Florida Senate Commerce and Tourism Committee post-meeting packet, March 20, 2023
Summary
The post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of 03/20/2023 at 3:30 PM, 2023 Regular Session, chaired by Senator Trumbull. The agenda order lists SB 978 by Bradley on secured transactions, SB 1390 and SB 1392 by Martin on a universal regulatory sandbox and its public records exemption, SB 1482 by Simon on rural development, SB 196 by Jones on guidance services for academic and career planning, and SB 1002 by Stewart on motor vehicle glass. It records amendment actions on SB 196 and SB 1002, and carries the expanded agenda, bills and staff analyses.
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Commerce and Tourism - 03/20/2023 3:30 PM 2023 Regular Session
Customized 03/21/2023 11:42 AM
Agenda Order
Tab 1 SB 978 by Bradley; (Identical to H 00901) Secured Transactions
Tab 2 SB 1390 by Martin; (Similar to H 01287) Universal Regulatory Sandbox
Tab 3 SB 1392 by Martin; (Identical to H 01289) Public Records and Meetings/Universal Regulatory Sandbox
Tab 4 SB 1482 by Simon; (Compare to H 00413) Rural Development
SB 196 by Jones (CO-INTRODUCERS) Hutson, Perry; (Identical to H 00141) Guidance Services on
Tab 5
Academic and Career Planning
865526 A S L RCS CM, Jones Delete L.47: 03/20 05:43 PM
Tab 6 SB 1002 by Stewart (CO-INTRODUCERS) Hooper; (Similar to CS/H 00541) Motor Vehicle Glass
764142 A S WD CM, DiCeglie btw L.113 - 114: 03/20 05:43 PM
Page 1 of 1
2023 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Trumbull, Chair
Senator Wright, Vice Chair
MEETING DATE: Monday, March 20, 2023
TIME: 3:30—6:00 p.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Trumbull, Chair; Senator Wright, Vice Chair; Senators DiCeglie, Gruters, Hooper, Hutson,
Jones, Rodriguez, Stewart, and Torres
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 SB 978 Secured Transactions; Providing that a description of Favorable
Bradley certain accounts and entitlements by a certain type of Yeas 9 Nays 0
(Identical H 901) collateral is insufficient for the purpose of security
agreements; providing legislative intent, etc.
CM 03/20/2023 Favorable
CA
RC
2 SB 1390 Universal Regulatory Sandbox; Creating the Office of Favorable
Martin Regulatory Relief within the Department of Economic Yeas 9 Nays 0
(Similar H 1287, Compare H 1289, Opportunity; creating the General Regulatory
Linked S 1392) Sandbox Program; providing requirements for
applications; requiring the office to consult with
specified entities before admitting an applicant into
the regulatory sandbox; specifying limits to such
exemption; authorizing the office to terminate
participation in the regulatory sandbox, etc.
CM 03/20/2023 Favorable
ATD
FP
3 SB 1392 Public Records and Meetings/Universal Regulatory Favorable
Martin Sandbox; Providing an exemption from public records Yeas 9 Nays 0
(Identical H 1289, Compare H requirements for information in universal regulatory
1287, Linked S 1390) sandbox applications determined by the Office of
Regulatory Relief to be economically harmful to the
applicant if released; providing for future legislative
review and repeal of the exemptions; providing a
statement of public necessity, etc.
CM 03/20/2023 Favorable
ATD
FP
S-036 (10/2008)
03202023.1640 Page 1 of 2
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Monday, March 20, 2023, 3:30—6:00 p.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
4 SB 1482 Rural Development; Prohibiting certain agency Favorable
Simon agreements from requiring the expenditure of funds Yeas 9 Nays 0
(Compare H 413, H 1209, S 1628, before reimbursement; specifying that funding
S 1664) provided under the Regional Rural Development
Grants Program are not matching grants; revising the
conditions under which an applicant to the Rural
Community Development Revolving Loan Fund may
retain repayments of principal and interest; revising
the purpose of the Rural Infrastructure Fund; revising
the percentages of total infrastructure project cost that
the Department of Economic Opportunity may award
through the fund, etc.
CM 03/20/2023 Favorable
ATD
FP
5 SB 196 Guidance Services on Academic and Career Fav/CS
Jones Planning; Requiring district school boards to inform Yeas 9 Nays 0
(Identical H 141, Compare CS/S students and parents of certain acceleration,
240) academic, and career planning options; requiring
certain information to be included in such notification;
requiring a personalized academic and career plan to
be developed in consultation with a certified school
counselor for certain students; requiring certain
information to be included in such plan, etc.
ED 03/06/2023 Favorable
CM 03/20/2023 Fav/CS
RC
6 SB 1002 Motor Vehicle Glass; Prohibiting motor vehicle repair Favorable
Stewart shops or their employees from offering anything of Yeas 9 Nays 0
(Similar CS/H 541) value to a customer in exchange for making an
insurance claim for motor vehicle glass replacement
or repair, including offers made through certain
persons; prohibiting persons from entering into
assignment agreements of post-loss benefits for
motor vehicle glass replacement or repair after a
specified date; defining the term “assignment
agreement”, etc.
BI 03/15/2023 Favorable
CM 03/20/2023 Favorable
RC
Other Related Meeting Documents
S-036 (10/2008)
03202023.1640 Page 2 of 2
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 978
INTRODUCER: Senator Bradley
SUBJECT: Secured Transactions
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Favorable
2. CA
3. RC
I. Summary:
SB 978 provides that language referring only to the type of collateral is insufficient to waive
constitutional and statutory protections that prevent creditors from obtaining a judgment against
certain assets, allowing the individual to pledge such assets as collateral.
These changes are in response to a recent federal court case which held that mere contractual
reference to “all assets” included certain property previously understood to be excluded from
such an agreement. Assets unexpectedly put at risk include retirement accounts, pension
payments, and education savings accounts. The bill does not affect state or local revenue.
The bill specifies that it is clarifying existing law and takes effect upon becoming a law.
II. Present Situation:
Asset Protection from Legal Process
A creditor can collect money owed by filing an action for a judgment in state court. A judgment
is an order of the court creating an obligation, typically a debt when creditors are involved. The
creditor may then use that judgment to collect assets from the debtor. Chapter 222, F.S., contains
exemptions that protect certain assets from legal process under Florida law, absent a waiver.
Florida exempts the following assets against creditor claims in most situations:
Homestead property (ss. 222.01-222.05, F.S.).
Certain items of personal property (s. 222.061, F.S.).
The proceeds of a life insurance policy (s. 222.13, F.S.).
The cash surrender value of a life insurance policy and the proceeds of an annuity contract (s.
222.14, F.S.).
Disability benefits payable from any insurance (s. 222.18, F.S.).
BILL: SB 978 Page 2
Disability benefits payable from any insurance (s. 222.18, F.S.).
Certain pension, retirement, or profit sharing benefits (s. 222.21, F.S.).
Prepaid College Trust Fund moneys and Medical Savings Account funds (s. 222.22, F.S.).
A debtor’s interest in a motor vehicle, up to $1,000 in value (s. 222.25, F.S.).
A debtor’s interest in any professionally prescribed health aids (s. 222.25, F.S.).
Social security benefits, unemployment compensation, or public assistance benefits;
veterans’ benefits; disability, illness, or unemployment benefits; alimony, support, or
separate maintenance; and stock or pension plans under specified circumstances (s. 222.201,
F.S.).
These exemptions have historically been construed liberally in favor of the consumer against
creditors’ claims to exempt property.1 When a consumer enters a security agreement – a contract
in which a debtor offers assets as collateral (“security”) to guarantee repayment – the contract
describes what assets are offered as security. Historically, a contract’s blanket offering of “all
assets” as security has not been interpreted to include assets subject to these exemptions.2
An individual must take additional steps in order to offer certain exempt assets as collateral. For
example, in the case of a Floridian’s homestead exemption, which protects homestead property
from bankruptcy proceedings, a contractual waiver of those rights must be “knowing, voluntary,
and intelligent” to have any effect.3 As another example, certain wages are exempt from legal
process.4 The wages exemption may only be waived in writing, in a separate document attached
to the security agreement, which must contain mandatory waiver language in at least 14-point
font.5
Sufficiency of Description for Collateral in Security Agreements
An effective description of collateral in a security agreement identifies the asset by specific
listing; category; type of collateral; quantity, computational or allocational formula; or any
method under which the identity of the collateral is objectively determinable.6
Current law specifically provides that a description of collateral as “all the debtor’s assets” or
“all the debtor’s personal property” does not reasonably identify collateral.7
Finally, current law provides that a description defined by “type” of collateral alone for a
commercial tort claim or, in a consumer transaction, for a security entitlement, securities
account, or commodity account, is not sufficient.8 For example, “all existing and after-acquired
1
See e.g. Patten Package Co. v. Houser, 102 Fla. 603, 607, 136 So. 353, 355 (1931); Killian v. Lawson, 387 So.2d 960, 962
(Fla. 1980); Havoco of Am. Ltd. v. Hill, 790 So.2d 1018, 1021 (Fla. 2001); Connor v. Seaside National Bank, 135 So.3d 508,
509 (Fla. 5th DCA 2014).
2
Section 679.1081(3), F.S., Official Comment 2 to U.C.C. s. 9-110 (s. 679.1081(3), F.S.).
3
See e.g. Chames v. DeMayo, 972 So.2d 850, 861 (Fla. 2007) (citing State v. Upton, 658 So.2d 86, 87 (Fla. 1995)).
4
Section 222.11, F.S.
5
Section 222.11(2), F.S.
6
Section 679.1081(2), F.S. Chapter 679, F.S., adopts Article 9 of the Universal Commercial Code (U.C.C.), dealing with
secured transactions. Every state in the United States has adopted the U.C.C. See https://www.uniformlaws.org/acts/ucc (last
visited March 17, 2023).
7
Section 679.1081(3), F.S.
8
Section 679.1081(5), F.S.
BILL: SB 978 Page 3
investment property” or “all existing and after-acquired security entitlements,” without more,
would be insufficient in a consumer transaction to describe a security entitlement, securities
account, or commodity account.9
Kearney Construction Co, LLC v. Travelers Casualty & Surety Company of America
A recent federal court case held that general, broad pledges of “all assets” waives ch. 222, F.S.,
protections.10 In Kearney Construction Company, LLC v. Travelers Casualty and Surety
Company of America11 the debtor obtained a line of credit and pledged collateral in the contract
as follows:
Grant of Security Interest. As security for any and all Indebtedness (as
defined below), the Pledgor hereby irrevocably and unconditionally grants
a security interest in the collateral described in the following properties[:]
all assets and rights of the Pledgor, wherever located, whether now owned
or hereafter acquired or arising, and all proceeds and products thereof, all
goods (including inventory, equipment and any accessories thereto),
instruments (including promissory notes)[,] documents, accounts, chattel
paper, deposit accounts, letters of credit, rights, securities and all other
investment property, supporting obligation[s], any contract or contract
rights or rights to the payment of money, insurance claims, and proceeds,
and general intangibles (the “Collateral”).12
The Eleventh Circuit considered whether this language included assets held in the debtor’s
Individual Retirement Account (IRA). The debtor argued that the IRA should not have been
included in all assets and was never intended to have been offered as collateral.13 The court
found that the security agreement’s language constituted an “unambiguous pledge” of all assets,
which includes those exempt under ch. 222, F.S.14 Kearney’s IRA was not specifically listed in
the agreement, but the court concluded that the broad language of the contract “encompassed
potential retirement accounts or funds, such as the [IRA] at issue here.”15
The courts did not address whether ch. 222, F.S., exemptions or ch. 679, F.S., description
requirements should have any weight in interpreting the contract. The courts also did not explain
what part of the security agreement encompassed the IRA. It is unclear if it was part of a specific
collateral category such as a deposit account, investment property, general intangible, or another
category,16 each of which could have different treatment.17
9
Section 679.1081(5), F.S.; Official Comment 5 to U.C.C. s. 9-108 (s. 679.1081(5), F.S.).
10
Concerns were raised by the Florida Bar’s Real Property, Probate, and Trust Law Section, which formed a “Kearney
Subcommittee” within its Asset Protection Committee. See the Kearney Subcommittee’s White Paper (Oct. 14, 2021) (on file
with the Senate Committee on Appropriations).
11
795 Fed.Appx. 671 (Fla. 11th Cir. Nov. 13, 2019).
12
Id. at 673
13
Id.
14
Id.
15
Magistrate Judge’s Report and Recommendation, Case 8:09-cv-01850-JSM-TBM, Docket 865, at 28.
16
Id.
17
Sections 679.1021, 679.1031, 679.1041, 679.1051, 679.1061, 679.1071, 679.1081 and 679.1091, F.S.
BILL: SB 978 Page 4
Federal law treats the use of any funds inside a tax-advantaged retirement account as a taxable
distribution from that account.18 Therefore, any such funds used unexpectedly for a pledge of “all
assets” towards a debt risk losing their tax-advantaged status, subject to back taxes and penalties.
III. Effect of Proposed Changes:
SB 978 provides that a general description only by type of collateral is an insufficient description
to pledge as collateral, for the purposes of a security agreement, accounts and other entitlements
set forth in ss. 222.13-222.16, 222.18, and 222.201-222.22, F.S. These include:
Funds held in an IRA and other tax-exempt accounts.
A life insurance policy’s proceeds or cash surrender value.
An annuity contract’s proceeds.
Funds held in qualified tuition programs, medical savings accounts, Coverdell education
accounts, and hurricane savings accounts.
Disability income benefits.
A deceased person’s wages, travel expenses, and reemployment assistance or unemployment
compensation payments.
Social security benefits; unemployment compensation; public assistance benefits; veterans’
benefits; alimony, support, or separate maintenance; and stock or pension plans under
specified circumstances.
In order to include such an asset in a security agreement, the asset must be described by specific
reference to the individual asset as provided in s. 679.1081, F.S.
The bill is intended to clarify existing law.
The bill takes effect upon becoming a law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18, of the State 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, limit their ability to raise revenue, or reduce the percentage of a state tax
shared with them. The bill does not require counties and municipalities to spend funds,
limit their ability to raise revenue, or reduce the percentage of a shared state tax.
Therefore, the provisions of Art. VII, s. 18 of the State Constitution do not apply.
B. Public Records/Open Meetings Issues:
None.
18
I.R.C. s. 408(e)(4).
BILL: SB 978 Page 5
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:
The bill does not affect state or local revenue.
B. Private Sector Impact:
The bill protects consumers from unknowingly pledging otherwise exempt assets.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 679.1081 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 - 2023 SB 978
By Senator Bradley
6-00465A-23 2023978__
1 A bill to be entitled
2 An act relating to secured transactions; amending s.
3 679.1081, F.S.; providing that a description of
4 certain accounts and entitlements by a certain type of
5 collateral is insufficient for the purpose of security
6 agreements; providing legislative intent; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (5) of section 679.1081, Florida
12 Statutes, is amended to read:
13 679.1081 Sufficiency of description.—
14 (5) A description only by type of collateral defined in
15 this chapter is an insufficient description of:
16 (a) A commercial tort claim;
17 (b) In a consumer transaction, consumer goods, a security
18 entitlement, a securities account, or a commodity account; or
19 (c) An account consisting of a right to payment of a
20 monetary obligation for the sale of real property that is the
21 debtor’s homestead under the laws of this state; or
22 (d) Accounts and other entitlements set forth in ss.
23 222.13-222.16, s. 222.18, and ss. 222.201-222.22.
24 Section 2. The amendment made by this act to s. 679.1081,
25 Florida Statutes, is intended to clarify existing law.
26 Section 3. This act shall take effect upon becoming a law.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
1/to//)I
Meetingbate
The Florida Senate
APPEARANCE RECORD
Deliver both copies of this form to
nr
Bill Number orTopic
L C(
Committee
Senate professional staff conducting the meeting
Amendment Barcode (if applicable)
Name
e Phone Ks-o '), o<- ?oOo
Address Email o [td{.r^
Strcet
City
Ltl State Zip
Speaking: I for I Against I lnformation OR Waive Speaking: (,n rrooon ! Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without lam a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. F representing: something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
vur, (5 L^,u Se,-tlaq Fu 3^l
This form is part of the public record for this meeting, s-001 (08/10/2021)
The Florida Senate
3t20t23 APPEARANCE RECORD SB 978
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Commerce and Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Martha Edenfield Phone
850-999 -4100
Name
Address 106 E. College Ave #1200 Emait medenfield@deanmead.com
Street
Tallahassee FL 32301
City .Stdte Zip
t:
Speakins: ll-l ror -l[-l nsainst ffi tnformation OR waive speaking' ffi ln support ffi ngainst
PLEASE CHECK ONE OFTHE FOLLOWING:
. I am appearing without
compensation or sponsorship.
V, lam registered lobbyist,
a
representing:
m I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
The Real Property, Probate and Trust sponsored by:
Law Section of the Florida Bar
This form is part of the public record for this meeting. s-001 (o8/10/20211
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 1390
INTRODUCER: Senator Martin
SUBJECT: Universal Regulatory Sandbox
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 1390 creates ss. 288.9971-288.9983, F.S., to establish a universal regulatory sandbox, which
allows businesses, to demonstrate innovative products, services, and business models while
temporarily receiving a waiver or suspension of state laws or regulations.
The bill creates the Office of Regulatory Relief within the Department of Economic Opportunity
to administer the universal regulatory sandbox and to act as a liaison between private businesses
and applicable agencies to identify laws or regulations that could be waived or suspended for one
year under the regulatory sandbox. The bill also creates the General Regulatory Sandbox
Program Advisory Committee to advise and make recommendations to the office. Additionally,
the bill provides the following:
The scope of the regulatory sandbox;
An annual report requirement to the President of the Senate and the Speaker of the House of
Representatives;
Consumer protection requirements;
Requirements for exiting the regulatory sandbox; and
Record keeping and reporting requirements.
The bill takes effect July 1, 2023, only if SB 1392 or similar legislation takes effect and if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
SB 1392 creates a new public records exemption and an open meeting exemption for information
in a regulatory sandbox application that the office reasonably believes could result in economic
harm to the applicant.
BILL: SB 1390 Page 2
II. Present Situation:
Florida’s Financial Technology Sandbox
In 2021, the Financial Technology Sandbox (sandbox) was created within the Office of Financial
Regulation (OFR) to allow financial technology innovators to test new products and services in a
supervised, flexible regulatory sandbox using exceptions to specified general law and waivers of
the corresponding rule requirements under defined conditions.1
The sandbox allows a licensee2 to make an innovative3 financial product4 or service available to
consumers during a period that is initially 24 months but which can be extended one time for an
additional 12 months.5
A sandbox licensee must be a domestic corporation or other organized domestic entity with a
physical presence, other than that of a registered office or agent or virtual mailbox, in Florida.6
Upon approval of a sandbox application certain rules and requirements are not applicable to the
sandbox licensee during the sandbox period.7
The OFR may approve a sandbox application if one or more of the general laws enumerated in s.
559.952 (4)(a), F.S., prevent the innovative financial product or service from being made
available to consumers and if all other requirements of the sandbox are met.8
A sandbox licensee may conduct business through electronic means, including through the
Internet or a software application.9
Section 559.952 (5), F.S., provides rules for filing a sandbox application, as well as, standards
that the OFR must follow while considering an application. The OFR is prohibited from
approving an application in the following circumstances:
The applicant had a prior sandbox application that was approved and that related to a
substantially similar financial product or service;
Any control person of the applicant was substantially involved in the development, operation,
or management with another sandbox applicant whose application was approved and whose
application related to a substantially similar financial product or service; or
1
See s. 559.952, F.S. See also Office of Financial Regulation, Financial Technology Sandbox Innovator, available at
https://flofr.gov/sitePages/FinancialTechnologySandbox.htm (last visited Mar. 17, 2023).
2
"Licensee" means n a business entity that has been approved by OFR to participate in the Financial Technology Sandbox.
See s. 559.952 (3)(i), F.S.
3
“Innovative” means new or emerging technology, or new uses of existing technology, which provide a product, service,
business model, or delivery mechanism to the public and which are not known to have a comparable offering in Florida
outside of the Financial Technology Sandbox. See Section 559.952 (3)(h), F.S.
4
A “financial product or service” is a product or service related to a consumer finance loan, money transmitter, or payment
instrument seller, including mediums of exchange that are in electronic or digital form. See s. 559.952 (3)(f), F.S.
5
See s. 559.952, F.S.
6
Section 559.952 (3)(a), F.S.
7
See s. 559.952 (4)(a), F.S.
8
Section 559.952 (4)(b), F.S.
9
Section 559.952 (4)(c), F.S.
BILL: SB 1390 Page 3
The applicant or any control person has failed to affirmatively demonstrate financial
responsibility.10
For businesses whose sandbox application is approved, the OFR must specify the maximum
number of consumers authorized to receive an innovative financial product or service, after
consultation with the sandbox applicant. The OFR may not authorize more than 15,000
consumers to receive the financial product or service until the sandbox licensee has filed the first
report required under the sandbox. After the filing of the report, if the licensee demonstrates
adequate financial capitalization, risk management processes, and management oversight, the
OFR may authorize up to 25,000 consumers to receive the financial product or service.11
Additionally, s. 559.952 (6), F.S., requires the licensee to provide certain disclosures to a
consumer before the consumer purchases, uses, receives, or enters into an agreement to purchase,
use, or receive an innovative financial product or service through the sandbox.
A sandbox licensee must submit a report to the OFR twice a year, and the report must, at a
minimum, include financial reports and the number of consumers who have received the
financial product or service.12
A sandbox licensee remains subject to civil damages for acts and omissions arising from or
related to any innovative financial product or services provided or made available by the licensee
or relating to the sandbox, and all criminal and consumer protection laws and any other statute
not specifically exempt under the sandbox.13 Further, the OFR may, by order, revoke or suspend
a licensee’s approval to participate in the sandbox.14
Regulatory Sandboxes Generally
The UK Financial Conduct Authority (FCA) is credited with establishing the first formal
regulatory sandbox, and although there is not a uniform definition of a regulatory sandbox, the
FCA has defined it as “a safe space in which businesses can test innovative products, services,
business models and delivery mechanisms without immediately incurring all the normal
regulatory consequences of engaging in the activity in question.”15 In the United States (U.S.),
the Consumer Financial Protection Bureau was the first regulatory agency to set up a dedicated
fintech office to study fintech and provide assistance to promote consumer friendly innovation.16
States in the U.S., such as Arizona, Kentucky, and Vermont have industry-specific regulatory
sandboxes.17 In 2021, Utah was the first state to create a general sandbox program.18
10
Section 559.952(5)(d), F.S.
11
Section 559.952(5)(f), F.S.
12
Sectrion 559.952(8), F.S.
13
Section 559.952(10), F.S.
14
Id.
15
See Stanford Center on Philanthropy and Civil Society, A Few Thoughts on Regulatory Sandboxes, available at
https://pacscenter.stanford.edu/a-few-thoughts-on-regulatory-sandboxes/ (last visited Mar. 17, 2023).
16
Id.
17
See State Policy Network, How Many States Have Regulatory Sandboxes?, available at https://spn.org/articles/what-is-a-
regulatory-sandbox/ (last visited Mar. 17, 2023)
18
Matthew Nicaud, Regulatory “Sandbox” Reforms Advance Across the Nation (June 23, 2021), available at
https://mspolicy.org/regulatory-sandbox-reforms-advance-across-the-nation/ (last visited Mar. 17, 2023).
BILL: SB 1390 Page 4
III. Effect of Proposed Changes:
Universal Regulatory Sandbox
The bill creates ss. 288.9971-288.9983, F.S., to establish a universal regulatory sandbox, which
allows businesses, under the observation of regulators, to demonstrate innovative products,
services, and business models while temporarily receiving a waiver or suspension of inapplicable
laws or regulations.
The bill provides the following definitions:
“Advisory committee” means the General Regulatory Sandbox Program Advisory Committee
created in s. 288.9974, F.S.;
“Applicable agency” means a department or agency of Florida that regulates a business activity
and persons engaged in such business activity, including the issuance of licenses or other types of
authorization, which the office determines would otherwise regulate a sandbox participant;
“Applicant” means a person who applies to participate in the regulatory sandbox;
“Blockchain technology” means the use of a digital database containing records of financial
transactions, which can be simultaneously used and shared within a decentralized, publicly
accessible network and can record transactions between two parties in a verifiable and permanent
way;
“Consumer” means a person who purchases or otherwise enters into a transaction or agreement to
receive an offering pursuant to a demonstration by a sandbox participant;
“Demonstrate” or “demonstration” means to temporarily provide an offering in accordance with
the General Regulatory Sandbox Program created in s. 288.9975, F.S.;
“Director” means the director of the Office of Regulatory Relief;
“Financial product or service” has the same meaning as in s. 559.952(3), F.S.;19
“Innovation” means the use or incorporation of a new or existing idea, a new or emerging
technology, or a new use of existing technology, including blockchain technology, to address a
problem, provide a benefit, or otherwise offer a product, production method, or service;
“Insurance product or service” means an insurance product or insurance service that requires
state licensure, registration, or other authorization under the Florida Insurance Code, including an
insurance product or insurance service that includes a business model, delivery mechanism, or
element that requires a license, registration, or other authorization to engage in an insurance
business, act as an insurance producer or consultant, or engage in insurance adjusting;
19
Section 559.952(3), F.S., defines “financial product or service” as a product or service related to a consumer finance loan,
as defined in s. 516.01, or a money transmitter or payment instrument seller, as those terms are defined in s. 560.103,
including mediums of exchange that are in electronic or digital form. Section 516.01, F.S., defines “consumer finance loan”
as a loan of money, credit, goods, or choses in action, including, except as otherwise specifically indicated, provision of a line
of credit, in an amount or to a value of $25,000 or less for which the lender charges, contracts for, collects, or receives
interest at a rate greater than 18 percent per annum. Section 560.103, F.S., defines “money transmitter” as means a
corporation, limited liability company, limited liability partnership, or foreign entity qualified to do business in this state
which receives currency, monetary value, a payment instrument, or virtual currency for the purpose of acting as an
intermediary to transmit currency, monetary value, a payment instrument, or virtual currency from one person to another
location or person by any means, including transmission by wire, facsimile, electronic transfer, courier, the Internet, or
through bill payment services or other businesses that facilitate such transfer within this country, or to or from this country.
The term includes only an intermediary that has the ability to unilaterally execute or indefinitely prevent a transaction, and
“payment instrument seller” as a corporation, limited liability company, limited liability partnership, or foreign entity
qualified to do business in this state which sells a payment instrument.
BILL: SB 1390 Page 5
“Offering” means a product, production method, or service, including a financial product or
service or an insurance product or service that includes an innovation;20
“Office” means the Office of Regulatory Relief created in s. 288.9973, F.S.;
“Product” means a commercially distributed good that is tangible personal property, the result of
a production process, or passed through the distribution channel before consumption;
“Production” means the method or process of creating or obtaining a good, which may include
assembling, breeding, capturing, collecting, extracting, fabricating, farming, fishing, gathering,
growing, harvesting, hunting, manufacturing, mining, processing, raising, or tapping a good;
“Regulatory sandbox” means the General Regulatory Sandbox Program created in s. 288.9975,
F.S., which allows a person to temporarily demonstrate an offering under a waiver or suspension
of one or more state laws or regulations;
“Sandbox participant” means a person whose application to participate in the regulatory sandbox
is approved in accordance with this bill;
“Secretary” means the Secretary of Economic Opportunity; and
“Service” means any commercial activity, duty, or labor performed for another person.
Office of Regulatory Relief
The bill creates the Office of Regulatory Relief (office) within the Department of Economic
Opportunity (DEO). The office must be administered by a director, and the director must report
to the secretary. Additionally, the director, with the approval of the secretary, is authorized to
appoint a staff.
The bill provides that the office must do the following:
Administer the office as provided in the bill;
Administer the regulatory sandbox; and
Act as a liaison between private businesses and applicable agencies to identify laws or
regulations that could be waived or suspended under the regulatory sandbox.
The bill authorizes the office to do the following:
Review laws and regulations that may unnecessarily inhibit the creation and success of new
companies or industries and provide recommendations to the Governor and the Legislature
on modifying or eliminating such laws and regulations;
Create a framework for analyzing the risk level to the health, safety, and financial well-being
of consumers related to permanently modifying or eliminating or temporarily waiving or
suspending laws and regulations inhibiting the creation or success of new and existing
companies or industries;
Propose potential reciprocity agreements between states that use or are proposing to use
similar regulatory sandboxes as created in this bill or the Financial Technology Sandbox
created in s. 559.952, F.S.; and
In accordance with ch. 120, F.S., and this bill, adopt rules regarding the following:
o Administering the regulatory sandbox;21 and
20
The term does not include any service for which a license or authorization to practice law in this state is required under ch.
454, F.S.
21
Administering the regulatory sandbox includes adopting rules regarding the application process and the reporting
requirements of sandbox participants.
BILL: SB 1390 Page 6
o Cooperating and consulting with other applicable agencies that administer regulatory
sandboxes.
Advisory Committee
The bill creates the General Regulatory Sandbox Program Advisory Committee (committee) to
make recommendations to the office, and provides that it must consist of the following 11
members:
Six members who represent business interests from a variety of industries, appointed by the
director;
Three members who represent applicable agencies regulating businesses, appointed by the
director;
One member of the Senate, appointed by the President of the Senate; and
One member of the House of Representatives, appointed by the Speaker of the House of
Representatives.
The bill provides that the director may adjust the length of terms of appointments and
reappointments to the committee so that approximately half of the committee is appointed every
2 years. However, members of the committee who are not legislators must be appointed to 4 year
terms. Additionally, the director must select a chair of the committee on an annual basis.
The bill provides that a majority of the members of the committee constitutes a quorum for the
purposes of conducting committee business, and the affirmative vote of a majority of the
members constitutes the official action of the committee.
The bill establishes that the office must provide administrative staff support for the committee.
The bill prohibits a member from receiving compensation or benefits for the member’s service.
However, a member who represents business interests may receive per diem and travel expenses
in accordance with s. 112.061, F.S.
Application Requirements
The bill creates the General Regulatory Sandbox Program (program), and provides that the office
must do the following while administering the program:
Consult with each applicable agency; and
Enable a person to obtain legal protection and limited access to the market to demonstrate an
offering without obtaining a license or other authorization that might otherwise be required.
The bill authorizes the office to do the following while administering the program:
Enter into agreements with or adopt the best practices of corresponding federal regulatory
agencies or agencies in other states that are administering similar programs; and
Consult with businesses about existing or potential proposals for the program.
The bill provides that an applicant may contact the office to request a consultation regarding the
program before submitting and application, and the office is authorized to provide assistance to
an applicant.
BILL: SB 1390 Page 7
The bill requires an applicant to submit an application in a form prescribed by the office that
does the following:
Confirms the applicant is subject to the jurisdiction of Florida;
Confirms the applicant has established a physical or virtual location in Florida, from which
the demonstration of an offering must be developed and performed and where all required
records, documents, and data must be maintained;
Contains relevant personal and contact information for the applicant, including the
applicant’s full legal name, address, telephone number, e-mail address, website address, and
any other information required by the office;
Discloses any criminal convictions of the applicant or of any person who seeks to participate
with the applicant in the demonstration of an offering;
Contains a description of the offering to be demonstrated, including statements regarding:
o How the offering is subject to licensing, legal prohibition, or other authorization
requirements outside of the program;
o Each law or regulation that the applicant seeks to have waived or suspended while
participating in the program;
o How the offering would benefit consumers;
o How the offering is different from other available offerings;
o What risks might exist for consumers who use or purchase the offering;
o How participating in the regulatory sandbox would enable a successful demonstration of
the offering;
o A description of the proposed demonstration plan, including estimated time periods for
beginning and ending the demonstration;
o Recognition that the applicant shall be subject to all laws and regulations pertaining to the
applicant’s offering after conclusion of the demonstration; and
o How the applicant plans to end the demonstration and protect consumers if the
demonstration fails;
Lists each applicable agency that the applicant knows regulates the applicant’s business; and
Provides any other required information as determined by the office.
Additionally, the bill requires an applicant to file a separate application for each offering that the
applicant wishes to demonstrate.
The bill provides that after an application is filed, the office is required to do the following:
Classify, as a protected record, any part of the application that the office determines is
nonpublic, confidential information that if disclosed would result in actual economic harm to
the applicant;
Consult with each applicable agency that regulates the applicant’s business regarding
whether more information is needed from the applicant; and
Seek any additional information from the applicant that the office determines is necessary.
The bill requires the office to take the following actions no later than 5 business days after the
day a complete application is received:
Review the application and refer the application to each applicable agency that regulates the
applicant’s business;
Provide to the applicant;
BILL: SB 1390 Page 8
o An acknowledgement of receipt of the application;
o The identity and contact information of each applicable agency to which the application
has been referred for review; and
Provide public notice, on the office’s website and through other appropriate means, of each
law or regulation that the office is considering suspending or waiving pursuant to the
application.
The bill requires an applicable agency to provide a written report to the director that includes the
applicable agency’s findings no later than 30 days after the day on which an applicable agency
receives a complete application for review. The written report must do the following:
Describe any identifiable, likely, and significant harm to the health, safety, or financial well-
being of consumers against which the relevant law or regulation protects; and
Make a recommendation to the office that the applicant be admitted or denied entrance into
the program.
The bill authorizes the applicable agency to request an additional 5 business days to deliver the
written report by providing notice to the director. However, the applicable agency may only
request one extension per application.
The bill provides that if the applicable agency recommends an applicant be denied entrance into
the program, the written report must include a description of the reasons for the recommendation,
including why a temporary waiver or suspension of the relevant laws or regulations would
potentially significantly harm the health, safety, or financial well-being of consumers and the
likelihood of such harm occurring.
The bill establishes that if the applicable agency determines the consumer’s health, safety, or
financial well-being can be protected through less restrictive means than the existing laws or
regulations, the applicable agency must provide a recommendation of how that can be achieved.
Additionally, if an applicable agency fails to deliver a written report as required in the bill, the
director must assume that the applicable agency does not object to the temporary waiver or
suspension of the relevant laws or regulations for an applicant seeking to participate in the
program.
The bill provides that an applicable agency may by written notice to the office:
Within the 30 days after the day on which the applicable agency receives a complete
application for review, or within 35 days if an extension has been requested by the applicable
agency, reject an application if the applicable agency determines, in the applicable agency’s
sole discretion, that the applicant’s offering fails to comply with standards or specifications:
o Required by federal law or regulation; or
o Previously approved for use by a federal agency; or
Reject an application preliminarily approved by the office if the applicable agency:
o Recommended rejection of the application in the applicable agency’s written report; and
o Provides in the written notice a description of the applicable agency’s reasons why
approval of the application would create a substantial risk of harm to the health or safety
of consumers or would create unreasonable expenses for taxpayers.
BILL: SB 1390 Page 9
The bill establishes that if an applicable agency rejects an application, then the office must deny
the application. Additionally, upon receiving a written report, the director must provide the
application and the written report to the committee.
The bill authorizes the director to call the committee to meet as needed, but not less than once
per quarter if applications are available for review. After receiving and reviewing the application
and each written report, the committee must provide a recommendation to the director as to
whether the applicant should be admitted as a program participant.
The bill provides that in reviewing an application and each applicable agency’s written report,
the office must consult with each applicable agency and the committee before admitting an
applicant into the program. The consultation with each applicable agency and the consultation
with the committee may include seeking information about whether:
The applicable agency has previously issued a license or other authorization to the applicant;
or
The applicable agency has previously investigated, sanctioned, or pursued legal action
against the applicant.
Additionally, the office and the applicable agency must consider whether a competitor to the
applicant is or has been a program participant and, if so, weigh that as a factor in favor of
allowing the applicant to also become a participant.
In reviewing an application, the office must consider whether:
The applicant’s plan will adequately protect consumers from potential harm identified by an
applicable agency in the applicable agency’s written report;
The risk of harm to consumers is outweighed by the potential benefits to consumers from the
applicant’s participation in the regulatory sandbox; and
Laws or regulations that regulate an offering should not be waived or suspended even if the
applicant is approved as a program participant, including applicable antifraud or disclosure
laws or regulations.
The bill provides that an applicant becomes a program participant if the office approves the
application and enters into a written agreement with the applicant describing the specific laws
and regulations that are waived or suspended as part of the applicant’s participation in the
program. However, the office is prohibited from entering into a written agreement with an
applicant that waives or suspends a tax, fee, or charge that is administered by the Department of
Revenue.
The bill authorizes the director to deny any application for any reason, including if the director
determines that the preponderance of evidence demonstrates that suspending or waiving
enforcement of a law or regulation would cause a significant risk of harm to consumers. If the
director denies an application, the office is required to provide the applicant with a written
description of the reasons of such denial. Additionally, the denial of an application is not subject
to agency or judicial review or ch. 120, F.S.
The bill requires the director to deny an application for participation in the program if:
BILL: SB 1390 Page 10
The director determines that the applicant should instead apply for the Financial Technology
Sandbox; or
The applicant or any person who seeks to participate with the applicant in the demonstration
of an offering has been convicted of, or entered a plea of guilty or nolo contendere to any
crime involving significant theft, fraud, or dishonesty if the crime bears a significant
relationship to the applicant’s or other participant’s ability to safely and competently
participate in the program
The bill provides that when an applicant is approved for participation in the program, the director
must provide public notice of the approval on the Office’s website and through other appropriate
means. The public notice must state the following:
The full legal name of the program participant;
The industries represented by the program participant; and
Each law or regulation that is suspended or waived for the program participant pursuant to
the program approval.
Additionally, the office must post the following information on its website and also make the
information available through other appropriate means:
Documentation regarding the office’s determination and grounds for approving each program
participant; and
Public notice regarding any program participant’s termination of participation in the
program.
Scope of the Regulatory Sandbox
The bill provides that if the office approves an application, the program participant has 12
months after the day on which the application was approved to demonstrate the offering
described in the program participant’s application. An offering that is demonstrated in the
program is subject to the following:
Each consumer must be a resident of Florida; and
A law or regulation may not be waived or suspended if it would prevent a consumer from
seeking restitution in the event that the consumer is harmed.
The bill clarifies that a program participant is not restricted from acting in accordance with a
license or other authorization from another jurisdiction. Additionally, a program participant is
deemed to possess an appropriate license or other authorization under the laws of Florida for the
purposes of any provision of federal law requiring licensure or other authorization by the state.
The bill provides that during the demonstration period, a program participant is not subject to the
enforcement of laws or regulations identified in the written agreement between the office and the
program participant. A prosecutor may not file or pursue charges pertaining to a violation of law
or regulation identified in the written agreement between the office and the program participant
that occurs during the demonstration period. Further, an applicable agency may not file or pursue
any punitive action against a program participant, including the imposition of a fine or the
suspension or revocation of a license, for a violation of law or regulation that:
Is identified as being waived or suspended in the written agreement between the office and
the program participant; and
Occurs during the demonstration period.
BILL: SB 1390 Page 11
However, a program participant does not have immunity related to any criminal offense
committed during the program participant’s participation in the program. Additionally, a
program participant who provides an offering that is a financial product or service must comply
with all applicable federal laws and regulations governing consumer protection.
The bill establishes that by written notice, the office may terminate a program participant’s
participation in the program at any time and for any reason. Additionally, the office and the
office’s employees are not liable for any business losses or the recouping of application expenses
or other expenses related to the program, including expenses for:
Denying an applicant’s application to participate in the program for any reason; or
Terminating a program participant’s participation in the program at any time and for any
reason.
Annual Report
The bill requires the secretary to provide a written report by October 1 of each year to the
President of the Senate and the Speaker of the House of Representatives that includes:
Information regarding each program participant, including which industries each participant
represents and each participant’s anticipated or actual cost savings;
Recommendations regarding any laws or regulations that should be permanently modified or
eliminated;
Information regarding consumer outcomes; and
Recommendations for changes to the program or other office duties.
Consumer Protection
The bill requires a program participant to disclose the following to a consumer, before
demonstrating an offering to a consumer:
The full legal name and contact information of the program participant;
That the offering is authorized under the regulatory sandbox and, if applicable, that the
program participant does not hold a license or other authorization to provide an offering
under laws or regulations that regulate offerings outside of the regulatory sandbox;
That the offering is undergoing testing and may not function as intended and may expose the
consumer to certain risks as identified by the applicable agency’s written report;
That the program participant is not immune from civil liability for any losses or damages
caused by the offering;
That the program participant is not immune from criminal prosecution for violations of laws
or regulations that are not suspended or waived pursuant to program participation;
That the offering is a temporary demonstration that may be discounted at the end of the
demonstration period;
The expected end date of the demonstration period; and
That a consumer may file a complaint with the office regarding the offering being
demonstrated and the office’s telephone number and website address where a complaint may
be filed.
BILL: SB 1390 Page 12
The disclosures must be provided to a consumer in a clear and conspicuous format and, for an
Internet or application-based offering, a consumer must acknowledge receipt of the disclosure
before any transaction may be completed. Additionally, the office may require that a program
participant make additional disclosures to a consumer.
Requirements for Exiting
The bill provides that at least 30 days before the end of the 12-month regulatory sandbox
demonstration period, a program participant must:
Notify the office that the program participant must exit the regulatory sandbox and
discontinue the program participant’s demonstration after the day on which the 12-month
demonstration period ends; or
Seek an extension.
If the office does not receive the required notification, the regulatory sandbox demonstration
period ends at the end of the 12-month demonstration period. Additionally, if a demonstration
includes an offering that requires ongoing duties, the program participant may continue to
perform those duties but must be subject to enforcement by the laws or regulations that were
waived or suspended pursuant to the regulatory sandbox.
Extensions
The bill establishes that no later than 30 days before the end of the 12-month regulatory sandbox
demonstration period, a program participant may request an extension of the regulatory sandbox
demonstration period. The office must grant or deny a request for an extension by the end of the
12-month regulatory sandbox demonstration period. Further, the office may grant an extension
for not more than 12 months after the end of the regulatory sandbox demonstration period.
Recordkeeping and Reporting
The bill requires a program participant to retain records, documents, and data produced in the
ordinary course of business regarding an offering demonstrated in the regulatory sandbox. If a
program participant ceases to provide an offering before the end of a demonstration period, the
program participant must notify the office and each applicable agency and report on actions
taken by the program participant to ensure that consumers have not been harmed as a result of
the offering.
The bill requires the office to establish quarterly reporting requirements for a sandbox
participant, including reporting any consumer complaints filed. Additionally, the office may
request records, documents, and data from a program participant and, upon the office’s request,
the program participant must make such records, documents, and data available for inspection by
the office.
The bill establishes that a program participant must provide a written report to the office and
each applicable agency detailing any incidents that resulted in harm to the health, safety, or
financial well-being of a consumer. If a program participant fails to notify the office and each
applicable agency of any incidents as described above, or the office or an applicable agency has
BILL: SB 1390 Page 13
evidence that significant harm to a consumer has occurred, the office may immediately remove
the program participant from the regulatory sandbox.
The bill provides that no later than 30 days after the day on which a program participant exits the
regulatory sandbox, the program participant must submit a written report to the office and each
applicable agency describing an overview of the program participant’s demonstration, including
any:
Incidents of harm to consumers;
Legal action filed against the participant as a result of the participant’s demonstration; and
Complaints filed with an applicable agency as a result of the participant’s demonstration.
The bill provides that no later than 30 days after the day on which an applicable agency receives
the quarterly reporting or a written report from a program participant, the applicable agency must
provide a written report to the office on the demonstration that describes any statutory or
regulatory reform the applicable agency recommends as a result of the demonstration. The office
may remove a program participant from the regulatory sandbox at any time if the office
determines that a program participant has engaged in, is engaging in, or is about to engage in any
practice or transaction that violates this bill or that constitutes a violation of a law or regulation
for which suspension or waiver has not been granted under the regulatory sandbox.
Regulatory Relief Webpage
The bill provides that the office must create and maintain on the DEO’s website a web page that
invites residents and businesses to make suggestions regarding laws and regulations that could be
modified or eliminated to reduce the regulatory burden on residents and businesses.
The bill establishes that on at least a quarterly basis, the office must compile the results of
suggestions from the web page and provide a written report to the Governor, the President of the
Senate, and the Speaker of the House of Representatives that describes the most common
suggestions. In creating the report, the office and the advisory committee:
Must ensure that nonpublic information of residents and businesses that make suggestions on
the web page is not made public; and
May evaluate the suggestions and provide analysis and suggestions regarding which laws and
regulations could be modified or eliminated to reduce the regulatory burden on residents and
businesses while still protecting consumers.
The Department of Economic Opportunity
The bill amends s. 20.60, F.S., to add the Office of Regulatory Relief to the divisions and offices
of the DEO.
Effective Date
The bill takes effect July 1, 2023, only if SB 1392 or similar legislation takes effect and if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
SB 1392 creates a new public records exemption and an open meeting exemption for information
in a regulatory sandbox application that the office reasonably believes could result in economic
harm to the applicant.
BILL: SB 1390 Page 14
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:
Entering into Reciprocal Agreements with Other States
Statutory authorization to enter reciprocal agreements with other states may potentially
implicate the “nondelegation doctrine.” Article III, Section 1 of the Florida Constitution
states that "[t]he legislative power of the state shall be vested in a legislature of the State
of Florida.” The Florida Supreme Court has held that this constitutional provision
requires that “primary policy decisions must be made by members of the legislature who
are elected to perform those tasks, and administration of legislative programs must be
pursuant to some minimal standards and guidelines….”22
The Legislature may constitutionally transfer subordinate functions to "permit
administration of legislative policy by an agency with the expertise and flexibility to deal
with complex and fluid conditions."23 However, the Legislature "may not delegate the
power to enact a law or the right to exercise unrestricted discretion in applying the law."24
Further, the nondelegation doctrine precludes the Legislature from delegating its powers
“absent ascertainable minimal standards and guidelines.”25 When the Legislature
delegates power to another body, it “must clearly announce adequate standards to guide
in the execution of the powers delegated.”26
22
Askew v. Cross Key Waterways, 372 So.2d 913, 925 (Fla. 1978).
23
Microtel v. Fla. Pub. Serv. Comm'n, 464 So.2d 1189, 1191 (Fla.1985) (citing State, Dep't of Citrus v. Griffin, 239 So.2d
577 (Fla.1970)).
24
Sims v. State, 754 So.2d 657, 668 (Fla. 2000).
25
Dep't of Bus. Reg., Div. of Alcoholic Beverages and Tobacco v. Jones, 474 So.2d 359, 361 (Fla. 1st DCA 1985).
26
Martin, 916 So.2d at 770.
BILL: SB 1390 Page 15
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may have a fiscal impact on businesses that have a reduced regulatory structure
by inclusion into the Universal Regulatory Sandbox. This could allow these businesses to
be more successful or could result in the failure of the business.
C. Government Sector Impact:
The bill will have an indeterminate fiscal impact on the DEO, which will bear costs
associated with the operation of the office. There may also be costs associated with
advisory committee meetings, such as travel per diems.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill requires the office to provide public notice, on the office’s website and through other
“appropriate means,” of each law or regulation that the office is considering suspending or
waiving pursuant to the application. However, it is unclear what should be considered as other
appropriate means.
The bill authorizes an applicable agency to reject an application by written notice to the office
that was “preliminarily” approved by the office under certain circumstances. However, it is
unclear when or how the office can preliminary approve an applicant.
The bill provides that a sandbox participant can request a 12-month extension of the regulatory
sandbox demonstration period. However, it is unclear how many extensions a sandbox
participant can be granted.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 288.9971, 288.9972, 288.9973,
288.9974, 288.9975, 288.9976, 288.9977, 288.9978, 288.9978, 288.9979, 288.9981, 288.9982,
288.9983.
This bill substantially amends section 20.60 of the Florida Statutes.
BILL: SB 1390 Page 16
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 - 2023 SB 1390 Florida Senate - 2023 SB 1390
By Senator Martin
33-00842A-23 20231390__ 33-00842A-23 20231390__
1 A bill to be entitled 30 amending s. 20.60, F.S.; conforming provisions to
2 An act relating to the universal regulatory sandbox; 31 changes made by the act; providing a contingent
3 creating part XVI of ch. 288, F.S.; providing purpose; 32 effective date.
4 defining terms; creating the Office of Regulatory 33
5 Relief within the Department of Economic Opportunity; 34 Be It Enacted by the Legislature of the State of Florida:
6 specifying the duties and powers of the office; 35
7 creating the General Regulatory Sandbox Program 36 Section 1. Part XVI of chapter 288, Florida Statutes,
8 Advisory Committee; providing for membership of the 37 consisting of ss. 288.9971-288.9983, is created to read:
9 committee; creating the General Regulatory Sandbox 38 PART XVI
10 Program; providing requirements for applications; 39 UNIVERSAL REGULATORY SANDBOX
11 providing timelines and criteria for reviewing 40 288.9971 Purpose.—This part establishes a universal
12 applications; requiring the office to consult with 41 regulatory sandbox, which allows businesses, under the
13 specified entities before admitting an applicant into 42 observation of regulators, to demonstrate innovative products,
14 the regulatory sandbox; providing for written 43 services, and business models while temporarily receiving a
15 agreements with sandbox participants; exempting denial 44 waiver or suspension of inapplicable laws or regulations.
16 of an application from certain review or specified 45 288.9972 Definitions.—As used in this part, the term:
17 laws; providing grounds for denial of an application; 46 (1) “Advisory committee” means the General Regulatory
18 requiring public notice of approval of an applicant; 47 Sandbox Program Advisory Committee created in s. 288.9974.
19 requiring the office to post certain information on 48 (2) “Applicable agency” means a department or agency of the
20 its website; exempting sandbox participants from 49 state that regulates a business activity and persons engaged in
21 certain enforcement for a specified period; specifying 50 such business activity, including the issuance of licenses or
22 limits to such exemption; authorizing the office to 51 other types of authorization, which the office determines would
23 terminate participation in the regulatory sandbox; 52 otherwise regulate a sandbox participant.
24 providing certain immunity to the office and its 53 (3) “Applicant” means a person who applies to participate
25 employees; providing for consumer protection; 54 in the regulatory sandbox.
26 providing requirements for exiting the regulatory 55 (4) “Blockchain technology” means the use of a digital
27 sandbox; providing for extension of agreements; 56 database containing records of financial transactions, which can
28 providing recordkeeping and reporting requirements; 57 be simultaneously used and shared within a decentralized,
29 requiring the office to maintain a specified web page; 58 publicly accessible network and can record transactions between
Page 1 of 23 Page 2 of 23
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2023 SB 1390 Florida Senate - 2023 SB 1390
33-00842A-23 20231390__ 33-00842A-23 20231390__
59 two parties in a verifiable and permanent way. 88 chapter 454.
60 (5) “Consumer” means a person who purchases or otherwise 89 (12) “Office” means the Office of Regulatory Relief created
61 enters into a transaction or agreement to receive an offering 90 in s. 288.9973.
62 pursuant to a demonstration by a sandbox participant. 91 (13) “Product” means a commercially distributed good that
63 (6) “Demonstrate” or “demonstration” means to temporarily 92 is:
64 provide an offering in accordance with the General Regulatory 93 (a) Tangible personal property.
65 Sandbox Program created in s. 288.9975. 94 (b) The result of a production process.
66 (7) “Director” means the director of the Office of 95 (c) Passed through the distribution channel before
67 Regulatory Relief. 96 consumption.
68 (8) “Financial product or service” has the same meaning as 97 (14) “Production” means the method or process of creating
69 in s. 559.952(3). 98 or obtaining a good, which may include assembling, breeding,
70 (9) “Innovation” means the use or incorporation of a new or 99 capturing, collecting, extracting, fabricating, farming,
71 existing idea, a new or emerging technology, or a new use of 100 fishing, gathering, growing, harvesting, hunting, manufacturing,
72 existing technology, including blockchain technology, to address 101 mining, processing, raising, or trapping a good.
73 a problem, provide a benefit, or otherwise offer a product, 102 (15) “Regulatory sandbox” means the General Regulatory
74 production method, or service. 103 Sandbox Program created in s. 288.9975, which allows a person to
75 (10) “Insurance product or service” means an insurance 104 temporarily demonstrate an offering under a waiver or suspension
76 product or insurance service that requires state licensure, 105 of one or more state laws or regulations.
77 registration, or other authorization under the Florida Insurance 106 (16) “Sandbox participant” means a person whose application
78 Code, including an insurance product or insurance service that 107 to participate in the regulatory sandbox is approved in
79 includes a business model, delivery mechanism, or element that 108 accordance with this part.
80 requires a license, registration, or other authorization to 109 (17) “Secretary” means the Secretary of Economic
81 engage in an insurance business, act as an insurance producer or 110 Opportunity.
82 consultant, or engage in insurance adjusting. 111 (18) “Service” means any commercial activity, duty, or
83 (11) “Offering” means a product, production method, or 112 labor performed for another person.
84 service, including a financial product or service or an 113 288.9973 Office of Regulatory Relief.—
85 insurance product or service, that includes an innovation. The 114 (1) There is created within the Department of Economic
86 term does not include any service for which a license or 115 Opportunity the Office of Regulatory Relief.
87 authorization to practice law in this state is required under 116 (2)(a) The office shall be administered by a director.
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117 (b) The director shall report to the secretary and may 146 288.9974 General Regulatory Sandbox Program Advisory
118 appoint staff, subject to the approval of the secretary. 147 Committee.—
119 (3) The office shall: 148 (1) There is created the General Regulatory Sandbox Program
120 (a) Administer this part. 149 Advisory Committee.
121 (b) Administer the regulatory sandbox. 150 (2) The advisory committee shall consist of 11 members as
122 (c) Act as a liaison between private businesses and 151 follows:
123 applicable agencies to identify laws or regulations that could 152 (a) Six members who represent business interests from a
124 be waived or suspended under the regulatory sandbox. 153 variety of industries, appointed by the director.
125 (4) The office may: 154 (b) Three members who represent applicable agencies
126 (a) Review laws and regulations that may unnecessarily 155 regulating businesses, appointed by the director.
127 inhibit the creation and success of new companies or industries 156 (c) One member of the Senate, appointed by the President of
128 and provide recommendations to the Governor and the Legislature 157 the Senate.
129 on modifying or eliminating such laws and regulations. 158 (d) One member of the House of Representatives, appointed
130 (b) Create a framework for analyzing the risk level to the 159 by the Speaker of the House of Representatives.
131 health, safety, and financial well-being of consumers related to 160 (3)(a) Subject to paragraph (b), members of the advisory
132 permanently modifying or eliminating or temporarily waiving or 161 committee who are not legislators shall be appointed to 4-year
133 suspending laws and regulations inhibiting the creation or 162 terms.
134 success of new and existing companies or industries. 163 (b) Notwithstanding the requirements of paragraph (a), the
135 (c) Propose potential reciprocity agreements between states 164 director may adjust the length of terms of appointments and
136 that use or are proposing to use similar regulatory sandboxes as 165 reappointments to the advisory committee so that approximately
137 created in this part or the Financial Technology Sandbox created 166 half of the advisory committee is appointed every 2 years.
138 in s. 559.952. 167 (4) The director shall select a chair of the advisory
139 (d) In accordance with chapter 120 and this part, adopt 168 committee on an annual basis.
140 rules regarding: 169 (5) A majority of the members of the advisory committee
141 1. Administering the regulatory sandbox, including adopting 170 constitutes a quorum for the purpose of conducting advisory
142 rules regarding the application process and the reporting 171 committee business, and the affirmative vote of a majority of
143 requirements of sandbox participants. 172 the members constitutes the official action of the advisory
144 2. Cooperating and consulting with other applicable 173 committee.
145 agencies that administer regulatory sandboxes. 174 (6) The advisory committee shall advise and make
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175 recommendations to the office. 204 in a form prescribed by the office, that:
176 (7) The office shall provide administrative staff support 205 (a) Confirms the applicant is subject to the jurisdiction
177 for the advisory committee. 206 of the state.
178 (8) A member may not receive compensation or benefits for 207 (b) Confirms the applicant has established a physical or
179 the member’s service, but a member appointed under paragraph 208 virtual location in the state, from which the demonstration of
180 (2)(a) may receive per diem and travel expenses in accordance 209 an offering shall be developed and performed and where all
181 with s. 112.061. 210 required records, documents, and data shall be maintained.
182 288.9975 General Regulatory Sandbox Program; application 211 (c) Contains relevant personal and contact information for
183 requirements.— 212 the applicant, including the applicant’s full legal name,
184 (1) There is created in the office the General Regulatory 213 address, telephone number, e-mail address, website address, and
185 Sandbox Program. 214 any other information required by the office.
186 (2) In administering the regulatory sandbox, the office: 215 (d) Discloses any criminal convictions of the applicant or
187 (a) Shall consult with each applicable agency. 216 of any person who seeks to participate with the applicant in the
188 (b) Shall enable a person to obtain legal protections and 217 demonstration of an offering.
189 limited access to the market to demonstrate an offering without 218 (e) Contains a description of the offering to be
190 obtaining a license or other authorization that might otherwise 219 demonstrated, including statements regarding:
191 be required. 220 1. How the offering is subject to licensing, legal
192 (c) May enter into agreements with or adopt the best 221 prohibition, or other authorization requirements outside of the
193 practices of corresponding federal regulatory agencies or 222 regulatory sandbox.
194 agencies in other states that are administering similar 223 2. Each law or regulation that the applicant seeks to have
195 programs. 224 waived or suspended while participating in the regulatory
196 (d) May consult with businesses about existing or potential 225 sandbox.
197 proposals for the regulatory sandbox. 226 3. How the offering would benefit consumers.
198 (3)(a) An applicant may contact the office to request a 227 4. How the offering is different from other available
199 consultation regarding the regulatory sandbox before submitting 228 offerings.
200 an application. 229 5. What risks might exist for consumers who use or purchase
201 (b) The office may provide assistance to an applicant in 230 the offering.
202 preparing an application for submission. 231 6. How participating in the regulatory sandbox would enable
203 (4) An applicant shall submit an application to the office, 232 a successful demonstration of the offering.
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233 7. A description of the proposed demonstration plan, 262 each applicable agency that regulates the applicant’s business.
234 including estimated time periods for beginning and ending the 263 (b) Provide to the applicant:
235 demonstration. 264 1. An acknowledgment of receipt of the application.
236 8. Recognition that the applicant shall be subject to all 265 2. The identity and contact information of each applicable
237 laws and regulations pertaining to the applicant’s offering 266 agency to which the application has been referred for review.
238 after conclusion of the demonstration. 267 (c) Provide public notice, on the office’s website and
239 9. How the applicant plans to end the demonstration and 268 through other appropriate means, of each law or regulation that
240 protect consumers if the demonstration fails. 269 the office is considering suspending or waiving pursuant to the
241 (f) Lists each applicable agency that the applicant knows 270 application.
242 regulates the applicant’s business. 271 (8)(a) Subject to paragraphs (c) and (g), no later than 30
243 (g) Provides any other required information as determined 272 days after the day on which an applicable agency receives a
244 by the office. 273 complete application for review, the applicable agency shall
245 (5) An applicant shall file a separate application for each 274 provide a written report to the director that includes the
246 offering that the applicant wishes to demonstrate. 275 applicable agency’s findings.
247 (6) After an application is filed, the office shall: 276 (b) The written report shall:
248 (a) Classify, as a protected record, any part of the 277 1. Describe any identifiable, likely, and significant harm
249 application that the office determines is nonpublic, 278 to the health, safety, or financial well-being of consumers
250 confidential information that if disclosed would result in 279 against which the relevant law or regulation protects.
251 actual economic harm to the applicant in accordance with s. 280 2. Make a recommendation to the office that the applicant
252 288.9984. 281 be admitted or denied entrance into the regulatory sandbox.
253 (b) Consult with each applicable agency that regulates the 282 (c)1. The applicable agency may request an additional 5
254 applicant’s business regarding whether more information is 283 business days to deliver the written report by providing notice
255 needed from the applicant. 284 to the director, which request shall automatically be granted.
256 (c) Seek any additional information from the applicant that 285 2. The applicable agency may only request one extension per
257 the office determines is necessary. 286 application.
258 (7) No later than 5 business days after the day on which a 287 (d) If the applicable agency recommends an applicant be
259 complete application is received by the office, the office 288 denied entrance into the regulatory sandbox, the written report
260 shall: 289 shall include a description of the reasons for the
261 (a) Review the application and refer the application to 290 recommendation, including why a temporary waiver or suspension
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291 of the relevant laws or regulations would potentially 320 description of the applicable agency’s reasons why approval of
292 significantly harm the health, safety, or financial well-being 321 the application would create a substantial risk of harm to the
293 of consumers and the likelihood of such harm occurring. 322 health or safety of consumers or would create unreasonable
294 (e) If the applicable agency determines that the consumer’s 323 expenses for taxpayers.
295 health, safety, or financial well-being can be protected through 324 (h) If an applicable agency rejects an application under
296 less restrictive means than the existing laws or regulations, 325 paragraph (g), the office must deny the application.
297 the applicable agency shall provide a recommendation of how that 326 (9)(a) Upon receiving a written report described in
298 can be achieved. 327 subsection (8), the director shall provide the application and
299 (f) If an applicable agency fails to deliver a written 328 the written report to the advisory committee.
300 report as required in this subsection, the director shall assume 329 (b) The director may call the advisory committee to meet as
301 that the applicable agency does not object to the temporary 330 needed, but not less than once per quarter if applications are
302 waiver or suspension of the relevant laws or regulations for an 331 available for review.
303 applicant seeking to participate in the regulatory sandbox. 332 (c) After receiving and reviewing the application and each
304 (g) Notwithstanding any other provision of this section, an 333 written report, the advisory committee shall provide to the
305 applicable agency may by written notice to the office: 334 director a recommendation as to whether the applicant should be
306 1. Within the 30 days after the day on which the applicable 335 admitted as a sandbox participant under this part.
307 agency receives a complete application for review, or within 35 336 (d) As part of the advisory committee’s review of each
308 days if an extension has been requested by the applicable 337 written report, the advisory committee shall use the criteria
309 agency, reject an application if the applicable agency 338 required for an applicable agency as described in subsection
310 determines, in the applicable agency’s sole discretion, that the 339 (8).
311 applicant’s offering fails to comply with standards or 340 (10)(a) In reviewing an application and each applicable
312 specifications: 341 agency’s written report, the office shall consult with each
313 a. Required by federal law or regulation; or 342 applicable agency and the advisory committee before admitting an
314 b. Previously approved for use by a federal agency; or 343 applicant into the regulatory sandbox.
315 2. Reject an application preliminarily approved by the 344 (b) The consultation with each applicable agency and the
316 office if the applicable agency: 345 consultation with the advisory committee may include seeking
317 a. Recommended rejection of the application in accordance 346 information about whether:
318 with paragraph (d) in the applicable agency’s written report. 347 1. The applicable agency has previously issued a license or
319 b. Provides in the written notice under this paragraph a 348 other authorization to the applicant.
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349 2. The applicable agency has previously investigated, 378 discretion, any application submitted under this section for any
350 sanctioned, or pursued legal action against the applicant. 379 reason, including if the director determines that the
351 (11) In reviewing an application under this section, the 380 preponderance of evidence demonstrates that suspending or
352 office and the applicable agency shall consider whether a 381 waiving enforcement of a law or regulation would cause a
353 competitor to the applicant is or has been a sandbox participant 382 significant risk of harm to consumers.
354 and, if so, weigh that as a factor in favor of allowing the 383 (b) If the director denies an application submitted under
355 applicant to also become a sandbox participant. 384 this section, the office shall provide to the applicant a
356 (12) In reviewing an application under this section, the 385 written description of the reasons for such denial.
357 office shall consider whether: 386 (c) The denial of an application submitted under this
358 (a) The applicant’s plan will adequately protect consumers 387 section is not subject to:
359 from potential harm identified by an applicable agency in the 388 1. Agency or judicial review; or
360 applicable agency’s written report. 389 2. Chapter 120.
361 (b) The risk of harm to consumers is outweighed by the 390 (15) The director shall deny an application for
362 potential benefits to consumers from the applicant’s 391 participation in the regulatory sandbox if:
363 participation in the regulatory sandbox. 392 (a) The director determines that the applicant should
364 (c) Laws or regulations that regulate an offering should 393 instead apply for the Financial Technology Sandbox created in s.
365 not be waived or suspended even if the applicant is approved as 394 559.952; or
366 a sandbox participant, including applicable antifraud or 395 (b) The applicant or any person who seeks to participate
367 disclosure laws or regulations. 396 with the applicant in the demonstration of an offering has been
368 (13)(a) An applicant becomes a sandbox participant if the 397 convicted of, or entered a plea of guilty or nolo contendere to,
369 office approves the application and enters into a written 398 any crime involving significant theft, fraud, or dishonesty if
370 agreement with the applicant describing the specific laws and 399 the crime bears a significant relationship to the applicant’s or
371 regulations that are waived or suspended as part of the 400 other participant’s ability to safely and competently
372 applicant’s participation in the regulatory sandbox. 401 participate in the regulatory sandbox.
373 (b) Notwithstanding any other provision of this part, the 402 (16)(a) When an applicant is approved for participation in
374 office may not enter into a written agreement with an applicant 403 the regulatory sandbox, the director shall provide public notice
375 that waives or suspends a tax, fee, or charge that is 404 of the approval on the office’s website and through other
376 administered by the Department of Revenue. 405 appropriate means.
377 (14)(a) The director may deny, at the director’s sole 406 (b) The public notice described in paragraph (a) shall
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407 state: 436 authorization.
408 1. The full legal name of the sandbox participant. 437 (4) A sandbox participant is deemed to possess an
409 2. The industries represented by the sandbox participant. 438 appropriate license or other authorization under the laws of the
410 3. Each law or regulation that is suspended or waived for 439 state for the purposes of any provision of federal law requiring
411 the sandbox participant pursuant to the regulatory sandbox 440 licensure or other authorization by the state.
412 approval. 441 (5) Subject to subsection (6):
413 (17) In addition to the information described in subsection 442 (a) During the demonstration period, a sandbox participant
414 (16), the office shall post the following information on the 443 is not subject to the enforcement of laws or regulations
415 office’s website and also make the information available through 444 identified in the written agreement between the office and the
416 other appropriate means: 445 sandbox participant, as described in s. 288.9975(13).
417 (a) Documentation regarding the office’s determination and 446 (b) A prosecutor may not file or pursue charges pertaining
418 grounds for approving each sandbox participant. 447 to a violation of law or regulation identified in the written
419 (b) Public notice regarding any sandbox participant’s 448 agreement between the office and the sandbox participant, as
420 termination of participation in the regulatory sandbox. 449 described in s. 288.9975(13), that occurs during the
421 288.9976 Scope of the regulatory sandbox.— 450 demonstration period.
422 (1) If the office approves an application under this part, 451 (c) An applicable agency may not file or pursue any
423 the sandbox participant has 12 months after the day on which the 452 punitive action against a sandbox participant, including the
424 application was approved to demonstrate the offering described 453 imposition of a fine or the suspension or revocation of a
425 in the sandbox participant’s application. 454 license, for a violation of law or regulation that:
426 (2) An offering that is demonstrated in the regulatory 455 1. Is identified as being waived or suspended in the
427 sandbox is subject to the following: 456 written agreement between the office and the sandbox
428 (a) Each consumer shall be a resident of the state. 457 participant, as described in s. 288.9975(13).
429 (b) A law or regulation may not be waived or suspended if 458 2. Occurs during the demonstration period.
430 waiving or suspending the law or regulation would prevent a 459 (6) Notwithstanding any other provision of this part:
431 consumer from seeking restitution in the event that the consumer 460 (a) A sandbox participant does not have immunity related to
432 is harmed. 461 any criminal offense committed during the sandbox participant’s
433 (3) This part does not restrict a sandbox participant who 462 participation in the regulatory sandbox.
434 holds a license or other authorization in another jurisdiction 463 (b) A sandbox participant who provides an offering that is
435 from acting in accordance with that license or other 464 a financial product or service shall comply with all applicable
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465 federal laws and regulations governing consumer protection. 494 consumer:
466 (7) By written notice, the office may terminate a sandbox 495 (a) The full legal name and contact information of the
467 participant’s participation in the regulatory sandbox at any 496 sandbox participant.
468 time and for any reason, including if the director determines 497 (b) That the offering is authorized under the regulatory
469 that a sandbox participant is not operating in good faith to 498 sandbox and, if applicable, that the sandbox participant does
470 bring an offering to consumers. 499 not hold a license or other authorization to provide an offering
471 (8) The office and the office’s employees are not liable 500 under laws or regulations that regulate offerings outside of the
472 for any business losses or the recouping of application expenses 501 regulatory sandbox.
473 or other expenses related to the regulatory sandbox, including 502 (c) That the offering is undergoing testing and may not
474 expenses for: 503 function as intended and may expose the consumer to certain
475 (a) Denying an applicant’s application to participate in 504 risks as identified by the applicable agency’s written report.
476 the regulatory sandbox for any reason; or 505 (d) That the sandbox participant is not immune from civil
477 (b) Terminating a sandbox participant’s participation in 506 liability for any losses or damages caused by the offering.
478 the regulatory sandbox at any time and for any reason. 507 (e) That the sandbox participant is not immune from
479 288.9977 Annual report.—By October 1 of each year, the 508 criminal prosecution for violations of laws or regulations that
480 secretary shall provide a written report to the President of the 509 are not suspended or waived pursuant to regulatory sandbox
481 Senate and the Speaker of the House of Representatives that 510 participation.
482 includes: 511 (f) That the offering is a temporary demonstration that may
483 (1) Information regarding each sandbox participant, 512 be discounted at the end of the demonstration period.
484 including which industries each participant represents and each 513 (g) The expected end date of the demonstration period.
485 participant’s anticipated or actual cost savings. 514 (h) That a consumer may file a complaint with the office
486 (2) Recommendations regarding any laws or regulations that 515 regarding the offering being demonstrated and the office’s
487 should be permanently modified or eliminated. 516 telephone number and website address where a complaint may be
488 (3) Information regarding consumer outcomes. 517 filed.
489 (4) Recommendations for changes to the regulatory sandbox 518 (2) The disclosures required by subsection (1) shall be
490 or other office duties. 519 provided to a consumer in a clear and conspicuous format and,
491 288.9978 Consumer protection for regulatory sandbox.— 520 for an Internet or application-based offering, a consumer shall
492 (1) Before demonstrating an offering to a consumer, a 521 acknowledge receipt of the disclosure before any transaction may
493 sandbox participant shall disclose the following to the 522 be completed.
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523 (3) The office may require that a sandbox participant make 552 this section for not more than 12 months after the end of the
524 additional disclosures to a consumer. 553 regulatory sandbox demonstration period.
525 288.9979 Requirements for exiting regulatory sandbox.— 554 288.9982 Recordkeeping and reporting requirements.—
526 (1) At least 30 days before the end of the 12-month 555 (1) A sandbox participant shall retain records, documents,
527 regulatory sandbox demonstration period, a sandbox participant 556 and data produced in the ordinary course of business regarding
528 shall: 557 an offering demonstrated in the regulatory sandbox.
529 (a) Notify the office that the sandbox participant shall 558 (2) If a sandbox participant ceases to provide an offering
530 exit the regulatory sandbox and discontinue the sandbox 559 before the end of a demonstration period, the sandbox
531 participant’s demonstration after the day on which the 12-month 560 participant shall notify the office and each applicable agency
532 demonstration period ends; or 561 and report on actions taken by the sandbox participant to ensure
533 (b) Seek an extension in accordance with s. 288.9981. 562 that consumers have not been harmed as a result of the offering.
534 (2) Subject to subsection (3), if the office does not 563 (3) The office shall establish quarterly reporting
535 receive notification as required by subsection (1), the 564 requirements for a sandbox participant, including reporting any
536 regulatory sandbox demonstration period ends at the end of the 565 consumer complaints filed.
537 12-month demonstration period. 566 (4) The office may request records, documents, and data
538 (3) If a demonstration includes an offering that requires 567 from a sandbox participant and, upon the office’s request, the
539 ongoing duties, the sandbox participant may continue to perform 568 sandbox participant shall make such records, documents, and data
540 those duties but shall be subject to enforcement by the laws or 569 available for inspection by the office.
541 regulations that were waived or suspended pursuant to the 570 (5)(a) The sandbox participant shall provide a written
542 regulatory sandbox. 571 report to the office and each applicable agency detailing any
543 288.9981 Extensions.— 572 incidents that resulted in harm to the health, safety, or
544 (1) No later than 30 days before the end of the 12-month 573 financial well-being of a consumer.
545 regulatory sandbox demonstration period, a sandbox participant 574 (b) If a sandbox participant fails to notify the office and
546 may request an extension of the regulatory sandbox demonstration 575 each applicable agency of any incidents as described in
547 period. 576 paragraph (a), or the office or an applicable agency has
548 (2) The office shall grant or deny a request for an 577 evidence that significant harm to a consumer has occurred, the
549 extension by the end of the 12-month regulatory sandbox 578 office may immediately remove the sandbox participant from the
550 demonstration period. 579 regulatory sandbox.
551 (3) The office may grant an extension in accordance with 580 (6)(a) No later than 30 days after the day on which a
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581 sandbox participant exits the regulatory sandbox, the sandbox 610 (2) On at least a quarterly basis, the office shall compile
582 participant shall submit a written report to the office and each 611 the results of suggestions from the web page and provide a
583 applicable agency describing an overview of the sandbox 612 written report to the Governor, the President of the Senate, and
584 participant’s demonstration, including any: 613 the Speaker of the House of Representatives that describes the
585 1. Incidents of harm to consumers. 614 most common suggestions.
586 2. Legal action filed against the participant as a result 615 (3) In creating the report described in subsection (2), the
587 of the participant’s demonstration. 616 office and the advisory committee:
588 3. Complaints filed with an applicable agency as a result 617 (a) Shall ensure that nonpublic information of residents
589 of the participant’s demonstration. 618 and businesses that make suggestions on the web page is not made
590 (b) No later than 30 days after the day on which an 619 public.
591 applicable agency receives the quarterly reporting described in 620 (b) May evaluate the suggestions and provide analysis and
592 subsection (3) or a written report from a sandbox participant as 621 suggestions regarding which laws and regulations could be
593 described in paragraph (5)(a), the applicable agency shall 622 modified or eliminated to reduce the regulatory burden on
594 provide a written report to the office on the demonstration that 623 residents and businesses while still protecting consumers.
595 describes any statutory or regulatory reform the applicable 624 Section 2. Paragraph (a) of subsection (3) of section
596 agency recommends as a result of the demonstration. 625 20.60, Florida Statutes, is amended to read:
597 (7) The office may remove a sandbox participant from the 626 20.60 Department of Economic Opportunity; creation; powers
598 regulatory sandbox at any time if the office determines that a 627 and duties.—
599 sandbox participant has engaged in, is engaging in, or is about 628 (3)(a) The following divisions and offices of the
600 to engage in any practice or transaction that violates this part 629 Department of Economic Opportunity are established:
601 or that constitutes a violation of a law or regulation for which 630 1. The Division of Strategic Business Development.
602 suspension or waiver has not been granted under the regulatory 631 2. The Division of Community Development.
603 sandbox. 632 3. The Division of Workforce Services.
604 288.9983 Regulatory relief web page.— 633 4. The Division of Finance and Administration.
605 (1) The office shall create and maintain on the 634 5. The Division of Information Technology.
606 department’s website a web page that invites residents and 635 6. The Office of the Secretary.
607 businesses to make suggestions regarding laws and regulations 636 7. The Office of Economic Accountability and Transparency,
608 that could be modified or eliminated to reduce the regulatory 637 which shall:
609 burden on residents and businesses. 638 a. Oversee the department’s critical objectives as
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639 determined by the secretary and make sure that the department’s
640 key objectives are clearly communicated to the public.
641 b. Organize department resources, expertise, data, and
642 research to focus on and solve the complex economic challenges
643 facing the state.
644 c. Provide leadership for the department’s priority issues
645 that require integration of policy, management, and critical
646 objectives from multiple programs and organizations internal and
647 external to the department; and organize and manage external
648 communication on such priority issues.
649 d. Promote and facilitate key department initiatives to
650 address priority economic issues and explore data and identify
651 opportunities for innovative approaches to address such economic
652 issues.
653 e. Promote strategic planning for the department.
654 8. The Office of Regulatory Relief.
655 Section 3. This act shall take effect July 1, 2023, only if
656 SB ___ or similar legislation is adopted in the same legislative
657 session or an extension of thereof and becomes a law.
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This form is part of the public record for this meeting. s-oo1 (o8/10/2021)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1392
INTRODUCER: Senator Martin
SUBJECT: Public Records and Meetings/Universal Regulatory Sandbox
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 1392 makes confidential and exempt from public disclosure information in a regulatory
sandbox application that the Office of Regulatory Relief reasonably believes could result in
economic harm to the applicant. However, the confidential and exempt information may be
released to appropriate state and federal agencies for the purpose of investigation.
The bill also exempts from open meeting requirements any portion of a meeting of the General
Regulatory Sandbox Program Advisory Committee at which information made confidential and
exempt is discussed. Additionally, the recordings, minutes, and records generated during an
exempt meeting or portion of such a meeting are exempt from the public disclosure
requirements.
Because this bill creates a new public records exemption and an open meeting exemption, it will
require a two-thirds vote of both the Senate and the House of Representatives in order to become
a law.
The bill provides that the exemptions are subject to the Open Government Sunshine Review Act
and are repealed on October 2, 2028, unless saved from repeal by the Legislature.
The bill takes effect on the same date that linked bill SB 1390, relating to the universal
regulatory sandbox, takes effect, if such legislation is adopted in the same legislative session or
an extension thereof and becomes law.
BILL: SB 1392 Page 2
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and adopted in the rules of each house of the legislature.3 Florida Rule of
Judicial Administration 2.420 governs public access to judicial branch records.4 Lastly, ch. 119,
F.S., known as the Public Records Act, provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
The Public Records Act provides that all state, county and municipal records are open for
personal inspection and copying by any person, and that providing access to public records is a
duty of each agency.5
Section 119.011(12), F.S., defines “public records” to include:
All documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of
the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connections with the transaction
of official business by any agency.
The Florida Supreme Court has interpreted this definition to encompass all materials made or
received by an agency in connection with official business that are used to “perpetuate,
communicate, or formalize knowledge of some type.”6
1
FLA. CONST. art. I, s. 24(a).
2
Id.
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2022-2024) and Rule 14.1, Rules of the Florida House of
Representatives, Edition 1, (2022-2024)
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “any state, county, district, authority, or municipal
officer, department, division, board, bureau, commission, or other separate unit of government created or established by law
including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of
Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf
of any public agency.”
6
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
BILL: SB 1392 Page 3
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.7 A violation of the Public Records Act may result in civil or
criminal liability.8
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.9 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.10
General exemptions from the public records requirements are contained in the Public Records
Act.11 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.12
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has
determined to be exempt from the Public Records Act and confidential.13 Records designated as
“confidential and exempt” are not subject to inspection by the public and may only be released
under the circumstances defined by statute.14 Records designated as “exempt” may be released at
the discretion of the records custodian under certain circumstances.15
Open Meetings Laws
The State Constitution provides that the public has a right to access governmental meetings. 16
Each collegial body must provide notice of its meetings to the public and permit the public to
attend any meeting at which official acts are taken or at which public business is transacted or
7
Section 119.07(1)(a), F.S.
8
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
9
FLA. CONST. art. I, s. 24(c).
10
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
11
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
12
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
13
WFTV, Inc. v. The Sch. Bd. of Seminole County, 874 So. 2d 48, 53 (Fla. 5th DCA 2004).
14
Id.
15
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991).
16
Art. I, s. 24(b), Fla. Const.
BILL: SB 1392 Page 4
discussed.17 This applies to the meetings of any collegial body of the executive branch of state
government, counties, municipalities, school districts, or special districts.18
Public policy regarding access to government meetings also is addressed in the Florida Statutes.
Section 286.011, F.S., known as the “Government in the Sunshine Law,”19 or the “Sunshine
Law,”20 requires all meetings of any board or commission of any state or local agency or
authority at which official acts are to be taken be open to the public.21 The board or commission
must provide the public reasonable notice of such meetings.22 Public meetings may not be held at
any location that discriminates on the basis of sex, age, race, creed, color, origin, or economic
status or which operates in a manner that unreasonably restricts the public’s access to the
facility.23 Minutes of a public meeting must be promptly recorded and open to public
inspection.24 Failure to abide by open meetings requirements will invalidate any resolution, rule,
or formal action adopted at a meeting.25 A public officer or member of a governmental entity
who violates the Sunshine Law is subject to civil and criminal penalties.26
The Legislature may create an exemption to open meetings requirements by passing a general
law by at least a two-thirds vote of each house of the Legislature.27 The exemption must
explicitly lay out the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.28 A statutory exemption which
does not meet these two criteria may be unconstitutional and may not be judicially saved.29
17
Art. I, s. 24(b), Fla. Const.
18
Id. Meetings of the Legislature are governed by Article III, section 4(e) of the Florida Constitution, which states: “The
rules of procedure of each house shall further provide that all prearranged gatherings, between more than two members of the
legislature, or between the governor, the president of the senate, or the speaker of the house of representatives, the purpose of
which is to agree upon formal legislative action that will be taken at a subsequent time, or at which formal legislative action
is taken, regarding pending legislation or amendments, shall be reasonably open to the public.”
19
Times Pub. Co. v. Williams, 222 So. 2d 470, 472 (Fla. 2d DCA 1969).
20
Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693, 695 (Fla. 1969).
21
Section 286.011(1)-(2), F.S.
22
Id.
23
Section 286.011(6), F.S.
24
Section 286.011(2), F.S.
25
Section 286.011(1), F.S.
26
Section 286.011(3), F.S.
27
Art. I, s. 24(c), Fla. Const.
28
Id.
29
Halifax Hosp. Medical Center v. New-Journal Corp., 724 So. 2d 567 (Fla. 1999). In Halifax Hospital, the Florida Supreme
Court found that a public meetings exemption was unconstitutional because the statement of public necessity did not define
important terms and did not justify the breadth of the exemption. Id. at 570. The Florida Supreme Court also declined to
narrow the exemption in order to save it. Id. In Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d
189 (Fla. 1st DCA 2004), the court found that the intent of a public records statute was to create a public records exemption.
The Baker County Press court found that since the law did not contain a public necessity statement, it was unconstitutional.
Id. at 196.
BILL: SB 1392 Page 5
Open Government Sunset Review Act
The provisions of s. 119.15, F.S., known as the Open Government Sunset Review Act30 (the
Act), prescribe a legislative review process for newly created or substantially amended 31 public
records or open meetings exemptions, with specified exceptions.32 The Act requires the repeal of
such exemption on October 2nd of the fifth year after creation or substantial amendment, unless
the Legislature reenacts the exemption.33
The Act provides that a public records or open meetings exemption may be created or
maintained only if it serves an identifiable public purpose and is no broader than is necessary.34
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;35
It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;36 or
It protects information of a confidential nature concerning entities, such as trade or business
secrets.37
The Act also requires specified questions to be considered during the review process.38 In
examining an exemption, the Act directs the Legislature to question the purpose and necessity of
reenacting the exemption.
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.39 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
30
Section 119.15, F.S.
31
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
32
Section 119.15(2)(a) and (b), F.S., provides that exemptions required by federal law or applicable solely to the Legislature
or the State Court System are not subject to the Open Government Sunset Review Act.
33
Section 119.15(3), F.S.
34
Section 119.15(6)(b), F.S.
35
Section 119.15(6)(b)1., F.S.
36
Section 119.15(6)(b)2., F.S.
37
Section 119.15(6)(b)3., F.S.
38
Section 119.15(6)(a), F.S. The specified questions are:
What specific records or meetings are affected by the exemption?
Whom does the exemption uniquely affect, as opposed to the general public?
What is the identifiable public purpose or goal of the exemption?
Can the information contained in the records or discussed in the meeting be readily obtained by alternative means?
If so, how?
Is the record or meeting protected by another exemption?
Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
39
See generally s. 119.15, F.S.
BILL: SB 1392 Page 6
for passage are not required. If the Legislature allows an exemption to expire, the previously
exempt records will remain exempt unless otherwise provided by law.40
Universal Regulatory Sandbox
SB 1390 creates the universal regulatory sandbox, which allows businesses, under the
observation of regulators, to demonstrate innovative products, services, and business models
while temporarily receiving a waiver or suspension of inapplicable laws or regulations.
In SB 1390, the Office of Regulatory Relief (office) is created within the Department of
Economic Opportunity to administer the universal regulatory sandbox and to act as a liaison
between private businesses and applicable agencies to identify laws or regulations that could be
waived or suspended under the regulatory sandbox. The bill also creates the General Regulatory
Sandbox Program Advisory Committee to advise and make recommendations to the office.
III. Effect of Proposed Changes:
The bill creates s. 288.9984, F.S., to establish exemptions from public records and open meeting
requirements relating to information received in universal regulatory sandbox applications.
The bill makes confidential and exempt from public disclosure information in a regulatory
sandbox application that the Office of Regulatory Relief (office) reasonably believes could result
in economic harm to the applicant. However, the confidential and exempt information may be
released to appropriate state and federal agencies for the purpose of investigation.
The bill also exempts from open meeting requirements any portion of a meeting of the General
Regulatory Sandbox Program Advisory Committee at which information made confidential and
exempt is discussed. Additionally, the recordings, minutes, and records generated during an
exempt meeting or portion of such a meeting are exempt from the public disclosure
requirements.
Because this bill creates new public records exemption and an open meeting exemption, it will
require a two-thirds vote of both the Senate and the House of Representatives in order to become
a law.
This provision will be subject to an Open Government Sunset Review in accordance with s.
119.15, F.S., and will stand repealed on October 2, 2028, unless reviewed and saved from repeal
through reenactment by the Legislature.
The bill will become effective on the same date that SB 1390 (2023) or similar legislation takes
effect, if such legislation is adopted in the same legislative session or an extension thereof and
becomes law.
40
Section 119.15(7), F.S.
BILL: SB 1392 Page 7
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill creates a new record exemption; thus, the bill
requires a two-thirds vote to be enacted.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the public necessity
justifying the exemption. The bill creates a new public records exemption. Thus, the bill
includes a public necessity statement.
Breadth of Exemption
Article I, s. 24(c) of the State Constitution requires an exemption to the public records
requirements to be no broader than necessary to accomplish the stated purpose of the law.
The bill creates a public record exemption for information relating communications
services locations, project proposals, and challenges submitted to the department under
the Broadband Opportunity Program. The exemption does not appear to be broader than
necessary to accomplish the purpose of the law.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None Identified.
BILL: SB 1392 Page 8
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The private sector may be subject to the costs associated with making redactions in
response to a public records request.
C. Government Sector Impact:
The DEO may incur costs related to the redaction of records in responding to public
records requests.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The standard by which public records are to be exempt are those that the office reasonably
believes could result in economic harm to the applicant. However, “economic harm” is not
defined, which could lead to inconsistency in interpretation.
VIII. Statutes Affected:
This bill creates section 288.9984 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 - 2023 SB 1392 Florida Senate - 2023 SB 1392
By Senator Martin
33-02177-23 20231392__ 33-02177-23 20231392__
1 A bill to be entitled 30 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2 An act relating to public records and meetings; 31 Such information includes, but is not limited to:
3 creating s. 288.9984, F.S.; providing an exemption 32 (a) The statements in s. 288.9975(4)(e).
4 from public records requirements for information in 33 (b) The information necessary to comply with the reporting
5 universal regulatory sandbox applications determined 34 requirements of s. 288.9975(8).
6 by the Office of Regulatory Relief to be economically 35 (c) The information necessary to comply with the reporting
7 harmful to the applicant if released; providing an 36 requirements of s. 288.9982(6).
8 exemption from public meetings requirements for all or 37
9 portions of meetings of the General Regulatory Sandbox 38 However, the confidential and exempt information may be released
10 Program Advisory Committee; providing an exemption 39 to appropriate state and federal agencies for the purpose of
11 from public records requirements for recordings, 40 investigation. This subsection does not prevent the office from
12 minutes, and records generated during the closed 41 disclosing a summary of the offering.
13 portions of such meetings; providing for future 42 (3)(a) A meeting or a portion of a meeting of the General
14 legislative review and repeal of the exemptions; 43 Regulatory Sandbox Program Advisory Committee at which
15 providing a statement of public necessity; providing a 44 information made confidential and exempt under subsection (2) is
16 contingent effective date. 45 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
17 46 State Constitution.
18 Be It Enacted by the Legislature of the State of Florida: 47 (b) Recordings, minutes, and records generated during an
19 48 exempt meeting or portion of such a meeting are exempt from s.
20 Section 1. Section 288.9984, Florida Statutes, is created 49 119.07(1) and s. 24(a), Art. I of the State Constitution.
21 in part XVI of chapter 288, Florida Statutes, as created by SB 50 (4) This section is subject to the Open Government Sunset
22 ___ or similar legislation, to read: 51 Review Act in accordance with s. 119.15 and shall stand repealed
23 288.9984 Public records and public meetings exemptions.— 52 on October 2, 2028, unless reviewed and saved from repeal
24 (1) Chapter 119 and s. 286.011 apply to all records and 53 through reenactment by the Legislature.
25 meetings created or conducted under this part unless otherwise 54 Section 2. (1) The Legislature finds that it is a public
26 provided in this section. 55 necessity that certain information provided to and held by the
27 (2) Information in a regulatory sandbox application under 56 Office of Regulatory Relief to evaluate a universal regulatory
28 this part that the office reasonably believes could result in 57 sandbox application be made confidential and exempt from s.
29 economic harm to the applicant is confidential and exempt from 58 119.07(1), Florida Statutes, and s. 24(a), Article I of the
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2023 SB 1392 Florida Senate - 2023 SB 1392
33-02177-23 20231392__ 33-02177-23 20231392__
59 State Constitution. The disclosure of such information could 88 regulatory sandbox application be made confidential and exempt
60 adversely affect the business interests of the universal 89 from public records requirements.
61 regulatory sandbox applicant and could injure the applicant in 90 Section 3. This act shall take effect on the same date that
62 the marketplace if the information were to be made available to 91 SB ____ or similar legislation takes effect, if such legislation
63 competitors. Divulgence of this information would destroy its 92 is adopted in the same legislative session or an extension
64 value to the business entity, potentially causing a financial 93 thereof and becomes a law.
65 loss. Without this protection, innovators might elect to
66 establish their business in another state with a more secure
67 business environment. Therefore, it is necessary that sensitive
68 business information provided to and held by the Office of
69 Regulatory Relief to evaluate a universal regulatory sandbox
70 application be made confidential and exempt from public records
71 requirements.
72 (2) The Legislature also finds that it is a public
73 necessity that the recordings, minutes, and records generated
74 during a meeting or portion of a meeting that is exempt pursuant
75 to s. 288.9984(3)(b), Florida Statutes, be made exempt from s.
76 119.07(1), Florida Statutes, and s. 24(a), Article I of the
77 State Constitution. The disclosure of such information could
78 adversely affect the business interests of the universal
79 regulatory sandbox applicant and could injure the applicant in
80 the marketplace if the information were to be made available to
81 competitors. Divulgence of this information would destroy its
82 value to the business entity, potentially causing a financial
83 loss. Without this protection of application information,
84 innovators might elect to establish their business in another
85 state with a more secure business environment. Therefore, it is
86 necessary that sensitive business information provided to and
87 held by the Office of Regulatory Relief to evaluate a universal
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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 1482
INTRODUCER: Senator Simon
SUBJECT: Rural Development
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. ATD
3. FP
I. Summary:
SB 1482 modifies economic initiatives relating to rural development including certain
agreements funded with federal or state assistance, the Regional Rural Development Grants
Program, the Rural Community Development Revolving Loan Fund, and the Rural Infrastructure
Fund.
The bill prohibits an agency agreement that provides state or federal financial assistance to local
government entities within a rural area of opportunity (RAO) from requiring the local
government entity to expend funds in order to be reimbursed.
The bill amends the Regional Rural Development Grants Program to:
Eliminate the rural matching requirement;
Eliminate the requirement that grant funds received by a regional economic development
organization must be matched each year by nonstate resources in an amount equal to 25
percent of the state contributions; and
Remove the requirement that an applicant must show proof that each local government and
the private sector made a financial or in-kind commitment to the regional organization in
order to receive funding.
The bill amends the Rural Community Development Revolving Loan Fund to remove the
requirement that funds be matched by the local government, or an economic development
organization substantially underwritten by a local government, as long as the funds are retained
for the purpose of funding regionally based economic development organizations representing
the RAO.
BILL: SB 1482 Page 2
The bill amends the Rural Infrastructure Fund to:
Increase the maximum grant award from 50 percent to 75 percent of the total infrastructure
cost, or up to 100 percent of the total infrastructure project cost for a project that is located in
a rural community or a RAO and that is also located in a fiscally constrained county;
Remove the requirement that projects must be linked to specific job-creation or job-retention
opportunities;
Increase the maximum grant for infrastructure feasibility studies, design and engineering
activities, or other infrastructure planning and preparation activities to $300,000 for all
projects and removes the limitation that the grant not exceed 30 percent of the total project
cost; and
Remove the local matching fund requirement for surveys, feasibility studies, and other
activities related to the identification and preclearance review of land which is suitable for
preclearance review, and removes the requirement that a grant for an employment project
create or retain a minimum number of jobs.
The bill takes effect July 1, 2023.
II. Present Situation:
Agreements Funded with Federal or State Assistance
Current law requires an agency agreement that provides state financial assistance to a recipient or
subrecipient,1 or that provides federal financial assistance to a subrecipient,2 to include the
following:
A provision specifying scope of work that clearly establishes the tasks the recipient or
subrecipient is required to perform;
A provision dividing the agreement into quantifiable units of deliverables that must be
received and accepted in writing by the agency before payment. Each deliverable must be
directly related to the scope of work and must specify the required minimum level of service
to be performed and the criteria for evaluating the successful completion of each deliverable;
A provision specifying the financial consequences that apply if the recipient or subrecipient
fails to perform the minimum level of service required in the agreement. The provision can
be excluded in specified situations;
A provision specifying that a recipient or subrecipient of federal or state financial assistance
may expend funds only for allowable costs resulting from obligations incurred during the
specified agreement period;
A provision specifying that any balance of unobligated funds which has been advanced or
paid must be refunded to the state agency;
A provision specifying that any funds paid in excess of the amount to which the recipient or
subrecipient is entitled must be refunded to the state agency; and
Any additional information required pursuant to the Florida Single Audit Act.3
1
Section 215.97, F.S., defines a “subrecipient” as a nonstate entity that receives state financial assistance through another
nonstate entity.
2
As defined by applicable United States Office of Management and Budget circulars.
3
Section 215.971(1)(a)-(g), F.S.
BILL: SB 1482 Page 3
Rural Area of Opportunity
A rural area of opportunity (RAO) is a rural community,4 or region comprised of rural
communities, designated by the Governor, that has been adversely affected by an extraordinary
economic event, severe or chronic distress, or a natural disaster.5 An area may also be designated
as an RAO if it presents a unique economic development opportunity of regional impact. The
designation of an RAO must be agreed upon by the Department of Economic Opportunity
(DEO), as well as the county and municipal governments to be included in the RAO.6
Based on recommendations of the Rural Economic Development Initiative (REDI),7 the
Governor may designate up to three RAOs by executive order.8 This designation establishes
these areas as priority assignments for REDI and allows the Governor, acting through REDI, to
waive criteria, requirements, or similar provisions of any economic development initiative.
Currently, there are three designated RAO areas:
Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla,
and Washington counties, and portions of Walton County (the City of Freeport and lands
north of the Choctawhatchee Bay and intercoastal waterway).
South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee
counties, and the cities of Pahokee, Belle Glade, and South Bay in Palm Beach County
and the city of Immokalee in Collier County.
North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson,
Lafayette, Levy, Madison, Putnam, Suwannee, Taylor, and Union counties.9
Regional Rural Development Grants Program
The Regional Rural Development Grants Program was established to provide funding, through
matching grants, to build the professional capacity of regionally based economic development
organizations located in rural communities. The concept of building the “professional capacity”
of an economic development organization includes hiring professional staff to develop, deliver,
and provide economic development professional services. Professional services includes
technical assistance, education and leadership development, marketing, and project
recruitment.10
4
Section 288.0656(2)(e), F.S., defines a “rural community” as is any county with a population of 75,000 or fewer, any county
with a population of 125,000 or fewer that is contiguous to a county with a population of 75,000 or fewer, a municipality in a
county that meets either of the aforementioned criteria, or an unincorporated federal enterprise community or an incorporated
rural city with a population of 25,000 or fewer and an employment base focused on traditional agricultural or resource-based
industries, located in a county not defined as rural, which has at least three or more of the economic distress factors.
5
Section 288.0656(2)(d), F.S.
6
Section 288.0656(7)(b), F.S.
7
Section 288.0656(1)(a), F.S. REDI was established by the Legislature to encourage and facilitate the location and expansion
of major economic development projects of significant scale in rural communities.
8
Section 288.0656(7)(a), F.S.
9
Department of Economic Opportunity, Rural Areas of Opportunity, available at https://floridajobs.org/community-
planning-and-development/rural-community-programs/rural-areas-of-opportunity (last visited March 17, 2023). The
economic development organizations for these RAOs are named Opportunity Florida, Florida’s Heartland Regional
Economic Development Initiative, and the North Florida Economic Development Partnership, respectively.
10
Section 288.018(1)(b), F.S.
BILL: SB 1482 Page 4
Applications submitted to the DEO for funding through this program must provide proof:11
Of official commitments of support from each of the units of local government represented
by the regional organization;
That each local government has made a financial or in-kind commitments to the regional
organization;
That the private sector has made financial or in-kind commitment to the regional
organization;
That the regional organization is in existence and actively involved in economic development
activities serving the region; and
Of the manner in which the organization coordinates its efforts with those other local and
state organizations.
An organization may receive up to $50,000 a year or $250,000 if located in an RAO.12 Grants
must be matched by an amount of non-state resources equal to 25 percent of the state
contribution. The DEO is authorized to spend up to $750,000 each fiscal year from funds
appropriated to the Rural Community Development Revolving Loan Fund to carry out this
program.13
Rural Community Development Revolving Loan Fund
The Rural Community Development Revolving Loan Fund Program was created to facilitate the
use of existing federal, state, and local financial resources by providing local governments with
financial assistance to further promote the economic viability of rural communities.14
The program provides term loans to local governments, or economic development organizations
substantially underwritten by a unit of local government, within counties with populations of
75,000 or fewer or a contiguous county of 125,000 or fewer.15
Loan repayments are generally returned to the loan fund to be made available to other applicants,
but repayments made by an applicant in an RAO may be retained by the applicant if the
repayments are dedicated and matched to fund regionally based economic development
organizations representing the RAO and if retention of funds is approved by the DEO.16
Rural Infrastructure Fund
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and
financing of infrastructure projects in rural communities.17 The program provides access to
federal and state infrastructure funding programs, including, but not limited to, those offered by
11
Section 288.018(2), F.S.
12
Section 288.018(1)(c), F.S.
13
Section 288.018(4), F.S.
14
Section 288.065(1), F.S.
15
Section 288.065(2)(a), F.S.
16
Section 288.065(2)(c), F.S.
17
See s. 288.0655, F.S.
BILL: SB 1482 Page 5
the United States Departments of Agriculture and Commerce.18 The program funds total
infrastructure project grants, infrastructure feasibility grants, and preclearance review grants.
The DEO may award grants for up to 50 percent of the total infrastructure project cost.19 Projects
must be related to specific job-creation or job-retention opportunities. Additionally, projects may
include improving any inadequate infrastructure that has resulted in regulatory action that
prohibits economic or community growth or reducing the costs to community users of proposed
infrastructure improvements that exceed such costs in comparable communities, and improving
the access availability of broadband Internet service.
Eligible uses of funds include improvements to public infrastructure for industrial or commercial
sites, upgrades to or development of public tourism infrastructure, and improvements to
broadband Internet service and access in unserved or underserved rural communities.20
Infrastructure can include public or public-private partnership facilities, like storm water
systems, telecommunication, broadband, roads, and nature-based tourism.21
The infrastructure feasibility grant provides awards of up to 30 percent of the total project costs
for infrastructure feasibility studies, design and engineering activities, or other infrastructure
planning and preparation activities.22 Maximum awards are dependent on the number of jobs that
a business commits to create and may be up to $300,000 if the project is located in a RAO. The
total project participation grant may be used in conjunction with the infrastructure feasibility
grant.
The preclearance review grant provides awards to help a local government participate in
expedited permitting processes through technical assistance in preparing permit applications and
local comprehensive plan amendments.23 Grants may be used for surveys, feasibility studies, and
other activities related to the identification and preclearance review of land use modifications.
Grants are limited to $75,000 and must be matched 50 percent with local funds. However,
projects in a RAO may receive up to $300,000 and must be matched 33 percent with local
funds.24
Grant applications are reviewed and certified by the DEO in consultation with Enterprise Florida,
Inc., VISIT Florida, the Department of Environmental Protection, and the Florida Fish and
Wildlife Conservation Commission.25 Reviews include an evaluation of the economic benefit of
the projects and their long-term viability.
18
Section 288.0655(2)(b), F.S.
19
Id.
20
Id.
21
Broadband Internet service must be provided in partnership with one or more dealers of communications services. Section
288.0655(2)(b), F.S.
22
Section 288.0655(2)(c), F.S.
23
Section 288.0655(2)(e), F.S. Expedited permitting is pursuant to s. 403.9739(18), F.S.
24
Section 288.0655(2)(e), F.S.
25
Section 288.0655(3), F.S.
BILL: SB 1482 Page 6
A total of $30 million in funding was made through the Rural Infrastructure Fund for Fiscal Year
2022-2023. Twenty-five million was available for eligible rural communities statewide and an
additional $5 million was available specifically for Florida Panhandle counties.26
III. Effect of Proposed Changes:
Agreements Funded with Federal or State Assistance
Section 1 amends s. 215.971, F.S., to prohibit an agency agreement that provides state or federal
financial assistance to local government entities within an RAO from requiring the local
government entity to expend funds in order to be reimbursed. For these local government
entities, an agency is authorized to advance funding based on an analysis of estimated costs, to
pay service providers and vendors directly, or to undertake other options to meet the
requirements of the agreement.
Regional Rural Development Grants Program
Section 2 amends s. 288.018, F.S., to specify that funding provided under the program are not
matching grants. The bill eliminates the requirement that grant funds received by a regional
economic development organization must be matched each year by nonstate resources in an
amount equal to 25 percent of the state contributions. The bill also removes the requirement that
an applicant must show proof that each local government and the private sector made a financial
or in-kind commitment to the regional organization in order to receive funding.
Rural Community Development Revolving Loan Fund
Section 3 amends s. 288.065, F.S., to remove the requirement that funds be matched by the local
government, or an economic development organization substantially underwritten by a local
government, as long as the funds are retained for the purpose of funding regionally based
economic development organizations representing the RAO.
Rural Infrastructure Fund
Section 4 amends s. 288.0655, F.S., to increase the maximum grant award from 50 percent to 75
percent of the total infrastructure cost, or up to 100 percent of the total infrastructure project cost
for a project that is located in a rural community or a RAO and that is also located in a fiscally
constrained county.27 The bill removes the requirement that projects must be linked to specific
job-creation or job-retention opportunities.
The bill increases the maximum grant for infrastructure feasibility studies, design and
engineering activities, or other infrastructure planning and preparation activities to $300,000 for
26
Department of Economic Opportunity, Rural Infrastructure Fund, available at https://floridajobs.org/community-planning-
and-development/rural-community-programs/rural-infrastructure-fund (last visited March 17, 2023).
27
A fiscally constrained country is any county that is entirely within a rural area of opportunity as designated by the
Governor pursuant to s. 288.0656, F.S., or each county for which the value of a mill will raise no more than $5 million in
revenue, based on the taxable value certified pursuant to s. 1011.62(4)(a)1.a., F.S., from the previous July 1. Section
218.67(1), F.S.
BILL: SB 1482 Page 7
all projects. It removes the limitation that the grant not exceed 30 percent of the total project
cost.
The bill removes the local matching fund requirement for surveys, feasibility studies, and other
activities related to the identification and preclearance review of land which is suitable for
preclearance review. It also removes the requirement that a grant for an employment project
create or retain a minimum number of jobs.
The bill takes effect July 1, 2023.
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:
The bill does not affect state revenues or expenditures. However, the removal of match
requirements and the increase in allowable grant awards under the Rural Infrastructure
Fund may limit the total number of grants awarded if funding of these programs remains
unchanged.
BILL: SB 1482 Page 8
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 215.971, 288.018, 288.065, and 288.0655 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 - 2023 SB 1482 Florida Senate - 2023 SB 1482
By Senator Simon
3-01320A-23 20231482__ 3-01320A-23 20231482__
1 A bill to be entitled 30 matched with a specified amount of local funds;
2 An act relating to rural development; amending s. 31 revising the evaluation process of applications;
3 215.971, F.S.; prohibiting certain agency agreements 32 providing an effective date.
4 from requiring the expenditure of funds before 33
5 reimbursement; authorizing agencies to undertake 34 Be It Enacted by the Legislature of the State of Florida:
6 certain actions; providing construction; amending s. 35
7 288.018, F.S.; specifying that funding provided under 36 Section 1. Present subsections (2) and (3) of section
8 the Regional Rural Development Grants Program are not 37 215.971, Florida Statutes, are redesignated as subsections (3)
9 matching grants; revising the required criteria the 38 and (4), respectively, and a new subsection (2) is added to that
10 Department of Economic Opportunity must consider to 39 section, to read:
11 approve a participant in the program; amending s. 40 215.971 Agreements funded with federal or state
12 288.065, F.S.; revising the conditions under which an 41 assistance.—
13 applicant to the Rural Community Development Revolving 42 (2)(a) Notwithstanding any other law to the contrary, an
14 Loan Fund may retain repayments of principal and 43 agency agreement that provides state or federal financial
15 interest; amending s. 288.0655, F.S.; revising the 44 assistance to a county or municipal entity within a rural area
16 purpose of the Rural Infrastructure Fund; revising the 45 of opportunity, as defined in s. 288.0656(2), may not require
17 percentages of total infrastructure project cost that 46 the county or municipal entity to expend funds in order to be
18 the Department of Economic Opportunity may award 47 reimbursed. For such counties or municipal entities, an agency
19 through the fund; deleting a provision requiring 48 may advance funding based on an analysis of estimated costs, pay
20 eligible projects to be related to specified 49 service providers and vendors directly, or undertake other
21 opportunities; providing authorized uses of eligible 50 options to meet the requirements of this section.
22 funds; authorizing the department to award grants up 51 (b) This subsection may not be construed to alter or limit
23 to a specified amount for specified planning and 52 any other provision of this section.
24 preparation activities; deleting a provision requiring 53 Section 2. Subsections (1) and (2) of section 288.018,
25 authorized grants to be up to a specified amount for 54 Florida Statutes, are amended to read:
26 certain projects, under specified conditions; deleting 55 288.018 Regional Rural Development Grants Program.—
27 a restriction on dual grant awards being used which 56 (1)(a) For the purposes of this section, the term “regional
28 would exceed a specified percentage threshold; 57 economic development organization” means an economic development
29 deleting a provision that requires awarded funds be 58 organization located in or contracted to serve a rural area of
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59 opportunity, as defined in s. 288.0656(2)(d). 88 (a) Documentation of official commitments of support from
60 (b) The department shall establish a matching grant program 89 each of the units of local government represented by the
61 to provide funding to regional economic development 90 regional organization.
62 organizations for the purpose of building the professional 91 (b) Demonstration that each unit of local government has
63 capacity of those organizations. Building the professional 92 made a financial or in-kind commitment to the regional
64 capacity of a regional economic development organization 93 organization.
65 includes hiring professional staff to develop, deliver, and 94 (c) Demonstration that the private sector has made
66 provide needed economic development professional services, 95 financial or in-kind commitments to the regional organization.
67 including technical assistance, education and leadership 96 (d) Demonstration that the organization is in existence and
68 development, marketing, and project recruitment. Matching Grants 97 actively involved in economic development activities serving the
69 may also be used by a regional economic development organization 98 region.
70 to provide technical assistance to local governments, local 99 (c)(e) Demonstration of the manner in which the
71 economic development organizations, and existing and prospective 100 organization is or will coordinate its efforts with those of
72 businesses. 101 other local and state organizations.
73 (c) A regional economic development organization may apply 102 Section 3. Paragraph (c) of subsection (2) of section
74 annually to the department for a matching grant. The department 103 288.065, Florida Statutes, is amended to read:
75 is authorized to approve, on an annual basis, grants to such 104 288.065 Rural Community Development Revolving Loan Fund.—
76 regional economic development organizations. The maximum amount 105 (2)
77 an organization may receive in any year will be $50,000, or 106 (c) All repayments of principal and interest shall be
78 $250,000 for any three regional economic development 107 returned to the loan fund and made available for loans to other
79 organizations that serve an entire region of a rural area of 108 applicants. However, in a rural area of opportunity designated
80 opportunity designated pursuant to s. 288.0656(7) if they are 109 by the Governor, and upon approval by the department, repayments
81 recognized by the department as serving such a region. 110 of principal and interest may be retained by the applicant if
82 (d) Grant funds received by a regional economic development 111 such repayments are dedicated and matched to fund regionally
83 organization must be matched each year by nonstate resources in 112 based economic development organizations representing the rural
84 an amount equal to 25 percent of the state contribution. 113 area of opportunity.
85 (2) In approving the participants, the department shall 114 Section 4. Subsection (1), paragraphs (b), (c), and (e) of
86 consider the demonstrated need of the applicant for assistance 115 subsection (2), and subsection (3) of section 288.0655, Florida
87 and require the following: 116 Statutes, are amended to read:
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Florida Senate - 2023 SB 1482 Florida Senate - 2023 SB 1482
3-01320A-23 20231482__ 3-01320A-23 20231482__
117 288.0655 Rural Infrastructure Fund.— 146 access to and the availability of broadband Internet service.
118 (1) There is created within the department the Rural 147 Eligible uses of funds shall include improvements to public
119 Infrastructure Fund to facilitate the planning, preparing, and 148 infrastructure for industrial or commercial sites, upgrades to
120 financing of infrastructure projects in rural communities which 149 or development of public tourism infrastructure, and
121 will encourage job creation, capital investment, and the 150 improvements to broadband Internet service and access in
122 strengthening and diversification of rural economies by 151 unserved or underserved rural communities. Improvements to
123 promoting tourism, trade, and economic development. 152 broadband Internet service and access must be conducted through
124 (2) 153 a partnership or partnerships with one or more dealers, as
125 (b) To facilitate access of rural communities and rural 154 defined in s. 202.11(2), and the partnership or partnerships
126 areas of opportunity as defined by the Rural Economic 155 must be established through a competitive selection process that
127 Development Initiative to infrastructure funding programs of the 156 is publicly noticed. Authorized infrastructure may include the
128 Federal Government, such as those offered by the United States 157 following public or public-private partnership facilities: storm
129 Department of Agriculture and the United States Department of 158 water systems; telecommunications facilities; broadband
130 Commerce, and state programs, including those offered by Rural 159 facilities; roads or other remedies to transportation
131 Economic Development Initiative agencies, and to facilitate 160 impediments; nature-based tourism facilities; or other physical
132 local government or private infrastructure funding efforts, the 161 requirements necessary to facilitate tourism, trade, and
133 department may award grants for up to 75 50 percent of the total 162 economic development activities in the community. Authorized
134 infrastructure project cost, or up to 100 percent of the total 163 infrastructure may also include publicly or privately owned
135 infrastructure project cost for a project located in a rural 164 self-powered nature-based tourism facilities, publicly owned
136 community as defined in s. 288.0656(2)(e) or a rural area of 165 telecommunications facilities, and broadband facilities, and
137 opportunity as defined in s. 288.0656(2)(d), either of which is 166 additions to the distribution facilities of the existing natural
138 also located in a fiscally constrained county as defined in s. 167 gas utility as defined in s. 366.04(3)(c), the existing electric
139 218.67(1). Eligible projects must be related to specific job- 168 utility as defined in s. 366.02, or the existing water or
140 creation or job-retention opportunities. Eligible uses of funds 169 wastewater utility as defined in s. 367.021(12), or any other
141 projects may also include improving any inadequate 170 existing water or wastewater facility, which owns a gas or
142 infrastructure that has resulted in regulatory action that 171 electric distribution system or a water or wastewater system in
143 prohibits economic or community growth, reducing the costs to 172 this state where:
144 community users of proposed infrastructure improvements that 173 1. A contribution-in-aid of construction is required to
145 exceed such costs in comparable communities, and improving 174 serve public or public-private partnership facilities under the
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175 tariffs of any natural gas, electric, water, or wastewater 204 at a level of 50 percent with local funds, except that any funds
176 utility as defined herein; and 205 awarded for a project in a rural area of opportunity must be
177 2. Such utilities as defined herein are willing and able to 206 matched at a level of 33 percent with local funds. If an
178 provide such service. 207 application for funding is for a catalyst site, as defined in s.
179 (c) To facilitate timely response and induce the location 208 288.0656, the requirement for local match may be waived pursuant
180 or expansion of specific job creating opportunities, The 209 to the process in s. 288.06561. In evaluating applications under
181 department may award grants of up to $300,000 for infrastructure 210 this paragraph, the department shall consider the extent to
182 feasibility studies, design and engineering activities, or other 211 which the application seeks to minimize administrative and
183 infrastructure planning and preparation activities. Authorized 212 consultant expenses.
184 grants shall be up to $50,000 for an employment project with a 213 (3) The department, in consultation with Enterprise
185 business committed to create at least 100 jobs; up to $150,000 214 Florida, Inc., the Florida Tourism Industry Marketing
186 for an employment project with a business committed to create at 215 Corporation, the Department of Environmental Protection, and the
187 least 300 jobs; and up to $300,000 for a project in a rural area 216 Florida Fish and Wildlife Conservation Commission, as
188 of opportunity. Grants awarded under this paragraph may be used 217 appropriate, shall review and certify applications pursuant to
189 in conjunction with grants awarded under paragraph (b), provided 218 s. 288.061. The review shall include an evaluation of the
190 that the total amount of both grants does not exceed 30 percent 219 economic benefit of the projects and their long-term viability.
191 of the total project cost. In evaluating applications under this 220 The department shall have final approval for any grant under
192 paragraph, the department shall consider the extent to which the 221 this section.
193 application seeks to minimize administrative and consultant 222 Section 5. This act shall take effect July 1, 2023.
194 expenses.
195 (e) To enable local governments to access the resources
196 available pursuant to s. 403.973(18), the department may award
197 grants for surveys, feasibility studies, and other activities
198 related to the identification and preclearance review of land
199 which is suitable for preclearance review. Authorized grants
200 under this paragraph do not require a local match and may not
201 exceed $75,000 each, except in the case of a project in a rural
202 area of opportunity, in which case the grant may not exceed
203 $300,000. Any funds awarded under this paragraph must be matched
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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 196
INTRODUCER: Commerce and Tourism Committee and Senator Jones and others
SUBJECT: Guidance Services on Academic and Career Planning
DATE: March 21, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Favorable
2. Baird McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 196 adds requirements to notify parents and students of career and academic planning
options and work-based learning opportunities and pathways. The bill:
Requires a middle grade student’s personalized academic and career plan to be developed in
consultation with a certified school counselor, and include information on the career and
technical education graduation pathway option and work-based learning opportunities.
Expands the required annual school district parental notification on high school acceleration
options to include information on career and academic planning options as well as
foundational and soft-skill credentialing programs.
The bill takes effect July 1, 2023.
II. Present Situation:
Middle Grades Career Planning
Students are required to complete a career and education planning course during grades 6, 7, or
8.1 The required course may be implemented as a stand-alone course or integrated into another
course or courses and must:2
Be internet-based.
1
Section 1003.4156(1)(e), F.S.
2
Id.
BILL: CS/SB 196 Page 2
Emphasize the importance of entrepreneurship and employability skills.
Include information from the Department of Economic Opportunity’s economic security
report and other state career planning resources.
Result in a personalized academic and career plan for the student that may be revised as the
student progresses. The plan is required to inform students of:
o High school graduation requirements.
o Requirements for each scholarship in the Florida Bright Futures Scholarship Program.
o State college and university admission requirements.
o Available opportunities to earn college credit in high school.3
The Department of Education (DOE) outlines the eight course standards of the career and
education planning course which requires a student to:4
Describe the influences that societal, economic, and technological changes have on
employment trends and future training.
Develop skills to locate, evaluate, and interpret career information.
Identify and demonstrate processes for making short- and long-term goals.
Demonstrate employability skills such as working in a group, problem-solving and
organizational skills, and the importance of entrepreneurship.
Understand the relationship between educational achievement and career
choices/postsecondary options.
Identify a career cluster and related pathways through an interest assessment that match
career and education goals.
Develop a career and education plan that includes short and long-term goals, high school
program of study, and postsecondary and career goals.
Demonstrate knowledge of technology and its application in career fields/clusters.
For the 2022-2023 school year, the DOE identified 80 approved middle grades courses for career
and education planning.5 In addition, the DOE publishes a Career Cruiser document, providing
resources such as classroom activities, guided worksheets, and additional resources to assist
teachers in career and education course planning.6
3
Section 1003.4156(1)(e), F.S. To include Advanced Placement courses, the International Baccalaureate Program, the
Advanced International Certificate of Education Program, dual enrollment, including career dual enrollment and career
education courses, including career-themed courses, preapprenticeship and apprenticeship programs, and course sequences
that lead to industry certifications.
4
Florida Department of Education, Career & Education Planning Course Standards, available at
http://www.fldoe.org/core/fileparse.php/3/urlt/ceplanningcoursecompetencies.pdf (last visited March 17, 2023).
5
Florida Department of Education, Approved Middle School Courses for Career & Education Planning 2021-2022 School
Year (Aug. 9, 2022), available at https://www.fldoe.org/core/fileparse.php/7746/urlt/MGCEPC2223.pdf (last visited March
17, 2023).
6
Florida Department of Education, Career Exploration Resources: Career Cruiser, available at
https://www.fldoe.org/core/fileparse.php/7534/urlt/cruiser.pdf (last visited March 17, 2023).
BILL: CS/SB 196 Page 3
Notification of Student Acceleration Options
At the beginning of each school year, a district school board is required to notify parents of
students entering high school or already enrolled in high school of the opportunity and benefits
of courses in:7
Advanced Placement (AP).
International Baccalaureate (IB).
Advanced International Certificate of Education (AICE).
Dual enrollment.
The Florida Virtual School.
Additionally, each high school is required to advise each student of courses through which the
student could earn college credit, including AP, IB, AICE, dual enrollment, early admission, and
career academy courses and courses that lead to industry certification, as well as the availability
of course offerings through virtual instruction.8 Students and their parents must also be advised
of early graduation options.9
Certified School Counselors
School counselors are considered instructional personnel within Florida’s public school system.10
To be employed as a school counselor, a person must be certified as required by law and State
Board of Education rule.11
In the 2021-2022 school year, there were 6,465 certified school counselors working in Florida
school districts, serving 2,833,179 students. Each of the 67 school districts reported at least one
school counselor on staff.12 On average, there was one school counselor for every 438 students.
III. Effect of Proposed Changes:
SB 196 adds requirements to notify parents and students of career and academic planning options
and work-based learning opportunities and pathways.
Middle Grades Career Planning
The bill requires a middle grade student’s personalized academic and career plan to include
information on the career and technical education graduation pathway option13 and work-based
learning opportunities, including internships and preapprenticeship and apprenticeship programs.
7
Section 1003.02(1)(i), F.S.
8
Section 1003.4295(1), F.S.
9
Id.
10
Section 1012.01(2)(b), F.S.
11
Section 1012.55(1)(b), F.S.
12
The Florida Department of Education, Staff in Florida's Public Schools, District Reports: Full-Time Staff 2021-22, Survey
2, available at https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-public-school-data-
pubs-reports/staff.stml; and The Florida Department of Education, Membership in Florida Public Schools, Survey 2, 2021-
2022, available at https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-public-school-data-
pubs-reports/archive.stml (last visited March 17, 2023).
13
Section 1003.4282(10), F.S.
BILL: CS/SB 196 Page 4
Additionally, the bill requires the student’s plan to be developed in consultation with a certified
school counselor.
Notification of Student Acceleration Options
The bill expands the required annual school district parental notification on high school
acceleration options to include notification to students, and requires such notification to be in a
language that is understandable to students and parents. The bill adds to the information required
to be included in the notification to include:
Career and professional academies.
Career-themed courses.
The career and technical education pathway option to earn a standard high school diploma.
Work-based learning opportunities, including internships and apprenticeship and
preapprenticeship programs.
Florida Ready to Work career readiness credentials for the state of Florida for both
foundational academic skills (math, reading, digital literacy) and soft-skills (communication,
teamwork, etc.).14
The contact information of a certified school counselor who can advise the student on the
acceleration, academic, and career planning options.
The additional notifications required in the bill may increase student awareness of and
participation in career and academic planning options and work-based learning opportunities and
pathways.
The bill takes effect July 1, 2023.
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.
14
Section 445.06 F.S. establishes the Florida Ready to Work Credential Program that is housed under the Department of
Economic Opportunity.
BILL: CS/SB 196 Page 5
E. Other Constitutional Issues:
None.
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: 1003.02 and
1003.4156.
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 March 20, 2023:
The CS adds foundational and soft skill credentialing programs under the Florida Ready
to Work program to the list of acceleration, academic, and career planning options that
must be provided to high school students and their parents.
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 - 2023 COMMITTEE AMENDMENT
Bill No. SB 196
Ì865526:Î865526
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2023 .
.
.
.
The Committee on Commerce and Tourism (Jones) recommended the
following:
1 Senate Amendment
2
3 Delete line 47
4 and insert:
5 preapprenticeship programs, foundational and soft-skill
6 credentialing programs under s. 445.06, and Florida Virtual
7 School courses;
Page 1 of 1
3/20/2023 11:01:28 AM 577-02728-23
Florida Senate - 2023 SB 196 Florida Senate - 2023 SB 196
By Senator Jones
34-00520-23 2023196__ 34-00520-23 2023196__
1 A bill to be entitled 30 boards must:
2 An act relating to guidance services on academic and 31 (1) Provide for the proper accounting for all students of
3 career planning; amending s. 1003.02, F.S.; requiring 32 school age, for the attendance and control of students at
4 district school boards to inform students and parents 33 school, and for proper attention to health, safety, and other
5 of certain acceleration, academic, and career planning 34 matters relating to the welfare of students in the following
6 options; requiring certain information to be included 35 areas:
7 in such notification; amending s. 1003.4156, F.S.; 36 (i) Parental Notification of acceleration, academic, and
8 requiring a personalized academic and career plan to 37 career planning options.—At the beginning of each school year,
9 be developed in consultation with a certified school 38 notify parents of students in or entering high school and the
10 counselor for certain students; requiring certain 39 students’ parents, in a language that is understandable to
11 information to be included in such plan; providing an 40 students and parents, of the opportunity and benefits of
12 effective date. 41 advanced placement, International Baccalaureate, Advanced
13 42 International Certificate of Education, dual enrollment, career
14 Be It Enacted by the Legislature of the State of Florida: 43 and professional academies, career-themed courses, the career
15 44 and technical education pathway to earn a standard high school
16 Section 1. Paragraph (i) of subsection (1) of section 45 diploma under s. 1003.4282(10), work-based learning
17 1003.02, Florida Statutes, is amended to read: 46 opportunities, including internships and apprenticeship and
18 1003.02 District school board operation and control of 47 preapprenticeship programs, and Florida Virtual School courses;
19 public K-12 education within the school district.—As provided in 48 and options for early graduation under s. 1003.4281; and the
20 part II of chapter 1001, district school boards are 49 contact information of a certified school counselor who can
21 constitutionally and statutorily charged with the operation and 50 advise students on these options.
22 control of public K-12 education within their school districts. 51 Section 2. Paragraph (e) of subsection (1) of section
23 The district school boards must establish, organize, and operate 52 1003.4156, Florida Statutes, is amended to read:
24 their public K-12 schools and educational programs, employees, 53 1003.4156 General requirements for middle grades
25 and facilities. Their responsibilities include staff 54 promotion.—
26 development, public K-12 school student education including 55 (1) In order for a student to be promoted to high school
27 education for exceptional students and students in juvenile 56 from a school that includes middle grades 6, 7, and 8, the
28 justice programs, special programs, adult education programs, 57 student must successfully complete the following courses:
29 and career education programs. Additionally, district school 58 (e) One course in career and education planning to be
Page 1 of 4 Page 2 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2023 SB 196 Florida Senate - 2023 SB 196
34-00520-23 2023196__ 34-00520-23 2023196__
59 completed in grades 6, 7, or 8, which may be taught by any 88 certification pursuant to s. 1003.492 or s. 1008.44. The course
60 member of the instructional staff. The course must be Internet- 89 may be implemented as a stand-alone course or integrated into
61 based, customizable to each student, and include research-based 90 another course or courses.
62 assessments to assist students in determining educational and 91 Section 3. This act shall take effect July 1, 2023.
63 career options and goals. In addition, the course must result in
64 a completed personalized academic and career plan for the
65 student that may be revised as the student progresses through
66 middle school and high school; must emphasize the importance of
67 entrepreneurship and employability skills; and must include
68 information from the Department of Economic Opportunity’s
69 economic security report under s. 445.07 and other state career
70 planning resources. The required personalized academic and
71 career plan, developed in consultation with a certified school
72 counselor, must inform students of high school graduation
73 requirements, including a detailed explanation of the
74 requirements for earning a high school diploma designation under
75 s. 1003.4285 and the career and technical education pathway to
76 earn a standard high school diploma under s. 1003.4282(10); the
77 requirements for each scholarship in the Florida Bright Futures
78 Scholarship Program; state university and Florida College System
79 institution admission requirements; available opportunities to
80 earn college credit in high school, including Advanced Placement
81 courses; the International Baccalaureate Program; the Advanced
82 International Certificate of Education Program; dual enrollment,
83 including career dual enrollment; work-based learning
84 opportunities, including internships and preapprenticeship and
85 apprenticeship programs; and career education courses, including
86 career-themed courses, preapprenticeship and apprenticeship
87 programs, and course sequences that lead to industry
Page 3 of 4 Page 4 of 4
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1002
INTRODUCER: Senators Stewart and Hooper
SUBJECT: Motor Vehicle Glass
DATE: March 17, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Thomas Knudson BI Favorable
2. Renner McKay CM Favorable
3. RC
I. Summary:
SB 1002 revises definitions under the Florida Motor Vehicle Repair Act to ensure that businesses
that calibrate or recalibrate advanced driver assistance systems associated with windshields are
regulated under the Act. The bill prohibits motor vehicle repair shops, their employees, and their
representatives, from offering an inducement to a customer in exchange for making an insurance
claim for motor vehicle glass replacement or repair. Finally, the bill prohibits a policyholder, or
any other person, from entering an assignment agreement of post-loss benefits for motor vehicle
glass replacement or repair, including for calibration or recalibration of advanced driver
assistance systems.
It is not anticipated that the bill will have any significant fiscal impact on state or local
government.
The bill is effective July 1, 2023.
II. Present Situation:
Automobile Insurance Coverage Related to Windshield Repair
Comprehensive motor vehicle insurance provides coverage for damage to the insured vehicle
caused by events other than a collision.1 This coverage type also covers damage to the vehicle’s
windshield, and is required by most lenders for purposes of protecting the financial interest of the
lender.2 For insured vehicles with comprehensive coverage, insurers may not apply the insurance
policy deductible to the damaged windshield.3
1
Florida Department of Financial Services, Automobile Insurance Toolkit, available at automobile-insurance-toolkit (last
accessed March 17, 2023).
2
Id.
3
Section 627.7288, F.S.
BILL: SB 1002 Page 2
In-Network Versus Out-of-Network Motor Vehicle Repair Shops
Insurers frequently create preferred vendor networks with motor vehicle repair shops to expedite
windshield repairs and negotiate rates for services to be paid directly by the insurer.4 An out-of-
network motor vehicle repair shop receives payment either from the insured in the form of direct
payment or from the insurer by obtaining an assignment of benefits (AOB) of the insured’s
insurance policy.5 Where the policyholder has executed an AOB with the out-of-network motor
vehicle repair shop, the shop can either negotiate with, or file a lawsuit against, the insurer if the
two sides do not agree on the claim amount.6
In Florida, the insured has the right to select either an insurer’s preferred motor vehicle repair
shop or one not in the insurer’s preferred network of motor vehicle repair shops to repair the
damaged windshield.7 However, an insurer that requires a particular repair shop to restore the
damaged windshield, must require that particular repair shop to restore the damaged windshield
to its pre-accident condition no matter the cost to the insurer.8 An insurer may not require the use
of replacement parts that are not at least equivalent in kind and quality to the damaged parts prior
to the loss.9
Windshield Litigation
The Florida Department of Financial Services provided the following information on the volume
of windshield litigation involving an AOB10:
Year 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Auto Glass 435 1,200 3,329 6,753 11,077 17,768 21,851 14,539 16,168 21,094 24,080 33,196
Lawsuits
Florida Motor Vehicle Repair Act
The Department of Agriculture and Consumer Services (DACS) regulates motor vehicle repair
shops in Florida under the Florida Motor Vehicle Repair Act.11 This Act requires that all motor
vehicle repair shops, with limited exceptions, register with the DACS.12 A motor vehicle repair
shop may be fixed or mobile and includes a person or business that does motor vehicle glass
work for compensation.13 Under the Act, it is unlawful for a motor vehicle repair shop or its
employee to engage in various activities such as misrepresenting that repairs have been made to
4
Dale Parker and Brendan McKay, Florida Auto Glass Claims: A Cracked System, Trial Advocate Quarterly Fall 2016
(Westlaw Citation: 35 No. 4 Trial Advoc. Q. 20), available at Florida-Auto-Glass-Claims-A-Cracked-System (last accessed
March 17, 2023).
5
Id.
6
Id.
7
Ibid, fn. 1.
8
Section 626.9743(3), F.S.
9
Section 626.9743(4), F.S.
10
Data provided by the Florida Department of Financial Services to the Senate Committee on Banking and Insurance on
January 19, 2023 (on file with the Senate Banking and Insurance Committee).
11
Sections 559.901-559.9221, F.S.
12
Section 559.904, F.S.
13
Section 559.903(6) and (7), F.S.
BILL: SB 1002 Page 3
a motor vehicle or fraudulently altering any customer contract, estimate, invoice, or other
document.14 The Act provides for various remedies for unlawful acts by motor vehicle repair
shops, including notices of noncompliance, administrative fines, orders to cease and desist,
probation of registrants, and suspension or revocation of registrations.15 In addition, a customer
injured by a violation of the Motor Vehicle Repair Act may bring an action against a repair
shop.16 The prevailing party is entitled to damages plus court costs and reasonable attorney
fees.17
Use of Inducements by Motor Vehicle Repair Shops
The Florida Motor Vehicle Repair Act does not prohibit motor vehicle repair shops from offering
inducements to consumers. Some out-of-network motor vehicle repair shops advertise
inducements to compete for business with in-network vehicle repair shops, while others offer
inducements if a consumer files a qualified insurance claim for windshield replacement.18
Regulation of Inducements in Related Insurance Fields
Prohibited Practices by Insurance Agents
Insurance agents are subject to prosecution under the Unfair Insurance Trade Practices Act 19 for
knowingly misrepresenting the benefits, advantages, conditions, or terms of any insurance
policy,20 offering inducements to enter into an insurance contract in many settings,21 and causing
false insurance claims to be filed.22
Prohibited Practices by Public Adjusters
Public adjusters are subject to prosecution for unfair and deceptive insurance practices 23 if the
adjuster offers a monetary or other valuable inducement to invite a policyholder to submit a
claim.24 Such unfair and deceptive trade practices also include making an untrue, deceptive, or
misleading representation with respect to the business of insurance,25 inviting a policyholder to
submit a claim when the policyholder does not have coverage,26 or inviting a policyholder to
submit a claim by stating that there is “no risk” to the policyholder by submitting such claim. 27
14
Section. 559.920, F.S.
15
Section 559.921, F.S.
16
Section 559.921(1), F.S.
17
Id.
18
See, e.g.: FREE WINDSHIELD “up to $150 cash back at the time of service”; Cash Back Quote “Get up to $100 - $200
Cash Back with FL Insurance” (last accessed March 17, 2023).
19
Section 626.9541, F.S.
20
Section 626.9541(1)(a)1., F.S.
21
Section 626.9541(1)(h), F.S.
22
Section 626.9541(1)(u)1., F.S.
23
Section 626.854(7), F.S.
24
Section 626.854(7)(a)2., F.S.
25
Section 626.854(7), F.S.
26
Section 626.854(7)(a)1., F.S.
27
Section 626.854(7)(a)3., F.S.
BILL: SB 1002 Page 4
Advanced Driver Assistance Systems
Advanced driver assistance systems (ADAS) are technological features of a motor vehicle that
are designed to increase the safety of driving a vehicle by reducing traffic crashes. Traffic
crashes are a leading cause of death in the United States for people ages 1–54 and each year, 1.35
million people are killed on roadways around the world. More than half of those killed are
pedestrians, motorcyclists, or cyclists.28
Such technologies help keep the driver and passengers safe, but also other drivers and
pedestrians. Driver assistance systems may warn of an impending crash, while others are
designed to take action to avoid a crash. A forward collision warning system monitors the
vehicle’s speed, the speed of the vehicle in front of it and the distance between the vehicles. A
lane departure warning system monitors lane markings and alerts the driver when it detects that
the vehicle is drifting out of its lane. Automatic emergency braking systems apply the vehicle’s
brakes automatically in time to avoid or mitigate an impending forward crash with another
vehicle. Other systems include backup cameras, adaptive cruise control, lane centering, blind
spot warning, lane keeping assistance, and automatic high beams.29
These ADAS functions are typically based on one front camera or on a front stereovision
camera. The camera information may be supplemented with information from other sensors like
light detection and ranging or radio detection. The ADAS cameras are located inside the car,
against the front windshield, behind the central rear view mirror. The ADAS camera field of
view is located in the wiper area to keep the glass in front of the camera as clean as possible.30
An ADAS sensor calibration is required whenever a sensor's aiming is disturbed in any way.
This can occur in a collision, even a minor fender bender, or be a byproduct of common service
work such as windshield replacement, suspension repairs or wheel alignment.31
III. Effect of Proposed Changes:
Section 1 amends s. 559.903, F.S., to:
Define the term “advanced driver assistance system” to mean “any motor vehicle electronic
safety system that is associated with motor vehicle glass and is designed to support the driver
and motor vehicle in a manner intended to increase motor vehicle safety and reduce losses
associated with motor vehicle crashes.”
Revise the definition of the term “motor vehicle repair” to include the “calibration or
recalibration of advanced driver assistance systems.”
28
Road Traffic Injuries and Deaths—A Global Problem, Centers for Disease Control and Prevention, available at global-
road-safety (last accessed March 17, 2023).
29
Driver assistance technologies, National Highway Traffic Safety Administration, available at driver-assistance-
technologies (last accessed March 17, 2023).
30
Advanced Driver Assistance Systems, On-Road Intelligent Vehicles, Rahul Kala, 2016, available at advanced-driver-
assistance-systems (last accessed March 17, 2023).
31
ADAS Sensor Calibration Increases Repair Costs, available at https://www.aaa.com/autorepair/articles/adas-sensor-
calibration-increases-repair-costs (last accessed March 17, 2023).
BILL: SB 1002 Page 5
These changes will ensure that businesses that calibrate or recalibrate electronic safety systems
associated with windshields are regulated by the DACS pursuant to the Florida Motor vehicle
Repair Act.
Section 2 amends s. 559.920, F.S, to provide that a motor vehicle repair shop may not provide an
inducement in the form of a rebate, gift, gift card, cash, coupon, or any other thing of value, in
exchange for making an insurance claim for motor vehicle glass replacement or repair, including
the calibration or recalibration of an advanced driver assistance system. A nonemployee who is
compensated for soliciting insurance claims is also prohibited from offering such inducements.
Motor vehicle repair shops would be subject to disciplinary actions by the DACS for violations
of the bill’s provisions.
Section 3 creates s. 627.7289, F.S., to prohibit a policyholder, or any other person, from entering
an assignment agreement of post-loss benefits for motor vehicle glass replacement or repair,
including for calibration or recalibration of advanced driver assistance systems. This prohibition
will apply to motor vehicle insurance policies issued or renewed in this state on or after July 1,
2023. An “assignment agreement” includes any agreement whereby post-loss benefits under a
motor vehicle insurance policy are assigned or transferred to a person providing services for
motor vehicle glass replacement or repair, including inspecting, protecting, repairing, restoring,
or replacing the motor vehicle glass or calibrating or recalibrating advanced driver assistance
systems.
The bill provides an effective date of July 1, 2023.
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 1002 Page 6
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Motor vehicle repair shops will be prohibited from providing certain inducements to
customers. This may negatively affect their businesses.
Indeterminate with respect to insurance premiums. A reduction in auto glass costs
resulting in a reduction in insurance premiums for auto comprehensive coverage is
difficult to estimate as comprehensive coverage includes a wide variety of coverages
including, but not limited to, flood, hail, theft, and hurricane.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 559.903 and 559.920 of the Florida Statutes.
This bill creates section 627.7289 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 - 2023 COMMITTEE AMENDMENT Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1002 Bill No. SB 1002
Ì764142ÃÎ764142 Ì764142ÃÎ764142
LEGISLATIVE ACTION 11 authorized insurer, providing comprehensive coverage or combined
Senate . House 12 additional coverage shall not be applicable to damage to the
Comm: WD . 13 windshield of any motor vehicle covered under such policy.
03/20/2023 . 14 (2) Unless an authorized insurer has directly contracted
. 15 for different amounts with a motor vehicle repair shop, as
. 16 defined in s. 559.903, performing windshield replacement or
. 17 repair, or has established alternative reimbursement rates in a
18 motor vehicle insurance policy, every windshield replacement and
19 repair performed in this state under any policy of motor vehicle
20 insurance delivered or issued in this state by an authorized
21 insurer must be reimbursed as follows:
22 (a) Reimbursement for the replacement of a windshield at 85
23 percent of the rate published in the National Auto Glass
24 Specifications on the date the windshield replacement service
25 was performed. If the rate for a windshield is not published in
The Committee on Commerce and Tourism (DiCeglie) recommended the 26 the National Auto Glass Specifications, the reimbursement rate
following: 27 is the dealer retail price for the windshield.
28 (b) Reimbursement of labor costs related to replacement of
1 Senate Amendment (with title amendment) 29 the windshield at a labor rate of $85 per hour. Beginning July
2 30 1, 2024, the Department of Financial Services shall adjust the
3 Between lines 113 and 114 31 labor rate established under this paragraph on July 1 of each
4 insert: 32 calendar year to reflect changes in the Consumer Price Index or
5 Section 3. Section 627.7288, Florida Statutes, is amended 33 similar inflation indicator.
6 to read: 34 (c) Reimbursement for the number of labor hours required
7 627.7288 Comprehensive coverage; deductible not to apply to 35 for the replacement of the windshield at the rate published in
8 motor vehicle glass; reimbursement rates.— 36 the National Auto Glass Specifications on the date the
9 (1) The deductible provisions of any policy of motor 37 windshield replacement service was performed.
10 vehicle insurance, delivered or issued in this state by an 38 (d) Reimbursement of the required kit or multiple kits for
39 windshield replacement paid at the rate of $30 per kit, $35 per
Page 1 of 4 Page 2 of 4
3/17/2023 3:08:13 PM 577-02642A-23 3/17/2023 3:08:13 PM 577-02642A-23
Florida Senate - 2023 COMMITTEE AMENDMENT Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1002 Bill No. SB 1002
Ì764142ÃÎ764142 Ì764142ÃÎ764142
40 1.5 kits, or $40 per 2 kits, with the total number of kits 69 specified manner for performing windshield
41 required for the windshield replacement based on the 70 replacements or repairs; providing exceptions;
42 requirements published in the National Auto Glass Specifications 71 requiring the Department of Financial Services to
43 on the date the windshield replacement was performed. 72 annually adjust a certain labor rate, beginning on a
44 Reimbursement for all other urethanes is $15 per kit. 73 specified date; specifying that an authorized insurer
45 (e) Reimbursement for molding required for the replacement 74 has an affirmative defense in proceedings relating to
46 of a windshield paid at the rate published in the National Auto 75 windshield replacements and repairs under certain
47 Glass Specifications on the date the windshield replacement 76 circumstances;
48 service was performed.
49 (f) Reimbursement for the repair of an existing windshield
50 at a rate of $60 for the first area repaired and $15 for the
51 second area repaired. There is no right to reimbursement for any
52 charges that exceed $75 for any windshield repair.
53 (g) Reimbursement for windshield calibration in connection
54 with a windshield replacement at a rate of $550 for static
55 calibration, $450 for dynamic calibration, and $700 for dual
56 calibration.
57 (3) An authorized insurer has an affirmative defense in any
58 action brought by a motor vehicle repair shop relating to
59 windshield repair or replacement reimbursements if the
60 authorized insurer reimbursed the motor vehicle repair shop
61 pursuant to subsection (2).
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Between lines 13 and 14
66 insert:
67 amending s. 627.7288, F.S.; requiring authorized
68 insurers to reimburse motor vehicle repair shops in a
Page 3 of 4 Page 4 of 4
3/17/2023 3:08:13 PM 577-02642A-23 3/17/2023 3:08:13 PM 577-02642A-23
Florida Senate - 2023 SB 1002 Florida Senate - 2023 SB 1002
By Senator Stewart
17-00257B-23 20231002__ 17-00257B-23 20231002__
1 A bill to be entitled 30 (1) “Advanced driver assistance system” means any motor
2 An act relating to motor vehicle glass; amending s. 31 vehicle electronic safety system that is associated with motor
3 559.903, F.S.; defining the term “advanced driver 32 vehicle glass and is designed to support the driver and motor
4 assistance system”; revising the definition of the 33 vehicle in a manner intended to increase motor vehicle safety
5 term “motor vehicle repair”; amending s. 559.920, 34 and reduce losses associated with motor vehicle crashes.
6 F.S.; prohibiting motor vehicle repair shops or their 35 (7)(8) “Motor vehicle repair” means all maintenance of and
7 employees from offering anything of value to a 36 modifications and repairs to motor vehicles, and diagnostic work
8 customer in exchange for making an insurance claim for 37 incident thereto, including, but not limited to, the rebuilding
9 motor vehicle glass replacement or repair, including 38 or restoring of rebuilt vehicles, body work, painting, warranty
10 offers made through certain persons; specifying that 39 work, calibration or recalibration of advanced driver assistance
11 the failure to provide certain electronic or written 40 systems, and other work customarily undertaken by motor vehicle
12 notice relating to calibrating or recalibrating an 41 repair shops.
13 advanced driver assistance system is unlawful; 42 Section 2. Section 559.920, Florida Statutes, is amended to
14 creating s. 627.7289, F.S.; prohibiting persons from 43 read:
15 entering into assignment agreements of post-loss 44 559.920 Unlawful acts and practices.—It is shall be a
16 benefits for motor vehicle glass replacement or repair 45 violation of this act for any motor vehicle repair shop or
17 after a specified date; providing that such assignment 46 employee thereof to do any of the following:
18 agreements are void and unenforceable; defining the 47 (1) Engage or attempt to engage in repair work for
19 term “assignment agreement”; providing an effective 48 compensation of any type without first being registered with or
20 date. 49 having submitted an affidavit of exemption to the department.;
21 50 (2) Make or charge for repairs that which have not been
22 Be It Enacted by the Legislature of the State of Florida: 51 expressly or impliedly authorized by the customer.;
23 52 (3) Misrepresent that repairs have been made to a motor
24 Section 1. Present subsections (1) through (5), (6), and 53 vehicle.;
25 (7) of section 559.903, Florida Statutes, are redesignated as 54 (4) Misrepresent that certain parts and repairs are
26 subsections (2) through (6), (8), and (9), respectively, a new 55 necessary to repair a vehicle.;
27 subsection (1) is added to that section, and present subsection 56 (5) Misrepresent that the vehicle being inspected or
28 (8) of that section is amended, to read: 57 diagnosed is in a dangerous condition or that the customer’s
29 559.903 Definitions.—As used in this act: 58 continued use of the vehicle may be harmful or cause great
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 - 2023 SB 1002 Florida Senate - 2023 SB 1002
17-00257B-23 20231002__ 17-00257B-23 20231002__
59 damage to the vehicle.; 88 reasonably have been notified.;
60 (6) Fraudulently alter any customer contract, estimate, 89 (15) Conduct the business of motor vehicle repair in a
61 invoice, or other document.; 90 location other than that stated on the registration
62 (7) Fraudulently misuse any customer’s credit card.; 91 certificate.;
63 (8) Make or authorize in any manner or by any means 92 (16) Rebuild or restore a rebuilt vehicle without the
64 whatever any written or oral statement that which is untrue, 93 knowledge of the owner in such a manner that it does not conform
65 deceptive, or misleading, and that which is known, or that which 94 to the original vehicle manufacturer’s established repair
66 by the exercise of reasonable care should be known, to be 95 procedures or specifications and allowable tolerances for the
67 untrue, deceptive, or misleading.; 96 particular model and year.; or
68 (9) Make false promises of a character likely to influence, 97 (17) Offer to a customer a rebate, gift, gift card, cash,
69 persuade, or induce a customer to authorize the repair, service, 98 coupon, or any other thing of value in exchange for making an
70 or maintenance of a motor vehicle.; 99 insurance claim for motor vehicle glass replacement or repair,
71 (10) Substitute used, rebuilt, salvaged, or straightened 100 including, but not limited to, calibration or recalibration of
72 parts for new replacement parts without notice to the motor 101 an advanced driver assistance system. A nonemployee who is
73 vehicle owner and to her or his insurer if the cost of repair is 102 compensated for the solicitation of insurance claims is also
74 to be paid pursuant to an insurance policy and the identity of 103 prohibited from making such offer.
75 the insurer or its claims adjuster is disclosed to the motor 104 (18) Fail to provide electronic notice or written notice in
76 vehicle repair shop.; 105 at least 12-point type to the customer whether the calibration
77 (11) Cause or allow a customer to sign any work order that 106 or recalibration of the advanced driver assistance system is
78 does not state the repairs requested by the customer or the 107 required as part of the replacement or repair of motor vehicle
79 automobile’s odometer reading at the time of repair.; 108 glass to make such system operable and to ensure such service is
80 (12) Fail or refuse to give to a customer a copy of any 109 performed in a manner that meets or exceeds the vehicle
81 document requiring the customer’s signature upon completion or 110 manufacturer’s specifications.
82 cancellation of the repair work.; 111 (20) Perform any other act that is a violation of this part
83 (13) Willfully depart from or disregard accepted practices 112 or that constitutes fraud or misrepresentation.
84 and professional standards.; 113 (19)(18) Violate any provision of s. 713.585.
85 (14) Have repair work subcontracted without the knowledge 114 Section 3. Section 627.7289, Florida Statutes, is created
86 or consent of the customer unless the motor vehicle repair shop 115 to read:
87 or employee thereof demonstrates that the customer could not 116 627.7289 Assignment of post-loss motor vehicle glass
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 - 2023 SB 1002
17-00257B-23 20231002__
117 benefits prohibited.—
118 (1) A policyholder or any other person may not enter into
119 an assignment agreement of post-loss benefits for motor vehicle
120 glass replacement or repair, including, but not limited to, for
121 calibration or recalibration of advanced driver assistance
122 systems as defined in s. 559.903, under a policy of motor
123 vehicle insurance issued or renewed in this state by an
124 authorized insurer on or after July 1, 2023. Any such assignment
125 agreement entered into in violation of this subsection is void
126 and unenforceable.
127 (2) As used in this section, the term “assignment
128 agreement” means any instrument, regardless of how such
129 agreement is named or styled, by which post-loss benefits,
130 including, but not limited to, claim payments, under a motor
131 vehicle insurance policy are, in whole or in part, assigned or
132 transferred to, or acquired in any manner by, a person providing
133 services for motor vehicle glass replacement or repair,
134 including, but not limited to, inspecting, protecting,
135 repairing, restoring, or replacing the motor vehicle glass or
136 calibrating or recalibrating advanced driver assistance systems.
137 Section 4. This act shall take effect July 1, 2023.
Page 5 of 5
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While it is a ttadition to encouroge public testimony, time may not permit all persons wishing to speak to be heard at this Thosewho do speak may be asked to limit their remarks so
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I a
IE something
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I a
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of appearance
my
(travel, meals. lodging, etc.),
Personal lnsurance Federation of Florida, sponsored by:
lnc.
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The Florida Senate
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am appearing without I am a registered lobbyist, l-l t am not a lobbyist, but received
..- 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. 5-001 (08/10/2021)
The Florida Senate
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compensation or sponsorship. representing: something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
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s-001 (o8/1o/2o21)
The Florida Senate
APPEARANCE RECORD \ o0L
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Deliver both copies of this form to
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THE FLORIDA SENATE COMMITTEES:
Appropriations Committee on Criminal
THE FLORIDA SENATE COMMITTEES:
Crimind Justice, Chai
Tallahassee, Florida 32399-1 100 and Civil Justice, Chaf Appropriations
Criminal Jusfica, Vice Chair Tallahassee, Florida 32399-1100 Appropriations Committee on Criminal and Civil
Appropriations Justice
Appropriations Committee on Health Appropriations Committee on Health and
and Human Services Human Services
Children, Families, and EHer Affairs Community Affairs
Community AffairE Environment and Natural Resources
Regulated lndustriee Ethics and Eleclions
SELECT COMMITTEE: SELECT COMMITTEE:
Eelec-t CommittEe on Resiliency Selec{ Committee on Resiliency
SENATOR JENNIFER BRADLEY SENATOR JONATHAN MARTIN
6th Districl 33rd District
March 1,2023 March 13,2023
Senator Jay Trumbull, Chairman The Honorable Jay Trumbull
Senate Committee on Commerce and Tourism Senate Commerce and Tourism Committee, Chair
320 Senate Building 310 Knott Building
404 South Monroe Street 404 South Monroe Street
Tallahassee, FL 32399-1 100 Tallahassee, FL 32399
Dear Chairman Trumbull
RE: SB 1390 - An act relating to Universal Regulatory Sandbox
I respectfully request that Senate Bill 978 be placed on the cornmittee's agenda at your
earliest convenience. This bill relates to secured transactions. Dear Chair Trumbull
Thank you for your consideration. Please allow this letter to serve as my respectful request to place SB 1390, relating to Universal
Regulatory Sandbox, on the next committee agenda.
Sincerely,
Your kind consideration of this request is greatly appreciated. Please feel free to contact my
frh office for any additional information.
Sincerely,
Jennifer Bradley
cc: Todd McKay, Staff Director
Renita Hayes, Administrative Assistant
Jonathan Martin
Senate District 33
Cc: Todd McKay, StaffDirector
Renita Hayes, Administrative Assistant
REPLY TO: REPLY TO:
D '1845 Eastw€st Parkway, Suile 5, Fleming lsland, Florida 32m3 (904) 27&2085 O 2OOO Main Street, Suite 401, Fort Myers, Florida 33901 (239) 338-2570
C, 410 Senate Building, 404 South Monroe Street, Tallahassee, Florida 3?3S1100 (850) €75006 o 3.11 Senate Building,4o4 south Monroe street, Tallahassee, Florida 32399-1100 (850) 487-5033
Senate's Website: www.flsenate.gov Senate's Website: www.flsenate.gov
KATHLEEN PASSIDOMO DENNIS BAXLEY KATHLEEN PASSIDOMO DENNIS BAXLEY
President of the Senate President Pro Tempote President of the senate Presadenl Pro Tempore
THE FLORIDA SENATE COMMITTEES:
Criminal Justice, Chair
Aooroorialions The Florida Senate
Tallahassee, Florida 32399-1 t00 Abbrobriations Committee on Criminal and Civil
Justice
Appropriations Committee on Health and
Human Services
Gommittee Agenda Request
Communiiy Affairs
Environment and Natural Resources
Ethics and Elections
SELECT COMMITTEE:
Seleci Committee on Resiliency
SENATOR JONATHAN MARTIN
33rd District
March 13,2023
To: Senator , Chair Jay Trumbull
The Honorable Jay Trumbull
Committee on Commerce and Tourism
Senate Commerce and Tourism Committee, Chair
310 Knott Building
404 South Monroe Street Subject: Committee Agenda Request
Tallahassee, FL 32399
Date March 15,2023
RE: SB 1392 - An act relating to Public Records and Meetings/Universal Regulatory
Sandbox
I respectfully request that Senate Bill #1002, relating to Motor Vehicle Glass, be placed on:
Dear Chair Trumbull:
Please allow this letter to serve as my respectful request to place SB 1390, relating to Public
X committee agenda at your earliest possible convenience.
Records and Meetings/Universal Regulatory Sandbox, on the next committee agenda.
I next committee agenda.
Your kind consideration of this request is greatly appreciated. Please feel free to contact my
office for any additional information.
Sincerely,
Senator Linda Stewart
Florida Senate, District 17
Jonathan Martin
Senate District 33
Cc: Todd McKay, Staff Director
Renita Hayes, Administrative Assistant
REPLY TO:
O 20OO Main Street, Suile 401, Fort Myers, Florida 33901 (239) 338-2570
o 311 senate Building, 404 south Monroe slreei, Tallahassee, Florida 32399-1'100 (850) 487-5033
Senate's Website. www.flsenate.gov
KATHLEEN PASSIDOMO DENNIS BAXLEY File signed originalwith committee office s-020 (03/2004)
President of the Senate President Pro Tempore
Haye+ Renita
CourtSmart Tag Report
From: Morris, Timothy Room: SB 110 Case No.: Type:
Sent: Monday, March 20,2023 3:25 PM Caption: Senate Commerce Committee Judge:
To: McKay, Todd; Trumbull, Jay
Cc: Hayes, Renita; Ancheta, Nicholas Started: 3/20/2023 3:32:17 PM
Subject: Senator Martin CM Absence Ends: 3/20/2023 4:10:51 PM Length: 00:38:35
3:32:15 PM Chairman Trumbull calls meeting to order
3:32:39 PM Roll call
Good afternoon, 3:32:58 PM A quorum is present
3:33:07 PM Tab 4 - SB 1482
I am writing to you on behalf of Senator Martin. He is unable to present in Monday's Commerce and Tourism Committee 3:33:12 PM Sen. Simon explains bill
meeting at 3:30 pm. Senator Gruters will be presenting SB 1390 Universal Regulatory Sandbox and SB 1392 Public 3:35:14 PM Questions?
Records and Meetings/Universal Regulatory Sandbox on his behalf.
3:35:21 PM Mike Grissom waives
3:35:33 PM Jeff Scala waives
3:35:35 PM Carolyn Johnson waives
Thank you, 3:35:41 PM Chris Doolin waives
3:35:44 PM No debate
Tim Morris 3:35:48 PM Vote
3:36:12 PM Bill passes; reported favorably
Legislative Aide
3:36:33 PM Tab 6 - SB 1002
3:36:35 PM Sen. Stewart explains the bill
Senator Jonathan Martin 3:38:32 PM Questions?
Senate District 33 3:38:39 PM Amendment barcode #764142 by DiCeglie
D ist rict : 239 -338-257 O 3:39:58 PM DiCeglie will withdraw amendment in order to continue work with Sen. Stewart
Tallahassee: 850-487-5033 3:40:19 PM Back on the bill
3:40:32 PM Caitlin Murray waives
3:40:42 PM Gary Guzzo waives
3:40:47 PM Adam Basford waives
3:40:51 PM Eric DeCampos speaks
3:43:04 PM Jim Keffer waives
3:43:10 PM BG Murphy waives
3:43:33 PM Michael Carlson speaks
3:44:07 PM Chad Kunde waives
3:44:11 PM Amanda Fraser waives
3:44:15 PM Greg Black waives
3:44:20 PM Tasha Carter waives
3:44:24 PM Austin Stowers waives
3:44:55 PM Chair allows amendment speakers to speak due to amendment withdrawal
3:45:04 PM Jeff Johnston speaks on behalf of Fl. Independent Glass Assoc. members
3:47:25 PM Sen. Hutson asks question
3:48:56 PM Jeff Johnston responds
3:49:12 PM Sen Hutson follow up
3:49:20 PM Jeff Johnston responds
3:49:38 PM Sen. Hutson comments
3:49:53 PM Jeff Johnston responds
3:50:18 PM Ashley Kalifeh speaks on behalf of Safelite
3:50:58 PM Sen. Trumbull asks question
3:51:15 PM Ashley Kalifeh responds
3:51:33 PM Sen. Hutson question
3:51:45 PM Ashley Kalifeh responds
3:52:49 PM Sen. Hutson question
3:53:00 PM Ashley Kalifeh responds
3:54:55 PM No debate
3:54:58 PM Sen. Stewart to close
3:55:24 PM Vote
3:56:26 PM Bill passes; reported favorably
3:57:02 PM Tab 5 - SB 196
3:57:07 PM Sen. Jones explains bill
1
3:57:49 PM No objection to motion to take up late filed Amendment barcode #865526
3:58:00 PM Sen. Jones explains amendment
3:58:28 PM Questions on amendment?
3:58:34 PM Sarah Katherine Massey waives
3:58:39 PM Richard Reeves waives
3:58:44 PM No debate
3:59:01 PM Amendment adopted
3:59:08 PM Back on bill
3:59:12 PM Nancy Lawther waives
3:59:18 PM Sarah Katherine Massey waives
3:59:23 PM Chris Stranburg waives
3:59:29 PM Richard Reeves waives
3:59:33 PM No debate
3:59:37 PM Sen. Jones waives close
3:59:43 PM Vote
4:00:01 PM Bill passes; reported favorably
4:00:28 PM Tab 2 - SB 1390
4:00:32 PM Sen. Gruters explains bill by Sen. Martin
4:01:52 PM Questions?
4:01:55 PM Sal Nuzzo speaks on behalf of The James Madison Inst.
4:02:31 PM No debate
4:03:33 PM Sen. Torres wanted to ask question
4:03:42 PM Chair Trumbull requests that Sen. Torres frame question in debate
4:04:01 PM Sen. Torres begins debate
4:04:32 PM Sen. Gruters to close
4:05:11 PM Vote
4:05:42 PM Bill passes; reported favorably
4:05:47 PM Tab 3 - SB 1392
4:06:01 PM Sen. Gruters explains bill by Sen. Martin
4:06:09 PM Questions?
4:06:17 PM No Debate
4:06:20 PM Sen. Gruters waives close
4:06:26 PM Vote
4:06:28 PM Bill passes; reported favorably
4:06:59 PM Brief intermission awaiting Sen. Bradley
4:07:35 PM Meeting resumed
4:07:49 PM Tab 1 - SB 978
4:07:51 PM Sen. Bradley explains the bill
4:09:31 PM Questions?
4:09:39 PM Martha Edenfield waives
4:09:42 PM Doug Bell waives
4:09:46 PM No Debate
4:09:52 PM Sen. Bradley waives close
4:10:00 PM Vote
4:10:04 PM Bill passes; reported favorably
4:10:20 PM Chair Trumbull asks about votes after and if there is any other business
4:10:34 PM Vice Chair Wright moves to adjourn; meeting adjourned
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