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.
The Florida Senate
Irb JU Meetinq Date
APPEARANCE RECORD Qsa
Bill Number orTopic
r bnlu-ct k
-\(tr.'&n
Deliver both copies of this form to
\f Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name lofo - L.p. \\lntil'd.\O Phone sr\ qq6
Address Email
Street
9or.n 'cl(q
\d\chst6aa *{- S}soO
City State zip
Speaking
S tor. I Against I lnformation OR waive speaking: I tn support I Against
PLEASE CHECK ONE OFTHE FOLLOWING:
lam appearing without
compensation or sponsorship. tr lam a registered lobbyist,
representing:
I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
SrqS:r,+y kctrrts S.-
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.
Page 1 of 12 Page 2 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 CS for SB 902 Florida Senate - 2024 CS for SB 902
597-02163-24 2024902c1 597-02163-24 2024902c1
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
Page 3 of 12 Page 4 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 CS for SB 902 Florida Senate - 2024 CS for SB 902
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.
Page 5 of 12 Page 6 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 CS for SB 902 Florida Senate - 2024 CS for SB 902
597-02163-24 2024902c1 597-02163-24 2024902c1
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
Page 7 of 12 Page 8 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 CS for SB 902 Florida Senate - 2024 CS for SB 902
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,
Page 9 of 12 Page 10 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 CS for SB 902 Florida Senate - 2024 CS for SB 902
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
Page 11 of 12 Page 12 of 12
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
Page 1 of 13 Page 2 of 13
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1072 Florida Senate - 2024 SB 1072
39-00747A-24 20241072__ 39-00747A-24 20241072__
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
Page 3 of 13 Page 4 of 13
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1072 Florida Senate - 2024 SB 1072
39-00747A-24 20241072__ 39-00747A-24 20241072__
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
Page 5 of 13 Page 6 of 13
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1072 Florida Senate - 2024 SB 1072
39-00747A-24 20241072__ 39-00747A-24 20241072__
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
Page 7 of 13 Page 8 of 13
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1072 Florida Senate - 2024 SB 1072
39-00747A-24 20241072__ 39-00747A-24 20241072__
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
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
APPEARANCE RECORD sg )o-7 I
Bill Number orTofic
Deliver both copies of this form to
,
-{rtA k Senate professional staff conducting the meeting
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
b APPEARANCE RECORD tt i]-11-
Meeting Date Bill Number orTopic
Deliver both copies of this form to
C.,: r,,n* Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name Phone 1,.,x 1q q -f
Address \ i,cr [o L tv Email r{ -4t ,
Street
F- 3 3 ru'l
City St0te Zip
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
7l APPEARANCE RECORD 0
Bill Number orTopic
Deliver both copies of this form to
fw6t, TtrFts^\ Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name 0,rru Phone ltrl- 6 lb- oE@
Address
Street
r Email s(. QTYg ,lpLoiro; tw\4,
City State
et- Zip
Speaking: ! for Against I lnformation OR waive Speaking: ! tn Support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without tam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship.
f] representrng: 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
z, APPEARANCE RECORD lozz Daori^J
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 flso- 22, - z?'a
Address Z3a 5 Nlo* 51
Street
Email
Yt 3?,so
oty State Zip
Speaking: ! ror f Against I lnformation OR Waive Speaking: I ln Support frsainx
PLEASE ONE OFTHE 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
F lo., oto.., R
"tfo.rra.{
{ LoJg "5 t
(travel, meals, lodging, etc.),
sponsored by:
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
APPEARANCE RECORD
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
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
Page 1 of 62 Page 2 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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.;
Page 3 of 62 Page 4 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 5 of 62 Page 6 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 7 of 62 Page 8 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 9 of 62 Page 10 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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.
Page 11 of 62 Page 12 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 13 of 62 Page 14 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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.—
Page 15 of 62 Page 16 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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.—
Page 17 of 62 Page 18 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 19 of 62 Page 20 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 21 of 62 Page 22 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 23 of 62 Page 24 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 25 of 62 Page 26 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 27 of 62 Page 28 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 29 of 62 Page 30 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 31 of 62 Page 32 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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.
Page 33 of 62 Page 34 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 35 of 62 Page 36 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 37 of 62 Page 38 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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:
Page 39 of 62 Page 40 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 41 of 62 Page 42 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 43 of 62 Page 44 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 45 of 62 Page 46 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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:
Page 47 of 62 Page 48 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 49 of 62 Page 50 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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:
Page 51 of 62 Page 52 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 53 of 62 Page 54 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
26-00011D-24 20241346__ 26-00011D-24 20241346__
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
Page 55 of 62 Page 56 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 57 of 62 Page 58 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 59 of 62 Page 60 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2024 SB 1346 Florida Senate - 2024 SB 1346
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
Page 61 of 62 Page 62 of 62
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
tlLol^q
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..-
Street
City
Tttl State
3:"Jrr
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.
BILL: SB 1596 Page 3
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.
BILL: SB 1596 Page 4
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.
BILL: SB 1596 Page 5
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.
BILL: SB 1596 Page 6
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.
BILL: SB 1596 Page 7
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).
BILL: SB 1596 Page 8
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.
BILL: SB 1596 Page 9
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.
BILL: SB 1596 Page 10
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.
BILL: SB 1596 Page 11
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.
BILL: SB 1596 Page 12
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.
t
The Florida Senate
-"'i
Am /) ',2 tl
Meeting Date
APPEARANCE RECORD
Bill Number orTopic
Deliver both copies of this form to
The Florida Senate fce utls a{/ Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Committee Agenda Request
Name Phone 1-f
Address Email 5
Street
St1te Zip
To: Senator Jay Trumbull, Chair
Committee on Commerce and Tourism
Speaking: I fo, I Against I lnformation OR Waive Speaking: I tn Support M.Against
Subject: Committee Agenda Request PLEASE CHECK ONE OF THE FOLLOWING:
Date: January 10,2024
& lam appearing without
compensation or sponsorship.
! t am a registered
representrng:
lobbyist, I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.).
sponsored by:
I respectfully request that Senate Bill #1596, relating to Employment of Minors, be placed on
the:
This form is part of the public record for this meeting. 5-0Ol (08/10/2021')
n committee agenda at your earliest possible convenience
next committee agenda.
Senator Danny Burgess
Florida Senate, District 23
File signed originalwith committee office s-020 (03/2004)
The Florida Senate
APPEARANCE RECORD spl {1b
ng Date Bill Number orTopic
Deliver both copies of this form to
+ Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
(*-n{ b<"v Phone
U1 (LL 336\
Address l{)
Street
UO ea-rt'-+ {)"' + LA6 Email W .L e c- r\-
F-.f AYn, & 3sra,
City State Zip
Speaking: t] Foffioainst I tnformation OR waive speaking: I ln support S.*gainst
PLEASE CHECK ONE OFTHE FOLLOWING:
& I am appearing without
compensation or sponsorship.
I tam a registered lobbyist,
representrn9:
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-oo1 (o8/10/2021)
The Florida Senate
3 APPEARANCE RECORD 5r: rqgc
Meeting Date Bill Number orTopic
Deliver both copies of this form to
rr (C< + n Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name i.,.rl c\ \r'ttt \\v \ Phone
Address o t5 Email
Strcet
Sr_
State Zip
Speaking: ! ror /ogu,nr, ! tnformation OR waive speakins: ! tn support M66inr,
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:
This form is part of the public record for this meeting. s-001 (08/10/2021)
I
The Florida Senate
-t t^-.r
I
{,- . r\ e tt I
- l-v 3 ("
i
'jW' APPEARANCE RECORD
Meeting Date Bill Number orTopic
Deliver both copies of this form to
C br^ \r trc-- s tol r ;{vt Senate professional staff conducting the meeting
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
Sfreet
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
Street
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
ar
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
Street
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
il
i rr,rQ f--
",f 11 e Phone 1
,l
Address
Street
T IJU rf Email n L )A
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
"
7c:/
Address Email
Stteet
,.t c ,.. ,i
-3+tL-z > iZ 6L'I
,,/\
:-,1 1t
/ L-
I )t t".L-UU LL,
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:
lam appearing without ')\l./ lam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. ' represqnting: something of value for my appearance
horid w
(travel, meals, lodging, etc.),
sponsored by:
?i>1t"1
This form is part of the public record for this meeting. 5-001 (o8/10/2021)
l-.tF
The Florida Senate
ct5
L APPEARANCE RECORD
Bill Number orTopic
Meeting Date
Deliver both copies of this form to
[omnarca *-Ifurr,sft Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name At, rtt Nfirr l"rnZ Phone
Address Email
Street
City State zip
Speaking: ! for Against I Information OR Waive Speaking: I tn Support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without lam a registered lobbyist, Ir/l t am not a lobbyist, but received
LJ something
compensation or sponsorship. representing: 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
l- 30- Zc/ APPEARANCE RECORD $6
^L /'S
76
Meeting Date Bill Number orTopic
Deliver both copies of this form to
6o Committee
Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name Phone
Address
Street
q /0 Cl, e c *ryn D- Email
f+ 33 756
City Stote zip
Speaking: I ror ffiAgainst ! lnformation OR Waive Speaking: ! ln Support { eguin,
PLEASE CHECK ONE OF THE FOLLOWING:
w lam appearing without
compensation or sponsorship.
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 (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 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.
The Florida Senate
llzu12'a APPEARANCE RECORD
Meeting Date Bill Number orTopic
Deliver both copies of this form to
t. 5enate professional staff conducting the meeting
The Florida Senate \-0 Srur
Committee Amendment Barcode (if applicable)
Committee Agenda Request
Name F.-*,L fiW.,-^^ID Phone hu) L<t -z oro
Address Z 13 t'-
Street
iln M^t {hr"l Email io,
Tll.L^snu L
City Stale Zip
To: Senator Jay Trumbull, Chair
Committee on Commerce and Tourism Speaking: I ror ! Against I lnformation OR Waive Speaking: /tn support I Against
Subject: Committee Agenda Request PLEASE CHECK ONE OFTHE FOLLOWING:
lam appearing without lam a registered lobbyist, I am not a lobbyist but received
com pensation or sponsorship. representing: something of value for my appearance
Date: January 23,2024 (travel, meals. lodging, etc.),
sponsored by:
I respectfully request that 1688, relating to Career-themed Courses, be placed on the:
tr committee agenda at your earliest possible convenience.
This form is part of the public record for this meeting. s-001 (08/1o/2o21)
X next cornmittee agenda.
''$r*hQO*P)
Senator Rosalind Osgood
Florida Senate, District 32
File signed originalwith committee office s-020 (03/2004)
The Florida Senate
l -fi ),q Meeting Date
APPEARANCE RECORD r8
Bill Number orTopic
ffiun Deliver both copies of this form to
Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name Phone
Address
Street
e3 b Email
aty State Zip
Speaking: ! ror ! Against ! lnformation OR Waive Speaking: n Support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
-/ I am not a lobbyist, but received
lyN{am a registered lobbyist,
compensation or sponsorship. representrng: something ofvalue for my appearance
(travel, meals, lodging, etc.),
F/o-,'b 8, + sponsored by:
O,^J, trl
While it is a tradition to encourage public testimony, time may not permit all persons wishing to to be heard at this heoring.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 (08/10/2021)
y3o/o4 APPEARANCE RECORD
The Florida Senate
l6ss
Meeting Date Bill Number orTopic
Deliver both copies of this form to
L oWlh2.tC 4 Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
L (Lt\ )"n Phone
tos-l
Address llO[ {o^ nLl" lU s Aot 4o8
Street
Email o
^n
G al.; 'fotu,re
1".k*,^u;lh F t
City State
3aa24
Zip
Speaking: ! ror I Rgainst I Information OR WaiveSpeaking: f,tnsupport ! Rgainst
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without lam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship.
[/ representrng: something of value for my appearance
(travel, meals, lodging, etc.),
c,'s l^t^ry
Fr"
^Jr|;qn fo- [o.;d sponsored by:
This form is part of the public record for this meeting. 5-OO1 (08/10/2021)
The Florida Senate
/ -3o- APPEARANCE RECORD /a:P
n Meeting Date Bill Number orTopic
attr'l/Jzlc-.< a
Committee
T u n s v*,..,,. 3,l,lii 3::i;:F :: :i ::iiJ!'il.'o'".,.n
Amendment Barcode (if applicable)
Name Phone 9ts 2r/ FetD_
Address 93s @b Et Z b/o,^u,,
Street
City State Zip
Speaking: ! ror I Against I lnformation OR Waive Speaking: Support f] Against
PLEASE ONE OFTHE FOLLOWING:
lam appearing without a registered lobbyist, lam not a lobbyist but received
compensation or sponsorshi p. representing: something ofvalue for my appearance
't^lL?4*
funllf art /4 r<
tu (travel, meals, lodging, etc.),
sponsored by:
h/-
This form is part of the public record for this meeting. s-oo1 (o8/1o/2o21)
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
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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
APPEARANCE RECORD Bill Number orTopic
Meeting Date Deliver both copies ofthis form to
Senate professional staff conducting the meeting
C Amendment Barcode (if applicable)
Name Jo ll,, Phone
Address Email
Street
City State Zip
Speaking: ! ror ! Against I lnformation OR Waive Speaking: p tn sropott ! Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
com pensation or sPonsorshiP.
tr I am a registered
representing:
lobbyist, I am not a lobbyist, but received
something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
O nno €n k,oJ*t),
White it is a trcdition to encourage public testimony, time may not permit all persons wishinq to speak
to be heard at this hearing.Those who do speak may be asked to limit their remarks so
(flsenate gov)
possible heard. lf you hove questions about registering to lobby please see Flo. Stat. 51 1.045 and Joint Rule L 2020'2022JointRules odf
that as many persons as can be
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
File and source
- File
- 2024-01-30_post-meeting-packet_7883.pdf
- Size
- 42,840,638 bytes
- SHA-256
- dc5db8b5e17a3692e46e1d4c856408078720391cc20752d04401d9026db30343
- Original
- www.flsenate.gov