the records filed in the department show          274     filed by the department.
246     that the department has accepted and filed the company’s               275          (e) Whether If the department has:
247     articles of organization. A certificate of status must state the       276          1. Revoked the foreign limited liability company’s
248     following:                                                             277     certificate of authority; or
249          (c) Whether all fees and penalties due to the department          278          2. Filed a notice of withdrawal of certificate of authority
250     under this chapter have been paid.                                     279     of the foreign limited liability company.
251          (d) Whether If the company’s most recent annual report            280          Section 5. Section 605.2101, Florida Statutes, is created
252     required under s. 605.0212 has not been filed by the department.       281     to read:
253          (e) Whether If the department has administratively                282          605.2101 Short title.—Sections 605.2101-605.2802 may be
254     dissolved the company or received a record notifying the               283     cited as the “Uniform Protected Series Provisions.”
255     department that the company has been dissolved by judicial             284          Section 6. Section 605.2102, Florida Statutes, is created
256     action pursuant to s. 605.0705.                                        285     to read:
257          (f) Whether If the department has filed articles of               286          605.2102 Definitions.—As used in ss. 605.2101-605.2802, the
258     dissolution for the company.                                           287     term:
259          (2) The department, upon request and payment of the               288          (1) “Asset” means either of the following:
260     requisite fee, shall furnish a certificate of status for a             289          (a) Property in which a series limited liability company or
261     foreign limited liability company if the filed records filed           290     a protected series has rights; or

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291          (b) Property as to which the series limited liability             320     protected series are managed under the operating agreement and
292     company or protected series has the power to transfer rights.          321     this chapter.
293          (2) “Associated asset” means an asset that meets the              322          (10) “Protected-series transferable interest” means a right
294     requirements of s. 605.2301.                                           323     to receive a distribution from a protected series.
295          (3) “Associated member” means a member that meets the             324          (11) “Protected-series transferee” means a person other
296     requirements of s. 605.2302.                                           325     than the series limited liability company to which all or part
297          (4) “Foreign protected series” means an arrangement, a            326     of a protected-series transferable interest of a protected
298     configuration, or another structure established by a foreign           327     series of a series limited liability company has been
299     limited liability company which has attributes comparable to a         328     transferred. The term includes a person that owns a protected-
300     protected series established under this chapter, regardless of         329     series transferable interest as a result of ceasing to be an
301     whether the law under which the foreign company is organized           330     associated member of a protected series.
302     refers to “series” or “protected series.”                              331          (12) “Registered foreign protected series” means a
303          (5) “Foreign series limited liability company” means a            332     protected series of a foreign series limited liability company
304     foreign limited liability company that has at least one foreign        333     that has an active certificate of authority to transact business
305     series or protected series.                                            334     in this state pursuant to a record filed with the department.
306          (6) “Non-associated asset” means either of the following:         335          (13) “Registered foreign series limited liability company”
307          (a) An asset of a series limited liability company which is       336     means a foreign series limited liability company that has an
308     not an associated asset of the company; or                             337     active certificate of authority to transact business in this
309          (b) An asset of a protected series of a series limited            338     state pursuant to a record filed with the department.
310     liability company which is not an associated asset of the              339          (14) “Series limited liability company,” except in the
311     protected series.                                                      340     phrase “foreign series limited liability company,” means a
312          (7) “Person” has the same meaning as in s. 605.0102 and           341     domestic limited liability company that has at least one
313     includes a protected series and a foreign protected series.            342     protected series.
314          (8) “Protected series,” except in the phrase “foreign             343          Section 7. Section 605.2103, Florida Statutes, is created
315     protected series,” means a protected series established under s.       344     to read:
316     605.2201.                                                              345          605.2103 Nature of protected status.—A protected series of
317          (9) “Protected-series manager” means a person under whose         346     a series limited liability company is a person distinct from all
318     authority the powers of a protected series are exercised and           347     of the following:
319     under whose direction the activities and affairs of the                348          (1) The series limited liability company, subject to ss.

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349     605.2104(3), 605.2501(1), and 605.2502(4).                             378     limited liability company from having or doing.
350          (2) Another protected series of the series limited                379          Section 9. Section 605.2105, Florida Statutes, is created
351     liability company.                                                     380     to read:
352          (3) A member of the series limited liability company,             381          605.2105 Protected series governing law.—The laws of this
353     regardless of whether the member is an associated member of the        382     state govern the following:
354     protected series of the series limited liability company.              383          (1) The internal affairs of a protected series of a series
355          (4) A protected-series transferee of a protected series of        384     limited liability company, including all of the following:
356     the series limited liability company.                                  385          (a) Relations among any associated members of the protected
357          (5) A transferee of a transferable interest of the series         386     series.
358     limited liability company.                                             387          (b) Relations between the protected series and:
359          Section 8. Section 605.2104, Florida Statutes, is created         388          1. Any associated member;
360     to read:                                                               389          2. Any protected-series manager; or
361          605.2104 Powers and duration of protected series.—                390          3. Any protected-series transferee.
362          (1) A protected series of a series limited liability              391          (c) Relations between any associated member and:
363     company has the capacity to sue and be sued in its own name.           392          1. Any protected-series manager; or
364          (2) Except as otherwise provided in subsections (3) and           393          2. Any protected-series transferee.
365     (4), a protected series of a series limited liability company          394          (d) The rights and duties of a protected-series manager.
366     has the same powers and purposes as the series limited liability       395          (e) Governance decisions affecting the activities and
367     company.                                                               396     affairs of the protected series and the conduct of those
368          (3) A protected series of a series limited liability              397     activities and affairs.
369     company ceases to exist not later than when the series limited         398          (f) Procedures and conditions for becoming an associated
370     liability company completes its winding up.                            399     member or a protected-series transferee.
371          (4) A protected series of a series limited liability              400          (2) The relations between a protected series of a series
372     company may not be or do, as applicable, any of the following:         401     limited liability company and each of the following:
373          (a) Be a member of the series limited liability company;          402          (a) The series limited liability company.
374          (b) Establish a protected series; or                              403          (b) Another protected series of the series limited
375          (c) Except as permitted by the laws of this state other           404     liability company.
376     than this chapter, have a purpose or power, or take an action,         405          (c) A member of the series limited liability company which
377     that the laws of this state other than this chapter prohibit a         406     is not an associated member of the protected series of the

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407     series limited liability company.                                      436     protected series or under s. 605.2201(4) or s. 605.2202(3) a
408          (d) A protected-series manager that is not a protected-           437     statement of designation change pertaining to the protected
409     series manager of the protected series.                                438     series;
410          (e) A protected-series transferee that is not a protected-        439          (b) Being or acting as a protected-series manager of the
411     series transferee of the protected series.                             440     protected series;
412          (3) The liability of a person for a debt, an obligation, or       441          (c) Having the protected series be or act as a manager of
413     another liability of a protected series of a series limited            442     the series limited liability company; or
414     liability company if the debt, obligation, or liability is             443          (d) Owning a protected-series transferable interest of the
415     asserted solely by reason of the person being or acting as any         444     protected series.
416     of the following:                                                      445          (5) The liability of a protected series of a series limited
417          (a) An associated member, protected-series transferee, or         446     liability company for a debt, an obligation, or another
418     protected-series manager of the protected series;                      447     liability of the series limited liability company or of another
419          (b) A member of the series limited liability company which        448     protected series of the series limited liability company if the
420     is not an associated member of the protected series;                   449     debt, obligation, or liability is asserted solely by reason of
421          (c) A protected-series manager that is not a protected-           450     any of the following:
422     series manager of the protected series;                                451          (a) The protected series:
423          (d) A protected-series transferee that is not a protected-        452          1. Being a protected series of the series limited liability
424     series transferee of the protected series;                             453     company or having as a protected-series manager the series
425          (e) A manager of the series limited liability company; or         454     limited liability company or another protected series of the
426          (f) A transferee of a transferable interest of the series         455     series limited liability company; or
427     limited liability company.                                             456          2. Being or acting as a protected-series manager of another
428          (4) The liability of a series limited liability company for       457     protected series of the series limited liability company or a
429     a debt, an obligation, or another liability of a protected             458     manager of the series limited liability company; or
430     series of the series limited liability company if the debt,            459          (b) The series limited liability company owning a
431     obligation, or liability is asserted solely in connection with         460     protected-series transferable interest of the protected series.
432     any of the following on the part of the series limited liability       461          Section 10. Section 605.2106, Florida Statutes, is created
433     company:                                                               462     to read:
434          (a) Having delivered to the department for filing under s.        463          605.2106 Relation of a protected series operating agreement
435     605.2201(2) a protected series designation pertaining to the           464     and the protected series provisions of this chapter.—

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465          (1) Except as otherwise provided in this section, and             494          a. A member of the series limited liability company which
466     subject to ss. 605.2107 and 605.2108, the operating agreement of       495     is not an associated member of the protected series;
467     a series limited liability company governs the following:              496          b. A protected-series transferee or protected-series
468          (a) The internal affairs of a protected series, including         497     manager of another protected series; or
469     all of the following:                                                  498          c. A transferee of the series limited liability company.
470          1. Relations among any associated members of the protected        499          (2) If this chapter restricts the power of an operating
471     series.                                                                500     agreement to affect a matter, the restriction applies to a
472          2. Relations between the protected series and:                    501     matter under ss. 605.2101-605.2802 in accordance with s.
473          a. Any associated member of the protected series;                 502     605.0105.
474          b. Any protected-series manager; or                               503          (3) If a law of this state other than this chapter imposes
475          c. Any protected-series transferee.                               504     a prohibition, limitation, requirement, condition, obligation,
476          3. Relations between any associated member and:                   505     liability, or other restriction on a limited liability company;
477          a. Any protected-series manager; or                               506     a member, a manager, or another agent of a limited liability
478          b. Any protected-series transferee.                               507     company; or a transferee of a limited liability company, except
479          4. The rights and duties of a protected-series manager.           508     as otherwise provided in the laws of this state other than this
480          5. Governance decisions affecting the activities and              509     chapter, the restriction applies in accordance with s. 605.2108.
481     affairs of the protected series and the conduct of those               510          (4) Except as otherwise provided in s. 605.2107, if the
482     activities and affairs.                                                511     operating agreement of a series limited liability company does
483          6. Procedures and conditions for becoming an associated           512     not provide for a matter described in subsection (1) in a manner
484     member or a protected-series transferee.                               513     authorized by ss. 605.2101-605.2802, the matter is determined in
485          (b) Relations between a protected series of the series            514     accordance with the following:
486     limited liability company and each of the following:                   515          (a) To the extent that ss. 605.2101-605.2802 address the
487          1. The series limited liability company.                          516     matter, ss. 605.2101-605.2802 govern.
488          2. Another protected series of the series limited liability       517          (b) To the extent that ss. 605.2101-605.2802 do not address
489     company.                                                               518     the matter, this chapter governs the matter in accordance with
490          3. The protected series, any of its protected-series              519     s. 605.2108.
491     managers, any associated member of the protected series, or any        520          Section 11. Section 605.2107, Florida Statutes, is created
492     protected-series transferee of the protected series.                   521     to read:
493          4. A person in the person’s capacity as:                          522          605.2107 Additional limitations on operating agreements.—

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523          (1) An operating agreement may not vary the effect of:            552          (w) Sections 605.2701-605.2704;
524          (a) This section;                                                 553          (x) Sections 605.2801-605.2802, except to vary the person
525          (b) Section 605.2103;                                             554     that has the right to sign and deliver to the department for
526          (c) Section 605.2104(1);                                          555     filing a record under this chapter; or
527          (d) Section 605.2104(2), to provide a protected series a          556          (y) A provision of this chapter pertaining to:
528     power beyond those provided in this chapter to a limited               557          1. A registered office or registered agents; or
529     liability company;                                                     558          2. The department, including provisions relating to records
530          (e) Section 605.2104(3) or (4);                                   559     authorized or required to be delivered to the department for
531          (f) Section 605.2105;                                             560     filing under this chapter.
532          (g) Section 605.2106;                                             561          (2) An operating agreement may not unreasonably restrict
533          (h) Section 605.2108;                                             562     the duties and rights conferred under s. 605.2305 but may impose
534          (i) Section 605.2201, except to vary the manner in which a        563     reasonable restrictions on the availability and use of
535     series limited liability company approves establishing a               564     information obtained under that section and may provide
536     protected series;                                                      565     appropriate remedies, including liquidated damages, for a breach
537          (j) Section 605.2202;                                             566     of any reasonable restriction on use.
538          (k) Section 605.2301;                                             567          Section 12. Section 605.2108, Florida Statutes, is created
539          (l) Section 605.2302;                                             568     to read:
540          (m) Section 605.2303(1) or (2);                                   569          605.2108 Application of this chapter to protected series.—
541          (n) Section 605.2304(3) or (6);                                   570          (1) Except as otherwise provided in subsection (2) and s.
542          (o) Section 605.2401, except to decrease or eliminate a           571     605.2107, the following provisions apply in the application of
543     limitation of liability stated in that section;                        572     ss. 605.2106, 605.2304(3) and (6), 605.2501(4)(a), 605.2502(1),
544          (p) Section 605.2402;                                             573     and 605.2503(2):
545          (q) Section 605.2403;                                             574          (a) A protected series of a series limited liability
546          (r) Section 605.2404;                                             575     company is deemed to be a limited liability company that is
547          (s) Section 605.2501(1), (4), and (5);                            576     formed separately from the series limited liability company and
548          (t) Section 605.2502, except to designate a different             577     is distinct from the series limited liability company and any
549     person to manage winding up;                                           578     other protected series of the series limited liability company;
550          (u) Section 605.2503;                                             579          (b) An associated member of the protected series of a
551          (v) Sections 605.2601-605.2608;                                   580     series limited liability company is deemed to be a member of the

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581     series limited liability company deemed to exist under paragraph       610     605.2101-605.2802, the provisions of this chapter applicable to
582     (a);                                                                   611     limited liability companies in general and their managers,
583            (c) A protected-series transferee of the protected series       612     members, and transferees, including, but not limited to,
584     is deemed to be a transferee of the series limited liability           613     provisions relating to formation, powers, operation, existence,
585     company deemed to exist under paragraph (a);                           614     management, court proceedings, and filings with the department
586            (d) A protected-series transferable interest of the             615     and other state or local government agencies, are applicable to
587     protected series is deemed to be a transferable interest of the        616     each series limited liability company and to each protected
588     series limited liability company deemed to exist under paragraph       617     series established pursuant to s. 605.2201.
589     (a);                                                                   618          Section 13. Section 605.2201, Florida Statutes, is created
590            (e) A protected-series manager is deemed to be a manager of     619     to read:
591     the series limited liability company deemed to exist under             620          605.2201 Establishment of protected series; change of
592     paragraph (a);                                                         621     designation.—
593            (f) An asset of the protected series is deemed to be an         622          (1) With the affirmative vote or consent of all members of
594     asset of the series limited liability company deemed to exist          623     a limited liability company, the company may establish a
595     under paragraph (a), regardless of whether the asset is an             624     protected series.
596     associated asset of the protected series; or                           625          (2) To establish a protected series, a limited liability
597            (g) Any creditor or other obligee of the protected series       626     company shall deliver to the department for filing a protected
598     is deemed to be a creditor or obligee of the series limited            627     series designation, signed by the company, stating the name of
599     liability company deemed to exist under paragraph (a).                 628     the company and the name of the protected series to be
600            (2) Subsection (1) does not apply if its application would      629     established, and any other information the department requires
601     do either of the following:                                            630     for filing.
602            (a) Contravene s. 605.0105; or                                  631          (3) A protected series is established when the protected
603            (b) Authorize or require the department to:                     632     series designation takes effect under s. 605.0207.
604            1. Accept for filing a type of record which this chapter        633          (4) To amend a protected series designation, a series
605     does not authorize or require a person to deliver to the               634     limited liability company shall deliver to the department for
606     department for filing; or                                              635     filing a statement of designation change, signed by the company,
607            2. Make or deliver a record that this chapter does not          636     that sets forth the following:
608     authorize or require the department to make or deliver.                637          (a) The name of the series limited liability company and
609            (3) Except to the extent otherwise specified in ss.             638     the name of the protected series to which the change to the

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639     protected series designation applies;                                  668          (1) The registered agent in this state for a series limited
640          (b) Each change to the protected series designation; and          669     liability company is the registered agent in this state for each
641          (c) A statement that each designation change was approved         670     protected series of that company.
642     by the affirmative vote or consent of the members of the series        671          (2) Before delivering a protected series designation to the
643     limited liability company required to make each change to the          672     department for filing, a series limited liability company must
644     protected series designation.                                          673     agree with a registered agent specifying that the agent will
645          (5) Each designation change made pursuant to subsection (4)       674     serve as the registered agent in this state for that company and
646     takes effect when the statement of designation change takes            675     for each protected series of that company.
647     effect under s. 605.0207.                                              676          (3) A person that signs a protected series designation
648          Section 14. Section 605.2202, Florida Statutes, is created        677     delivered to the department for filing affirms as a fact that
649     to read:                                                               678     the series limited liability company on whose behalf the
650          605.2202 Protected series name.—                                  679     designation is delivered has complied with subsection (2).
651          (1) Except as otherwise provided in subsection (2), the           680          (4) A person that ceases to be the registered agent for a
652     name of a protected series must comply with s. 605.0112.               681     series limited liability company ceases to be the registered
653          (2) The name of a protected series of a series limited            682     agent for each protected series of that company.
654     liability company must:                                                683          (5) A person that ceases to be the registered agent for a
655          (a) Begin with the name of the series limited liability           684     protected series of a series limited liability company, other
656     company, including any word or abbreviation required by s.             685     than as a result of the termination of the protected series,
657     605.0112; and                                                          686     ceases to be the registered agent of that company and any other
658          (b) Contain the phrase “protected series” or the                  687     protected series of that company.
659     abbreviation “P.S.” or “PS.”                                           688          (6) Except as otherwise agreed upon by a series limited
660          (3) If a series limited liability company changes its name,       689     liability company and its registered agent, the registered agent
661     the company must deliver to the department for filing a                690     is not obligated to distinguish between a process, notice,
662     statement of designation change for each of the company’s              691     demand, or other record concerning the company and a process,
663     protected series, changing the name of each protected series to        692     notice, demand, or other record concerning a protected series of
664     comply with this section.                                              693     the company.
665          Section 15. Section 605.2203, Florida Statutes, is created        694          Section 16. Section 605.2204, Florida Statutes, is created
666     to read:                                                               695     to read:
667          605.2203 Registered agent.—                                       696          605.2204 Series limited liability company; service of

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697     process; giving notice or making demand.—                              726     office in this state of the registered foreign series limited
698          (1) Process against a series limited liability company, a         727     liability company.
699     protected series of a series limited liability company, a              728          (4) This section does not affect the right to serve process
700     registered foreign series limited liability company, or a              729     on, give notice to, or make a demand on a series limited
701     registered foreign protected series of a registered foreign            730     liability company or any protected series of a series limited
702     series limited liability company, respectively, may be served in       731     liability company, or to or on any foreign series limited
703     the same manner as service is made on each such entity under s.        732     liability company or any protected series of the foreign series
704     48.062 and chapter 48 or chapter 49.                                   733     limited liability company, in any other manner provided by law.
705          (2) Any notice or demand on a series limited liability            734          Section 17. Section 605.2205, Florida Statutes, is created
706     company or a protected series of a series limited liability            735     to read:
707     company under this chapter may be given or made to any member of       736          605.2205 Certificate of status for domestic or foreign
708     a member-managed series limited liability company or to any            737     protected series.—
709     manager of a manager-managed series limited liability company;         738          (1) The department, upon request, payment of the requisite
710     to the registered agent of a series limited liability company at       739     fee, and compliance with any other filing requirements of the
711     the registered office of the series limited liability company in       740     department, shall issue a certificate of status for a protected
712     this state; or to any other address in this state which is the         741     series of a series limited liability company if the records
713     principal office in this state of the series limited liability         742     filed in the department show that the department has accepted
714     company.                                                               743     and filed articles of organization for the series limited
715          (3) Any notice or demand on a registered foreign series           744     liability company and a protected series designation for the
716     limited liability company or a registered foreign protected            745     protected series. A certificate of status for a protected series
717     series of a registered foreign series limited liability company        746     of a series limited liability company must state all of the
718     under this chapter may be given or made to any member of a             747     following:
719     member-managed foreign series limited liability company or to          748          (a) The series limited liability company’s name.
720     any manager of a manager-managed foreign series limited                749          (b) The name of the protected series.
721     liability company; to the registered agent of the registered           750          (c) That the series limited liability company was organized
722     foreign series limited liability company at the registered             751     under the laws of this state and the date of organization.
723     office of the registered foreign series limited liability              752          (d) That the protected series was designated under the laws
724     company in this state; or to the principal office address, or          753     of this state and the date of designation.
725     any other address in this state which is, in fact, the principal       754          (e) Whether all fees and penalties due to the department

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755     under this chapter or other law by the series limited liability        784     fee, and compliance with any other filing requirements of the
756     company and the protected series have been paid.                       785     department, shall issue a certificate of status for a foreign
757          (f) Whether the series limited liability company’s most           786     protected series of a foreign series limited liability company
758     recent annual report required by s. 605.0212 has been filed by         787     if the records filed in the department show that the department
759     the department.                                                        788     has filed a certificate of authority for the foreign series
760          (g) Whether the series limited liability company’s most           789     limited liability company and a certificate of authority for the
761     recent annual report includes the name of the protected series,        790     foreign protected series. A certificate of status for a
762     unless:                                                                791     registered foreign protected series of a registered foreign
763          1. When the series limited liability company delivered the        792     series limited liability company must state all of the
764     annual report for filing, the protected series designation             793     following:
765     pertaining to the protected series had not yet taken effect; or        794          (a) The foreign series limited liability company’s name and
766          2. After the series limited liability company delivered the       795     any current alternative name adopted under s. 605.0906(1) for
767     annual report for filing, the company delivered to the                 796     use in this state.
768     department for filing a statement of designation change, which         797          (b) The name of the foreign protected series and any
769     changes the name of the protected series.                              798     current alternative name adopted under s. 605.0906(1) for use in
770          (h) Whether the department has administratively dissolved         799     this state.
771     the series limited liability company or received a record              800          (c) That the foreign series limited liability company is
772     notifying the department that the company has been dissolved by        801     authorized to transact business in this state.
773     judicial action pursuant to s. 605.0705.                               802          (d) That the foreign protected series is authorized to
774          (i) Whether the department has administratively dissolved         803     transact business in this state.
775     the protected series or received a record notifying the                804          (e) Whether all fees and penalties due to the department
776     department that the protected series has been dissolved by             805     under this chapter or other law by the foreign series limited
777     judicial action pursuant to s. 605.2501(4) or (5).                     806     liability company and the foreign protected series have been
778          (j) Whether the department has filed articles of                  807     paid.
779     dissolution for the series limited liability company.                  808          (f) Whether the foreign series limited liability company’s
780          (k) Whether the department has filed a statement of               809     most recent annual report required by s. 605.0212 has been filed
781     dissolution, termination, or relocation for the protected              810     by the department.
782     series.                                                                811          (g) Whether the foreign series limited liability company’s
783          (2) The department, upon request, payment of the requisite        812     most recent annual report includes the name of the foreign

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813     protected series, unless:                                              842          (1) In the annual report required by s. 605.0212, a series
814          1. When the foreign series limited liability company              843     limited liability company shall include the name of each
815     delivered the annual report for filing, the foreign protected          844     protected series of the company:
816     series designation pertaining to the foreign protected series          845          (a) For which the series limited liability company has
817     had not yet taken effect; or                                           846     previously delivered to the department for filing a protected
818          2. After the foreign series limited liability company             847     series designation; and
819     delivered the annual report for filing, the foreign series             848          (b) Which has not dissolved and completed winding up.
820     limited liability company delivered to the department for filing       849          (2) The failure of a series limited liability company to
821     a statement of designation change which changes the name of the        850     comply with subsection (1) with regard to a protected series
822     foreign protected series.                                              851     prevents issuance of a certificate of status pertaining to the
823          (h) Whether the department has:                                   852     protected series, but does not otherwise affect the protected
824          1. Revoked the foreign series limited liability company’s         853     series.
825     certificate of authority or revoked the foreign protected series       854          (3) In the annual report required by s. 605.0212, a
826     certificate of authority; or                                           855     registered foreign series limited liability company shall
827          2. Filed a notice of withdrawal of the certificate of             856     include the name of each registered foreign protected series of
828     authority for the foreign series limited liability company or          857     the registered foreign series limited liability company:
829     for the foreign protected series.                                      858          (a) For which the registered foreign series limited
830          (3) Subject to any qualification stated by the department         859     liability company has previously delivered to the department for
831     in a certificate of status, a certificate of status issued by          860     filing an application for a certificate of authority to transact
832     the department may be relied upon as conclusive evidence of the        861     business in this state, which has been accepted by the
833     facts stated in the certificate of status as to the active             862     department; and
834     status of the domestic or foreign series limited liability             863          (b) Which has not withdrawn its certificate of authority to
835     company and any protected series of the domestic or foreign            864     transact business in this state.
836     limited liability company authorized to transact business in           865          (4) The failure of a registered foreign series limited
837     this state.                                                            866     liability company to comply with subsection (3) with regard to a
838          Section 18. Section 605.2206, Florida Statutes, is created        867     registered foreign protected series prevents issuance of a
839     to read:                                                               868     certificate of status pertaining to the registered foreign
840          605.2206 Information required in annual report; failure to        869     protected series.
841     comply.—                                                               870          Section 19. Section 605.2301, Florida Statutes, is created

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871     to read:                                                               900     a person who gives value without knowledge of the lack of
872          605.2301 Associated asset.—                                       901     authority of the person signing and delivering a deed or other
873          (1) Only an asset of a protected series may be an                 902     instrument and is recorded in the office for recording transfers
874     associated asset of the protected series. Only an asset of a           903     or other matters affecting real property, is conclusive of the
875     series limited liability company may be an associated asset of         904     authority of the person signing and constitutes a record that
876     the company.                                                           905     such interest in real property is an associated asset or
877          (2)(a) An asset of a protected series of a series limited         906     liability, as applicable, of the protected series.
878     liability company is an associated asset of the protected series       907          (3)(a) An asset of a series limited liability company is an
879     only if the protected series creates and maintains records that        908     associated asset of the company only if the company creates and
880     state the name of the protected series and describe the asset          909     maintains records that state the name of the company and
881     with sufficient specificity to permit a disinterested,                 910     describe the asset with sufficient specificity to permit a
882     reasonable individual to:                                              911     disinterested, reasonable individual to:
883          1. Identify the asset and distinguish it from any other           912          1. Identify the asset and distinguish it from any other
884     asset of the protected series, any asset of the series limited         913     asset of the series limited liability company and any asset of
885     liability company, and any asset of any other protected series         914     any protected series of the company;
886     of the company;                                                        915          2. Determine when and from which person the series limited
887          2. Determine when and from which person the protected             916     liability company acquired the asset or how the asset otherwise
888     series acquired the asset or how the asset otherwise became an         917     became an asset of the company; and
889     asset of the protected series; and                                     918          3. If the series limited liability company acquired the
890          3. If the protected series acquired the asset from the            919     asset from a protected series of the company, determine any
891     series limited liability company or another protected series of        920     consideration paid, the payor, and the payee.
892     the company, determine any consideration paid, the payor, and          921          (b) A deed or other instrument granting an interest in real
893     the payee.                                                             922     property to or from a series limited liability company, or any
894          (b) A deed or other instrument granting an interest in real       923     other instrument otherwise affecting an interest in real
895     property to or from one or more protected series of a series           924     property held by a series limited liability company, in each
896     limited liability company, or any other instrument otherwise           925     case to the extent such deed or other instrument is in favor of
897     affecting an interest in real property held by one or more             926     a person who gives value without knowledge of the lack of
898     protected series of a series limited liability company, in each        927     authority of the person signing and delivering a deed or other
899     case to the extent such deed or other instrument is in favor of        928     instrument and is recorded in the office for recording transfers

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929     or other matters affecting real property, is conclusive of the         958     operating agreement or a procedure established by the operating
930     authority of the person signing and constitutes a record that          959     agreement states all of the following:
931     such interest in real property is an associated asset or               960          (a) That the member is an associated member of the
932     liability, as applicable, of the series limited liability              961     protected series.
933     company.                                                               962          (b) The date on which the member became an associated
934          (4) The records and recordkeeping required by subsections         963     member of the protected series.
935     (2) and (3) may be organized by specific listing, category,            964          (c) Any protected-series transferable interest the
936     type, quantity, or computational or allocative formula or              965     associated member has in connection with becoming or being an
937     procedure, including a percentage or share of any asset, or in         966     associated member of the protected series.
938     any other reasonable manner.                                           967          (3) If a person that is an associated member of a protected
939          (5) To the extent authorized by this chapter and the laws         968     series of a series limited liability company is dissociated from
940     of this state other than this chapter, a series limited                969     the company, the person ceases to be an associated member of the
941     liability company or protected series of a series limited              970     protected series.
942     liability company may hold an associated asset directly or             971          Section 21. Section 605.2303, Florida Statutes, is created
943     indirectly, through a representative, nominee, or similar              972     to read:
944     arrangement, except for the following:                                 973          605.2303 Protected-series transferable interest.—
945          (a) A protected series may not hold an associated asset in        974          (1) A protected-series transferable interest of a protected
946     the name of the series limited liability company or another            975     series of a series limited liability company must be owned
947     protected series of the company; and                                   976     initially by an associated member of the protected series or the
948          (b) A series limited liability company may not hold an            977     series limited liability company.
949     associated asset in the name of a protected series of the              978          (2) If a protected series of a series limited liability
950     company.                                                               979     company has no associated members when established, the company
951          Section 20. Section 605.2302, Florida Statutes, is created        980     owns the protected-series transferable interests in the
952     to read:                                                               981     protected series.
953          605.2302 Associated member.—                                      982          (3) In addition to acquiring a protected-series
954          (1) Only a member of a series limited liability company may       983     transferable series interest under subsection (2), a series
955     be an associated member of a protected series of the company.          984     limited liability company may acquire a protected-series
956          (2) A member of a series limited liability company becomes        985     transferable interest through a transfer from another person or
957     an associated member of a protected series of the company if the       986     as provided in the operating agreement.

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987           (4) Except for s. 605.2108(1)(c), any provision of this           1016          (b) Another protected series of the series limited
988      chapter which applies to a protected-series transferee of a            1017     liability company.
989      protected series of a series limited liability company applies         1018          (c) Another person in that person’s capacity as:
990      to the company in its capacity as an owner of a protected-series       1019          1. A member of the series limited liability company which
991      transferable interest of the protected series. Any provision of        1020     is not an associated member of the protected series;
992      the operating agreement of a series limited liability company          1021          2. A protected-series transferee or protected-series
993      which applies to a protected-series transferee of a protected          1022     manager of another protected series; or
994      series of the company applies to the company in its capacity as        1023          3. A transferee of the series limited liability company.
995      an owner of a protected-series transferable interest of the            1024          (5) An associated member of a protected series of a series
996      protected series.                                                      1025     limited liability company has the same rights as any other
997           Section 22. Section 605.2304, Florida Statutes, is created        1026     member of the company to vote on or consent to an amendment to
998      to read:                                                               1027     the company’s operating agreement or any other matter being
999           605.2304 Management.—                                             1028     decided by the members, regardless of whether the amendment or
1000          (1) A protected series may have one or more protected-            1029     matter affects the interests of the protected series or the
1001     series managers.                                                       1030     associated member.
1002          (2) If a protected series has no associated members, the          1031          (6) The right of a member to maintain a derivative action
1003     series limited liability company is the protected-series               1032     to enforce a right of a limited liability company pursuant to s.
1004     manager.                                                               1033     605.0802 applies to each of the following:
1005          (3) Section 605.2108 applies to the determination of any          1034          (a) An associated member of a protected series, in
1006     duties of a protected-series manager of a protected series to          1035     accordance with s. 605.2108.
1007     each of the following:                                                 1036          (b) A member of a series limited liability company, in
1008          (a) The protected series.                                         1037     accordance with s. 605.2108.
1009          (b) Any associated member of the protected series.                1038          (7) An associated member of a member-managed protected
1010          (c) Any protected-series transferee of the protected              1039     series is an agent for the protected series with power to bind
1011     series.                                                                1040     the protected series to the same extent that a member of a
1012          (4) Solely by reason of being or acting as a protected-           1041     member-managed limited liability company is an agent for the
1013     series manager of a protected series, a person owes no duty to         1042     company with power to bind the company under s. 605.04074(1)(a).
1014     any of the following:                                                  1043     A protected-series manager of a manager-managed protected series
1015          (a) The series limited liability company.                         1044     is an agent for the protected series with power to bind the

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1045     protected series to the same extent that a manager of a manager-       1074     right to information concerning the protected series to the same
1046     managed limited liability company is an agent for the company          1075     extent, in the same manner, and under the same conditions that a
1047     with power to bind the company under s. 605.04074(2)(b).               1076     manager of a manager-managed limited liability company has a
1048          Section 23. Section 605.2305, Florida Statutes, is created        1077     right to information concerning the company under s.
1049     to read:                                                               1078     605.0410(3)(a).
1050          605.2305 Right of a person that is not an associated member       1079          (5) The court-ordered inspection provisions of s. 605.0411
1051     of a protected series to information of a protected series.—           1080     apply to the information rights regarding series limited
1052          (1) A member of a series limited liability company which is       1081     liability companies and protected series of such companies.
1053     not an associated member of a protected series of the company          1082          Section 24. Section 605.2401, Florida Statutes, is created
1054     has a right to information concerning the protected series to          1083     to read:
1055     the same extent, in the same manner, and under the same                1084          605.2401 Limitations on liability.—
1056     conditions that a member that is not a manager of a manager-           1085          (1) A person is not liable, directly or indirectly, by way
1057     managed limited liability company has a right to information of        1086     of contribution or otherwise, for a debt, an obligation, or
1058     the company under s. 605.0410(1) and (3)(b).                           1087     another liability of either of the following:
1059          (2) A person that was formerly an associated member of a          1088          (a) A protected series of a series limited liability
1060     protected series has a right to information concerning the             1089     company solely by reason of being or acting as:
1061     protected series to the same extent, in the same manner, and           1090          1. An associated member, protected-series manager, or
1062     under the same conditions that a person dissociated as a member        1091     protected-series transferee of the protected series; or
1063     of a manager-managed limited liability company has a right to          1092          2. A member, manager, or transferee of the company; or
1064     information concerning the limited liability company under s.          1093          (b) A series limited liability company solely by reason of
1065     605.0410(4) or other applicable law.                                   1094     being or acting as an associated member, protected-series
1066          (3) If an associated member of a protected series dies, the       1095     manager, or protected-series transferee of a protected series of
1067     legal representative of the deceased associated member has a           1096     the company.
1068     right to information concerning the protected series to the same       1097          (2) Subject to s. 605.2404, the following apply:
1069     extent, in the same manner, and under the same conditions that         1098          (a) A debt, an obligation, or another liability of a series
1070     the legal representative of a deceased member of a limited             1099     limited liability company is solely the debt, obligation, or
1071     liability company has a right to information concerning the            1100     liability of the company.
1072     company under ss. 605.0410(9) and 605.0504.                            1101          (b) A debt, an obligation, or another liability of a
1073          (4) A protected-series manager of a protected series has a        1102     protected series is solely the debt, obligation, or liability of

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1103     the protected series.                                                  1132     liability.—
1104          (c) A series limited liability company is not liable,             1133          (1) Except as otherwise provided in subsection (2), a claim
1105     directly or indirectly, by way of contribution or otherwise, for       1134     seeking to disregard a limitation in s. 605.2401 is governed by
1106     a debt, an obligation, or another liability of a protected             1135     the principles of law and equity, including a principle
1107     series of the company solely by reason of the protected series         1136     providing a right to a creditor or holding a person liable for a
1108     being a protected series of the company, or the series limited         1137     debt, an obligation, or another liability of another person,
1109     liability company:                                                     1138     which would apply if each protected series of a series limited
1110          1. Being or acting as a protected-series manager of the           1139     liability company were a limited liability company formed
1111     protected series;                                                      1140     separately from the series limited liability company and
1112          2. Having the protected series manage the series limited          1141     distinct from the series limited liability company and any other
1113     liability company; or                                                  1142     protected series of the series limited liability company.
1114          3. Owning a protected-series transferable interest of the         1143          (2) The failure of a limited liability company or a
1115     protected series.                                                      1144     protected series to observe formalities relating to the exercise
1116          (d) A protected series of a series limited liability              1145     of its powers or management of its activities and affairs is not
1117     company is not liable, directly or indirectly, by way of               1146     a ground to disregard a limitation in s. 605.2401(1) but may be
1118     contribution or otherwise, for a debt, an obligation, or another       1147     a ground to disregard a limitation in s. 605.2401(2).
1119     liability of the company or another protected series of the            1148          (3) This section applies to a claim seeking to disregard a
1120     company solely by reason of:                                           1149     limitation of liability applicable to a foreign series limited
1121          1. Being a protected series of the series limited liability       1150     liability company or foreign protected series and comparable to
1122     company;                                                               1151     a limitation stated in s. 605.2401, if either of the following
1123          2. Being or acting as a manager of the series limited             1152     applies:
1124     liability company or a protected-series manager of another             1153          (a) The claimant is a resident of this state, transacting
1125     protected series of the company; or                                    1154     business in this state, or authorized to transact business in
1126          3. Having the series limited liability company or another         1155     this state; or
1127     protected series of the company be or act as a protected-series        1156          (b) The claim is to establish or enforce a liability
1128     manager of the protected series.                                       1157     arising under law of this state other than this chapter or from
1129          Section 25. Section 605.2402, Florida Statutes, is created        1158     an act or omission in this state.
1130     to read:                                                               1159          Section 26. Section 605.2403, Florida Statutes, is created
1131          605.2402 Claim seeking to disregard limitation of                 1160     to read:

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         26-00011D-24                                           20241346__               26-00011D-24                                              20241346__
1161          605.2403 Remedies of judgment creditor of associated member       1190     following:
1162     or protected-series transferee.—The provisions of s. 605.0503          1191          (a) A judgment against the series limited liability company
1163     providing or restricting remedies available to a judgment              1192     may be enforced against an asset of a protected series of the
1164     creditor of a member or transferee of a limited liability              1193     company if the asset:
1165     company apply to a judgment creditor of either or both of the          1194          1. Was a non-associated asset of the protected series on
1166     following:                                                             1195     the incurrence date; or
1167          (1) An associated member or a protected-series transferee         1196          2. Is a non-associated asset of the protected series on the
1168     of a protected series.                                                 1197     enforcement date.
1169          (2) A series limited liability company, to the extent the         1198          (b) A judgment against a protected series may be enforced
1170     company owns a protected-series transferable interest of a             1199     against an asset of the series limited liability company if the
1171     protected series.                                                      1200     asset:
1172          Section 27. Section 605.2404, Florida Statutes, is created        1201          1. Was a non-associated asset of the series limited
1173     to read:                                                               1202     liability company on the incurrence date; or
1174          605.2404 Enforcement of claim against non-associated              1203          2. Is a non-associated asset of the series limited
1175     asset.—                                                                1204     liability company on the enforcement date.
1176          (1) For the purposes of this section, the term:                   1205          (c) A judgment against a protected series may be enforced
1177          (a) “Enforcement date” means 12:01 a.m. on the date on            1206     against an asset of another protected series of the series
1178     which a claimant first serves process on a series limited              1207     limited liability company if the asset:
1179     liability company or protected series in an action seeking to          1208          1. Was a non-associated asset of the other protected series
1180     enforce a claim against an asset of the company or protected           1209     on the incurrence date; or
1181     series by attachment, levy, or similar means under this section.       1210          2. Is a non-associated asset of the other protected series
1182          (b) “Incurrence date,” subject to s. 605.2608(2), means the       1211     on the enforcement date.
1183     date on which a series limited liability company or protected          1212          (3) In addition to any other remedy provided by law or
1184     series of the company incurred the liability giving rise to a          1213     equity, if a claim against a series limited liability company or
1185     claim that a claimant seeks to enforce under this section.             1214     a protected series has not been reduced to a judgment, and law
1186          (2) If a claim against a series limited liability company         1215     other than this chapter permits a prejudgment remedy by
1187     or a protected series of the company has been reduced to               1216     attachment, levy, or similar means, the court may apply
1188     judgment, in addition to any other remedy provided by law or           1217     subsection (2) as a prejudgment remedy.
1189     equity, the judgment may be enforced in accordance with the            1218          (4) In a proceeding under this section, the party asserting

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         26-00011D-24                                              20241346__            26-00011D-24                                              20241346__
1219     that an asset is or was an associated asset of a series limited        1248     of the protected series.
1220     liability company or a protected series of the series limited          1249          (4) Entry by the court of an order dissolving the protected
1221     liability company has the burden of proof on the issue.                1250     series on application by an associated member or a protected-
1222          (5) This section applies to an asset of a foreign series          1251     series manager of the protected series:
1223     limited liability company or foreign protected series if all of        1252          (a) In accordance with s. 605.2108; and
1224     the following apply:                                                   1253          (b) To the same extent, in the same manner, and on the same
1225          (a) The asset is real or tangible property located in this        1254     grounds the court would enter an order dissolving a limited
1226     state.                                                                 1255     liability company on application by a member or manager of the
1227          (b) The claimant is a resident of this state or transacting       1256     limited liability company pursuant to s. 605.0702.
1228     business or authorized to transact business in this state, or          1257          (5) Entry by the court of an order dissolving the protected
1229     the claim under this section is to enforce a judgment, or to           1258     series on application by the series limited liability company or
1230     seek a prejudgment remedy, pertaining to a liability arising           1259     a member or manager of the series limited liability company:
1231     from the law of this state other than this chapter or an act or        1260          (a) In accordance with s. 605.2108; and
1232     omission in this state.                                                1261          (b) To the same extent, in the same manner, and on the same
1233          (c) The asset is not identified in the records of the             1262     grounds the court would enter an order dissolving a limited
1234     foreign series limited liability company or foreign protected          1263     liability company on application by a member or manager of the
1235     series in a manner comparable to the manner required by s.             1264     limited liability company pursuant to s. 605.0702.
1236     605.2301.                                                              1265          (6) Automatic or involuntary dissolution of the series
1237          Section 28. Section 605.2501, Florida Statutes, is created        1266     limited liability company that established the protected series.
1238     to read:                                                               1267          (7) The filing of a statement of administrative dissolution
1239          605.2501 Events causing dissolution of protected series.—A        1268     of the limited liability company or a protected series of the
1240     protected series of a series limited liability company is              1269     company by the department pursuant to s. 605.0714.
1241     dissolved, and its activities and affairs must be wound up, upon       1270          Section 29. Section 605.2502, Florida Statutes, is created
1242     the occurrence of any of the following:                                1271     to read:
1243          (1) Dissolution of the series limited liability company.          1272          605.2502 Winding up dissolved protected series.—
1244          (2) Occurrence of an event or a circumstance that the             1273          (1) Subject to subsections (2) and (3) and in accordance
1245     operating agreement states causes dissolution of the protected         1274     with s. 605.2108, the following apply:
1246     series.                                                                1275          (a) A dissolved protected series shall wind up its
1247          (3) Affirmative vote or consent of all associated members         1276     activities and affairs in the same manner that a dissolved

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1277     limited liability company winds up its activities and affairs          1306          (5) A series limited liability company has not completed
1278     under s. 605.0709, subject to the same requirements and                1307     its winding up until each of the protected series of the company
1279     conditions, and with the same effects.                                 1308     has completed its winding up.
1280          (b) Judicial supervision or another judicial remedy is            1309          Section 30. Section 605.2503, Florida Statutes, is created
1281     available in the winding up of the protected series to the same        1310     to read:
1282     extent, in the same manner, under the same conditions, and with        1311          605.2503 Effects of reinstatement of series limited
1283     the same effects that apply under s. 605.0709(5).                      1312     liability company; revocation of voluntary dissolution.—If a
1284          (2) When a protected series of a series limited liability         1313     series limited liability company that has been administratively
1285     company dissolves, the company may deliver to the department for       1314     dissolved is reinstated, or if a series limited liability
1286     filing its articles of protected series dissolution stating the        1315     company that voluntarily dissolved revokes its articles of
1287     name of the series limited liability company and the protected         1316     dissolution before filing a statement of termination, both of
1288     series and that the protected series is dissolved. The filing of       1317     the following apply:
1289     the articles of dissolution by the department has the same             1318          (1) Each protected series of the series limited liability
1290     effect with regard to the protected series as the filing by a          1319     company ceases winding up.
1291     limited liability company of articles of dissolution with the          1320          (2) Section 605.0708 applies to the series limited
1292     department under s. 605.0707.                                          1321     liability company and to each protected series of the company,
1293          (3) When a protected series of a series limited liability         1322     in accordance with s. 605.2108.
1294     company has completed winding up in accordance with s. 605.0709,       1323          Section 31. Section 605.2601, Florida Statutes, is created
1295     the company that established the protected series may deliver to       1324     to read:
1296     the department for filing a statement of designation                   1325          605.2601 Entity transactions involving a series limited
1297     cancellation, stating all of the following:                            1326     liability company or a protected series of the company
1298          (a) The name of the company and the protected series.             1327     restricted; definitions.—As used in ss. 605.2601-605.2608, the
1299          (b) That the protected series is terminated with the              1328     term:
1300     effective date of the termination if that date is not the date         1329          (1) “After a merger” or “after the merger” means when a
1301     of filing of the statement of designation cancellation.                1330     merger under s. 605.2604 becomes effective and any time
1302          (c) Any other information required by the department.             1331     thereafter.
1303          (4) The filing of the statement of designation cancellation       1332          (2) “Before a merger” or “before the merger” means before a
1304     by the department has the same effect as the filing by the             1333     merger under s. 605.2604 becomes effective.
1305     department of a statement of termination under s. 605.0709(7).         1334          (3) “Continuing protected series” means a protected series

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         26-00011D-24                                           20241346__              26-00011D-24                                           20241346__
1335     of a surviving series limited liability company which continues       1364          (1) A party to, formed, organized, created in, or result
1336     in uninterrupted existence after a merger under s. 605.2604.          1365     from either of the following:
1337          (4) “Merging company” means a limited liability company          1366          (a) A conversion, domestication, or interest exchange,
1338     that is party to a merger under s. 605.2604.                          1367     under this chapter or the law of a foreign jurisdiction, however
1339          (5) “Non-surviving company” means a merging company that         1368     the transaction is denominated under such law; or
1340     does not continue in existence after a merger under s. 605.2604.      1369          (b) A transaction with the same substantive effect as a
1341          (6) “Relocated protected series” means a protected series        1370     conversion, domestication, or interest exchange.
1342     of a non-surviving company which, after a merger under s.             1371          (2) Except as otherwise provided in s. 605.2604, a party to
1343     605.2604, continues in uninterrupted existence as a protected         1372     or the surviving company of either of the following:
1344     series of the surviving company.                                      1373          (a) A merger under this chapter or the law of a foreign
1345          (7) “Surviving company” means a merging company that             1374     jurisdiction, however a merger is denominated under such law; or
1346     continues in existence after a merger under s. 605.2604.              1375          (b) A transaction with the same substantive effect as a
1347          Section 32. Section 605.2602, Florida Statutes, is created       1376     merger.
1348     to read:                                                              1377          Section 34. Section 605.2604, Florida Statutes, is created
1349          605.2602 Restrictions on entity transactions involving           1378     to read:
1350     protected series.—Except as provided in ss. 605.2605(2),              1379          605.2604 Restrictions on merger.—A series limited liability
1351     605.2606(2), and 605.2607(1), a protected series may not be a         1380     company may be a party to a merger in accordance with ss.
1352     party to; be formed, organized, established, or created in; or        1381     605.1021-605.1026, this section, and ss. 605.2605-605.2608 only
1353     result from either of the following:                                  1382     if both of the following apply:
1354          (1) A conversion, domestication, interest exchange, or           1383          (1) Each other party to the merger is a limited liability
1355     merger under this chapter or the law of a foreign jurisdiction,       1384     company.
1356     however the transaction is denominated under such law; or             1385          (2) The surviving company is not created in the merger.
1357          (2) A transaction with the same substantive effect as a          1386          Section 35. Section 605.2605, Florida Statutes, is created
1358     conversion, domestication, interest exchange, or merger.              1387     to read:
1359          Section 33. Section 605.2603, Florida Statutes, is created       1388          605.2605 Plan of merger.—In a merger under s. 605.2604, the
1360     to read:                                                              1389     plan of merger must do all of the following:
1361          605.2603 Restrictions on entity transactions involving           1390          (1) Comply with s. 605.1022 relating to the contents of a
1362     series limited liability company.—A series limited liability          1391     plan of merger of a limited liability company.
1363     company may not be:                                                   1392          (2) State in a record:

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1393           (a) For any protected series of a non-surviving company,          1422     by the surviving company when the protected series is
1394     whether, after the merger, the protected series will be a               1423     established; and
1395     relocated protected series or be dissolved, wound up, and               1424          3. The name of and any protected-series transferable
1396     terminated.                                                             1425     interest owned by any person that will be an associated member
1397           (b) For any protected series of the surviving company which       1426     of the protected series when the protected series is
1398     exists before the merger, whether, after the merger, the                1427     established.
1399     protected series will be a continuing protected series or be            1428          (e) For any person that is an associated member of a
1400     dissolved, wound up, and terminated.                                    1429     relocated protected series and will remain a member after the
1401           (c) For each relocated protected series or continuing             1430     merger, any amendment to the operating agreement of the
1402     protected series:                                                       1431     surviving limited liability company which:
1403           1. The name of any person that becomes an associated member       1432          1. Is or is proposed to be in a record; and
1404     or a protected-series transferee of the protected series after          1433          2. Is necessary or appropriate to state the rights and
1405     the merger, any consideration to be paid by, on behalf of, or in        1434     obligations of the person as a member of the surviving limited
1406     respect of the person, the name of the payor, and the name of           1435     liability company.
1407     the payee;                                                              1436          Section 36. Section 605.2606, Florida Statutes, is created
1408           2. The name of any person whose rights or obligations in          1437     to read:
1409     the person’s capacity as an associated member or a protected-           1438          605.2606 Articles of merger.—In a merger under s. 605.2604,
1410     series transferee will change after the merger;                         1439     the articles of merger must do all of the following:
1411           3. Any consideration 4to be paid to a person that before          1440          (1) Comply with s. 605.1025 relating to the articles of
1412     the merger was an associated member or a protected-series               1441     merger.
1413     transferee of the protected series and the name of the payor;           1442          (2) Include as an attachment all of the following records,
1414     and                                                                     1443     each to become effective when the merger becomes effective:
1415           4. If, after the merger, the protected series will be a           1444          (a) For a protected series of a merging company being
1416     relocated protected series, its new name.                               1445     terminated as a result of the merger, a statement of designation
1417           (d) For any protected series to be established by the             1446     cancellation and termination signed by the non-surviving merging
1418     surviving company as a result of the merger:                            1447     company.
1419           1. The name of the protected series and the address of its        1448          (b) For a protected series of a non-surviving company which
1420     principal office;                                                       1449     after the merger will be a relocated protected series:
1421           2. Any protected-series transferable interest to be owned         1450          1. A statement of relocation signed by the non-surviving

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         26-00011D-24                                              20241346__            26-00011D-24                                           20241346__
1451     company which contains the name of the series limited liability        1480     relocated protected series or continuing protected series.
1452     company and the name of the protected series before and after          1481          (6) Except as otherwise provided by law or the plan of
1453     the merger; and                                                        1482     merger, all the rights, privileges, immunities, powers, and
1454          2. A statement of protected series designation signed by          1483     purposes of a relocated protected series or continuing protected
1455     the surviving company.                                                 1484     series remain in the protected series.
1456          (c) For a protected series being established by the               1485          (7) The new name of a relocated protected series may be
1457     surviving company as a result of the merger, a protected series        1486     substituted for the former name of the relocated protected
1458     designation signed by the surviving company.                           1487     series in any pending action or proceeding.
1459          Section 37. Section 605.2607, Florida Statutes, is created        1488          (8) To the extent provided in the plan of merger, the
1460     to read:                                                               1489     following apply:
1461          605.2607 Effect of merger.—When a merger of a protected           1490          (a) A person becomes an associated member or a protected-
1462     series under s. 605.2604 becomes effective, in addition to the         1491     series transferee of a relocated protected series or continuing
1463     effects stated in s. 605.1026, all of the following apply:             1492     protected series.
1464          (1) As provided in the plan of merger, each protected             1493          (b) A person becomes an associated member of a protected
1465     series of each merging series limited liability company which          1494     series established by the surviving company as a result of the
1466     was established before the merger is either a relocated                1495     merger.
1467     protected series or continuing protected series, or is                 1496          (c) Any change in the rights or obligations of a person in
1468     dissolved, wound up, and terminated.                                   1497     the person’s capacity as an associated member or a protected-
1469          (2) Any protected series to be established as a result of         1498     series transferee of a relocated protected series or continuing
1470     the merger is established.                                             1499     protected series takes effect.
1471          (3) Any relocated protected series or continuing protected        1500          (d) Any consideration to be paid to a person that before
1472     series is the same person without interruption as it was before        1501     the merger was an associated member or a protected-series
1473     the merger.                                                            1502     transferee of a relocated protected series or continuing
1474          (4) All property of a relocated protected series or               1503     protected series is due.
1475     continuing protected series continues to be vested in the              1504          (9) Any person that is an associated member of a relocated
1476     protected series without transfer, reversion, or impairment.           1505     protected series becomes a member of the surviving company, if
1477          (5) All debts, obligations, and other liabilities of a            1506     not already a member.
1478     relocated protected series or continuing protected series              1507          Section 38. Section 605.2608, Florida Statutes, is created
1479     continue as debts, obligations, and other liabilities of the           1508     to read:

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         26-00011D-24                                              20241346__            26-00011D-24                                             20241346__
1509          605.2608 Application of s. 605.2404 after merger.—                1538     relocated protected series, an asset of another relocated
1510          (1) A creditor’s right that existed under s. 605.2404             1539     protected series.
1511     immediately before a merger under that section may be enforced         1540          2. In addition to the remedy stated in paragraph (b), a
1512     after the merger in accordance with the following provisions:          1541     creditor with a right that existed immediately before the merger
1513          (a) A creditor’s right that existed immediately before the        1542     against the surviving company or a continuing protected series
1514     merger against the surviving company, a continuing protected           1543     may assert the right against:
1515     series, or a relocated protected series continues without change       1544          a. An asset of a relocated protected series; or
1516     after the merger.                                                      1545          b. An asset of a non-surviving company which vested in the
1517          (b) A creditor’s right that existed immediately before the        1546     surviving company as a result of the merger.
1518     merger against a non-surviving company:                                1547          (2) For the purposes of paragraph (1)(c) and s.
1519          1. May be asserted against an asset of the non-surviving          1548     605.2404(2)(a)1., (b)1., and (c)1., the incurrence date is
1520     company which vested in the surviving company as a result of the       1549     deemed to be the date on which the merger becomes effective.
1521     merger; and                                                            1550          (3) A merger under s. 605.2604 does not affect the manner
1522          2. Does not otherwise change.                                     1551     in which s. 605.2404 applies to a liability incurred after the
1523          (c) Subject to subsection (2), the following provisions           1552     merger becomes effective.
1524     apply:                                                                 1553          Section 39. Section 605.2701, Florida Statutes, is created
1525          1. In addition to the remedy stated in paragraph (b), a           1554     to read:
1526     creditor with a right conferred under s. 605.2404 which existed        1555          605.2701 Governing law; foreign series limited liability
1527     immediately before the merger against a non-surviving company or       1556     companies and foreign protected series.—The law of the
1528     a relocated protected series may assert the right against:             1557     jurisdiction of formation of a foreign series limited liability
1529          a. An asset of the surviving company, other than an asset         1558     company governs all of the following:
1530     of the non-surviving company which vested in the surviving             1559          (1) The internal affairs of a foreign protected series of
1531     company as a result of the merger;                                     1560     the foreign series limited liability company, including the
1532          b. An asset of a continuing protected series;                     1561     following:
1533          c. An asset of a protected series established by the              1562          (a) Relations among any associated members of the foreign
1534     surviving company as a result of the merger;                           1563     protected series.
1535          d. If the creditor’s right was against an asset of the non-       1564          (b) Relations between the foreign protected series and:
1536     surviving company, an asset of a relocated protected series; or        1565          1. Any associated member;
1537          e. If the creditor’s right was against an asset of a              1566          2. Any protected-series manager; or

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1567          3. Any protected-series transferee.                               1596     liability is asserted solely by reason of the person being or
1568          (c) Relations between any associated member and:                  1597     acting as any of the following:
1569          1. Any protected-series manager; or                               1598          (a) An associated member, a protected-series transferee, or
1570          2. Any protected-series transferee.                               1599     a protected-series manager of the foreign protected series.
1571          (d) The rights and duties of a protected-series manager.          1600          (b) A member of the foreign series limited liability
1572          (e) Governance decisions affecting the activities and             1601     company which is not an associated member of the foreign
1573     affairs of the foreign protected series and the conduct of those       1602     protected series.
1574     activities and affairs.                                                1603          (c) A protected-series manager of another foreign protected
1575          (f) Procedures and conditions for becoming an associated          1604     series of the foreign series limited liability company.
1576     member or a protected-series transferee.                               1605          (d) A protected-series transferee of another foreign
1577          (2) Relations between the foreign protected series and the        1606     protected series of the foreign series limited liability
1578     following:                                                             1607     company.
1579          (a) The foreign series limited liability company.                 1608          (e) A manager of the foreign series limited liability
1580          (b) Another foreign protected series of the foreign series        1609     company.
1581     limited liability company.                                             1610          (f) A transferee of a transferable interest of the foreign
1582          (c) A member of the foreign series limited liability              1611     series limited liability company.
1583     company which is not an associated member of the foreign               1612          (4) Except as otherwise provided in ss. 605.2402 and
1584     protected series.                                                      1613     605.2404, the following apply:
1585          (d) A foreign protected-series manager that is not a              1614          (a) The liability of the foreign series limited liability
1586     protected-series manager of the foreign protected series.              1615     company for a debt, an obligation, or another liability of a
1587          (e) A foreign protected-series transferee that is not a           1616     foreign protected series of the foreign series limited liability
1588     foreign protected-series transferee of the foreign protected           1617     company if the debt, obligation, or liability is asserted solely
1589     series.                                                                1618     by reason of the foreign protected series being a foreign
1590          (f) A transferee of a transferable interest of the foreign        1619     protected series of the foreign series limited liability
1591     series limited liability company.                                      1620     company, or the foreign protected series limited liability
1592          (3) Except as otherwise provided in ss. 605.2402 and              1621     company:
1593     605.2404, the liability of a person for a debt, an obligation,         1622          1. Being or acting as a foreign protected-series manager of
1594     or another liability of a foreign protected series of a foreign        1623     the foreign protected series;
1595     series limited liability company if the debt, obligation, or           1624          2. Having the foreign protected series manage the foreign

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         26-00011D-24                                              20241346__            26-00011D-24                                              20241346__
1625     series limited liability company; or                                   1654     protected series of the foreign series limited liability company
1626          3. Owning a protected-series transferable interest of the         1655     solely by reason of the foreign protected series being a foreign
1627     foreign protected series.                                              1656     protected series of the foreign series limited liability
1628          (b) The liability of a foreign protected series for a debt,       1657     company.
1629     an obligation, or another liability of the foreign series              1658          (2) The activities and affairs of a foreign protected
1630     limited liability company or another foreign protected series of       1659     series are not attributable to the foreign series limited
1631     the foreign series limited liability company, if the debt,             1660     liability company or another foreign protected series of the
1632     obligation, or liability is asserted solely by reason of the           1661     foreign series limited liability company, solely by reason of
1633     foreign protected series:                                              1662     the foreign protected series being a foreign protected series of
1634          1. Being a foreign protected series of the foreign series         1663     the foreign series limited liability company.
1635     limited liability company or having the foreign series limited         1664          Section 41. Section 605.2703, Florida Statutes, is created
1636     liability company or another foreign protected series of the           1665     to read:
1637     foreign series limited liability company be or act as a foreign        1666          605.2703 Certificate of authority for foreign series
1638     protected-series manager of the foreign protected series; or           1667     limited liability company and foreign protected series;
1639          2. Managing the foreign series limited liability company or       1668     amendment of application.—
1640     being or acting as a foreign protected-series manager of another       1669          (1) Except as otherwise provided in this section and
1641     foreign protected series of the foreign series limited liability       1670     subject to ss. 605.2402 and 605.2404, the laws of this state
1642     company.                                                               1671     governing application by a foreign limited liability company to
1643          Section 40. Section 605.2702, Florida Statutes, is created        1672     obtain a certificate of authority to transact business in this
1644     to read:                                                               1673     state as required under s. 605.0902, including the effect of
1645          605.2702 No attribution of activities constituting                1674     obtaining a certificate of authority under s. 605.0903, and the
1646     transacting business or for establishing jurisdiction.—In              1675     effect of failure to have a certificate of authority as
1647     determining whether a foreign series limited liability company         1676     described in s. 605.0904, apply to a foreign series limited
1648     or foreign protected series of the foreign series limited              1677     liability company and to a foreign protected series of a foreign
1649     liability company is transacting business in this state or is          1678     series limited liability company, as if the foreign protected
1650     subject to the personal jurisdiction of the courts in this             1679     series was a foreign limited liability company formed separately
1651     state, the following apply:                                            1680     from the foreign series limited liability company, and distinct
1652          (1) The activities and affairs of the foreign series              1681     from the foreign series limited liability company and any other
1653     limited liability company are not attributable to a foreign            1682     foreign protected series of the foreign series limited liability

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         26-00011D-24                                            20241346__              26-00011D-24                                             20241346__
1683     company.                                                               1712     the information required by subsection (2).
1684          (2) An application by a foreign protected series of a             1713          (5) Sections 605.0903-605.0912 apply to a foreign limited
1685     foreign series limited liability company for a certificate of          1714     liability company and to a protected series of a foreign series
1686     authority to transact business in this state must include all of       1715     limited liability company applying for, amending, or withdrawing
1687     the following:                                                         1716     a certificate of authority to transact business in this state.
1688          (a) The name and jurisdiction of formation of the foreign         1717          Section 42. Section 605.2704, Florida Statutes, is created
1689     series limited liability company and the foreign protected             1718     to read:
1690     series seeking a certificate of authority, and all of the other        1719          605.2704 Disclosure required when a foreign series limited
1691     information required under s. 605.0902, and any other                  1720     liability company or foreign protected series becomes a party to
1692     information required by the department.                                1721     proceeding.—
1693          (b) If the company has other foreign protected series, the        1722          (1) Not later than 30 days after becoming a party to a
1694     name, title, capacity, and street and mailing address of at            1723     proceeding before a civil, administrative, or other adjudicative
1695     least one person that has the authority to manage the foreign          1724     tribunal of or located in this state, or a tribunal of the
1696     limited liability company and who knows the name and street and        1725     United States located in this state:
1697     mailing address of:                                                    1726          (a) A foreign series limited liability company shall
1698          1. Each other foreign protected series of the foreign             1727     disclose to each other party the name and street and mailing
1699     series limited liability company; and                                  1728     address of:
1700          2. The foreign protected-series manager of, and the               1729          1. Each foreign protected series of the foreign series
1701     registered agent for service of process on, each other foreign         1730     limited liability company; and
1702     protected series of the foreign series limited liability               1731          2. Each foreign protected-series manager of and a
1703     company.                                                               1732     registered agent for service of process for each foreign
1704          (3) The name of a foreign protected series applying for a         1733     protected series of the foreign series limited liability
1705     certificate of authority to transact business in this state must       1734     company.
1706     comply with ss. 605.0112 and 605.2202, which may be accomplished       1735          (b) A foreign protected series of a foreign series limited
1707     by using an alternate name pursuant to ss. 605.0906 and 865.09,        1736     liability company shall disclose to each other party the name
1708     if the alternate name complies with ss. 605.0112, 605.0906, and        1737     and street and mailing address of:
1709     605.2202.                                                              1738          1. The foreign series limited liability company and each
1710          (4) The requirements in s. 605.0907 relating to required          1739     manager of the foreign series limited liability company and an
1711     information and amending of a certificate of authority apply to        1740     agent for service of process for the foreign series limited

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         26-00011D-24                                              20241346__            26-00011D-24                                           20241346__
1741     liability company; and                                                 1770     series that transact business in this state.
1742          2. Any other foreign protected series of the foreign series       1771          (2) A domestic limited liability company formed before
1743     limited liability company and each foreign protected-series            1772     January 1, 2025, may not create or designate any protected
1744     manager of and an agent for service of process for the other           1773     series before the effective date of this act.
1745     foreign protected series.                                              1774          Section 45. This act shall take effect January 1, 2025.
1746          (2) If a foreign series limited liability company or
1747     foreign protected series challenges the personal jurisdiction of
1748     the tribunal, the requirement that the foreign series limited
1749     liability company or foreign protected series make disclosure
1750     under subsection (1) is tolled until the tribunal determines
1751     whether it has personal jurisdiction.
1752          (3) If a foreign series limited liability company or
1753     foreign protected series does not comply with subsection (1), a
1754     party to the proceeding may do one or both of the following:
1755          (a) Request the tribunal to treat the noncompliance as a
1756     failure to comply with the tribunal’s discovery rules.
1757          (b) Bring a separate proceeding in the court to enforce
1758     subsection (1).
1759          Section 43. Section 605.2801, Florida Statutes, is created
1760     to read:
1761          605.2801 Relation to Electronic Signatures in Global and
1762     National Commerce Act.—Section 605.1102 applies to ss. 605.2101-
1763     605.2802.
1764          Section 44. Section 605.2802, Florida Statutes, is created
1765     to read:
1766          605.2802 Effective date.—
1767          (1) Beginning January 1, 2025, this chapter governs all
1768     domestic and foreign protected series limited liability
1769     companies and all domestic protected series and all foreign

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                                                                                                                                                                                   The Florida Senate

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                                                                                                                      I     v"Iting but.
                                                                                                                                                                      APPEARANCE RECORD                                                          t\4 L
                                                                                                                                                                                                                                                 Bill Number orTopic
                                                                                                                                                                                Deliver both copies of this form to
                                         The Florida Senate                                                                                f     0                       Senate professional staff conducting the meeting

                                                                                                                            Committee                                                                                                    Amendment Barcode (if applicable)
                          Gommittee Agenda Request
                                                                                                        Name              r) 6()aJ ?r\                                                                             Phone    8.r-o   L   oi         lcgoo

                                                                                                        Address ((1                    5.        folodtoe             s/-                                          Email                                   {;tnr..-
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                                                                                                                          Tttl                                State
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                                                                                                                                                                                          Zip


To:            Senator Jay Trumbull, Chair
               Committee on Commerce and Tourism                                                                      Speaking: I              ror I    Against I           lnformation OR                    WaiveSpeakino:
                                                                                                                                                                                                                               fftnSupport I            Against


Subject:       Committee Agenda Request                                                                                                                                PLEASE CFIECK ONE OF THE FOLLOWING:


Date:          January 11,2024
                                                                                                               lam appearing without
                                                                                                               compensation or sponsorship.                             F     I am a registered
                                                                                                                                                                              representing:
                                                                                                                                                                                                  lobbyist,                             I am not a lobbyist, but received
                                                                                                                                                                                                                                        something ofvalue for my appearance
                                                                                                                                                                                                                                        (travel, meals, lodging, etc.),
                                                                                                                                                                                                                                        sponsored by:



I respectfully request that Senate Bill #1346, relating to Limited Liability Companies, be placed
                                                                                                                                                                        o                {l^. F                I
on the:

          n    Committee agenda at your earliest possible convenience                                   This form is part of the public record for this meeting.                                                                                                s-001 (08/10/2o2't)


          X    Next committee agenda.




                                             Senator Lori Berman
                                             Florida Senate, District 26




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 1596
INTRODUCER:     Senator Burgess
SUBJECT:        Employment of Minors
DATE:           January 29, 2024                REVISED:


           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Baird                            McKay                                 CM              Favorable
2.                                                                        RI
3.                                                                        RC



  I.    Summary:

        SB 1596 changes the law regulating work hours for minors. The bill specifies that minors 15
        years of age or younger may not work for more than 15 hours in any one week when school is in
        session.

        The bill changes the time restrictions placed on minors 16 and 17 years of age by providing that
        16 and 17 year olds are not allowed to:
         Work before 5:30 a.m. or work after 12:00 a.m., when school is scheduled the next day.
         Work for more than 8 hours in any one day when school is scheduled the following day,
            except when the day of work is on holiday or Sunday.

        The bill also alters requirements for consecutive working days and breaks for minors 17 years
        and younger, lowering the age limit to 15 years and younger

        The bill provides exemptions for minors 16 and 17 years of age who are in a home education
        program or are enrolled in an approved virtual instruction program in which the minor is
        separated from the teacher by time only. The Department of Business and Professional
        Regulation (DBPR) is allowed to grant a waiver of the restrictions.

        Finally, the bill provides that an employer that violates the restrictions commits a violation of the
        law, punishable as a criminal misdemeanor and subject to a fine.

        The bill provides an effective date of July 1, 2024.
BILL: SB 1596                                                                                         Page 2

    II.   Present Situation:

          Overview

          Subject to some exceptions, federal and state child labor laws prevent work hours and
          timeframes from interfering with the child’s health, safety, and education. At the federal level,
          the Fair Labor Standards Act (FLSA) determines the minimum age for work during school
          hours, performing certain jobs after school, and places restraints on work considered hazardous.
          Florida’s Child Labor Law also restricts the employment of minors, sometimes more than federal
          law. Florida’s Child Labor Law contains protections specifically directed to 16 and 17-year-olds,
          including restrictions on what times during a day they may work, how many hours in a week
          they may work, and what jobs or occupations they may perform.

          Florida authorizes cities and counties to enact their own curfew ordinances for minors under the
          age of 16. The law provides that any minor under the age of 16 cannot be present at a public
          establishment during the following hours, not including legal holidays:
           Sunday to Thursday from 11:00 p.m. to 5:00 a.m.
           Saturday or Sunday from 12:01 a.m. to 6:00 a.m.
           9:00 a.m. to 2:00 p.m. if suspended from school.

          The statutory curfew does not apply unless the curfew is adopted by a governing body of the
          county or municipality. A governing body of a county or municipality is allowed to adopt
          restrictions that are more or less stringent than the statutory curfew.

          Federal Fair Labor Standards Act

          The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
          minimum wage, overtime pay, and child labor protections.1 Congress adopted the FLSA to
          prevent substandard labor conditions from being used as an “unfair method of competition.”2
          The FLSA covers employees and enterprises engaged in interstate commerce. An enterprise is
          covered if it has annual sales or business done of at least $500,000.3 Regardless of the dollar
          volume of business, the FLSA applies to hospitals; institutions primarily engaged in the care of
          the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are
          mentally or physically disabled or gifted; federal, state, and local governments; and preschools,
          elementary and secondary schools, and institutions of higher education.4

          The FLSA was adopted as a minimum set of standards, which allowed states to provide more
          protections for employees. Under the FLSA, if states enact minimum wage, overtime, or child
          labor laws that are more protective than what is provided by the FLSA, the state law applies.5
          Because states may enact laws that are more protective than what is provided by the FLSA,
          minimum wage, overtime, and child labor standards vary state by state.


1
  29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
2
  Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
3
  29 C.F.R. §§779.258-779.259.
4
  29 U.S.C. §203(s)(1).
5
  29 U.S.C § 218.
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         Child Labor
         The FLSA prohibits the employment of “oppressive child labor” in the United States and the
         shipment of goods made in proximity to oppressive child labor.6 The FLSA establishes a general
         minimum age of 16 years for employment in nonhazardous occupations, and a minimum age of
         18 years for employment in any occupation determined by the Secretary of Labor to be
         hazardous to the health or well-being of minors. However, children younger than 16 may work if
         certain conditions are met, and rules for agricultural and nonagricultural employment vary
         significantly.7

         According to the US Department of Labor (DOL), two things are certain:8
          Once an employee is 18 years-of-age, there are no Federal child labor rules.
          Federal child labor rules do not require work permits. However, many states issue age
            certificates if you are asked to provide them by your employer.

         Nonagricultural Employment – Minimum Standards
         For nonexempt children, the minimum age for employment in nonagricultural occupations is:9
          18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the
            health and well-being of children (i.e., “hazardous occupations”);
          16 years-of-age for employment in nonhazardous occupations; or
          14 years-of-age for a limited set of occupations, with restrictions on hours and work
            conditions, as determined by the Secretary of Labor.

         A child under the age of 14 may not be employed unless his or her employment is explicitly
         excluded from the definition of oppressive child labor (e.g., a parent is the child’s sole employer
         in a nonhazardous occupation) or exempt from the FLSA child labor provisions (e.g., newspaper
         delivery).10

         The hours and times of day that 14- and 15-year-olds are allowed to work and specific
         occupations that are permitted or prohibited for such minors in nonagricultural occupations are
         set by federal and state law.

         The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours
         and times-of-day:11
          Outside of school hours;12
          Not more than 40 hours in any 1 week when school is not in session;
          Not more than 18 hours in any 1 week when school is in session;

6
  29 U.S.C. §212.
7
  Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar.8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713. (last visited January 29, 2024).
8
  US Department of Labor, Fair Labor Standards Act (FLSA) Child Labor Rules Advisor,
https://webapps.dol.gov/elaws/whd/flsa/cl/default.htm (last visited January 29, 2024).
9
  29 CFR § 570.2.
10
   29 CFR § 570.119.
11
   75 C.F.R. § 28448 (2010).
12
   29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides
while employed is in session during the regularly scheduled school year.
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               Not more than 8 hours in any 1 day when school is not in session;
               Not more than 3 hours in any 1 day when school is in session, including Fridays; and
               Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor
                Day) when the evening hour will be 9 p.m.

           Oppressive Child Labor
           The following occupations constitute oppressive child labor within the meaning of the FLSA
           when performed by minors who are 14 and 15 years-of-age:13
            Manufacturing, mining, or processing occupations.
            Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and
              declare to be hazardous for the employment of minors between 16 and 18 years of age or
              detrimental to their health or well-being.
            Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or
              repairing hoisting apparatus.
            Work performed in or about boiler or engine rooms or in connection with the maintenance or
              repair of the establishment, machines, or equipment.
            Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or
              repairing any power-driven machinery, including but not limited to lawn mowers, golf carts,
              all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food
              choppers, food processors, food cutters, and food mixers. Youth 14 and 15 years of age may,
              however, operate office equipment pursuant to § 570.34(a) and vacuum cleaners and floor
              waxers pursuant to § 570.34(h).
            The operation of motor vehicles.
            Outside window washing that involves working from window sills, and all work requiring
              the use of ladders, scaffolds, or their substitutes.
            All baking and cooking activities except that cooking which is permitted by § 570.34(c).
            Work in freezers and meat coolers and all work in the preparation of meats for sale except as
              permitted by § 570.34(j). This section, however, does not prohibit the employment of 14- and
              15-year-olds whose duties require them to occasionally enter freezers only momentarily to
              retrieve items as permitted by § 570.34(i).
            Youth peddling, which entails the selling of goods or services to customers at locations other
              than the youth-employer's establishment, such as the customers' residences or places of
              business, or public places such as street corners and public transportation stations.
            Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or
              conveyors, except the loading and unloading of personal non-power-driven hand tools,
              personal protective equipment, and personal items to and from motor vehicles as permitted
              by § 570.34(k).
            Catching and cooping of poultry in preparation for transport or for market.
            Public messenger service.
            Occupations in connection with transportation of persons or property, warehousing and
              storage, communications and public utilities, and construction (including demolition and
              repair).



13
     29 C.F.R. § 570.33.
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           Authorized Occupations
           The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age
           when performed within the required timeframes:14
            Office and clerical work, including the operation of office machines.
            Work of an intellectual or artistically creative nature.
            Cooking with electric or gas grills which does not involve cooking over an open flame.
            Cashiering, selling, modeling, art work, work in advertising departments, window trimming,
              and comparative shopping.
            Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
            Bagging and carrying out customers' orders.
            Errand and delivery work by foot, bicycle, and public transportation.
            Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance
              of grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or
              similar equipment.
            Kitchen work and other work involved in preparing and serving food and beverages.
            Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and
              stocking of items.
            The loading onto motor vehicles and the unloading from motor vehicles of the light, non-
              power-driven, hand tools and personal protective equipment that the minor will use as part of
              his or her employment at the work site; and the loading onto motor vehicles and the
              unloading from motor vehicles of personal items such as a back pack, a lunch box, or a coat
              that the minor is permitted to take to the work site.
            The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties
              at traditional swimming pools and water amusement parks (including such water park
              facilities as wave pools, lazy rivers, specialized activity areas that may include waterfalls and
              sprinkler areas, and baby pools; but not including the elevated areas of power-driven water
              slides) when such youth have been trained and certified by the American Red Cross, or a
              similar certifying organization, in aquatics and water safety.
            Employment inside and outside of places of business where machinery is used to process
              wood products.
            Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy
              service; car cleaning, washing and polishing by hand; and other occupations permitted by
              this section, but not including work involving the use of pits, racks, or lifting apparatus, or
              involving the inflation of any tire mounted on a rim equipped with a removable retaining
              ring.
            Work in connection with riding inside passenger compartments of motor vehicles.




14
     29 CFR § 570.34.
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        Agricultural Employment – Minimum Standards
        With some exceptions, the minimum age for employment in agricultural occupations is:
         16 years-of-age for employment in any agricultural job, including those determined to be
           hazardous by the Secretary of Labor, with no restrictions on hours of work;15
         14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours;16
         12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside
           of school hours, with the written consent of a parent; written consent is not required if the
           work takes place on a farm that also employs the child’s parent;17
         10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to
           eight weeks in nonhazardous agricultural jobs, outside of school hours, with the written
           consent of a parent, providing the employer has obtained a waiver permitting this
           employment from the Secretary of Labor;18 or
         Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of
           school hours on certain small farms, with a parent’s written consent.19

        A child of any age who is employed by a parent on a farm owned or operated by the parent may
        work without restriction.20 DOL regulations also provide limited exemptions to child labor rules
        concerning hazardous agricultural occupations for student learners and graduates of vocational
        training programs that meet regulatory criteria.21

        FLSA Child Labor Exemptions
        The FLSA excludes the following occupations and work arrangements from coverage of its child
        labor provisions:




15
   29 CFR § 570.2.
16
   29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
17
   29 U.S.C. §213(c)(1)(B).
18
   The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
19
   29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum
wage provisions because they employed fewer than 500 “man-days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
20
   29 U.S.C. §213(c)(2).
21
   29 C.F.R. §570.72.
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            Children with a Parental Employer: Children who work for a parent or a person standing in
             place of a parent22 in an occupation other than manufacturing, mining, or hazardous work
             may be employed at any age and for any number of hours.23
            Child Performers: Children of any age may be employed as actors or performers in motion
             pictures or in theatrical, radio, or television productions.24
            Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
             consumers.25
            Evergreen Wreath Producers (Homebased): Children of any age may be employed as
             homeworkers to make evergreen wreaths and to harvest forest products used in making such
             wreaths.26

         Hazardous Occupations
         Seventeen groups of nonagricultural occupations have been determined to be hazardous or
         detrimental to the health or well-being of children between the ages of 16 and 18 years.27
         Employment in these jobs is prohibited, with limited exemptions for registered apprentices and
         student learners.28 In some instances, children’s employment is banned in entire industries (e.g.,
         coal mining) with some exceptions for office, sales, or maintenance work; others prohibit
         children’s exposure to materials (e.g., radioactive substances) or equipment (e.g., power-driven
         hoisting apparatus).

         Eleven types of agricultural occupations have been determined to be hazardous, in which—with
         few exceptions—a child below the age of 16 may not be employed.29 These include, for
         example, handling or applying certain agricultural chemicals, and working on a farm in a pen
         occupied by a stud horse maintained for breeding purposes. The prohibition on employment in
         agricultural hazardous occupations does not apply to children employed by a parent on a farm
         owned or operated by the parent.30 When certain requirements are met, student learners and
         graduates of tractor or machine operation programs that meet regulatory criteria may be
         employed in select hazardous occupations.



22
   Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as including “natural parents, or any
other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own family,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
23
   This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes
children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
24
   29 U.S.C. §213(c)(3).
25
   29 U.S.C. §213(d).
26
   29 U.S.C. §213(d).
27
   29 C.F.R. §§570.50-570.68.
28
   The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is
employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b) and (c).
29
   Hazardous agricultural occupations are described in 29 C.F.R. §570.71; exemptions to the ban on children’s
employment in hazardous agricultural occupations are in 29 C.F.R. §570.72.
30
   29 U.S.C. §213(c)(2).
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        FLSA Violations
         Two remedies are available for violations of the FLSA child labor provisions. The Secretary of
         Labor may assess civil penalties or seek other relief, including injunctive relief. Employers who
         violate the FLSA child labor provisions may be assessed the following civil penalties:
          Up to $15,138 for each employee who was the subject of a child labor violation; or
          Up to $68,801 for each violation that causes the death or serious injury of a minor employee,
             a penalty may be doubled if the violation is a repeated or willful violation.31

         U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions.32
         For example, a federal court may order an employer to halt employment of a minor in a
         hazardous occupation or may enjoin a producer from shipping goods out of state from an
         establishment in or about which a child labor violation has occurred. Criminal penalties are also
         prescribed for willful violations of the FLSA’s child labor provisions.33

         Florida Child Labor Law

         The Florida Department of Business and Professional Regulation, Division of Regulation,
         administers and enforces the state’s Child Labor Law34 through its Child Labor Program.35 The
         “mission of the Child Labor Program is to provide a program of education, enforcement, and
         administrative initiatives designed to achieve full compliance in the enforcement of Child Labor
         laws and ensure the health, education and welfare of Florida’s working minors.”36

         Florida’s Child Labor Law restricts the employment of minors, sometimes more than federal
         law. Once a worker reaches the age of 18, child labor laws do not restrict their employment.

         Florida’s Child Labor Law defines “child” or “minor” as any person 17 years of age or younger,
         unless:37
          The person is or has been married;
          The person’s disability of nonage has been removed by a court of competent jurisdiction;
          The person is serving or has served in the Armed Forces of the United States;
          It has been found by a court having jurisdiction over the person that it is in the best interest
             of such minor to work and the court specifically approves any employment of such person,
             including the terms and conditions of such employment; or
          The person has graduated from an accredited high school or holds a high school equivalency
             diploma.

31
   These civil money penalties took effect on January 16, 2023, and are as adjusted for inflation as provided by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
32
   29 U.S.C. §217.
33
   Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, Mar.8, 2023, at 17
https://crsreports.congress.gov/product/pdf/R/R42713. (last visited January 29, 2024).
34
   See ss. 450.001-450.165, F.S.
35
   Section 450.155, provides that Child Labor Law program appropriations made by the Legislature shall be used to carry out
the proper responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide
education about the Child Labor Law to employers, public school employees, the general public, and working youth.
36
   Florida Department of Business and Professional Regulation, Child Labor, http://www.myfloridalicense.com/DBPR/child-
labor/ (last visited January 29, 2024).
37
   Section 450.012(3), F.S.
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         Minimum Age
         Under Florida’s Child Labor law, minors of any age may be employed as follows:38
          As pages in the Florida Legislature.
          By the entertainment industry as prescribed in ss. 450.012, F.S., and 450.132, F.S.
          In domestic or farm work in connection with their own homes or the farm or ranch on which
            they live, or directly for their own parents or guardian, or in the herding, tending, and
            management of livestock, during the hours they are not required by law to be in school.

         The law provides the following prohibitions:
          Persons 10 years-of-age or younger: Prohibited from engaging in the sale and distribution of
            newspapers.
          Except as provided above, persons 13 years-of-age or younger: Prohibited from being
            employed, permitted, or suffered to work in any gainful occupation at any time.
          Persons 17 years old or younger: Whether or not such person’s disabilities of nonage have
            been removed by marriage or otherwise, are prohibited from being employed, permitted, or
            suffered to work in any place where alcoholic beverages are sold at retail, except as provided
            in s. 562.13, F.S.39 For example, a 16- or 17-year-old may work at a grocery store that sells
            alcohol under certain conditions and a restaurant that sells beer and wine under certain
            conditions.

         The law provides the following prohibition to prevent minors being exploited and becoming
         victims of human trafficking:40
          A person under the age of 18, whether or not such person’s disabilities of nonage have been
             removed by marriage or otherwise, may not be employed, permitted, or suffered to work in
             an adult theater, as defined in s. 847.001(2)(b), F.S.

         Hazardous Occupations
         Florida law prohibits minors 15 years-of-age or younger, whether or not such person’s
         disabilities of nonage have been removed by marriage or otherwise, from being employed or
         permitted or suffered to work in any of the following occupations:41
          In connection with power-driven machinery, except power mowers with cutting blades 40
             inches or less.
          In any manufacturing that makes or processes a product with the use of industrial machines.
          The manufacture, transportation, or use of explosive or highly flammable substances.
          Sawmills or logging operations.
          On any scaffolding.
          In heavy work in the building trades.



38
   Section 450.021, F.S.
39
   Section 562.13, F.S., prohibits any vendor licensed under the Beverage Law from employing any person under 18 years of
age. However, this section provides specific exceptions, including, but not limited to, professional entertainers under 17 years
of-age, certain minors employed in the entertainment industry, persons under the age of 18 employed in drugstores, grocery
stores, department stores, florists, specialty gift shops, or automobile service stations for consumption off the premises.
40
   Section 450.021(5), F.S.
41
   Section 450.061(1), F.S.
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               In the operation of a motor vehicle, except a motorscooter which he or she is licensed to
                operate, except that 14-year-old and 15-year-old workers may drive farm tractors in the
                course of their farmwork under the close supervision of their parents on a family-operated
                farm, and except that qualified 14-year-old and 15-year-old workers may drive tractors in the
                course of their farmwork under the close supervision of the farm operator. “Qualified,” as
                used herein, means having completed a training course in tractor operation sponsored by a
                recognized agricultural or vocational agency, as evidenced by duly executed certificate, such
                certificate to be filed with the farm operator for the duration of the employment.
               In oiling, cleaning, or wiping machinery or shafting or applying belts to pulleys.
               In repairing of elevators or other hoisting apparatus.
               Work in freezers or meat coolers and all work in preparation of meats for sale, except
                wrapping, sealing, labeling, weighing, pricing, and stocking when performed in another area.
                This shall not prohibit work done in the normal operations of a food service facility licensed
                by chapter 509, F.S.
               In the operation of power-driven laundry or drycleaning machinery or any similar power-
                driven machinery.
               At spray painting.
               Alligator wrestling, work in connection with snake pits, or similar hazardous activities.
               Door-to-door selling of magazine subscriptions, candy, cookies, flowers, or other
                merchandise or commodities, except merchandise of nonprofit organizations, such as the Girl
                Scouts of America or the Boy Scouts of America.
               In working with meat and vegetable slicing machines.

           Florida law prohibits minors under 18 years-of-age, whether such person’s disabilities of nonage
           have been removed, from being employed or permitted or suffered to work in any of the
           following places of employment or in any of the following occupations:42
            In or around explosive or radioactive materials.
            On any scaffolding, roof, superstructure, residential or nonresidential building construction,
               or ladder above 6 feet.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
            In or around toxic substances or corrosives, including pesticides or herbicides, unless proper
               field entry time allowances have been followed.
            Any mining occupation.
            In the operation of power-driven woodworking machines.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
            In the operation of power-driven hoisting apparatus.
            In the operation of power-driven metal forming, punching, or shearing machines.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
            Slaughtering, meat packing, processing, or rendering, except as provided in 29 C.F.R. s.
               570.61(c), F.S.


42
     Section 450.061(2), F.S.
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               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
              In the operation of power-driven bakery machinery.
              In the operation of power-driven paper products and printing machines.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
              Manufacturing brick, tile, and like products.
              Wrecking or demolition.
              Excavation operations.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
              Logging or sawmilling.
              Working on electric apparatus or wiring.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
              Firefighting.
               o Does not apply to the employment of student learners under the conditions prescribed in
                   s. 450.161, F.S.
              Operating or assisting to operate, including starting, stopping, connecting or disconnecting,
               feeding, or any other activity involving physical contact associated with operating, a tractor
               over 20 PTO horsepower, any trencher or earthmoving equipment, fork lift, or any
               harvesting, planting, or plowing machinery, or any moving machinery.

           Florida law prohibits the employment of minors under 18 years-of-age, whether such person’s
           disabilities of nonage have been removed by marriage or otherwise, from being employed or
           permitted or suffered to work in any place of employment or at any occupation hazardous or
           injurious to the life, health, safety, or welfare of such minor, as such places of employment or
           occupations may be determined and declared by the department to be hazardous and injurious.

           These prohibitions do not apply to minors employed in the entertainment industry.43

           Hours of Work
           Generally, Florida law allows minors who are 16 and 17 years-of-age to work in a broad range of
           jobs, unless the jobs are hazardous. Minors who are 14 and 15 years-of-age are allowed to work
           in a broad range of jobs but are limited in the number of hours per day and per week they may
           work, especially when school is in session.44 Minors 13 years old or younger are prohibited from
           working in Florida, except in some limited situations.

           Minors Under the Age of 16
           For minors younger than 16 years-of-age, Florida Child Labor Law provides the following
           restrictions on hours of work:
            Before 7 a.m. or after 7 p.m. when school is scheduled the following day or for more than 15
               hours in any one week.

43
     Section 450.061(4), F.S.
44
     See Section 450.081, F.S.
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          More than 3 hours on any school day, if not enrolled in a career education program, unless
           there is no session of school the following day.
          During holidays and summer vacations:
           o Before 7 a.m. or after 9 p.m.;
           o For more than 8 hours in any one day; or
           o For more than 40 hours in any one week.

         Sixteen and Seventeen-Year-Olds
         For minors 16 and 17 years-of-age, Florida’s Child Labor Law provides the following
         restrictions on hours of work:
          Before 6:30 a.m. or after 11:00 p.m.
          More than 8 hours in any one day when school is scheduled the following day.
          When school is in session, more than 30 hours in any one week.
          During school hours on any school day, if not enrolled in a career education program.
          More than 6 consecutive days in any one week.
          More than 4 hours continuously without an interval of at least 30 minutes for a meal period.
             o No period of less than 30 minutes is deemed to interrupt a continuous period of work.

         Exemptions
         The hours of work restrictions do not apply to the following:45
          Minors 16 and 17 years-of-age who have graduated from high school or received a high
            school equivalency diploma.
          Minors who are within the compulsory school attendance age limit who hold a valid
            certificate of exemption issued by the school superintendent or his or her designee pursuant
            to the provisions of s. 1003.21(3), F.S.
          Minors enrolled in a public educational institution who qualify on a hardship basis such as
            economic necessity or family emergency.
            o Such determination must be made by the school superintendent or his or her designee,
                and a waiver of hours must be issued to the minor and the employer.
          Children in domestic service in private homes, children employed by their parents, or pages
            in the Florida Legislature.

         Florida law provides that the presence of any minor in any place of employment during working
         hours is prima facie evidence of his or her employment.46

         Partial Waivers
         In extenuating circumstances when it clearly appears to be in the best interest of the child, DBPR
         is authorized to grant a waiver of the restrictions imposed by the Child Labor Law on the
         employment of a child. Such waivers are granted upon a case-by-case basis and based upon such
         factors as the department, by rule, establishes as determinative of whether such waiver is in the
         best interest of a child.47

45
   Section 450.081(5), F.S.
46
   Section 450.081(6), F.S.
47
   Section 450.095, F.S.
BILL: SB 1596                                                                                         Page 13


           DBPR, or the school district designee if the minor is enrolled in the public school system, is
           authorized to grant a waiver of any restriction imposed by the Child Labor Law, or by rule. In
           determining whether to grant a Partial Waiver, the Department shall consider all relevant
           information which may establish what is in the best interest of the minor, including:48
            School Status: DBPR, or the school district designee, is required to grant a partial waiver
               based on school status when:
               o The minor will receive instruction by a tutor at the place of employment;
               o The minor has been authorized by the District School Superintendent to complete his or
                   her education through alternative methods such as home school;
               o The minor has been permanently expelled from the public school system;
               o The minor is enrolled in school in a foreign country and is visiting Florida during his or
                   her home country’s non-school period; or
               o The employment would provide an educational, vocational, or public service experience
                   that would be beneficial to the minor.
                    Documentation shall consist of confirmation from the minor’s school principal or the
                        Superintendent of the School District and of copies of school records clearly defining
                        the minor’s school status.
            Financial Hardship: DBPR, or the school district designee, is required to grant a partial
               waiver based on financial hardship when compliance with the Child Labor Law or rule will
               result in undue financial hardship for the minor or the minor’s immediate family.
               Documentation must include:
               o A notarized letter, explaining the particular circumstances creating a hardship, from a
                   parent, guardian, or other adult, who knows and can attest to the minor’s financial
                   hardship; written confirmation from a school recently attended;
               o Documentation from a social service agency; or
               o Verification of participation in AFDC, Food Stamp, Project Independence, or other
                   similar programs.
               o DBPR is authorized to require other documentation which proves financial hardship.
            Medical Hardship: DBPR, or the school district designee, must grant a partial waiver based
               on medical hardship when compliance with the Child Labor Law or rule will result in
               physical or mental hardship for the minor. Documentation may consist of written
               confirmation from the minor’s physician stating the specific medical reasons that require the
               minor to be excused from mandatory school attendance and affirming that the minor to be
               excused from mandatory school attendance may be allowed to work the requested hours, or
               that the minor should be considered an adult for the purpose of work hours.
            Other Hardship: DBPR, or school district designee, must grant a partial waiver based on
               other hardship when compliance with the Child Labor Law or rule will result in unreasonable
               hardship to the minor in specific situations.
            Court Order: DBPR, or the school district designee, must grant a partial waiver based on a
               court order when compliance with the Child Labor Law or rule will result in the minor
               violating an order issued by a court mandating that the minor work specified hours or in a
               specified occupation.



48
     R. 61L-2.007, F.A.C.
BILL: SB 1596                                                                                        Page 14

         Enforcement
         DBPR and local law enforcement are required to:49
          Enforce the provisions of the Child Labor Law;
          Make complaints against persons violating its provisions; and
          Prosecute violations.

         DBPR is authorized to enter and inspect at any time any place or establishment covered by this
         law and to have access to age certificates kept on file by the employer and other records.
         Designated school representatives are required to report to DBPR all violations of the Child
         Labor Law.50

         The Child Labor Law also provides that:
          Trial courts in the state have the duty to issue warrants and try cases within their jurisdiction
            in connection with violations of the Child Labor Law.
          Grand juries have inquisitorial powers to investigate violations, and trial court judges shall
            specially charge the grand jury to investigate violations of the Child Labor Law.

         The Child Labor Law provides the following penalties for violations:51
          Second degree misdemeanor, punishable by up to 60 days in prison52 and a $500 fine.53
            o Each day during which any violation of this law continues, and the employment of any
               minor in violation of the law, constitutes a separate and distinct offense.
          Second degree felony, punishable by up to 15 years in prison,54 a $10,000 fine,55 or up to 30
            years in prison for habitual offenders56 any person who:57
            o Takes, receives, hires, employs, uses, exhibits, or, in any manner or under any pretense,
               causes or permits any child less than 18 years of age to suffer;
            o Inflicts upon any such child unjustifiable physical pain or mental suffering;
            o Willfully causes or permits the life of any such child to be endangered or his or her health
               to be injured or such child to be placed in such situation that his or her life may be
               endangered or health injured; or
            o Has in custody any such child for any of these purposes.

         The Child Labor Law authorizes DBPR to provide administrative fines not to exceed $2,500 per
         offense.58 Upon discovery by DBPR that an employer is in violation, it is required to give written
         notice to the employer specifying the violation, the facts alleged to constitute the violation, and
         the requirements and time limitations for remedial action. If the employer refuses or fails to
         comply, DBPR is authorized to seek assessment of the following schedule of fines:59

49
   Section 450.121(1), F.S.
50
   Section 450.121(2), F.S.
51
   Section 450.141(1), F.S.
52
   Section 775.082, F.S.
53
   Section 775.083, F.S.
54
   Section 775.082, F.S.
55
   Section 775.083, F.S.
56
   Section 775.084, F.S.
57
   Section 450.151, F.S.
58
   Section 450.141(2), F.S.
59
   R. 61L-2.009, F.A.C.
BILL: SB 1596                                                                                   Page 15


                                                                             3rd and Subsequent
                                                               2nd                 Offenses
                 Violation                  1st Offense       Offense

   Child Labor Poster                       Up to $500      Up          to       Up to $1,500
                                                            $1,000
   Employment of Minor                      Up        to    Up          to       Up to $2,500
                                            $1,000          $1,500
   Proof of Age or Copy of Partial          Up to $700      Up          to       Up to $2,000
   Waiver                                                   $1,200
   Employment of Minor in Violation of      Up         to   Up          to       Up to $2,500
   Beverage law.                            $1,000          $1,500
    Work Hours or Consecutive Days          Up         to   Up          to        Up to $2500
                                            $1,000          $1,500
   Hazardous Occupation                     Up         to   Up          to       Up to $2,500
                                            $1,500          $2,000
   Employment of minor in violation of      Up         to   Up          to       Up to $2,500
   any provision of Child Labor.            $2,500          $2,500
   Law or this rule chapter which results
   in injury or death to minor.
   Violation of proof of age and identity   Up         to   Up          to       Up to $2,500
   requirements for Adult Theaters.         $1,000          $2,000
   Any other violation of the Child         Up         to   Up          to       Up to $2,500
   Labor Law or this rule chapter.          $1,000          $1,500
   Failure to provide records         or    Up to $500      Up          to       Up to $2,000
   documentation upon request.                              $1,200


      Career Education Exemptions
      Florida’s Child Labor Law specifies that it does not:
       Prevent minors of any age from receiving career education furnished by the U.S., this state,
          or any county or other political subdivision of this state and duly approved by the
          Department of Education or other duly constituted authority, nor any apprentice indentured
          under a plan approved by the Department of Economic Opportunity; or
       Prevent the employment of any minor 14 years of age or older when such employment is
          authorized as an integral part of, or supplement to, such a course in career education and is
          authorized by regulations of the district school board of the district in which such minor is
          employed, provided the employment is in compliance with the provisions of ss. 450.021(4),
          F.S. and 450.061, F.S.
BILL: SB 1596                                                                                                              Page 16

         Exemptions for the employment of student learners 16 to 18 years-of-age provided in s. 450.061,
         F.S., apply when:60
          The student learner is enrolled in a youth vocational training program under a recognized
             state or local educational authority.
          Such student learner is employed under a written agreement that provides:
            o That the work of the student learner in the occupation declared particularly hazardous
                 shall be incidental to the training.
            o That such work shall be intermittent and for short periods of time and under the direct
                 and close supervision of a qualified and experienced person.
            o That safety instructions shall be given by the school and correlated by the employer with
                 on-the-job training.
            o That a schedule of organized and progressive work processes to be performed on the job
                 shall have been prepared.

         Proof of Identity
         In order to hire a child to work, the law requires an employer to obtain and keep on record during
         the entire period of employment proof of the child’s age.61 Employers who hire minors are also
         required to post posters notifying minors of the Child Labor Law.62

         Local Juvenile Curfew Ordinances

         Florida authorizes cities and counties to enact their own curfew ordinances for minors under the
         age of 16.63 The law provides the following statutory restrictions that do not apply unless they
         are adopted by a governing body of the county or municipality:64
          A minor may not be or remain in a public place or establishment between the hours of 11:00
             p.m. and 5:00 a.m. of the following day, Sunday through Thursday, except in the case of a
             legal holiday.
          A minor may not be or remain in a public place or establishment between the hours of 12:01
             a.m. and 6:00 a.m. on Saturdays, Sundays, and legal holidays.
          A minor who has been suspended or expelled from school may not be or remain in a public
             place, in an establishment, or within 1,000 feet of a school during the hours of 9:00 a.m. to
             2:00 p.m. during any school day.

         Local curfew ordinances for minors under the age of 16 are allowed to be more or less stringent
         than the statutory curfew.65

         These restrictions do not apply to a minor who is:66


60
   Section 450.161, F.S.
61
   Section 450.045(1), F.S. Such proof must include photocopies of the child’s birth certificate and driver license, an age
certificate issued by the district school board of the district in which the child is employed, certifying the child’s date of birth,
or a photocopy of a passport or visa which lists the child’s date of birth.
62
   Section 450.045(2), F.S.
63
   See Section 877.20-877.25, F.S.
64
   Section 877.22, F.S.
65
   Section 877.25, F.S.
66
   Section 877.24, F.S.
BILL: SB 1596                                                                                          Page 17

            Accompanied by his or her parent or by another adult authorized by the minor’s parent to
             have custody of the minor.
            Involved in an emergency or engaged, with his or her parent’s permission, in an emergency
             errand.
            Attending or traveling directly to or from an activity that involves the exercise of rights
             protected under the First Amendment of the United States Constitution.
            Going directly to or returning directly from lawful employment, or who is in a public place
             or establishment in connection with or as required by a business, trade, profession, or
             occupation in which the minor is lawfully engaged.
            Returning directly home from a school-sponsored function, a religious function, or a function
             sponsored by a civic organization.
            On the property of, or on the sidewalk of, the place where the minor resides, or who is on the
             property or sidewalk of an adult next-door neighbor with that neighbor’s permission.
            Engaged in interstate travel or bona fide intrastate travel with the consent of the minor’s
             parent.
            Attending an organized event held at and sponsored by a theme park or entertainment
             complex as defined in s. 509.013(9), F.S.

         A minor in violation must receive a written warning for a first violation. A minor who violates
         this section after having received a prior written warning is guilty of a civil infraction and must
         pay a fine of $50 for each violation.67

         A minor who violates a curfew and is taken into custody must be transported immediately to a
         police station or facility operated by a religious, charitable, or civic organization that conducts a
         curfew program in cooperation with a local law enforcement agency.68

         After recording pertinent information about the minor, law enforcement is required to attempt to
         contact the parent of the minor, and:69
          If successful, request that the parent take custody of the minor and must release the minor to
            the parent.
          If not able to contact the minor’s parent within 2 hours after the minor is taken into custody,
            or if the parent refuses to take custody of the minor, the law enforcement agency is
            authorized to transport the minor to her or his residence or take the child into custody as
            provided under part IV of chapter 39, F.S.

         The parent of a minor who knowingly permits the minor to violate the curfew law is required to
         receive a written warning for a first violation. A parent who knowingly permits the minor to
         violate the curfew law after receiving a prior written warning is guilty of a civil infraction and
         subject to a fine of $50 for each violation.70




67
   Id.
68
   Id.
69
   Id.
70
   Section 877.23, F.S.
BILL: SB 1596                                                                                       Page 18

III.   Effect of Proposed Changes:

       SB 1596 changes the law regulating work hours for minors.

       The bill amends the law to prohibit minors 15 years or younger from working more than 15
       hours in any one week when school is in session.

       The bill changes the time restrictions placed on minors 16 and 17 years of age.
       Currently, 16 and 17 year-olds may not work before 6:30 a.m. or after 11:00 p.m. The bill
       provides that 16 and 17 year-olds may not work before 5:30 a.m. or after 12:00 a.m. when school
       is scheduled the following day.

       Currently, 16 and 17 year-olds may not work for more than 8 hours in any one day when school
       is scheduled the following day. The bill provides that 16 and 17 year-olds may not work for more
       than 8 hours in any one day when school is scheduled the following day, except when the day of
       work is on holiday or Sunday.

       The bill also alters requirements for consecutive working days and breaks for minors 17 years
       old and younger, lowering the age limit to 15 years and younger. Currently, minors 17 years old
       or younger may not work for more than 6 consecutive days in any one week. The bill provides
       that minors 15 years old or younger may not work for more than 6 consecutive days in any one
       week.

       Currently, minors 17 years old or younger may not work for more than 4 hours continuously
       without an interval of at least 30 minutes for a meal period. The bill provides that minors 15
       years old or younger may not work for more than 4 hours continuously without an interval of at
       least 30 minutes for a meal period.

       The bill provides exemptions from the above restrictions for minors 16 and 17 years of age who
       are in a home education program or are enrolled in an approved virtual instruction program in
       which the minor is separated from the teacher by time only. DBPR is allowed to grant a waiver
       of the restrictions.

       Finally, the bill provides that an employer that violates the restrictions commits a violation of the
       law, punishable as a criminal misdemeanor and subject to a fine, pursuant to s. 450.141, F.S..

       The bill provides an effective date of July 1, 2024


IV.    Constitutional Issues:

       A.       Municipality/County Mandates Restrictions:

                None.

       B.       Public Records/Open Meetings Issues:

                None.
 BILL: SB 1596                                                                                                   Page 19

        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:

                 The bill may increase the labor available to certain employers.

                 The bill may increase labor force participation among 16 and 17-year-old individuals.

                 The bill may allow employers to forgo certain scheduling requirements regarding the
                 employment of minors.

        C.       Government Sector Impact:

                 None.

 VI.    Technical Deficiencies:

        None.

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends section 450.081 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 1596                                                                                                                        Page 20

      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 1596          Florida Senate - 2024                                        SB 1596



       By Senator Burgess




       23-00392B-24                                             20241596__           23-00392B-24                                              20241596__
1                              A bill to be entitled                          30     hours in any one day, or for more than 40 hours in any one week.
2           An act relating to the employment of minors; amending             31          (2)(a) Minors 16 and 17 years of age may shall not be
3           s. 450.081, F.S.; removing certain employment                     32     employed, permitted, or suffered to work:
4           restrictions for minors 16 and 17 years of age;                   33          1. Before 5:30 a.m. 6:30 a.m. or after 12 a.m. 11:00 p.m.
5           revising the age at which certain employment                      34     when school is scheduled the following day. or
6           restrictions apply; authorizing the Department of                 35          2. For more than 8 hours in any one day when school is
7           Business and Professional Regulation to grant waivers             36     scheduled the following day, except when the day of work is on a
8           of certain employment restrictions; specifying                    37     holiday or Sunday.
9           applicable penalties for noncompliant employers;                  38          3. For more than 30 hours in any one week when school is in
10          making technical changes; providing an effective date.            39     session, minors 16 and 17 years of age shall not work more than
11                                                                            40     30 hours in any one week.
12     Be It Enacted by the Legislature of the State of Florida:              41          (b) On any school day, minors 16 and 17 years of age who
13                                                                            42     are not enrolled in a career education program may shall not be
14          Section 1. Section 450.081, Florida Statutes, is amended to       43     gainfully employed during school hours.
15     read:                                                                  44          (3) Minors 15 17 years of age or younger may shall not be
16          450.081 Hours of work in certain occupations.—                    45     employed, permitted, or suffered to work in any gainful
17          (1)(a) Minors 15 years of age or younger may shall not be         46     occupation for more than 6 consecutive days in any one week.
18     employed, permitted, or suffered to work:                              47          (4) Minors 15 17 years of age or younger may shall not be
19          1. Before 7 a.m. or after 7 p.m. when school is scheduled         48     employed, permitted, or suffered to work for more than 4 hours
20     the following day. Or                                                  49     continuously without an interval of at least 30 minutes for a
21          2. For more than 15 hours in any one week when school is in       50     meal period; and for the purposes of this law, a no period of
22     session.                                                               51     less than 30 minutes is not shall be deemed to interrupt a
23          (b) On any school day, minors 15 years of age or younger          52     continuous period of work.
24     who are not enrolled in a career education program may shall not       53          (5) The provisions of Subsections (1)-(4) do shall not
25     be gainfully employed for more than 3 hours, unless there is no        54     apply to:
26     session of school the following day.                                   55          (a) Minors 16 and 17 years of age who have graduated from
27          (c)(b) During holidays and summer vacations, minors 15            56     high school or received a high school equivalency diploma.
28     years of age or younger may shall not be employed, permitted, or       57          (b) Minors who are within the compulsory school attendance
29     suffered to work before 7 a.m. or after 9 p.m., for more than 8        58     age limit and who hold a valid certificate of exemption issued

                                   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 1596




       23-00392B-24                                              20241596__
59     by the school superintendent or his or her designee pursuant to
60     the provisions of s. 1003.21(3).
61          (c) Minors enrolled in an a public educational institution
62     who qualify on a hardship basis, such as economic necessity or
63     family emergency. Such determination shall be made by The school
64     superintendent or his or her designee shall make such
65     determination and issue, and a waiver of hours shall be issued
66     to the minor and the employer. The form and contents thereof
67     shall be prescribed by the department.
68          (d) Minors 16 and 17 years of age who are in a home
69     education program or are enrolled in an approved virtual
70     instruction program in which the minor is separated from the
71     teacher by time only.
72          (e) Minors Children in domestic service in private homes,
73     minors children employed by their parents, or pages in the
74     Florida Legislature.
75          (6) The department may grant a waiver of the restrictions
76     imposed by this section pursuant to s. 450.095.
77          (7)(6) The presence of a any minor in any place of
78     employment during working hours is shall be prima facie evidence
79     of his or her employment therein.
80          (8) An employer who requires, schedules, or otherwise
81     causes a minor to be employed, permitted, or suffered to work in
82     violation of this section commits a violation of the law,
83     punishable as provided in s. 450.141.
84          Section 2. This act shall take effect July 1, 2024.




                                  Page 3 of 3
     CODING: Words stricken are deletions; words underlined are additions.
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                                                                                                                     Speaking: I          fo, I          Against I     lnformation OR                       Waive Speaking:   I   tn Support M.Against




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Date:         January 10,2024
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I respectfully request that Senate Bill #1596, relating to Employment of Minors, be placed on
the:
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        n      committee agenda at your earliest possible convenience

              next committee agenda.




                                            Senator Danny Burgess
                                            Florida Senate, District 23




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                                                                                                                                          Amendment Barcode (if applicable)
                              Committee


Name                         f      C                    (                                                        Phone        .3tr6 Lg2 trl'/ 3
Address           2\qtt
                  Street
                                                   lV,f. \3iIh I                                                  Email          \           \       Vc'.,         Cr-.,1\


                  City
                         I              i\
                                             '.
                                                                      !
                                                                      {

                                                                  State                      Zip
                                                                                                   l3Y

                     Speaking: I                  ror !       Against I     lnformation OR                    Waive Speaking:    I   ln Support ffAgainst



                                                                          PLEASE CHECK ONE OF THE FOLLOWING:

                 without                                                         lam a registered lobbyist,                              I am not a lobbyist, but received
 *
 ffi4i^appearing
              compensation or sponsorship.                                       representing:                                           something of value for my appearance
                                                                                                                                         (travel, meals, lodging, etc.),
                                                                                                                                         sponsored by:




This form is part of the public record for this              meeting.                                                                                           5-001 (08/10/2021)




                                                                                      The Florida Senate

                  t /g o lzozq
                    (        Medrng Date
                                                                          APPEARANCE RECORD                                          s8 l57b      Bill Number orTopic
                                                                                   Deliver both copies of this form to
               (n'.n^ e f c-e                            Ttur\ 5lvl         Senate professional staff conducting the meeting

                              Committee           ".rl                                                                                    Amendment Barcode (if applicable)


Name                                                                                                              Phone           f(e I ?gC -Bot3
Address
                  Street
                                  7a3                        "h       e                                           Email




                  City
                             L olr, " tt) r, il^ €t^              State
                                                                                          gt Lt4ot
                                                                                             Zip




                     Speaking: !                   ror !      Against I     lnformation OR                    Waive Speaking:    !   tn Support    {egainst

                                                                          PLEASE CHECK ONE OF THE FOLLOWING:

              lam appearing without                                              lam a registered lobbyist,                             I am not a lobbyist, but received
 !f           compensation or sponsorship.                                       representing:                                          something of value for my appearance
 -                                                                                                                                      (travel, meals, lodging, etc.),
                                                                                                                                         sponsored by:




This form is part of the public record for this meeting.                                                                                                        s-oo1 (08/10/2021)
                                                                         The Florida Senate

              I -3o     -:z/                                  APPEARANCE RECORD                                              5.B t49L
                    Meeting Date                                                                                                      Bill Number orTopic
                                                                       Deliver both copies of this form to
( c: n,u e rcz c.ttrl f;ot,brn                                  Senate professional staff conducting the meeting

                     Committee                                                                                                Amendment Barcode (if applicable)


Name          &r',1                                                                                    Phone       Y\/ sst- 6 Yas
Address       7Lf           l\ f        Vc),t s..: I 9,f .                                             Email                                   G        .'1. Cont
           Strcet


             Y5t
           City
                                                       it
                                                      State
                                                                                3arf,s
                                                                                 Zip




              Speaking: I           ror !        Against I      lnformation OR                    waive Speaking:    I   tn support          Against



                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

                                                                                                                             I am not a lobbyist, but received
 lgl I am appearing without                                          lam a registered lobbyist,
                                                                     representing:                                           something ofvalue for my appearance
 - compensation or sponsorship.                                                                                              (travel, meals, lodging, etc.),
                                                                                                                             sponsored by:




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




                                                                         The Florida Senate
           t ' lvl',.q
                "
                                                              APPEARANCE RECORD
                                                                                                                                      Bill Number orTopic
                    uleetini oate
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting
 fr. rn mlr Ct O[rk\ "u*r'r1h
                     Committee                                                                                                Amendment Barcode (if appllcable)


Name         /.{ er..de< ? r\e ln Cft)?.                                                               Phone               -30
Address                                                                                                Email
           Street


           trj' P. R                               GI                     331 rl .
           City                                       Stote                      Zip




              Speaking: I           ror I       Against I       lnformation OR                    WaiveSpeaking:     I   tnSupport f[4gainst


                                                              PLEASE CHECK ONE OF THE FOLLOWING:

      anappearing without                                            lam a registered lobbyist,                              I am not a lobbyist, but received
 ffl compensation or sponsorship.                                    representing:                                           something ofvalue for my appearance
 -                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                             sponsored by:




This form is part of the public record for this meeting.                                                                                            s-oo1 (o8/1o/2o21)
         t',jq                -?.,?
                                                                                   The Florida Senate

                                                                    APPEARANCE RECORD                                                                                  t{f 6
                                                                                                                                                                     Bill Number orTopic
                       Meeting Date
                                                                                Deliver both copies of this form to

        Co* 4{                            -r                            Senate professional staff conducting the meeting

                        Committee                                                                                                                             Amendment Barcode (if applicable)


   Name                                                                                                             Phone                             n3                                       LN

  Address
          t-L4 g
              Street
                                                            *r                                   D   ft4            Email                                Jr
                                                                                                                                                         I
                                                                                                                                                              c

                                                                                                                                                                  caW
                                                                                                                                                                                  7+l

              City                                          State                          Zip




                  Speaking: I           ror. I Against !                 lnformation OR                      Waive speaking:                       ln support       ' ffiainst

                                                                     PLEASE CHECK ONE OF THE FOLLOWING:


    d     lam appearing without
          compensation or sponsorship.
                                                                              lam a registered lobbyist,
                                                                              representing:
                                                                                                                                                             I am not a lobbyist, but received
                                                                                                                                                             something ofvalue for my appearance
                                                                                                                                                             (travel, meals, lodging, etc.),
                                                                                                                                                             sponsored by:




  This form is part of the public record for this   meeting.                                                                                                                              5-001 (08/10/2021)




                                                                                    The Florida Senate

                        Meeting Date
                                                                     APPEARANCE RECORD
                                                                                Deliver both copies of this form
                                                                         -
                                                                         5enate professional staff conducting
                                                                                                                  to                                                  Bill Number orTopic
                                                                                                               the meeting
                         Committee
                                                                                                                                                              Amendment Barcode (if applicable)
   Name
                                                                                                                    Phone

  Address
              Street                                                                                                Email




                                                                                          Zip


                speaking: !            ror !        Against !           tnformation OR                      waive speaking:                !      tn support
                                                                                                                                                                     Mu
                                                                    PLEASE CHECK ONE OF THE
                                                                                                              FOLLOWING:
        lam appearing without
        compensation or sponsorship.                                         lam a registered lobbyis!
                                                                                                                                                        I am not a lobbyist but received
                                                                             representing:
                                                                                                                                                        something of value for my appearance
                                                                                                                                                        (travel, meals, lodging, etc.),
                                                                                                                                                        sponsored by:


While it is a tradition to encourage
                                     public testimony, time moy not permit
that as many persons as possible can                                       all persons wishing to speak to
                                       be heard. lfyou have questions                                      be heard at this hearing.Those who
                                                                       about registering                                                      do speak may be asked to timit
                                                                                       to lobby please see Fla. Stat. gl 1 .045                                              their remarks             so
                                                                                                                                  and Joint Rule I 202 0-2022 I oi ntR u I
                                                                                                                                                                             es.pdf (flse n ate.gov)
This form is part of the public
                                  record forthis meeting.

                                                                                                                                                                                      s-001 (08/10/2021)
                                                                         The Florida Senate
       A 3o 2oLV
                      Meeting Date
                                                              APPEARANCE RECORD                                            r8 4J9e Bill Number orTopic
                                                                       Deliver both copies of this form to

                     ota   h &1"                                Senate professional staff conducting the meeting

                       Committee                                                                                            Amendment Barcode (lf applicable)


Name               s2ptlAN tQnh?6 l-l R                                                               Phone


Address
                   2|s N-t&Kn JnuB gS pr?                                                             Email
            Street


            Phl Towa B€ACI                                     rr                    32'a +7
            City                                      Stote                      Zip




               Speaking: f            ror !        Against I    lnformation OR                    WaiveSpeaking:   I   lnSupport ffi Against


                                                              PLEASE CHECK ONE OF THE FOLLOWING:
 t-1 tam appearing without
 lY I                                                                lam a registered lobbyist.                            I am not a lobbyist, but received
 ----\ compensation orsponsorship.
 lSI
                                                                     representing:                                         something of value for my appearance
                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                           sponsored by:




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




                                                                         The Florida Senate
                   Sc)                                        APPEARANCE RECORD                                         Sn rsFc
                            ng Date                                                                                                Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                       Committee                                                                                            Amendment Barcode (if applicable)


Name                                                                                                  Phone              tt
Address /                                                                 /                           Email
            Street


            fludto                                  F<                   <:757r)
            City                                      State                      Zip




               Speaking: f            ror I        Against I    lnformation OR                    WaiveSpeaking:   !   lnSupport ]ffiinst


                                                              PLEASE CHECK ONE OF THE FOLLOWING:

 l!4frappearing without                                              tam a registered lobbyist,                            I am not a lobbyist, but received
       compensation or sponsorship.
                                                                !    representlng:                                         something of value for my appearance
                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                           sponsored by:




This form is part of the public record for this meeting.                                                                                         s-001 (o8/1o/2o21)
                                                                          The Florida Senate
              6                                               APPEARANCE RECORD                                             SB t5at
                           ng Date                                                                                                   Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                     Committee                                                                                               Amendment Barcode (if applicable)


Name              shl4         1,,1           v n Cl_ur                                               Phone


Address           651 e&K Pk*                                                 / 3(Y                   Email
           Street


             )ueb6n0r t{<- f-L                                       kz{b
           City                                       State                      Zip




              Speaking: I             ror I      Against !      lnformation OR                    Waive Speaking:   I   tn Support    ffia*,

                                                              PLEASE CHECK ONE OF THE FOLLOWING:

     I am appearing without                                          lam a registered lobbyist,                             I am not a lobbyist, but received
 !2[ compensation  or sponsorship.                                   representing:                                          something of value for my appearance
 -                                                                                                                          (travel, meals, lodging, etc.),
                                                                                                                            sponsored by:




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




                                                                         The Florida Senate
          - 3u - Tttl'i                                       APPEARANCE RECORD
                    Meetino Date                                                                                                     Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                     Committee                                                                                               Amendment Barcode (if applicable)


Name                          V\                                                                      Phone


Address               It                                                                              Email
           Street




           City                                       St1te                      zip



              Speaking: I             for I      Against !      lnformation OR                    WaiveSpeaking:    I   tnSupport ffi3gainst


                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

                                                                                                                           I am not a lobbyist, but received

 F     lam appearing without
       compensation or sponsorship.
                                                                     lam a registered lobbyist,
                                                                     representing:                                         something ofvalue for my appearance
                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                           sponsored by:




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

             I            3o
                          Meeti
                                    ap
                                  Date
                                                                     APPEARANCE RECORD
                                                                                                                                                                    Bill           orTopic
                                                                                  Deliver both copies of this form to

                          ,llrlhz(c e                                      Senate professional staff conducting the meeting

                           Committee                                                                                                                        Amendment Barcode (if applicable)


   Name                                                                                                               Phone


   Address                                                                                                            Email
                 Street


                                                                                              33
                                                             State                            Zip




                    Speaking: I          ror I         Rgainst I           lnformation OR                      WaiveSpeaking:                 !     tnsupport                Against



                                                                      PLEASE CHECK ONE OF THE FOLLOWING:

          lam appearing without                                                 lam a registered lobbyist,                                                I am not a lobbyist, but received
          compensation or sponsorship.                                          representing:                                                             something of value for my appearance
                                                                                                                                                          (travel, meals, lodging, etc.),
                                                                                                                                                          sponsored by:.

                                                                                                                                                       {arurrv'fb,r                       t2        0




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




                                                                                      The Florida Senate
                          3o
                                                                      APPEARANCE RECORD                                                                         t57 b
                          ,t1^wfufc9-                                              Deliver borrr copies of this tbrm
                                                                           -)enate professjonal                      to                                              Bill Number orTopic
                                                                                                staffconductinq the meetinq



   Name                                tn           C,                         1                                      Phone
                                                                                                                                                             Anrend ment Barcode (if applicable)




   Address
                                                                                                                      Email

                          ,0\!)
                 City
                                            /
                                                             Stote
                                                                                      3z
                                                                                            Zip
                                                                                                       I
                   speaking: !           ror !       Against !             tnformation OR                    waive speaking:
                                                                                                                                             !     tn support               Against

                                                                     PLEASE CHECK ONE OFTHE
                                                                                                               FOLLOWTNG:
        lam appearing without
                                                                              f am a registered lobbyist,
        compensation or sponsorship.                                   !      representing:                                                             I am not a lobbyist, but
                                                                                                                                                                                 received
                                                                                                                                                        something of value for my appearance
                                                                                                                                                        (travet, meals, lodging, etc.),
                                                                                                                                                        sponsored by:


While it is a tradition to encourage
                                     public testimony, time
that as nany persons as possible                            may not permit all persons wishing
                                    can be heard. tfyou have questions                          to speok to be heard at t!,:s^h.e:ring
                                                                       about registering to lobby please                               Those who do speak may
                                                                                                                                                              be asked to limit their remarks
                                                                                                         see Fta. Stat. S 1 1 .045
                                                                                                                                     and Joint Rut.- t. ZaZo nZ:io'irtauA                           so
This form is part of the public                                                                                                                                             ialiirJro,ni.r,.r,ri'
                                  record for this meeting.

                                                                                                                                                                                   s-001 (08/10/2A21)
                                                                              The Florida Senate
      t I zolvt                                                    APPEARANCE RECORD                                                 6qb
          J         MJetins Date
                                                                            Deliver both copies of this form to
                                                                                                                                             Bill Number orTopic

                                                                     Senate professional staff conducting the meeting
        Qptxw{-,{cu
                     Committee                                                                                                       Amendment Barcode (if applicable)


Name            /-Proar,t                         LK          la                                             Phone


Address                                                                                                      Email
           Street


                                                                                          3
                                                      State                           Zip




              Speaking: !           ror I          Against !         lnformation OR                       waive Speaking:   !   ln Support          Against



                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                              I am a registered lobbyist                                I am not a lobbyist, but received

       compensation or sponsorship.                                       representing:                                             something ofvalue for my appearance
                                                                                                                                    (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:

                                                                                                                                             (           Arw

This form is part of the public record for this   meeting.                                                                                                 5-001 (08/10/20211'




                                                                              The Florida Senate
         rls, la*                                              APPEARANCE RECORD                                                       t5tu
                    naJeting 6ate                                                                                                            Bill Number orTopic
                                                                            Deliver both copies of this form to
---T 0pf^,t*ft-e--                                                  Senate professional staff conducting the meeti ng

                     Committee                                                                                                       Amendment Barcode (if applicable)


Name                                                                                                         Phone


Address                                                                                                      Email
           Strcet


                                        J                                           3sos a
                                                                                      Zip




              Speaking: !           ror !          Against !         tnformation OR                       Waive Speaking:   !   tn Support          Against



                                                                   PLEASE CHECKONE OFTHE FOLLOWING:

                                                                          I am a registered   lobbyist,                             I am not a lobbyist, but received
       lam appearing without
       compensation or sponsorship.                                       representing:                                             something ofvalue for my appearance
                                                                                                                                    (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record for this   meeting.                                                                                                 5-001 (08/10/2021)
                                                                          The Florida Senate
              0                                               APPEARANCE RECORD                                                6qa    Bill Number orTopic
                     Meeti   Date
                                                                        Deliver both copies of this form to
                    o\x                                         Senate professional staff conducting the meeting

                      Committee                                                                                                Amendment Barcode (if applicable)


Name                                                                                                    Phone


Address                                                                                                 Email
           Street




                                                      State                       Zip




              Speaking: I           ror f] Aqainst I lnformation OR                                waivespeaking: !      lnSupport            Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                         I am a registered lobbyist,                              I am not a lobbyist. but received

       compensation or sponsorship.                                  representing:                                            something ofvalue for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:

                                                                                                                         i*;;;';;bur hpcpi,

This form is part of the public record for this meeting.                                                                                                5-ool (08/10/2021)




                                                                         The Florida Senate

                                                              APPEARANCE RECORD                                                 l,<q/'
                             Date                                                                                                     Bill Number orTopic
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting
                    #tt
                     Committee                                                                                                Amendment Barcode (if applicable)


Name                                                                                                   Phone


Address                                                                                                Email
           Street


                                                              L.
                                                                                 Zip




              Speaking: !           ror !       Against !          lnformation OR                  waive Speaking:   I   tn Support           Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

      lam appearing without                                          lam a registered lobbyist,                              I am not a lobbyist, but received

      compensation or sponsorship.                                   representing:                                           something ofvalue for my appearance
                                                                                                                             (travel, meals. lodging, etc.),
                                                                                                                             sponsored by:


                                                                                                                     fn n,rrw o {\:"n t4ncc d9, o

This form is part of the public record for this meeting.                                                                                             s-001 (o8/10/2021)
                                                                            The Florida Senate
                    o a                                       APPEARANCE RECORD                                                       islb   Bill Number orTopic
                                                                          Deliver both copies of this form to
                  0'rML(U.--                                       Senate professional staff conducting the meeting

                     Committee                                                                                                       Amendment Barcode (if applicable)


Name                                                                                                      Phone


Address                                                                                                   Email
           Street




           City                                       State
                                                              t-                  a3d
                                                                                    Zip




              Speaking: I            ror !      Against !          lnformation OR                     waive Speaking:       I   ln Support           Against



                                                              PLEASE CHECKONE OFTHE FOLLOWING:

      lam appearing without                                             lam a registered lobbyist,                                  I am not a lobbyist, but received

      compensation or sponsorship.                                      representing:                                               something of value for my appearance
                                                                                                                                    (travel, meals, lodging, etc.),
                                                                                                                                    sponso red by:




This form is part of the public record for this meeting.                                                                                                   s-001 @8/10/2021)




                                                                            The Florida Senate
           tll, )tq                                           APPEARANCE RECORD                                                        l116
                     Meeting Date                                                                                                            Bill Number orTopic
                                                                          Deliver both copies of this form to

  Connrrre              4   J       'T't'wts\                      Senate professional staff conducting the meeting

                      Committee                                                                                                      Amendment Barcode (if applicable)


Name
                            4-f               rl\5                                                        Phone         a                             L
Address             ll3tt a |v(tt AtE                                                                     Email       Bo'r,       llul I
           Street


             0 Ado                                  l:i-                      3t-*n
           City                                       State                         Zip




              Speaking: !            ror !      Against !          lnformation OR                     Waive Speaking:       !   ln Support fr-nguinst



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

A      lam appearing without
       com pensation or sponsorship.
                                                                        I am a registered lobbyist,
                                                                        representing:
                                                                                                                                    I am not a lobbyist, but received
                                                                                                                                    something ofvalue for my appearance
                                                                                                                                    (travel, meals, lodging, etc.),
                                                                                                                                    sponsored by:




This form is part of the public record for this meeting.                                                                                                   s-oo'r (08/10/2021)
                                                                               The Florida Senate
      6r
                              Date
                                                                APPEARANCE RECORD                                                        3Bt Er9'u     Bill Number orTopic
                                                                             Deliver both copies of this form to

e ovrrt                              <-                                      professional staFf conductlng the meeting

                                                                                                                                               Amendment Barcode (if applicable)


Name                                                                                                          Phone


Address                                                                                                       Email
                                         I
                                     ndc ^ru
            Street




            City                                        State
                                                                              9-608    zip



               Speaking: !           ror !         Against I         lnformation OR                      waive Speaking:         !     tn Support
                                                                                                                                                        ffinu,n,,
                                                                 PLEASE CHECK ONE OF THE FOLLOWING:

 l\/l lam appearing without                                         !     tam a registered lobbyist,                                         I am not a lobbyist, but received
 'f<-.or p"nration or sponsorship.                                        representing:                                                      something ofvalue for my appearance
  t                                                                                                                                          (travel, meals, lodging, etc.).
                                                                                                                                             sponsored by:




This form is part of the public record for this   meeting.                                                                                                             S-OO1 (08/10/2021)




                                                                               The Florida Senate
      '/-
            3a-nel                                              APPEARANCE RECORD                                                                /&u    Bill Number orTopic
                     Meeting Date
                                                                             Deliver both copies of this form to
                                                                     Senate professional staff conducting the meeting

                      Committee                                                                                                                Amendment Barcode (if applicable)


Name               S|nnn,trt                                                                                  Phone       4io,1-lp-                        a
Address                                      I                                                                Email
            Street




                                                        State                          Zip




               Speaking: !           ror E Against !                    lnformation OR                   Waive Speaking:          !    ln Support        Sngainst


                                                                 PLEASE CHECK ONE OF TH

       lam appearing without                                                                 lobbyist,                                        I am not a lobbyist, but received

       compensation or sponsorship.                                                                                                           something of value for my appearance
                                                                                                                                              (travel, meals, lodging. etc.),




          a trodition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this hearing.Those who do speak may be asked to limit their remarks so



This form is part of the public record for this meeting.                                                                                                               s-001 (o8/10/2021)
                                                                                            The Florida Senate
                        3u
                         Meeting Date
                                                                              APPEARANCE RECORD                                                                 q
                                                                                         Deliver both copies of this form
           L (rr.                                                                .
                          Committee
                                   ,^61   Tr.-                                   )enare professional staff
                                                                                                                              to
                                                                                                             conducting the meeting
                                                                                                                                                           Bill Number orTopic




    Name                                         -{.-                 G.                                                                          Amendment Barcode (if applicable)

                                                                                                                            Phone                     )      3 -?" Fo
   Address ,l /\
               Street
                                    So                                S        C4", e     I                                 Email
                                                                                                                                                                      orL douq.


               City                                                                           a21o
                                                             State
                                                                                                 Zip


                 Speaking: !             for                 inst I tnformation
                                                                                OR                                   waive speaking:
                                                                                                                                       !   ln support
                                                                                                                                                          {eguinrt
                                                                          P   ,ror CHECK ONE OF THE FOLLOWTNG:
        lam appearing without
        compensation or sponsorship.
                                                                              ffi representing:
                                                                                  t
                                                                                    "*a
                                                                                        registered lobbyist,
                                                                                                                                              I am not a lobbyisf
                                                                                                                                                                  but received
                                                                                                                                              something of value for my
                                                                                                                                                                              appearance
                                                                                                                                              (rravet, meals, lodging,
                                                                                                                                                                         etc.),
                                                                                                                                              sponsored by:

While it is a tradition to
                           encourage public testimony,
that os many persons as possible                       time may not permit all persons
                                   can be heard. lfyou have questions                  wishing to speak to be heord
                                                                      about registering to lobby ptease
                                                                                                                    at
                                                                                                               see Flo. Stat. g                                                            JO
This form is part of the public
                                  record for this meeting.

                                                                                                                                                                      s-001 (o8/10/2021)




                                                                                          The Florida Senate


                        Meeting Date
                                                                          APPEARANCE RECORD                                                                   /vf6
                                                                                                                                                          Bill Number orTopic
                                                                                        Deliver both copies of this form to
                                                                                Senate professional staff conducting the meeting
                                                             11   / Sm
                         Committee                                                                                                                Amendment Barcode (if applicable)


   Name               4r                                                                                                    Phone                                                 {

   Address                                                                                                                  Email      (                                          t   o
               Street

                                                                                                               (
               City                                           State                               Zip




                  speaking: !             ror I        Against !                lnformation OR                       Waive Speaking:   I   ln Support            Against



                                                                              PLEASE CHECK ONE OF THE FOLLOWING:

         lam appearing without                                                       I am a registered   lobbyist,                              I am not a lobbyist, but received
     lt/ compensation or sponsorship.                                                representing:                                              something ofvalue for my appearance
     -                                                                                                                                          (travel. meals, lodging. etc.),
                                                                                                                                                sponsored by:




   This form is part of the public record forthis meeting.                                                                                                                  s-00r (o8/10/202't)
                                                                            The Florida Senate

      \- Jb - at4                                               APPEARANCE RECORD                                                   t 510
                    Meeting Date                                                                                                      Bill Number orTopic
                                                                         Deliver both copies of this form to

CooAne.q (.a c.                                                   Senate professional staff conducting the meeting

                     Committee
                                ".J Tov ( is n-                                                                                Amendment Barcode (if applicable)
                                                                                                                     ulo'l- 1t 7-17o?
Name          Toa.t Pc c.t osf                                                                           Phone


Address {?
           Street
                        fSa                  .B                                                          Email   +c
                      tu^                                                           -) vl
           City                                         State                      Zip




              Speaking: !           ror !          Against I      lnformation OR                    waiveSpeaking: !      lnSupport fingainst


                                                                PLEASE CHECK ONE OF THE FOLLOWING:

        am appearing without                                           lam a registered lobbyist,                             I am not a lobbyist, but received
       compensation or sponsorship.                                    representing:                                          something of value for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:




This form is part of the public record for this meeting.                                                                                            s-oo1 (08/10/2021)




                                                                           The Florida Senate
               \            o
                    Meeting Date
                                                                APPEARANCE RECORD                                            <('t51 U Bill Number orTopic
                                                                         Deliver both copies of this form to
                                                                  Senate professional staff conducting the meeting

                     Committee                                                                                                 Amendment Barcode (if applicable)


Name         \zlt*-Davrruv
              ,-           - A"bb o\ \-                                                                  Phone               O                   c6/
                                                    J
Address ?f r r                  S\ frn&vn-i,u: -},'/                                                     Email
           Street


                                                                 (
           City                                         State                      Zip




              Speaking: !           ror !'ngainrt !               lnformation OR                    Waive Speaking:     n ln Support @nu'nu

                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                             I am not a lobbyist, but received

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




This form is part of the public record for this   meeting.                                                                                          5-001 (08/10/2021)
                                                                             The Florida Senate
                    'jc                                                                                                         s6t516
                                 f,.                            APPEARANCE RECORD
                              ng Date                                                                                                    Bill Number orTopic
                                                                         Deliver both copies of this form to

 { o intvlurter' {                         Tuu4: s*''             Senate professional staff conducting the meeting

                       Committee                                                                                                 Amendment Barcode (if applicable)
                                                                        i
                    SIzve                          \,t/ I y,r:\ 6s.5LG                                               V oz-g 5 L- ) i61
Name                                                                                                    Phone


Address      37c+7 S f"n t],t u-,), ,i, ,r                            W At/                             Email
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              G                                         pL                      ?q739
           City
                "Vtz,n                                  State                       Zip




                 Speaking: I               ror I    Against I     lnformation OR                    Waive Speaking:     !   tn Support EQouintt



                                                                PLEASE CHECK ONE OF THE FOLLOWING:

 N compensation
   lam appearing without
                   sponsorship.
                         or
                                                                  T    lam a registered lobbyist,
                                                                       representing:
                                                                                                                                I am not a lobbyist, but received
                                                                                                                                something of value for my appearance
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:




This form is part of the public record for this meeting.                                                                                                s-001 (o8/'to/2021)




                                                                             The Florida Senate
             I    l 70 lzouv                                    APPEARANCE RECORD                                             bB vsq"v
                       Meetihg Date                                                                                                      Bill Number orTopic
                                                                         Deliver both copies of this form to
  (a pptrnvr anot o^t lrr,nta^                                    Senate professional staff conducting the meeting

                        Committee                                                                                                Amendment Barcode (if applicable)

                 i\4,on,n                     {JnhJon                                                           (+ut> q4 z -v U b
Name
                                       ^                                                                Phone                                   c--t




Address           b%uz 6"tle G                                                                          Email
                                                                                                                     yl sxwo00b3 Ot[ olr' o . (,Dw
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                 b,r           L"              V>                           Lob U
           City                                         Stdte                       Zip




                 Speaking: !               ror !     Against I    tnformation OR                    Waive Speaking:     I   ln Support    {ngainst

                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                               I am not a lobbyist, but received
       compensation or sponsorship.                                    representing:                                            something of value for my appearance
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:




This form is part of the public record for this    meeting.                                                                                             S-O0l (08/10/2021)
                                                                            The Florida Senate
       , i 70/ Lo?-t{                                         APPEARANCE RECORD                                                                   s ot6
                     Meeting Date                                                                                                         Blll Number orTopic
                                                                          Deliver both copies of this form to
                                                                   Senate professional staff conducting the meeting

                      Committee                                                                                                   Amendment Barcode (if applicable)


Name                 fv1<r\ - o\
                                      ^                .)           Svwr      +t                         Phone           3tt-       ?gs               <5 ?i

Address z qq                   f^{               T          \ore S                                       Email
           Street


                        -l-,                                  fL
           City
                                              "L      State                         Zip




              Speaking: !           ror !       Against I          lnformation OR                    Waive Speaking:     I   ln Support    ffigainst

                                                               PLEASE CHECK ONE OF THE FOLLOWING:

 |U,-Wam appearing without                                              lam a registered lobbyist,                               I am not a lobbyist, but received
      compensation or sponsorship.                                      representing:                                            something ofvalue for my appearance
 -                                                                                                                               (travel, meals. lodging, etc.),
                                                                                                                                 sponsored by:




This form is part of the public record for this meeting.                                                                                                    s-oo1 (08/10/2021)




                                                                             The Florida Senate
  I I so Iz"l                                                  APPEARANCE RECORD                                              15q G - iZ*,"t. u-1. nJ
                     Meeting Date                                                                                                         Bi I I Numbei   or Toii. yv1,,ry-g
                                                                          Deliver both copies of this form to
                             -i-uar,.rr                            Senate professional staff conducting the meeting
     C6v".r^,"u,.,        d-
                      Committee
                                          -                                                                                       Amendment Barcode (if applicable)


Name                                                                                                     Phone
                                                                                                                      gSa "_zzq _LZSv

Address       ?,3r> S" {Lkrn* 5l-.                                                                       Emair q-.*"lcel-[O l-la, ora
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           Street


             \ c"l                             {/                                       o
           City                                       State                         Zip




              Speaking: I           ror !       Against !          lnformation OR                    Waive Speaking:     {nrurro,, I             Against



                                                               PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without
                                                                   _-/ am a registered lobbyist,                                I am not a lobbyist but received
       compensation or sponsorship.
                                                                   /f   I
                                                                        representinq:                                           something ofvalue for my appearance
                                                                   -
                                                    Flon,ao ?tsfu**l 1 Lodg,i"5
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:

                                                                  [B:oct$"'"

This form is part of the public record for this meeting.                                                                                                    s-ool (08/10/202r)
                                                                           The Florida Senate
      .\=o\z--t
                    Meeting Date
                                                              APPEARANCE RECORD                                                I        \51 t"
                                                                                                                                       Bill Number orTopic
                                                                         Deliver both copies of this form to
    Co rm,Cvr<( (-<                l                              Senate professional staff conducting the meeting

                     Committee                                                                                                 Amendment Barcode (if applicable)


N                                  &                                                                     Phone


Address       sz-q L^J D t-F!?s <f, TXo.^.\
           Street
                                                                                                         Email                              a6                     a
                                                                                         F.=ne<q
           City                                       State                        Zip




               Speaking: tr ror I                  Against I      lnformation OR                    WaiveSpeaking:    I   lnSupport 6;


                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                             I am not a lobbyist, but received
       compensation or sponsorship.                                    representing:                                          something ofvalue for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:




This form is part of the public record for this   meeting.                                                                                              S-OO1 (08/10/2021\




     l- 3c          Meeting
                                                                           The Florida Senate

                                                              APPEARANCE RECORD                                           3B IS?       Bill Number or
                                                                         Deliver both copies ofthis form to
                      ('
    AllTW                               "r(
                                         U
                                                                  Senate professional staff conducting the meeting

                     Committee                                                                                                 Amendment Barcode (if


Name                                                          b                                          Phone   3
Address                                                                                                  Email                                          Co

            City                                      State                        Zip




               Speaking: I             ror f] Against !           lnformation OR                    Waive Speaking:   I   tn support         Against



                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                             I am not a lobbyist, but received
       compensation or sponsorship.                                    representing:                                          something of value for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:




This form is part of the public record for this   meeting.                                                                                              S-OO1 (08/10/2021)
                                                                         The Florida Senate
                       1o ?t{                                 APPEARANCE RECORD                                                 SB                  Eq6
                       Meeting Date                                                                                                   Bill Number orTopic


r/O\lt\\€i-                 t
                          Committee
                                      oo( il
                                                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                                                                                                                              Amendment Barcode (if applicable)


Name                   [,Ur rri^,) Pe ,n€ z                                                            Phone
                           /'L
Address                                                                                                Email
              Street


                     P^                0
              City                                    State                      zip



                 Speaking: !           ror I      Against !     lnformation OR                    Waive Speaking:   I    ln Support
                                                                                                                                      $      onu'nu


                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                         lam a registered lobbyist,                              I am not a lobbyist, but received
                           or sponsorship.                           representing:                                           something ofvalue for my appearance
                                                                                                                             (travel, meals, lodging, etc.),
                                                                                                                             sponsored by:




This form is part of the public record for this meeting.                                                                                            s-oo1 (08/10/2021)




         I 3.u z
                                                                         The Florida Senate

                                                              APPEARANCE RECORD
                                                                                                                           tv t 276
                       Meeting Date                                                                                                   Bill Number orTopic
                                                                       Deliver both coples of this form to
                                                                Senate professional staff conducting the meeting

                          Committee                                                                                           Amendment Barcode (if applicable)
                                             \
                                                                                                       Phone
                                                                                                                         - f &,1-filt7
Name


Address                                                                                                Email
                                                                                                                   ^fl
              Street


               il/,il;b                               4L^                      7 6o'a/-
              City                                    State                      Zip




                 Speaking: I            for !      Against !    tnformation OR                    Waive Speaking:   I    tn Support    ffigainst

                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                         lam a registered lobbyist,                              I am not a lobbyist, but received
       compensation or sponsorship.                                  representing:                                           something ofvalue for my appearance
                                                                                                                             (travel, meals, lodging, etc.),
                                                                                                                             sponsored by:




This form is part of the public record for this   meeting.                                                                                          5-001 (08/10/2021)
                                                                           The Florida Senate
          I - Eo ^7azc1                                         APPEARANCE RECORD                                                 {5
                    Meeting Date                                                                                                          Bill Number orTopic
                                                                         Deliver both copies of this form to
                                                                  Senate professional staff conducting the meeting

                     Committee                                                                                                   Amendment Barcode (if applicable)


Name                d                               u                                                    Phone


Address 1         oo? L< J Lr: J Ar"-                                                                    Email
           Street


          T ct i lahqss
                                 (<                 fL                         jLTo 9
           City                                         St0te                      Zip




              Speaking: !           ror !          ngainst I      lnformation OR                    waive Speaking:     !   tn support           Against



                                                                PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                               I am not a lobbyist, but received

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




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




                                                                           The Florida Senate

           rlz, lzv                                             APPEARANCE RECORD                                              3bis7b     Bill Number orTopic
                    Meetr/ng Date
                                                                         Deliver both copies of this form to
                                                                  Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name        Ars+t,i Pgabu-                                                                               Phone       6Yd s/L^ b rb /
Address      \utb al Coa*t
           Street
                                                        k/                b                              Email


             (?.h,Asda                 h                Ft
           City                                         State               "'G567 Zip




              Speaking: f]          ror !          Against !      lnformation OR                    waive Speaking:     I   tn Support
                                                                                                                                           funouinrt

                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                           lam a registered lobbyist,                               I am not a lobbyist, but received
       compensation or sponsorship.                                    representing:                                            something ofvalue for my appearance
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:




This form is part of the public record forthis meeting.                                                                                                   s-oo1 (o8/1o/2o21)
                                                                          The Florida Senate
      'tlz,tbu
TUI
                                                              APPEARANCE RECORD
      /              t   Mdeting Date                                                                                                  Bill Num   orTopic
                                                                        Deliver both copies of this form to
                                                                 Senate professional staff conducting the meeting

                                                                                                                               Amendment                applicable)


Name                                                                                                    Phone


Address                                                                                                 Email
              Street




              City                                    State                       Zip




                 Speaking: !            ror !   Against I        lnformation OR                    Waive Speaking:    I   tn Support    ff ngainst

                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

          lam appearing without                                       lam a registered lobbyist,                              I am not a lobbyist, but received

          compensation or sponsorship.                                representing:                                           something ofvalue for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:




This form is part of the public record for this meeting.                                                                                             s-001 (08/10/2021\




                                                                          The Florida Senate
                            )o                                APPEARANCE RECORD
                              ng                                                                                                       Bill Number orTopic
                                                                        Deliver both copies of thls form to
                                                                 Senate professional staff conducting the meeting
                                                     ,/ I5 tt4
                          Committee                                                                                            Amendment Barcode (if applicable)


Name                                                                                                    Phone


Address                       'l                                                        t)              Email       Anrtfb)c*l€ t'rf@
              Streel
                                                                                                                              O\Lf ioak.(8w
                                        0i--
              City                                    State                       Zip




                 Speaking: !            ror !   Against I        lnformation OR                    WaiveSpeaking:     I   tnsupport           Against
                                                                                                                                       F
                                                              PLEASE CHECK ONE OF THE FOLLOWING:

          lam appearing without                                       lam a registered lobbyist,                              I am not a lobbyist, but received



F         compensation or sponsorship.                                representing:                                           something of value for my appearance
                                                                                                                              (travel, meals, lodging, etc.),
                                                                                                                              sponsored by:




Thisform is part of the public record forthis meeting.                                                                                               s-ool (08/10/2021)
                                                                              The Florida Senate

    l- lo ">tt                                                    APPEARANCE RECORD
                                                                                                                                         Bill Number orTopic
                    Meeting Date
                                                                           Deliver both copies of this form to
                                                                    Senate professional staff conducting the meeting

                     Committee                                                                                                   Amendment Barcode (if applicable)


Name                                              n                                                       Phone

                                       l.L
Address                                                                                                   Email
           Street


            (,cot (ocr I                               ?L                          jiqqn
           cny I                                      State                          Zip




               Speaking: !          ror I        Against [] lnformation OR                            Waive Speaking:   I   ln Support   (      nguinrt


                                                                  PLEASE CHECK ONE OFTHE FOLLOWING:


 K     lam appearing without
       compensation or sponsorship.
                                                                         lam a registered lobbyist,
                                                                         representing:
                                                                                                                                I am not a lobbyist, but received
                                                                                                                                something ofvalue for my appearance
                                                                                                                                (travel, meals. lodging, etc.),
                                                                                                                                sponsored by:




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




                                                                             The Florida Senate
          ils, le+  Mee{ns Date
                                                                  APPEARANCE RECORD                                                 l5qt,
                                                                                                                                         Bill Number orTopic
           f                                                               Deliver both copies of this form to
      (',ot^rnp,trc-o-
       "                                                            Senate professional staff conducting the meeting

                    Committee                                                                                                    Amendment Barcode (if applicable)


Name                     fure-n                               o                                           Phone        Kqb - sz i - 13K1,

Address     51q d, 0*ir Jf                                                                                Emair                                           . (atw:
           .G tn'/"rno.- f                                           t
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                                                                                  Jzvo t
           City                                       Stote                          Zip




               Speaking: I          for          Against !          lnformation OR                    WaiveSpeaking:    !   tnsupport !         Against



                                                                  PLEASE EHECK ONE OF THE FOLLOWING:

       lam appearing without                                                                                                    I am not a lobbyist, but received
       compensation or sponsorship.
                                                                    l![ lam a registered lobbyist,
                                                                        representing:                                           something ofvalue for my appearance
                                                                                                 A

                                                                   f= lo '     k-nf" P(                       ot
                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                sponsored by:

                                                                       fifucal I           fconorvt't' rouT



This form is part of the public record for this meeting.                                                                                               s-oo1 (08/10/2021)
                                                                                   The Florida Senate


                                      Date
                                                                     APPEARANCE RECORD                                                   sB lt ?6Bill Number orTopic
                                                                                Deliver both copies of this form to

                              4- A lottri 5m                             Senate professional staff conducting the meeting

                             Committee                                                                                                    Amendment Barcode (if applicable)


    Name                0^i s          (-                ft                                                      Phone


    Address                                                                                                      Email
               Street




               City                                          State                        Zip




                  Speaking: !                     for   Against !        lnformation OR                       waive Speaking:   !   tn Support    !     Against



                                                                     PLEASE               ONE OF THE FOLLOWING:

           lam appearing without                                              I am a registered   lobbyist,                             I am not a lobbyist, but received
           compensation or sponsorship.                                       representing:                                             something of value for my appearance
                                                                                                                                        (travel, meals, lodging, etc.),
                                                                         StY Ac\ 'ott                                                   sponsored by:




    This form is part of the public record forthis meeting.                                                                                                    s-001 (08/10/2021)




                                                                                  The Florida Senate
                'r .r'
                 i '.

                            Meeting Date
                                                                     APPEARANCE RECORD                                              50 151'e     Bill Number orTopic
4                                                 _d.                           Deliver both copies of this form to

.' ( ) /?'l n,tC; r 4f' y' Ior:, tft, th                                 Senate professional staff conducting the meeting
                        t
                             Committee                                                                                                   Amendment Barcode (if applicable)
                   !J

    Name
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                            i rr,rQ f--
                                              ",f       11           e                                           Phone      1
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    Address
               Street
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                                  v
                                             tl
                                                             State
                                                                         v'4E ?           zip



                  Speaking: !                 ror I     Against !        lnformation OR                       Waive Speaking:   I   ln support
                                                                                                                                                 rffonu,nu

                                                                     PLEASE CHECK ONE OF THE FOLLOWING:

           lam appearing without
           compensation or sponsorship.
                                                                              lam a registered lobbyist,
                                                                              representing:
                                                                                                                                    T   I am not a lobbyist, but received
                                                                                                                                        something ofvalue for my appearance
                                                                                                                                        (travel, meals, lodging, etc.),
                                                                                                                                        sponsored by:




    This form is part of the public record for this meeting.                                                                                                   5-001 (08/10/2021)
                                                                          The Florida Senate
          i/;ol*                                              APPEARANCE RECORD                                                  SB/5?
                                                                                                                                          Bill Number orTopic
                    Meeting Date                                       Deliver both copies of this form to
                                                                Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name                                                           Utr,bu                                  Phone       7L-4zo t/4/
Address     / 3Af 512 qP Af                                                                            Email                                    6owru-.cozt
           Street


            TT)1W
           City
                                                      z
                                                      State                      Zip
                                                                                     Vztar
               Speaking: I           ror I         Against I    lnformation OR                     Waive Speaking:   I       rn support
                                                                                                                                          fl *^      inst



                                                              PLEASE CHECK ONE OFTHE FOLLOWING:

       lam appearing without                                    f--l t am a registered lobbyist,                                 I am not a lobbyist, but received

       compensation or sponsorship.                                  representrng:                                               something ofvalue for my appearance
                                                                                                                                 (travel, meals, lodging, etc.),
                                                                                                                                 sponsored by:




This form is part of the public record for this   meeting.                                                                                               5-001 (08/10/2021)




                                                                          The Florida Senate

         -30        Meeting Date
                                                              APPEARANCE RECORD
                                                                       Deliver both copies of this form to
                                                                                                                             1E /s1t      Bill Number orTopic

                                                                Senate professional staff conducting the meeting

                     Committee                                                                                                    Amendment Barcode (if applicable)


Name         €,                              a                                                         Phone       3zt -?Ye -                 q{
Address
           Street
                                                                                                       Email             t
                                                                                                                                    a                 J.-
            Ge
            City
                                                   rt-State
                                                                        szr>t-
                                                                                 Zip




               Speaking: I          ror I          Against !    lnformation OR                     waive Speaking:   I       ln Support
                                                                                                                                          trn,,,.u
                                                              PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without                                         lam a registered lobbyist,                                  I am not a lobbyist, but received
       compensation or sponsorship.                                  representing:                                               something ofvalue for my appearance
                                                                                                                                 (travel, meals, lodging, etc.),
                                                                                                                                 sponsored by:




This form is part of the public record forthis    meeting.                                                                                               S-0Ol (08/10/2021)
                                                                             The Florida Senate

                                                                APPEARANCE RECORD
                      Meeting Date                                                                                                          Bill Number orTopic
                                                                          Deliver both copies of this form to
                                                                   Senate professional staff conducting the meeting

                       Committee                                                                                                    Amendment Barcode (if applicable)


Name                                                                                                      Phone               lz-
Address                                                    i(                                             Email       (
           Street


           ffiprr.{l
           'c;0,'' ' Ynlan (. 't=l                                               s >q{3
                          t
                                                  I    state                        Zip



              Speaking: I            ror !       Against !         lnformation OR                    Waive Speaking:      !   tn Support          Against



                                                                PLEASE CHECK ONE OF THE FOLLOWING:

 l/l
 U
       lam appearing without                                            lam a registered lobbyist,                                I am not a lobbyist, but received
       compensation or sponsorship.                                     representing:                                             something of value for my appearance
 -                                                                                                                                (travel, meals, lodging, etc.),
                                                                                                                                  sponsored by:




This form is part of the public record forthis meeting.                                                                                                    s-001 (08/10/2021)




                                                                            The Florida Senate
                  a    ZOL                                      APPEARANCE RECORD                                                   76
                      Meeting Date                                                                                                          Bill Number orTopic
                                                                          Deliver both copies of this form to

    Co ,n n/'o/rc<. * -) u u nls
                       Comm
                                                       u           Senate professional staff conducting the meeting

                                                                                                                                    Amendment Barcode (if applicable)


Name                                                    bw                                                Phone       fz-o -5Z0*6 ?cE
Address
           Street
                  {^D &"*pe Lou,e                                                                         Email
                                                                                                                          (hs?]                                       (


           City
                      C   rL""^A €w                   State                         Zip




              Speaking: I            fot         Against       I   lnformation OR                    Waive Speaking:      !   ln Support     I    Against



                                                                PLEASE CHECK ONE OFTHE FOLLOWING:

        am appearing without                                            lam a registered lobbyist,                                I am not a lobbyist, but received
       compensation or sponsorship.                                     representing:                                             something of value for my appearance
                                                                                                                                  (travel, meals, lodging, etc.).
                                                                                                                                  sponsored by:




This form is part of the public record for this meeting.                                                                                                   s-001 (08/10/2021)
                          l,3u ?'/
                         Meeting Date
                                                                                 The Florida Senate

                                                                    APPEARANCE RECORD                                                      i; qc
                                                                                                                                              Bill Number orTopic
                                                                               Deliver both copies of this form to
  t'- l1'tz'v?' ,t-<4.(--<-,                                            Senate professional staff conducting the meeting

                          Committee                                                                                                   Amendment Barcode (if applicable)


Name
                                      'i1,,,';
                                                       t"/ I. F 1,.,'/','-tll" f^sf"{-''}t
                                                                                    Phone
                                                                                                                                  L/t' "/ t;/Ly'C, /,/2t
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            City                                            State                        Zip




               Speaking: !                      ror (noainst !          lnformation OR                     WaiveSpeaking:    I   tnSupport I         ngainst



                                                                      PLEASE CHECK ONE OF THE FOLLOWING:

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




This form is part of the public record for this         meeting.                                                                                             S-OO1 (oB/ 110/2021)




  I

                                                                                 The Florida Senate

                            4/so/zq                                 APPEARANCE RECORD
                         Hrteettrng   OJt.                                                                                                    Bill Number orTopic
                                                                               Deliver both copies of this form to
              (u anv', ern                                              Senate professional staff conducting the meeting
                     ''                                                                                                               Amendment Barcode (if applicable)
                          Committee


Name               O.^ R;cA '-rc^oI /,'n                                                                         Phone      .?<d- \ZL( -a          (zl
Address l? J                     f           Moh rzE                                                             Email
            Street


                                           e
            City                                            State                        Zip




               Speaking: I                      ror f, Rgainst !        lnformation OR                     waive Speaking:   !   ln Support    !     Against



                                                                      PLEASE CHECK ONE OF THE FOLLOWING:

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


                                                                      f [,a'; J",, AFL - Ct1
                                                                                                                                     sponsored by:




This form is part of the public record forthis meeting.                                                                                                      s-00i (08/10/2021)
                                                                                  The Florida Senate
                                                                   APPEARANCE RECORD
                     Meeting Date                                                                                                               Bill Number orTopic
                                                                               Deliver both copies of thls form to

                       c       +                                        Senate professional staff conducting the meeting

                      Committee                                                                                                        Amendment Barcode (if applicable)


 Name                       5C                                 I         L                                     Phone            -\           _l 3

 Address                                                                                                       Email
            Street




            City                                       St1te                             Zip



               Speaking: I           ror                                lnformation OR
                                            Fnguintt !                                                                      I
                                                                                                          WaiveSpeaking:        lnSupport I           Against



                                                                   PLEASE CHECK ONE OFTHE FOLLOWING:

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

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

BILL:             SB 1688
INTRODUCER:       Senator Osgood
SUBJECT:          Career-themed Courses
DATE:             January 29, 2024                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Brick                              Bouck                                 ED              Favorable
2. Baird                              McKay                                 CM              Favorable
3.                                                                          RC



    I.    Summary:

          SB 1688 adds requirements to improve student awareness of career and technical education
          opportunities. The bill adds requirements for:
           Strategic planning among local education, workforce, and economic development agencies.
           The collection of data in industry-certified career education programs and career-themed
             courses.
           Student and parent notifications about available career and professional academies and
             career-themed courses.

          The bill takes effect July 1, 2024.

    II.   Present Situation:

          The Career and Professional Education Act

          The Florida Career and Professional Education (CAPE) Act provides a statewide planning
          partnership between the business and education communities in order to attract, expand, and
          retain targeted, high-value industry and to sustain a strong, knowledge-based economy.1

          Each district school board must develop, in collaboration with local workforce development
          boards, economic development agencies, and postsecondary institutions, a strategic three-year
          plan to address and meet local and regional workforce demands.2 The strategic plan must be
          constructed and based on elements specified in law that are consistent with the goal of enhancing
          career and professional education.3 The strategic plan must describe in detail provisions for the
          efficient transportation of students, the maximum use of shared resources, access to courses
1
  Section 1003.491, F.S.
2
  Section 1003.491(2), F.S.
3
  Section 1003.491(3), F.S.
BILL: SB 1688                                                                                                      Page 2

        aligned to state curriculum standards through virtual education providers legislatively authorized
        to provide part-time instruction to middle school students, and an objective review of proposed
        career and professional academy courses and other career-themed courses to determine if the
        courses will lead to the attainment of industry certifications included on the CAPE Industry
        Certification Funding List. Each strategic plan must be reviewed, updated, and jointly approved
        every three years by the local school district, local workforce development boards, economic
        development agencies, and state-approved postsecondary institutions.4

        The Commissioner of Education (commissioner) is required to conduct an annual review of K-12
        and postsecondary career and technical education offerings that, at a minimum, must examine:5
         Alignment of offerings with the framework of quality that govern inclusion on the Master
           Credentials List.6
         Alignment of offerings at the K-12 and postsecondary levels with credentials or degree
           programs identified on the Master Credentials List.
         Program utilization and unwarranted duplication across institutions serving the same students
           in a geographical or service area.
         Institutional performance measured by student outcomes such as academic achievement,
           college readiness, postsecondary enrollment, credential and certification attainment, job
           placement, and wages.

        The DOE is responsible for collecting student achievement and performance data in industry-
        certified career education programs and career-themed courses that includes, but is not limited
        to, graduation rates, retention rates, Florida Bright Futures Scholarship awards, additional
        educational attainment, employment records, earnings, industry certification, return on
        investment, and employer satisfaction.7

        CAPE Industry Certification Funding List

        The SBE is required to adopt, at least annually, based on recommendations by the commissioner,
        the CAPE Industry Certification Funding List that assigns additional full-time equivalent
        membership to certifications identified in the Master Credentials List that meet a statewide,
        regional, or local demand.8

        Certifications included on the CAPE Industry Certification Funding List: 9
         Require at least 150 hours of instruction; and
         Can be earned in middle and high school.
         Usually require passage of a subject area examination and some combination of work
           experience, educational attainment, or on-the-job training.


4
  Section 1003.491(2), F.S.
5
  Section 1003.491(5)(a), F.S.
6
  The Master Credentials List is maintained by the Credentials Review Committee, which is appointed by the State
Workforce Development Board, to serve as a public and transparent inventory of state-approved credentials of value. Section
445.004(4)(h)1., F.S.
7
  Section 1003.492(3), F.S.
8
  Section 1008.44(1), F.S.
9
  Rule 6A-6.0576(5)-(6), F.S.
BILL: SB 1688                                                                                                          Page 3

         Career and Professional Academies and Career-themed Courses

         A “career and professional academy” is a research-based program that integrates a rigorous
         academic curriculum with an industry-specific curriculum aligned directly to priority workforce
         needs established by the local workforce development board or the Department of Commerce
         (DOC).10 School districts are required to offer a career and professional academy.11

         A “career-themed course” is a course, or a course in a series of courses, that leads to an industry
         certification identified in the CAPE Industry Certification Funding List.12 Career-themed courses
         have industry-specific curriculum aligned directly to priority workforce needs established by the
         local workforce development board or the DOC. School districts must offer at least two career-
         themed courses, and each secondary school is encouraged to offer at least one career-themed
         course. Students completing a career-themed course must be provided opportunities to earn
         postsecondary credit if the credit for the career-themed course can be articulated to a
         postsecondary institution approved to operate in the state.13

         Each career and professional academy and secondary school providing a career-themed course is
         required to:14
          Provide a rigorous standards-based academic curriculum integrated with a career curriculum;
          Consider multiple styles of student learning;
          Promote learning by doing through application and adaptation;
          Maximize relevance of the subject matter;
          Enhance each student’s capacity to excel;
          Include an emphasis on work habits and work;
          Include one or more partnerships with postsecondary institutions through specified
            articulation agreements, businesses, industry, employers, economic development
            organizations, or other appropriate partners from the local community.

         Each district school board, in collaboration with local workforce development boards, economic
         development agencies, and state-approved postsecondary institutions, is required to include plans
         to implement a career and professional academy or a career-themed course in at least one middle
         school in the district as part of the strategic 3-year plan.15

         In the 2021-2022 academic year, there were 10,942 registered career-themed courses and 1,842
         registered career and professional academies, which served 197,266 students.16




10
   Section 1003.493(1)(a), F.S. In 2023, the Department of Economic Opportunity was renamed the Department of
Commerce. Chapter 2023-173, s. 10, Laws of Fla.
11
   Section 1003.493(1)(a), F.S.
12
   Section 1003.493(1)(b), F.S.
13
   Section 1003.493(1)(b), F.S.
14
   Section 1003.493(4)(a), F.S.
15
   Section 1003.4935(1), F.S.
16
   Florida Department of Education, State Secondary Career, Technical, and Adult Education: 2021-2022 Summary,
available at https://www.fldoe.org/core/fileparse.php/9904/urlt/2122secondarycte.pdf, at 3, (last visited January 29, 2024).
BILL: SB 1688                                                                                      Page 4

III.   Effect of Proposed Changes:

       SB 1688 adds requirements to improve student awareness of career and technical education
       (CTE) opportunities. The bill adds requirements for:
        Strategic planning among local education, workforce, and economic development agencies.
        The collection of data in industry-certified career education programs and career-themed
          courses.
        Student and parent notifications about available career and professional academies and
          career-themed courses.

       The bill modifies s. 1003.491, F.S., to add to the information required to inform the strategic 3-
       year plan developed jointly by the local school district, local workforce development boards,
       economic development agencies, and state-approved postsecondary institutions. The bill adds
       that the plan must be constructed and based, in part, on strategies to inform and promote the CTE
       opportunities available in the district to students, parents, the community, and stakeholders.

       The bill modifies s. 1003.492, F.S., to align the collection by the DOE of student achievement
       and performance data in industry-certified career education programs and career-themed courses
       with the annual review conducted by the Commissioner of Education regarding K-12 and
       postsecondary CTE offerings.

       The bill modifies s. 1003.4935, F.S., to require each district school board inform students and
       parents during course selection for middle school of the career and professional academy or
       career-themed courses available within the district.

       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 identified.
 BILL: SB 1688                                                                                                                        Page 5

  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 the following sections of the Florida Statutes: 1003.491, 1003.492,
        and 1003.4935.

 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 1688          Florida Senate - 2024                                       SB 1688



       By Senator Osgood




       32-00981-24                                              20241688__           32-00981-24                                               20241688__
1                              A bill to be entitled                          30     projections as identified by the Labor Market Statistics Center
2           An act relating to career-themed courses; amending s.             31     within the Department of Economic Opportunity and the Labor
3           1003.491, F.S.; revising the requirements for a                   32     Market Estimating Conference as factors in the criteria for the
4           specified school district strategic plan to include               33     plan;
5           certain information; amending s. 1003.492, F.S.;                  34          (b) Strategies to develop and implement career academies or
6           requiring the Department of Education to include                  35     career-themed courses based on occupations identified by the
7           specified data in an annual review of K-12 and                    36     Labor Market Statistics Center within the Department of Economic
8           postsecondary career and technical education                      37     Opportunity and the Labor Market Estimating Conference;
9           offerings; amending s. 1003.4935, F.S.; requiring                 38          (c) Strategies to provide shared, maximum use of private
10          school districts to provide specified information to              39     sector facilities and personnel;
11          students and parents during middle school course                  40          (d) Strategies to ensure instruction by industry-certified
12          selection; providing an effective date.                           41     faculty and standards and strategies to maintain current
13                                                                            42     industry credentials and for recruiting and retaining faculty to
14     Be It Enacted by the Legislature of the State of Florida:              43     meet those standards;
15                                                                            44          (e) Strategies to provide personalized student advisement,
16          Section 1. Subsection (3) of section 1003.491, Florida            45     including a parent-participation component, and coordination
17     Statutes, is amended to read:                                          46     with middle grades to promote and support career-themed courses
18          1003.491 Florida Career and Professional Education Act.—The       47     and education planning;
19     Florida Career and Professional Education Act is created to            48          (f) Alignment of requirements for middle school career
20     provide a statewide planning partnership between the business          49     planning, middle and high school career and professional
21     and education communities in order to attract, expand, and             50     academies or career-themed courses leading to industry
22     retain targeted, high-value industry and to sustain a strong,          51     certification or postsecondary credit, and high school
23     knowledge-based economy.                                               52     graduation requirements;
24          (3) The strategic 3-year plan developed jointly by the            53          (g) Provisions to ensure that career-themed courses and
25     local school district, local workforce development boards,             54     courses offered through career and professional academies are
26     economic development agencies, and state-approved postsecondary        55     academically rigorous, meet or exceed appropriate state-adopted
27     institutions must be constructed and based on:                         56     subject area standards, result in attainment of industry
28          (a) Research conducted to objectively determine local and         57     certification, and, when appropriate, result in postsecondary
29     regional workforce needs for the ensuing 3 years, using labor          58     credit;

                                   Page 1 of 5                                                                  Page 2 of 5
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2024                                        SB 1688           Florida Senate - 2024                                        SB 1688




       32-00981-24                                               20241688__           32-00981-24                                             20241688__
59          (h) Plans to sustain and improve career-themed courses and        88           (o) Strategies to ensure the review of district pupil-
60     career and professional academies;                                     89      progression plans and to amend such plans to include career-
61          (i) Strategies to improve the passage rate for industry           90      themed courses and career and professional academy courses and
62     certification examinations if the rate falls below 50 percent;         91      to include courses that may qualify as substitute courses for
63          (j) Strategies to recruit students into career-themed             92      core graduation requirements and those that may be counted as
64     courses and career and professional academies which include            93      elective courses;
65     opportunities for students who have been unsuccessful in               94           (p) Strategies to provide professional development for
66     traditional classrooms but who are interested in enrolling in          95      secondary certified school counselors on the benefits of career
67     career-themed courses or a career and professional academy.            96      and professional academies and career-themed courses that lead
68     School boards shall provide opportunities for students who may         97      to industry certification; and
69     be deemed as potential dropouts or whose cumulative grade point        98           (q) Strategies to redirect appropriated career funding in
70     average drops below a 2.0 to enroll in career-themed courses or        99      secondary and postsecondary institutions to support career
71     participate in career and professional academies. Such students        100     academies and career-themed courses that lead to industry
72     must be provided in-person academic advising that includes             101     certification; and
73     information on career education programs by a certified school         102          (r) Strategies to inform and promote the career and
74     counselor or the school principal or his or her designee during        103     technical education opportunities available in the district to
75     any semester the students are at risk of dropping out or have a        104     students, parents, the community, and stakeholders.
76     cumulative grade point average below a 2.0;                            105          Section 2. Subsection (3) of section 1003.492, Florida
77          (k) Strategies to provide sufficient space within academies       106     Statutes, is amended to read:
78     to meet workforce needs and to provide access to all interested        107          1003.492 Industry-certified career education programs.—
79     and qualified students;                                                108          (3) The Department of Education shall collect student
80          (l) Strategies to implement career-themed courses or career       109     achievement and performance data in industry-certified career
81     and professional academy training that lead to industry                110     education programs and career-themed courses as part of the
82     certification in juvenile justice education programs;                  111     annual review required under s. 1003.491(5) that includes, but
83          (m) Opportunities for high school students to earn weighted       112     need not be limited to, graduation rates, retention rates,
84     or dual enrollment credit for higher-level career and technical        113     Florida Bright Futures Scholarship awards, additional
85     courses;                                                               114     educational attainment, employment records, earnings, industry
86          (n) Promotion of the benefits of the Gold Seal Bright             115     certification, return on investment, and employer satisfaction.
87     Futures Scholarship;                                                   116          Section 3. Subsection (1) of section 1003.4935, Florida

                                  Page 3 of 5                                                                    Page 4 of 5
     CODING: Words stricken are deletions; words underlined are additions.          CODING: Words stricken are deletions; words underlined are additions.
        Florida Senate - 2024                                        SB 1688




        32-00981-24                                               20241688__
117     Statutes, is amended to read:
118          1003.4935 Middle grades career and professional academy
119     courses and career-themed courses.—
120          (1) Beginning with the 2011-2012 school year, Each district
121     school board, in collaboration with local workforce development
122     boards, economic development agencies, and state-approved
123     postsecondary institutions, shall include plans to implement a
124     career and professional academy or a career-themed course, as
125     defined in s. 1003.493(1)(b), in at least one middle school in
126     the district as part of the strategic 3-year plan pursuant to s.
127     1003.491(2). The strategic plan must provide students the
128     opportunity to transfer from a middle school career and
129     professional academy or a career-themed course to a high school
130     career and professional academy or a career-themed course
131     currently operating within the school district. Students who
132     complete a middle school career and professional academy or a
133     career-themed course must have the opportunity to earn an
134     industry certificate and high school credit and participate in
135     career planning, job shadowing, and business leadership
136     development activities. The district shall inform students and
137     parents during course selection for middle school of the career
138     and professional academy or career-themed course available
139     within the district.
140          Section 4. This act shall take effect July 1, 2024.




                                   Page 5 of 5
      CODING: Words stricken are deletions; words underlined are additions.
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To:            Senator Jay Trumbull, Chair
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Date:          January 23,2024                                                                                                                                                                                                        (travel, meals. lodging, etc.),
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I respectfully request that 1688, relating to Career-themed Courses, be placed on the:

        tr     committee agenda at your earliest possible convenience.
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                                           ''$r*hQO*P)
                                             Senator Rosalind Osgood
                                             Florida Senate, District 32




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

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

BILL:           SB 1786
INTRODUCER:     Senator DiCeglie
SUBJECT:        Professional Licensure and Certification
DATE:           January 29, 2024                REVISED:            1/30/24

           ANALYST                    STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Renner                           McKay                                CM               Favorable
2.                                                                       AEG
3.                                                                        RC



  I.    Summary:

        SB 1786 revises the educational and experience requirements to be eligible to take the
        examination for a surveyor and mapper license issued by the Board of Professional Surveyors
        and Mappers (board) within the Department of Agriculture and Consumer Services (DACS). The
        bill:
         Allows exiled foreign-trained professionals who have lawfully practiced the profession for
             three years to substitute their experience for the professional or occupational college degree
             that is required under current law;
         Specifies that the applicant’s degree must be from a college or university accredited by an
             accrediting body recognized by the United States Department of Education; and
         Removes the requirement that any of the additional 25 semester hours of study completed not
             as a part of the bachelor’s degree be approved at the discretion of the board for applicants
             who have a bachelor’s degree in a course study other than surveying and mapping.

        The bill provides additional pathways to qualify to take the licensure examination as follows:
         Allows applicants with a high school diploma or an associate’s degree, who complete 25
           semester hours of coursework in surveying and mapping or a related field from an accredited
           college/university, and has six years of experience (five in responsible charge) as a
           subordinate to a professional surveyor and mapper, to be able to take the licensure
           examination.
         Allows applicants who have a valid surveyor and mapper license in another jurisdiction and
           have two years of experience in the active practice of surveying and mapping in responsible
           charge to be able to take the licensure examination.
         Allows applicants who have a registered apprenticeship certificate in surveying and mapping
           from a registered apprenticeship program approved by the United States Department of
           Education and has two years of experience in responsible charge as a subordinate to a
           professional surveyor and mapper, to be able to take the licensure examination.
BILL: SB 1786                                                                                                          Page 2


          The bill takes effect July 1, 2024.

    II.   Present Situation:

          Land Surveying and Mapping

          Chapter 472, F.S., governs the practice of land surveying and mapping in Florida. The Secretary
          of the Department of Agriculture and Consumer Services (DACS)1 appoints the nine members of
          the Board of Professional Surveyors and Mappers (board), subject to confirmation by the Florida
          Senate.2 The DACS approves registrations, certificates, and licenses to those persons and
          businesses that meet all statutory and administrative requirements for licensure.3 The board is
          authorized to adopt administrative rules to implement the act, subject to the prior approval of
          DACS.4

          Licensed professional surveyors and mappers determine and display the facts of size, shape,
          topography, tidal datum planes, legal or geodetic location or relation, and orientation of
          improved or unimproved real property through direct measurement or from certifiable
          measurement through accepted photogrammetric procedures.5 Currently, there are 2,457 licensed
          surveyors and mappers in Florida.6

          Licensing Examinations

          All applicants for licensure must be approved by the board to be eligible to take the licensure
          examination.7 An applicant must be of good moral character8 and satisfy the following
          educational and experience requirements to be eligible to take the licensure examination:
           A bachelor’s degree in surveying and mapping or in a similarly titled program, with four or
              more years of work experience under a professional surveyor, with the applicant having been
              in responsible charge of the accuracy and correctness of the surveying work performed; or
           A bachelor’s degree in a course of study other than surveying and mapping, with six or more
              years of work experience under a professional surveyor, and for five of those years, the
              applicant must have been in responsible charge of the accuracy and correctness of the
              surveying work performed.9

          Applicants whose course of study was other than surveying and mapping, must meet an
          additional educational requirement of a minimum of 25 semester hours from a college or
          university approved by the board in surveying and mapping subjects, or in any combination of

1
  The regulation of professional surveyors and mappers was transferred in 2009 from the Department of Business and
Professional Regulation to DACS. See Ch. 2009-66, ss. 1-30, Laws of Fla. (effective October 1, 2009).
2
  Section 472.007, F.S.
3
  Sections 472.006(10) and 472.015, F.S.
4
  Section 472.008, and Fla. Admin. Code R. 5J-17.001 to 17.210
5
  Section 472.005(3), F.S.
6
  Email from DACS (Jan. 29, 2024). On file with the Senate Commerce and Tourism Committee.
7
  Section 472.013, F.S.
8
  The term “good moral character means “a personal history of honesty, fairness, and respect for the rights of others and for
the laws of this state and nation.” See s. 472.013(5)(a), F.S.
9
  Section 472.013(2), F.S.
BILL: SB 1786                                                                                                     Page 3

        courses in civil engineering, surveying, mapping, mathematics, photogrammetry, forestry, or
        land law and the physical sciences.10

        The board, by rule, is authorized to establish fees for examination.11 The initial application and
        examination fee must not exceed $125 plus the actual per applicant cost to DACS to purchase the
        examination from the National Council of Engineering Examiners or a similar national
        organization.12 The examination fee must be sufficient to cover the cost of obtaining and
        administering the examination and is refundable if the applicant is found ineligible to sit for the
        examination; the application fee is nonrefundable.13

        An exiled foreign-trained professional seeking to become a licensed surveyor and mapper is
        eligible to take the required examination if the exiled professional:
         Immigrated to the United States after leaving their home country because of political reasons,
            when the home country is located in the Western Hemisphere and does not have diplomatic
            relations with the United States;
         Applies to DACS and submits a fee;
         Was a resident of Florida immediately preceding the application;
         Demonstrates through submission of documentation to DACS that is verified by the
            applicant’s respective professional association in exile, that the applicant graduated with an
            appropriate professional or occupational degree from a college or university, but DACS may
            not require documentation from the Republic of Cuba;
         Lawfully practiced land surveying and mapping for at least three years;
         Prior to 1980, successfully completed an approved course of study pursuant to chs. 74-105
            and 75-177, Laws of Florida, relating to continuing education; and
         Presents a certificate demonstrating the successful completion of a board-approved
            continuing education program, which offers a course of study that will prepare the applicant
            for the examination.14

        Upon request of a person who meets the requirements for foreign-trained professionals and
        submits an examination fee, DACS must conduct a written practical examination, on behalf of
        the board, that tests the person’s current ability to competently practice the profession in
        accordance with the actual practice of the profession.15 The fees charged for the examinations
        must be established by DACS by rule for the board,16 and must be sufficient to develop or to
        contract for the development of the examination and its administration, grading, and grade
        reviews.17



10
   Section 472.013(2)(b), F.S.
11
   See s. 472.011, F.S. and Fla. Admin. Code R. 5J-17.070.
12
   Id.
13
   Id.
14
   Section 472.0101(1), F.S.
15
   Section 472.0101(2), F.S. DACS must treat documentary evidence submitted by an exiled professional who is eligible to
take the examination as evidence of the applicant’s preparation in the academic and preprofessional fundamentals, and DACS
may not examine the applicant on such fundamentals. Id.
16
   See Fla. Admin. Code R. 5J-17.210.
17
   Section 472.0101(3), F.S.
BILL: SB 1786                                                                                            Page 4

           Licensure by Endorsement

           The board is required to certify an applicant as qualified for a license by endorsement if the
           applicant currently holds a valid license to practice surveying and mapping issued by another
           state or territory of the United States before July 1, 1999, and the applicant:
            Has passed a national, regional, state, or territorial licensing examination that is substantially
               equivalent to the examination required by s. 472.013, F.S.; and has a specific experience
               record of at least eight years as a subordinate to a registered surveyor and mapper in the
               active practice of surveying and mapping, six years of which must be of a nature indicating
               that the applicant was in responsible charge of the accuracy and correctness of the surveying
               and mapping work performed; or
            Holds a valid license to practice surveying and mapping issued by another state or territory of
               the United States, if the criteria for issuance were substantially the same as the licensure
               criteria that existed in Florida at the time the license was issued.18

           All applicants for licensure by endorsement must pass the Florida law and rules portion of the
           examination prior to licensure.19

III.       Effect of Proposed Changes:

           Section 1 amends s. 472.0101, F.S., to authorize exiled foreign-trained professionals who have
           lawfully practiced the profession for three years to substitute their experience for the professional
           or occupational college degree that is required under current law.

           Section 2 amends s. 472.013, F.S., to revise the educational and experience requirements for an
           applicant to be eligible to take the surveyor and mapper licensure examination. The bill specifies
           that the applicant’s degree must be from a college or university accredited by an accrediting
           body recognized by the United States Department of Education. The bill also removes the
           requirement that any of the additional 25 semester hours of study completed not as a part of the
           bachelor’s degree be approved at the discretion of the board for applicants who have a bachelor’s
           degree in a course study other than surveying and mapping.

           The bill creates additional pathways for becoming eligible to take the surveying and mapping
           licensure exam for applicants who have received:
            An associate degree, completed 25 semester hours of coursework by in surveying and
               mapping or in any combination of courses in civil engineering, surveying, mapping,
               mathematics, photogrammetry, forestry, or land law and the physical sciences from an
               accredited college or university, and has 6 years of experience (5 in responsible charge) as a
               subordinate to a professional surveyor and mapper;
            A high school diploma or its equivalent, completed 25 semester hours in surveying and
               mapping subjects or in any combination of courses in civil engineering, surveying, mapping,
               mathematics, photogrammetry, forestry, or land law and the physical sciences from an
               accredited college or university, and has 6 years of experience (5 in responsible charge) as a
               subordinate to a professional surveyor and mapper;

18
     Section 472.015(5)(a), F.S.
19
     Section 472.015(5)(b), F.S.
BILL: SB 1786                                                                                        Page 5

          A valid license to practice surveying and mapping in another state, jurisdiction, or territory,
           and has at least 2 years of experience in the active practice of surveying and mapping in
           responsible charge; and
          A registered apprenticeship certificate in surveying and mapping from a registered
           apprenticeship program approved by the Department of Education and has 2 years of
           experience in responsible charge as a subordinate to a professional surveyor and mapper.

      Section 3 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 identified.

V.    Fiscal Impact Statement:

      A.        Tax/Fee Issues:

                None.

      B.        Private Sector Impact:

                None.

      C.        Government Sector Impact:

                Indeterminate. The DACS could see a positive fiscal impact due to the new applicant
                fees.

VI.   Technical Deficiencies:

      None.
 BILL: SB 1786                                                                                                                        Page 6

VII.    Related Issues:

        None.

VIII.   Statutes Affected:

        This bill substantially amends sections 472.0101 and 472.013 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 1786          Florida Senate - 2024                                          SB 1786



       By Senator DiCeglie




       18-01580A-24                                              20241786__          18-01580A-24                                              20241786__
1                              A bill to be entitled                          30     professional association in exile, that the applicant was
2           An act relating to professional licensure and                     31     graduated with an appropriate professional or occupational
3           certification; amending s. 472.0101, F.S.; authorizing            32     degree from a college or university. However, the department may
4           the practice of a profession as a substitute for                  33     not require receipt of any documentation from the Republic of
5           certain professional or occupational degrees for                  34     Cuba as a condition of eligibility under this section;
6           certain foreign-trained professionals; amending s.                35            (e) Lawfully practiced the profession for at least 3 years.
7           472.013, F.S.; revising education and work experience             36     Such practice of the profession may be substituted for the
8           requirements for taking the surveyor and mapper                   37     professional or occupational degree requirement under paragraph
9           licensure examination; providing an effective date.               38     (d);
10                                                                            39            (f) Prior to 1980, successfully completed an approved
11     Be It Enacted by the Legislature of the State of Florida:              40     course of study pursuant to chapters 74-105 and 75-177, Laws of
12                                                                            41     Florida; and
13          Section 1. Subsection (1) of section 472.0101, Florida            42            (g) Presents a certificate demonstrating the successful
14     Statutes, is amended to read:                                          43     completion of a continuing education program which offers a
15          472.0101 Foreign-trained professionals; special examination       44     course of study that will prepare the applicant for the
16     and license provisions.—                                               45     examination offered under subsection (2). The department shall
17          (1) When not otherwise provided by law, the department            46     develop rules for the approval of such programs for the board.
18     shall by rule provide procedures under which exiled                    47            Section 2. Subsection (2) of section 472.013, Florida
19     professionals may be examined under this chapter. A person is          48     Statutes, is amended to read:
20     eligible for the examination if the exiled professional:               49            472.013 Examinations, prerequisites.—
21          (a) Immigrated to the United States after leaving the             50            (2) An applicant shall be entitled to take the licensure
22     person’s home country because of political reasons, provided the       51     examination to practice in this state as a surveyor and mapper
23     country is located in the Western Hemisphere and does not have         52     if the applicant is of good moral character and has satisfied
24     diplomatic relations with the United States;                           53     one of the following requirements:
25          (b) Applies to the department and submits a fee;                  54            (a) The applicant has received a bachelor’s degree, its
26          (c) Was a resident of this state immediately preceding the        55     equivalent, or higher in surveying and mapping or a similarly
27     person’s application;                                                  56     titled program, including, but not limited to, geomatics,
28          (d) Demonstrates to the department, through submission of         57     geomatics engineering, and land surveying, from a college or
29     documentation verified by the applicant’s respective                   58     university accredited by an accrediting body recognized by the

                                   Page 1 of 5                                                                    Page 2 of 5
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
       Florida Senate - 2024                                        SB 1786           Florida Senate - 2024                                       SB 1786




       18-01580A-24                                             20241786__            18-01580A-24                                             20241786__
59     United States Department of Education board and has a specific         88      requirement may not be construed as experience in responsible
60     experience record of 4 or more years as a subordinate to a             89      charge.
61     professional surveyor and mapper in the active practice of             90           (c) The applicant has received an associate degree and has
62     surveying and mapping, which experience is of a nature                 91      a specific experience record of at least 6 years as a
63     indicating that the applicant was in responsible charge of the         92      subordinate to a professional surveyor and mapper in the active
64     accuracy and correctness of the surveying and mapping work             93      practice of surveying and mapping, at least 5 years of which
65     performed. Work experience acquired as a part of the education         94      shall be of a nature indicating that the applicant was in
66     requirement may not be construed as experience in responsible          95      responsible charge of the accuracy and correctness of the
67     charge.                                                                96      surveying and mapping work performed. The applicant must have
68          (b) The applicant has received a bachelor’s degree, its           97      completed at least 25 semester hours from a college or
69     equivalent, or higher in a course of study, other than in              98      university accredited by an accrediting body recognized by the
70     surveying and mapping, at a an accredited college or university        99      United States Department of Education in surveying and mapping
71     accredited by an accrediting body recognized by the United             100     subjects or in any combination of courses in civil engineering,
72     States Department of Education and has a specific experience           101     surveying, mapping, mathematics, photogrammetry, forestry, or
73     record of 6 or more years as a subordinate to a registered             102     land law and the physical sciences. Work experience acquired as
74     surveyor and mapper in the active practice of surveying and            103     a part of the education requirement may not be construed as
75     mapping, 5 years of which shall be of a nature indicating that         104     experience in responsible charge.
76     the applicant was in responsible charge of the accuracy and            105          (d) The applicant has received a high school diploma or its
77     correctness of the surveying and mapping work performed. The           106     equivalent and has a specific experience record of at least 6
78     applicant must have completed a minimum of 25 semester hours           107     years as a subordinate to a professional surveyor and mapper in
79     from a college or university accredited by an accrediting body         108     the active practice of surveying and mapping, at least 5 years
80     recognized by the United States Department of Education approved       109     of which shall be of a nature indicating that the applicant was
81     by the board in surveying and mapping subjects or in any               110     in responsible charge of the accuracy and correctness of the
82     combination of courses in civil engineering, surveying, mapping,       111     surveying and mapping work performed. The applicant must have
83     mathematics, photogrammetry, forestry, or land law and the             112     completed at least 25 semester hours from a college or
84     physical sciences. Any of the required 25 semester hours of            113     university accredited by an accrediting body recognized by the
85     study completed not as a part of the bachelor’s degree, its            114     United States Department of Education in surveying and mapping
86     equivalent, or higher may be approved at the discretion of the         115     subjects or in any combination of courses in civil engineering,
87     board. Work experience acquired as a part of the education             116     surveying, mapping, mathematics, photogrammetry, forestry, or

                                  Page 3 of 5                                                                    Page 4 of 5
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        Florida Senate - 2024                                       SB 1786




        18-01580A-24                                              20241786__
117     land law and the physical sciences. Work experience acquired as
118     a part of the education requirement may not be construed as
119     experience in responsible charge.
120          (e) The applicant holds a valid license to practice
121     surveying and mapping in another state, jurisdiction, or
122     territory, and has at least 2 years of experience in the active
123     practice of surveying and mapping, which experience is of a
124     nature indicating that the applicant was in responsible charge
125     of the accuracy and correctness of the surveying and mapping
126     work performed.
127          (f) The applicant has received a registered apprenticeship
128     certificate in surveying and mapping after completing a
129     registered apprenticeship program approved by the Department of
130     Education and has a specified experience record of at least 2
131     years as a subordinate to a professional surveyor and mapper in
132     the active practice of surveying and mapping, which experience
133     is of a nature indicating that the applicant was in responsible
134     charge of the accuracy and correctness of the surveying and
135     mapping work performed. Work experience acquired as a part of
136     the education requirement may not be construed as experience in
137     responsible charge.
138          Section 3. This act shall take effect July 1, 2024.




                                   Page 5 of 5
      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                                                                               The Florida Senate
                                                                                                 January 30,2024                                            APPEARANCE RECORD                                                                             sB 1786
                                                                                                                       j\4eetiIi{j i-)ii.r                                                                                                                                                           'ici;1t:
                                                                                                                                                                                                                                                                          i:itii i.ii.:iirirt'i cr
                                                                                                                                                                          i-;*'ilv+r i:otir {oii{:s cf iiiil 'ioiin to
                                                                                                 Commerce and Tourism                                         Seir i;t,:: p iofe: si t:ii ;i i !l ;r t'i co ii {i i.r (.i. r i.i i h e irar:1.i ii rj
                                                                                                                                                                                                                         l   r




                                                                                                                        a0n"rf ! tii ia'a'                                                                                                                      Amilr!1rrei'i iJ;i"r:orie {ii ;:inirii{:abie)


                                                                                                 Name
                                                                                                             Matthew G. Jennings                                                                                                   Phone
                                                                                                                                                                                                                                                    904-502-3234

                                                                                                 Address 1723                Alps Ct                                                                                               Email
                                                                                                                                                                                                                                                    mjen ningsrls@g mail. com
                                                                                                            .tiircti

                             THE FLORIDA SENATE                                                              Fleming lsland                             Florida                               32003
                             SENATOR NICK DICEGLIE                                                          i.;;it
                                           District 18
  Kathleen Passidomo                                                     Dennis Baxley
  President of the Senate                                                President Pro Tempore                  speaking:             ffi ror. ffi nqainst f'f tnrormation OR waive Speakins: m In support ffi Rgainst
                                                                                                                                                            PLEASE CHECK ONE OFTHE FOLLOWING:
January 11,2024
                                                                                                                                                             fF-- I am a registered lobbyist,
                                                                                                 1:'m
                                                                                                        I am appearing without
                                                                                                        com pensation or sponsorship.
                                                                                                                                                             tLl representir'lg:                                                                          ln   I am not a lobbyist, but received
                                                                                                                                                                                                                                                               something of value for my appearar.tce
Dear Chair Trumbull,                                                                                                                                                                                                                                           (travel, meals, lodging, etc.),
                                                                                                                                                                                                                                                               sponsored by:

   I respectfully request that SB 1786: Professional Licensure and Certification be placed on
the agenda of the Commerce and Tourism Committee at your earliest convenience. If my oflice
can be of any assistance to the commiffee please do not hesitate to contact me at
DiCeglie.Nick@flsenate.gov or (850) 487-5018. Thank you for your consideration.                  This fonn is part of the public record for this meeting.                                                                                                                                            s-001 (08110/2021\


Sincerely,




Nick DiCeglie

State Senator, District 18




                                Prouilly S ercing Pinellas C ounty
                                                                                                                              Txe FuoruoA SENATE
                                                                                                   APPEARANGE REGORD
                                                               (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
            I l:r lz.l
               lvleetiig Date
                                                                                                                                                                                         Sr3 llYU
                                                                                                                                                                                       Bill Number (if applicable)


Topic                  Pl nfrJJiot''rrl I ir r,r.\r,,2                                                    ( + Cr r,"li {\ (A iitvr                                             Amendment Barcode (if applicable)

Name                                      e

Job Title

Address                        i2l k \t{ inlir k4 \"Ur(i\ (,                                                                                                      Phone

                                                 \rrr-l ((-                                                     ft-                                       \       Emai
                          City                                                                                       Sfafe                          Zip

Speaking: |-l for |-lRgainst I                                                                          lnformation                                   Waive Speaking:      x   ln Support     l-l Against
                                                                                                                                                      (The Chairwillread fhls information into the record.)
                                                         -)
           Representing

Appearing at request of Chair:                                                          l-l ves K.ruo                                           Lobbyist registered with Legislature:      l-l ves K'*o
While it rs a Senafe tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possib/e can be heard.

This form is part of the public record for this                                                                   meeting.                                                                          s-oo1 (10/14114)




Renner, Jennifer

From:                                   Garbarino, lsabelle < lsabelle.Garbarino@fdacs.gov>
Sent:                                   Monday, January 29,202410:29 AM
To:                                     Renner, Jennifer
Subject:                                RE: surveyors and mappers




HiJen,

Yes! Thank you for your patience, there are 2,457 licensed surveyors

lf you need anything else, don't hesitate to call!
lzzy



From: Renner, Jennifer <renner.jennifer@flsenate.gov>
Sent: Monday, January 29,2024 8:08 AM
To: Garbarino, lsabelle <lsabelle.Garbarino@fdacs.gov>
Subject: surveyors and mappers

{t
       CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
fr
       recognize the sender and know the content is safe.
f;


Morning lzzy,

Any luck getting a total number of surveyors and mappers in Florida?

Jen


lcttruf7r Rr.nrrcr
Depulv Staff DirectLrr
I'ire Floricla Senate
Committee on Cc.rnmerce & Tourisn'r
31() Kncrtt Building
404 S. \Iolrroe St.
Tallahassee. FI-. 32399
850.4ft7.4itl5
Be!ne-t&nnrfer-Qf !s_e:raE..g9_r:

Written communication to or from state officials regarding state business, including e-mail communications, are public records and may be
subject to public disclosure.




                                                                      1




                                                                                                                                            J
                                                        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 1448
INTRODUCER:       Senator Gruters
SUBJECT:          Transparency in Social Media
DATE:             January 29, 2024                REVISED:


           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. McMillan                           McKay                                 CM              Favorable
2.                                                                          ACJ
3.                                                                          FP



    I.    Summary:

          SB 1448 creates the “Transparency in Social Media Act,” to require each foreign-adversary-
          owned entity1 operating a social media platform in Florida to publicly disclose the core
          functional elements of the social media platform’s content curation and algorithms. The
          disclosures must identify the following:
           Factors that influence content ranking and visibility;
           Measures taken to address misinformation and harmful content; and
           The process of personalization and targeting of content.

          The bill also requires each foreign-adversary-owned entity to make publicly available the source
          code of its algorithm through an open-source license, as well as implement a user verification
          system for each user and organization that purchased advertisements concerning social or
          political issues.

          The Department of Legal Affairs is required to enforce the provisions of the bill.

          The bill takes effect July 1, 2024.

    II.   Present Situation:

          Internet and Social Media Platforms

          There are many ways in which individuals access computer systems and interact with systems
          and other individuals on the Internet. Examples include:



1
 The United States Department of Commerce has identified China (including Hong Kong), Cuba, Iran, North Korea, Russia,
and the Nicolás Maduro regime in Venezuela as foreign adversaries. See 15 CFR § 7.4.
BILL: SB 1448                                                                                                           Page 2


            Social media sites, which are websites and applications that allow users to communicate
             informally with others, find people, and share similar interests;2
            Internet platforms, which are servers used by an Internet provider to support Internet access
             by their customers;3
            Internet search engines, which are computer software used to search data (such as text or a
             database) for specified information;4 and
            Access software providers, which are providers of software (including client or server
             software) or enabling tools for content processing.5

         Such platforms earn revenue through various modes and models. Examples include:
          Data monetization.6 This uses data that is gathered and stored on the millions of users that
            spend time on free content sites, including specific user location, browsing habits, buying
            behavior, and unique interests. This data can be used to help e-commerce companies tailor
            their marketing campaigns to a specific set of online consumers. Platforms that use this
            model are typically free for users to use.7
          Subscription or membership fees. This model requires users pay for a particular or unlimited
            use of the platform infrastructure.8
          Transaction fees. This model allows platforms to benefit from every transaction that is
            enabled between two or more actors. An example is AirBnB, where users transacting on the
            site are charged a fee.9

         Trade Secrets

         Generally, trade secrets are intellectual property rights on confidential information that are used
         by a business and provide an economic advantage to that business.10




2
  DelValle Institute Learning Center, Social Media Platforms, available at
https://delvalle.bphc.org/mod/wiki/view.php?pageid=65 (last visited Jan. 29, 2024).
3
  IGI Global, Internet Platform, available at https://www.igi-global.com/dictionary/internet-platform/15441 (last visited Jan.
29, 2024).
4
  Merriam Webster, Search Engine, available at https://www.merriam-webster.com/dictionary/search%20engine (last visited
Jan. 29, 2024).
5
   47 U.S.C. § 230(f)(4) defining “access software provider to mean a provider of software (including client or server
software), or enabling tools that do any one or more of the following: (i) filter, screen, allow, or disallow content; (ii) pick,
choose, analyze, or digest content; or (iii) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or
translate content.
6
  The Alexander von Humboldt Institute for Internet and Society, How do digital platforms make their money?, July 29,
2019, available at https://www.hiig.de/en/how-do-digital-platforms-make-their-money/ (last visited Jan. 29, 2024).
7
  Investopedia, How Do Internet Companies Profit with Free Services?, available at
https://www.investopedia.com/ask/answers/040215/how-do-internet-companies-profit-if-they-give-away-their-services-
free.asp#:~:text=Profit%20Through%20Advertising,content%20is%20through%20advertising%20revenue.&text=Each%20o
f%20these%20users%20represents,and%20services%20via%20the%20Internet (last visited Jan. 29, 2024).
8
  HIIS, supra note 6.
9
  Id.
10
   See The Florida Bar, Trade Secret (Dec. 14, 2022) https://www.floridabar.org/practice-areas/trade-secrets/ (last visited Jan.
29, 2024).
BILL: SB 1448                                                                                                        Page 3


        Section 812.081, F.S., defines a “trade secret” as information11 used in the operation of a
        business, which provides the business an advantage or an opportunity to obtain an advantage,
        over those who do not know or use it. The test provided for in statute, and adopted by Florida
        courts,12 requires that a trade secret be actively protected from loss or public availability to any
        person not selected by the secret’s owner to have access thereto, and be:
         Secret;
         Of value;
         For use or in use by the business; and
         Of advantage to the business, or providing an opportunity to obtain an advantage, over those
            who do not know or use it.13

        Penalties
        Florida law criminalizes the disclosure or theft of trade secrets. For example:
         Section 815.04, F.S., makes it a third degree felony14 for a person to willfully, knowingly,
            and without authorization disclose or take data, programs, or supporting documentation that
            are trade secrets that reside or exist internal or external to a computer, computer system,
            computer network, or electronic device.15
         Section 812.081, F.S., makes it a third degree felony for a person to steal, embezzle, or copy
            without authorization an article that represents a trade secret, when done with an intent to:
            o Deprive or withhold from the trade secret’s owner the control of a trade secret, or
            o Appropriate a trade secret to his or her own use or to the use of another.

        Florida Data Privacy Regulations

        In 2023, the Florida Legislature passed SB 262, which created a unified scheme to allow
        Florida’s consumers to control the digital flow of their personal information. SB 262 was signed
        by the Governor on June 6, 2023.16 Among other things, SB 262 created ch. 501, part V, F.S.,
        which takes effect on July 1, 2024, and gives Florida consumers the right to:
         Confirm and access their personal data;
         Delete, correct, or obtain a copy of that personal data;
         Opt out of the processing of personal data for the purposes of targeted advertising, the sale of
            personal data, or profiling in furtherance of a decision that produces a legal or similarly
            significant effect concerning a consumer;
         Opt out of the collection or processing of sensitive data, including precise geolocation data;
            and




11
   A trade secret may manifest as any scientific, technical, or commercial information, including any design, process,
procedure, list of suppliers, list of customers, business code, or improvement thereof. Section 812.081, F.S.
12
   See, e.g., Sepro Corp. v. Dep’t. of Envt’l. Prot., 839 So. 2d 781 (Fla. 1st DCA 2003).
13
   Section 812.081(1)(c), F.S.
14
   A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. See ss. 775.082 and 775.083, F.S.
15
   The offense is a second degree felony if committed for the purpose of creating or executing any scheme or artifice to
defraud or to obtain property.
16
   See ch. 2023-201, Laws of Fla.
BILL: SB 1448                                                                                              Page 4


               Opt out of the collection of personal data collected through the operation of a voice
                recognition or facial recognition feature.

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

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

            A violation of ch. 501, part V, F.S is an unfair and deceptive trade practice actionable under ch.
            501, part II, F.S., to be enforced by the Department of Legal Affairs (DLA). The DLA may
            provide a right to cure a violation of ch. 501, part V, F.S., by providing written notice of the
            violation and then allowing a 45-day period to cure the alleged violation. The DLA is required to
            make a report publicly available by February 1 each year on the DLA’s website that describes
            any actions it has undertaken to enforce ch. 501, part V, F.S.

            SB 262 also created s. 112.23, F.S., which prohibits employees of a governmental entity from
            using their position or any state resources to communicate with a social media platform to
            request that it remove content or accounts. Additionally, a governmental entity cannot initiate or
            maintain any agreements with a social media platform for the purpose of content moderation.
            These prohibitions do not apply to routine account maintenance, attempts to remove accounts or
            content pertaining to the commission of a crime, or efforts to prevent imminent bodily harm, loss
            of life, or property damage.

            Florida Deceptive and Unfair Trade Practices Act

            History and Purpose
            The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) became law in 1973.17 The
            FDUTPA is a consumer and business protection measure that prohibits unfair methods of
            competition, unconscionable acts or practices, and unfair or deceptive acts or practices in trade or


17
     Ch. 73-124, Laws of Fla.; codified at part II of ch. 501, F.S.
BILL: SB 1448                                                                                                          Page 5


         commerce.18 The FDUTPA is based on federal law, and s. 501.204(2), F.S., provides that it is the
         intent of the Legislature that due consideration and great weight must be given to the
         interpretations of the Federal Trade Commission and the federal courts relating to section 5 of
         the Federal Trade Commission Act.19

         The State Attorney or the Department of Legal Affairs may bring actions when it is in the public
         interest on behalf of consumers or governmental entities.20 The Office of the State Attorney may
         enforce violations of the FDUTPA if the violations take place in its jurisdiction.21 The
         Department of Legal Affairs has enforcement authority if the violation is multi-jurisdictional, the
         state attorney defers in writing, or the state attorney fails to act within 90 days after a written
         complaint is filed.22 Consumers may also file suit through private actions.23

         Remedies under the FDUTPA
         The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the
         following remedies:
          Declaratory judgments.
          Injunctive relief.
          Actual damages on behalf of consumers and businesses.
          Cease and desist orders.
          Civil penalties of up to $10,000 per willful violation.24

         Remedies for private parties are limited to the following:
          A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA
            violation.
          Actual damages, attorney fees, and court costs, where a person has suffered a loss due to a
            FDUTPA violation.25




18
   See s. 501.202, F.S. Trade or commerce means the advertising, soliciting, providing, offering, or distributing, whether by
sale, rental, or otherwise, of any good or service, or any property, whether tangible or intangible, or any other article,
commodity, or thing of value, wherever situated. “Trade or commerce” shall include the conduct of any trade or commerce,
however denominated, including any nonprofit or not-for-profit person or activity. See s. 501.203(8), F.S.
19
   See s 501.204(2), F.S.
20
   See ss. 501.203(2), 501.206, and 501.207, F.S.
21
   Section 501.203(2), F.S.
22
   Id.
23
   Section 501.211, F.S.
24
   Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Section 501.2075,
F.S. Enforcing authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
25
   Section 501.211(1) and (2), F.S.
BILL: SB 1448                                                                                                      Page 6


        Freedom of Speech and Internet Platforms

        Section 230
        The federal Communications Decency Act (CDA) was passed in 1996 “to protect children from
        sexually explicit Internet content.”26 47 U.S. Code § 230 (Section 230) was added as an
        amendment to the CDA to maintain the robust nature of Internet communication and,
        accordingly, to keep government interference in the medium to a minimum.”27

        Congress stated in Section 230 that “[i]t is the policy of the United States—(1) to promote the
        continued development of the Internet and other interactive computer services and other
        interactive media; [and] (2) to preserve the vibrant and competitive free market that presently
        exists for the Internet and other interactive computer services, unfettered by Federal or State
        regulation.”28

        Specifically, Section 230 states that no provider or user of an interactive computer service may
        be held liable on account of:29
         Any action voluntarily taken in good faith to restrict access to or availability of material that
            the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent,
            harassing, or otherwise objectionable, whether or not such material is constitutionally
            protected; or
         Any action taken to enable or make available to information content providers or others the
            technical means to restrict access to material from any person or entity that is responsible for
            the creation or development of information provided through any interactive computer
            service.

        Section 230 eased Congressional concern regarding the outcome of two inconsistent judicial
        decisions,30 both of which applied traditional defamation law to internet providers.31 The first
        decision held that an interactive computer service provider could not be liable for a third party's
        defamatory statement, however the second decision imposed liability where a service provider
        filtered content in an effort to block obscene material.32 To provide clarity, Section 230 provides
        that “[n]o provider ... of an interactive computer service shall be treated as the publisher or
        speaker of any information provided by another information content provider.”33 In light of the




26
   See 1 Force v. Facebook, Inc., 934 F.3d 53, 63 (2d Cir. 2019) (citing FTC v. LeadClick Media, LLC, 838 F.3d 158, 173 (2d
Cir. 2016) (citing 141 Cong. Rec. S1953 (daily ed. Feb. 1, 1995) (statement of Sen. Exon)).
27
   Force, 934 F.3d at 63 (quoting Ricci v. Teamsters Union Local 456, 781 F.3d 25, 28 (2d Cir. 2015) (quoting Zeran v. Am.
Online, Inc., 129 F.3d 327, 330 (4th Cir. 1997)).
28
   47 U.S.C. § 230(b)(1)–(2).
29
   47 U.S.C. § 230(c).
30
   Cubby, Inc. v. CompuServe, Inc., 776 F. Supp. 135 (S.D.N.Y. 1991) and Stratton Oakmont, Inc. v. Prodigy Servs. Co., No.
31063/94, 1995 WL 323710 (N.Y. Sup. Ct. May 24, 1995).
31
   Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173).
32
   Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173 (citing 141 Cong. Rec. H8469-70 (daily ed. Aug. 4, 1995)
(statement of Rep. Cox))).
33
   47 U.S.C. § 230(c)(1).
BILL: SB 1448                                                                                                     Page 7


        objectives of Congress, the Circuits are in general agreement that the text of Section 230(c)(1)
        should be construed broadly in favor of immunity.34

        Section 230 specifically addresses how the federal law affects other laws. Section 230 prohibits
        all inconsistent causes of action and prohibits liability imposed under any state or local law.35
        Section 230 does not affect federal criminal law, intellectual property law, the Electronic
        Communications Privacy Act of 1986, or sex trafficking law.

        There have been criticisms of the broad immunity provisions or liability shields which force
        individuals unhappy with third-party content to sue the user who posted it. While this immunity
        has fostered the free flow of ideas on the Internet, critics have argued that Section 230 shields
        publishers from liability for allowing harmful content.36 Congressional and executive proposals
        to limit immunity for claims relating to platforms purposefully hosting content from those
        engaging in child exploitation, terrorism, and cyber-stalking have been introduced.37 Bills have
        been filed that would require internet platforms to have clear content moderation policies, submit
        detailed transparency reports, and remove immunity for platforms that engage in certain
        behavioral advertising practices.38 Proposals have also been offered to limit the liability shield
        for internet providers who restrict speech based on political viewpoints.39

        Recently, the United States Supreme Court heard Twitter, Inc. v. Taamneh and Gonzalez v.
        Google; these cases alleged that Twitter and Google aided and abetted terrorists who posted
        content to their platforms, and a key issue in both cases was whether social media companies can
        be held liable for their targeted recommendation algorithms.40 However, the court decided both
        cases on alternative grounds, which leaves the question unanswered.

        Freedom of Speech
        The First Amendment of the United States Constitution protects the right to freedom of
        expression from government interference. The First Amendment is applicable to the states
        through the Due Process Clause of the Fourteenth Amendment.41 “The First Amendment assures
        the broadest tolerable exercise of free speech, free press, and free assembly, not merely for
        religious purposes, but for political, economic, scientific, news, or informational ends as well.”42
        “Online speech is equally protected under the First Amendment as there is ‘no basis for
        qualifying the level of First Amendment scrutiny that should be applied’ to online speech.”43



34
   Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173).
35
   47 U.S.C. § 230(e).
36
   Zoe Bedell and John Major, What’s Next for Section 230? A Roundup of Proposals Lawfare, (July 29, 2020)
https://www.lawfareblog.com/whats-next-section-230-roundup-proposals (last visited Jan. 29, 2024).
37
   Id.
38
   Bedell, supra note 20; PACT Act, S.4066, 116th Cong. (2020); BAD ADS Act, S.4337, 116th Cong. (2020).
39
   Bedell, supra note 20; Limiting Section 230 Immunity to Good Samaritans Act, S.3983, 116th Cong. (2020).
40
   See Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023) and Gonzalez v. Google LLC, 143 S. Ct. 1191 (2023).
41
   See De Jonge v. Oregon, 299 U.S. 353, 364–65(1937)(incorporating right of assembly);(incorporating right of freedom of
speech).
42
   Douglas v. City of Jeannette (Pennsylvania), 319 U.S. 157, 179, (1943) (Jackson, J., concurring in result).
43
   Reno v. Am. Civil Liberties Union, 521 U.S. 844, 870 (1997).
BILL: SB 1448                                                                                                          Page 8


         It is well established that a government regulation based on the content of speech is
         presumptively invalid and will be upheld only if it is necessary to advance a compelling
         governmental interest, precisely tailored to serve that interest, and is the least restrictive means
         available for establishing that interest.44 The government bears the burden of demonstrating the
         constitutionality of any such content-based regulation.45

         The United States Supreme Court has recognized that First Amendment protection extends to
         corporations.46 “This protection has been extended by explicit holdings to the context of political
         speech.”47 Under these precedents, it is well settled that political speech does not lose First
         Amendment protection “simply because its source is a corporation.”48 Generally, the government
         may not require a corporation to host another’s speech absent a showing of a compelling state
         interest.49

         Supremacy Clause, Commerce Clause, and Bills of Attainder
         The U.S. Constitution’s Supremacy Clause establishes that federal statutes, treaties, and the U.S.
         Constitution are the “supreme Law of the Land.”50

         Federal law may preempt state action that thwarts federal law in three ways:
          By an express statement of its intent to occupy a field. Express preemption need not be total,
            however—it can preempt all state laws or only certain state laws.
          With “a framework of regulation so pervasive that Congress left no room for the States to
            supplement it or where the federal interest is so dominant that the federal system will be
            assumed to preclude enforcement of state laws on the same subject.”51
          Where state law conflicts, leaving an actor to choose whether to adhere to state or federal
            law.52 The state law may also be subject to conflict preemption where it “stands as an
            obstacle to the accomplishment and execution of the full purposes and objectives of
            Congress.”53




44
   Ashcroft v. Am. Civil Liberties Union, 542 U.S. 656, 665-66 (2004).
45
   Id. at 660.
46
   Citizens United v. Federal Election Commission, 558 U.S. 310, 342 (2010).
47
   Id. (citing NAACP v. Button v. 371 U.S.415, 428-429 (1963); Grosjean v. American Press Co., 297 U.S. 233, 244 (1936)).
48
   Id. (citing First Nat. Bank of Boston v. Bellotti, 435 U.S. at 784 (1978); Pacific Gas & Elec. Co. v. Public Util. Comm'n of
Cal., 475 U.S. 1, 8, 106 S.Ct. 903, 89 L.Ed.2d 1 (1986) (plurality opinion) (“The identity of the speaker is not decisive in
determining whether speech is protected. Corporations and other associations, like individuals, contribute to the ‘discussion,
debate, and the dissemination of information and ideas' that the First Amendment seeks to foster” (quoting Bellotti, 435 U.S.,
at 783)).
49
   Consolidated Edison Co. v. Public Service Commission, 447 U.S. 530 (1980); First National Bank of Boston v. Belliotti,
438 U.S. (1978); Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974); Pacific Gas & Electric Co. v. Public
Utilities Commission of California, 475 U.S. 1 (1986).
50
   U.S. CONST., Art. VI, cl. 2.
51
   Arizona v. U.S., 567 U.S. 387, 399 (2012).
52
   Crosby v. Nat’l. Foreign Trade Council, 530 U.S. at 372 (2000).
53
   Nat’l Foreign Trade Council, Inc. v. Giannoulias, 523 F. Supp. 2d 731 (N.D. Ill. Feb. 23, 2007), quoting Hines v.
Davidowitz, 312 U.S. 52, 67 (1941).
BILL: SB 1448                                                                                                              Page 9


         The federal government’s authority to act in the realm of foreign affairs is vested by the U.S.
         Constitution.54 State laws that intrude into this field of foreign affairs, even where not preempted
         by prior federal action, improperly impact foreign affairs and are therefore invalid.55 Courts have
         generally held, however, that the state’s intrusion must have more than an “incidental effect” on
         foreign affairs in order to be considered an encroachment onto the federal government’s
         powers.56

         Article I, section 8, clause 3 of the U.S. Constitution grants Congress the power to “regulate
         commerce with foreign nations ....” Conversely, this provision serves as a limitation on states’
         authority to encroach onto the realm of foreign commerce where such action creates a risk of
         conflicts with foreign governments or impedes the federal government’s ability to speak with
         one voice in regulating industry affairs with foreign states.57 The “dormant foreign commerce
         power”58 voids state acts upon foreign commerce because of the Constitution's overriding
         concern for national uniformity in foreign commerce—even in instances when Congress has not
         affirmatively acted.59 Courts also generally subject state action to a heightened scrutiny that
         assumes the supremacy of federal action in the realm of foreign relations.60

         Additionally, Congress has the power to regulate commerce among the states.61 Though phrased
         as a grant of regulatory power to Congress, the Commerce Clause has long been understood to
         have a negative or dormant aspect that denies the states the power to unjustifiably discriminate
         against or burden the interstate flow of articles of commerce.62

         Article I, section 9, of the U.S. Constitution provides that Congress shall pass “No Bill of
         Attainder or ex post facto Law.” Similarly, Article I, section 10, of the U.S. Constitution
         prohibits the states from enacting bills of attainder. The Supreme Court has described a bill of
         attainder as “a law that legislatively determines guilt and inflicts punishment upon an identifiable
         individual without provision of the protections of judicial trial.”63




54
   See, e.g., U.S. CONST., Art. I, s. 8 (power to declare war, maintain a military, and regulate foreign commerce); U.S.
CONST., Art. II, s. 2 (power to enter into treaties); U.S. CONST., Art. III, s. 2 (power to hear case involving foreign states and
citizens).
55
   Zschernig v. Miller, 389 U.S. 429 (1968); American Ins. Ass’n. v. Garamendi, 539 U.S. 396 (2003) (finding that the
President’s powers in foreign policy were so great as to outweigh any need for a direct expression of preemption.)
56
   Hines v. Davidowitz, 312 U.S. 52, 67 (1941).
57
   Japan Line v. County of Los Angeles, 441 U.S. 434, 446 (1979).
58
   See generally, Stephen Mulligan, Congressional Research Service, Constitutional Limits on States’ Power over Foreign
Affairs, 3-4 (Aug. 15, 2022), available at https://crsreports.congress.gov/product/pdf/LSB/LSB10808 (last visited Jan. 29,
2024).
59
   United States v. Davila-Mendoza, 972 F.3d 1264 (11th Cir. 2020).
60
   “The premise […] is that the Commerce Clause analysis is identical, regardless of whether interstate or foreign commerce
is involved. This premise […] must be rejected. When construing Congress’ power to ‘regulate Commerce with foreign
Nations,’ a more extensive constitutional inquiry is required.” Japan Line at 446.
61
   U.S. CONST., Art. I, s. 8
62
   Or. Waste Sys., Inc. v. Dep’t of Envtl. Quality of Or., 511 U.S. 93, 98 (1994).
63
   See Nixon v. Administrator of General Services, 433 U.S. 425 (1977).
BILL: SB 1448                                                                                                             Page 10


         The International Emergency Economic Powers Act (IEEPA)

         The IEEPA gives the President of the United States regulatory authority over a variety of
         economic transactions in the event of a national emergency that constitutes an unusual and
         extraordinary threat.64 As of September 1, 2023, Presidents had declared 69 national emergencies
         invoking IEEPA, 39 of which are ongoing.65 Executive Orders 13,87366 and 14,034 invoked
         IEEPA authority in response to concerns about foreign adversaries’ access to American digital
         data.67 Executive Order 13,873, references risks posed by foreign adversaries, which the order
         defines as any foreign government or foreign person “engaged in a long-term pattern or serious
         instances of conduct significantly adverse” to U.S. security or the safety of U.S. persons.68
         Subsequently, the Department of Commerce identified China (including Hong Kong), Cuba,
         Iran, North Korea, Russia, and the Nicolás Maduro regime in Venezuela as foreign adversaries. 69

         Florida SB 7072 (2021)

         In 2021, the Florida Legislature passed SB 7072, which addressed concerns related to social
         media platforms. SB 7072 was signed by the Governor on May 24, 2021. Section 501.2041, F.S.,
         was created, which provides that a social media platform must:
          Publish standards used for determining how to censor, deplatform, and shadow ban users,
             and apply such standards in a consistent manner;



64
   See Congressional Research Service, Montana’s TikTok Ban, an Injunction, and Pending Legal Actions (December 8,
2023), available at
https://crsreports.congress.gov/product/pdf/LSB/LSB10972#:~:text=Commerce%20Clause%3A%20The%20court%20found,
concept%20Montana%20did%20not%20contest. (last visited Jan. 29, 2024). See also 50 U.S.C. § 1701.
65
   See Congressional Research Service, The International Emergency Economic Powers Act: Origins, Evolution, and Use
(September 28, 2023), available at https://crsreports.congress.gov/product/pdf/R/R45618 (last visited Jan. 29, 2024).
66
   The Supply Chain Rule implements Executive Orders 13873 and 14034, titled Securing the Information and
Communications Technology and Services Supply Chain (ICTS). Invoking National Emergencies Act (50 U.S.C. § 1601)
and citing the International Emergency Economic Powers Act (50 U.S.C. §1701), then-President Trump declared a national
emergency because of the threat of foreign adversaries exploiting vulnerabilities in ICTS. In response to this threat, Executive
Order 13873 prohibits transactions involving foreign-owned ICTS that present (1) an undue risk of sabotage or subversion to
ICTS in the United States, (2) an undue risk of catastrophic effects on the security or resiliency of critical infrastructure or the
digital economy in the United States, or (3) an unacceptable risk to U.S. national security or the security and safety of U.S.
persons. The order delegates implementation to the Department of Commerce. In June 2021, President Biden issued
Executive Order 14034, which directed the Secretary of Commerce to evaluate the risks posed by connected software
applications, commonly called “apps.” The order identified additional criteria for Commerce to consider when evaluating
transactions involving apps under the Supply Chain Rule. Factors include the app’s capacity to enable espionage and the
sensitivity of data collected. In June 2023, Commerce published a final rule (88 FR 39353), effective July 17, 2023, that
expressly includes apps in the definition of ICTS and adds app-specific risk factors to the Supply Chain Rule. See
Congressional Research Service, The Information and Communications Technology and Services (ICTS) Rule and Review
Process (June 22, 2023), available at https://crsreports.congress.gov/product/pdf/IF/IF11760 (last visited Jan. 29, 2024).
67
   See Congressional Research Service, Montana’s TikTok Ban, an Injunction, and Pending Legal Actions (December 8,
2023), available at
https://crsreports.congress.gov/product/pdf/LSB/LSB10972#:~:text=Commerce%20Clause%3A%20The%20court%20found,
concept%20Montana%20did%20not%20contest (last visited Jan. 29, 2024).
68
   Id.
69
   15 CFR § 7.4.
BILL: SB 1448                                                                                             Page 11


           Inform each user about any changes to its user rules, terms, and agreements before
            implementing the changes and not make changes more than once every 30 days;
           Notify a user in a specified manner censoring or deplatforming the user;
           Allow a user to request the number of other individuals who were shown the user's content or
            posts, and provide such information upon such request by the user;
           Provide users with an option to opt out of post-prioritization and shadow banning algorithms
            to allow sequential or chronological posts and content;
           Provide users with an annual notice on the use of algorithms for post-prioritization and
            shadow banning and reoffer annual notice on the use of algorithms for post-prioritization and
            shadow banning;
           Ensure that posts by or about candidates for office in Florida are not shadow banned;
           Allow a user who has been deplatformed to access or retrieve all of the user’s information,
            content, material, and data for at least 60 days after the user receives the required notice; and
           Ensure that journalistic enterprises are not censored, deplatformed, or shadow banned.

        In s. 501.2041, F.S., “Social media platform” is defined as any information service, system,
        Internet search engine, or access software that:
         Provides or enables computer access by multiple users to a computer server, including an
            Internet platform and/or a social media site;
         Operates as a sole proprietorship, partnership, limited liability company, corporation,
            association, or other legal entity;
         Does business in Florida; and
         Satisfies at least one of the following thresholds:
            o Annual gross revenues in excess of $100,000,000, as adjusted in January of each odd
                numbered year to reflect any increase in the Consumer Price Index; or
            o At least 100,000,000 monthly individual platform participants globally.

        Section 501.2041, F.S., also provides for enforcement by permitting the Department of Legal
        Affairs to find a social media platform who fails to comply with the requirements stated above to
        be in violation of the Florida Deceptive and Unfair Trade Practices Act. Additionally, a user may
        bring a private cause of action against a social media platform for failing to consistently apply
        certain standards for censoring or deplatforming without proper notice.

        Litigation History
        Immediately after the bill was signed by the Governor, but prior to the bill’s effective date of
        July 1, 2021, the plaintiff filed a complaint in the U.S. District Court for the Northern District of
        Florida challenging the constitutionality of many of the bill’s provisions and exceptions, and
        immediately moved the Court for a preliminary injunction. The District Court granted the
        preliminary injunction on June 30, 2021.70

        The filed complaint alleges the following:


70
  NetChoice, LLC v. Moody, 546 F. Supp. 3d 1082 (N.D. Fla. 2021) (NetChoice, LLC, and the Computer & Communications
Industry Association are trade associations whose members include social media providers).
BILL: SB 1448                                                                                      Page 12


            Count 1 of the complaint alleges the Act “violates the First Amendment's free-speech clause
             by interfering with the providers’ editorial judgment, compelling speech, and prohibiting
             speech.”
            Count 2 alleges the Act “is vague in violation of the Fourteenth Amendment.”
            Count 3 alleges the Act “violates the Fourteenth Amendment's equal protection clause by
             impermissibly discriminating between providers that are or are not under common ownership
             with a large theme park and by discriminating between providers that do or do not meet the
             Act's size requirements.”
            Count 4 alleges the Act “violates the Constitution's dormant commerce clause.”
            Count 5 alleges the Act “is preempted by 47 U.S.C. § 230(e)(3), which, together with §
             230(c)(2)(A), expressly prohibits imposition of liability on an interactive computer service—
             this includes a social-media provider—for action taken in good faith to restrict access to
             material the service finds objectionable.”71

        The District Court indicated that the law was not clearly settled related to issues about First
        Amendment treatment of social-media providers: “The plaintiffs say, in effect, that they should
        be treated like any other speaker. The State says, in contrast, that social-media providers are
        more like common carriers, transporting information from one person to another much as a train
        transports people or products from one city to another. The truth is in the middle.”72

        The District Court determined that strict scrutiny applied as the standard to be used:

        “Viewpoint- and content-based restrictions on speech are subject to strict scrutiny. A law
        restricting speech is content-based if it “applies to particular speech because of the topic
        discussed or the idea or message expressed.” Laws that are facially content-neutral, but that
        cannot be justified without reference to the content of the regulated speech, or that were adopted
        because of disagreement with the speaker's message, also must satisfy strict scrutiny.”73

        The District Court enjoined the State from enforcing any provision of s. 501.2041, F.S., on
        preemption and First Amendment grounds.

        The State filed an appeal of the District Court’s decision in the U.S. Court of Appeals for the
        Eleventh Circuit.

        On May 23, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s
        preliminary injunction in part, and vacated and remanded it in part.74
        The Eleventh Circuit found the following provisions of SB 7072, to likely violate the First
        Amendment:
         Section 106.072(2), F.S., which pertains to candidate deplatforming;



71
   NetChoice, LLC, 546 F. Supp. 3d at 1085.
72
   NetChoice, LLC, 546 F. Supp. 3d at 1091.
73
   NetChoice, LLC, 546 F. Supp. 3d at 1093.
74
   Moody v. NetChoice, LLC, 34 F.4th 1196 (11th Cir. 2022).
BILL: SB 1448                                                                                        Page 13


              Section 501.2041(2)(h), F.S., which pertains to the use of algorithms for the purpose of post-
               prioritization or shadow banning candidates;
              Section 501.2041(2)(j), F.S., which pertains to journalistic enterprises;
              Section 501.2041(2)(b), F.S., which pertains to the consistent application of censorship,
               deplatforming, and shadow banning standards;
              Section 501.2041(2)(c), F.S., which limits the number of changes that can be made to once
               every 30 days;
              Sections 501.2041(2)(f) and 501.2041(2)(g), F.S., which pertain to categorizing algorithms
               used for post-prioritization and shadow banning, as well as allowing for user opt-outs; and
              Section 501.2041(2)(d), F.S., which pertains to notifying a user when their content is
               censored or shadow banned.

           However, the Eleventh Circuit found the following provisions of SB 7072, to likely not violate
           the First Amendment:
            Section 501.2041(2)(a), F.S., which pertains to the publication of standards used for
               determining how to censor, deplatform, and shadow ban;
            Section 501.2041(2)(c), F.S., which pertains to informing users to any changes to its user
               rules, terms, and agreements before implementing the changes;
            Section 501.2041(2)(e), F.S., which pertains to user view counts;
            Section 501.2041(2)(i), F.S., which pertains to user data access; and
            Section 106.072(4), F.S., which pertains to free advertising for a candidate.75

           The United States Supreme Court is set to hear oral arguments on February 26, 2024.

           Effect of Proposed Changes:

           The bill creates s. 501.20411, F.S., to be cited as the “Transparency in Social Media Act.”
           Additionally, the Legislature finds that:
            Social media platforms play a significant role in shaping public discourse and opinions;
            Algorithms used by social media platforms can influence user behavior and content visibility;
            Transparency in the functioning of such algorithms and in political and social advertising is
              vital for safeguarding democratic values and user privacy; and
            Ownership of social media platforms by foreign entities can raise concerns regarding foreign
              influence and data security.

           The bill provides the following definitions:
            “Social media platform” means a public online service that allows users to create and share
              or participate in social networking; and
            “Social or political advertising” means any advertisement on a social media platform that
              discusses social or political issues or is intended to influence public opinion or electoral
              outcomes.




75
     Moody 34 F.4th 1196.
BILL: SB 1448                                                                                       Page 14


       The bill requires each foreign-adversary owned entity operating a social media platform in
       Florida to publicly disclose the core functional elements of the social media platform’s content
       curation and algorithms. The disclosures must identify the following:
        Factors that influence content ranking and visibility;
        Measures taken to address misinformation and harmful content; and
        The process of personalization and targeting of content.

       The bill requires each foreign-adversary-owned entity operating a social media platform in
       Florida to make publicly available the source code of its algorithm through an open-source
       license.

       The bill also requires each foreign-adversary-owned entity operating a social media platform to
       implement a user verification system for each user and organization that purchased
       advertisements concerning social or political issues. The system must verify key identifying
       information, including citizenship, residency, and age of the user or the individuals that own the
       organization, as applicable. Once verified, the identity of the purchaser of each social or political
       advertisement must be disclosed with the advertisement.

       A foreign-adversary-owned entity operating a social media platform that violates the provisions
       of this bill is liable up to $10,000 for each discrete violation. The Department of Legal Affairs is
       given enforcement authority.

       The bill takes effect July 1, 2024.

III.   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:

                See the “Present Situation,” in Section II of this bill analysis.
 BILL: SB 1448                                                                                                                        Page 15


 IV.    Fiscal Impact Statement:

        A.       Tax/Fee Issues:

                 None.

        B.       Private Sector Impact:

                 Foreign-adversary-owned entities will be required to implement the provisions in the bill,
                 which includes disclosure requirements and a user verification system.

        C.       Government Sector Impact:

                 The Department of Legal Affairs will be required to enforce the provisions in the bill.

  V.    Technical Deficiencies:

        None.

 VI.    Related Issues:

        The definition provided in the bill for “social or political advertising,” is potentially unclear and
        overbroad.

        The bill defines “foreign-adversary-owned entity” as a social media company that is owned or
        substantially controlled by nationals, governments, or corporations domiciled, incorporated, or
        otherwise holding residence in a country designated as a foreign adversary under 15 C.F.R. s 7.4.
        It is unclear what amount or level of ownership is intended by use of “owner,” or what
        “substantially controlled” means as used in the definition.

        Lack of clarity in the definitions could lead to problems in compliance and enforcement.

VII.    Statutes Affected:

        This bill creates section 501.20411 of the Florida Statutes.

VIII.   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 1448          Florida Senate - 2024                                       SB 1448



       By Senator Gruters




       22-01114A-24                                            20241448__            22-01114A-24                                              20241448__
1                              A bill to be entitled                          30     can raise concerns regarding foreign influence and data
2           An act relating to transparency in social media;                  31     security.
3           creating s. 501.20411, F.S.; providing a short title;             32          (3) For purposes of this section, the term:
4           providing legislative findings; providing definitions;            33          (a) “Algorithm” has the same meaning as in s. 501.2041(1).
5           requiring foreign-adversary-owned entities operating              34          (b) “Foreign-adversary-owned entity” means a social media
6           social media platforms in the state to publicly                   35     company that is owned or substantially controlled by nationals,
7           disclose specified information in a certain manner;               36     governments, or corporations domiciled, incorporated, or
8           requiring foreign-adversary-owned entities operating              37     otherwise holding residence in a country designated as a foreign
9           social media platforms to implement a user                        38     adversary under 15 C.F.R. s. 7.4.
10          verification system for certain entities; providing               39          (c) “Social media platform” means a public online service
11          penalties; requiring enforcement by the Department of             40     that allows users to create and share or participate in social
12          Legal Affairs; providing an effective date.                       41     networking.
13                                                                            42          (d) “Social or political advertising” means any
14     Be It Enacted by the Legislature of the State of Florida:              43     advertisement on a social media platform that discusses social
15                                                                            44     or political issues or is intended to influence public opinion
16          Section 1. Section 501.20411, Florida Statutes, is created        45     or electoral outcomes.
17     to read:                                                               46          (4)(a) Each foreign-adversary-owned entity operating a
18          501.20411 Transparency in Social Media Act.—                      47     social media platform in the state must publicly disclose the
19          (1) This section may be cited as the “Transparency in             48     core functional elements of the social media platform’s content
20     Social Media Act.”                                                     49     curation and algorithms.
21          (2) The Legislature finds that:                                   50          (b) The disclosure must identify:
22          (a) Social media platforms play a significant role in             51          1. The factors that influence content ranking and
23     shaping public discourse and opinion.                                  52     visibility.
24          (b) Algorithms used by social media platforms can influence       53          2. Measures taken to address misinformation and harmful
25     user behavior and content visibility.                                  54     content.
26          (c) Transparency in the functioning of such algorithms and        55          3. The process of personalization and targeting of content.
27     in political and social advertising is vital for safeguarding          56          (5) Each foreign-adversary-owned entity operating a social
28     democratic values and user privacy.                                    57     media platform must make publicly available the source code of
29          (d) Ownership of social media platforms by foreign entities       58     its algorithms through an open-source license.

                                   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 1448




       22-01114A-24                                           20241448__
59          (6)(a) Each foreign-adversary-owned entity operating a
60     social media platform must implement a user verification system
61     for each user and organization that purchases advertisements
62     concerning social or political issues. The system must verify
63     key identifying information, including citizenship, residency,
64     and age of the user or the individuals that own the
65     organization, as applicable.
66          (b) Once verified, the identity of the purchaser of each
67     social or political advertisement must be disclosed with the
68     advertisement.
69          (7)(a) A foreign-adversary-owned entity operating a social
70     media platform that violates this section is liable up to
71     $10,000 for each discrete violation.
72          (b) The Department of Legal Affairs shall enforce this
73     section.
74          Section 2. This act shall take effect July 1, 2024.




                                  Page 3 of 3
     CODING: Words stricken are deletions; words underlined are additions.
                                                                                 The Florida Senate                                              ,:.,46
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               Speaking: !            ror !        Against I           lnformation OR                       Waive Speaking:          p tn sropott !               Against



                                                                   PLEASE CHECK ONE OF THE FOLLOWING:

       lam appearing without
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                                                                                                                                                 something ofvalue for my appearance
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             O nno                      €n                  k,oJ*t),
White it is a trcdition to encourage public testimony, time may not permit all persons wishinq to speak
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This form is part of the public record forthis meeting.                                                                                                                     5-oo1 (08/10/2021)
                                                                                       9:16:26 AM   SB 1688 reported favorably
                                 CourtSmart Tag Report                                 9:16:49 AM   Chair Trumbull
                                                                                       9:16:53 AM   Tab 3, SB 1072, Tourist Development introduced
                                                                                       9:16:58 AM   Explanation by Senator Avila
Room: SB 110                       Case No.:                                Type:      9:18:34 AM   Chair Trumbull
Caption: Senate Commerce and Tourism Committee                              Judge:     9:19:40 AM   Speaker Maria Lasday
                                                                                       9:21:11 AM   Speaker Robert Yaffe
Started: 1/30/2024 9:01:22 AM                                                          9:21:36 AM   Milton Segarra waives
Ends:    1/30/2024 10:12:12 AM       Length: 01:10:51                                  9:21:46 AM   Samantha Padgett waives
                                                                                       9:21:54 AM   Mat Forrest waives
9:01:21 AM    Chair Trumbull calls the meeting the order                               9:22:01 AM   Chair Trumbull
9:01:25 AM    Roll call                                                                9:22:05 AM   Debate
9:01:42 AM    Quorum present                                                           9:22:10 AM   Senator Rodriguez
9:01:50 AM    Chair Trumbull with comments                                             9:23:38 AM   Chair Trumbull
9:01:57 AM    Tab 1, SB 832, Employment of Individuals with Disabilities introduced    9:23:43 AM   Senator Avilla in closure
9:02:21 AM    Senator Calatayud with explanation                                       9:25:31 AM   Chair Trumbull
9:03:07 AM    Chair Trumbull                                                           9:25:56 AM   Roll call
9:03:13 AM    Speaker Laura Lee Minutello                                              9:26:02 AM   SB 1072 reported favorably
9:05:08 AM    Chair Trumbull                                                           9:26:13 AM   Tab 8, SB 1448, Transparency in Social Media introduced
9:05:18 AM    Closure waived                                                           9:26:31 AM   Explanation by Senator Gruters
9:05:21 AM    Roll call                                                                9:26:55 AM   Chair Trumbull
9:05:26 AM    SB 832 reported favorably                                                9:27:39 AM   Jared Willis waives
9:05:38 AM    Tab 2, CS/SB 902, Motor Vehicle Retail Financial Agreements introduced   9:27:50 AM   Closure by Senator Gruters
9:06:00 AM    Explanation by Senator Boyd                                              9:27:55 AM   Chair Trumbull
9:06:08 AM    Late-filed Amendment Barcode 945370 introduced                           9:28:03 AM   Roll call
9:06:57 AM    Explanation of Amendment by Senator Boyd                                 9:28:08 AM   SB 1448 reported favorably
9:07:04 AM    Chair Trumbull                                                           9:28:19 AM   Recording Paused
9:07:12 AM    Closure waived                                                           9:30:59 AM   Recording Resumed
9:07:15 AM    Amendment adopted                                                        9:31:02 AM   Chair Trumbull
9:07:18 AM    Chair Trumbull                                                           9:32:06 AM   Tab 5, SB 1596, Employment of Minors introduced
9:07:22 AM    Ashley Kalifeh waives                                                    9:32:14 AM   Explanation by Senator Burgess
9:07:28 AM    Chair Trumbull                                                           9:33:36 AM   Chair Trumbull
9:07:32 AM    Closure waived                                                           9:34:39 AM   Questions
9:07:35 AM    Roll call                                                                9:34:42 AM   Senator Stewart
9:07:38 AM    CS/CS/SB 902 reported favorably                                          9:34:47 AM   Senator Burgess
9:07:47 AM    Tab 7, SB 1786, Professional Licensure and Certification introduced      9:35:24 AM   Senator Stewart
9:08:10 AM    Explanation by Senator DiCeglie                                          9:35:34 AM   Senator Burgess
9:09:14 AM    Chair Trumbull                                                           9:36:09 AM   Chair Trumbull
9:09:21 AM    Speaker Matthew Jennings                                                 9:36:22 AM   Senator Stewart
9:10:13 AM    Tyler Cox waives                                                         9:36:27 AM   Senator Burgess
9:11:18 AM    Chair Trumbull                                                           9:37:16 AM   Senator Stewart
9:11:25 AM    Closure by Senator DiCeglie                                              9:37:24 AM   Senator Burgess
9:11:27 AM    Roll call                                                                9:38:31 AM   Chair Trumbull
9:11:33 AM    SB 1786 reported favorably                                               9:38:38 AM   Speaker Laura Munoz
9:11:41 AM    Tab 4, SB 1346, Limited Liability Companies introduced                   9:41:52 AM   Speaker Jackson Oberlink
9:12:00 AM    Explanation by Senator Berman                                            9:44:47 AM   Elvin Marte waives
9:12:41 AM    Chair Trumbull                                                           9:44:53 AM   Speaker Dr. Rich Templin
9:12:45 AM    Doug Bell waives                                                         9:48:15 AM   Speaker Holly Bullard
9:12:51 AM    Chair Trumbull                                                           9:50:44 AM   Speaker Gretchen Robinson
9:12:55 AM    Closure waived                                                           9:52:51 AM   Michael Grenon waives
9:12:58 AM    Roll call                                                                9:53:51 AM   Eric Gosnell waives
9:13:04 AM    SB 1346 reported favorably                                               9:53:55 AM   Glenda Abicht waives
9:13:17 AM    Tab 6, SB 1688, Career-themed Courses introduced                         9:53:57 AM   Vincent Morelli waives
9:13:27 AM    Explanation by Senator Osgood                                            9:54:11 AM   Speaker Yenisbel Vilorio
9:15:11 AM    Chair Trumbull                                                           9:57:02 AM   Speaker Karen Woodall
9:15:39 AM    Frank Peterman waives                                                    9:58:13 AM   Andrew Nixon waives
9:16:00 AM    Career Themed Course waives                                              9:58:16 AM   Martha Stevens waives
9:16:04 AM    Logan Braydon waives                                                     9:58:19 AM   Doris Walent waives
9:16:08 AM    Natalie King waives                                                      9:58:25 AM   Bryan Porter waives
9:16:16 AM    Chair Trumbull                                                           9:58:28 AM   Dylan Owens waives
9:16:21 AM    Closure waived                                                           9:58:31 AM   Guillermo Lopez waives
9:16:23 AM    Roll call                                                                9:58:33 AM   Mercedes P. De la Cruz waives
9:58:38 AM    Javier Aguilar waives
9:58:42 AM    Antonio Duhart waives
9:58:48 AM    Stephan Ramdohr waives
9:58:52 AM    Jonathan Fielder waives
9:58:56 AM    Ashleigh Pondor waives
9:58:58 AM    Kevin Shupe waives
9:59:04 AM    Richard Chinchilla waives
9:59:07 AM    Claudia Gonzalez waives
9:59:11 AM    Teresa Choc waives
9:59:16 AM    Anna Maravilla waives
9:59:25 AM    Sandra Diaz waives
9:59:29 AM    Anna Buigos waives
9:59:34 AM    Carmen Ambrocio waives
9:59:41 AM    Barry Tillis waives
9:59:44 AM    Serena James waives
9:59:47 AM    Shannon Carsons waives
9:59:49 AM    Frank Peterman waives
9:59:52 AM    Jennifer Kenny waives
9:59:56 AM    Todd Provost waives
10:00:02 AM   Della Denny-Abbott waives
10:00:07 AM   Steve Wisniewski waives
10:00:16 AM   Monina Johnson waives
10:00:18 AM   Malcolm Smith waives
10:00:23 AM   Samatha Padgett waives
10:00:33 AM   David Shalhaun waives
10:00:36 AM   Mindy Boldon waives
10:00:41 AM   Wayne Perez waives
10:00:44 AM   Lavon Lindsey waives
10:00:47 AM   Kammeron Brown waives
10:00:49 AM   Justin Peacock waives
10:00:52 AM   David Mettlus waives
10:01:02 AM   Speaker David Mettlus
10:02:50 AM   Kevin Daly waives
10:02:55 AM   Charles Fox waives
10:03:02 AM   Elvin Marte waives
10:03:12 AM   Chair Trumbull
10:03:15 AM   Debate
10:03:19 AM   Senator Stewart
10:04:26 AM   Senator Wright
10:05:26 AM   Senator Rodriguez
10:06:10 AM   Chair Trumbull
10:07:34 AM   Senator Burgess in closure
10:10:04 AM   Roll call
10:11:05 AM   SB 1596 reported favorably
10:11:19 AM   Chair Trumbull
10:11:31 AM   Senator Rodriguez shown voting in the affirmative on SB 832,CS/CS.SB 902, SB 1346, SB 1786
10:11:49 AM   Chair Trumbull
10:11:52 AM   Senator Rodriguez moves to adjourn
10:12:02 AM   Meeting adjourned


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