Florida Senate Commerce and Tourism Committee post-meeting packet, March 25, 2025
Summary
The post-meeting packet for the Florida Senate Committee on Commerce and Tourism meeting of Tuesday, March 25, 2025, 8:30 to 10:30 a.m., 2025 Regular Session, chaired by Senator Leek with Senator Arrington as Vice Chair. The agenda order lists CS/SB 752 by Simon on defamation, false light and unauthorized publication of name or likenesses, SB 846 by Polsky on notary public fraud, SB 854 by Ingoglia on consumer protection, SB 868 by Ingoglia on social media use by minors and SB 918 by Collins on employment of minors, among others. It records amendment actions and carries the expanded agenda, bills and staff analyses.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
03/25/2025 - Commerce and Tourism (8:30 AM - 10:30 AM) 2025 Regular Session
Customized 03/26/2025 10:47 AM
Tab
CS/SB 752 by JU, Simon; Similar to H 00667 Defamation, False Light, and Unauthorized Publication of
Tab 1
Name or Likenesses
Tab 2 SB 846 by Polsky; Identical to H 00915 Notary Public Fraud
496196 D S RCS CM, Polsky Delete everything after 03/25 12:01 PM
Tab 3 SB 854 by Ingoglia; Similar to H 00117 Consumer Protection
Tab 4 SB 868 by Ingoglia; Compare to CS/H 00743 Social Media Use by Minors
588638 D S RCS CM, Ingoglia Delete everything after 03/25 12:14 PM
Tab 5 SB 918 by Collins; Similar to H 01225 Employment of Minors
SB 1734 by Collins (CO-INTRODUCERS) Calatayud; Similar to H 01489 Florida Kratom Consumer
Tab 6
Protection Act
406210 A S RS CM, Collins Delete L.77 - 189: 03/25 12:34 PM
371938 SA S LRCS CM, Collins Delete L.77 - 189: 03/25 12:34 PM
Tab 7 SB 1438 by Grall; Identical to H 00931 Online Access to Materials Harmful to Minors
Tab 8 SB 578 by Leek; Identical to H 00161 Wine Containers
412314 A S LRCS CM, Leek Delete L.14: 03/25 12:47 PM
Tab 9 SB 800 by McClain; Identical to H 01201 Requirements for Battery Manufacturers
581132 A S LRCS CM, McClain Delete L.48 - 56: 03/25 01:01 PM
Page 1 of 1
2025 Regular Session The Florida Senate
COMMITTEE MEETING EXPANDED AGENDA
COMMERCE AND TOURISM
Senator Leek, Chair
Senator Arrington, Vice Chair
MEETING DATE: Tuesday, March 25, 2025
TIME: 8:30—10:30 a.m.
PLACE: Toni Jennings Committee Room, 110 Senate Building
MEMBERS: Senator Leek, Chair; Senator Arrington, Vice Chair; Senators Davis, DiCeglie, Gruters, McClain,
Smith, Wright, and Yarborough
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
1 CS/SB 752 Defamation, False Light, and Unauthorized Favorable
Judiciary / Simon Publication of Name or Likenesses; Requiring that Yeas 6 Nays 3
(Similar H 667) certain articles or broadcasts be removed from any
website over which the newspaper, broadcaster, or
periodical has control within a specified period to limit
damages for defamation; providing persons in certain
positions relating to newspapers with immunity for
defamation if such persons exercise due care to
prevent publication or utterance of such a statement;
declaring that the continued appearance on any
website over which the newspaper, broadcaster, or
periodical has control of a published statement
determined to be false is deemed to be a new
publication of the false statement for certain purposes
and that the owner, licensee, or operator is not
entitled to a certain privilege, etc.
JU 03/12/2025 Fav/CS
CM 03/25/2025 Favorable
RC
2 SB 846 Notary Public Fraud; Prohibiting the literal translation Fav/CS
Polsky of the phrase “Notary Public” into a language other Yeas 9 Nays 0
(Identical H 915) than English; prohibiting notaries public from using
specified terms to describe themselves under certain
circumstances; authorizing certain entities to file suit
for declaratory or injunctive relief for certain violations;
prohibiting certain persons from engaging in the
practice of law in immigration matters for
compensation or specified acts or practices for
compensation in immigration matters, etc.
CM 03/25/2025 Fav/CS
JU
RC
S-036 (10/2008)
03252025.1254 Page 1 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, March 25, 2025, 8:30—10:30 a.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
3 SB 854 Consumer Protection; Requiring an unlicensed Favorable
Ingoglia vendor providing home repair services to take certain Yeas 9 Nays 0
(Similar H 117) actions within a specified timeframe after receiving
payment, except under certain circumstances;
prohibiting an unlicensed vendor who has received
money in excess of the value of the work performed
from failing to perform such work within a specified
period of time; providing for prosecution of violations;
revising an exemption from permitting requirements
for certain solicitors, salespersons, and agents, etc.
CM 03/25/2025 Favorable
CJ
FP
4 SB 868 Social Media Use by Minors; Requiring social media Fav/CS
Ingoglia platforms to disable certain encryption features for a Yeas 7 Nays 2
(Compare CS/H 743) specified purpose, etc.
CM 03/25/2025 Fav/CS
JU
RC
5 SB 918 Employment of Minors; Deleting certain restrictions Favorable
Collins on minors 16 and 17 years of age being employed, Yeas 5 Nays 4
(Similar H 1225) permitted, or suffered to work; revising the exceptions
to such restrictions for certain minors; deleting a
provision authorizing the Department of Business and
Professional Regulation to grant a waiver of such
restrictions, etc.
CM 03/25/2025 Favorable
RI
RC
6 SB 1734 Florida Kratom Consumer Protection Act; Revising Fav/CS
Collins the definition of the term “kratom product”; prohibiting Yeas 8 Nays 1
(Similar H 1489) processors from manufacturing, delivering, offering
for sale, distributing, or selling finished kratom
products that do not meet specified requirements;
requiring that kratom products be manufactured by,
delivered to, offered for sale by, distributed by, or sold
by a processor who holds a certain permit; requiring
such processors to be registered with the United
States Food and Drug Administration; prohibiting the
serving of kratom beverages combined with alcohol,
drugs, or other kratom products, etc.
CM 03/25/2025 Fav/CS
AEG
FP
S-036 (10/2008)
03252025.1254 Page 2 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, March 25, 2025, 8:30—10:30 a.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
7 SB 1438 Online Access to Materials Harmful to Minors; Temporarily Postponed
Grall Requiring a developer to, beginning on a specified
(Identical H 931, Compare H date, make specific determinations about covered
1503, S 1718) applications, provide notice to application stores
about such applications, and provide certain features
for parents to protect a user that is a child; requiring a
covered manufacturer to, beginning on a specified
date, take certain steps to determine specified
information about the user, provide certain notices,
and provide developers of covered applications with a
specified means to verify the age of a user; providing
requirements for devices sold before a specified date;
providing construction, etc.
CM 03/17/2025 Temporarily Postponed
CM 03/25/2025 Temporarily Postponed
JU
RC
8 SB 578 Wine Containers; Providing that wine may be sold in Fav/CS
Leek recyclable containers of a specified volume, etc. Yeas 8 Nays 1
(Identical H 161, Compare H
6015) RI 03/12/2025 Favorable
CM 03/25/2025 Fav/CS
RC
9 SB 800 Requirements for Battery Manufacturers; Prohibiting Fav/CS
McClain cell manufacturers or marketers from selling Yeas 9 Nays 0
(Identical H 1201) consumer or nonconsumer products powered by
medium-format, portable, lithium, or primary batteries,
etc.
EN 03/11/2025 Favorable
CM 03/25/2025 Fav/CS
RC
TAB OFFICE and APPOINTMENT (HOME CITY) FOR TERM ENDING COMMITTEE ACTION
Senate Confirmation Hearing: A public hearing will be held for consideration of the below-
named executive appointment to the office indicated.
Florida Development Finance Corporation
10 Popack, Moshe (Miami Beach) 05/02/2028 Recommend Confirm
Yeas 9 Nays 0
Board of Supervisors of the Central Florida Tourism
Oversight District
11 Workman, Scott (Orlando) 02/26/2027 Recommend Confirm
Yeas 9 Nays 0
Reemployment Assistance Appeals Commission
12 Atkinson-Hazelton, Geri (Tallahassee) 06/30/2028 Recommend Confirm
Yeas 9 Nays 0
S-036 (10/2008)
03252025.1254 Page 3 of 4
COMMITTEE MEETING EXPANDED AGENDA
Commerce and Tourism
Tuesday, March 25, 2025, 8:30—10:30 a.m.
BILL DESCRIPTION and
TAB BILL NO. and INTRODUCER SENATE COMMITTEE ACTIONS COMMITTEE ACTION
Other Related Meeting Documents
S-036 (10/2008)
03252025.1254 Page 4 of 4
THE FLORIDA SENATE
SENATOR NICK DICEGLIE
District 18
Ben Albritton Jason Brodeur
President of the Senate President Pro Tempore
March 22, 2025
Dear Chair Leek,
Senator DiCeglie will be unable to attend the Committee on Commerce and Tourism. Please
let me know if we can be of any assistance to the committee or chair.
Sincerely,
Nick DiCeglie
State Senator, District 18
Proudly Serving Pinellas County
Appropriations Committee on Transportation, Tourism, and Economic Development,
Chair ~ Governmental Oversight and Accountability, Vice Chair ~ Appropriations ~
Appropriations Committee on Agriculture, Environment, and General Government ~
Commerce and Tourism ~ Environment and Natural Resources ~ Judiciary ~ Rules ~
Joint Select Committee on Collective Bargaining
CourtSmart Tag Report
Room: SB 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 3/25/2025 8:32:45 AM
Ends: 3/25/2025 10:22:58 AM Length: 01:50:14
8:32:45 AM Chair Leek calls meeting to order
8:32:47 AM Roll call
8:32:50 AM Quorum present
8:33:13 AM Chair Leek with comments
8:33:28 AM Tab 7, SB 1438 TP'd
8:33:32 AM Tab 1 CS/SB 752, Defamation, False Light, and Unauthorized Publication of Name or
Likenesses introduced by Chair Leek
8:33:47 AM Explanation of Bill by Senator Simon
8:34:51 AM Chair Leek with comments
8:34:56 AM Question
8:34:59 AM Senator Smith
8:35:01 AM Senator Simon
8:36:07 AM Chair Leek with comments
8:36:39 AM Appearance Forms
8:36:46 AM Bobby Block
8:37:54 AM James Lake
8:38:53 AM Sam Morley
8:39:54 AM Pamela Burch Fort, PEN America FL
8:40:04 AM Tsi Day Smyth
8:40:11 AM Corey Bleakley
8:41:40 AM Spike Poma
8:41:44 AM Sarah Parker
8:42:14 AM Ashe Bradley
8:42:20 AM Mandi Langworthy
8:43:35 AM Rain Johnson
8:43:38 AM Amy Keith
8:43:46 AM Barry Richard
8:44:44 AM Chair Leek with comments
8:44:49 AM Debate
8:44:50 AM Senator Smith
8:45:31 AM Chair Leek with comments
8:45:37 AM Closure by Senator Simon
8:45:51 AM Roll call
8:46:24 AM CS/SB 752 reported favorably
8:46:53 AM Tab 2 SB 846, Notary Public Fraud introduced by Chair Leek
8:47:00 AM Explanation of Bill by Senator Polsky
8:48:06 AM Chair Leek with comments
8:48:25 AM Amendment Barcode No. 496196 introduced by Chair Leek
8:48:30 AM Explanation of Amendment by Senator Polsky
8:48:39 AM Chair Leek with comments
8:48:53 AM Closure waived
8:48:56 AM Amendment adopted
8:49:00 AM Chair Leek with comments
8:49:13 AM Appearance Forms
8:49:19 AM Margaret Wilson
8:50:28 AM Yarelis Mendez-Zamura
8:50:30 AM Dr. Rich Templin, Florida AFL-CIO
8:50:39 AM Karen Woodall, Florida Center for Fiscal & Economic Policy
8:50:42 AM Tiffany Hankins, Florida Immigrant Coalition
8:50:54 AM Debate
8:50:57 AM Senator Smith
8:51:43 AM Chair Leek with comments
8:51:54 AM Closure by Senator Polsky
8:52:01 AM Roll call
8:52:02 AM CS/SB 846 reported favorably
8:52:24 AM
8:52:26 AM Tab 9 SB 800, Requirements for Battery Manufacturers introduced by Chair Leek
8:52:32 AM Explanation of Bill by Senator McClain
8:53:28 AM Chair Leek with comments
8:53:59 AM Late-filed Amendment Barcode No. 581132 introduced by Chair Leek
8:54:02 AM Explanation of Amendment by Senator McClain
8:54:16 AM Chair Leek with comments
8:54:37 AM Closure waived
8:54:39 AM Amendment adopted
8:54:42 AM Chair Leek with comments
8:54:53 AM Appearance Forms
8:55:02 AM Kenya Cory, National Waste & Recycling Association, Florida Chapter
8:55:55 AM Jim MaGill
8:56:01 AM George Kerchner
8:56:14 AM Jessica Kraynak, Florida Retail Federation
8:56:57 AM Chair Leek with comments
8:57:07 AM Closure by Senator McClain
8:57:14 AM Roll call
8:57:39 AM CS/SB 800 reported favorably
8:58:03 AM Chair passed to Senator Arrington
8:58:19 AM Tab 8, SB 578, Wine Containers introduced by Chair Arrington
8:58:25 AM Explanation of Bill by Senator Leek
8:58:31 AM Chair Arrington with comments
8:59:25 AM Questions
8:59:28 AM Senator Gruters
8:59:34 AM Senator Leek
8:59:59 AM Senator Gruters
9:00:02 AM Senator Leek
9:00:22 AM Chair Arrington with comments
9:00:28 AM Late-filed Amendment Barcode No. 412314 introduced by Chair Arrington
9:00:31 AM Explanation of Amendment by Senator Leek
9:00:44 AM Chair Arrington with comments
9:00:57 AM Closure waived
9:00:59 AM Amendment adopted
9:01:05 AM Chair Arrington with comments
9:01:20 AM Closure waived
9:01:23 AM Roll call
9:01:27 AM CS/SB 578 reported favorably
9:01:51 AM Chair returned to Chair Leek
9:01:57 AM Tab 6 SB 1734, Florida Kratom Consumer Protection Act introduced by Chair Leek
9:02:07 AM Explanation of Bill by Senator Collins
9:02:47 AM Chair Leek with comments
9:02:57 AM Amendment Barcode No. 406210 introduced by Chair Leek
9:03:03 AM Late-filed Amendment Barcode No. 371938 introduced by Chair Leek
9:03:12 AM Explanation of Substitute Amendment by Senator Collins
9:03:25 AM Chair Leek with comments
9:03:51 AM Closure waived
9:03:53 AM Amendment adopted
9:03:59 AM Chair Leek with comments
9:04:17 AM Question
9:04:18 AM Senator Gruters
9:04:21 AM Senator Collins
9:05:57 AM Chair Leek with comments
9:06:05 AM Appearance Forms
9:06:13 AM J.D. McCormick
9:07:08 AM Chris McCurdy
9:07:33 AM Barney Bishop III, Florida Smart Justice Alliance
9:07:57 AM Chair Leek with comments
9:08:01 AM Debate
9:08:03 AM Senator Smith
9:08:56 AM Senator Collins with closure
9:11:33 AM Roll call
9:11:37 AM CS/SB 1734 reported favorably
9:12:05 AM Tab 5 SB 918, Employment of Minors introduced by Chair Leek
9:12:12 AM Explanation of Bill by Senator Collins
9:12:50 AM Chair Leek with comments
9:12:54 AM Questions
9:12:56 AM Senator Arrington
9:12:59 AM Senator Collins
9:14:40 AM Senator Arrington
9:14:46 AM Senator Collins
9:14:59 AM Senator Arrington
9:15:55 AM Senator Collins
9:16:24 AM Senator Arrington
9:17:13 AM Senator Collins
9:17:35 AM Senator Smith
9:17:50 AM Senator Collins
9:18:47 AM Senator Smith
9:19:30 AM Senator Collins
9:19:59 AM Senator Smith
9:20:08 AM Senator Collins
9:20:34 AM Senator Smith
9:20:37 AM Senator Collins
9:21:14 AM Senator Smith
9:21:58 AM Senator Collins
9:23:36 AM Chair Leek with comments
9:23:43 AM Appearance Forms
9:23:46 AM Dr. Rich Templin, Florida AFL-CIO
9:24:33 AM Tim Nungesser, NFIB
9:24:47 AM Tsi Day Smyth
9:24:51 AM Greg S. Mathers, Moms for Liberty Florida
9:24:54 AM Thomas Kennedy
9:25:58 AM Dannie McMillon
9:26:02 AM William Lawson
9:26:04 AM Pamela Burch Fort
9:27:04 AM Spike Poma
9:27:06 AM Jose Hoyos
9:27:09 AM Kim Smith
9:27:13 AM Glenda Abicht
9:28:04 AM Rain Johnson
9:28:09 AM Michael Grenon
9:28:13 AM Manuel Hartman
9:28:23 AM Kevin Day
9:29:07 AM Sarah Parker
9:29:11 AM Gina Morella
9:29:15 AM Arlease Williams
9:29:19 AM Deidra Fransaw
9:30:12 AM Mandi Langworthy
9:30:16 AM Stephen Simen
9:30:20 AM Reese Howell
9:30:22 AM Thomas Kinnedy
9:31:27 AM Jackson Oberlink, Florida Rising
9:31:30 AM Charman Postel
9:32:39 AM Karen Woodall, Florida Center for Fiscal & Economic Policy
9:32:47 AM Corey Bleakley
9:32:54 AM Nadeska Concha
9:32:57 AM Chris Pagel
9:34:00 AM Dr. Alexis Tsoukalas, Florida Policy Institute
9:34:04 AM Jonathan Fielder
9:34:09 AM Echo Nova
9:35:16 AM Yareliz Mendez-Samorat
9:35:19 AM Katelyn Tu
9:35:22 AM Mira Lemstrom
9:36:26 AM Simone Liang
9:36:31 AM Arista Athanassie
9:36:36 AM Chloe Bareswilt
9:37:21 AM Cameron Driggers
9:37:24 AM Rania Chehaitli
9:37:41 AM Lauren Ronson
9:38:51 AM Leydi Amador
9:38:55 AM Anna Jones
9:38:59 AM Muah Dahn
9:39:01 AM Kara Gross
9:39:58 AM Laura Munoz
9:40:02 AM Dwight Bullard
9:41:14 AM Annastacia Robinson
9:41:26 AM Debate
9:41:29 AM Senator Smith
9:44:14 AM Senator Arrington
9:46:02 AM Senator Gruters
9:46:40 AM Senator Davis
9:48:38 AM Senator DiCeglie
9:49:19 AM Senator Wright
9:49:38 AM Chair Leek with comments
9:49:44 AM Senator Collins with closure
9:53:12 AM Roll call
9:54:12 AM SB 918 reported favorably
9:54:43 AM Tab 3 SB 854, Consumer Protection introduced by Chair Leek
9:54:45 AM Explanation of Bill by Senator Ingoglia
9:55:44 AM Chair Leek with comments
9:55:55 AM Appearance Forms
9:55:57 AM Dallas Thiesen, Florida Swimming Pool Association
9:56:03 AM Edda Ivonne Fernandez, AARP
9:56:08 AM Chair Leek with comments
9:56:13 AM Closure by Senator Ingoglia
9:56:24 AM Roll call
9:57:25 AM SB 854 reported favorably
9:57:46 AM Tab 10, 11 and 12 Confirmation Hearing, Moshe Popack, Scott Workman and Geri
Atkinson-Hazelton introduced by Chair Leek
9:58:25 AM Motion to recommend confirmations by Senator Wright
9:58:50 AM Motion adopted
9:58:53 AM Roll call
9:58:58 AM Confirmations approved
9:59:15 AM Tab 4 SB 868, Social Media Use by Minors introduced by Chair Leek
9:59:25 AM Amendment Barcode No. 588638 introduced by Chair Leek
9:59:33 AM Explanation of Amendment by Senator Ingoglia
10:01:45 AM Chair Leek with comments
10:02:01 AM Katie Kelly, Technet
10:02:08 AM Closure waived
10:02:23 AM Amendment adopted
10:02:26 AM Questions
10:02:29 AM Senator Gruters
10:02:33 AM Senator Ingoglia
10:02:56 AM Senator Gruters
10:03:01 AM Senator Ingoglia
10:03:42 AM Senator Gruters
10:03:45 AM Senator Ingoglia
10:04:03 AM Senator Smith
10:04:07 AM Senator Ingoglia
10:05:10 AM Senator Smith
10:05:15 AM Senator Ingoglia
10:05:42 AM Senator Davis
10:06:25 AM Senator Ingoglia
10:07:24 AM Senator Davis
10:07:27 AM Senator Ingoglia
10:08:07 AM Chair Leek with comments
10:08:13 AM Appearance Forms
10:08:16 AM Aaron DiPietro, Florida Family Voice
10:08:18 AM Ryan Kennedy, Florida Citizens Alliance
10:08:24 AM David McGarry, Taxpayers Protection Alliance
10:08:31 AM Pamela Burch Fort, PEN America FL
10:08:37 AM Spike Poma
10:08:39 AM Ashe Bradley
10:09:23 AM Corey Bleakley
10:09:26 AM Rain Johnson
10:09:29 AM Sarah Parker
10:09:33 AM Echo Nova
10:10:22 AM Tsi Day Smyth
10:10:30 AM Turner Loesel
10:12:18 AM Mendi Langworthy
10:13:59 AM Barney Bishop III, Florida Smart Justice Alliance
10:14:05 AM Greg S. Mathers, Moms for Liberty Florida
10:14:10 AM Chair Leek with comments
10:14:14 AM Debate
10:14:18 AM Senator Smith
10:15:44 AM Closure by Senator Ingoglia
10:19:02 AM Roll call
10:20:05 AM SB 868 reported favorably
10:20:29 AM Chair Leek with comments
10:20:41 AM Senator Smith with vote change on SB 1734 from negative to affirmative
10:21:17 AM Chair Leek with comments
10:21:21 AM Senator DiCeglie, Affirmative CS/SB 752, CS/SB 846, CS/SB 1734, CS/SB 800, SB
854, Tabs 10-12 Confirmations in the affirmative
10:21:46 AM Senator Yarborough voting in the affirmative on Tabs 2, 9, 6 and in the negative on Tab
8
10:21:59 AM Senator Davis voting in the negative on CS/SB 752, CS/SB 1734, in the affirmative
CS/SB 846, CS/SB 800, CS/SB 578
10:22:27 AM Chair Leek with comments
10:22:33 AM Senator Gruters moves to adjourn
10:22:46 AM Meeting adjourned
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 752
INTRODUCER: Judiciary Committee and Senator Simon
SUBJECT: Defamation, False Light, and Unauthorized Publication of Name or Likenesses
DATE: March 24, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Fav/CS
2. Dike McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 752 amends two statutes relating to defamation, which is the unprivileged publication of
false statements that naturally and proximately result in an injury to another. Generally, the bill
imposes requirements on newspapers, broadcasters, and periodicals to remove false and
defamatory articles and broadcasts from websites they control after receiving notice of their
falsity.
Under existing law, newspapers and broadcast stations have a duty to issue a full and fair
correction, apology, or retraction of a false and defamatory news article or broadcast after
receiving notice of its falsity. A newspaper or broadcast that fails to timely fulfill this duty is not
entitled to limit its damages for defamation to the plaintiff’s actual damages. Under the bill, if the
article or broadcast is published on a website it controls, the newspaper, broadcaster, or
periodical must also permanently remove the article or broadcast from the website within 10
days after receiving notice of the falsity of the article or broadcast to be entitled to the limitation
on liability.
The bill also subjects newspapers to the same statutory liability standards that currently apply to
radio and television stations, by requiring them to exercise due care to prevent the publication of
defamatory statements. Under the bill, failing to permanently remove statements that a
reasonable person would conclude to be defamatory from a website the newspaper, broadcaster,
or periodical controls will extend the statute of limitations, giving plaintiffs more time to bring
suit.
BILL: CS/SB 752 Page 2
The bill takes effect July 1, 2025.
II. Present Situation:
Defamation at Common Law
Defamation is the unprivileged publication of false statements that naturally and proximately
result in an injury to another.1 It has also been described as a statement that tends to harm the
reputation of another by lowering him or her in the estimation of the community; or, more
broadly stated, one that exposes a plaintiff to hatred, ridicule, or contempt, or injures his
business, reputation, or occupation.2
The Florida Constitution provides that every person may speak, write, and publish sentiments on
all subjects, but will be responsible for the abuse of that right.3 The law of defamation embodies
the public policy that individuals should be free to enjoy their reputations unimpaired by false
and defamatory attacks. An action for defamation is based upon a violation of this right.4
Different states vary in their anti-defamation statutes; as such, courts in different states will
interpret defamation laws differently, and defamation statutes will vary somewhat from state to
state.5 But generally, defamation may take one of three forms:
• Spoken words, commonly known as “slander.”6
• A written statement, commonly known as “libel.”7
• An implication, commonly known as “false light” invasion of privacy.8
Before 2008, Florida courts recognized separate causes of action for slander and libel premised
upon spoken or written defamatory statements, but did not recognize a separate cause of action
for defamation itself.9 However, in 2008, the Florida Supreme Court recognized a standalone tort
of defamation,10 and in doing so, it effectively subsumed all claims for slander and libel into that
tort. Therefore, defamation now encompasses both libel and slander.11 False light is not
1
Hoch v. Loren, 273 So. 3d 56, 57 (Fla. 4th DCA 2019) (internal citation omitted).
2
Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1108-09 (Fla. 2008) (internal citation omitted).
3
FLA. CONST. art. I, s. 4.
4
19 FLA. JUR. 2D s. 1 Defamation and Privacy.
5
Cornell Law School Legal Information Institute, Defamation, https://www.law.cornell.edu/wex/defamation (last visited
Mar. 24, 2025).
6
See Spears v. Albertson’s, Inc., 848 So. 2d 1176, 1179 (Fla. 1st DCA 2003) (providing that “[s]lander may be defined as the
speaking of base and defamatory words”).
7
See Dunn v. Air Line Pilots Association, 193 F.3d 1185, 1191 (11th Cir. 1999) (noting that under Florida law, libel is
defined as the unprivileged written publication of false statements).
8
See RESTATEMENT (SECOND) OF TORTS s. 652E.
9
See Delacruz v. Peninsula State Bank, 221 So. 2d 772, 775 (Fla. 2d DCA 1969) (explaining that there is no such legal cause
of action as ‘defamation’ and “[l]ibel and slander may be Founded [sic] on defamation, but the right of action itself is libel or
slander, depending upon whether it is written or oral”).
10
See Jews for Jesus, Inc., 997 So. 2d at 1105-08 (comparing the false light cause of action to the defamation by implication
cause of action and recognizing the existence of only the latter in Florida).
11
Norkin v. The Florida Bar, 311 F. Supp. 3d 1299, 1303-04 (S.D. Fla. 2018) (internal citations omitted); Klayman v.
Judicial Watch, Inc., 22 F. Supp. 3d 1240, 1247 fn. 2 (S.D. Fla. 2014).
BILL: CS/SB 752 Page 3
recognized as a separate cause of action in Florida, but like slander and libel, it is nearly identical
to a form of defamation known as “defamation by implication.”12
Although libel is generally perpetrated by written communication, it also includes defamation
through the publication of pictures or photographs.13 Alteration of a photograph may support a
defamation action.14
In Florida, the five required elements of a claim for defamation are:
• Publication.
• Falsity.
• Knowledge or reckless disregard as to the falsity on a matter concerning a public official, or
at least negligently on a matter concerning a private person.
• Actual damages.
• A defamatory statement.15
“Publication” is a required element because a defamatory statement does not become actionable
until it is published or communicated to a third person.16 Publication requires proof that the
statement is exposed to the public so it may be read or heard by a third person, but not
necessarily that it has in fact been read or heard by a third person.17
The element of “falsity” requires that the defamation be “of and concerning” the plaintiff,18 and
that the allegation or representation about the plaintiff be false.19 The falsity may be premised
upon untruthfulness, such as in the case of slander or libel, or from truthful statements that imply
falsely, such as in the case of defamation by implication.20
An actor must act with knowledge or reckless disregard as to the falsity on a matter concerning a
public official, or at least negligently on a matter concerning a private person.21 With respect to
this element, case law has developed which purports to balance the interests of the First
Amendment while also protecting people from being unjustly defamed.22 Accordingly, courts
apply an actual malice standard to public figures, and a simple negligence standard to private
individuals.23 A private individual may recover actual damages from a media defendant that
12
See Jews for Jesus, Inc., 997 So. 2d at 1108 (comparing the false light cause of action to the defamation by implication
cause of action, and recognizing the existence of only the latter in Florida); but see RESTATEMENT (SECOND) OF TORTS s.
652E (recognizing a separate tort of false light).
13
19 FLA. JUR. 2D Defamation and Privacy s. 15 (citing 50 AM. JUR. 2D Libel and Slander s. 153).
14
50 AM. JUR. 2D Libel and Slander s. 153 (internal citations omitted).
15
Jews for Jesus, Inc., 997 So. 2d at 1106.
16
American Airlines, Inc. v. Geddes, 960 So. 2d 830, 833 (Fla. 3d DCA 2007).
17
Axiom Worldwide, Inc. v. Becerra, 2009 WL 1347398, *7 (M.D. Fla. 2009) (citing Rives v. Atlanta Newspapers, Inc., 220
Ga. 485, 139 S.E.2d 395, 398 (1964) (noting, in applying single publication rule to newspaper, that “whether or not it is read
is immaterial once it is shown that it was exposed to public view”)).
18
Thomas v. Jacksonville Television, Inc., 699 So. 2d 800, 805 (Fla. 1st DCA 1997).
19
See generally Milkovich v. Lorain Journal Co., 497 U.S. 1, 23 (1990) (Brennan, J., dissenting) (noting that “only
defamatory statements that are capable of being proved false are subject to liability under state libel law”).
20
Jews for Jesus, Inc., 997 So. 2d at 1106-08.
21
Id. at 1106.
22
Gleisy Sopena, Attorney-Fee Shifting is the Solution to Slapping Meritless Claims Out of Federal Courts, 16 FIU L. REV.
833, 842 (Spring 2022).
23
Jews for Jesus, Inc., 997 So. 2d at 1111.
BILL: CS/SB 752 Page 4
publishes false and defamatory statements and that fails to use reasonable care to determine their
falsity.24
With respect to the element of actual damages, the recovery of actual damages depends upon
whether the defamation was “per se” or “per quod.” Defamation per se generally relieves
plaintiffs of having to prove damages, because such statements are so inherently damaging that
damages are typically presumed.25 On the other hand, defamation per quod generally requires
plaintiffs to provide supporting and extrinsic evidence to prove that the statement or publication
was actually defamatory.26
Finally, the statements must actually be defamatory. To make this determination, courts consider
allegedly defamatory statements in their totality. For example, they consider all the words,
pictures, and illustrations as used and presented together, not just a particular phrase or sentence
in isolation.27 An allegedly defamatory statement should be considered in its natural sense
without a forced or strained construction.28 Courts also make threshold determinations regarding
whether a claim should even be considered by a jury29 and whether a privilege applies.30
Defenses
In addition to general procedural and other defenses that may be available (e.g. a failure to allege
and prove any of the elements of defamation), the following specific defenses are available in
response to a claim of libel, slander, or defamation by implication:
• Statutory protections:
o For radio and television broadcasters.31
o For good faith reports of potential child abuse, abandonment, or neglect.32
• Privilege:
o Absolute immunity, for any act occurring during the course of a legislative, judicial, or
quasi-judicial proceeding, so long as the act has some relation to the proceeding.33
24
Thomas, 699 So. 2d at 804.
25
Wolfson v. Kirk, 273 So. 2d 774, 776 (Fla. 4th DCA 1973); Bass v. Rivera, 826 So. 2d 534, 535 (Fla. 2d DCA 2002);
Delacruz, 221 So. 2d at 775.
26
Boyles v. Mid-Florida Television Corp., 431 So. 2d 627, 633 (Fla. 5th DCA 1983) (quoting Piplack v. Mueller, 97 Fla. 440,
121 So. 459 (Fla. 1929)).
27
Byrd v. Hustler Magazine, Inc., 433 So. 2d 593, 595 (Fla. 4th DCA 1983).
28
Id.
29
Id.; Wolfson, 273 So. 2d at 778.
30
See Jews for Jesus, Inc., 997 So. 2d at 1111-12 (providing a list of cases that applied various privileges to defamatory
statements); see also s. 770.04, F.S. (regarding liability of radio or television broadcasters); see also Wright v. Yurko, 446 So.
2d 1162, 1164 (Fla. 5th DCA 1984) (holding privilege extends to communications made within lawsuits).
31
See generally s. 770.04, F.S.
32
See generally s. 39.203, F.S.
33
See Kidwell v. General Motors Corp., 975 So. 2d 503, 505 (Fla. 2d DCA 2007) (regarding judicial and quasi-judicial
immunity); see also Tucker v. Resha, 634 So. 2d 756, 758 (Fla. 1st DCA 1994), apprv’d, 670 So. 2d 56 (Fla. 1996) (noting,
with emphasis added, that “[t]he public interest requires that statements made by officials of all branches of government in
connection with their official duties be absolutely privileged”) (internal citations omitted).
BILL: CS/SB 752 Page 5
o Absolute immunity, for state executive officers34 and public officials,35 as long as their
statements are made in connection with their duties and responsibilities.
o Qualified immunity, when made in good faith and certain other conditions are met.36
• Immunity as an expression of pure opinion, which occurs when one makes a comment or
opinion based on facts in an article or that are otherwise known or available to the reader or
listener as a member of the public.37
Actions for libel and slander must be brought within 2 years after the cause of action accrues.38
Florida’s Defamation Statute
Florida’s defamation statute39 consists of the following 8 sections.
Notice Condition Precedent to Action or Prosecution for Libel or Slander
Before any civil action may be brought for the publication or broadcast of a libel or slander in a
newspaper, periodical, or other medium, the plaintiff must, at least 5 days before bringing suit,
serve notice in writing on the defendant, specifying the article, broadcast, and statements which
he or she alleges to be false and defamatory.40
Correction, Apology, or Retraction by Newspaper or Broadcast Station
A plaintiff in a civil action for libel or slander may only recover actual damages if it appears at
trial that the article or broadcast:
• Was published in good faith.
• That its falsity was due to an honest mistake of the facts.
• That there were reasonable grounds for believing that the statements in the article or
broadcast were true.
• That, within certain time periods (provided below), a full and fair correction, apology, or
retraction was, in the case of a newspaper or periodical, published in the same editions or
corresponding issues of the newspaper or periodical in which the article appeared, and in as
conspicuous a place and type as the original article; or in the case of a broadcast, the
correction, apology, or retraction was broadcast at a comparable time.41
34
Tucker, 634 So. 2d at 758.
35
Hope v. National Alliance of Postal and Federal Employees, Jacksonville Local No. 320, 649 So. 2d 897, 901 fn. 5 (Fla.
1st DCA 1995).
36
See Lundquist v. Alewine, 397 So. 2d 1148, 1149 (Fla. 5th DCA 1981) (providing that the elements essential to the finding
of a conditionally privileged publication are good faith; an interest to be upheld; a statement limited in its scope to this
purpose; a proper occasion; and publication in a proper manner) (internal citations omitted).
37
Sepmeier v. Tallahassee Democrat, Inc., 461 So. 2d 193, 195 (Fla. 1st DCA 1984) (internal citation omitted); Smith v.
Taylor County Pub. Co., Inc., 443 So. 2d 1042, 1046-47 (Fla. 1st DCA 1983).
38
See s. 95.11(4)(g), F.S. (providing a 2-year statute of limitations for libel or slander); see also s. 95.031(1), F.S. (providing
that unless otherwise specified, the statute of limitations runs from the time the cause of action accrues).
39
Chapter 770, F.S.
40
Section 770.01, F.S.
41
Section 770.02(1), F.S.
BILL: CS/SB 752 Page 6
In order to limit damages to actual damages only, the full and fair correction, apology, or
retraction must be made:
• In the case of a broadcast or a daily or weekly newspaper or periodical, within 10 days after
service of notice.
• In the case of a newspaper or periodical published semimonthly, within 20 days after service
of notice.
• In the case of a newspaper or periodical published monthly, within 45 days after service of
notice.
• In the case of a newspaper or periodical published less frequently than monthly, in the next
issue, provided notice is served no later than 45 days prior to such publication.42
Civil Liability of Broadcasting Stations
The owner, lessee, licensee, or operator of a broadcasting station has the right (except when
prohibited by federal law or regulation), but may not be compelled, to require the submission of
a written copy of any statement intended to be broadcast over the station 24 hours before the
time of the intended broadcast of the statement.43
When the owner, lessee, licensee, or operator elects to require the submission of a written copy,
it may not be held responsible for any damages caused by any libelous or slanderous statement
which is not contained in the written copy, made by or for the person or party submitting the
copy of the proposed broadcast. The statute may not be construed to relieve the person or party,
or the agents or servants of the person or party, making any libelous or slanderous statement
from liability.44
Civil Liability of Radio or Television Broadcasting Stations; Care to Prevent Publication or
Statement Required
The owner, licensee, or operator of a radio or television broadcasting station, and their agents or
employees, may not be held liable for any damages for any defamatory statement published or
stated by a third party in or as a part of a radio or television broadcast, unless it is alleged and
proven by the plaintiff that he or she failed to exercise due care to prevent the publication or
statement in the broadcasts. However, the exercise of due care is construed to include the bona
fide compliance with any federal law or the regulation of any federal regulatory agency.45
Limitation of Choice of Venue
A person may not have more than one choice of venue for damages for libel or slander, invasion
of privacy, or any other tort founded upon any single publication, exhibition, or statement, such
as:
• Any one edition of a newspaper, book, or magazine.
• Any one presentation to an audience.
• Any one broadcast over radio or television.
• Any one exhibition of a motion picture.
42
Section 770.02(2), F.S.
43
Section 770.03, F.S.
44
Id.
45
Section 770.04, F.S.
BILL: CS/SB 752 Page 7
Recovery in any action must include all damages for any such tort suffered by the plaintiff in all
jurisdictions.46
Adverse Judgement in Any Jurisdiction a Bar to Additional Action
A judgment in any jurisdiction for or against a plaintiff upon the substantive merits of any action
for damages, founded upon a single publication, exhibition, or statement, bars any other action
for damages by the same plaintiff against the same defendant founded upon the same
publication, exhibition, or statement.47
Cause of Action, Time of Accrual
A cause of action for damages founded upon a single publication, exhibition, or statement, is
deemed to have accrued at the time of its first publication, exhibition, or statement in this state.48
Limitation on Recovery of Damages
A person may not sue in more than one jurisdiction for damages for libel founded upon a single
publication, exhibition, or statement. Once an appropriate jurisdiction is chosen, the person will
recover in that jurisdiction all damages allowed to him or her for libel in all jurisdictions.49
III. Effect of Proposed Changes:
The bill amends two statutes relating to defamation. Generally, the bill imposes requirements on
newspapers and broadcast stations which, if not observed, prevent them from being entitled to
limit their liability for damages to the plaintiff’s actual damages.
Section 1 of the bill amends s. 770.02, F.S., regarding the correction, apology, or retraction by a
newspaper or broadcast station. As amended, the section requires a newspaper, broadcaster, or
periodical that publishes a false and defamatory article on any website over which it has control
to permanently remove it within 10 days after receiving notice of its falsity. A newspaper,
broadcaster, or periodical that fails to timely remove the article is not entitled to limit its liability
for defamation to the plaintiff’s actual damages. This requirement is in addition to the existing
requirements for the newspaper or broadcast station to timely issue a correction, apology, or
retraction.
Section 2 of the bill amends s. 770.04, F.S., regarding civil liability of radio or television
broadcasting stations, to expand the statute’s scope to also include newspapers, and to require
them to exercise due care to prevent the publication of defamatory statements. The due care
standard is synonymous with ordinary care or reasonable care, which are standards in a tort
action to determine whether a person acted negligently. Accordingly, newspapers under the
statute as amended are expressly liable for damages for defamation if they act negligently in the
publication of defamatory material.
46
Section 770.05, F.S.
47
Section 770.06, F.S.
48
Section 770.07, F.S.
49
Section 770.08, F.S.
BILL: CS/SB 752 Page 8
Additionally, the bill provides that when an owner, a licensee, or an operator:
• Publishes a defamatory statement on the Internet with no knowledge of falsity of the
statement;
• Receives notice that such statement has been found in a judicial proceeding to be false, or
receives notice of facts that would cause a reasonable person to conclude that the statement
was false; and
• Fails to take reasonable steps to permanently remove the statement and any related report
from any website over which the newspaper, broadcaster, or periodical has control;
Then the continued appearance of the statement or report on such website after the notice is a
new publication for purpose of the statute of limitations, and the owner, licensee, or operator is
not entitled to a fair reporting privilege for the new publication.
Section 3 provides that the act takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Because the bill may make it easier for private plaintiffs to sue newspapers, broadcasters,
and periodicals for defamation in several ways, including for their publications on
websites over which they have control, it is anticipated that defendants in such cases may
have to pay more in awards (to satisfy meritorious defamation claims), claim settlements,
BILL: CS/SB 752 Page 9
and additional legal fees and costs. On the other hand, persons held to higher standards to
avoid making defamatory statements may incur additional costs for conducting
investigations before making potentially defamatory statements.
The duties imposed by the bill on newspapers, broadcasters, and periodicals to remove
defamatory publications from websites over which they have control may also limit the
damages and harm caused to persons who are defamed.
C. Government Sector Impact:
Because the bill may make it easier for private plaintiffs to sue for defamation, it is
anticipated that such suits will increase court caseloads to some degree and the costs
associated with an increased caseload.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 770.02, 770.04.
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 Judiciary on March 12, 2025:
The committee substitute revises the underlying bill to provide that newspapers,
broadcasters, or periodicals must only permanently remove defamatory articles and
statements from websites over which they have control to limit plaintiff recoveries to
actual damages, or to avoid a new publication of the defamatory statement for statute of
limitations purposes.
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 - 2025 CS for SB 752 Florida Senate - 2025 CS for SB 752
By the Committee on Judiciary; and Senator Simon
590-02317-25 2025752c1 590-02317-25 2025752c1
1 A bill to be entitled 30 grounds for believing that the statements in the said article or
2 An act relating to defamation, false light, and 31 broadcast were true; and that, within the period of time
3 unauthorized publication of name or likenesses; 32 specified in subsection (2), a full and fair correction,
4 amending s. 770.02, F.S.; requiring that certain 33 apology, or retraction was, in the case of a newspaper or
5 articles or broadcasts be removed from any website 34 periodical, published in the same editions or corresponding
6 over which the newspaper, broadcaster, or periodical 35 issues of the newspaper or periodical in which the said article
7 has control within a specified period to limit damages 36 appeared and in as conspicuous place and type as the said
8 for defamation; amending s. 770.04, F.S.; providing 37 original article or, in the case of a broadcast, the correction,
9 persons in certain positions relating to newspapers 38 apology, or retraction was broadcast at a comparable time, then
10 with immunity for defamation if such persons exercise 39 the plaintiff in such case shall recover only actual damages.
11 due care to prevent publication or utterance of such a 40 For purposes of this section, if such an article or a broadcast
12 statement; declaring that the continued appearance on 41 has been published on the Internet, the article or broadcast
13 any website over which the newspaper, broadcaster, or 42 must be permanently removed from any website over which the
14 periodical has control of a published statement 43 newspaper, broadcaster, or periodical has control within the
15 determined to be false is deemed to be a new 44 time period provided in paragraph (2)(a) in order to limit
16 publication of the false statement for certain 45 recovery to actual damages as provided in this section.
17 purposes and that the owner, licensee, or operator is 46 (2) Full and fair correction, apology, or retraction shall
18 not entitled to a certain privilege; providing an 47 be made:
19 effective date. 48 (a) In the case of a broadcast or a daily or weekly
20 49 newspaper or periodical, within 10 days after service of
21 Be It Enacted by the Legislature of the State of Florida: 50 notice.;
22 51 (b) In the case of a newspaper or periodical published
23 Section 1. Section 770.02, Florida Statutes, is amended to 52 semimonthly, within 20 days after service of notice.;
24 read: 53 (c) In the case of a newspaper or periodical published
25 770.02 Correction, apology, or retraction by newspaper or 54 monthly, within 45 days after service of notice.; and
26 broadcast station.— 55 (d) In the case of a newspaper or periodical published less
27 (1) If it appears upon the trial that an said article or a 56 frequently than monthly, in the next issue, provided notice is
28 broadcast was published in good faith; that its falsity was due 57 served no later than 45 days before prior to such publication.
29 to an honest mistake of the facts; that there were reasonable 58 Section 2. Section 770.04, Florida Statutes, is amended to
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 - 2025 CS for SB 752 Florida Senate - 2025 CS for SB 752
590-02317-25 2025752c1 590-02317-25 2025752c1
59 read: 88 deemed a new publication for purpose of the statute of
60 770.04 Civil liability of certain media outlets radio or 89 limitations, and the owner, licensee, or operator is not
61 television broadcasting stations; care to prevent publication or 90 entitled to a fair reporting privilege for such new publication.
62 utterance required.— 91 Section 3. This act shall take effect July 1, 2025.
63 (1) The owner, licensee, or operator of a radio or
64 television broadcasting station or a newspaper, and the agents
65 or employees of any such owner, licensee, or operator, are shall
66 not be liable for any damages for any defamatory statement
67 published or uttered in or as a part of a radio or television
68 broadcast or newspaper article, by one other than such owner,
69 licensee, or operator, or general agent or employees thereof,
70 unless it is shall be alleged and proved by the complaining
71 party, that such owner, licensee, operator, general agent, or
72 employee, has failed to exercise due care to prevent the
73 publication or utterance of such statement in such broadcasts or
74 newspaper articles, provided, however, the exercise of due care
75 shall be construed to include the bona fide compliance with any
76 federal law or the regulation of any federal regulatory agency.
77 (2) If an owner, a licensee, or an operator described in
78 subsection (1) publishes a defamatory statement on the Internet
79 with no knowledge of falsity of the statement and thereafter
80 receives notice that such statement has been found in a judicial
81 proceeding to be false, or receives notice of facts that would
82 cause a reasonable person to conclude that such statement was
83 false, and the owner, licensee, or operator fails to take
84 reasonable steps to permanently remove the statement and any
85 related report from any website over which the newspaper,
86 broadcaster, or periodical has control, the continued appearance
87 of such statement or report on such website after the notice is
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
Committee Agenda Request
To: Senator Thomas J. “Tom” Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 13th, 2025
I respectfully request that Senate Bill # 752, relating to Defamation, False Light, and
Unauthorized Publication of Name or Likenesses, be placed on the:
Committee agenda at your earliest possible convenience.
Next committee agenda.
Senator Corey Simon
Florida Senate, District 3
File signed original with committee office S-020 (03/2004)
3
Date
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lA, APPEARANCE RECORD Sb- 7 62
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APPEARANCE RECORD 56 1s2
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3.25.25 APPEARANCE RECORD SB 752
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Miami FL 331 34
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Florida
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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 846
INTRODUCER: Commerce and Tourism Committee and Senator Polsky
SUBJECT: Notary Public Fraud
DATE: March 26, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 846 prohibits a notary public that is advertising their services and does not hold an active
license to practice law from using the term notario público, notario, immigration assistant,
immigration consultant, immigration specialist, or any other designation or title, in any language,
which conveys or implies that they possess professional legal skills in immigration law. The bill
authorizes the Attorney General, a state attorney, or a city attorney to file a suit against the
appropriate party for declaratory or injunctive relief. Additionally, an aggrieved party may bring
a civil action for injunctive relief or to recover damages.
The bill amends s. 908.107, F.S., which deals with federal immigration enforcement, and
provides that the Attorney General, a state attorney, or a city attorney may file suit against a local
governmental entity, local law enforcement agency, or any other appropriate party for a violation
of the federal immigration laws in ch. 908, F.S.
The bill prohibits someone from engaging in the practice of law in an immigration matter for
compensation unless that person is licensed to practice law. Additionally, the bill provides
certain prohibitions even if compensation is not sought. The bill requires a person or business
who is not a licensed attorney that is offering immigration services to post a conspicuous notice
on its website and at its place of business in English and in every other language in which the
person or business provides or offers immigration assistance.
The bill takes effect July 1, 2025.
BILL: CS/SB 846 Page 2
II. Present Situation:
Notaries Public in Florida
A notary public is a public officer under the Florida Constitution,1 and “an impartial agent of the
state.” 2 As a public officer, notaries public are constitutionally required to give a bond (as
required by law) and swear or affirm to uphold the Constitutions of the United States and
Florida.3 Notaries public are appointed and commissioned by the Governor to four-year terms,4
and are authorized under Florida law to perform six basic duties:
• Administer oaths or affirmations;5
• Take acknowledgments;6
• Solemnize marriages;7
• Attest to photocopies;8
• Verify vehicle identification numbers (VINs);9 and
• Certify the contents of a safe-deposit box.10
A notary public may only exercise the foregoing duties within the physical boundaries of the
State of Florida.11 Generally, a notary public may not charge more than $10 per notarial act and
may not charge a fee for notarizing a vote-by-mail ballot.12
A notary public may provide an electronic signature that is unique, verifiable, under the notary
public’s sole control, and attached to a document in a way revealing any subsequent alteration.13
When an electronic signature must be accompanied by a notary public seal, the requirement is
met when the notary public includes his or her full name as provided in the notary public’s
application for commission, the words “Notary Public State of Florida,” the expiration date of
the notary public’s commission, and the notary public’s commission number.14 The seal must
also be applied to all notarized paper documents using a rubber stamp containing the foregoing
information.15 The rubber stamp seal must be affixed to the notarized paper document in
photographically reproducible black ink. Every notary public must print, type, or stamp below
his or her signature on a paper document his or her name exactly as commissioned.16
1
Art. II, § 5(c), Fla. Const.
2
58 AM. JUR. 2D Notaries Public § 1.
3
See s. 117.01(3) & (7), F.S., ((3) requiring that, as part of oath, the applicant must swear he or she has read ch. 117, F.S.,
and knows the duties, responsibilities, limitations, and powers of a notary; (7) requiring that notaries give a bond in the
amount of $7,500 in the event the notary breaches duties, of which is to be kept on file with the Department of State). Section
117.01(1), F.S., requires a notary to be able to read, write, and understand the English language.
4
Section 117.01(1), F.S.
5
Section 117.03, F.S.
6
Section 117.04, F.S.
7
Section 117.045, F.S.
8
Section 117.05(12)(a), F.S.
9
Section 319.23(3)(a)2., F.S.
10
Section 655.94(1), F.S.
11
Section 117.01(1), F.S.
12
Section 117.05(2), F.S.
13
Section 117.021(2), F.S.
14
Section 117.021(3), F.S.
15
Section 117.05(3), F.S.
16
Id.
BILL: CS/SB 846 Page 3
Additionally, as a public officer, a notary public is held to high standards and is subject to
discipline, including suspension by the Governor and removal by the Senate, for malfeasance,
misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official
duties, or commission of a felony.17 A notary public is also subject to criminal penalties for
certain unlawful uses of the notary public commission (such as notarizing his or her own
signature),18 and liable to pay fees for certain civil infractions (such as notarizing a document
when the signor is not in the notary public’s presence).19
Becoming a Notary Public in Florida
In order to be eligible to become a notary public in Florida, a person must:
• Be at least 18 years of age;
• Be a Florida resident or permanent resident alien with a recorded declaration of domicile;
• Maintain Florida residence throughout the appointment; and
• Be able to read, write, and understand the English language.20
To apply to be a notary public in Florida, the application form provided by the Department of
State must be completed, signed, sworn, and filed along with the appropriate applications fees.21
Because the bond must be attached, the bonding agency usually submits the application in both a
paper and electronic format.22 The oath of office and notary public bond must accompany the
notary public’s application when filed with the Department of State.23 Applicants must also
provide the following as part of the application:
• Personal identification information;
• Affidavit of good character from a reference who has known the applicant for at least one
year and is not a relative;
• Ten-year history of any licenses and discipline;
• Statement regarding whether the applicant has ever been convicted of a felony or had his or
her civil rights restored; and
• Any other information requested by the Governor’s office to confirm eligibility.24
Notary’s Duty to Confirm Identity
One of the notary public’s primary duties is to verify the identity of the person who is signing a
document. If the person is personally known to the notary public or provides “satisfactory
evidence” by producing valid identification or witnesses or both verifying that the person is who
he or she claims to be, the notary public may notarize the document.25
17
FLA. CONST., Art. IV, s. 7.
18
Section 117.05(1), F.S. (providing violation is a third degree felony). See also s. 117.05(3)(d), (7), and (8), F.S.;
s. 117.105, F.S.; s. 117.107(9), F.S.
19
Section 117.107(9), F.S. (providing violation is a civil infraction punishable by a fine of up to $5,000).
20
See supra note 5.
21
Section 117.01(2), F.S. (requiring $25 application fee, $10 commission fee, and $4 educational surcharge, except that the
commission fee is waived for veterans with a 50 percent disability).
22
See supra note 5 at p. 7.
23
Section 117.01(2), F.S.
24
Id.
25
Section 117.05(5), F.S.
BILL: CS/SB 846 Page 4
Prohibited Acts
Section 117.107, F.S., specifies prohibited acts by notaries. A notary public may not:
• Use a name or initial in signing certificates other than that by which the notary public is
commissioned.
• Sign notarial certificates using a facsimile signature stamp unless the notary public has a
physical disability that limits or prohibits his or her ability to make a written signature and
unless the notary public has first submitted written notice to the Department of State with an
exemplar of the facsimile signature stamp. This does not apply to or prohibit the use of an
electronic signature and seal by a notary public who is registered as an online notary public
to perform an electronic or online notarization in accordance with ch. 117, F.S.
• Affix his or her signature to a blank form of affidavit or certificate of acknowledgment and
deliver that form to another person with the intent that it be used as an affidavit or
acknowledgment.
• Take the acknowledgment of or administer an oath to a person whom the notary public
actually knows to have been adjudicated mentally incapacitated by a court of competent
jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has
been removed, and where the person has not been restored to capacity as a matter of record.
• Notarize a signature on a document if it appears that the person is mentally incapable of
understanding the nature and effect of the document at the time of notarization.
• Take the acknowledgment of a person who does not speak or understand the English
language, unless the nature and effect of the instrument to be notarized is translated into a
language which the person does understand.
• Change anything in a written instrument after it has been signed by anyone.
• Amend a notarial certificate after the notarization is complete.
• Notarize a signature on a document if the person whose signature is being notarized does not
appear before the notary public either by means of physical presence or by means of audio-
video communication technology as authorized under part II of ch. 117, F.S., at the time the
signature is notarized. Any notary public who violates this prohibition is guilty of a civil
infraction, punishable by penalty not exceeding $5,000, and such violation constitutes
malfeasance and misfeasance in the conduct of official duties.
• Notarize a signature on a document if the document is incomplete or blank. However, an
endorsement or assignment in blank of a negotiable or nonnegotiable note and the
assignment in blank of any instrument given as security for such note is not deemed
incomplete.
• Notarize a signature on a document if the person whose signature is to be notarized is the
spouse, son, daughter, mother, or father of the notary public.
• Notarize a signature on a document if the notary public has a financial interest in or is a party
to the underlying transaction; however, a notary public who is an employee may notarize a
signature for his or her employer, and this employment does not constitute a financial interest
in the transaction nor make the notary a party to the transaction as long as he or she does not
receive a benefit other than his or her salary and the fee for services as a notary public
authorized by law.
BILL: CS/SB 846 Page 5
Unlicensed Practice of Law
Florida’s Constitution gives the Supreme Court of Florida the power to regulate the conduct of
attorneys, and the Supreme Court of Florida has given The Florida Bar the duty to investigate
and take action against the unlicensed practice of law.26
Unlicensed Practice of Law (UPL) committees investigate instances of unlicensed practice of
law.27 The Florida Bar prosecutions are filed with the Supreme Court of Florida and trials are
held before judges, called referees, appointed by the court.28 The Florida Bar acts as prosecutor
in UPL cases.29Additionally, the unlicensed practice of law is a third-degree felony.30
Federal Immigration Enforcement
Any executive or administrative state, county, or municipal officer who violates his or her duties
under ch. 908, F.S., may be subject to action by the Governor in the exercise of his or her
authority under the Florida Constitution and Florida law.31 The Governor may initiate judicial
proceedings in the name of the state against such officers to enforce compliance with any duty
under ch. 908, F.S., or restrain any unauthorized act.32 In addition, the Attorney General may file
suit against a local governmental entity or local law enforcement agency in a court of competent
jurisdiction for declaratory or injunctive relief for a violation of ch. 908, F.S.33
If a local governmental entity or local law enforcement agency violates ch. 908, F.S., the court
must enjoin the unlawful sanctuary policy.34 The court has continuing jurisdiction over the
parties and subject matter and may enforce its orders with the initiation of contempt proceedings
as provided by law.35 An order approving a consent decree or granting an injunction must
include written findings of fact that describe with specificity the existence and nature of the
sanctuary policy that is in violation.36
III. Effect of Proposed Changes:
Section 1 amends s. 117.05(11), F.S., to prohibit the literal translation of the phrase “Notary
Public” into a language other than English, and a person who violates this prohibition is subject
to the penalties in s. 117.107(13)(b), F.S.
26
The Florida Bar, Unlicensed Practice of Law – Consumer Help, available at https://www.floridabar.org/rules/upl/upl001/
(last visited Mar. 26, 2025). See also R. Regul. Fl. Bar 10-1.1. See also Art. V, § 15, Fla. Const. Ses also s. 454.021, F.S.
27
The Florida Bar, Who Regulates the Conduct of Nonlawyers When They Are Acting Like Lawyers?, available at
https://www.floridabar.org/public/consumer/pamphlet012/#whoregulates (last visited Mar. 26, 2025).
28
Id.
29
Id.
30
Section 454.23, F.S. See also ss. 775.082 and 775.083, F.S. A third degree felony is punishable by imprisonment not to
exceed 5 years and a fine not to exceed $5,000.
31
Section 908.107, F.S.
32
Id.
33
Id.
34
Id.
35
Id.
36
Id.
BILL: CS/SB 846 Page 6
Section 2 prohibits a notary public who does not hold an active license to practice law in a state,
territory, or jurisdiction of the United States and is not otherwise authorized to practice law or
represent others under federal law in an immigration matter from advertising his or her notary
public services. Additionally, a notary public who does not hold an active license may not use
the term notario público notario, immigration assistant, immigration consultant, immigration
specialist, or any other designation or title, in any language, which conveys or implies that he or
she possesses professional legal skills in immigration law.
The bill provides that for a violation of s. 117.107(13)(a), F.S. and s. 117.05(11), F.S.:
• The Attorney General, a state attorney, or a city attorney may file suit against the appropriate
party in a court of competent jurisdiction for declaratory or injunctive relief;
• An aggrieved person or an entity may, in an appropriate state court, bring a civil action for
injunctive relief or to recover for actual monetary loss from such a violation, plus an amount
equal to treble the amount of actual damages or $1,000 per violation, whichever is greater;
and
• If a person or an entity prevails in a civil action for injunctive relief, the person or entity is
entitled to recover reasonable attorney fees and costs.
Section 3 amends s. 908.107, F.S., to provide that the Attorney General, a state attorney, or a
city attorney may file suit against a local governmental entity, or local law enforcement agency,
or any other appropriate party in a court of competent jurisdiction for declaratory or injunctive
relief for a violation of ch. 908, F.S.
Section 4 creates s. 908.113, F.S., and provides the following prohibitions:
• Persons may not, other than those licensed to practice law in a state, territory, or jurisdiction
of the United States or otherwise authorized to practice law or represent others under federal
law in an immigration matter, engage in the practice of law in an immigration matter for
compensation.
• Persons may not, other than those licensed to practice law in a state, territory, or jurisdiction
of the United States or otherwise authorized to practice law or represent others under federal
law in an immigration matter, engage in the following acts or practices for compensation:
o Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa,
or program to apply for in an immigration matter;
o Soliciting to prepare documents for, or otherwise representing the interests of, another in
a judicial or administrative proceeding in an immigration matter;
o Explaining, advising, or otherwise interpreting the meaning or intent of a question on a
governmental agency form in an immigration matter;
o Charging a fee for referring another to a person licensed to practice law that such person
may perform; and
o Selecting, drafting, or completing legal documents affecting the legal rights of another in
an immigration matter.
The bill establishes that a person or business offering immigration services, other than those
persons or businesses holding active licenses to practice law in Florida or otherwise permitted to
practice law or represent others under federal law in an immigration matter, must post
conspicuous notices on its main website and at its place of business in English and every other
language in which the person or business proves or offers immigration assistance with the
following statement:
BILL: CS/SB 846 Page 7
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT
ACCREDITED TO REPRESENT YOU IN IMMIGRATION MATTERS.
The bill prohibits persons, other than those holding an active license to practice law in a state of
the United States or otherwise authorized to practice law or represent others under federal law in
an immigration matter, engage in the following acts or practices, regardless of whether
compensation is sought:
• Representing, either orally or in any document, letterhead, advertisement, stationery,
business card, website, or other comparable written material, that he or she is a notario
público, notario, immigration assistant, immigration consultant, immigration specialist, or
using any other designation or title, in any language, that conveys or implies that he or she
possesses professional legal skills in the area of immigration law, and
• Representing, in any language, either orally or in any document, letterhead, advertisement,
stationery, business card, website, or other comparable written material, that he or she can or
is willing to provide services in an immigration matter, if such services would constitute the
practice of law.
The provisions prohibiting the unlicensed practice of law in the bill do not apply to the activities
of nonlawyer assistants acting under the supervision of a person holding an active license to
practice law in Florida or otherwise authorized to practice law or represent others under federal
law in an immigration matter. Additionally, a person is not prohibited from offering translation
or interpretation services, regardless of whether compensation is sought. Translating words
contained on a governmental form from English to another language and translating a person’s
words from another language to English does not constitute the unauthorized practice of law.
The bill takes effect, July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
BILL: CS/SB 846 Page 8
E. Other Constitutional Issues:
None Identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
More actions may be brought in court to enforce the provisions in the bill and grant relief
to aggrieved parties.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Section 117.01(4)(f), F.S., provides that the unauthorized practice of law constitutes
malfeasance, misfeasance, or neglect of duty, and authorizes the Governor to suspend a notary
public.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 117.05, 117.107,
908.107.
This bill creates s. 908.113 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 25, 2025:
The committee substitute removes the requirement that an action be set for trial at the
earliest possible date and take precedence over all other cases for violations of ss.
117.107(13)(a) and 117.05(11), F.S., which are the sections of the bill restricting the use
of the phrase "notary public" into a language other than English and prohibiting a notary
public who does not hold an active law license from practicing law. The committee
substitute removes the provision providing a private right of action and damages for
BILL: CS/SB 846 Page 9
violations of ch. 908, F.S., which is the chapter that provides the framework for federal
immigration enforcement. Additionally, the committee substitute removes certain
provisions in s. 908.113, F.S., which is the section of the bill providing fraud protection
for the unlicensed or unauthorized practice of law, and lists certain prohibitions for
individuals other than those authorized to practice law relating to assisting individuals in
immigration matters.
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 - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 846 Bill No. SB 846
Ì496196RÎ496196 Ì496196RÎ496196
LEGISLATIVE ACTION 11 a language other than English is prohibited in an advertisement
Senate . House 12 for notarial services. A person who violates this subsection is
Comm: RCS . 13 subject to the penalties in s. 117.107(13)(b).
03/25/2025 . 14 Section 2. Subsection (13) is added to section 117.107,
. 15 Florida Statutes, to read:
. 16 117.107 Prohibited acts.—
. 17 (13)(a) A notary public, who does not hold an active
18 license to practice law in a state, territory, or jurisdiction
19 of the United States and is not otherwise authorized to practice
20 law or represent others under federal law in an immigration
21 matter, may not, when advertising his or her notary public
22 services, use the term notario público, notario, immigration
23 assistant, immigration consultant, immigration specialist, or
24 any other designation or title, in any language, which conveys
25 or implies that he or she possesses professional legal skills in
The Committee on Commerce and Tourism (Polsky) recommended the 26 immigration law.
following: 27 (b) For a violation of paragraph (a) or s. 117.05(11):
28 1. The Attorney General, a state attorney, or a city
1 Senate Amendment (with title amendment) 29 attorney may file suit against the appropriate party in a court
2 30 of competent jurisdiction for declaratory or injunctive relief.
3 Delete everything after the enacting clause 31 2. An aggrieved person or an entity may, in an appropriate
4 and insert: 32 state court, bring a civil action for injunctive relief or to
5 Section 1. Subsection (11) of section 117.05, Florida 33 recover for actual monetary loss from such a violation, plus an
6 Statutes, is amended to read: 34 amount equal to treble the amount of actual damages or $1,000
7 117.05 Use of notary commission; unlawful use; notary fee; 35 per violation, whichever is greater.
8 seal; duties; employer liability; name change; advertising; 36 3. If a person or an entity prevails in a civil action for
9 photocopies; penalties.— 37 injunctive relief, the person or entity is entitled to recover
10 (11) Literal translation of the phrase “Notary Public” into 38 reasonable attorney fees and costs.
39 Section 3. Subsection (2) of section 908.107, Florida
Page 1 of 6 Page 2 of 6
3/21/2025 7:54:31 AM 577-02154-25 3/21/2025 7:54:31 AM 577-02154-25
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 846 Bill No. SB 846
Ì496196RÎ496196 Ì496196RÎ496196
40 Statutes, is amended to read: 69 an immigration matter.
41 908.107 Enforcement.— 70 (d) Charging a fee for referring another to a person
42 (2) In addition, The Attorney General, a state attorney, or 71 licensed to practice law that such person may perform.
43 a city attorney may file suit against a local governmental 72 (e) Selecting, drafting, or completing legal documents
44 entity, or local law enforcement agency, or any other 73 affecting the legal rights of another in an immigration matter.
45 appropriate party in a court of competent jurisdiction for 74 (3) A person or business offering immigration services,
46 declaratory or injunctive relief for a violation of this 75 other than those persons or businesses holding active licenses
47 chapter. 76 to practice law in this state or otherwise permitted to practice
48 Section 4. Section 908.113, Florida Statutes, is created to 77 law or represent others under federal law in an immigration
49 read: 78 matter, must post conspicuous notices on its main website and at
50 908.113 Fraud protection.— 79 its place of business in English and every other language in
51 (1) Persons may not, other than those licensed to practice 80 which the person or business proves or offers immigration
52 law in a state, territory, or jurisdiction of the United States 81 assistance with the following statement:
53 or otherwise authorized to practice law or represent others 82
54 under federal law in an immigration matter, engage in the 83 I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
55 practice of law in an immigration matter for compensation. 84 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
56 (2) Persons may not, other than those licensed to practice 85 I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
57 law in a state, territory, or jurisdiction of the United States 86 MATTERS.
58 or otherwise authorized to practice law or represent others 87
59 under federal law in an immigration matter, engage in the 88 (4) Persons may not, other than those holding an active
60 following acts or practices for compensation: 89 license to practice law in a state of the United States or
61 (a) Selecting or assisting another in selecting, or 90 otherwise authorized to practice law or represent others under
62 advising another in selecting, a benefit, visa, or program to 91 federal law in an immigration matter, engage in the following
63 apply for in an immigration matter. 92 acts or practices, regardless of whether compensation is sought:
64 (b) Soliciting to prepare documents for, or otherwise 93 (a) Representing, either orally or in any document,
65 representing the interests of, another in a judicial or 94 letterhead, advertisement, stationery, business card, website,
66 administrative proceeding in an immigration matter. 95 or other comparable written material, that he or she is a
67 (c) Explaining, advising, or otherwise interpreting the 96 notario público, notario, immigration assistant, immigration
68 meaning or intent of a question on a governmental agency form in 97 consultant, immigration specialist, or using any other
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 846 Bill No. SB 846
Ì496196RÎ496196 Ì496196RÎ496196
98 designation or title, in any language, that conveys or implies 127 English; specifying the applicable penalties for
99 that he or she possesses professional legal skills in the area 128 violations; amending s. 117.107, F.S.; prohibiting
100 of immigration law. 129 notaries public from using specified terms to describe
101 (b) Representing, in any language, either orally or in any 130 themselves under certain circumstances; authorizing
102 document, letterhead, advertisement, stationery, business card, 131 declaratory or injunctive relief and civil actions for
103 website, or other comparable written material, that he or she 132 injunctive relief or to recover damages; providing for
104 can or is willing to provide services in an immigration matter, 133 the recovery of attorney fees and costs; amending s.
105 if such services would constitute the practice of law. 134 908.107, F.S.; authorizing certain entities to file
106 (5)(a) The prohibitions of subsections (1)-(4) do not apply 135 suit for declaratory or injunctive relief for certain
107 to the activities of nonlawyer assistants acting under the 136 violations; creating s. 908.113, F.S.; prohibiting
108 supervision of a person holding an active license to practice 137 certain persons from engaging in the practice of law
109 law in this state or otherwise authorized to practice law or 138 in immigration matters for compensation or engaging in
110 represent others under federal law in an immigration matter. 139 specified acts or practices for compensation in
111 (b) This section does not prohibit a person from offering 140 immigration matters; providing exceptions; requiring
112 translation or interpretation services, regardless of whether 141 certain persons or businesses offering immigration
113 compensation is sought. Translating words contained on a 142 assistance to make a specified disclosure; providing
114 governmental form from English to another language and 143 applicability; providing construction; providing an
115 translating a person’s words from another language to English 144 effective date.
116 does not constitute the unauthorized practice of law.
117 Section 5. This act shall take effect July 1, 2025.
118
119 ================= T I T L E A M E N D M E N T ================
120 And the title is amended as follows:
121 Delete everything before the enacting clause
122 and insert:
123 A bill to be entitled
124 An act relating to notary public fraud; amending s.
125 117.05, F.S.; prohibiting the literal translation of
126 the phrase “Notary Public” into a language other than
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Florida Senate - 2025 SB 846 Florida Senate - 2025 SB 846
By Senator Polsky
30-01159A-25 2025846__ 30-01159A-25 2025846__
1 A bill to be entitled 30
2 An act relating to notary public fraud; amending s. 31 Section 1. Subsection (11) of section 117.05, Florida
3 117.05, F.S.; prohibiting the literal translation of 32 Statutes, is amended to read:
4 the phrase “Notary Public” into a language other than 33 117.05 Use of notary commission; unlawful use; notary fee;
5 English; specifying the applicable penalties for 34 seal; duties; employer liability; name change; advertising;
6 violations; amending s. 117.107, F.S.; prohibiting 35 photocopies; penalties.—
7 notaries public from using specified terms to describe 36 (11) Literal translation of the phrase “Notary Public” into
8 themselves under certain circumstances; authorizing 37 a language other than English is prohibited in an advertisement
9 declaratory or injunctive relief and civil actions for 38 for notarial services. A person who violates this subsection is
10 injunctive relief or to recover damages; providing for 39 subject to the penalties in s. 117.107(13)(b).
11 the recovery of attorney fees and costs; providing for 40 Section 2. Subsection (13) is added to section 117.107,
12 expedited trials for such actions; amending s. 41 Florida Statutes, to read:
13 908.107, F.S.; authorizing certain entities to file 42 117.107 Prohibited acts.—
14 suit for declaratory or injunctive relief for certain 43 (13)(a) A notary public, who does not hold an active
15 violations; authorizing declaratory or injunctive 44 license to practice law in a state, territory, or jurisdiction
16 relief and civil actions for injunctive relief or to 45 of the United States and is not otherwise authorized to practice
17 recover damages; providing for the recovery of 46 law or represent others under federal law in an immigration
18 attorney fees and costs; providing for expedited 47 matter, may not, when advertising his or her notary public
19 trials for such actions; creating s. 908.113, F.S.; 48 services, use the term notario público, notario, immigration
20 prohibiting certain persons from engaging in the 49 assistant, immigration consultant, immigration specialist, or
21 practice of law in immigration matters for 50 any other designation or title, in any language, which conveys
22 compensation or specified acts or practices for 51 or implies that he or she possesses professional legal skills in
23 compensation in immigration matters; providing 52 immigration law.
24 exceptions; requiring certain persons or businesses 53 (b) For a violation of paragraph (a) or s. 117.05(11):
25 offering immigration assistance to make a specified 54 1. The Attorney General, a state attorney, or a city
26 disclosure; providing applicability; providing 55 attorney may file suit against the appropriate party in a court
27 construction; providing an effective date. 56 of competent jurisdiction for declaratory or injunctive relief.
28 57 2. An aggrieved person or an entity may, in an appropriate
29 Be It Enacted by the Legislature of the State of Florida: 58 state court, bring a civil action for injunctive relief or to
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59 recover for actual monetary loss from such a violation, plus an 88 trial at the earliest possible date and takes precedence over
60 amount equal to treble the amount of actual damages or $1,000 89 all other cases, except older matters of the same character and
61 per violation, whichever is greater. 90 matters to which special preference may be given by law.
62 3. If a person or an entity prevails in a civil action for 91 Section 4. Section 908.113, Florida Statutes, is created to
63 injunctive relief, the person or entity is entitled to recover 92 read:
64 reasonable attorney fees and costs. 93 908.113 Fraud protection.—
65 4. An action must be set for trial at the earliest possible 94 (1) Persons may not, other than those licensed to practice
66 date and takes precedence over all other cases, except older 95 law in a state, territory, or jurisdiction of the United States
67 matters of the same character and matters to which special 96 or otherwise authorized to practice law or represent others
68 preference may be given by law. 97 under federal law in an immigration matter, engage in the
69 Section 3. Subsection (2) of section 908.107, Florida 98 practice of law in an immigration matter for compensation.
70 Statutes, is amended, and subsections (5), (6), and (7) are 99 (2) Persons may not, other than those licensed to practice
71 added to that section, to read: 100 law in a state, territory, or jurisdiction of the United States
72 908.107 Enforcement.— 101 or otherwise authorized to practice law or represent others
73 (2) In addition, The Attorney General, a state attorney, or 102 under federal law in an immigration matter, engage in the
74 a city attorney may file suit against a local governmental 103 following acts or practices for compensation:
75 entity, or local law enforcement agency, or any other 104 (a) Advising or assisting another person in determining the
76 appropriate party in a court of competent jurisdiction for 105 person’s legal status for the purpose of an immigration matter.
77 declaratory or injunctive relief for a violation of this 106 (b) Selecting, assisting another in selecting, or advising
78 chapter. 107 another as to his or her answers on a governmental agency form
79 (5) An aggrieved person or an entity may, in an appropriate 108 or document in an immigration matter. However, a person who
80 state court, bring a civil action for injunctive relief for a 109 provides or offers to provide immigration assistance services
81 violation of this chapter to recover for actual monetary loss 110 may perform the following services:
82 from such a violation, plus an amount equal to treble the amount 111 1. Completing a governmental agency form, requested by the
83 of actual damages or $1,000 per violation, whichever is greater. 112 customer and appropriate to the customer’s needs, only if the
84 (6) If a person or an entity prevails in a civil action for 113 completion of that form does not involve a legal judgment for
85 injunctive relief, the person or entity is entitled to recover 114 that particular matter.
86 reasonable attorney fees and costs. 115 2. Transcribing responses to a governmental agency form
87 (7) An action brought under this chapter must be set for 116 that is related to an immigration matter, but not advising a
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117 customer as to his or her answers on the form. 146 (e) Explaining, advising, or otherwise interpreting the
118 3. Translating and interpreting information on forms 147 meaning or intent of a question on a governmental agency form in
119 related to immigration matters for a customer and translating 148 an immigration matter.
120 the customer’s answers to questions posed on such forms. 149 (f) Charging a fee for referring another to a person
121 4. Securing for the customer supporting documents, such as 150 licensed to practice law that such person may perform.
122 birth and marriage certificates, which may be needed to be 151 (g) Selecting, drafting, or completing legal documents
123 submitted with governmental agency forms. 152 affecting the legal rights of another in an immigration matter.
124 5. Translating documents from any language into English. 153 (3) A person or business offering immigration services,
125 6. Notarizing signatures on governmental agency forms 154 other than those persons or businesses holding active licenses
126 related to immigration matters, if the person performing the 155 to practice law in this state or otherwise permitted to practice
127 service is a notary public of this state. 156 law or represent others under federal law in an immigration
128 7. Making referrals, without fee, to an attorney authorized 157 matter, must post conspicuous notices on its main website and at
129 to undertake legal representation for a person in an immigration 158 its place of business in English and every other language in
130 matter. 159 which the person or business proves or offers immigration
131 8. Preparing or arranging for the preparation of 160 assistance with the following statement:
132 photographs and fingerprints. 161
133 9. Arranging for the performance of medical testing, 162 I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY
134 including X-rays and AIDS tests, and obtaining the results of 163 NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
135 such tests. 164 I AM NOT ACCREDITED TO REPRESENT YOU IN IMMIGRATION
136 10. Conducting English language and civics courses. 165 MATTERS.
137 11. Other services that the Attorney General determines by 166
138 rule that such person may perform in furthering the purposes of 167 (4) Persons may not, other than those holding an active
139 this section. 168 license to practice law in a state of the United States or
140 (c) Selecting or assisting another in selecting, or 169 otherwise authorized to practice law or represent others under
141 advising another in selecting, a benefit, visa, or program to 170 federal law in an immigration matter, engage in the following
142 apply for in an immigration matter. 171 acts or practices, regardless of whether compensation is sought:
143 (d) Soliciting to prepare documents for, or otherwise 172 (a) Representing, either orally or in any document,
144 representing the interests of, another in a judicial or 173 letterhead, advertisement, stationery, business card, website,
145 administrative proceeding in an immigration matter. 174 or other comparable written material, that he or she is a
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175 notario público, notario, immigration assistant, immigration
176 consultant, immigration specialist, or using any other
177 designation or title, in any language, that conveys or implies
178 that he or she possesses professional legal skills in the area
179 of immigration law.
180 (b) Representing, in any language, either orally or in any
181 document, letterhead, advertisement, stationery, business card,
182 website, or other comparable written material, that he or she
183 can or is willing to provide services in an immigration matter,
184 if such services would constitute the practice of law.
185 (5)(a) The prohibitions of subsections (1)-(4) do not apply
186 to the activities of nonlawyer assistants acting under the
187 supervision of a person holding an active license to practice
188 law in this state or otherwise authorized to practice law or
189 represent others under federal law in an immigration matter.
190 (b) This section does not prohibit a person from offering
191 translation or interpretation services, regardless of whether
192 compensation is sought. Translating words contained on a
193 governmental form from English to another language and
194 translating a person’s words from another language to English
195 does not constitute the unauthorized practice of law.
196 Section 5. This act shall take effect July 1, 2025.
Page 7 of 7
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THE FLORIDA SENATE COMMITTEES:
Appropriations on Transportation, Tourism, and
Tallahassee, Florida 32399-1100 Economic Development, Vice Chair
Appropriations
Appropriations on Criminal and Civil Justice
Environment and Natural Resources
Ethics and Elections
Governmental Oversight and Accountability
Judiciary
Joint Administrative Procedures
SELECT COMMITTEE:
Joint Select Committee on Collective Bargaining
SENATOR TINA SCOTT POLSKY
30th District
March 5, 2025
Chairman Thomas Leek
Committee on Commerce and Tourism
310 Knott Building
404 S. Monroe Street
Tallahassee, FL 32399-1100
Chair Leek,
I respectfully request that you place SB 846, relating to Notary Public Fraud on the agenda of the
Committee on Commerce and Tourism, at your earliest convenience.
Should you have any questions or concerns, please feel free to contact me or my office. Thank
you in advance for your consideration.
Kindest Regards,
Senator Tina S. Polsky
Florida Senate, District 30
cc: Todd McKay, Staff Director
Renita Hayes, Administrative Assistant
REPLY TO:
❑ 5301 North Federal Highway, Suite 135, Boca Raton, Florida 33487 (561) 443-8170
❑ 220 Senate Building, 404 South Monroe Street, Tallahassee, Florida 32399-1100 (850) 487-5030
Senate’s Website: www.flsenate.gov
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
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 854
INTRODUCER: Senator Ingoglia
SUBJECT: Consumer Protection
DATE: March 24, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Renner McKay CM Favorable
2. CJ
3. FP
I. Summary:
SB 854 creates s. 501.0195, F.S., to require unlicensed vendors who receive money as an initial
payment for providing home repair services to apply for permits within 30 days of receiving
payment and initiate the work within 30 days if no permit is required, or initiate work within 30
days after the issuance of a permit.
Unless the customer agreed in writing to a longer period, an unlicensed vendor who has received
payment fails to apply for permits within 30 days of receiving payment and initiate the work
within 30 days if no permit is required, or initiate work within 30 days after the issuance of a
permit, commits:
• A first degree misdemeanor if the total money received is less than $1,000.
• A third degree felony if the total money received is less than $1,000 and the unlicensed
vendor has committed a second or subsequent violation within a 3-year period.
• A third degree felony if the total money received is greater than $1,000 but less than $20,000.
• A second degree felony if the total money received is greater than $20,000 but less than
$200,000.
• A first degree felony if the total amount received is greater than $200,000.
If an unlicensed vendor has just cause for failing to apply for the necessary permits or start the
work, the unlicensed vendor has a complete defense against the crime.
The bill defines an unlicensed vendor as a person who provides residential home services
without being a licensed contractor.
There is a rebuttable presumption that a contractor does not have just cause if the owner sends a
certified letter to the contractor demanding that the contractor apply for permits, start work, or
refund the money and the contractor fails to apply for the permits, start the work, or refund the
BILL: SB 854 Page 2
payment within 30 days of receiving the letter. The burden is on the contractor to prove just
cause or rebut the presumption that the contractor does not have just cause.
The bill specifies that it is prima facie evidence that an unlicensed vendor received money to
provide services in an amount that exceeds the value of the work he or she performed if:
• The unlicensed vendor failed to perform any work for 30 days;
• The failure to perform the work was not related to the owner terminating or materially
breaching the contract; or
• The unlicensed vendor failed to perform work without just cause or terminated the contract
without proper notice to the owner.
There is a rebuttable presumption that an unlicensed vendor does not have just cause if the owner
sent a certified letter to the unlicensed vendor demanding that the unlicensed vendor perform
work or refund the money in excess of the value of the work performed, and the unlicensed
vendor does not refund the money or perform work within 30 days of receiving the letter.
The bill provides that the burden is on the unlicensed vendor to prove just cause or rebut the
presumption that the unlicensed vendor does not have just cause.
The bill amends s. 501.022, F.S., relating to the requirements for Home Solicitation Sale permits
to specify that business cards do not qualify as samples, catalogs, or brochures for solicitors,
salespersons, and agents involved in sales or leases and thus do not need to obtain a permit.
The bill may have a positive indeterminate fiscal impact (unquantifiable increase in prison and
jail beds) on the Department of Corrections and local jails. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
II. Present Situation:
Background
A contractor is a person who takes on a job or submits a bid to construct, repair, alter, remodel,
add to, demolish, subtract from, or improve any building or structure, including related
improvements to real estate, or for resale to others, and who has a job scope substantially similar
to one or more of those described in s. 489.105(3)(a)-(q), F.S.1
1
These job scopes include a: general contractor, building contractor, residential contractor, sheet metal contractor, roofing
contractor, class A air-conditioning contractor, class B air-conditioning contractor, class C-air-conditioning contractor,
mechanical contractor, commercial pool/spa contractor, residential pool/spa contractor, swimming pool/spa servicing
contractor, plumbing contractor, underground utility and excavation contractor, solar contractor, pollutant storage systems
contractor, and specialty contractor.
BILL: SB 854 Page 3
Criminal Offenses
Construction Theft
A contractor commits theft under s. 489.126, F.S., if the contractor receives money totaling more
than 10 percent of the contract price for repair, restoration, improvement, or construction to
residential real property and failed to:2
• Apply for any necessary permits within 30 days after the payment is made, or
• Start the work within 90 days after the date all necessary permits are issued; and
• The person who made the payment did not agree, in writing, to a longer person of time to
apply for the necessary permits, to start the work, or to longer periods for both.
If a contractor has just cause for failing to apply for the necessary permits or start the work, the
contractor has a complete defense against the charge that the contractor committed construction
theft. There is a rebuttable presumption that a contractor does not have just cause if:3
• The owner sent a certified letter to the contractor demanding that the contractor apply for
permits, start work, or refund the money; and
• The contractor failed to apply for the permits, start the work, or refund the payment within 30
days of receiving the letter.
The burden is on the contractor to prove just cause or rebut the presumption that the contractor
does not have just cause.
Construction Fraud
It is prima facie evidence that a contractor committed construction fraud, without consideration
of the intent of the contractor if the state shows that:4
• The contractor failed to perform any work for 90 days;
• The failure to perform the work during the 90-day period was not related to the owner
terminating or materially breaching the contract; or
• The contractor failed to perform work for the 90-day period without just cause or terminated
the contract without proper notice to the owner.
There is a rebuttable presumption that a contractor does not have just cause if the owner sent a
certified letter to the contractor demanding that the contractor perform work or refund the money
in excess of the value of the work performed, and the contractor does not refund the money or
perform work within 30 days of receiving the letter.5
A contractor must notify the property owner of the contract termination or explain the
contractor’s failure to perform. The contractor must send the notification by certified mail to the
last address provided in the written contracting agreement, or if none is listed or no written
2
Section 489.126(2)(a), F.S.
3
Section 489.126(2)(b), F.S.
4
Section 489.126(3)(b), F.S.
5
Id.
BILL: SB 854 Page 4
agreement exists the notification must be mailed to the address where work was to be performed
or to the address listed on the permit.6
Penalties
The penalties for construction theft and construction fraud and the offense levels are as follows:
Total Money Received Offense Level
≥ $200,000 First Degree Felony7
≥$20,000 but < $200,000 Second Degree Felony8
≥$1,000 but < $20,000 Third Degree Felony9
<$1,000 First Degree Misdemeanor10
From 2022 to 2025, 383 arrests and charges were filed, 377 charges were prosecuted, and 116
dispositions of guilt or adjudication were withheld on construction theft and fraud.11
Theft
A person commits theft when he or she knowingly obtains the property of another person with
the intent to permanently or temporarily deprive the other person of a right to the property or a
benefit from the property or appropriate the property to his or her own use or to the use of any
person not entitled to the use of the property.12 The defendant must have the intent to commit the
crime at the time of, or prior to, the taking.13
Permits Required for Home Solicitation Sales
A home solicitation sale is defined as a sale, lease, or rental of consumer goods or services that
takes place in a seller’s home and involves a purchase price of more than $25.14 To conduct a
home solicitation sale, the seller must obtain a Home Solicitation Sale permit.15 However, the
following solicitors are exempt from the permit requirement:
• Bona fide agents, business representatives, or salespersons making calls or soliciting orders
at the usual place of business of a customer regarding products or services for use in
connection with the customer’s business.
• Solicitors, salespersons, or agents making calls or business visits at the invitation of an
inhabitant of the premises or their agent.
6
Id.
7
A first degree felony is punishable by up to 30 years imprisonment and a $10,000 fine. Sections 775.082 and 775.083, F.S.
8
A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Sections 775.082 and 775.083,
F.S.
9
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
10
A first degree misdemeanor is punishable by up to 1 year in county jail and a $1,000 fine. Sections 775.082 and 775.083,
F.S.
11
Florida Office of State Courts Administrator, Statewide Criminal Actions, Fl. Stat. 489.126, F.S., January 1, 2022-March
20, 2025. On file with Senate Commerce and Tourism Committee.
12
Section 812.014(1)(a), F.S.
13
See Stramaglia v. State, 603 So. 2d 536, 537-38 (Fla. 4th DCA 1992).
14
Section 501.021(1), F.S.
15
Section 501.022(1)(a), F.S.
BILL: SB 854 Page 5
• Telephone solicitors, salespersons, or agents calling or visiting the home by express
invitation.
• Solicitors, salespersons, or agents conducting a sale, lease, or rental of consumer goods or
services by sample, catalog, or brochure for future delivery.
• Minors conducting home solicitation sales under adult supervision who holds a valid home
solicitation permit. Minors must carry certain personal identification.
• Sellers or their representatives regulated as to the sale of goods and services under chapters
475, F.S., (real estate brokers, sales associates, schools, and appraisers) and 495, F.S.,
(registration and protection of trademarks).
• Solicitors, salespersons, or agents making calls or soliciting orders for religious, charitable,
scientific, educational, or veterans’ organizations holding a sales tax exemption under s.
212.08(7), F.S.
III. Effect of Proposed Changes:
Section 1 creates s. 501.0195, F.S., to require unlicensed vendors who receive money as an
initial payment for providing home repair services to apply for permits within 30 days of
receiving payment and initiate the work within 30 days if no permit is required or initiate work
within 30 days after the issuance of a permit.
Unless the customer agreed in writing to a longer period, an unlicensed vendor who has received
payment fails to apply for permits within 30 days of receiving payment and initiate the work
within 30 days if no permit is required, or initiate work within 30 days after the issuance of a
permit, commits:
• A first degree misdemeanor if the total money received is less than $1,000.
• A third degree felony if the total money received is less than $1,000 and the unlicensed
vendor has committed a second or subsequent violation within a 3-year period.
• A third degree felony if the total money received is greater than $1,000 but less than $20,000.
• A second degree felony if the total money received is greater than $20,000 but less than
$200,000.
• A first degree felony if the total amount received is greater than $200,000.
If an unlicensed vendor has just cause for failing to apply for the necessary permits or start the
work, the unlicensed vendor has a complete defense against the crime.
The bill defines an unlicensed vendor as a person who is not a contractor and who provides or
promises to provide services related to a residential home or the extended parcel of land on
which the home is located, including, but not limited to, driveways, lawns, trees, gardens,
landscaping areas, walls, fences, or other vegetation or fixtures located on the premises.
There is a rebuttable presumption that a contractor does not have just cause if the owner sends a
certified letter to the contractor demanding that the contractor apply for permits, start work, or
refund the money and the contractor fails to apply for the permits, start the work, or refund the
payment within 30 days of receiving the letter. The burden is on the contractor to prove just
cause or rebut the presumption that the contractor does not have just cause.
BILL: SB 854 Page 6
The bill specifies that it is prima facie evidence that an unlicensed vendor received money to
provide services in an amount that exceeds the value of the work he or she performed if:
• The unlicensed vendor failed to perform any work for 30 days;
• The failure to perform the work was not related to the owner terminating or materially
breaching the contract; or
• The unlicensed vendor failed to perform work without just cause or terminated the contract
without proper notice to the owner.
There is a rebuttable presumption that an unlicensed vendor does not have just cause if the owner
sent a certified letter to the unlicensed vendor demanding that the unlicensed vendor perform
work or refund the money in excess of the value of the work performed, and the unlicensed
vendor does not refund the money or perform work within 30 days of receiving the letter.
The bill provides that the burden is on the unlicensed vendor to prove just cause or rebut the
presumption that the unlicensed vendor does not have just cause.
Section 2 amends s. 501.022, F.S., relating to the requirements for Home Solicitation Sale
permits to specify that business cards do not qualify as samples, catalogs, or brochures for
solicitors, salespersons, and agents involved in sales or leases and thus do not need to obtain a
permit.
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.
BILL: SB 854 Page 7
B. Private Sector Impact:
The bill may prevent or reduce fraud in performing certain residential home repair
services by unlicensed vendors.
C. Government Sector Impact:
The bill may have a positive indeterminate fiscal impact on the jail and prison bed
population by creating new criminal penalties for an unlicensed vendor who agrees to do
home repairs from an initial payment and doesn’t apply for a permit within 30 days, start
work within 30 days, or refund payment within 30 days.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 501.022 of the Florida Statutes.
This bill creates section 501.0195 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 - 2025 SB 854 Florida Senate - 2025 SB 854
By Senator Ingoglia
11-00182A-25 2025854__ 11-00182A-25 2025854__
1 A bill to be entitled 30 revising an exemption from permitting requirements for
2 An act relating to consumer protection; creating s. 31 certain solicitors, salespersons, and agents;
3 501.0195, F.S.; defining the term “unlicensed vendor”; 32 providing an effective date.
4 requiring an unlicensed vendor providing home repair 33
5 services to take certain actions within a specified 34 Be It Enacted by the Legislature of the State of Florida:
6 timeframe after receiving payment, except under 35
7 certain circumstances; requiring the homeowner or 36 Section 1. Section 501.0195, Florida Statutes, is created
8 homeowner’s representative to make a written demand in 37 to read:
9 a letter to the unlicensed vendor under certain 38 501.0195 Home repairs by unlicensed vendors.—
10 circumstances; providing requirements for such letter; 39 (1) For the purposes of this section, the term “unlicensed
11 providing a presumption against the existence of just 40 vendor” means a person who:
12 cause; prohibiting an unlicensed vendor who has 41 (a) Provides or promises to provide services related to a
13 received money in excess of the value of the work 42 residential home or the extended parcel of land on which the
14 performed from failing to perform such work within a 43 home is located, including, but not limited to, driveways,
15 specified period of time; providing elements of prima 44 lawns, trees, gardens, landscaping areas, walls, fences, or
16 facie evidence that an unlicensed vendor received 45 other vegetation or fixtures located thereon; and
17 money in excess of the value of the work performed; 46 (b) Is not a contractor as defined in s. 489.105.
18 providing requirements for proper notification of 47 (2)(a) An unlicensed vendor who receives money as an
19 contract termination; requiring the homeowner or the 48 initial payment for performance of services must do both of the
20 homeowner’s representative to draft and send a letter 49 following:
21 containing a written demand if the unlicensed vendor 50 1. Unless the work does not require a permit under the
22 fails to take certain action; providing requirements 51 applicable codes and ordinances, apply for permits necessary to
23 for such letter; providing a presumption against the 52 complete the work within 30 days after the date payment is made;
24 existence of just cause; providing that the burden is 53 and
25 on the unlicensed vendor to rebut this presumption; 54 2. If no permit is required, initiate the work within 30
26 providing for prosecution of violations; providing 55 days after the date of payment for the work or, if one or more
27 that a specified claim on the part of the unlicensed 56 permits are required, within 30 days after the issuance of such
28 vendor is not a defense to prosecution; providing 57 permits.
29 criminal penalties; amending s. 501.022, F.S.; 58 (b) Paragraph (a) does not apply to an unlicensed vendor
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59 who demonstrates just cause for his or her failure to apply for 88 home repair services in excess of the value of the work actually
60 necessary permits, initiate work, or refund a payment or when 89 performed shall perform all contracted work and may not refuse
61 the person who made an initial payment for the performance of 90 to perform such work for any 30-day period or for such other
62 home repair services agreed, in writing, to a longer timeframe 91 period of time that was mutually agreed upon and specified in
63 for such application, initiation of work, or issuance of a 92 the contract.
64 refund. 93 (b) If the unlicensed vendor fails to comply with paragraph
65 (c)1. If an unlicensed vendor fails to comply with the 94 (a), the homeowner or the homeowner’s representative must make a
66 requirements of paragraph (a), the homeowner or the homeowner’s 95 written demand to the unlicensed vendor in the form of a letter
67 representative must make a written demand in a letter to the 96 that includes a demand to perform work or to refund money
68 unlicensed vendor which includes a demand to apply for the 97 received in excess of the value of the work performed. Such
69 necessary permits, to complete the work, or to refund the 98 letter must be sent by certified mail, return receipt requested,
70 payment. Such letter must be sent by certified mail, with a 99 to the address of the unlicensed vendor as specified in the
71 return receipt requested, mailed to the address of the 100 contracting agreement. If no address for the unlicensed vendor
72 unlicensed vendor as listed in the contracting agreement. If 101 is specified in the contracting agreement, or if no written
73 there is no address for the unlicensed vendor listed in the 102 agreement exists, the homeowner or homeowner’s representative
74 contracting agreement, or if no written agreement exists, the 103 must mail the written demand letter to the address specified on
75 homeowner or the homeowner’s representative must mail the 104 the unlicensed vendor’s business card or, if no business card is
76 written demand letter to the address listed on the unlicensed 105 provided to the homeowner or homeowner’s representative, the
77 vendor’s business card. If no business card is provided, the 106 last known address of the unlicensed vendor.
78 homeowner or the homeowner’s representative must mail the 107 (c) The following constitutes prima facie evidence that the
79 written demand letter to the last known address of the 108 unlicensed vendor received money to provide services in an
80 unlicensed vendor. 109 amount that exceeds the value of the work he or she performed:
81 2. There is a presumption that an unlicensed vendor does 110 1. The unlicensed vendor failed to perform the work for
82 not have just cause if he or she fails to apply for the 111 which he or she was contracted, for a period of 30 days or more
83 necessary permits, start the work, or refund payments within 30 112 or for such other period of time as was mutually agreed upon and
84 days after receipt of a written demand from the person who made 113 specified in the contract;
85 the payment to apply for the necessary permits, start the work 114 2. The failure to timely perform such work was not related
86 or refund the payment. 115 to the homeowner’s termination of the contract or a material
87 (3)(a) An unlicensed vendor who receives money to perform 116 breach of the contract by the homeowner; and
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117 3. The unlicensed vendor’s failure to perform such work for 146 intended to deprive the homeowner of the right to the money owed
118 such period was without just cause or was due to his or her 147 or the benefit from such money and that the unlicensed vendor
119 improper termination of the contract without proper notification 148 appropriated the money for his or her own use, or to another
120 to the homeowner. 149 person not entitled to the use of the money, if the unlicensed
121 a. Proper notification to the homeowner of termination of 150 vendor fails to refund any portion of the money owed within 30
122 the contract requires that an unlicensed vendor issue a letter 151 days after receiving a written demand for such money from the
123 to the homeowner or the homeowner’s representative which 152 homeowner.
124 includes the reason for termination of the contract or for 153 (c) In a prosecution for a violation of this section, the
125 failure to perform. Such letter must be sent by certified mail, 154 claim that the unlicensed vendor intended to return the money
126 return receipt requested, to the address of the homeowner listed 155 owed is not a defense.
127 in the contracting agreement. If no written agreement exists, 156 (5) A person who violates paragraph (2)(a) commits:
128 the letter must be mailed to the address where the work was to 157 (a) A misdemeanor of the first degree, punishable as
129 be performed or, if applicable, to the address specified on the 158 provided in s. 775.082 or s. 775.083, if the total money
130 permit. 159 received is less than $1,000.
131 b. There is a presumption that an unlicensed vendor does 160 (b) A felony of the third degree, punishable as provided in
132 not have just cause for his or her action or inaction if he or 161 s. 775.082, s. 775.083, or s. 775.084, if the total money
133 she fails to perform the work or refund the money received in 162 received is less than $1,000 and the unlicensed vendor has
134 excess of the value of the work performed within 30 days after 163 committed a second or subsequent violation of paragraph (2)(a)
135 receiving such written demand. The burden is on the unlicensed 164 within a 3-year period.
136 vendor to rebut this presumption. 165 (c) A felony of the third degree, punishable as provided in
137 (4) A violation of paragraph (2)(a) or paragraph (3)(a) 166 s. 775.082, s. 775.083, or s. 775.084, if the total money
138 must be prosecuted in accordance with the following: 167 received is greater than or equal to $1,000 but less than
139 (a) The required intent to prove a criminal violation may 168 $20,000.
140 be shown to exist at the time that the unlicensed vendor 169 (d) A felony of the second degree, punishable as provided
141 appropriated the money to his or her own use and is not required 170 in s. 775.082, s. 775.083, or s. 775.084, if the total money
142 to be proven to exist at the time of receiving the money from 171 received is $20,000 or more but less than $200,000.
143 the homeowner or at the time the homeowner paid the unlicensed 172 (e) A felony of the first degree, punishable as provided in
144 vendor. 173 s. 775.082, s. 775.083, or s. 775.084, if the total money
145 (b) There is a presumption that an unlicensed vendor 174 received is $200,000 or more.
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175 (6) A person who violates paragraph (3)(a) commits: 204 1. Bona fide agents, business representatives, or
176 (a) A misdemeanor of the first degree, punishable as 205 salespersons making calls or soliciting orders at the usual
177 provided in s. 775.082 or s. 775.083, if the total money 206 place of business of a customer regarding products or services
178 received is less than $1,000. 207 for use in connection with the customer’s business.
179 (b) A felony of the third degree, punishable as provided in 208 2. Solicitors, salespersons, or agents making a call or
180 s. 775.082, s. 775.083, or s. 775.084, if the total money 209 business visit upon the express invitation, oral or written, of
181 received is less than $1,000 and the unlicensed vendor has had 210 an inhabitant of the premises or her or his agent.
182 more than one violation of paragraph (3)(a) within a 3-year 211 3. Telephone solicitors, salespersons, or agents making
183 period. 212 calls which involve transactions that are unsolicited by the
184 (c) A felony of the third degree, punishable as provided in 213 consumer and consummated by telephone and without any other
185 s. 775.082, s. 775.083, or s. 775.084, if the total money 214 contact between the buyer and the seller or its representative
186 received is greater than or equal to $1,000 but less than 215 before prior to delivery of the goods or performance of the
187 $20,000. 216 services.
188 (d) A felony of the second degree, punishable as provided 217 4. Solicitors, salespersons, or agents conducting a sale,
189 in s. 775.082, s. 775.083, or s. 775.084, if the total money 218 lease, or rental of consumer goods or services by sample,
190 received is $20,000 or more but less than $200,000. 219 catalog, or brochure for future delivery. For purposes of this
191 (e) A felony of the first degree, punishable as provided in 220 subparagraph, a business card does not constitute a sample,
192 s. 775.082, s. 775.083, or s. 775.084, if the total money 221 catalog, or brochure.
193 received is $200,000 or more. 222 5. Minors, as defined in s. 1.01(13), conducting home
194 Section 2. Subsection (1) of section 501.022, Florida 223 solicitation sales under the supervision of an adult supervisor
195 Statutes, is amended to read: 224 who holds a valid home solicitation sale permit. Minors excluded
196 501.022 Home solicitation sale; permit required.— 225 from operation of this section must, however, carry personal
197 (1)(a) It is unlawful for a any person to conduct a any 226 identification which includes their full name, date of birth,
198 home solicitation sale, as defined in s. 501.021, or to 227 residence address, and employer and the name and permit number
199 supervise excluded minors conducting such sales provided in 228 of their adult supervisor.
200 subparagraph (b)5., in this state without first obtaining a 229 6. Those sellers or their representatives that are
201 valid home solicitation sale permit as provided in this section. 230 currently regulated as to the sale of goods and services by
202 (b) The following are excluded from the operation of This 231 chapter 475 or chapter 497.
203 section does not apply to any of the following: 232 7. Solicitors, salespersons, or agents making calls or
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233 soliciting orders on behalf of a religious, charitable,
234 scientific, educational, or veterans’ institution or
235 organization holding a sales tax exemption certificate under s.
236 212.08(7).
237 Section 3. This act shall take effect July 1, 2025.
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THE FLORIDA SENATE COMMITTEES:
Banking and lnsurance, Chair
Environmenl and Natural Resources, Vice Chair
Tallahassee, Florida 32399-1 100 Appropriations Committee on Criminal and
Civil Justice
Appropriaiions Committee on Transportation,
Tourism, and Economic DeveloPment
Fiscal Policy
Regulated lndustries
Rules
JOINT GOMMITTEE:
Joint Committee on Public Counsel Oversight
SENATOR BLAISE INGOGLIA
11th District
February 28,2025
The Honorable Tom Leek, Chair
Committee on Commerce and Tourism
310 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
RE: SB 854 Consumer Protections
Chair Leek,
Senate Bill 854 has been referred to the Committee on Commerce and Tourism as
its first committee of reference. I respectfully ask that it be placed on the
committee agenda at your earliest convenience.
If I may answer questions or be of assistance, please do not hesitate to contact me.
Thank you for your leadership and consideration.
Regards
Blaise Ingoglia
State Senator, District I l
CC'd: Todd McKay, Jenniftr Renner, Renita Hayes
REPLY TO:
D 2943 Landover Boulevard, Spring Hill, Florida 34608 (352) 666-5707
O 306 Senate Building, 404 Soulh Monroe Street, Tallahassee, Florida 32399-'1 1 00 (850) 487-501 1
Senate's Website : www.fl se n ate.gov
BEN ALBRITTON JASON BRODEUR
President of the Senate President Pro Tempore
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 868
INTRODUCER: Commerce and Tourism Committee and Senator Ingoglia
SUBJECT: Social Media Use by Minors
DATE: March 26, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 868 provides that if law enforcement obtains a subpoena, then a social media platform
must provide a mechanism to decrypt end-to-end encryption or other data encryption features
that restrict the accessibility of messages on any account of a minor so that law enforcement may
view messages relevant to a criminal investigation involving a minor. Additionally, a social
media platform must allow a parent or legal guardian of a minor account holder to view all
messages, as well as prohibit a minor account holder from using or accessing messages that are
designed to disappear after a certain period of time or upon viewing, self-destructing messages,
or messages that are ephemeral in nature.
The bill takes effect July 1, 2025.
II. Present Situation:
Social Media Use for Minors
In 2024, the Florida Legislature passed a law limiting minors’ access to social media platforms.1
The law, in part, prohibits minors 13 years of age or younger from holding a social media
account, and requires parental consent for 14 and 15 year olds to hold an account.2
1
Ch. 2024-42, Laws of Fla.
2
See 501.1736, F.S.
BILL: CS/SB 868 Page 2
Definitions
The law provides the following definitions:3
• “Account holder” means a resident who opens an account or creates a profile or is identified
by the social media platform by a unique identifier while using or accessing a social media
platform when the social media platform knows or has reason to believe the resident is
located in Florida.
• “Daily active users” means the number of unique users in the United States who used the
online forum, website, or application at least 80 percent of the days during the previous 12
months, or if the online forum, website, or application did not exist during the previous 12
months, the number of unique users in the United States who used the online forum, website,
or application at least 80 percent of the days during the previous month.
• “Resident” means a person who lives in Florida for more than 6 months of the year.
• “Social media platform” means an online forum, website, or application that satisfies each of
the following criteria:
o Allows users to upload content or view the content or activity of other users;
o Ten percent or more of the daily active users who are younger than 16 years of age spend
on average 2 hours per day or longer on the online forum, website, or application on the
days when using the online forum, website, or application during the previous 12 months
or, if the online forum, website, or application did not exist during the previous 12
months, during the previous month;
o Employs algorithms that analyze user data or information on users to select content for
users; and
o Has any of the following addictive features:
o Infinite scrolling, which means either continuously loading content, or content that
loads as the user scrolls down the page without the need to open a separate page, or
seamless content or the use of pages with no visible or apparent end or pagebreaks;
o Push notifications or alerts sent by the online forum, website, or application to inform
a user about specific activities or events related to the user's account;
o Displays personal interactive metrics that indicate the number of times other users
have clicked a button to indicate their reaction to content or have shared or reposted
the content;
o Auto-play video or video that begins to play without the user first clicking on the
video or on a play button for that video; and
o Live-streaming or a function that allows a user or advertiser to broadcast live video
content in real-time.
o The term does not include an online service, website, or application where the exclusive
function is e-mail or direct messaging consisting of text, photographs, pictures, images,
or videos shared only between the sender and the recipients, without displaying or
posting publicly or to other users not specifically identified as the recipients by the
sender.
Minors Under 14
For minors under 14 years of age, the law requires a social media platform to:4
3
Section 501.1736(1), F.S.
4
Section 501.1736(2), F.S.
BILL: CS/SB 868 Page 3
• Prohibit a minor who is younger than 14 years of age from entering into a contract with a
social media platform to become an account holder.
• Terminate any account held by an account holder younger than 14 years of age, including
accounts that the social media platform treats or categorizes as belonging to an account
holder who is likely younger than 14 years of age for purposes of targeting content or
advertising.
o The social media platform must provide 90 days for an account holder to dispute such
termination. Termination must be effective upon the expiration of the 90 days if the
account holder fails to effectively dispute the termination.
• Allow an account holder younger than 14 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.
• Allow the confirmed parent or guardian of an account holder younger than 14 years of age to
request the minor's account be terminated. Termination must be effective within 10 business
days after such request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.
Minors 14 or 15 Years of Age
For minors who are 14 or 15 years of age, the law provides the following:5
• Requires a social media platform to prohibit a minor who is 14 or 15 years of age from
entering into a contract with a social media platform to become an account holder, unless the
minor's parent or guardian provides consent for the minor to become an account holder.
• Terminate any account held by an account holder who is 14 or 15 years of age, including
accounts that the social media platform treats or categorizes as belonging to an account
holder who is likely 14 or 15 years of age for purposes of targeting content or advertising, if
the account holder's parent or guardian has not provided consent for the minor to create or
maintain the account.
o The social media platform must provide 90 days for an account holder to dispute such
termination. Termination must be effective upon the expiration of the 90 days if the
account holder fails to effectively dispute the termination.
• Allow an account holder who is 14 or 15 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.
• Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to
request that the minor's account be terminated. Termination must be effective within 10
business days after such request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.
If a court enjoins the enforcement of the provisions for minors 14 or 15 years of age, or such
provision caused a court to otherwise enjoin enforcement of any other of the provisions, then the
provision is severed, and the following comes into effect:6
• A social media platform must prohibit a minor who is 14 or 15 years of age from entering
into a contract with a social media platform to become an account holder.
5
Section 501.1736(3), F.S.
6
Section 501.1736(4), F.S.
BILL: CS/SB 868 Page 4
• A social media platform must:
o Terminate any account held by an account holder who is 14 or 15 years of age, including
accounts that the social media platform treats or categorizes as belonging to an account
holder who is likely 14 or 15 years of age for purposes of targeting content or advertising.
The social media platform must provide 90 days for an account holder to dispute such
termination. Termination must be effective upon the expiration of 90 days if the account
holder fails to effectively dispute the termination.
o Allow an account holder who is 14 or 15 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.
o Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age
to request that the minor's account be terminated. Termination must be effective within
10 business days after such request.
o Permanently delete all personal information held by the social media platform relating to
the terminated account, unless there are legal requirements to maintain such information.
Violations and Enforcement
Knowing or reckless violation of the requirements for minor users under 14 years of age or the
requirements for minor users under 16 years of age by a social media platform is an unfair and
deceptive trade practice actionable under the Florida Deceptive and Unfair Trade Practices Act
(FDUTPA) solely by the Department of Legal Affairs (DLA).7 In addition to other FDUTPA
remedies, the DLA may collect a civil penalty of up to $50,000 per violation and reasonable
attorney fees and court costs. When the social media platform's failure to comply with such
requirements is a consistent pattern of knowing or reckless conduct, punitive damages may be
assessed against the social media platform.8
A social media platform that knowingly or recklessly violates the requirements for minor users
under 14 years of age or the requirements for minor users under 16 years of age is liable to such
minor account holder, including court costs and reasonable attorney fees as ordered by the court.
Claimants may be awarded up to $10,000 in damages. Such an action must be brought within 1
year from the date the complainant knew, or reasonably should have known, of the alleged
violation.9
Actions may only be brought on behalf of a resident minor,10 and do not preclude any other
available remedy at law or equity against such social media platform.11
For purposes of bringing an action, a social media platform that allows a minor account holder
younger than 14 years of age or a minor account holder who is 14 or 15 years of age to create an
account on such platform is considered to be both engaged in substantial and not isolated
activities within Florida and operating, conducting, engaging in, or carrying on a business and
doing business in Florida, and is therefore subject to the jurisdiction of the courts of Florida.12
7
Section 501.1736(5), F.S.
8
Id.
9
Section 501.1736(6), F.S.
10
Id.
11
Section 501.1736(9), F.S.
12
Section 501.1736(7), F.S.
BILL: CS/SB 868 Page 5
DLA Subpoena Power
If, by its own inquiry or as a result of complaints, the DLA has reason to believe that an entity or
person has engaged in, or is engaging in, an act or practice that violates the bill, the DLA may
administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 5
days, excluding weekends and legal holidays, after the service of a subpoena or at any time
before the return date specified therein, whichever is longer, the party served may file in the
circuit court in the county in which it resides or in which it transacts business and serve upon the
enforcing authority a petition for an order modifying or setting aside the subpoena. The
petitioner may raise any objection or privilege which would be available upon service of such
subpoena in a civil action. The subpoena must inform the party served of its rights.13
If the matter that the DLA seeks to obtain by subpoena is located outside of Florida, the entity or
person subpoenaed may make it available to the DLA or its representative to examine the matter
at the place where it is located. The DLA may designate representatives, including Florida
officials where the matter is located, to inspect the matter on its behalf, and may respond to
similar requests from officials of other states.14
Upon failure of an entity or person without lawful excuse to obey a subpoena and upon
reasonable notice to all persons affected, the DLA may apply to the circuit court for an order
compelling compliance.15
The DLA may request that an entity or person that refuses to comply with a subpoena on the
ground that testimony or matter may incriminate the entity or person being ordered by the court
to provide the testimony or matter. Except in a prosecution for perjury, an entity or individual
that complies with a court order to provide testimony or matter after asserting a valid privilege
against self-incrimination must not have the testimony or matter so provided, or evidence derived
therefrom, received against the entity or person in any criminal investigation or proceeding.16
Any entity or person upon whom a subpoena is served must comply with the terms of the
subpoena unless otherwise provided by order of the court. Failure to appear is punishable as a
civil penalty up to $5,000 per week, including attorney's fees, and costs.17
Recent Cases
In October 2024, two internet-industry groups filed a federal lawsuit challenging the
constitutionality of Florida’s law limiting minors’ access to social media platforms. The
Computer & Communications Industry Association and NetChoice, whose members include tech
giants such as Google and Meta Platforms, alleged that the law violated their First Amendment
rights and that parents have control of their children's social-media use.18
13
Section 501.1736(10), F.S.
14
Id.
15
Id.
16
Id.
17
Id.
18
Computer & Communications Industry Association and NetChoice v. Uthmeier, Case No.: 4:24-cv-00438-MW-MAF. The
case is in the US District Court, Northern District of Florida.
BILL: CS/SB 868 Page 6
In March 2025, the motion for preliminary injunction was denied. The order did not include a
ruling on the First Amendment issue. The order was instead based on the decision that the
plaintiffs did not “show a substantial likelihood demonstrating standing” that at least one of the
group members “will suffer irreparable injury” without an injunction. The effective date of the
law was supposed to be January 1, 2025; however, in November the State agreed not to enforce
it until the ruling occurred.19
Disappearing Messages
According to the National Law Review, “ephemeral messages are self-destructing messages with
no backup or archiving option. Unlike a typical text message that is sent and remains on a user’s
and receiver’s phone until manually deleted, ephemeral messages delete themselves after a set
time. Some examples of platforms that offer this type of feature are Signal, WhatsApp, WeChat,
and Snapchat.”20
Disappearing messages have been found to be harmful to children. In 2020, when Facebook
introduced disappearing messages, Anna Edmundson, the NSPCC’s head of policy, expressed
concerns, stating: “Despite its age restriction, many under-16s use WhatsApp and disappearing
messages could put children at greater risk of harm, by providing groomers with yet another tool
to avoid detection and erase evidence.”21
Some of the risks to children of disappearing messages include: cyberbullying, sexting,
grooming, inadequate oversight, false sense of security and privacy, and inappropriate content.22
End-to-end Encryption
Advancements in technology create both opportunity and challenges for law enforcement.23 A
challenge that law enforcement officials cite as preventing investigations is end-to-end
encryption or “warrant-proof” encryption.24 Companies employing this type of encryption have
emphasized that they do not hold encryption keys to unlock or decrypt the devices or
communication.25 Because of these challenges, law enforcement prefers “front door” access,
which means there is clear understanding of when they are accessing a device.26 A “front door”
could be opened with a “key” once law enforcement demonstrates a lawful basis for access,
19
Id.
20
Michelle A. Freeman, Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by
Regulators, The National Law Review (Oct. 7, 2024), available at , https://natlawreview.com/article/disappearing-messages-
unofficialcommunications-platforms-and-ever-increasing (last visited Mar. 26, 2025).
21
Mobicip, Gone in a Flash: How Disappearing Messages Can Impact Your Child’s Online Safety (May 13, 2024), available
at https://www.mobicip.com/blog/gone-flash-how-disappearing-messages-can-impact-your-childs-online-safety (last visited
Mar. 26, 2025).
22
Id.
23
Congressional Research Service, Law Enforcement and Technology: The “Lawful Access” Debate (January 6, 2025),
available at https://www.congress.gov/crs-product/IF11769 (last visited Mar. 26, 2025).
24
Id.
25
Id.
26
Id.
BILL: CS/SB 868 Page 7
however, this has the potential to lead to exploitation by hackers, criminals, and other malicious
actors.27
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The FDUTPA is a consumer and business protection measure that prohibits unfair methods of
competition, and unconscionable, deceptive, or unfair acts or practices in the conduct of trade or
commerce.28 The FDUTPA was modeled after the Federal Trade Commission Act.29
The DLA or the state attorney’s office in the judicial circuit affected or where the violation
occurs may bring actions on behalf of consumers or governmental entities when it serves the
public interest.30 The state attorney’s office may enforce violations of the FDUTPA if the
violations take place within its jurisdiction. The department has enforcement authority when: the
violation is multi-jurisdictional; the state attorney defers to the department in writing; or the state
attorney fails to act within 90 days after a written complaint is filed.31 In certain circumstances,
consumers may also file suit through private actions.32
The department and the state attorney’s office have powers to investigate the FDUTPA claims,
which include:33
• Administering oaths and affirmations.
• Subpoenaing witnesses or matter.
• Collecting evidence.
The department and the state attorney’s office may seek the following remedies:34
• Declaratory judgments.
• Injunctive relief.
• Actual damages on behalf of consumers and businesses.
• Cease and desist orders.
• Civil penalties of up to $10,000 per willful violation.
The FDUTPA may not be applied to certain entities in certain circumstances, including:35
• Any person or activity regulated under laws administered by the Office of Insurance
Regulation or the Department of Financial Services.
27
Id.
28
Section 501.202, F.S.
29
See 15 U.S.C. s. 45; see also D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade
Practices Act, 65 U. MIAMI L. REV. 1083 (Summer 2011).
30
Sections 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust Additional
Conduct, Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLA. BAR J. 52 (Dec. 2002), available
at https://www.floridabar.org/the-florida-bar-journal/fdutpa-for-civil-antitrust-additional-conduct-party-and-geographic-
coverage-state-actions-for-consumer-restitution/ (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida) (last visited Mar. 26, 2025).
31
Section 501.203(2), F.S.
32
Section 501.211, F.S.
33
Section 501.206(1), F.S.
34
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
35
Section 501.212(4), F.S.
BILL: CS/SB 868 Page 8
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.
III. Effect of Proposed Changes:
The bill provides that if law enforcement obtains a subpoena, then a social media platform must
provide a mechanism to decrypt end-to-end encryption or other data encryption features that
restrict the accessibility of messages on any account of a minor so that law enforcement may
view messages relevant to a criminal investigation involving a minor. Additionally, a social
media platform must allow a parent or legal guardian of a minor account holder to view all
messages, as well as prohibit a minor account holder from using or accessing messages that are
designed to disappear after a certain period of time or upon viewing, self-destructing messages,
or messages that are ephemeral in nature.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
State Authority to Regulate to Protect Minors
The U.S. Supreme Court has determined that the state has a “compelling interest in
protecting the physical and psychological well-being of minors,” which “extends to
shielding minors from the influence of literature that is not obscene by adult standards.”36
In doing so, however, the means must be narrowly tailored to achieve that end so as not
to unnecessarily deny adults access to material which is constitutionally protected
indecent material.37
36
Sable Commc’s of California, Inc., 492 U.S. at 126.
37
Ashcroft, 542 U.S. at 666; Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCA 2004); but see Erznoznik, 422 U.S. at 213
(determining that the city’s regulation was overly broad).
BILL: CS/SB 868 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Social media platforms will be required to provide a mechanism to decrypt end-to-end
encryption or other data encryption features that restrict the accessibility of messages on
any account of a minor when law enforcement obtains a subpoena. Additionally, a social
media platform must allow a parent or legal guardian of a minor account holder to view
all messages, as well as prohibit a minor account holder from using or accessing
messages that are designed to disappear.
C. Government Sector Impact:
The bill may result in an unknown increase in civil penalties collected by the Department
of Legal Affairs, and regulatory costs to the Department of Legal Affairs to enforce the
bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill amends section 501.1736 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on March 25, 2025:
The committee substitute provides that if law enforcement obtains a subpoena, then a
social media platform must provide a mechanism to decrypt end-to-end encryption or
other data encryption features that restrict the accessibility of messages on any account of
a minor so that law enforcement may view messages relevant to a criminal investigation
involving a minor. Additionally, a social media platform must allow a parent or legal
guardian of a minor account holder to view all messages, as well as prohibit a minor
account holder from using or accessing messages that are designed to disappear after a
certain period of time or upon viewing, self-destructing messages, or messages that are
ephemeral in nature.
BILL: CS/SB 868 Page 10
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 868 Bill No. SB 868
Ì588638YÎ588638 Ì588638YÎ588638
LEGISLATIVE ACTION 11 1. Terminate any account held by an account holder younger
Senate . House 12 than 14 years of age, including accounts that the social media
Comm: RCS . 13 platform treats or categorizes as belonging to an account holder
03/25/2025 . 14 who is likely younger than 14 years of age for purposes of
. 15 targeting content or advertising, and provide 90 days for an
. 16 account holder to dispute such termination. Termination must be
. 17 effective upon the expiration of the 90 days if the account
18 holder fails to effectively dispute the termination.
19 2. Allow an account holder younger than 14 years of age to
20 request to terminate the account. Termination must be effective
21 within 5 business days after such request.
22 3. Allow the confirmed parent or guardian of an account
23 holder younger than 14 years of age to request that the minor’s
24 account be terminated. Termination must be effective within 10
25 business days after such request.
The Committee on Commerce and Tourism (Ingoglia) recommended the 26 4. Permanently delete all personal information held by the
following: 27 social media platform relating to the terminated account, unless
28 there are legal requirements to maintain such information.
1 Senate Amendment (with title amendment) 29 5. If law enforcement obtains a subpoena, provide a
2 30 mechanism to decrypt end-to-end encryption or other data
3 Delete everything after the enacting clause 31 encryption features that restrict the accessibility of messages
4 and insert: 32 on any account of a minor so that law enforcement may view
5 Section 1. Paragraph (b) of subsection (2), paragraph (b) 33 messages relevant to a criminal investigation involving a minor.
6 of subsection (3), and paragraph (b) of subsection (4) of 34 6. Allow a parent or legal guardian of a minor account
7 section 501.1736, Florida Statutes, are amended to read: 35 holder to view all messages.
8 501.1736 Social media use for minors.— 36 7. Prohibit a minor account holder from using or accessing
9 (2) 37 messages that are designed to disappear after a certain period
10 (b) A social media platform shall: 38 of time or upon viewing, self-destructing messages, or messages
39 that are ephemeral in nature.
Page 1 of 5 Page 2 of 5
3/24/2025 7:42:36 AM 577-02732-25 3/24/2025 7:42:36 AM 577-02732-25
Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 868 Bill No. SB 868
Ì588638YÎ588638 Ì588638YÎ588638
40 (3) 69 holder to view all messages.
41 (b) A social media platform shall: 70 7. Prohibit a minor account holder from using or accessing
42 1. Terminate any account held by an account holder who is 71 messages that are designed to disappear after a certain period
43 14 or 15 years of age, including accounts that the social media 72 of time or upon viewing, self-destructing messages, or messages
44 platform treats or categorizes as belonging to an account holder 73 that are ephemeral in nature.
45 who is likely 14 or 15 years of age for purposes of targeting 74 (4) If a court enjoins the enforcement of subsection (3) or
46 content or advertising, if the account holder’s parent or 75 would otherwise enjoin enforcement of any other provision of
47 guardian has not provided consent for the minor to create or 76 this section due to subsection (3), then subsection (3) shall be
48 maintain the account. The social media platform shall provide 90 77 severed, and the following shall come into effect:
49 days for an account holder to dispute such termination. 78 (b) A social media platform shall:
50 Termination must be effective upon the expiration of the 90 days 79 1. Terminate any account held by an account holder who is
51 if the account holder fails to effectively dispute the 80 14 or 15 years of age, including accounts that the social media
52 termination. 81 platform treats or categorizes as belonging to an account holder
53 2. Allow an account holder who is 14 or 15 years of age to 82 who is likely 14 or 15 years of age for purposes of targeting
54 request to terminate the account. Termination must be 83 content or advertising, and provide 90 days for an account
55 effective within 5 business days after such request. 84 holder to dispute such termination. Termination must be
56 3. Allow the confirmed parent or guardian of an account 85 effective upon the expiration of 90 days if the account holder
57 holder who is 14 or 15 years of age to request that the minor’s 86 fails to effectively dispute the termination.
58 account be terminated. Termination must be effective within 10 87 2. Allow an account holder who is 14 or 15 years of age to
59 business days after such request. 88 request to terminate the account. Termination must be effective
60 4. Permanently delete all personal information held by the 89 within 5 business days after such request.
61 social media platform relating to the terminated account, unless 90 3. Allow the confirmed parent or guardian of an account
62 there are legal requirements to maintain such information. 91 holder who is 14 or 15 years of age to request that the minor’s
63 5. If law enforcement obtains a subpoena, provide a 92 account be terminated. Termination must be effective within 10
64 mechanism to decrypt end-to-end encryption or other data 93 business days after such request.
65 encryption features that restrict the accessibility of messages 94 4. Permanently delete all personal information held by the
66 on any account of a minor so that law enforcement may view 95 social media platform relating to the terminated account, unless
67 messages relevant to a criminal investigation involving a minor. 96 there are legal requirements to maintain such information.
68 6. Allow a parent or legal guardian of a minor account 97 5. If law enforcement obtains a subpoena, provide a
Page 3 of 5 Page 4 of 5
3/24/2025 7:42:36 AM 577-02732-25 3/24/2025 7:42:36 AM 577-02732-25
Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 868
Ì588638YÎ588638
98 mechanism to decrypt end-to-end encryption or other data
99 encryption features that restrict the accessibility of messages
100 on any account of a minor so that law enforcement may view
101 messages relevant to a criminal investigation involving a minor.
102 6. Allow a parent or legal guardian of a minor account
103 holder to view all messages.
104 7. Prohibit a minor account holder from using or accessing
105 messages that are designed to disappear after a certain period
106 of time or upon viewing, self-destructing messages, or messages
107 that are ephemeral in nature.
108 Section 2. This act shall take effect July 1, 2025.
109
110 ================= T I T L E A M E N D M E N T ================
111 And the title is amended as follows:
112 Delete everything before the enacting clause
113 and insert:
114 A bill to be entitled
115 An act relating to social media use by minors;
116 amending s. 501.1736, F.S.; requiring social media
117 platforms to provide a mechanism to decrypt end-to-end
118 encryption when law enforcement obtains a subpoena;
119 requiring social media platforms to allow a parent or
120 legal guardian of a minor account holder to view all
121 messages; prohibiting minor account holders from using
122 or accessing messages that are designed to disappear
123 or self destruct, or are ephemeral in nature;
124 providing an effective date.
Page 5 of 5
3/24/2025 7:42:36 AM 577-02732-25
Florida Senate - 2025 SB 868 Florida Senate - 2025 SB 868
By Senator Ingoglia
11-00759A-25 2025868__ 11-00759A-25 2025868__
1 A bill to be entitled 30 4. Permanently delete all personal information held by the
2 An act relating to social media use by minors; 31 social media platform relating to the terminated account, unless
3 amending s. 501.1736, F.S.; requiring social media 32 there are legal requirements to maintain such information.
4 platforms to disable certain encryption features for a 33 5. Disable end-to-end encryption or other data encryption
5 specified purpose; providing an effective date. 34 features that restrict the accessibility of messages so that a
6 35 minor’s parent or legal guardian may view all messages and law
7 Be It Enacted by the Legislature of the State of Florida: 36 enforcement may view messages relevant to a felony criminal
8 37 investigation involving minors.
9 Section 1. Paragraph (b) of subsection (2), paragraph (b) 38 (3)
10 of subsection (3), and paragraph (b) of subsection (4) of 39 (b) A social media platform shall:
11 section 501.1736, Florida Statutes, are amended to read: 40 1. Terminate any account held by an account holder who is
12 501.1736 Social media use for minors.— 41 14 or 15 years of age, including accounts that the social media
13 (2) 42 platform treats or categorizes as belonging to an account holder
14 (b) A social media platform shall: 43 who is likely 14 or 15 years of age for purposes of targeting
15 1. Terminate any account held by an account holder younger 44 content or advertising, if the account holder’s parent or
16 than 14 years of age, including accounts that the social media 45 guardian has not provided consent for the minor to create or
17 platform treats or categorizes as belonging to an account holder 46 maintain the account. The social media platform shall provide 90
18 who is likely younger than 14 years of age for purposes of 47 days for an account holder to dispute such termination.
19 targeting content or advertising, and provide 90 days for an 48 Termination must be effective upon the expiration of the 90 days
20 account holder to dispute such termination. Termination must be 49 if the account holder fails to effectively dispute the
21 effective upon the expiration of the 90 days if the account 50 termination.
22 holder fails to effectively dispute the termination. 51 2. Allow an account holder who is 14 or 15 years of age to
23 2. Allow an account holder younger than 14 years of age to 52 request to terminate the account. Termination must be effective
24 request to terminate the account. Termination must be effective 53 within 5 business days after such request.
25 within 5 business days after such request. 54 3. Allow the confirmed parent or guardian of an account
26 3. Allow the confirmed parent or guardian of an account 55 holder who is 14 or 15 years of age to request that the minor’s
27 holder younger than 14 years of age to request that the minor’s 56 account be terminated. Termination must be effective within 10
28 account be terminated. Termination must be effective within 10 57 business days after such request.
29 business days after such request. 58 4. Permanently delete all personal information held by 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 - 2025 SB 868 Florida Senate - 2025 SB 868
11-00759A-25 2025868__ 11-00759A-25 2025868__
59 social media platform relating to the terminated account, unless 88 there are legal requirements to maintain such information.
60 there are legal requirements to maintain such information. 89 5. Disable end-to-end encryption or other data encryption
61 5. Disable end-to-end encryption or other data encryption 90 features that restrict the accessibility of messages so that a
62 features that restrict the accessibility of messages so that a 91 minor’s parent or legal guardian may view all messages and law
63 minor’s parent or legal guardian may view all messages and law 92 enforcement may view messages relevant to a felony criminal
64 enforcement may view messages relevant to a felony criminal 93 investigation involving minors.
65 investigation involving minors. 94 Section 2. This act shall take effect July 1, 2025.
66 (4) If a court enjoins the enforcement of subsection (3) or
67 would otherwise enjoin enforcement of any other provision of
68 this section due to subsection (3), then subsection (3) shall be
69 severed, and the following shall come into effect:
70 (b) A social media platform shall:
71 1. Terminate any account held by an account holder who is
72 14 or 15 years of age, including accounts that the social media
73 platform treats or categorizes as belonging to an account holder
74 who is likely 14 or 15 years of age for purposes of targeting
75 content or advertising, and provide 90 days for an account
76 holder to dispute such termination. Termination must be
77 effective upon the expiration of 90 days if the account holder
78 fails to effectively dispute the termination.
79 2. Allow an account holder who is 14 or 15 years of age to
80 request to terminate the account. Termination must be effective
81 within 5 business days after such request.
82 3. Allow the confirmed parent or guardian of an account
83 holder who is 14 or 15 years of age to request that the minor’s
84 account be terminated. Termination must be effective within 10
85 business days after such request.
86 4. Permanently delete all personal information held by the
87 social media platform relating to the terminated account, unless
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 COMMITTEES:
Banking and lnsurance, Ctair
Environment and Natural Resources, Vice Chair
Tallahassee, Florida 32399-1 100 Appropriations Commitiee on Criminal and
Civil Justice
Appropriations Committee on Transportation,
Tourism, and Economic Development
Fiscal Policy
Regulaied lndustries
Rules
JOINT COMMITTEE:
Joint Committee on Public Counsel Oversight
SENATOR BLAISE INGOGLIA
11th Diskict
February 28,2025
The Honorable Tom Leek, Chair
Committee on Commerce and Tourism
310 Senate Office Building
404 South Monroe Street
Tallahassee, FL 32399
RE: SB 868 Social Media Use by Minors
Chair Leek,
Senate Bill 868 has been referred to the Committee on Commerce and Tourtsm as
its first committee of reference. I respectfully ask that it be placed on the
committee agenda at your earliest convenience.
If I may answer questions or be of assistance, please do not hesitate to contact me
Thank you for your leadership and consideration.
Regards,
Blaise Ingoglia
State Senator, District I l
CC'd: Todd McKay, Jennifer Renner, Renita Hayes
REPLY TO:
O 2943 Landover Boulevard, Spring Hill, Florida 34608 (352) 666-5707
O 306 Senale Building, 404 South Monroe Street, Tallahassee, Florida 32399-1 100 (850) 487-501 1
Senate's Website: www.fl sen ate. gov
BEN ALBRIfiON JASON BRODEUR
President of the Senate President Pro Tempore
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 918
INTRODUCER: Senator Collins
SUBJECT: Employment of Minors
DATE: March 24, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Favorable
2. RI
3. RC
I. Summary:
SB 918 removes all restrictions on employment for minors 16 and 17 years-of-age set out in s.
450.081, F.S., relating to time of day, number of hours, and meal breaks. The bill grants
exceptions to restrictions on work performed by minors 14 and 15 years-of-age under certain
circumstances. The bill also removes reference to the Department of Business and Professional
Regulation’s (DBPR) ability to grant waiver of employment restrictions for minors.
The bill takes effect on July 1, 2025.
II. Present Situation:
Overview
Subject to some exceptions, federal and state child labor laws prevent work hours and
timeframes from interfering with the child’s health, safety, and education. At the federal level,
the Fair Labor Standards Act (FLSA) determines the minimum age for work during school
hours, performing certain jobs after school, and places restraints on work considered hazardous.
Florida’s Child Labor Law also restricts the employment of minors, sometimes more than federal
law. Florida’s Child Labor Law contains protections specifically directed to 16 and 17-year-olds,
including restrictions on what times during the day they may work, how many hours in a week
they may work, and what jobs or occupations they may perform.
Federal Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with
minimum wage, overtime pay, and child labor protections.1 Congress adopted the FLSA to
1
29 U.S.C. § 201-219; 29 C.F.R. ch. V.
BILL: SB 918 Page 2
prevent substandard labor conditions from being used as an “unfair method of competition.”2
The FLSA covers employees and enterprises engaged in interstate commerce. An enterprise is
covered if it has annual sales or business done of at least $500,000.3 Regardless of the dollar
volume of business, the FLSA applies to hospitals; institutions primarily engaged in the care of
the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are
mentally or physically disabled or gifted; federal, state, and local governments; and preschools,
elementary and secondary schools, and institutions of higher education.4
The FLSA was adopted as a minimum set of standards, which allowed states to provide greater
protections for employees. Under the FLSA, if states enact minimum wage, overtime, or child
labor laws that are more protective than what is provided by the FLSA, the state law applies.5
Because states may enact laws that are more protective than what is provided by the FLSA,
minimum wage, overtime, and child labor standards vary state by state.
Child Labor
The FLSA prohibits the employment of “oppressive child labor” in the United States and the
shipment of goods made in proximity to oppressive child labor.6 The FLSA establishes a general
minimum age of 16 years for employment in nonhazardous occupations, and a minimum age of
18 years for employment in any occupation determined by the Secretary of Labor to be
hazardous to the health or well-being of minors. However, children younger than 16 may work if
certain conditions are met, and rules for agricultural and nonagricultural employment vary
significantly.7
According to the US Department of Labor (DOL), two things are certain:8
• Once an employee is 18 years-of-age, there are no federal child labor rules.
• Federal child labor rules do not require work permits. However, many states issue age
certificates if you are asked to provide them by your employer.
Nonagricultural Employment – Minimum Standards
For nonexempt children, the minimum age for employment in nonagricultural occupations is:9
• 18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the
health and well-being of children (i.e., “hazardous occupations”);
• 16 years-of-age for employment in nonhazardous occupations; or
• 14 years-of-age for a limited set of occupations, with restrictions on hours and work
conditions, as determined by the Secretary of Labor.
2
Brooklyn Savings Bank V. O’Neil, 324 U.S. 697 (1945).
3
29 C.F.R. §§779.258-779.259.
4
29 U.S.C. §203(s)(1).
5
29 U.S.C § 218.
6
29 U.S.C. §212.
7
Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar. 8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713. (last visited Mar. 24, 2025).
8
US Department of Labor, Fair Labor Standards Act (FLSA) Child Labor Rules Advisor,
https://webapps.dol.gov/elaws/whd/flsa/cl/default.htm (last visited Mar. 24, 2025).
9
29 CFR § 570.2.
BILL: SB 918 Page 3
A child under the age of 14 may not be employed unless his or her employment is explicitly
excluded from the definition of oppressive child labor (e.g., a parent is the child’s sole employer
in a nonhazardous occupation) or exempt from the FLSA child labor provisions (e.g., newspaper
delivery).10
The hours and times of day that 14- and 15-year-olds are allowed to work and specific
occupations that are permitted or prohibited for such minors in nonagricultural occupations are
set by federal and state law.
The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours
and times-of-day:11
• Outside of school hours;12
• Not more than 40 hours in any 1 week when school is not in session;
• Not more than 18 hours in any 1 week when school is in session;
• Not more than 8 hours in any 1 day when school is not in session;
• Not more than 3 hours in any 1 day when school is in session, including Fridays; and
• Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor
Day) when the evening hour will be 9 p.m.
Oppressive Child Labor
The following occupations constitute oppressive child labor within the meaning of the FLSA
when performed by minors who are 14 and 15 years-of-age:13
• Manufacturing, mining, or processing occupations.
• Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and
declare to be hazardous for the employment of minors between 16 and 18 years of age or
detrimental to their health or well-being.
• Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or
repairing hoisting apparatus.
• Work performed in or about boiler or engine rooms or in connection with the maintenance or
repair of the establishment, machines, or equipment.
• Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or
repairing any power-driven machinery, including but not limited to lawn mowers, golf carts,
all-terrain vehicles, trimmers, cutters, weed-eaters, edgers, food slicers, food grinders, food
choppers, food processors, food cutters, and food mixers. Youth 14 and 15 years of age may,
however, operate office equipment pursuant to § 570.34(a) and vacuum cleaners and floor
waxers pursuant to § 570.34(h).
• The operation of motor vehicles.
• Outside window washing that involves working from window sills, and all work requiring
the use of ladders, scaffolds, or their substitutes.
• All baking and cooking activities except that cooking which is permitted by § 570.34(c).
10
29 CFR § 570.119.
11
75 C.F.R. § 28448 (2010).
12
29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides
while employed is in session during the regularly scheduled school year.
13
29 C.F.R. § 570.33.
BILL: SB 918 Page 4
• Work in freezers and meat coolers and all work in the preparation of meats for sale except as
permitted by § 570.34(j). This section, however, does not prohibit the employment of 14- and
15-year-olds whose duties require them to occasionally enter freezers only momentarily to
retrieve items as permitted by § 570.34(i).
• Youth peddling, which entails the selling of goods or services to customers at locations other
than the youth-employer's establishment, such as the customers' residences or places of
business, or public places such as street corners and public transportation stations.
• Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or
conveyors, except the loading and unloading of personal non-power-driven hand tools,
personal protective equipment, and personal items to and from motor vehicles as permitted
by § 570.34(k).
• Catching and cooping of poultry in preparation for transport or for market.
• Public messenger service.
• Occupations in connection with transportation of persons or property, warehousing and
storage, communications and public utilities, and construction (including demolition and
repair).
Authorized Occupations
The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age
when performed within the required timeframes:14
• Office and clerical work, including the operation of office machines.
• Work of an intellectual or artistically creative nature.
• Cooking with electric or gas grills which does not involve cooking over an open flame.
• Cashiering, selling, modeling, art work, work in advertising departments, window trimming,
and comparative shopping.
• Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
• Bagging and carrying out customers' orders.
• Errand and delivery work by foot, bicycle, and public transportation.
• Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance
of grounds, but not including the use of power-driven mowers, cutters, trimmers, edgers, or
similar equipment.
• Kitchen work and other work involved in preparing and serving food and beverages.
• Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and
stocking of items.
• The loading onto motor vehicles and the unloading from motor vehicles of the light, non-
power-driven, hand tools and personal protective equipment that the minor will use as part of
his or her employment at the work site; and the loading onto motor vehicles and the
unloading from motor vehicles of personal items such as a back pack, a lunch box, or a coat
that the minor is permitted to take to the work site.
• The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties
at traditional swimming pools and water amusement parks (including such water park
facilities as wave pools, lazy rivers, specialized activity areas that may include waterfalls and
sprinkler areas, and baby pools; but not including the elevated areas of power-driven water
14
29 CFR § 570.34.
BILL: SB 918 Page 5
slides) when such youth have been trained and certified by the American Red Cross, or a
similar certifying organization, in aquatics and water safety.
• Employment inside and outside of places of business where machinery is used to process
wood products.
• Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy
service; car cleaning, washing and polishing by hand; and other occupations permitted by
this section, but not including work involving the use of pits, racks, or lifting apparatus, or
involving the inflation of any tire mounted on a rim equipped with a removable retaining
ring.
• Work in connection with riding inside passenger compartments of motor vehicles.
Agricultural Employment – Minimum Standards
With some exceptions, the minimum age for employment in agricultural occupations is:
• 16 years-of-age for employment in any agricultural job, including those determined to be
hazardous by the Secretary of Labor, with no restrictions on hours of work;15
• 14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours;16
• 12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside
of school hours, with the written consent of a parent; written consent is not required if the
work takes place on a farm that also employs the child’s parent;17
• 10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to
eight weeks in nonhazardous agricultural jobs, outside of school hours, with the written
consent of a parent, providing the employer has obtained a waiver permitting this
employment from the Secretary of Labor;18 or
• Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of
school hours on certain small farms, with a parent’s written consent.19
A child of any age who is employed by a parent on a farm owned or operated by the parent may
work without restriction.20 DOL regulations also provide limited exemptions to child labor rules
concerning hazardous agricultural occupations for student learners and graduates of vocational
training programs that meet regulatory criteria.21
15
29 CFR § 570.2.
16
29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old. 29 C.F.R.
§570.33.
17
29 U.S.C. §213(c)(1)(B).
18
The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops can be found in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes
“the Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
19
29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum
wage provisions because they employed fewer than 500 “man-days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
20
29 U.S.C. §213(c)(2).
21
29 C.F.R. §570.72.
BILL: SB 918 Page 6
FLSA Child Labor Exemptions
The FLSA excludes the following occupations and work arrangements from coverage of its child
labor provisions:
• Children with a Parental Employer: Children who work for a parent or a person standing in
place of a parent22 in an occupation other than manufacturing, mining, or hazardous work
may be employed at any age and for any number of hours.23
• Child Performers: Children of any age may be employed as actors or performers in motion
pictures or in theatrical, radio, or television productions.24
• Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
consumers.25
• Evergreen Wreath Producers (Homebased): Children of any age may be employed as
homeworkers to make evergreen wreaths and to harvest forest products used in making such
wreaths.26
Hazardous Occupations
Seventeen groups of nonagricultural occupations have been determined to be hazardous or
detrimental to the health or well-being of children between the ages of 16 and 18 years.27
Employment in these jobs is prohibited, with limited exemptions for registered apprentices and
student learners.28 In some instances, children’s employment is banned in entire industries (e.g.,
coal mining) with some exceptions for office, sales, or maintenance work; others prohibit
children’s exposure to materials (e.g., radioactive substances) or equipment (e.g., power-driven
hoisting apparatus).
Eleven types of agricultural occupations have been determined to be hazardous, in which—with
few exceptions—a child below the age of 16 may not be employed.29 These include, for
example, handling or applying certain agricultural chemicals, and working on a farm in a pen
occupied by a stud horse maintained for breeding purposes. The prohibition on employment in
agricultural hazardous occupations does not apply to children employed by a parent on a farm
owned or operated by the parent.30 When certain requirements are met, student learners and
22
Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as including “natural parents, or any
other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own family,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
23
This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes
children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
24
29 U.S.C. §213(c)(3).
25
29 U.S.C. §213(d).
26
29 U.S.C. §213(d).
27
29 C.F.R. §§570.50-570.68.
28
The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is
employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b)-(c).
29
Hazardous agricultural occupations are described in 29 C.F.R. §570.71. Exemptions to the ban on children’s
employment in hazardous agricultural occupations are described in 29 C.F.R. §570.72.
30
29 U.S.C. §213(c)(2).
BILL: SB 918 Page 7
graduates of tractor or machine operation programs that meet regulatory criteria may be
employed in select hazardous occupations.
FLSA Violations
Two remedies are available for violations of the FLSA child labor provisions. The Secretary of
Labor may assess civil penalties or seek other relief, including injunctive relief. Employers who
violate the FLSA child labor provisions may be assessed the following civil penalties:
• Up to $15,138 for each employee who was the subject of a child labor violation; or
• Up to $68,801 for each violation that causes the death or serious injury of a minor employee,
a penalty may be doubled if the violation is a repeated or willful violation.31
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions.32
For example, a federal court may order an employer to halt employment of a minor in a
hazardous occupation or may enjoin a producer from shipping goods out of state from an
establishment in or about which a child labor violation has occurred. Criminal penalties are also
prescribed for willful violations of the FLSA’s child labor provisions.33
Florida’s Child Labor Law
Florida’s Child Labor Law (CLL), ss. 450.001-450.165, F.S., provide guidelines for child labor
in the state that employers must follow in addition to the FLSA.
Hours of Work in Certain Occupations
Currently, the CLL mandates that minors 16 and 17 years-of-age are not allowed to be employed
during school hours, unless they are enrolled in a career education program.34 These minors may
not be employed, permitted, or suffered to work:
• Between 11 p.m. and 6:30 a.m. when school is scheduled the following day.
• For more than 8 hours in any one day, when school is scheduled the following day, except
for holidays and Sundays.
• For more than 30 hours each week when school is in session, except for certain
circumstances through a waiver.
• For eight hours or more a day without at least a 30 minute break.35
The CLL further mandates that minors 15 years-of-age and younger may not be employed,
permitted, or suffered to work:
• Between 7 p.m. and 7 a.m. when school is scheduled the following day.
• For more than 15 hours in any week when school is in session.
• For more than 3 hours a day on a school day, unless they are enrolled in a career education
program or there is no school the following day.
31
These civil money penalties took effect on January 16, 2023, and are adjusted for inflation as provided by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
32
29 U.S.C. §217.
33
CONG. RSCH. SERV., The Fair Labor Standards Act (FLSA): An Overview, Mar. 8, 2023, at 17
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Mar. 24, 2025).
34
Section 450.081, F.S.
35
Id.
BILL: SB 918 Page 8
• For more than six days per week.
• For more than four hours continuously without at least a 30 minute break.36
During holiday and summer vacations, minors 15 years-of-age and younger may not work:
• Between 9 p.m. and 7 a.m.
• For more than 8 hours per day.
• For more than 40 hours per week.37
These restrictions do not apply to:
• Minors 16 and 17 years-of-age who have graduated from high school or received a high
school equivalency diploma.
• Minors who are within the compulsory school attendance age limit and who hold a valid
certificate of exemption issued by the school superintendent or his or her designee pursuant
to s. 1003.21(3), F.S.
• Minors enrolled in an educational institution who qualify on a hardship basis and receive a
waiver as determined by the school superintendent.
• Minors 16 and 17 years-of-age who are in a home education program or are enrolled in an
approved virtual instruction program in which the minor is separated from the teacher by
time only.
• Minors in domestic service in private homes, minors employed by their parents, or pages in
the Florida Legislature.38
Additionally, the CLL sets out that:
• DBPR may grant waivers of the restrictions laid out in s. 450.081, F.S.
• The presence of a minor in a place of employment during working hours is prima facie
evidence of their employment at such place.
• An employer who violates s. 450.081, F.S., is subject to penalties in s.450.141, F.S.39
Curfew
Florida authorizes cities and counties to enact their own curfew ordinances for minors under the
age of 16.40 The law provides that any minor under the age of 16 cannot be present at a public
establishment during the following hours, not including legal holidays:
• Sunday to Thursday from 11:00 p.m. to 5:00 a.m.
• Saturday or Sunday from 12:01 a.m. to 6:00 a.m.
• 9:00 a.m. to 2:00 p.m. if suspended from school.41
36
Id.
37
Id.
38
Id.
39
Id.
40
Section 877.20, F.S.
41
Section 877.22, F.S.
BILL: SB 918 Page 9
The statutory curfew does not apply unless the curfew is adopted by a governing body of the
county or municipality.42 A governing body of a county or municipality is allowed to adopt
restrictions that are more or less stringent than the statutory curfew.43
III. Effect of Proposed Changes:
Restrictions on the Employment of Minors
SB 918 amends s. 450.081, F.S., to remove the limitations on working hours for minors 16 and
17 years-of-age. Under the bill, those minors are no longer restricted from working at night or for
more than 8 hours a day when school is scheduled the next day. Those minors may also work
more than 30 hours a week when school is in session and for more than eight hours a day without
a thirty minute break.
Additionally, the bill removes all employment restrictions in s. 450.081, F.S., for minors 14 and
15 years-of-age:
• Who have graduated from high school or received a high school equivalent diploma.
• Who hold a valid certificate of exemption issued by the school superintendent.
• Who are enrolled in a home education, or virtual instruction program in which the minor is
separated from the teacher by time only.
The bill also removes all employment restrictions in s. 450.081, F.S., for all minors who qualify
on a hardship basis, are enrolled in a public school, and receive a waiver of hours from the
school superintendent.
Finally, the bill removes reference to DBPR’s power to grant waivers of the employment
restrictions imposed by s. 450.081, F.S. DBPR still has the authority to grant waivers under s.
450.095, F.S.
Effective Date
The bill provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
42
Section 877.25, F.S.
43
Id.
BILL: SB 918 Page 10
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:
Indeterminate. Employers may see an increase in the number of minors available for
employment and the hours in which they are able to work.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 450.081 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
BILL: SB 918 Page 11
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2025 SB 918 Florida Senate - 2025 SB 918
By Senator Collins
14-01191-25 2025918__ 14-01191-25 2025918__
1 A bill to be entitled 30 gainfully employed during school hours.
2 An act relating to the employment of minors; amending 31 (3)(4) Minors 15 years of age or younger may not be
3 s. 450.081, F.S.; deleting certain restrictions on 32 employed, permitted, or suffered to work for more than 4 hours
4 minors 16 and 17 years of age being employed, 33 continuously without an interval of at least 30 minutes for a
5 permitted, or suffered to work; revising the 34 meal period; and for the purposes of this law, a period of less
6 exceptions to such restrictions for certain minors; 35 than 30 minutes is not deemed to interrupt a continuous period
7 deleting a provision authorizing the Department of 36 of work. Minors 16 and 17 years of age who are employed,
8 Business and Professional Regulation to grant a waiver 37 permitted, or suffered to work for 8 hours or more in any one
9 of such restrictions; providing an effective date. 38 day as authorized by this section may not be employed,
10 39 permitted, or suffered to work for more than 4 hours
11 Be It Enacted by the Legislature of the State of Florida: 40 continuously without an interval of at least 30 minutes for a
12 41 meal period.
13 Section 1. Subsections (2), (4), (5), and (6) of section 42 (4)(5) Subsections (1), (2), and (3) (1)-(4) do not apply
14 450.081, Florida Statutes, are amended to read: 43 to:
15 450.081 Hours of work in certain occupations.— 44 (a) Minors 14 16 and 15 17 years of age who have graduated
16 (2)(a) Minors 16 and 17 years of age may not be employed, 45 from high school or received a high school equivalency diploma.
17 permitted, or suffered to work: 46 (b) Minors 14 and 15 years of age who are within the
18 1. Before 6:30 a.m. or after 11 p.m. when school is 47 compulsory school attendance age limit and who hold a valid
19 scheduled the following day. 48 certificate of exemption issued by the school superintendent or
20 2. For more than 8 hours in any one day when school is 49 his or her designee pursuant to s. 1003.21(3).
21 scheduled the following day, except when the day of work is on a 50 (c) Minors enrolled in a public an educational institution
22 holiday or Sunday. 51 who qualify on a hardship basis, such as economic necessity or
23 3. For more than 30 hours in any one week when school is in 52 family emergency. The school superintendent or his or her
24 session. However, a minor’s parent or custodian, or the school 53 designee shall make such determination and issue a waiver of
25 superintendent or his or her designee, may waive the limitation 54 hours to the minor and the employer. The form and contents
26 imposed in this subparagraph on a form prescribed by the 55 thereof must shall be prescribed by the department.
27 department and provided to the minor’s employer. 56 (d) Minors 14 16 and 15 17 years of age who are in a home
28 (b) On any school day, minors 16 and 17 years of age who 57 education program or are enrolled in an approved virtual
29 are not enrolled in a career education program may not be 58 instruction program in which the minor is separated from the
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2025 SB 918
14-01191-25 2025918__
59 teacher by time only.
60 (e) Minors in domestic service in private homes, minors
61 employed by their parents, or pages in the Florida Legislature.
62 (6) The department may grant a waiver of the restrictions
63 imposed by this section pursuant to s. 450.095.
64 Section 2. This act shall take effect July 1, 2025.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 5, 2025
I respectfully request that Senate Bill #918, relating to Employment of Minors, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Jay Collins
Florida Senate, District 14
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25.March.202l APFEIRNilCE RECORD SB 918
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Orlando FL 32801
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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 1734
INTRODUCER: Commerce and Tourism Committee and Senator Collins
SUBJECT: Florida Kratom Consumer Protection Act
DATE: March 25, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Dike McKay CM Fav/CS
2. AEG
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1734 amends the Florida Kratom Consumer Protection Act to create requirements for
kratom products manufactured, delivered, offered for sale, distributed, or sold by processors in
this state. The bill sets out requirements for processors for state and federal registration, proof of
testing and analysis for kratom products, and reporting of adverse health events. The bill also
creates penalties for violations of s. 500.92, F.S.
The bill takes effect July 1, 2025.
II. Present Situation:
Florida Kratom Consumer Protection Act of 2023
In 2023, the Legislature enacted the Florida Kratom Consumer Protection Act,1 which made it
unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a
person under 21 years of age. The Florida Department of Agriculture and Consumer Services
(FDACS) adopted rules to implement the act.2
1
Section 500.92, F.S.
2
Fla. Admin. Code R. 5K-4.030.
BILL: CS/SB 1734 Page 2
Kratom
Kratom is a tropical tree native to Southeast Asia that contains mitragynine and 7-
hydroxymytragynine in its leaves, which are two major psychoactive ingredients.3 The leaves are
crushed and then smoked, brewed with tea, or placed into gel capsules.4 Consumption of kratom
leaves can produce stimulant and sedative effects, and may also lead to psychotic symptoms.5
Some research finds that kratom can be used as a substitute for opiate users to combat
withdrawal symptoms, as well as to treat muscle ache, fatigue, and other conditions.6 Low doses
of kratom are said to produce a stimulant effect, while higher doses may produce an opioid-like
effect.7 Additionally, research points to the potential for further development of mitragynine and
the use of kratom as a harm reduction agent.8 Even so, the toxicity of kratom remains a topic of
discussion, as well as its potential to cause herb-drug interactions and even be involved in
fatalities.9 While research on kratom is in early stages, kratom itself has the potential to be
addictive and has not been shown to be safe or effective for any medical use.10
Currently, kratom is not listed as a controlled substance under federal law or Florida law.
However, in 2014, Sarasota County banned kratom, labeling it as a designer drug.11 With the
exception of Sarasota County, in Florida, all parts of the plant and its extracts are legal to
cultivate, buy, possess, and distribute without a license or prescription. Kratom is illegal in
Alabama,12 Arkansas,13 Indiana,14 Rhode Island,15 Vermont,16 and Wisconsin.17 In 12 other states
the possession, sale, manufacture, and distribution of kratom products is regulated.18
3
Drug Enforcement Administration, Kratom (April 2020), available at https://www.dea.gov/sites/default/files/2020-
06/Kratom-2020_0.pdf (last visited Mar. 25, 2025).
4
Id.
5
Id.
6
See Dimy Fluyau and Neelambika Revedigar, Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom,
FRONTIERS IN PSYCH. J. VOL. 8 (April 24, 2017) available at
https://www.frontiersin.org/articles/10.3389/fpsyt.2017.00062/full (last visited Mar. 25, 2025).
7
Fluyau and Neelambika, supra note 6.
8
See Charles Veltri and Oliver Grundmann, Current Perspectives on the Impact of Kratom Use, SUBSTANCE ABUSE AND
REHAB. J. VOL. 10, 23-31 (July 1, 2019) available at https://pubmed.ncbi.nlm.nih.gov/31308789/ (last visited Mar. 25, 2025).
9
Id.; see also FLORIDA DEPT. LAW ENF’T, Drugs Identified in Deceased Persons by Florida Medical Examiners (May 2022),
available at https://www.fdle.state.fl.us/MEC/Publications-and-Forms/Documents/Drugs-in-Deceased-Persons/2021-Interim-
Drug-Report-FINAL.aspx (last visited Mar. 25, 2025). In May of 2022 the Florida Department of Law Enforcement
published its 2021 Interim Report, which found a 36% rise in kratom-involved deaths over the first half of 2021.
10
NAT’L CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH, Kratom, available at
https://www.nccih.nih.gov/health/kratom (last visited Mar. 25, 2025).
11
See SARASOTA, FL, Code of Ordinances, Sec. 62-351 (2014).
12
See ALABAMA PUBLIC HEALTH, Controlled Substance List (Jan. 20, 2021), available at
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited Mar. 25, 2025).
13
See ARKANSAS DEPT. OF HEALTH, List of Controlled Substances, available at
http://secureservercdn.net/166.62.109.105/e17.085.myftpupload.com/wp-content/uploads/2016/02/arkansas-
controlled_substances_list.pdf (last visited Mar. 25, 2025).
14
See IC 35-31.5-2-321.
15
See RHODE ISLAND DEPT. OF HEALTH, Notice of Designation of Controlled Substance (May 31, 2017), available at
https://docs.wixstatic.com/ugd/9ba5da_9836aee2b9f04a30b55fe480fe3c6ff4.pdf. (last visited Mar. 25, 2025).
16
See Vt. Admin. Code 12-5-23:4.0.
17
See W.S.A. 961.14.
18
See LEGIS. ANALYSIS AND PUB. POL’Y ASS’N, Regulation of Kratom in America: Update (September 2022), available at
https://legislativeanalysis.org/wp-content/uploads/2022/10/Kratom-Fact-Sheet-FINAL.pdf (last visited Mar. 25, 2025).
BILL: CS/SB 1734 Page 3
Following an updated import alert that provides information to U.S. Food and Drug
Administration (FDA) field staff about detaining without physical examination imported dietary
supplements and bulk dietary ingredients that are or contain kratom,19 in May of 2021, the FDA
announced the seizure of around 37,500 tons of adulterated kratom in Florida, worth an
estimated $1.3 million.20 The FDA’s Associate Commissioner for Regulatory Affairs stated that
there is substantial concern regarding the safety of kratom and the risk it may pose to public
health and indicated that there are currently no FDA-approved uses for kratom.21
The U.S. Department of Justice, on behalf of the FDA, filed a complaint in the U.S. District
Court for the Middle District of Florida alleging that kratom is a new dietary ingredient for
which there is inadequate information to provide reasonable assurance that it does not present a
significant or unreasonable risk of illness or injury.22 Additionally, the FDA stated that dietary
supplements and bulk dietary ingredients that are or contain kratom are adulterated under the
Federal Food, Drug, and Cosmetic Act.23 On October 26, 2021, a consent decree of
condemnation and destruction against the articles seized by the FDA in May of 2021 was
entered, which requires the claimants to pay a penal bond and destroy all seized articles.24
III. Effect of Proposed Changes:
Kratom Consumer Protection
Section 1 amends s. 500.92, F.S., to establish product, reporting, and registration requirements,
in addition to punishments for violations of the bill for kratom products sold in this state.
Definitions
The bill provides the following definitions:
• “Attractive to children” means a product manufactured: (1) In a shape that resembles a
human, a cartoon character, or an animal; (2) In a form that resembles an existing candy
product that is a widely distributed, branded food item; or (3) Using any color additives.
• “Finished kratom product” means a kratom product that is ready for sale to the end user. For
purposes of registration, a finished kratom product is differentiated by its ingredients, not by
its weight, volume, or size.
• “Kratom” means the plant or any part of the plant Mitragyna speciosa.
19
The import alert labels kratom as an adulterating ingredient. See U.S. FDA, Import Alert 54-15, available at
https://www.accessdata.fda.gov/CMS_IA/importalert_1137.html (last visited Mar. 25, 2025) The FDA labeled kratom as
adulterating based on the absence of a history of use or other evidence of safety establishing that kratom will reasonably be
expected to be safe as a dietary ingredient, kratom and kratom-containing dietary supplements and bulk dietary ingredients
are adulterated because they contain a new dietary ingredient for which there is inadequate information to provide reasonable
assurance that such ingredient does not present a significant or unreasonable risk of illness or injury.
20
U.S. FDA, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom (May 21, 2021), available at
https://www.fda.gov/news-events/press-announcements/fda-announces-seizure-adulterated-dietary-supplements-containing-
kratom (last visited Mar. 25, 2025).
21
Id.
22
Id.
23
Id.; see also FDA, FDA Roundup: April 28, 2023, available at https://www.fda.gov/news-events/press-announcements/fda-
roundup-april-28-2023 (last visited Mar. 25, 2025) (describing a 2023 seizure of kratom-adulterated products).
24
Id.
BILL: CS/SB 1734 Page 4
• “Kratom beverage” means a prepackaged liquid kratom product in the form of a tea, seltzer
or tonic water, or tincture.
• “Kratom food service establishment” means any public food service establishment licensed
as provided in ch. 509, F.S. which sells finished kratom products.
• “Kratom product” means a food product, food ingredient, dietary ingredient, dietary
supplement, or beverage intended for human consumption which contains any part of the leaf
of the plant Mitragyna speciosa and is manufactured as a powder, capsule, pill, beverage, or
other consumable form.
• “Processor” means a person who manufactures, delivers, offers for sale, distributes, or sells
kratom products.
Product Requirements
Under the bill, a processor may not manufacture, deliver, offer for sale, distribute, or sell a
finished kratom product that:
• Is not in the delivery form of dried leaves, kratom beverages, powders, pills, liquid dietary
supplements, gummies or food that are not attractive to children, or capsules.
• Contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom
constituents.
• Contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 2% of
the alkaloid composition of the kratom product.
• Is not registered with FDACS pursuant to s. 500.92, F.S.
• Does not have a certificate of analysis submitted to FDACS as required by this section.
• Does not comply with the packaging and labeling requirements set forth in ch. 500, F.S., and
the rules adopted pursuant thereto. Such kratom products are considered misbranded.
• Is attractive to children.
• Is in a container that:
o Is not suitable to contain products for human consumption;
o Is not compliant with the U.S. Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
1471 et seq.; or
o Does not contain graduated measuring devices, if applicable.
• Is adulterated, including containing metals, pesticides, or pathogens in excess of the limits set
by this section or FDACS’s rules.
Additionally, a processor may not manufacture, deliver, offer for sale, distribute, or sell a
finished kratom product that does not include directions for consumption of the kratom product
on the product’s label, including, but not limited to:
• Maximum dosage of 40 milligrams of mitragynine per serving.
• Number of servings per package.
• Milligrams of 7-hydroxmitragynine and mitragynine per serving.
• A warning which advises consumers of the number of servings that may be safely consumed
in a 24-hour period.
• A warning prohibiting use by individuals who are under 21 years of age.
• A warning which advises against use by individuals who are pregnant or breastfeeding.
• A warning which advises the consumer to consult a health care professional before use, that
the product may be habit-forming, and that it may cause adverse health effects.
BILL: CS/SB 1734 Page 5
• A warning stating the following: “These statements have not been evaluated by the United
States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or
prevent any disease.”
• The expiration date.
• The name and place of business of the registrant.
Permit and Federal Registration Requirements
The bill provides that kratom products may only be manufactured by, delivered to, offered for
sale by, distributed by, or sold by a processor who holds a permit to operate as a food
establishment as defined in s. 500.03, F.S, or as a convenience store or kava or kratom bar that
does not prepare, serve, or sell other food products besides kratom products and is not considered
cottage food operations. A processor may not operate as a cottage food operation pursuant to s.
500.80, F.S. and is not exempt from food permit requirements pursuant to s. 500.12(1)(a)1, F.S.
The bill also requires that a processor that manufactures, processes, packs, or offers for sale
kratom, kratom products, or finished kratom products must be properly registered with the FDA,
except for processors exclusively selling finished kratom products at retail.
State Registration Requirements
A processor must register its finished kratom product with FDACS annually. A processor must
also certify by sworn statement that any finished kratom product that any finished kratom
product the processor manufactures, delivers, offers for sale, distributes, or sells in this state:
• Is registered with the state; and
• Does not contain dangerous or harmful substances, including, but not limited to, red-OH,
synthetic 7-OH, synthetic 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl,
super alkaloid, or any other synthetically derived compounds, synthetic alkaloids, or
controlled substances.
For each batch of a registered finished kratom product, the processor must retain and submit,
upon request, a certificate of analysis to FDACS from an independent, third-party, accredited
laboratory affiliated with a university based in Florida. The laboratory must be accredited under
the International Organization for Standardization (ISO)/International Electrotechnical
Commission (IEC) 17025:2017 General Requirements for Competence of Testing and
Calibration Laboratories standard by an accreditation body that is a signatory to the International
Laboratory Accreditation Cooperation Mutual Recognition Arrangement or a subsequent
arrangement. The bill also requires that:
• The processor may not have any direct or indirect financial or economic interest in the
laboratory or accrediting body.
• The processor must maintain the certificates of analysis for at least one year after the finished
kratom product’s expiration date.
• The certificate of analysis must demonstrate that the finished kratom product complies with
the statutory and rule concentration limits for:
o Alkaloid and alkaloid metabolites;
o Residual solvents;
o Heavy metals, including cadmium, arsenic, mercury, and lead; and
o Pesticides and any other substance limited by FDACS regulations.
BILL: CS/SB 1734 Page 6
Further, kratom food service establishments:
• Must comply with s. 500.92, F.S., for finished kratom products that they serve.
• Are not required to have a separate registration for kratom beverages combined with another
food or beverage by the kratom food service establishment for consumption on the premises.
• Shall not serve kratom beverages combined with alcohol, drugs, or other kratom products.
The bill also sets out that a processor assumes all responsibility and liability for its kratom and
kratom products.
Reporting and Testing
If a processor or FDACS receives notice of any adverse health event suspected of being related
to the processor’s kratom product, the processor or FDACS must submit an adverse event report
to the FDA per 21 U.S.C. s. 379aa-1(b)(1).
If probable cause exists that a kratom product may be adulterated, FDACS may require an
independent third-party test of the kratom product, and the processor must pay the cost of the
test. If the processor does not make such payment to FDACS within 30 days after receiving the
invoice for the testing fee, FDACS must revoke the registration for that product.
Violations
The bill mandates that a processor that manufactures, delivers, offers for sale, distributes, or sells
a finished kratom product that (1) contains a level of synthetic 7-hydroxymitragynine in the
alkaloid fraction which is greater than 2% of the alkaloid composition of the kratom product or
(2) is not registered with FDACs, commits a felony of the third degree, punishable as provided in
s. 775.082, F.S., or s. 232 775.083, F.S.
Kratom products possessed, manufactured, delivered, offered for sale, distributed, or sold in
violation of this bill by an entity regulated under ch. 500, F.S., are subject to s. 500.172, F.S., and
an immediate stop-sale order, and the entity is subject to penalties as provided in s. 500.121, F.S.
FDACS may not grant permission to remove or use, except for disposal, finished kratom
products subject to a stop-sale order which are attractive to children until the finished kratom
products comply with s. 500.92, F.S.
If a processor fails to provide a certificate of analysis within two days of receiving a request from
FDACS, or fails to immediately report an adverse health event, FDACS may revoke the
processor’s finished kratom product registration.
Under the bill, a processor that manufactures, delivers, offers for sale, distributes, or sells a
kratom product that contains:
• any controlled substance listed in s. 893.03, F.S.;
• an alkaloid not naturally present in kratom;
• a synthetic alkaloid or a synthetic alkaloid metabolite, including, but not limited to, red-
OH, synthetic 7-OH, synthetic 7-hydroxymitragynine, synthetic mitragynine,
pseudoindoxyl, super alkaloid; or
• any other synthetically derived compounds of the plant Mitragyna speciosa, or a level of
7-hydroxymitragynine in the alkaloid fraction which is greater than 2%
BILL: CS/SB 1734 Page 7
is in violation s. 500.92, F.S.
Further, if a laboratory fails to ensure the accuracy of its certificates of analysis, the laboratory is
subject to administrative fines as provided by FDACS rule pursuant to this bill.
Funding for Implementation
Section 2 appropriates $1,920,141.22 in recurring funds, $1,791,608 in nonrecurring funds, and
$1,508,152.18 for salary for 24 full-time employees from the General Inspection Trust Fund to
FDACS for the 2025-2026 fiscal year to implement this bill.
Effective Date
Section 3 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate. There will be an increased cost to processors to manufacture, produce, and
sell kratom products in the state due to the registration, reporting, and testing
requirements in the bill.
BILL: CS/SB 1734 Page 8
C. Government Sector Impact:
There is an increased workload on FDACS to govern registration and reporting
requirements for kratom products. The bill appropriates $1,920,141.22 in recurring funds,
$1,791,608 in nonrecurring funds, and $1,508,152.18 for salary for 24 full-time
employees from the General Inspection Trust Fund to FDACS for implementation.
VI. Technical Deficiencies:
None.
VII. Related Issues:
In their agency bill analysis, the Florida Department of Law Enforcement (FDLE) noted that:
• A laboratory cannot determine whether an alkaloid is synthetic or natural.
• Red-OH and super alkaloid appear to be names of tablets containing 7-hydroxymitragynine.
• Synthetic 7-OH is synthetic 7-hydroxymitragynine.
• If FDACS requests that FDLE be the third-party laboratory for testing, FDLE does not have
the instrumentation or training needed to perform full quantification to determine whether the
level of active ingredient is greater than 2% of the product’s alkaloid composition.
As such, the processor may not be able to guarantee that their kratom product does not contain
synthetic alkaloids in the sworn statement required by subsection (6)(a). Moreover, some of the
listed substances may be duplicative of other listed substances in subsection (8)(e).
VIII. Statutes Affected:
This bill substantially amends section 500.92 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on March 25, 2025:
The amendment:
• Changes the definition of “kratom product” to substitute the word “edible” for
“consumable.”
• Strengthens the product requirements for kratom manufactured, delivered, offered for
sale, distributed, or sold in the state.
• Includes specified convenience stores, kava bars, and kratom bars in establishments
that may manufacture, deliver, offer for sale, distribute, or sell kratom products.
• Alters the testing requirements for registered kratom products.
• Removes language from the bill which limited the amount of solvents and type of
solvents used in kratom products.
BILL: CS/SB 1734 Page 9
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 - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1734 Bill No. SB 1734
Ì406210_Î406210 Ì406210_Î406210
LEGISLATIVE ACTION 11 which sells finished kratom products.
Senate . House 12 (f) “Kratom product” means a food product, food ingredient,
Comm: RS . 13 dietary ingredient, dietary supplement, or beverage intended for
03/25/2025 . 14 human consumption which contains any part of the leaf of the
. 15 plant Mitragyna speciosa or an extract, synthetic alkaloid, or
. 16 synthetically derived compound of such plant and is manufactured
. 17 as a powder, capsule, pill, beverage, or other consumable edible
18 form.
19 (g) “Processor” means a person who manufactures, delivers,
20 offers for sale, distributes, or sells kratom products.
21 (3) PRODUCT REQUIREMENTS.—A processor may not manufacture,
22 deliver, offer for sale, distribute, or sell a finished kratom
23 product that:
24 (a) Is not one of the following approved delivery forms:
25 1. Dried leaf;
The Committee on Commerce and Tourism (Collins) recommended the 26 2. Kratom beverage;
following: 27 3. Powder;
28 4. Pill;
1 Senate Amendment (with title amendment) 29 5. Liquid dietary supplement;
2 30 6. Gummy or food that are not attractive to children; or
3 Delete lines 77 - 189 31 7. Capsule.
4 and insert: 32 (b) Contains or is adulterated with synthesized or semi-
5 Mitragyna speciosa in any form. 33 synthesized kratom alkaloids or kratom constituents.
6 (d) “Kratom beverage” means a prepackaged liquid kratom 34 (c) Contains a level of 7-hydroxymitragynine in the
7 product in the form of a tea, seltzer or tonic water, or 35 alkaloid fraction which is greater than 2 percent of the
8 tincture. 36 alkaloid composition of the kratom product.
9 (e) “Kratom food service establishment” means any public 37 (d) Is not registered with the department pursuant to this
10 food service establishment licensed as provided in chapter 509 38 section.
39 (e) Does not have a certificate of analysis submitted to
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40 the department as required by this section. 69 solvents set forth in USP-NF chapter 467.
41 (f) Does not include directions for consumption of the 70 (i) Contains levels of Class 3 solvents greater than the
42 kratom product on the product’s label, including, but not 71 limits set forth in USP-NF chapter 467.
43 limited to: 72 (j) Is attractive to children.
44 1. Maximum dosage of 40 milligrams of mitragynine per 73 (k) Is in a container that:
45 serving; 74 1. Is not suitable to contain products for human
46 2. Number of servings per package; 75 consumption; or
47 3. Milligrams of 7-hydroxymitragynine and mitragynine per 76 2. Is not compliant with the United States Poison
48 serving; 77 Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
49 4. A warning advising consumers of the number of servings 78 3. Does not contain a graduated measuring device, if
50 that may be safely consumed in a 24-hour period; 79 applicable.
51 5. A warning prohibiting use by individuals who are under 80 (l) Is adulterated, including containing metals,
52 21 years of age; 81 pesticides, or pathogens in excess of the limits set by this
53 6. A warning advising against use by individuals who are 82 section or department rule.
54 pregnant or breastfeeding; 83 (4)(3) AGE RESTRICTION.—It is unlawful to sell, deliver,
55 7. A warning advising the consumer to consult a health care 84 barter, furnish, or give, directly or indirectly, any kratom
56 professional before use, that the product may be habit-forming, 85 product to a person who is under 21 years of age.
57 and that it may cause adverse health effects; 86 (5) PERMIT AND FEDERAL REGISTRATION REQUIREMENTS FOR
58 8. A warning stating the following: “These statements have 87 PROCESSORS.—
59 not been evaluated by the United States Food and Drug 88 (a) Kratom products may only be manufactured by, delivered
60 Administration. This product is not intended to diagnose, treat, 89 to, offered for sale by, distributed by, or sold by a processor
61 cure, or prevent any disease.”; 90 who holds a permit to operate as a food establishment as defined
62 9. The expiration date; and 91 in s. 500.03 or a convenience store or kava or kratom bar that
63 10. The name and place of business of the registrant. 92 does not prepare, serve, or sell other food products besides
64 (g) Does not comply with the packaging and labeling 93 kratom products is not considered cottage food operations. A
65 requirements set forth in this chapter and the rules adopted 94 processor may not operate as a cottage food operation pursuant
66 pursuant thereto. Such kratom products are considered 95 to s. 500.80 and is not exempt from food permit requirements
67 misbranded. 96 pursuant to s. 500.12(1)(a)1.
68 (h) Is extracted using solvents other than water or Class 3 97 (b) A processor that manufactures, processes, packs, or
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98 offers for sale kratom, kratom products, or finished kratom 127 arrangement. The processor may
99 products must be properly registered with the United States Food 128
100 and Drug Administration. Processors exclusively selling finished 129 ================= T I T L E A M E N D M E N T ================
101 kratom products at retail are not required to register with the 130 And the title is amended as follows:
102 United States Food and Drug Administration. 131 Delete line 20
103 (6) REGISTRATION.— 132 and insert:
104 (a) A processor shall certify by sworn statement that any 133 processor of a finished kratom product to retain and
105 finished kratom product it manufactures, delivers, offers for 134 submit a
106 sale, distributes, or sells in this state is registered with the
107 department and does not contain dangerous or harmful substances,
108 including, but not limited to, red-OH, synthetic 7-OH, synthetic
109 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl,
110 super alkaloid, or any other synthetically derived compounds,
111 synthetic alkaloids, or controlled substances. Such registration
112 must be renewed annually.
113 (b) A processor shall assume all responsibility and
114 liability for its kratom, kratom product, or finished kratom
115 product.
116 (c) For each batch of a registered finished kratom product,
117 the processor shall retain and submit, upon request, a
118 certificate of analysis to the department from an accredited
119 laboratory affiliated with a university based in Florida. The
120 laboratory must be accredited under the International
121 Organization for Standardization (ISO)/International
122 Electrotechnical Commission (IEC) 17025:2017 General
123 Requirements for Competence of Testing and Calibration
124 Laboratories standard by an accreditation body that is a
125 signatory to the International Laboratory Accreditation
126 Cooperation Mutual Recognition Arrangement or a subsequent
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Ì371938LÎ371938 Ì371938LÎ371938
LEGISLATIVE ACTION 11 food service establishment licensed as provided in chapter 509
Senate . House 12 which sells finished kratom products.
Comm: RCS . 13 (f) “Kratom product” means a food product, food ingredient,
03/25/2025 . 14 dietary ingredient, dietary supplement, or beverage intended for
. 15 human consumption which contains any part of the leaf of the
. 16 plant Mitragyna speciosa or an extract, synthetic alkaloid, or
. 17 synthetically derived compound of such plant and is manufactured
18 as a powder, capsule, pill, beverage, or other consumable edible
19 form.
20 (g) “Processor” means a person who manufactures, delivers,
21 offers for sale, distributes, or sells kratom products.
22 (3) PRODUCT REQUIREMENTS.—A processor may not manufacture,
23 deliver, offer for sale, distribute, or sell a finished kratom
24 product that:
25 (a) Is not one of the following approved delivery forms:
The Committee on Commerce and Tourism (Collins) recommended the 26 1. Dried leaf;
following: 27 2. Kratom beverage;
28 3. Powder;
1 Senate Substitute for Amendment (406210) (with title 29 4. Pill;
2 amendment) 30 5. Liquid dietary supplement;
3 31 6. Gummy or food that are not attractive to children; or
4 Delete lines 77 - 189 32 7. Capsule.
5 and insert: 33 (b) Contains or is adulterated with synthesized or semi-
6 Mitragyna speciosa in any form. 34 synthesized kratom alkaloids or kratom constituents.
7 (d) “Kratom beverage” means a prepackaged liquid kratom 35 (c) Contains a level of 7-hydroxymitragynine in the
8 product in the form of a tea, seltzer or tonic water, or 36 alkaloid fraction which is greater than 2 percent of the
9 tincture. 37 alkaloid composition of the kratom product.
10 (e) “Kratom food service establishment” means any public 38 (d) Is not registered with the department pursuant to this
39 section.
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40 (e) Does not have a certificate of analysis submitted to 69 (h) Is attractive to children.
41 the department as required by this section. 70 (i) Is in a container that:
42 (f) Does not include directions for consumption of the 71 1. Is not suitable to contain products for human
43 kratom product on the product’s label, including, but not 72 consumption;
44 limited to: 73 2. Is not compliant with the United States Poison
45 1. Maximum dosage of 40 milligrams of mitragynine per 74 Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.; or
46 serving; 75 3. Does not contain a graduated measuring device, if
47 2. Number of servings per package; 76 applicable.
48 3. Milligrams of 7-hydroxymitragynine and mitragynine per 77 (j) Is adulterated, including containing metals,
49 serving; 78 pesticides, or pathogens in excess of the limits set by this
50 4. A warning advising consumers of the number of servings 79 section or department rule.
51 that may be safely consumed in a 24-hour period; 80 (4)(3) AGE RESTRICTION.—It is unlawful to sell, deliver,
52 5. A warning prohibiting use by individuals who are under 81 barter, furnish, or give, directly or indirectly, any kratom
53 21 years of age; 82 product to a person who is under 21 years of age.
54 6. A warning advising against use by individuals who are 83 (5) PERMIT AND FEDERAL REGISTRATION REQUIREMENTS FOR
55 pregnant or breastfeeding; 84 PROCESSORS.—
56 7. A warning advising the consumer to consult a health care 85 (a) Kratom products may only be manufactured by, delivered
57 professional before use, that the product may be habit-forming, 86 to, offered for sale by, distributed by, or sold by a processor
58 and that it may cause adverse health effects; 87 who holds a permit to operate as a food establishment as defined
59 8. A warning stating the following: “These statements have 88 in s. 500.03 or as a convenience store or kava or kratom bar
60 not been evaluated by the United States Food and Drug 89 that does not prepare, serve, or sell other food products
61 Administration. This product is not intended to diagnose, treat, 90 besides kratom products and is not considered a cottage food
62 cure, or prevent any disease.”; 91 operation. A processor may not operate as a cottage food
63 9. The expiration date; and 92 operation pursuant to s. 500.80 and is not exempt from food
64 10. The name and place of business of the registrant. 93 permit requirements pursuant to s. 500.12(1)(a)1.
65 (g) Does not comply with the packaging and labeling 94 (b) A processor that manufactures, processes, packs, or
66 requirements set forth in this chapter and the rules adopted 95 offers for sale kratom, kratom products, or finished kratom
67 pursuant thereto. Such kratom products are considered 96 products must be properly registered with the United States Food
68 misbranded. 97 and Drug Administration. Processors exclusively selling finished
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Florida Senate - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1734 Bill No. SB 1734
Ì371938LÎ371938 Ì371938LÎ371938
98 kratom products at retail are not required to register with the 127 And the title is amended as follows:
99 United States Food and Drug Administration. 128 Delete line 20
100 (6) REGISTRATION.— 129 and insert:
101 (a) A processor shall certify by sworn statement that any 130 processor of a finished kratom product to retain and
102 finished kratom product it manufactures, delivers, offers for 131 submit a
103 sale, distributes, or sells in this state is registered with the
104 department and does not contain dangerous or harmful substances,
105 including, but not limited to, red-OH, synthetic 7-OH, synthetic
106 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl,
107 super alkaloid, or any other synthetically derived compounds,
108 synthetic alkaloids, or controlled substances. Such registration
109 must be renewed annually.
110 (b) A processor shall assume all responsibility and
111 liability for its kratom, kratom product, or finished kratom
112 product.
113 (c) For each batch of a registered finished kratom product,
114 the processor shall retain and submit, upon request, a
115 certificate of analysis to the department from an accredited
116 laboratory affiliated with a university based in Florida. The
117 laboratory must be accredited under the International
118 Organization for Standardization (ISO)/International
119 Electrotechnical Commission (IEC) 17025:2017 General
120 Requirements for Competence of Testing and Calibration
121 Laboratories standard by an accreditation body that is a
122 signatory to the International Laboratory Accreditation
123 Cooperation Mutual Recognition Arrangement or a subsequent
124 arrangement. The processor may
125
126 ================= T I T L E A M E N D M E N T ================
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Florida Senate - 2025 SB 1734 Florida Senate - 2025 SB 1734
By Senator Collins
14-00600B-25 20251734__ 14-00600B-25 20251734__
1 A bill to be entitled 30 date; requiring that the certificate of analysis
2 An act relating to the Florida Kratom Consumer 31 demonstrate that the finished kratom product is in
3 Protection Act; amending s. 500.92, F.S.; defining 32 compliance with statutory and rule concentration
4 terms; revising the definition of the term “kratom 33 limits for specified substances; requiring that
5 product”; prohibiting processors from manufacturing, 34 certain finished kratom products comply with product
6 delivering, offering for sale, distributing, or 35 registration and testing requirements; providing an
7 selling finished kratom products that do not meet 36 exception; prohibiting the serving of kratom beverages
8 specified requirements; requiring that kratom products 37 combined with alcohol, drugs, or other kratom
9 be manufactured by, delivered to, offered for sale by, 38 products; requiring a processor or the department to
10 distributed by, or sold by a processor who holds a 39 submit a certain report to the United States Food and
11 certain permit; prohibiting specified operations; 40 Drug Administration if a processor or the department
12 prohibiting exemption from certain requirements; 41 receives a certain notice; authorizing the department
13 requiring such processors to be registered with the 42 to conduct an independent third-party test of a kratom
14 United States Food and Drug Administration; providing 43 product if probable cause exists that the product is
15 an exception; requiring processors to make a certain 44 adulterated; requiring the processor to pay the
16 certification regarding their finished kratom 45 testing cost; authorizing the department to revoke the
17 products; requiring a processor to assume 46 processor’s product registration if the processor
18 responsibility and liability for its kratom, kratom 47 fails to pay for such test within a specified
19 product, and finished kratom product; requiring a 48 timeframe; providing criminal penalties; providing
20 processor of a finished kratom product to submit a 49 that certain kratom products are subject to a stop-
21 certificate of analysis from a certain laboratory to 50 sale order; authorizing the department to revoke a
22 the Department of Agriculture and Consumer Services 51 processor’s finished kratom product registration under
23 for each batch of finished kratom product; specifying 52 certain circumstances; providing that a processor
24 requirements for such laboratory; prohibiting the 53 whose kratom product contains a controlled substance
25 processor from having any financial or economic 54 or other prohibited substances is in violation of this
26 interest in such laboratory or the body accrediting 55 act; providing an administrative fine; providing an
27 such laboratory; requiring the processor to maintain 56 appropriation; providing an effective date.
28 its certificates of analysis for a specified amount of 57
29 time after the finished kratom product’s expiration 58 Be It Enacted by the Legislature of the State of Florida:
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59 88 synthetically derived compound of such plant and is manufactured
60 Section 1. Section 500.92, Florida Statutes, is amended to 89 as a powder, capsule, pill, beverage, or other edible form.
61 read: 90 (g) “Processor” means a person who manufactures, delivers,
62 500.92 Florida Kratom Consumer Protection Act.— 91 or offers for sale, distributes, or sells kratom products.
63 (1) SHORT TITLE.—This section may be cited as the “Florida 92 (3) PRODUCT REQUIREMENTS.—A processor may not manufacture,
64 Kratom Consumer Protection Act.” 93 deliver, offer for sale, distribute, or sell a finished kratom
65 (2) DEFINITIONS.—As used in this section, the term: 94 product that:
66 (a) “Attractive to children” means a product manufactured: 95 (a) Is not one of the following approved delivery forms:
67 1. In a shape that resembles a human, a cartoon character, 96 1. Dried leaf;
68 or an animal; 97 2. Kratom beverage;
69 2. In a form that resembles an existing candy product that 98 3. Powder;
70 is a widely distributed, branded food item; or 99 4. Pill; or
71 3. Using any color additives. 100 5. Capsule.
72 (b) “Finished kratom product” means a kratom product that 101 (b) Contains a level of synthetic 7-hydroxymitragynine in
73 is ready for sale to the end user. For purposes of registration, 102 the alkaloid fraction which is greater than 2 percent of the
74 a finished kratom product is differentiated by its ingredients, 103 alkaloid composition of the kratom product.
75 not by its weight, volume, or size. 104 (c) Is not registered with the department pursuant to this
76 (c) “Kratom” means the plant or any part of the plant 105 section.
77 Mitragyna speciosa. 106 (d) Does not have a certificate of analysis submitted to
78 (d) “Kratom beverage” means a prepackaged liquid kratom 107 the department as required by this section.
79 product in the form of a tea, seltzer or tonic water, or 108 (e) Does not include directions for consumption of the
80 tincture. 109 kratom product on the product’s label, including, but not
81 (e) “Kratom food service establishment” means any public 110 limited to:
82 food service establishment licensed as provided in chapter 509 111 1. Maximum dosage of 40 milligrams of mitragynine per
83 which sells finished kratom products. 112 serving;
84 (f) “Kratom product” means a food product, food ingredient, 113 2. Number of servings per package;
85 dietary ingredient, dietary supplement, or beverage intended for 114 3. Milligrams of 7-hydroxymitragynine and mitragynine per
86 human consumption which contains any part of the leaf of the 115 serving;
87 plant Mitragyna speciosa or an extract, synthetic alkaloid, or 116 4. A warning advising consumers of the number of servings
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117 that may be safely consumed in a 24-hour period; 146 applicable.
118 5. A warning prohibiting use by individuals who are under 147 (k) Is adulterated, including containing metals,
119 21 years of age; 148 pesticides, or pathogens in excess of the limits set by this
120 6. A warning advising against use by individuals who are 149 section or department rule.
121 pregnant or breastfeeding; 150 (4)(3) AGE RESTRICTION.—It is unlawful to sell, deliver,
122 7. A warning advising the consumer to consult a health care 151 barter, furnish, or give, directly or indirectly, any kratom
123 professional before use, that the product may be habit-forming, 152 product to a person who is under 21 years of age.
124 and that it may cause adverse health effects; 153 (5) PERMIT AND FEDERAL REGISTRATION REQUIREMENTS FOR
125 8. A warning stating the following: “These statements have 154 PROCESSORS.—
126 not been evaluated by the United States Food and Drug 155 (a) Kratom products may only be manufactured by, delivered
127 Administration. This product is not intended to diagnose, treat, 156 to, offered for sale by, distributed by, or sold by a processor
128 cure, or prevent any disease.”; 157 who holds a permit to operate as a food establishment as defined
129 9. The expiration date; and 158 in s. 500.03. A processor may not operate as a cottage food
130 10. The name and place of business of the registrant. 159 operation pursuant to s. 500.80 and is not exempt from food
131 (f) Does not comply with the packaging and labeling 160 permit requirements pursuant to s. 500.12(1)(a)1.
132 requirements set forth in this chapter and the rules adopted 161 (b) A processor that manufactures, processes, packs, or
133 pursuant thereto. Such kratom products are considered 162 offers for sale kratom, kratom products, or finished kratom
134 misbranded. 163 products must be properly registered with the United States Food
135 (g) Is extracted using solvents other than water or Class 3 164 and Drug Administration. Processors exclusively selling finished
136 solvents set forth in USP-NF chapter 467. 165 kratom products at retail are not required to register with the
137 (h) Contains levels of Class 3 solvents greater than the 166 United States Food and Drug Administration.
138 limits set forth in USP-NF chapter 467. 167 (6) REGISTRATION.—
139 (i) Is attractive to children. 168 (a) A processor shall certify by sworn statement that any
140 (j) Is in a container that: 169 finished kratom product it manufactures, delivers, offers for
141 1. Is not suitable to contain products for human 170 sale, distributes, or sells in this state is registered with the
142 consumption; or 171 department and does not contain dangerous or harmful substances,
143 2. Is not compliant with the United States Poison 172 including, but not limited to, red-OH, synthetic 7-OH, synthetic
144 Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq. 173 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl,
145 3. Does not contain a graduated measuring device, if 174 super alkaloid, or any other synthetically derived compounds,
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175 synthetic alkaloids, or controlled substances. Such registration 204 section; however, a separate registration under this subsection
176 must be renewed annually. 205 is not required when a kratom beverage is combined with another
177 (b) A processor shall assume all responsibility and 206 food or beverage by the kratom food service establishment for
178 liability for its kratom, kratom product, or finished kratom 207 consumption on premises. Serving kratom beverages combined with
179 product. 208 alcohol, drugs, or other kratom products is prohibited.
180 (c) For each batch of a registered finished kratom product, 209 (7) REPORTING AND TESTING.—
181 the processor shall submit a certificate of analysis to the 210 (a) If a processor or the department receives notice of any
182 department from an independent, third-party, accredited 211 adverse health event suspected to be related to the processor’s
183 laboratory. The laboratory must be accredited under the 212 kratom product, the processor or the department must submit an
184 International Organization for Standardization 213 adverse event report as set out in chapter IX of the Federal
185 (ISO)/International Electrotechnical Commission (IEC) 17025:2017 214 Food, Drug, and Cosmetic Act, 21 U.S.C. s. 379aa-1(b)(1) to the
186 General Requirements for Competence of Testing and Calibration 215 United States Food and Drug Administration.
187 Laboratories standard by an accreditation body that is a 216 (b) If probable cause exists that a kratom product may be
188 signatory to the International Laboratory Accreditation 217 adulterated, the department may require an independent third-
189 Cooperation Mutual Recognition Arrangement. The processor may 218 party test of the kratom product by a laboratory of the
190 not have any direct or indirect financial or economic interest 219 department’s choice, and the processor must pay the cost of the
191 in the laboratory or accrediting body. The processor shall 220 test. If the processor does not make such payment to the
192 maintain the certificates of analysis for a minimum of 1 year 221 department within 30 days after receiving the invoice for the
193 after the finished kratom product’s expiration date. The 222 testing fee, the department must revoke the registration for
194 certificate of analysis must demonstrate that the finished 223 that product.
195 kratom product is in compliance with the statutory and rule 224 (8)(4) VIOLATIONS.—
196 concentration limits for: 225 (a) A violation of subsection (4) (3) is a misdemeanor of
197 1. Alkaloid and alkaloid metabolites; 226 the second degree, punishable as provided in s. 775.082 or s.
198 2. Residual solvents; 227 775.083.
199 3. Heavy metals, including cadmium, arsenic, mercury, and 228 (b) A processor that manufactures, delivers, or offers for
200 lead; and 229 sale, distributes, or sells a finished kratom product that
201 4. Pesticides and any substance limited by department rule. 230 violates paragraph (3)(b) or paragraph (3)(c) commits a felony
202 (d) A finished kratom product served by a kratom food 231 of the third degree, punishable as provided in s. 775.082 or s.
203 service establishment must comply with the requirements of this 232 775.083.
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233 (c) Kratom products possessed, manufactured, delivered, 262 rule.
234 offered for sale, distributed, or sold in violation of this 263 (9)(5) RULES.—The department shall adopt rules to
235 section by an entity regulated under this chapter are subject to 264 administer this section.
236 s. 500.172 and an immediate stop-sale order, and the entity is 265 Section 2. For the 2025-2026 fiscal year, the sums of
237 subject to penalties as provided in s. 500.121. The department 266 $1,920,141.22 in recurring funds and $1,791,608 in nonrecurring
238 may not grant permission to remove or use, except for disposal, 267 funds from the General Inspection Trust Fund are appropriated to
239 finished kratom products subject to a stop-sale order which are 268 the Department of Agriculture and Consumer Services, and 24
240 attractive to children until the finished kratom products comply 269 full-time equivalent positions with associated salary rate of
241 with this section. 270 1,508,152.18 are authorized, for the purpose of implementing
242 (d) If a processor fails to provide the department with a 271 this act.
243 certificate of analysis within 2 days after receiving a request 272 Section 3. This act shall take effect July 1, 2025.
244 from the department or fails to immediately report an adverse
245 health event to the department as required by this section, the
246 department may revoke the processor’s finished kratom product
247 registration.
248 (e) A processor that manufactures, delivers, offers for
249 sale, distributes, or sells a kratom product that contains any
250 controlled substance listed in s. 893.03 or an alkaloid not
251 naturally present in kratom, contains a synthetic alkaloid or a
252 synthetic alkaloid metabolite, including, but not limited to,
253 red-OH, synthetic 7-OH, synthetic 7-hydroxymitragynine,
254 synthetic mitragynine, pseudoindoxyl, super alkaloid, or any
255 other synthetically derived compounds of the plant Mitragyna
256 speciosa, or contains a level of 7-hydroxymitragynine in the
257 alkaloid fraction which is greater than 2 percent, is in
258 violation of this section.
259 (f) A laboratory that fails to ensure the accuracy of its
260 certificates of analysis issued pursuant to this section is
261 subject to an administrative fine as provided by department
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The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 8, 2025
I respectfully request that Senate Bill # 1734, relating to Florida Kratom Consumer Protection
Act, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Jay Collins
Florida Senate, District 14
File signed original with committee office S-020 (03/2004)
The Florida Senate
V-)-s - APPEARANCE RECORD s9 I 7 3L{
Meeting Date Bill Number orTopic
Deliver both copies of this form to
( (.,^n;s^ Senate professional staff conducting the meeting
^^qrr * Committee Amendment Barcode (if applicable)
Name J. b , ill'(etui"k Phone
Address vflb i r*Peuox 5+ S-tE. L
Street
Email {
OI
City State Zip
Speaking: ! ror Against I lnformation OR Waive Speaking: ! In Support ! Against
PLEASE CHECK ONE OF THE FOLLOWING:
gI I am appearing without
compensation or sponsorship.
I am a registered
representing:
lobbyist, I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. s-001 (08/10/2021)
4oo,r Zt, 25 L5 APPEARANCE RECORD t3' /73/
The Florida Senate
Meeting Date Bill Number orTopic
4' ,'r&As {t'' ' '.
Deliver both copies of this form to
Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
NameC lnc c Y d Phone
6zta Nv,l Bt<T B utD
Address 1-YnrcullAY Q DFt. trDd Emair
Street
us State Zip
City
Speaking: I For ! Against ,nrol.rnu,,on OR waive speaking: ! tn Support I Against
,X
PLEASE CHECK ONE OFTHE FOLLOWING:
u I am appearing without
compensation or sponsorship.
lam a registered lobbyist,
representing:
I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
March 25,2025 APPEARANCE RECORD 1734
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Commerce & Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name
Barney Bishop lll Phone
850-51 0-9922
Address 1454 Vieux Carre Drive Emair Barney@BarneyBishop.com
Strcet
Tallahassee FL 32308
City State Zip
Speaking m For ffi ngainst IEi lnformation OR Waive Speakins m ln Support ll Asainst
=li
PLEASE CHECK ONE OFTHE FOLLOWING:
F: compensation
lam without
appearing
or sponsorship. ffi I am a registered lobbyist.
representing:
m I am not a lobbyist, but received
something of value for my appearance
(travel, meals, lodging, etc.),
Fla. Smart Justice Alliance sponsored by:
This form is part of the public record for this meeting. s-oo1 (08/1012021)
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 1438
INTRODUCER: Senator Grall
SUBJECT: Online Access to Materials Harmful to Minors
DATE: March 24, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Pre-meeting
2. JU
3. RC
I. Summary:
SB 1438 creates ss. 282.803 and 501.1741, F.S., to enhance online protections for minors, and
establishes requirements for developers and manufacturers of applications and devices.
Developers are required to assess whether their applications are likely to be accessed by minors,
and manufacturers must implement age verification measures upon the activation of devices. The
bill also requires developers to provide features for parental management of a minor’s usage of
applications and devices.
The bill amends s. 501.1737, F.S., to require commercial entities to use digital age verification
methods to verify that a user accessing harmful materials is 18 years or older. “Digital age
verification” means either anonymous age verification, standard age verification, or device-based
age verification.
The bill creates a framework for device-based age verification, which requires that covered
manufacturers take reasonable steps to determine user age and obtain parental consent for users
under 16, and requires a website, application, or online service to block access for minors under
18 years of age. Additionally, the bill requires a website, application, or online service to provide
disclaimers before displaying known material harmful to minors.
The Department of Legal Affairs is authorized to adopt rules to enforce the provisions of the bill.
The bill takes effect July 1, 2025.
BILL: SB 1438 Page 2
II. Present Situation:
Addictive Designs and Deceptive Patterns
In general, “addictive designs” or “deceptive patterns,” also called “dark patterns,” are deceptive
user experiences that take advantage of how people habitually use websites, to get them to do
things that they may not normally do, such as impulse purchasing, giving away personal
information, or spending excessive time on websites.1
In 2022, the Federal Trade Commission (FTC) issued a report outlining the ways that companies
are increasingly using dark patterns to manipulate consumers into buying products or forfeiting
their privacy.2 Common dark pattern tactics include:
• Disguising ads by designing advertisements to look like independent editorial content.
• Claiming to be neutral, but actually ranking companies in exchange for compensation.
• Using countdown timers designed to make consumers believe they only have a limited time
to purchase a product or service, even though the offer is not actually time-limited.
• Making it difficult to cancel subscriptions or charges, which involves tricking someone into
paying for goods or services without consent.
• Burying key terms and junk fees, which involves hiding or obscuring material information
from consumers that they do not see before making a purchase.
• Tricking consumers into sharing data, which involves falsely giving consumers choices about
privacy settings or sharing data, but instead steering them toward the option that gives away
the most personal information.3
Effects on Children
Social media has become an important aspect of the digital interactions of minors who use social
media for entertainment and communication purposes.4 Adolescents are constantly in touch with
their peers via social media accounts. However, social media has the potential to have both
positive and negative effects on their health.5 Some 80 percent of teenagers say social media
allows them to feel more connected to their peers, according to a 2022 Pew Research Center
survey of U.S. teens ages 13 to 17. Overall, one in three said that social media has had a mostly
positive effect on them, while 59 percent said that it had neither a positive nor a negative effect.6
On the other hand, many teens’ use, and overuse, of social media has raised questions about its
1
Brad Bartlett, Dark Design Patterns: Teach Kids to Recognise Them, Kidslox, Feb. 7, 2023, available at
https://kidslox.com/guide-to/dark-design-patterns/ (last visited Mar. 24, 2025).
2
Federal Trade Commission (FTC), FTC Report Shows Rise in Sophisticated Dark Patterns Designed to Trick and Trap
Consumers, Sep. 15, 2022, available at https://www.ftc.gov/news-events/news/press-releases/2022/09/ftc-report-shows-rise-
sophisticated-dark-patterns-designed-trick-trap-consumers (last visited Mar. 24, 2025).
3
Id.
4
Andrea Irmer & Florian Schmiedek, Associations between youth’s daily social media use and well-being are mediated by
upward comparisons, 1 COMMUN. PSYCHOL. 12 (Aug. 22, 2023), available at https://doi.org/10.1038/s44271-023-00013-0
(last visited Mar. 24, 2025).
5
Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com, Feb. 19, 2025, available at
https://www.investopedia.com/terms/s/social-media.asp (last visited Mar. 24, 2025).
6
Monica Anderson et al., Connection, Creativity, and Drama: Teen Life on Social Media in 2022, Pew Research Center,
Nov. 16, 2022, available at https://www.pewresearch.org/internet/2022/11/16/connection-creativity-and-drama-teen-life-on-
social-media-in-2022/ (last visited Mar. 24, 2025).
BILL: SB 1438 Page 3
effect on their physical and mental health by distracting them, disrupting their sleep, and
exposing them to bullying, rumor spreading, unrealistic views of other people’s lives, and peer
pressure.7
In May 2023, U.S. Surgeon General Dr. Vivek Murthy released an advisory to call attention to
the effects of social media on youth mental health. The advisory noted that at crucial periods of
adolescent brain development, social media use is predictive of decreases in life satisfaction, as
well as additional concerns around body image, sleep issues, and much more.8 He also concluded
that 13 years old is “too early” for children to use social media, despite most social media
companies allowing 13-year-olds to use their platforms, because in early adolescence, kids are
still “developing their identity, their sense of self.”9
Other experts, such as David Greenfield, a psychologist, agree and assert the platforms lure users
with powerful tactics. One such tactic is “intermittent reinforcement,” which refers to a reward
scheme in which the user receives rewards inconsistently and unpredictably. While adults are
susceptible, young people are particularly at risk because the brain regions that are involved in
resisting temptation and reward are not nearly as developed in children and teenagers as in
adults.10
Based on their preparation and review of studies and other scientific research, many experts have
called for the regulation of social media, and specifically, regulation of the use of social media
by children. Dr. Mary Alvord, a member of the American Psychological Association social
media advisory panel, has stated that just because social media is here to stay, it does not mean
the dangers have to be accepted. “Just as we decide when kids are old enough to drive, and we
teach them to be good drivers, we can establish guidelines and teach children to use social media
safely.” 11
Safety Measures and Parental Controls
Providing children with information regarding how to more safely use social media could reduce
or eliminate harms. Having conversations with them about social media, its benefits, and its
risks, could promote positive social media usage.12 Parental controls can also protect children
7
Mayo Clinic, Tween and teen health, available at https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-
depth/teens-and-social-media-use/art-20474437 (last visited Mar. 24, 2025).
8
U.S. Department of Health and Human Services, Office of the Surgeon General, Social Media and Youth Mental Health:
The U.S. Surgeon General’s Advisory (2023), available at https://www.ncbi.nlm.nih.gov/books/NBK594761/ (last visited
Mar. 24, 2025).
9
Lauraine Langreo, Surgeon General: Kids Under 14 Should Not Use Social Media, EducationWeek, Feb. 2, 2023, available
at https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02 (last visited Mar.
24, 2025).
10
Matt Richtel, Is Social Media Addictive? Here’s What the Science Says., The New York Times, Oct. 25, 2023,
available at https://www.nytimes.com/2023/10/25/health/social-media-addiction.html (last visited Mar. 24, 2025).
11
Kirsten Weir, Social media brings benefits and risks to teens. Here’s how psychology can help identify a path forward,
American Psychological Association, Sept. 1, 2023, available at https://www.apa.org/monitor/2023/09/protecting-teens-on-
social-media (last visited Mar. 24, 2025).
12
WebMD Editorial Contributors, How to Talk to Your Kids About Social Media, WebMD.com, available at
https://www.webmd.com/parenting/how-to-talk-to-kids-about-social-media (last visited Mar. 24, 2025).
BILL: SB 1438 Page 4
from inappropriate content, cyberbullying, and other online safety issues.13 Examples of parental
controls include blocking websites, filtering content, imposing limits on screen time, allowing
parents to monitor online activity, using location tracking, and disabling Wi-Fi.14
However, two 2018 studies found that parental control apps may actually be counterproductive
because they harm the trust between a parent and child and reduce the child’s ability to respond
to online threats. In one of the studies, children believed that the apps were overly restrictive and
prevented them from doing everyday tasks, such as homework assignments. Additionally, a
researcher stated that “parental involvement and direct supervision were both associated with
fewer peer problems and less online victimization for teens, but neither of these factors
correlated with the use of parental control apps.”15
Child-Focused Online Privacy Laws
Federal Children’s Online Privacy Protection Act (COPPA)
COPPA,16 and its related rules,17 regulate websites’ collection and use of children’s information.
The operator of a website or online service that is directed to children, or that has actual
knowledge that it collects children’s personal information (covered entities), must comply with
requirements regarding data collection and use, privacy policy notifications, and data security.18
For purposes of COPPA, children are individuals under the age of 13.19 A covered entity may not
collect personal information from a child under the age of 13 without the prior, verifiable consent
of his or her parent.20
COPPA defines personal information as individually identifiable information about an individual
that is collected online, including:21
• First and last name.
• A home or other physical address including street name and name of a city or town.
• An email address.
• A telephone number.
• A social security number.
• Any other identifier that the FTC determines permits the physical or online contacting of a
specific individual; or
13
Internetmatters.org, Parental Controls, available at https://www.internetmatters.org/parental-controls/ (last visited Mar. 24,
2025).
14
Caroline Knorr, Parents’ Ultimate Guide to Parental Controls, Commonsensemedia.org, Mar. 9, 2021, available at
https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls (last visited Mar. 24, 2025).
15
Barbara Abney & Zenaida Kotala, Apps to Keep Children Safe Online May be Counterproductive, UCF Today, Apr. 2,
2018, available at https://www.ucf.edu/news/apps-keep-children-safe-online-may-counterproductive/ (last visited Mar. 24,
2025).
16
15 U.S.C. ss. 6501-6505.
17
16 C.F.R. pt. 312.
18
Federal Trade Commission, Complying with COPPA: Frequently Asked Questions, available at
https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions (last visited Mar. 24, 2025).
19
Id.
20
15 U.S.C. §§ 6502(a)-(b).
21
Id.
BILL: SB 1438 Page 5
• Information concerning the child or the parents of that child that the website collects online
from the child and combines with an identifier.22
Operators covered by the rule must:23
• Provide notice of what information is collected from children by the operator, how the
operator uses such information, and the operator's disclosure practices for such information.
• Obtain verifiable parental consent for the collection, use, or disclosure of personal
information from children.24
• Upon request of a parent whose child has provided personal information to a website or
online service, upon proper identification of that parent, to such parent, a description of the
specific types of personal information collected from the child by that operator.
• Upon request of a parent whose child has provided personal information to a website or
online service, upon proper identification of that parent, to such parent, the opportunity at
any time to refuse to permit the operator's further use or maintenance in retrievable form, or
future online collection, of personal information from that child.
• Upon request of a parent whose child has provided personal information to a website or
online service, upon proper identification of that parent, a means that is reasonable under the
circumstances for the parent to obtain any personal information collected from that child.
• Prohibit conditioning a child's participation in a game, the offering of a prize, or another
activity on the child disclosing more personal information than is reasonably necessary to
participate in such activity.
• Require the operator of a website or online service to establish and maintain reasonable
procedures to protect the confidentiality, security, and integrity of personal information
collected from children.25
Violations of COPPA are deemed an unfair or deceptive act or practice and are therefore
prosecuted by the Federal Trade Commission.26 While there is no criminal prosecution or private
right of action under COPPA, the act authorizes state attorneys general to enforce violations that
affect residents of their states.27
In 2019, Google and its subsidiary YouTube agreed to pay a $170 million settlement for lawsuits
brought by the commission and the state of New York for violations of COPPA for collecting
personal information from children without consent. Specifically, it was alleged that YouTube
tracked cookies28 from viewers of child-directed channels, without first notifying parents and
22
Id.
23
Id.
24
The FTC’s finalized updates to the COPPA include the requirements that operators obtain separate verifiable parental
consent for disclosures to third parties, parents will have to provide consent for disclosures to third parties such as ad
networks. See Federal Trade Commission, Children’s Online Privacy Protection Rule, available at
https://www.ftc.gov/system/files/ftc_gov/pdf/coppa_sbp_1.16_0.pdf (last visited Mar. 24, 2025).
25
Id.
26
See id.; see also 15 U.S.C. s. 6502(c); 16 C.F.R. s. 312.9.
27
See Federal Trade Commission, Complying with COPPA: Frequently Asked Questions, available at
https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions (last visited Mar. 24, 2025).
28
Cookies are bits of data that are sent to and from a user’s browser to identify the user. When the user opens a website, the
user’s browser sends a piece of data to the web server hosting that website. This data usually appears as strings of numbers
and letters in a text file. Every time the user accesses a website, a cookie is created and placed in a temporary folder on the
user’s device. From here, cookies try to match the user’s preferences for what the user wants to read, see, or purchase.
BILL: SB 1438 Page 6
obtaining their consent. YouTube earned millions of dollars by using the identifiers to deliver
targeted ads to viewers of these channels.29
On January 16, 2025, the FTC finalized updates to the COPPA to set new requirements around
the collection, use, and disclosure of children’s personal information and give parents new tools
and protections to help them control what data is provided to third parties about their children.30
Age Verification Mechanisms
Many industries are currently required to use online age verification methods, including:
• Alcohol and tobacco.31
• Gambling.
• Adult websites.
• Firearms.32
Adult websites in the U.S. generally use checkboxes for users to confirm that they are at least 18
years of age. Recently, however, numerous states and the United Kingdom have enacted laws
requiring adult websites to use age verification measures to block adult content from being
accessed by minors.33
Additionally, some social media platforms ask for age-identifying information to create new
accounts, but such information is not always verified. For example, Facebook requires new users
to self-report a birthdate to confirm that they are at least 13 years old. Meta is currently testing
new ways to verify age, including through the use of biometrics and online interviews.34
Microsoft, Everything you need to know about Internet cookies, Apr. 25, 2023, available at https://www.microsoft.com/en-
us/edge/learning-center/what-are-cookies?form=MA13I2 (last visited Mar. 24, 2025).
29
Federal Trade Commission, Google and YouTube Will Pay Record $170 Million for Alleged Violations of Children’s
Privacy Law, Sep. 4, 2019, available at https://www.ftc.gov/news-events/news/press-releases/2019/09/google-youtube-will-
pay-record-170-million-alleged-violations-childrens-privacy-law (last visited Mar. 24, 2025).
30
Federal Trade Commission, FTC Finalizes Changes to Children’s Privacy Rule Limiting Companies’ Ability to Monetize
Kids’ Data, available at https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-finalizes-changes-childrens-
privacy-rule-limiting-companies-ability-monetize-kids-
data#:~:text=The%20Federal%20Trade%20Commission%20finalized,was%20last%20updated%20in%202013 (last visited
Mar. 24, 2025).
31
The U.S. Food and Drug Administration (FDA) recommends using independent, third -party age- and identity-verification
services that compare customer information against third-party data sources for online sellers of tobacco. FDA, Enforcement
Priorities for Electronic Nicotine Delivery Systems (ENDS) and Other Deemed Products on the Market Without Premarket
Authorization (Revised) (April 2020), at 7, available at https://www.fda.gov/media/133880/download (last visited Mar. 24,
2025).
32
Jan Stepnov, What Is an Age Verification System and Why Incorporate It Into Your Business, Regula, Apr. 21, 2023,
available at https://regulaforensics.com/blog/age-verification-system/ (last visited Mar. 24, 2025).
33
Masha Borak, UK introduces Online Safety Bill mandating age verification, Oct. 27, 2023, available at
https://www.biometricupdate.com/202310/uk-introduces-online-safety-bill-mandating-age-verification (last visited Mar. 24,
2025); Dmytro Sashchuk, Age verification regulations in the United States of America, Veriff, Oct. 30, 2024, available at
https://www.veriff.com/fraud/learn/age-verification-legalization-in-the-united-states-of-america (last visited Mar. 24, 2025).
34
Meta, Introducing New Ways to Verify Age on Instagram, Jun. 23, 2022, available at
https://about.fb.com/news/2022/06/new-ways-to-verify-age-on-instagram/ (last visited Mar. 24, 2025).
BILL: SB 1438 Page 7
There are several ways that Internet companies can verify, or attempt to verify, age. Options
include using:35
• Government identity documents, which generally require users to submit government
documents to a third-party company for review.
• Phone records, which generally check users’ phones for parental controls.
• Credit score databases, which generally require the user to enter identifying information that
is subsequently confirmed through a credit check agency.
• Biometric age estimation, which generally requires a facial analysis to estimate age.
• Credit cards, which generally requires users to supply credit card information for validation.
• Open banking, which generally requires users to log into their own online banking system
and give approval for date of birth information to be supplied to a bank-approved, third-party
age verification provider.
• Algorithmic profiling, which generally assesses the likely ages of users based on their online
behavior.
• Self-declaration, which generally requires users to check a box or enter a birthdate.
• Zero knowledge proofs, which generally enables users to upload identity documents to
privacy servers and securely share encrypted, anonymous “proofs” of age to a company,
through a process called “hashing,” without actually transmitting the identity documents to
the company.
When verifying age online, people usually share personal information, including:
• Full name and location.
• Email or phone number (when using two-factor authorization).
• Home address.
Identity theft is a potential risk when users reveal this information, and websites can collect
information revealed through age verification processes, and combine it with other data for
targeted advertisements or data-sharing with third parties.36
Florida’s Laws
In 2024, the Legislature enacted laws to require age verification for online access to materials
that are harmful to minors.37
Florida law requires a commercial entity that knowingly and intentionally publishes or
distributes material harmful to minors on a website or application, if the website or application
contains a substantial portion of material harmful to minors to use either anonymous age
verification or standard age verification to verify that the age of a person attempting to access the
material is 18 years of age or older and prevent access to the material by a person younger than
18 years of age.38
35
The Age Verification Providers Association, How do you check age online?, available at
https://avpassociation.com/avmethods/ (last visited Mar. 24, 2025).
36
John Reynolds, Don’t risk identity fraud just to play that video game – do this instead, Aleo, Dec. 28, 2023, available at
https://aleo.org/post/dont-risk-identity-fraud-to-play-that-video-game/ (last visited Mar. 24, 2025).
37
Ch. 2024-42, Laws of Fla.
38
Section 501.1737, F.S.
BILL: SB 1438 Page 8
“Standard age verification” means any commercially reasonable method of age verification
approved by the commercial entity.39
Any violation of the age verification law is deemed an unfair and deceptive trade practice, and
the Department of Legal Affairs (department) has enforcement authority. In addition to the
remedies under the Florida Deceptive and Unfair Trade Practices Act, the department may
collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs
for a violation by a third party.40 A commercial entity that violates the age verification
requirement is liable to the minor for such access, including court costs and reasonable attorney
fees as ordered by the court. Claimants may be awarded up to $10,000 in damages. A civil action
for a claim under this paragraph must be brought within 1 year from the date the complainant
knew, or reasonably should have known, of the alleged violation.41
Florida law defines the term “anonymous age verification” as a commercially reasonable method
used by a government agency or a business for the purpose of age verification which is
conducted by a nongovernmental, independent third party organized under the laws of a state of
the United States which:
• Has its principal place of business in a state of the United States; and
• Is not owned or controlled by a company formed in a foreign country, a government of a
foreign country, or any other entity formed in a foreign country.42
A third party conducting anonymous age verification:
• May not retain personal identifying information used to verify age once the age of an account
holder or a person seeking an account has been verified;
• May not use personal identifying information used to verify age for any other purpose;
• Must keep anonymous any personal identifying information used to verify age; and
• Must protect personal identifying information used to verify age from unauthorized or illegal
access, destruction, use, modification, or disclosure through reasonable security procedures
and practices appropriate to the nature of the personal information.43
Other States
At least 17 states require websites with adult content to verify the age of users.44 Many of these
laws are facing challenges on free speech grounds, and the Supreme Court is considering a case
from the United States Court of Appeals for the Fifth Circuit, Free Speech Coalition, Inc. v.
Paxton, which challenges a Texas law that requires websites with adult content to implement age
verification mechanisms.45 The court applied rational basis review and held that the age-
39
Section 501.1737, F.S., defines “commercial entity” as a corporation, a limited liability company, a partnership, a limited
partnership, a sole proprietorship, and any other legally recognized entity.
40
Id.
41
Id.
42
Section 501.1738, F.S.
43
Id.
44
Technology and Privacy, States with Age Verification Laws available at
https://www.multistate.us/insider/2025/2/5/supreme-court-ruling-could-impact-state-age-verification-laws (last visited Mar.
24, 2025).
45
Free Speech Coalition, Inc. v. Paxton 95 F.4th 263 (5th Cir. 2024). See also “Constitutional Issues” of this bill analysis.
BILL: SB 1438 Page 9
verification requirement did not violate the First Amendment because the state has an interest in
protecting the welfare of children and to see that they are safeguarded from abuses.46
Social Media Laws for Children
State Requirements for Social Media and Phones in Schools
Florida law requires students in grades 6 through 12 to receive instruction on the social,
emotional, and physical effects of social media. The instructional materials must be available
online, and district school boards must notify parents of the material’s availability.47
Florida law also prohibits students from using wireless communication devices at school during
instructional time, except when expressly directed by a teacher solely for educational purposes,
and requires a teacher to designate an area for wireless communications devices during
instructional time.48
State Protection of Children in Online Spaces
Florida law provides that any online service, product, game, or feature likely to be predominantly
accessed by children under 18 years of age may not, except under certain situations:
• Process the personal information of any child if the platform has actual knowledge or
willfully disregards that the processing may result in substantial harm or privacy risk to
children.
• Profile a child.
• Collect, sell, share, or retain any personal information that is not necessary to provide an
online service, product, or feature with which a child is actively and knowingly engaged.
• Use a child’s personal information for any unstated reason.
• Collect, sell, or share any precise geolocation of data of children.
• Use dark patterns to:
o Lead or encourage children to provide personal information beyond what personal
information would otherwise be reasonably expected to be provided for that online
service, product, game or feature.
o Forego privacy protections.
o Take any action that the online platform has actual knowledge of or willfully disregards
that may result in substantial harm or privacy risk to children.
• Use collected information to estimate age or age range for any other purpose or retain that
personal information longer than necessary to estimate age.49
In 2024, the Legislature enacted a law to prohibit children under the age of 14 from creating a
social media account.50 A social media platform must do the following:
• Terminate any account held by an account holder younger than 14 years of age, including
accounts that the social media platform treats or categorizes as belonging to an account
46
Id.
47
Section 1003.42(2)(o)5., F.S.
48
Sections 1006.07(2)(f) and 1003.32(1)(a), F.S.
49
Section 501.1735, F.S.
50
Ch. 2024-42, Laws of Fla.
BILL: SB 1438 Page 10
holder who is likely younger than 14 years of age for purposes of targeting content or
advertising, and provide 90 days for an account holder to dispute such termination.
• Allow an account holder younger than 14 years of age to request to terminate the account.
• Allow the confirmed parent or guardian of an account holder younger than 14 years of age to
request that the minor’s account be terminated. Termination must be effective within 10
business days after such request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.51
A social media platform must prohibit a minor who is 14 or 15 years of age from entering into a
contract with a social media platform to become an account holder, unless the minor’s parent or
guardian provides consent for the minor to become an account holder.52
A social media platform must do the following:
• Terminate any account held by an account holder who is 14 or 15 years of age, including
accounts that the social media platform treats or categorizes as belonging to an account
holder who is likely 14 or 15 years of age for purposes of targeting content or advertising, if
the account holder’s parent or guardian has not provided consent for the minor to create or
maintain the account. The social media platform must provide 90 days for an account holder
to dispute such termination. Termination must be effective upon the expiration of the 90 days
if the account holder fails to effectively dispute the termination.
• Allow an account holder who is 14 or 15 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.
• Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to
request that the minor’s account be terminated. Termination must be effective within 10
business days after such request.
• Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.53
Any knowing or reckless violation of s. 501.1736(2) or (3), F.S., is deemed an unfair and
deceptive trade practice, and the department has enforcement authority.54 In addition to the
remedies under the Florida Deceptive and Unfair Trade Practices Act, the department may
collect a civil penalty of up to $50,000 per violation and reasonable attorney fees and court costs
for a violation by a third party.55 When the social media platform’s failure to comply with the
requirements is a consistent pattern of knowing or reckless conduct, punitive damages may be
assessed against the social media platform.56
A social media platform that knowingly or recklessly violates s. 501.1736(2) or (3), F.S., is liable
to the minor account holder, including court costs and reasonable attorney fees as ordered by the
51
Section 501.1736, F.S.
52
Id.
53
Section 501.1736(4), F.S., provides that if a court enjoins the enforcement of this section, then this section should be
severed and s. 501.1736(4), F.S., will take effect, which prohibits a minor who is 14 or 15 years of age from entering into a
contract with a social media platform to become an account holder.
54
Section 501.1736, F.S.
55
Id.
56
Id.
BILL: SB 1438 Page 11
court. Claimants may be awarded up to $10,000 in damages. A civil action for a claim must be
brought within 1 year from the date the complainant knew, or reasonably should have known, of
the alleged violation.57
In October 2024, two internet-industry groups filed a federal lawsuit challenging the
constitutionality of Florida’s law limiting minors’ access to social media platforms. The
Computer & Communications Industry Association and NetChoice, whose members include tech
giants such as Google and Meta Platforms, alleged that the law violated their First Amendment
rights and that parents have control of their children's social-media use.58
In March 2025, the motion for preliminary injunction was denied. The order did not include a
ruling on the First Amendment issue. The order was instead based on the decision that the
plaintiffs did not “show a substantial likelihood demonstrating standing” that at least one of the
group members “will suffer irreparable injury” without an injunction. The effective date of the
law was supposed to be January 1, 2025; however, in November the State agreed not to enforce
it until the ruling occurred.59
Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
The FDUTPA is a consumer and business protection measure that prohibits unfair methods of
competition, and unconscionable, deceptive, or unfair acts or practices in the conduct of trade or
commerce.60 The FDUTPA was modeled after the Federal Trade Commission Act.61
The Department of Legal Affairs or the state attorney’s office in the judicial circuit affected or
where the violation occurs may bring actions on behalf of consumers or governmental entities
when it serves the public interest.62 The state attorney’s office may enforce violations of the
FDUTPA if the violations take place within its jurisdiction. The department has enforcement
authority when: the violation is multi-jurisdictional; the state attorney defers to the department in
writing; or the state attorney fails to act within 90 days after a written complaint is filed.63 In
certain circumstances, consumers may also file suit through private actions.64
The department and the state attorney’s office have powers to investigate the FDUTPA claims,
which include:65
57
Id.
58
Computer & Communications Industry Association and NetChoice v. Uthmeier, Case No.: 4:24-cv-00438-MW-MAF. The
case is in the US District Court, Northern District of Florida.
59
Id.
60
Section 501.202, F.S.
61
See 15 U.S.C. s. 45; see also D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade
Practices Act, 65 U. MIAMI L. REV. 1083 (Summer 2011).
62
Sections 501.203(2) and 501.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust Additional
Conduct, Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLA. BAR J. 52 (Dec. 2002), available
at https://www.floridabar.org/the-florida-bar-journal/fdutpa-for-civil-antitrust-additional-conduct-party-and-geographic-
coverage-state-actions-for-consumer-restitution/ (analyzing the merits of FDUPTA and the potential for deterrence of
anticompetitive conduct in Florida) (last visited Mar. 24, 2025).
63
Section 501.203(2), F.S.
64
Section 501.211, F.S.
65
Section 501.206(1), F.S.
BILL: SB 1438 Page 12
• Administering oaths and affirmations.
• Subpoenaing witnesses or matter.
• Collecting evidence.
The department and the state attorney’s office may seek the following remedies:66
• Declaratory judgments.
• Injunctive relief.
• Actual damages on behalf of consumers and businesses.
• Cease and desist orders.
• Civil penalties of up to $10,000 per willful violation.
The FDUTPA may not be applied to certain entities in certain circumstances, including:67
• Any person or activity regulated under laws administered by the Office of Insurance
Regulation or the Department of Financial Services.
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial
Regulation or federal agencies.
III. Effect of Proposed Changes:
Online Application Stores
Definitions
Section 1 of the bill creates s. 282.803, F.S., which provides the following definitions:
• “Application store” means a publicly available website, software application, or online
service that distributes third party platform software applications to a computer, a mobile
device, or any other general purpose computing device.
• “Child” means an individual consumer under 18 years of age.
• “Covered application” means a software application, website, or other online service that is
likely to be accessed by children and that is intended to be run or directed by a user on a
computer, mobile device, or any other general purpose computing device. The term does not
include a broadband Internet access service as defined in 47 C.F.R. s. 8.1(b); a
telecommunications service as defined in 47 U.S.C. s. 153; or the delivery or use of a
physical product unconnected to the Internet.
• “Covered entity” means a covered manufacturer or developer of a covered application.
• “Covered manufacturer” means a manufacturer of a device, an operating system for a device,
or an application store.
• “Developer” means any person, entity, or organization that creates, owns, or controls an
application and is responsible for the design, development, maintenance, and distribution of
the application to users through an application store.
• “Device” means a device or a portion of a device that is designed for and capable of
communicating across a computer network with other computers or devices for the purpose
of transmitting, receiving, or storing data, including, but not limited to, a desktop, a laptop, a
66
Sections 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities
may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
67
Section 501.212(4), F.S.
BILL: SB 1438 Page 13
cellular telephone, a tablet, or any other device designed for and capable of communicating
with or across a computer network and that is used for such purpose. The term does not
include cable, fiber, or wireless modems, and home routers whether standalone or combined
with the aforementioned modems; managed set-top boxes; and any physical object that only
supports communications within a closed user group or private network available to a limited
set of users.
• “Likely to be accessed by children” means it is reasonable to expect that an application
would be accessed by children, based on satisfying any of the following criteria:
o The application is determined, based on competent and reliable evidence regarding
audience composition, to be routinely accessed by children; or
o Internal research findings determine that the application is routinely accessed by children.
• “Parent” means a biological, foster, or adoptive parent; a stepparent; or a legal guardian.
• “User” means an individual consumer of covered applications.
Developers of Covered Applications
Beginning January 1, 2026, the bill requires a developer of a covered application to:
• Determine whether an application the developer provides is likely to be accessed by children
and, if the application is provided for distribution via an application store, provide notice to
such application store that the application is likely to be accessed by children.
• To the extent applicable and technically feasible, provide readily available features for
parents to protect a user that is a child as appropriate to the risks that arise from the child’s
use of the developer’s covered application. This includes providing features to help manage
which accounts are affirmatively linked to the user under the age of 18, to help manage the
delivery of age appropriate content, and to limit the amount of time that the user under the
age of 18 spends daily on the developer’s covered application.
The bill authorizes developers of covered applications to rely on age signals and parental consent
for purposes of complying with the aforementioned requirements.
Covered Manufacturers
The bill requires a covered manufacturer to take commercially reasonable and technically
feasible steps to:
• Upon initial activation of a device, determine or estimate the age of the device’s primary
user.
• If the covered manufacturer is an application store:
o Provide a mechanism for a developer to provide notice that an application is likely to be
accessed by children;
o Obtain parental consent before permitting a known child under 16 years of age to
download a covered application from the application store;
o Provide developers of covered applications in the application store a signal regarding
whether a parent has provided consent; and
o Provide the parent with the option to connect the developer of such a covered application
with the approving parent for the purpose of facilitating parental supervision tools.
• Provide developers of covered applications with a digital signal via a real time application
programming interface regarding whether a user is:
o Under 13 years of age;
BILL: SB 1438 Page 14
o At least 13 years of age and under 16 years of age;
o At least 16 years of age and under 18 years of age; or
o At least 18 years of age.68
Exceptions
Except when a covered manufacturer is an application store, section 1 of the bill does not:
• Require a covered entity to access, collect, retain, reidentify, or link information, that in the
ordinary course of business, would not otherwise be accessed, collected, retained,
reidentified, or linked;
• Require a covered entity to implement new account controls or safety settings if it is not
necessary to comply with this bill; and
• Modify, impair, or supersede the operation of any antitrust law.
Applications Stores
The bill requires an application store to comply with the requirements in section 1 of the bill in a
nondiscriminatory manner, including:
• Imposing at least the same restrictions and obligations on its own applications and
application distribution as it does on those from third-party applications or application
distributors.
• Not using data collected from third parties, or consent mechanisms deployed for third parties,
in the course of compliance, for any of the following:
o To compete against those third parties;
o To give the application store’s services preference relative to those of third parties; and
o To otherwise use the data or consent mechanism in an anticompetitive manner.
Enforcement
The bill requires the Attorney General to provide the covered entity with at least 45 days written
notice before the date on which the Attorney General initiates an enforcement action against a
covered entity. The notice must identify each alleged violation and an explanation of the basis
for each allegation.
The Attorney General may not initiate an action if the covered entity cures the violation or
violations described in the notice within 45 days after the notice is sent and provides the
Attorney General with a written statement indicating that the violation is cured and that no
further violations will occur. If the violation is not cured, the Attorney General may bring a civil
action and seek damages for up to $2,500 per violation not to exceed $50,000. The bill does not
provide a private right of action; the Attorney General has exclusive authority to enforce these
provisions.
The bill provides an affirmative defense if the developer acted in reasonable reliance on the
application store’s determination or estimate that the user is not a child. Additionally, a covered
manufacturer is not subject to liability for failure to comply with section 1 of the bill if that
68
For devices sold before January 1, 2026, the bill requires covered manufacturers to ensure that the requirements are
included in its operating system and app store versions and updates by default after January 1, 2027.
BILL: SB 1438 Page 15
covered manufacturer has taken commercially reasonable and technically feasible steps to
determine or estimate the age of the user of the relevant device.
Age Verification for Online Access to Materials Harmful to Minors
Definitions
Section 2 of the bill amends s. 501.1737, F.S., and provides the following definitions as used in
ss. 501.1737 and 501.1741, F.S.:
• “Application store” means a publicly available website, software application, or online
service that distributes third party platforms’ software applications to a computer, a mobile
device, or any other general-purpose computing device.
• “Covered manufacturer” means a manufacturer of a device, an operating system for a device,
or an application store.
• “Device” means equipment or a portion of equipment that is designed for and capable of
communicating across a computer network with other computers or devices for the purpose
of transmitting, receiving, or storing data, including, but not limited to, a desktop, a laptop, a
cellular telephone, a tablet, or any other device designed for and capable of communicating
with or across a computer network and that is used for such purpose.
• “Digital age verification” means anonymous age verification, standard age verification, or
device-based age verification.
• “Operating system provider” means an entity that develops, distributes, or maintains the
operating system of, and provides common services for, a device. The term includes the
design, programming, and supply of operating systems for various devices such as
smartphones, tablets, and other digital equipment.
Guidelines
The bill provides that a commercial entity that knowingly and intentionally publishes or
distributes material harmful to minors on a website or application, if the website or application
contains a substantial portion of material harmful to minors, must use digital age verification.69
The bill requires a commercial entity to ensure that the requirements of s. 501.1738, F.S., which
provides the framework for “anonymous age verification,” are met unless the commercial entity
is relying on device-based age verification.70
Penalties
The bill provides that a “covered manufacturer” must follow the requirements provided in
section 3 of the bill, which establishes the framework for “device-based age verification.” If a
covered manufacturer violates any of those requirements, it is deemed an unfair and deceptive
trade practice under s. 501.1737(5)(a), F.S.
69
The bill defines “digital age verification” as either anonymous age verification, standard age verification, or device-based
age verification. The bill requires a commercial entity to offer anonymous age verification and standard age verification, and
a person attempting to access the material may select which method will be used to verify his or her age unless the
commercial entity is relying on device-based age verification.
70
The bill creates the framework for “device-based age verification” in s. 501.1741, F.S.
BILL: SB 1438 Page 16
The bill removes the provision in s. 501.1737, F.S., that provides a private cause of action to a
minor.
The bill removes the provision in s. 501.1737, F.S., that requires all information held by the
Department of Legal Affairs pursuant to a notification of a violation or an investigation of a
violation to be confidential and exempt from s. 119.07(1), F.S., and s. 24(a), Art. I of the State
Constitution.71
Device-based Age Verification
Section 3 of the bill creates s. 501.1741, F.S., which establishes the framework for device-based
age verification.
Upon activation of a device, a covered manufacturer must take commercially reasonable and
technically feasible steps to do the following:
• Determine or estimate the age of the user of the device.
• Provide websites, applications, application stores, and online services with a digital signal
and a real-time application programming interface to verify that a person is:
o Younger than 13 years of age;
o At least 13 years of age but younger than 16 years of age;
o At least 16 years of age but younger than 18 years of age; and
o Eighteen years of age or older.
• If the covered manufacturer is an application store, obtain parental or guardian consent
before permitting a person younger than 16 years of age to download an application from the
application store and provide the parent or guardian with the option to connect the developer
of the application with the approving parent or guardian for the purpose of facilitating
parental supervision tools.
• Beginning July 1, 2026, ensure that the requirements of this section of the bill are included
by default in all operating systems and application store versions and updates for devices sold
after July 1, 2026.
The bill requires a website, an application, or an online service that makes material harmful to
minors available to minors to recognize and allow for the receipt of digital age signals.
The bill requires a website, an application, or an online service that makes available a substantial
portion of material harmful to minors to do the following:
• Block access to the website, application, or online service if an age signal is received
indicating that the person using such website, application, or online service is under 18 years
of age;
• Provide a disclaimer to the user or visitors that the website, application, or online service
contains material harmful to minors; and
• Label itself as restricted to adults.
71
Section 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution, guarantees every person the right to inspect or copy
public records made or received in connection with the official business of any public body, officer, or employee of the state,
with certain exceptions.
BILL: SB 1438 Page 17
The bill requires a website, an application, or an online service that knowingly makes available
less than a substantial portion of material harmful to minors to do the following:
• Block access to known material harmful to minors if an age signal is received indicating that
the person using such website, application, or online service is under 18 years of age; and
• Provide a disclaimer to users or visitors before displaying known material harmful to minors.
The bill requires a website, an application, or an online service with actual knowledge, through
receipt of a signal regarding a user’s age or otherwise, that a user is under 18 years of age, to the
extent commercially reasonable and technically feasible, provide readily available features for
parents or guardians to support a minor with respect to the minor’s use of the service, including
features to help manage which persons or accounts are affirmatively linked to the minor, to help
manage the delivery of age appropriate content, and to limit the amount of time that the minor
spends daily on the website, application, or online service.
The bill requires a covered manufacturer to comply with the device-based age verification
requirements in a nondiscriminatory manner, specifically including, but not limited to, imposing
at least the same restrictions and obligations on its own websites, applications, and online
services as it does on those from third parties.
A covered manufacturer is prohibited from taking the following actions:
• Using data collected from third parties, or consent mechanisms deployed for third parties, in
the course of compliance with the device-based age verification requirements to compete
against such third parties;
• Giving the covered manufacturer’s services preference relative to those of third parties; or
• Otherwise use data collected from third parties or consent mechanisms deployed by third
parties in an anticompetitive manner.
The bill gives the Department of Legal Affairs rule making authority to implement the device-
based age verification requirements.
The bill provides that any state law, regulation, or policy or any ordinance, regulation, or policy
adopted by a county, a municipality, an administrative agency, or other political subdivision of
Florida which is in conflict with this section of the bill is superseded and is deemed null and void
to the extent of the conflict.
Effective Date
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
BILL: SB 1438 Page 18
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
First Amendment Right to Freedom of Speech
The First Amendment to the U.S. Constitution guarantees that “Congress shall make no
law ... abridging the freedom of speech.”72 Generally, “government has no power to
restrict expression because of its message, its ideas, its subject matter, or its content.”73
The rights guaranteed by the First Amendment apply with equal force to state
governments through the due process clause of the Fourteenth Amendment.74
In most circumstances, these protections “are no less applicable when government seeks
to control the flow of information to minors”75 as states do not possess “a free-floating
power to restrict the ideas to which children may be exposed.”76
Many of the questions regarding the constitutionality of age verification laws may
concern whether such laws are sufficiently narrow to avoid inhibiting more speech than
necessary. The degree of tailoring required may vary depending on whether a given law
is content-based or content-neutral. In both circumstances, a law’s constitutionality
depends on several factors, including the:
• Strength of the government’s interest.
• Amount of protected speech that the law directly or indirectly restricts.
• Availability of less speech-restrictive alternatives.77
Content-neutral regulations on free speech are legitimate if they advance important
governmental interests that are not related to suppression of free speech, do so in a way
that is substantially related to those interests, and do not substantially burden more speech
than necessary to further those interests.78
72
U.S. CONST. amend. I.
73
Police Dept. of City of Chicago v. Mosley, 408 U.S. 92, 95 (1972).
74
U.S. CONST. amend. XIV; see also FLA. CONST., art. I.
75
Erznoznik v. City of Jacksonville, 422 U.S. 205, 214 (1975).
76
Brown v. Ent. Merchants Ass’n, 564 U.S. 786, 794 (2011).
77
Eric N. Holmes, Congressional Research Service, Online Age Verification (Part III): Select Constitutional Issues (CRS
Report No. LSB11022, August 17, 2023), available at https://crsreports.congress.gov/product/pdf/LSB/LSB11022 (last
visited Mar. 24, 2025).
78
Turner Broadcasting System, Inc. v. F.C.C., 520 U.S. 180,189 (U.S. 1997).
BILL: SB 1438 Page 19
The U.S. Supreme Court regards content-based laws, which limit communication because
of the message it conveys, as presumptively unconstitutional.79 Such a law may be
justified only if the government shows that the law is required to promote a compelling
state interest and that the least restrictive means have been chosen to further that
articulated interest.80
In general, the U.S. Supreme Court has held that requiring adults to prove their age to
access certain content is an unconstitutional, content-based limit on free speech, when
there are less restrictive means to curb access to minors, such as filters and parental
controls.81
According to Justice O’Connor’s Reno dissent, because technology was insufficient for
ensuring that minors could be excluded while still providing adults full access to
protected content, the age verification provision was viewed as ultimately
unconstitutional; however, she contemplated the possibility that future technological
advances may allow for a constitutionally sound age verification law.82
Additionally, in determining whether laws requiring age verification to access social
media platforms unconstitutionally restrict free speech, courts have found that even if
“the state has the power to enforce parental prohibitions it does not follow that the state
has the power to prevent children from hearing or saying anything without their parents’
prior consent.”83 Moreover:
[A]ge-verification requirements are more restrictive than policies enabling
or encouraging users (or their parents) to control their own access to
information, whether through user-installed devices and filters or
affirmative requests to third-party companies. “Filters impose selective
restrictions on speech at the receiving end, not universal restrictions at the
source.” And “[u]nder a filtering regime, adults ... may gain access to speech
they have a right to see without having to identify themselves[.]” Similarly,
the State could always “act to encourage the use of filters ... by parents” to
protect minors.84
State Authority to Regulate to Protect Minors
The U.S. Supreme Court has determined that the state has a “compelling interest in
protecting the physical and psychological well-being of minors,” which “extends to
79
Reed v. Town of Gilbert, 576 U.S. 155, 163 (2015).
80
Sable Commc’s of California, Inc. vs. F.C.C., 492 U.S. 115, 126 (1989).
81
Reno v. Am. C. L. Union, 521 U.S. 844, 874 (1997); Ashcroft v. American Civil Liberties Union, 542 U.S. 656, 666 (2004);
Ronald Kahn, Reno v. American Civil Liberties Union (1997), Free Speech Center at Middle Tennessee State University,
Dec. 15, 2023, available at https://firstamendment.mtsu.edu/article/reno-v-american-civil-liberties-union/ (last visited Mar.
24, 2025).
82
Reno, 521 U.S. at 886-91 (O’Connor concurring in part and dissenting in part). The court also considered overbreadth and
vagueness arguments, and determined that the Communications Decency Act of 1996 was too broad and vague. Id. at 883-84.
83
NetChoice, LLC v. Yost, 2024 WL 104336, *8 (S.D. Ohio Jan. 9, 2024) (internal citations and quotations omitted).
84
NetChoice, LLC v. Griffin, 2023 WL 5660155, *21 (W.D. Ark. Aug. 31, 2023) (internal citations omitted).
BILL: SB 1438 Page 20
shielding minors from the influence of literature that is not obscene by adult standards.”85
In doing so, however, the means must be narrowly tailored to achieve that end so as not
to unnecessarily deny adults access to material which is constitutionally protected
indecent material.86
Supremacy Clause
Article VI, Paragraph 2 of the U.S. Constitution, commonly referred to as the Supremacy
Clause, establishes that the federal constitution, and federal law generally, take
precedence over state laws and constitutions. The Supremacy Clause also prohibits states
from interfering with the federal government’s exercise of its constitutional powers and
from assuming any functions that are exclusively entrusted to the federal government. It
does not, however, allow the federal government to review or veto state laws before they
take effect.87
Section 230 of the federal Communications Decency Act, in part, specifies that “[n]o
provider ... of an interactive computer service shall be treated as the publisher or speaker
of any information provided by another information content provider”88 and specifically
prohibits all inconsistent causes of action and liability imposed under any state or local
law.89
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill requires covered manufacturers and developers of covered applications to take
certain steps, provide certain features, and provide certain notices or disclaimers to assist
in protecting minors, which will likely increase costs for such entities.
C. Government Sector Impact:
The Department of Legal Affairs will be required to adopt rules to implement the
provisions in this bill.
VI. Technical Deficiencies:
None.
85
Sable Commc’s of California, Inc., 492 U.S. at 126.
86
Ashcroft, 542 U.S. at 666; Cashatt v. State, 873 So. 2d 430, 434 (Fla. 1st DCA 2004); but see Erznoznik, 422 U.S. at 213
(determining that the city’s regulation was overly broad).
87
Cornell Law School, Legal Information Institute, Supremacy Clause, available at
https://www.law.cornell.edu/wex/supremacy_clause (last visited Mar. 24, 2025).
88
47 U.S.C. s. 230(c)(1).
89
47 U.S.C. s. 230(e)(3).
BILL: SB 1438 Page 21
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 501.1737 of the Florida Statutes.
This bill creates the following sections of the Florida Statutes: 282.803 and 501.1741.
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 - 2025 SB 1438 Florida Senate - 2025 SB 1438
By Senator Grall
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1 A bill to be entitled 30 penalties against covered manufacturers; removing
2 An act relating to online access to materials harmful 31 certain liability and damage provisions for certain
3 to minors; creating s. 282.803, F.S.; defining terms; 32 commercial entities; deleting provisions relating to
4 requiring a developer to, beginning on a specified 33 public records exemptions and the Open Government
5 date, make specific determinations about covered 34 Sunset Review Act; removing the definition of the term
6 applications, provide notice to application stores 35 “proprietary information”; conforming provisions to
7 about such applications, and provide certain features 36 changes made by the act; creating s. 501.1741, F.S.;
8 for parents to protect a user that is a child; 37 requiring covered manufacturers to take certain steps
9 requiring a covered manufacturer to, beginning on a 38 upon activation of a device; requiring certain
10 specified date, take certain steps to determine 39 websites, applications, or online services to take
11 specified information about the user, provide certain 40 certain actions based on the amount of material
12 notices, and provide developers of covered 41 harmful to minors found on such website, application,
13 applications with a specified means to verify the age 42 or online service; requiring covered manufacturers to
14 of a user; providing requirements for devices sold 43 comply with statutory requirements in a
15 before a specified date; providing construction; 44 nondiscriminatory manner; prohibiting covered
16 requiring an application store to establish 45 manufacturers from taking certain actions; authorizing
17 nondiscriminatory practices; providing for enforcement 46 the Department of Legal Affairs to adopt rules and
18 actions by the Attorney General; providing an 47 regulations; providing preemption; providing an
19 affirmative defense; providing a limitation on 48 effective date.
20 liability for a covered manufacturer under certain 49
21 circumstances; amending s. 501.1737, F.S.; revising 50 Be It Enacted by the Legislature of the State of Florida:
22 definitions and defining terms; revising the age 51
23 verification method used by certain commercial 52 Section 1. Section 282.803, Florida Statutes, is created to
24 entities to verify the age of a person accessing 53 read:
25 certain material; providing an exception; requiring a 54 282.803 Online application store.—
26 covered manufacturer to ensure certain statutory 55 (1) As used in this section, the term:
27 requirements are met; authorizing the Department of 56 (a) “Application store” means a publicly available website,
28 Legal Affairs to bring an action against covered 57 software application, or online service that distributes third-
29 manufacturers; authorizing the imposition of civil 58 party platform software applications to a computer, a mobile
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59 device, or any other general purpose computing device. 88 purpose. The term does not include cable, fiber, or wireless
60 (b) “Child” means an individual consumer under 18 years of 89 modems, and home routers whether standalone or combined with the
61 age. 90 aforementioned modems; managed set-top boxes; and any physical
62 (c) “Covered application” means a software application, 91 object that only supports communications within a closed user
63 website, or other online service that is likely to be accessed 92 group or private network available to a limited set of users.
64 by children and that is intended to be run or directed by a user 93 (h) “Likely to be accessed by children” means it is
65 on a computer, mobile device, or any other general purpose 94 reasonable to expect that an application would be accessed by
66 computing device. The term does not include a broadband Internet 95 children, based on satisfying any of the following criteria:
67 access service as defined in 47 C.F.R. s. 8.1(b); a 96 1. The application is determined, based on competent and
68 telecommunications service as defined in 47 U.S.C. s. 153; or 97 reliable evidence regarding audience composition, to be
69 the delivery or use of a physical product unconnected to the 98 routinely accessed by children; or
70 Internet. 99 2. Internal research findings determine that the
71 (d) “Covered entity” means a covered manufacturer or 100 application is routinely accessed by children.
72 developer of a covered application. 101 (i) “Parent” means a biological, foster, or adoptive
73 (e) “Covered manufacturer” means a manufacturer of a 102 parent; a stepparent; or a legal guardian.
74 device, an operating system for a device, or an application 103 (j) “User” means an individual consumer of covered
75 store. 104 applications.
76 (f) “Developer” means any person, entity, or organization 105 (2) Beginning January 1, 2026:
77 that creates, owns, or controls an application and is 106 (a) A developer of a covered application shall:
78 responsible for the design, development, maintenance, and 107 1. Determine whether an application the developer provides
79 distribution of the application to users through an application 108 is likely to be accessed by children and, if the application is
80 store. 109 provided for distribution via an application store, provide
81 (g) “Device” means a device or a portion of a device that 110 notice to such application store that the application is likely
82 is designed for and capable of communicating across a computer 111 to be accessed by children.
83 network with other computers or devices for the purpose of 112 2. To the extent applicable and technically feasible,
84 transmitting, receiving, or storing data, including, but not 113 provide readily available features for parents to protect a user
85 limited to, a desktop, a laptop, a cellular telephone, a tablet, 114 that is a child as appropriate to the risks that arise from the
86 or any other device designed for and capable of communicating 115 child’s use of the developer’s covered application. This
87 with or across a computer network and that is used for such 116 includes providing features to help manage which accounts are
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117 affirmatively linked to the user under the age of 18, to help 146 signals and parental consent provided under subparagraph 2. for
118 manage the delivery of age appropriate content, and to limit the 147 purposes of complying with this paragraph.
119 amount of time that the user under the age of 18 spends daily on 148 (c) For devices sold before January 1, 2026, covered
120 the developer’s covered application. 149 manufacturers shall ensure that the requirements under paragraph
121 (b) A covered manufacturer shall take commercially 150 (b) are included in its operating system and app store versions
122 reasonable and technically feasible steps to: 151 and updates by default after January 1, 2027.
123 1. Upon initial activation of a device, determine or 152 (3)(a) Except for the requirements provided in subparagraph
124 estimate the age of the device’s primary user. 153 (2)(b)2., this section does not:
125 2. If the covered manufacturer is an application store: 154 (b) Require a covered entity to access, collect, retain,
126 a. Provide a mechanism for a developer to provide notice 155 reidentify, or link information, that in the ordinary course of
127 that an application is likely to be accessed by children. 156 business, would not otherwise be accessed, collected, retained,
128 b. Obtain parental consent before permitting a known child 157 reidentified, or linked.
129 under 16 years of age to download a covered application from the 158 (c) Require a covered entity to implement new account
130 application store. 159 controls or safety settings if it is not necessary to comply
131 c. Provide developers of covered applications in the 160 with this act.
132 application store a signal regarding whether a parent has 161 (d) Modify, impair, or supersede the operation of any
133 provided consent when required under this subsection. 162 antitrust law, including chapter 1331 of the Revised Code and 15
134 d. Provide the parent with the option to connect the 163 U.S.C. ss. 1 et seq.
135 developer of such a covered application with the approving 164 (4) An application store shall comply with this section in
136 parent for the purpose of facilitating parental supervision 165 a nondiscriminatory manner, including:
137 tools. 166 (a) Imposing at least the same restrictions and obligations
138 3. Provide developers of covered applications with a 167 on its own applications and application distribution as it does
139 digital signal via a real time application programming interface 168 on those from third-party applications or application
140 regarding whether a user is: 169 distributors;
141 a. Under 13 years of age. 170 (b) Not using data collected from third parties, or consent
142 b. At least 13 years of age and under 16 years of age. 171 mechanisms deployed for third parties, in the course of
143 c. At least 16 years of age and under 18 years of age. 172 compliance with this subsection, for any of the following:
144 d. At least 18 years of age. 173 1. To compete against those third parties.
145 4. Developers of covered applications may rely on age 174 2. To give the application store’s services preference
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175 relative to those of third parties. 204 section if the developer acted in reasonable reliance on the
176 3. To otherwise use the data or consent mechanism in an 205 application store’s determination or estimate that the user is
177 anticompetitive manner. 206 not a child.
178 (5)(a) At least 45 days before the date on which the 207 (7) A covered manufacturer is not subject to liability for
179 Attorney General initiates an enforcement action against a 208 failure to comply with this section if that covered manufacturer
180 covered entity that is subject to the requirements of this 209 has taken commercially reasonable and technically feasible steps
181 section, the Attorney General shall provide the covered entity 210 to determine or estimate the age of the user of the device as
182 with a written notice that identifies each alleged violation and 211 provided in paragraph (2)(b).
183 an explanation of the basis for each allegation. 212 Section 2. Section 501.1737, Florida Statutes, is amended
184 (b) The Attorney General may not initiate an action if the 213 to read:
185 covered entity cures the violation or violations described in 214 501.1737 Age verification for online access to materials
186 the notice within 45 days after the notice is sent and provides 215 harmful to minors.—
187 the Attorney General with a written statement indicating that 216 (1) As used in this section and s. 501.1741, the term:
188 the violation is cured and that no further violations will 217 (a) “Anonymous age verification” has the same meaning as in
189 occur. 218 s. 501.1738.
190 (c) If a covered entity continues to violate this section 219 (b) “Application store” means a publicly available website,
191 in breach of an express written notice provided under paragraph 220 software application, or online service that distributes third-
192 (6)(a), the Attorney General may bring a civil action and seek 221 party platforms’ software applications to a computer, a mobile
193 damages for up to $2,500 per violation of this section not to 222 device, or any other general-purpose computing device.
194 exceed $50,000. Damages shall begin accruing after completion of 223 (c)(b) “Commercial entity” includes a corporation, a
195 the 45-day cure period in paragraph (6)(b). 224 limited liability company, a partnership, a limited partnership,
196 (d) This subsection does not provide a private right of 225 a sole proprietorship, and any other legally recognized entity.
197 action. The Attorney General has the exclusive authority to 226 (d) “Covered manufacturer” means a manufacturer of a
198 enforce this section. 227 device, an operating system for a device, or an application
199 (e) Paragraph (a) does not apply if the covered entity 228 store.
200 fails to timely cure all of the violations described in the 229 (e)(c) “Department” means the Department of Legal Affairs.
201 notice or commits a subsequent violation of the same type after 230 (f) “Device” means equipment or a portion of equipment that
202 curing the initial violation under that paragraph. 231 is designed for and capable of communicating across a computer
203 (6) It is an affirmative defense to a violation of this 232 network with other computers or devices for the purpose of
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233 transmitting, receiving, or storing data, including, but not 262 thereof who can provide documentation of such employment.
234 limited to, a desktop, a laptop, a cellular telephone, a tablet, 263 (k) “Operating system provider” means an entity that
235 or any other device designed for and capable of communicating 264 develops, distributes, or maintains the operating system of, and
236 with or across a computer network and that is used for such 265 provides common services for, a device. The term includes the
237 purpose. 266 design, programming, and supply of operating systems for various
238 (g) “Digital age verification” means either anonymous age 267 devices such as smartphones, tablets, and other digital
239 verification, standard age verification, or device-based age 268 equipment.
240 verification. 269 (l)(g) “Publish” means to communicate or make information
241 (h)(d) “Distribute” means to issue, sell, give, provide, 270 available to another person or entity on a publicly available
242 deliver, transfer, transmit, circulate, or disseminate by any 271 website or application.
243 means. 272 (m)(h) “Resident” means a person who lives in this state
244 (i)(e) “Material harmful to minors” means any material 273 for more than 6 months of the year.
245 that: 274 (n)(i) “Standard age verification” means any commercially
246 1. The average person applying contemporary community 275 reasonable method of age verification approved by the commercial
247 standards would find, taken as a whole, appeals to the prurient 276 entity.
248 interest; 277 (o)(j) “Substantial portion” means more than 33.3 percent
249 2. Depicts or describes, in a patently offensive way, 278 of total material on a website or application.
250 sexual conduct as specifically defined in s. 847.001(19); and 279 (2) A commercial entity that knowingly and intentionally
251 3. When taken as a whole, lacks serious literary, artistic, 280 publishes or distributes material harmful to minors on a website
252 political, or scientific value for minors. 281 or application, if the website or application contains a
253 (j)(f) “News-gathering organization” means any of the 282 substantial portion of material harmful to minors, must use
254 following: 283 digital either anonymous age verification or standard age
255 1. A newspaper, news publication, or news source, printed 284 verification to verify that the age of a person attempting to
256 or published online or on a mobile platform, engaged in 285 access the material is 18 years of age or older and prevent
257 reporting current news and matters of public interest, and an 286 access to the material by a person younger than 18 years of age.
258 employee thereof who can provide documentation of such 287 The commercial entity must offer anonymous age verification and
259 employment. 288 standard age verification, and a person attempting to access the
260 2. A radio broadcast station, television broadcast station, 289 material may select which method will be used to verify his or
261 cable television operator, or wire service, and an employee 290 her age unless the commercial entity is relying on device-based
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291 age verification pursuant to s. 501.1741. 320 to any other remedy under part II of this chapter, the
292 (3) A commercial entity must ensure that the requirements 321 department may collect a civil penalty of up to $50,000 per
293 of s. 501.1738 are met unless the commercial entity is relying 322 violation and reasonable attorney fees and court costs. When the
294 on device-based age verification pursuant to s. 501.1741. A 323 commercial entity’s or a covered manufacturer’s failure to
295 covered manufacturer must ensure that the requirements of s. 324 comply with subsection (2) or subsection (3) is a consistent
296 501.1741 are met. 325 pattern of conduct of the commercial entity or covered
297 (4)(a) This section does not apply to any bona fide news or 326 manufacturer, punitive damages may be assessed against the
298 public interest broadcast, website video, report, or event and 327 commercial entity or covered manufacturer.
299 does not affect the rights of a news-gathering organization. 328 (b) A third party that performs age verification for a
300 (b) An Internet service provider or its affiliates or 329 commercial entity or covered manufacturer in violation of s.
301 subsidiaries, a search engine, or a cloud service provider does 330 501.1738 is deemed to have committed an unfair and deceptive
302 not violate this section solely for providing access or 331 trade practice actionable under part II of this chapter solely
303 connection to or from a website or other information or content 332 by the department against such third party. If the department
304 on the Internet or a facility, system, or network not under the 333 has reason to believe that the third party is in violation of s.
305 provider’s control, including transmission, downloading, 334 501.1738, the department, as the enforcing authority, may bring
306 intermediate storage, or access software, to the extent the 335 an action against such third party for an unfair or deceptive
307 provider is not responsible for the creation of the content of 336 act or practice. For the purpose of bringing an action pursuant
308 the communication which constitutes material harmful to minors. 337 to this section, ss. 501.211 and 501.212 do not apply. In
309 (5)(a) Any violation of subsection (2) or subsection (3) is 338 addition to other remedies under part II of this chapter, the
310 deemed an unfair and deceptive trade practice actionable under 339 department may collect a civil penalty of up to $50,000 per
311 part II of this chapter solely by the department on behalf of a 340 violation and reasonable attorney fees and court costs.
312 resident minor against a commercial entity or a covered 341 (c) A commercial entity that violates subsection (2) for
313 manufacturer. If the department has reason to believe that a 342 failing to prohibit access or prohibit a minor from future
314 commercial entity or a covered manufacturer is in violation of 343 access to material harmful to minors after a report of
315 subsection (2) or subsection (3), the department, as the 344 unauthorized or unlawful access is liable to the minor for such
316 enforcing authority, may bring an action against the commercial 345 access, including court costs and reasonable attorney fees as
317 entity or a covered manufacturer for an unfair or deceptive act 346 ordered by the court. Claimants may be awarded up to $10,000 in
318 or practice. For the purpose of bringing an action pursuant to 347 damages. A civil action for a claim under this paragraph must be
319 this section, ss. 501.211 and 501.212 do not apply. In addition 348 brought within 1 year from the date the complainant knew, or
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349 reasonably should have known, of the alleged violation. 378 civil action. The subpoena shall inform the party served of its
350 (c)(d) Any action under this subsection may only be brought 379 rights under this subsection.
351 on behalf of or by a resident minor. 380 (b) If the matter that the department seeks to obtain by
352 (6) For purposes of bringing an action under subsection 381 subpoena is located outside the state, the entity or person
353 (5), a commercial entity or covered manufacturer that publishes 382 subpoenaed may make it available to the department or its
354 or distributes material harmful to minors on a website or 383 representative to examine the matter at the place where it is
355 application, if the website or application contains a 384 located. The department may designate representatives, including
356 substantial portion of material harmful to minors and such 385 officials of the state in which the matter is located, to
357 website or application is available to be accessed in this 386 inspect the matter on its behalf and may respond to similar
358 state, is considered to be both engaged in substantial and not 387 requests from officials of other states.
359 isolated activities within this state and operating, conducting, 388 (c) Upon failure of an entity or person without lawful
360 engaging in, or carrying on a business and doing business in 389 excuse to obey a subpoena and upon reasonable notice to all
361 this state, and is therefore subject to the jurisdiction of the 390 persons affected, the department may apply to the circuit court
362 courts of this state. 391 for an order compelling compliance.
363 (7) This section does not preclude any other available 392 (d) The department may request that an entity or person
364 remedy at law or equity. 393 that refuses to comply with a subpoena on the ground that
365 (8)(a) If, by its own inquiry or as a result of complaints, 394 testimony or matter may incriminate the entity or person be
366 the department has reason to believe that an entity or person 395 ordered by the court to provide the testimony or matter. Except
367 has engaged in, or is engaging in, an act or practice that 396 in a prosecution for perjury, an entity or individual that
368 violates this section, the department may administer oaths and 397 complies with a court order to provide testimony or matter after
369 affirmations, subpoena witnesses or matter, and collect 398 asserting a valid privilege against self-incrimination shall not
370 evidence. Within 5 days, excluding weekends and legal holidays, 399 have the testimony or matter so provided, or evidence derived
371 after the service of a subpoena or at any time before the return 400 therefrom, received against the entity or person in any criminal
372 date specified therein, whichever is longer, the party served 401 investigation or proceeding.
373 may file in the circuit court in the county in which it resides 402 (e) Any entity or person upon whom a subpoena is served
374 or in which it transacts business and serve upon the enforcing 403 pursuant to this section shall comply with the terms thereof
375 authority a petition for an order modifying or setting aside the 404 unless otherwise provided by order of the court. Any entity or
376 subpoena. The petitioner may raise any objection or privilege 405 person that fails to appear with the intent to avoid, evade, or
377 which would be available upon service of such subpoena in a 406 prevent compliance in whole or in part with any investigation
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407 under this part or that removes from any place, conceals, 436 (c) Upon completion of an investigation or once an
408 withholds, mutilates, alters, or destroys, or by any other means 437 investigation ceases to be active, the following information
409 falsifies any documentary material in the possession, custody, 438 held by the department shall remain confidential and exempt from
410 or control of any entity or person subject to any such subpoena, 439 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
411 or knowingly conceals any relevant information with the intent 440 1. Information that is otherwise confidential or exempt
412 to avoid, evade, or prevent compliance, shall be liable for a 441 from s. 119.07(1) or s. 24(a), Art. I of the State Constitution.
413 civil penalty of not more than $5,000 per week in violation, 442 2. Personal identifying information.
414 reasonable attorney fees, and costs. 443 3. A computer forensic report.
415 (9)(a) All information held by the department pursuant to a 444 4. Information that would otherwise reveal weaknesses in
416 notification of a violation of this section or an investigation 445 the data security of the commercial entity.
417 of a violation of this section is confidential and exempt from 446 5. Information that would disclose the proprietary
418 s. 119.07(1) and s. 24(a), Art. I of the State Constitution, 447 information of the commercial entity.
419 until such time as the investigation is completed or ceases to 448 (d) For purposes of this subsection, the term “proprietary
420 be active. This exemption shall be construed in conformity with 449 information” means information that:
421 s. 119.071(2)(c). 450 1. Is owned or controlled by the commercial entity.
422 (b) During an active investigation, information made 451 2. Is intended to be private and is treated by the
423 confidential and exempt pursuant to paragraph (a) may be 452 commercial entity as private because disclosure would harm the
424 disclosed by the department: 453 commercial entity or its business operations.
425 1. In the furtherance of its official duties and 454 3. Has not been disclosed except as required by law or a
426 responsibilities; 455 private agreement that provides that the information will not be
427 2. For print, publication, or broadcast if the department 456 released to the public.
428 determines that such release would assist in notifying the 457 4. Is not publicly available or otherwise readily
429 public or locating or identifying a person whom the department 458 ascertainable through proper means from another source in the
430 believes to be a victim of an improper use or disposal of 459 same configuration as received by the department.
431 customer records, except that information made confidential and 460 5. Reveals competitive interests, the disclosure of which
432 exempt by paragraph (c) may not be released pursuant to this 461 would impair the competitive advantage of the commercial entity
433 subparagraph; or 462 that is the subject of the information.
434 3. To another governmental entity in the furtherance of its 463 (e) This subsection is subject to the Open Government
435 official duties and responsibilities. 464 Sunset Review Act in accordance with s. 119.15 and shall stand
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465 repealed on October 2, 2029, unless reviewed and saved from 494 this section are included by default in all operating systems
466 repeal through reenactment by the Legislature. 495 and application store versions and updates for devices sold
467 (9)(10) The department may adopt rules to implement this 496 after July 1, 2026.
468 section. 497 (2) A website, an application, or an online service that
469 Section 3. Section 501.1741, Florida Statutes, is created 498 makes available material harmful to minors must recognize and
470 to read: 499 allow for the receipt of digital age signals pursuant to this
471 501.1741 Device-based age verification.— 500 section.
472 (1) Upon activation of a device, a covered manufacturer 501 (3) A website, an application, or an online service that
473 must take commercially reasonable and technically feasible steps 502 makes available a substantial portion of material harmful to
474 to do all of the following: 503 minors must do all of the following:
475 (a) Determine or estimate the age of the user of the 504 (a) Block access to the website, application, or online
476 device. 505 service if an age signal is received indicating that the person
477 (b) Provide websites, applications, application stores, and 506 using such website, application, or online service is under 18
478 online services with a digital signal and a real-time 507 years of age.
479 application programming interface to verify that a person is: 508 (b) Provide a disclaimer to the user or visitors that the
480 1. Younger than 13 years of age. 509 website, application, or online service contains material
481 2. At least 13 years of age but younger than 16 years of 510 harmful to minors.
482 age. 511 (c) Label itself as restricted to adults.
483 3. At least 16 years of age but younger than 18 years of 512 (4) A website, an application, or an online service that
484 age. 513 knowingly makes available less than a substantial portion of
485 4. Eighteen years of age or older. 514 material harmful to minors must do all of the following:
486 (c) If the covered manufacturer is an application store, 515 (a) Block access to known material harmful to minors if an
487 obtain parental or guardian consent before permitting a person 516 age signal is received indicating that the person using such
488 younger than 16 years of age to download an application from the 517 website, application, or online service is under 18 years of
489 application store and provide the parent or guardian with the 518 age.
490 option to connect the developer of the application with the 519 (b) Provide a disclaimer to users or visitors before
491 approving parent or guardian for the purpose of facilitating 520 displaying known material harmful to minors.
492 parental supervision tools. 521 (5) A website, an application, or an online service with
493 (d) Beginning July 1, 2026, ensure that the requirements of 522 actual knowledge, through receipt of a signal regarding a user’s
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523 age or otherwise, that a user is under 18 years of age must, to 552 law. Any state law, regulation, or policy or any ordinance,
524 the extent commercially reasonable and technically feasible, 553 regulation, or policy adopted by a county, a municipality, an
525 provide readily available features for parents or guardians to 554 administrative agency, or other political subdivision of this
526 support a minor with respect to the minor’s use of the service, 555 state which is in conflict with this section is hereby
527 including features to help manage which persons or accounts are 556 superseded and is deemed null and void to the extent of the
528 affirmatively linked to the minor, to help manage the delivery 557 conflict with this section.
529 of age appropriate content, and to limit the amount of time that 558 Section 4. This act shall take effect July 1, 2025.
530 the minor spends daily on the website, application, or online
531 service.
532 (6) A covered manufacturer must comply with this section in
533 a nondiscriminatory manner, specifically including, but not
534 limited to, imposing at least the same restrictions and
535 obligations on its own websites, applications, and online
536 services as it does on those from third parties.
537 (7) A covered manufacturer may not:
538 (a) Use data collected from third parties, or consent
539 mechanisms deployed for third parties, in the course of
540 compliance with this section to compete against such third
541 parties;
542 (b) Give the covered manufacturer’s services preference
543 relative to those of third parties; or
544 (c) Otherwise use data collected from third parties or
545 consent mechanisms deployed by third parties in an
546 anticompetitive manner.
547 (8) After requisite notice and public comment, the
548 department may adopt such rules and regulations necessary to
549 establish the processes by which entities are to comply with
550 this section.
551 (9) This section is intended to provide uniformity of the
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The Florida Senate
Committee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 6, 2025
I respectfully request that Senate Bill #1438, relating to Online Access to Materials Harmful to
Minors, be placed on the:
committee agenda at your earliest possible convenience.
next committee agenda.
Senator Erin Grall
Florida Senate, District 29
File signed original with committee office S-020 (03/2004)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 578
INTRODUCER: Commerce and Tourism Committee and Senator Leek
SUBJECT: Wine Containers
DATE: March 25, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Favorable
2. Dike McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 578 allows the sale of wine in any container holding 5.16 gallons. Current law only
allows for the sale of wine in reusable containers holding 5.16 gallons. Under current law, wine
may also be sold in glass containers holding 4.5 liters, 9 liters, 12 liters, or 15 liters of wine.
The bill takes effect July 1, 2025.
II. Present Situation:
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation administers and enforces1 the Beverage Law,2 which regulates the
manufacture, distribution, and sale of wine, beer, and liquor.3 The division is also responsible for
the administration and enforcement of tobacco products under ch. 569, F.S.
1
Section 561.02, F.S.
2
Section 561.01(6), F.S. (provides that the “Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.).
3
See s. 561.14, F.S.
BILL: CS/SB 578 Page 2
Wine
The term “wine” means:4
all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner
required by the laws and regulations of the United States, and includes all
sparkling wines, champagnes, combination of the aforesaid beverages, sake,
vermouths, and like products. Sugar, flavors, and coloring materials may be added
to wine to make it conform to the consumer's taste, except that the ultimate flavor
or the color of the product may not be altered to imitate a beverage other than
wine or to change the character of the wine.
“Fortified wine” means all wines containing more than 17.259 percent of alcohol by volume.5
Wine Container Size Limits
Section 564.05, F.S., prohibits the sale of wine in an individual container that holds more than
one gallon (3.785 liters) of wine unless the wine is sold in a reusable container of 5.16 gallons
(19.5 liters) or a glass container holding 4.5 liters, 9 liters, 12 liters, or 15 liters of wine.
Qualified distributors and manufacturers may sell wine to other qualified distributors or
manufacturers in any size container. Except as provided in s. 564.09, F.S., wine sold or offered
for sale by a licensed vendor to be consumed off the premises shall be in the unopened original
container.6
Any person who violates the prohibition in s. 564.05, F.S., commits a misdemeanor of the
second degree.7
Federal law specifies fill standards for wine containers.8 The wine container must be filled to
contain the quantity of wine authorized by the federal fill standards so as not to mislead the
consumer.9 The authorized standards of fill range from 50 milliliters to three liters. However, if
the fill of the wine container is four liters or larger, the container must be labeled in even liters,
e.g., four liters, five liters, etc.10 There are also several exceptions to the standard fill
4
Section 564.01(1), F.S.
5
Section 564.01(2), F.S.
6
Section 564.09, F.S., allows restaurant patrons to leave a restaurant with an unsealed bottle of wine for consumption off the
premises if the patron has purchased a meal and consumed a portion of the bottle of wine on the restaurant premises with
certain requirements.
7
Section 775.082(4), F.S., provides the penalty for a misdemeanor of the second degree is a term of imprisonment not
exceeding 60 days. Section 775.083(1)(e), F.S., provides the penalty for a misdemeanor of the second degree is a fine not to
exceed $500.
8
27 C.F.R. s. 4.70 et seq.
9
27 C.F.R. s. 4.71.
10
27 C.F.R. s. 4.72.
BILL: CS/SB 578 Page 3
requirements, including exceptions for certain imported wines in original containers, wines
bottled before specified dates, and wine packed in containers of 18 liters or more.11
III. Effect of Proposed Changes:
The bill revises s. 564.05, F.S., to allow the sale of wine in any container holding 5.16 gallons.
Current law only allows for the sale of wine in reusable containers holding 5.16 gallons.
The bill takes effect July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
11
27 C.F.R. s. 4.70. The standard wine barrel is 225 liters or 59 gallons. See Wine Industry Advisor, Living Large:
Supersizing Barrels for a Subtler Impact, available at https://wineindustryadvisor.com/2020/08/11/living-large-supersizing-
barrels-for-a-subtler-impact (last visited Mar. 25, 2025).
BILL: CS/SB 578 Page 4
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 564.05 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on March 25, 2025:
The amendment removes the words “recyclable” and “reusable” to allow wine to be
stored in any type of container under this section.
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 - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 578 Bill No. SB 578
Ì412314qÎ412314 Ì412314qÎ412314
LEGISLATIVE ACTION 11 564.05, F.S.; revising an exception to the maximum
Senate . House 12 allowable capacity for an individual container of wine
Comm: RCS . 13 sold in this state; providing
03/25/2025 .
.
.
.
The Committee on Commerce and Tourism (Leek) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete line 14
4 and insert:
5 such wine, unless such wine is in a reusable
6
7 ================= T I T L E A M E N D M E N T ================
8 And the title is amended as follows:
9 Delete lines 3 - 4
10 and insert:
Page 1 of 2 Page 2 of 2
3/24/2025 9:09:40 AM 577-02698-25 3/24/2025 9:09:40 AM 577-02698-25
Florida Senate - 2025 SB 578
By Senator Leek
7-00684-25 2025578__
1 A bill to be entitled
2 An act relating to wine containers; amending s.
3 564.05, F.S.; providing that wine may be sold in
4 recyclable containers of a specified volume; providing
5 an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 564.05, Florida Statutes, is amended to
10 read:
11 564.05 Limitation of size of individual wine containers;
12 penalty.—It is unlawful for a person to sell within this state
13 wine in an individual container holding more than 1 gallon of
14 such wine, unless such wine is in a recyclable or reusable
15 container holding 5.16 gallons or a glass container holding 4.5
16 liters, 6 liters, 9 liters, 12 liters, or 15 liters. However,
17 qualified distributors and manufacturers may sell wine to other
18 qualified distributors or manufacturers in any size container.
19 Except as provided in s. 564.09, wine sold or offered for sale
20 by a licensed vendor to be consumed off the premises must shall
21 be in the unopened original container. A person convicted of a
22 violation of this section commits a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083.
24 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 800
INTRODUCER: Commerce and Tourism Committee and Senator McClain
SUBJECT: Requirements for Battery Manufacturers
DATE: March 25, 2025 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Renner McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 800 prohibits a battery manufacturer or marketer from selling products that are powered
by a lithium battery, medium-format battery, portable battery, or primary battery, unless the
battery is removable or contained in a battery pack, the battery or packaging is labeled with a
recycling symbol, or the product’s instruction manual or packaging provides information on
recycling or disposal.
The bill takes effect July 1, 2025.
II. Present Situation:
Batteries: Types, Dangers, and Regulation
Billions of single-use and rechargeable batteries are bought, used, and disposed of in the U.S.
every year.1 The increasing use of small, portable electronics, power tools, and “smart” products
like appliances and automobiles has created an increase in the demand for batteries.2 There are
many different types of batteries that contain different chemical elements, including metals like
1
Florida Department of Environmental Protection (DEP), Battery Recycling and Disposal, 1 (2016), available at
https://floridadep.gov/sites/default/files/Battery%20Recycling%20and%20Disposal-web.pdf; U.S. Environmental Protection
Agency (EPA), Used Household Batteries, https://www.epa.gov/recycle/used-household-batteries (last visited March 24,
2025).
2
EPA, Used Household Batteries.
BILL: CS/SB 800 Page 2
mercury, lead, cadmium, nickel, and silver, as well as critical minerals3 like cobalt, lithium, and
graphite.4
Single-use batteries include alkaline and zinc-carbon batteries, button-cell or coin batteries, and
lithium batteries.5 Rechargeable batteries include nickel cadmium, lithium-ion, nickel metal
hydride, nickel-zinc, and small, sealed lead-acid batteries. Automotive batteries include lead-acid
and medium- and large-scale lithium-ion batteries.6
Rechargeable lithium-ion batteries are in increasing demand because they can store high amounts
of energy in a smaller battery than other types of batteries.7 Lithium-ion batteries are being used
in many consumer electronics, electric vehicles, and stationary energy storage.8
Battery Labeling, Collection, and Disposal
Battery disposal must be managed correctly to reduce environmental, safety, and health risks.9
While some batteries can be disposed of in household trash or municipal recycling, others can
cause significant environmental contamination from heavy metals and other toxic substances.10
Improperly disposed batteries, especially lithium-ion batteries, can be dangerous fire hazards.11
The U.S. Environmental Protection Agency (EPA) classifies certain lithium-ion batteries on the
market today as hazardous waste due to their ignitability and reactive properties.12
Many stores that sell batteries, phones, or electronics, as well as local hazardous waste facilities,
will take used batteries for recycling.13 See the Florida Department of Environmental
3
The U.S. Geological Survey (USGS) designates mineral commodities as “critical minerals” if the minerals have a
significant role in national security, economy, renewable energy development, and infrastructure. USGS, U.S. Geological
Survey Releases 2022 List of Critical Minerals, https://www.usgs.gov/news/national-news-release/us-geological-survey-
releases-2022-list-critical-minerals (last visited March 24, 2025). See Congressional Research Service, Critical Mineral
Resources: The U.S. Geological Survey (USGS) Role in Research and Analysis (Feb. 21, 2025), available at
https://crsreports.congress.gov/product/pdf/R/R48005 (last visited March 24, 2025).
4
EPA, Used Household Batteries.
5
Id.
6
Id.
7
EPA, Lithium Battery Recycling Regulatory Status and Frequently Asked Questions, 1 (May 24, 2023), available at
https://rcrapublic.epa.gov/files/14957.pdf (last visited March 24, 2025).
8
Id.
9
EPA, Used Household Batteries.
10
Id.; DEP, Battery Recycling and Disposal at 1.
11
EPA, Lithium Battery Recycling Regulatory Status and Frequently Asked Questions at 6; EPA, Used Lithium-Ion Batteries,
https://www.epa.gov/recycle/used-lithium-ion-batteries#businesses (last visited March 24, 2025).
12
EPA, Lithium Battery Recycling Regulatory Status and Frequently Asked Questions at 3. There is a wide variety of lithium-
ion battery chemistries, which affects whether a given lithium-ion battery exhibits a hazardous waste characteristic that would
place it under the purview of federal hazardous waste laws. If a lithium-ion battery has a hazardous waste characteristic, its
disposal may be regulated under the federal Resource Conservation and Recovery Act (RCRA). RCRA regulates hazardous
waste generators, however hazardous wastes discarded by households are generally exempt. Due to the dangers posed by
lithium-ion batteries, the EPA recommends that all household lithium-ion batteries be dropped off at battery collection sites
or household hazardous waste collection facilities. Id. at 6-7; 42 U.S.C. §6903; EPA, Used Lithium-Ion Batteries.
13
DEP, Battery Recycling and Disposal at 1. Information about recycling batteries can be found through local household
hazardous waste program websites, at Call2Recycle, or Earth 911. DEP, Household Hazardous Waste,
https://floridadep.gov/waste/permitting-compliance-assistance/content/household-hazardous-waste (last visited March 24,
2025); Call2Recycle Homepage, https://www.call2recycle.org/ (last visited March 24, 2025); Earth911 Homepage,
https://search.earth911.com/?utm_source=earth911-header (last visited March 24, 2025).
BILL: CS/SB 800 Page 3
Protection’s (DEP’s) graphic below for the types of batteries that may be disposed of in
household trash and the types of batteries that should be recycled or sent to a hazardous waste
facility.14
The federal Bipartisan Infrastructure Law of 2021 directed the EPA to develop best practices for
the collection of small, medium, and large format batteries for recycling.15 The best practices
will:
• Be technically and economically feasible for state, Tribal, and local governments;
• Be environmentally sound and safe for waste management workers; and
• Optimize the value and use of material derived from recycling batteries.16
Also as a result of the Bipartisan Infrastructure Law of 2021, the EPA is working to compile a
set of voluntary labeling guidelines for various battery chemistries and types, which will be
finalized in 2026.17 Currently, lead-acid, nickel cadmium, and lithium-ion batteries are subject to
14
DEP, Battery Recycling and Disposal at 1.
15
EPA, Lithium Battery Recycling Regulatory Status and Frequently Asked Questions at 8; EPA, Battery Collection Best
Practices and Battery Labeling Guidelines, https://www.epa.gov/infrastructure/battery-collection-best-practices-and-battery-
labeling-guidelines (last visited March 24, 2025).
16
EPA, Battery Collection Best Practices and Battery Labeling Guidelines.
17
Id.
BILL: CS/SB 800 Page 4
national labeling requirements.18 Any button-cell and coin batteries and the products that contain
them are also subject to warning labels for child safety.19
Florida Battery Sales Regulation
Florida law prohibits a cell manufacturer20 or marketer21 from selling any consumer or non-
consumer product that is powered by a rechargeable battery unless the battery or product meets
certain criteria.22 A rechargeable battery is defined as any small, nonvehicular, rechargeable
nickel-cadmium or sealed lead-acid battery that weighs less than 25 pounds and is not used for
memory backup.23 The manufacturer or marketer must meet the following criteria:
• For consumer products, the battery can be easily removed by the consumer, or the battery is
contained in a battery pack that is separate from the product and can be easily removed.
• For non-consumer products, the battery can be removed or is contained in a battery pack that
is separate from the product.
• The product or the battery, or the packaging if the product is a consumer product, is labeled
with a recycling symbol and includes the term “Cd” for nickel-cadmium batteries or “Pb” for
small, sealed lead batteries to indicate the chemical composition of the battery.
• The instruction manual for the product or the packaging if the product is a consumer product
clearly states that the sealed lead or nickel-cadmium battery must be recycled or disposed of
properly.24
If the Secretary of DEP determines that a consumer or non-consumer product’s design would
result in significant danger to public health and safety if it were to be removable, the Secretary
may authorize the sale of the product without compliance with that requirement.25
18
EPA, White Paper Summarizing Existing Battery Labeling Requirements and Standards, 6 (Jan. 2025), available at
https://www.epa.gov/system/files/documents/2025-01/battery-labeling-requirements-and-standards-white-paper.pdf (last
visited March 24, 2025). National labeling requirements have been codified by the Mercury-Containing and Rechargeable
Battery Management Act of 1996, which resulted in a partnership between the EPA and the Rechargeable Battery Recycling
Corporation (now Call2Recycle) to certify a label for rechargeable batteries, and Reese’s Law of 2022, which provided safety
labeling requirements. Id. at 6-7. In addition to national labeling standards, there are also voluntary battery labeling standards,
including globally recognized industry standards from organizations like SAE International, Battery Council International,
and the Automotive Recyclers Association. Id. at 11-14.
19
Id. at 6.
20
“Cell” is defined as a galvanic or voltaic device weighing 25 pounds or less that consists of an enclosed or sealed container
containing a positive and negative electrode in which one or both electrodes consist primarily of cadmium or lead and which
container includes a gel or liquid starved electrolyte. Section 403.7192(1)(a), F.S. A “cell manufacturer” is an entity that
manufactures cells in the U.S. or imports into the U.S. cells or units for which no unit management program has been put into
effect by the actual manufacturer of the cell or unit. Section 403.7192(1)(b), F.S. A “unit” is a cell, a rechargeable battery, or
a rechargeable product with nonremovable rechargeable batteries. Section 403.7192(1)(e), F.S. A “unit management
program” is a program or system for the collection, recycling, or disposal of units put in place by a marketer in accordance
with law. Section 403.7192(1)(f), F.S.
21
A “marketer” is any person who manufactures, sells, distributes, assembles, or affixes a brand name or private label or
licenses the use of a brand name on a unit or rechargeable product. This does not include someone engaged in the retail sale
of a unit or rechargeable product. Section 403.7192(1)(c), F.S.
22
Section 403.7192(4)(a), F.S.
23
Section 403.7192(1)(d), F.S. This definition includes a battery pack that contains a rechargeable battery. Id.
24
Section 403.7192(4), F.S.
25
Section 403.7192(5), F.S.
BILL: CS/SB 800 Page 5
III. Effect of Proposed Changes:
Section 1 amends s. 403.7192, F.S., concerning batteries. The bill defines “lithium battery” as a
rechargeable battery that uses lithium ions as the primary component of its electrode. It defines
“primary battery” as a battery that is not capable of being recharged.
The bill defines “medium-format battery” as a primary or rechargeable covered battery that is:
• A primary battery that weighs at least 4.4 pounds but not more than 25 pounds or
• A rechargeable battery that weighs at least 11 pounds, but not more than 25 pounds, and has
a rating of at least 300 watt-hours, but not more than 2,000 watt-hours.
The bill also defines “portable battery” as a primary or rechargeable covered battery that is:
• A primary battery that weighs no more than 4.4 pounds or
• A rechargeable battery that weighs no more than 11 pounds and has a rating of no more than
300 watt-hours.
The bill prohibits a cell26 manufacturer or marketer from selling or offering any consumer
product or non-consumer product that is powered by a lithium battery, medium-format battery,
portable battery, or primary battery, unless the battery is removable or contained in a battery
pack, the battery or packaging is labeled with a “Li” recycling symbol for lithium batteries, or
the product’s instruction manual or packaging provides information on how lead, nickel-
cadmium, or lithium batteries must be recycled or disposed of properly.27 Current law only
prohibits a cell manufacturer or marketer from selling or offering any consumer product or non-
consumer product powered by a rechargeable battery, unless it meets the specified requirements.
Section 2 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
26
“Cell” is defined in footnote 20 of this analysis.
27
A detailed description of these requirements can be found in the “Florida Battery Sales Regulation” section on page four of
this analysis.
BILL: CS/SB 800 Page 6
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 403.7192 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on March 25, 2025:
The amendment provides that in order for a lithium battery to be sold by a cell
manufacturer or marketer, the product or the battery, or the package for a consumer
product, must be labeled with a “Li” for lithium batteries. The instruction manual or
package for the product must state that the sealed lithium battery must be recycled or
disposed of properly.
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 - 2025 COMMITTEE AMENDMENT Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 800 Bill No. SB 800
Ì581132sÎ581132 Ì581132sÎ581132
LEGISLATIVE ACTION 11 of a consumer product, the package containing the product states
Senate . House 12 that the sealed lead, or nickel-cadmium, or lithium battery must
Comm: RCS . 13 be recycled or disposed of properly.
03/25/2025 . 14
. 15 ================= T I T L E A M E N D M E N T ================
. 16 And the title is amended as follows:
. 17 Delete line 7
18 and insert:
19 batteries; revising exceptions; providing an effective
20 date.
The Committee on Commerce and Tourism (McClain) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 48 - 56
4 and insert:
5 (c) The product or the battery, or the package in the case
6 of a consumer product, is labeled with a recycling symbol and
7 includes, as an indication of the chemical composition of the
8 battery, the term “Cd” for nickel-cadmium batteries, or “Pb” for
9 small sealed lead batteries, or “Li” for lithium batteries.
10 (d) The instruction manual for the product or, in the case
Page 1 of 2 Page 2 of 2
3/24/2025 1:04:42 PM 577-02382-25 3/24/2025 1:04:42 PM 577-02382-25
Florida Senate - 2025 SB 800 Florida Senate - 2025 SB 800
By Senator McClain
9-00581-25 2025800__ 9-00581-25 2025800__
1 A bill to be entitled 30 covered battery that:
2 An act relating to requirements for battery 31 1. For a primary battery, weighs no more than 4.4 pounds.
3 manufacturers; amending s. 403.7192, F.S.; defining 32 2. For a rechargeable battery, weighs no more than 11
4 terms; prohibiting cell manufacturers or marketers 33 pounds and has a rating of no more than 300 watt-hours.
5 from selling consumer or nonconsumer products powered 34 (g) “Primary battery” means a battery that is not capable
6 by medium-format, portable, lithium, or primary 35 of being recharged.
7 batteries; providing an effective date. 36 (4) A cell manufacturer or marketer may shall not sell or
8 37 offer for sale in this state any consumer product or nonconsumer
9 Be It Enacted by the Legislature of the State of Florida: 38 product that is powered by a lithium battery, medium-format
10 39 battery, portable battery, primary battery, or rechargeable
11 Section 1. Present paragraphs (c), (d), (e), and (f) of 40 battery unless:
12 subsection (1) of section 403.7192, Florida Statutes, are 41 (a) In the case of consumer products, the battery can be
13 redesignated as paragraphs (d), (h), (i), and (j), respectively, 42 easily removed by the consumer, or the battery is contained in a
14 new paragraphs (c), (e), (f), and (g) are added to that 43 battery pack that is separate from the product and can be easily
15 subsection, and subsection (4) of that section is amended, to 44 removed from the product.
16 read: 45 (b) In the case of nonconsumer products, the battery can be
17 403.7192 Batteries; requirements for consumer, 46 removed or is contained in a battery pack that is separate from
18 manufacturers, and sellers; penalties.— 47 the product.
19 (1) As used in this section, the term: 48 (c) The product or the battery, or the package in the case
20 (c) “Lithium battery” means a rechargeable battery that 49 of a consumer product, is labeled with a recycling symbol and
21 uses lithium ions as the primary component of its electrode. 50 includes, as an indication of the chemical composition of the
22 (e) “Medium-format battery” means a primary or rechargeable 51 battery, the term “Cd” for nickel-cadmium batteries or “Pb” for
23 covered battery with any of the following properties: 52 small sealed lead batteries.
24 1. For a primary battery, a battery weighing at least 4.4 53 (d) The instruction manual for the product or, in the case
25 pounds but not more than 25 pounds. 54 of a consumer product, the package containing the product states
26 2. For a rechargeable battery, a battery weighing at least 55 that the sealed lead or nickel-cadmium battery must be recycled
27 11 pounds, but not more than 25 pounds, and having a rating of 56 or disposed of properly.
28 at least 300 watt-hours, but not more than 2,000 watt-hours. 57 Section 2. This act shall take effect July 1, 2025.
29 (f) “Portable battery” means a primary or rechargeable
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
Gommittee Agenda Request
To: Senator Thomas Leek, Chair
Committee on Commerce and Tourism
Subject: Committee Agenda Request
Date: March 20,2025
I respectfully request that Senate Bill #800, relating to Requirements for Battery Manufacturers,
be placed on the:
X committee agenda at your earliest possible convenience.
next committee agenda.
56wq
Senator Stan McClarn
Florida Senate, District 9
File signed original with committee office s-020 (03/2004)
t '?,O?t{
Meeting Date
The Florida Senate
APPEARANCE RECORD
Deliver both copies of this form to
th 6oo
Bill Number orTopic
e. LTbJaan Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
Name Ke4nre kq Phone 6so ;bb'4s1d
Address 17c 8,, Ptt c A'ta
Street
Email t^lD( nsu / 6a.^/fu, oL
'TA4t"Wssa tr- 3>to I
City State Zip
Speaking: E6r I Against I lnformation OR waive speaking: ! ln support ! Rgainst
PLEASE CHECK ONE OF THE FOLLOWING:
without u^a registered lobbyist, I am not a lobbyist but received
I am appearing
compensation or sponsorship.
W
' representrng: something of value for my appearance
(travel, meals, lodging, etc.),
sponsored by:
Itl W, nrrt W *<re + {lacy ut ^rq Ass ft, F u CN-* ft-ar<-
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
L) APPEARANCE RECORD
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Senate professional staff conducting the meeting
5
Committee e (if applicable)
Name Phone
Address {w^,,5 l-l w lL e
Street
1U
]tv/ I
fz
/ stht, Zip
Speaki For I Against I lnformation OR waive Speaking: I ln Support I Against
PLEASE CHECK ONE OF THE FOLLOWING:
I am appearing without I am a registered lobbyist, I am not a lobbyist, but received
compensation or sponsorship. representing: something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
This form is part of the public record for this meeting. s-001 (08/10/2021)
The Florida Senate
March 25,2025 APPEARANCE RECORD SB 8OO
Meeting Date Bill Number orTopic
Deliver both copies of this form to
Gommerce and Tourism Senate professional staff conducting the meeting
Committee Amendment Barcode (if applicable)
George Kerchner Phone
202.719.4109
Name
Address Wiley Rein 2050 M Street, NW Ema' gkerchner@wiley.law
Street
Washington DC 20036
City State Zip
Speaking For Against m lnformation OR Waive Speaking: m ln Support Against
PLEASE CHECK ONE OF THE FOLLOWING:
lam appearing without
compensation or sponsorship.
I am a registered lobbyist,
representing:
m I am not a lobbyist, but received
something ofvalue for my appearance
(travel, meals, lodging, etc.),
sponsored by:
PRBA - Tho Rochargeablg Battery Association
This form is part of the public record for this meeting. s-001 (08/1o/202't)
The Florida Senate
3t2512025 APPEARANCE RECORD SB 8OO
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)
Name
Jessica Kraynak Phone
850-222-4082
Address 227 South Adams Street E.u'' jessica@frf.org
Street
Tallahassee Florida 32301
City State Zip
t-l
speaking: ffi ror. fil ngainst lfil tnformation OR waive speakins l-Mlr ln Suooort ll liAoainst
l-;
PLEASE CHECK ONE OF THE FOLLOWING:
m I am appearing without
compensation or sponsorship.
m I am a registered lobbyist,
representing:
ln I am not a lobbyist, but received
something ofvalue for my appearance
(travel, mealt lodging, etc.),
sponsored by:
Florida Retail Federation
This form is part of the public record for this meeting. 5-001 (OB/1O/2O21\
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Secretary Cord $yrrl
Depaltrnwrt oI State
R,A. Gray Buileling, Rcom 31.6
Sffi South Srnncugh Street
Tallahasse€, Florida 3?399-il?50
Dear $ecrctary Syrd:
Ple*se be advised J have malle the fsllowing reapp*intrnent unds the provisicns
of Sectiun 288.9604' Florida Statutes:
Idr. Moehe Fapack
3675 Flarningo ilrive
Miami Eeach, Flrrrida 3$140
as a rnember of ttre Fiarida Developrnent Finance Corpcration, sulrject to confirmation
hy the $enate. Thir appointment is effectlve hnlay 3, ?S24, for a terrn endi.ng h{ay 2' 20?8
Sincerely,
Ron De$antis
Gcverncr
RD/ee
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the Constitutisn and
Gcvemrnent gf fin l-rni{ed Srates and cf the State of }:laric!a; tlrat i am duly to hald offise
urrder of tlrc Stalr, *ntl that I will 'lvcil and fnithfully perfonn the duties of
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STATE.OF FLORIDA
".'. 1"1"'':.".,',., DSPARTMENT OF STATE
Division of Elections
.
'I,'Cord Eyrd, Secretary of State,
do hereby certiff that
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Central Florida m Overslght District $
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'frr a th day of February, A.D.,
'.2A2s e TwentY'Sixth daY of February, A,D,? 2027 and is '
subject to be confirmed by, ltr e ,next regular
sgssl Yl
1 '
'i
Given under ny hand and the Greai Seal oJthe
' ,State of Flarida,, ai Tallahassee,'the Capital, this
. - the Twenty'Sixth day of Februa4t, A.D., 2025.
Secretary ofState
DSDE 99' (3/03)
at an
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GovsnNon
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February 1.4,2025
Secretary Cord Byrd
Department of State
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399 -0250
Dear Secretary Byrd:
Please be advised I have made the following appointment under the provisions
of Chapter 2023-5, Laws of Florida:
Mr. Scott Workman
5440 Ming Drive
Belle Isle, Florida 32812
as a member of the Central Florida Tourism Oversight District, filling a vacant seat
previously occupied by Craig Mateer, subject to confirmation by the Senate. This
appointment is effective February 1.4,2025, for a term ending February 26,2027.
Sincerely
Ron DeSantis
Governor
RD/js
THE CAPITOL
TArLAnAssee, FLonror 32399 . (850) 717-9249
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STATE OF FLORIDA ,.:r,1. ;iJi'':i
/.{l.i 'l, .,L.r_LII
County of l*ve
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
Government of the United States and of the State of Florida; that I am duly qualified to hold office
under the Constitution of the State, and that I will well and faithfully perform the duties of
(;ilmn fi,,oam 1ftlft'lsrn 0[tr,{tbHt otgr;W
(Full Name of Office - Abbreviations Not Accepted)
on which I am now about to enter, so help me God.
[NOTE: If you affirm, you may omit the help me God." See $ 92.52, Fla. Stat.l
Signature
(AffLr Seal Below) Sworn to and subscribed before me by means of _ tz- physical presence
Or online notarization thiffday Qbruatu 20&5.
CLAUDINE BLONDE
Notary Public-Sttto ol
Gommission t HH 192163
(lroa;* {lanas
My' Commission ExPires Signature of Officer Administering Oath or of Notary Public
October 28,2026
Print, Type, or Stamp Commissioned Name of Notary Public
Personally tcnornf, or Produced Identffication I
Type of ldentffication Produced
AccnPTANCE
I accept the office listed in the above Oath of Office.
Mailing Address: Home I Office I
Sqqo fiftc Dql' SoOfr $oatUnvr.;t
Street or Post Office Box Print Name
Bou lsu (r., TxlL
City, State, Zip Code Signature
DS-DE 56 (Rev.09/23)
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STATE OF A
DGPARTMENTOF STATE
Division of Elections
. ,' , 'I, Cord Byrd, Secretary of State,
do hereby certiflz that
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Commission', '
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for a term=beginning on the Twenty-Eighth day of February,
A.D., 2Ai25', until the Thirtieth day of June, A.D", 2028 and is
subj ect to be confirmed by g the next regular
sesslon-o Y.
Given under my. hand and the Gteat Seal of-the
'Stcte
of Florida, at Talkthassee,'the Capital, this
the Fifth da"v of March, A.D., 2025'
Secretary of State
DSIIE ee (3i03)
at aer
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GovnnNon
2[?5lii'] -ts Fl{ ?: 18
February 28,2025
Secretary Cord Byrd
Department of State
R.A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399 -0250
Dear Secretary Byrd:
Please be advised I have made the following reappointment under the provisions
of Section 443.012, Florida Statutes:
Ms. Geri Atkinson-Hazelton
1300 North Paul Russell Road
Tallahassee, Florida 32301'
as a member of the Reemployment Assistance Appeals Commission, subject to
confirmation by the Senate. This appointment is effective February 28,2025, for a term
ending June 30, 2028.
Sincerely,
Ron DeSantis
Governot
RD/js
THE CAPITOL
TrLLrnassre, FLonror 32399 . (8501 717-9249
FiAlti] L]tri"t\ff;ffifi]
Oern oF Orrrcn ?ilis i', , -:3 Fii fi: Sil
(Art.IL $ 5(b), Fla. Const.)
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STATE OF FLORIDA
County o1 Leon
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
to hold office
qualified
Government of the uniied States and of the State-of Floiida; that I am duly
the duties of
under the Constitution of the State, and that I will well and faithfully perform
Commissioner, Florida Reem Assistance ApPe als Commission
(FullName of Office - Abbreviations Not Accepted)
on which I am now about to enter, so help me God
'o Sge g 92.52, Fla. Stat.l
at
so help me
[NOTE: If you affirm, You may omit the words
presence
(AffLr Seal Below) Sworn to and subscribed before me by means of
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Or online thts 5 day Ma,c ,20 2-5.
Adm inistering Oath or of Notary Public
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MYCottiflsstoil #HHn0?27
EXPIRES: Seplombc 21, mn ly Knownd or Produced ldentification l
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ACCEPTANCE
I accept the office listed in the above Oath of Office.
Mailing Address: Home I Office !
I ?nn Parrl Rrre.c.e Pnar{ Geri Atkinson-Hazelton
Street or Post Offrce Box Print Name
Tallahassee,Florida 32301
City, State, Zip Code re
DS-DE 56 (Rev. 09/23)
File and source
- File
- 2025-03-25_post-meeting-packet_7855.pdf
- Size
- 31,922,380 bytes
- SHA-256
- 26cedd6c122b974ac7d880c7858eb87ff388dfa39f0d618927d148d4f2ac7c59
- Original
- www.flsenate.gov