Regulatory Reform & Economic Development Subcommittee, Meeting Packet (February 6, 2024)
Summary
The meeting packet for the February 6, 2024 meeting of the Regulatory Reform & Economic Development Subcommittee of the Florida House of Representatives Commerce Committee, chaired by Tyler Sirois. The agenda lists bills for consideration, including HB 141 on regional rural development grants, HB 207 on social media protection for minors and HB 1049 on flood disclosure in real property sales. It also lists a proposed committee substitute for HB 1099 on food delivery platforms and a panel on construction mining activities. The packet includes House staff analyses of the bills.
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
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Regulatory Reform & Economic
Development Subcommittee
Tuesday, February 6, 2024
8:00 AM - 11:00 AM
Webster Hall (212 Knott)
Meeting Packet
Paul Renner Tyler Sirois
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform & Economic Development Subcommittee
Paul Renner Tyler Sirois
Speaker Chair
Meeting Agenda
Tuesday, February 6, 2024
8:00 am – 11:00 am
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
Consideration of the following bill(s):
• HB 141 Regional Rural Development Grants Program by Abbott
• HB 207 Social Media Protection for Minors by Rayner
• HB 497 Continuing Education Requirements by Melo
• HB 785 Limited Barbering by Valdés
• HB 1049 Flood Disclosure in the Sale of Real Property by Hunschofsky
• HB 1081 Tourist Development by Porras
• HB 1123 Unlawful Sale Of Alcoholic Beverages by Bankson, Yarkosky
• HB 1185 Thermal Efficiency Standards for Unvented Attic and Unvented Enclosed
Rafter Assemblies by
• Griffitts
• HB 1189 Corporate Actions by Abbott
• HB 1217 Florida Homeowners' Construction Recovery Fund by Daniels
• HB 1289 Verification of Reemployment Assistance Benefit Eligibility by Abbott
• HB 1311 Office of the Blue Economy by LaMarca, Skidmore
• HB 1541 Transparency In Social Media by Fine
Consideration of the following proposed committee substitute(s):
• PCS for HB 1099 -- Food Delivery Platforms
Panel Discussion and Presentations on Construction Mining Activities
IV. Closing Remarks
V. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 141
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 141 Regional Rural Development Grants Program
SPONSOR(S): Abbott
TIED BILLS: IDEN./SIM. BILLS: CS/SB 196
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Phelps Anstead
Subcommittee
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Under Florida law, a “rural community,” as the term relates to counties, means a county with a population of
75,000 or fewer, or a county with a population of 125,000 or fewer which is contiguous to a county with a
population of 75,000 or fewer. The Florida Department of Commerce (DOC) Regional Rural Development
Grant Program encourages rural communities to leverage limited resources to develop and implement
strategies to help attract new businesses.
The bill specifies that funding under the Regional Rural Development Grants Program are not matching grants
and eliminates several requirements:
• Removes the requirements for grant funds received by a regional development organization to be
matched each year by nonstate resources in an amount equal to 25 percent of the state
contributions;
• Removes the requirement for local governments and private businesses to make financial or in-kind
commitments to the regional organization; and
• Removes the requirement that the DOC consider the demonstrated need of the applicant for
assistance when approving participants for the program.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Regional Rural Development Grants Program
The Regional Rural Development Grants Program was established to provide funding, through
matching grants, to build the professional capacity of regionally based economic development
organizations located in rural communities. The concept of building the “professional capacity” of an
economic development organization includes hiring professional staff to develop, deliver, and provide
economic development professional services. Professional services include technical assistance,
education and leadership development, marketing, and project recruitment. 1
Applications submitted to the Department of Commerce (DOC) for funding through this program must
provide proof: 2
• Of official commitments of support from each of the units of local government represented by
the regional organization;
• That each local government has made a financial or in-kind commitments to the regional
organization;
• That the private sector has made financial or in-kind commitment to the regional organization;
• That the regional organization is in existence and actively involved in economic development
activities serving the region; and
• Of the manner in which the organization coordinates its efforts with those other local and state
organizations.
An organization may receive up to $50,000 a year or $250,000 if located in a rural area of opportunity
(RAO). 3 Grants must be matched by an amount of non-state resources equal to 25 percent of the state
contribution. The DOC is authorized to spend up to $750,000 each fiscal year from funds appropriated
to the Rural Community Development Revolving Loan Fund to carry out this program. 4
Rural Areas of Opportunity
A (RAO) is a rural community, 5 or region comprised of rural communities, designated by the Governor,
that has been adversely affected by an extraordinary economic event, severe or chronic distress, or a
natural disaster. 6 An area may also be designated as a RAO if it presents a unique economic
development opportunity of regional impact. The designation of a RAO must be agreed upon by the
Department of Commerce (DOC), as well as the county and municipal governments to be included in
the RAO. 7
Based on recommendations of the Rural Economic Development Initiative (REDI), 8 the Governor may
designate up to three RAOs by executive order. 9 This designation establishes these areas as priority
1 S. 288.018(1)(b), F.S.
2 S. 288.018(2), F.S.
3 S. 288.018(1)(c), F.S.
4 S. 288.018(4), F.S.
5 Section 288.0656(2)(e), F.S., defines a “rural community” as any county with a population of 75,000 or fewer, any county with a
population of 125,000 or fewer that is contiguous to a county with a population of 75,000 or fewer, a municipality in a county that meets
either of the aforementioned criteria, or an unincorporated federal enterprise community or an incorporated rural city with a population
of 25,000 or fewer and an employment base focused on traditional agricultural or resource-based industries, located in a county not
defined as rural, which has at least three or more of the economic distress factors.
6 S. 288.0656(2)(d), F.S.
7 S. 288.0656(7)(b), F.S.
8 S. 288.0656(1), F.S. REDI was established by the Legislature to encourage and facilitate the location and expansion of major
economic development projects of significant scale in rural communities.
9 S. 288.0656(7)(a), F.S.
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assignments for REDI and allows the Governor, acting through REDI, to waive criteria, requirements, or
similar provisions of any economic development initiative.
Currently, there are three designated RAO areas:
• Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and
Washington counties, and portions of Walton County (the City of Freeport and lands north of the
Choctawhatchee Bay and intercoastal waterway).
• South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties,
and the cities of Pahokee, Belle Glade, and South Bay in Palm Beach County and the city of
Immokalee in Collier County.
• North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette,
Levy, Madison, Putnam, Suwannee, Taylor, and Union counties. 10
Effect of the Bill
The bill specifies that funding under the Regional Rural Development Grants Program are not matching
grants and eliminates several requirements:
• Removes the requirements for grant funds received by a regional development organization to
be matched each year by nonstate resources in an amount equal to 25 percent of the state
contributions;
• Removes the requirement for local governments and private businesses to make financial or
in-kind commitments to the regional organization; and
• Removes the requirement that the DOC consider the demonstrated need of the applicant for
assistance when approving participants for the program.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 288.018, F.S., relating to the Regional Rural Development Grants Program.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
10 Department of Commerce, Rural Areas of Opportunity, https://floridajobs.org/community-planning-and-development/rural-community-
programs/rural-areas-of-opportunity (last visited Feb. 2, 2023). The economic development organizations for these RAOs are named
Opportunity Florida, Florida’s Heartland Regional Economic Development Initiative, and the North Florida Economic Development
Partnership, respectively.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 141 2024
1 A bill to be entitled
2 An act relating to the Regional Rural Development
3 Grants Program; amending s. 288.018, F.S.; removing
4 the requirement that certain grants received by a
5 regional economic development organization must be
6 matched in a certain manner; removing a provision
7 requiring a certain consideration; removing certain
8 demonstration requirements of program applicants;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraphs (b), (c), and (d) of subsection (1)
14 and subsection (2) of section 288.018, Florida Statutes, are
15 amended to read:
16 288.018 Regional Rural Development Grants Program. —
17 (1)
18 (b) The department shall establish a matching grant
19 program to provide funding to regional economic development
20 organizations for the purpose of building the professional
21 capacity of those organizations. Building the professional
22 capacity of a regional economic development organization
23 includes hiring professional staff to develop, deliver, and
24 provide needed economic development professional services,
25 including technical assistance, education and leadership
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hb0141-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 141 2024
26 development, marketing, and project recruitment. Matching Grants
27 may also be used by a regional economic development organization
28 to provide technical assistance to local governments, local
29 economic development organizations, and existing and prospective
30 businesses.
31 (c) A regional economic development organization may apply
32 annually to the department for a matching grant. The department
33 is authorized to approve, on an annual basis, grants to such
34 regional economic development organizations. The maximum amount
35 an organization may receive in any year will be $50,000, or
36 $250,000 for any three regional economic development
37 organizations that serve an entire region of a rural area of
38 opportunity designated pursuant to s. 288.0656(7) if they are
39 recognized by the department as serving such a region.
40 (d) Grant funds received by a regional economic
41 development organization must be matched each year by nonstate
42 resources in an amount equal to 25 percent of the state
43 contribution.
44 (2) In approving the participants, the department shall
45 consider the demonstrated need of the applicant for assistance
46 and require the following:
47 (a) Documentation of official commitments of support from
48 each of the units of local government represented by the
49 regional organization.
50 (b) Demonstration that each unit of local government has
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HB 141 2024
51 made a financial or in-kind commitment to the regional
52 organization.
53 (c) Demonstration that the private sector has made
54 financial or in-kind commitments to the regional organization.
55 (b)(d) Demonstration that the organization is in existence
56 and actively involved in economic development activities serving
57 the region.
58 (c)(e) Demonstration of the manner in which the
59 organization is or will coordinate its efforts with those of
60 other local and state organizations.
61 Section 2. This act shall take effect July 1, 2024.
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CODING: Words stricken are deletions; words underlined are additions.
hb0141-00
HB 207
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 207 Social Media Protection for Minors
SPONSOR(S): Rayner
TIED BILLS: IDEN./SIM. BILLS: SB 1430
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Phelps Hamon
Subcommittee
2) Commerce Committee
SUMMARY ANALYSIS
Social media platforms are a computer-based technology that facilitate the sharing of ideas, thoughts, and
information through virtual communities to allow electronic communication of content. Social media use by children
can have positive and negative influences, and providing them with information and external controls can help
prevent harmful effects.
The bill defines “social media platform” as a digital platform operating in the state mainly accessed by children under
the age of 18 that offers forms of electronic communication through which users are permitted to create online
communities to share information, ideas, personal messages, and other content.
Beginning January 1, 2025, the bill requires social media platforms to:
• Disclose policies, using clear language suited to children, related to:
o Content moderation;
o Addictive design or deceptive pattern features, including autoplay or infinite scroll;
o Manipulated photographs or digital images;
o Consideration of best interests of minors when designing, developing, and providing services;
o Protections against harmful behaviors, such as bullying and threats of violence; and
o Collection or sale of personal information of children, including biometrics and geolocation data.
• Provide clear access to the following:
o Resources for law enforcement, suicide prevention, and domestic violence prevention services;
o Protective measures such as screen time limitations and other parental settings; and
o Reporting mechanisms related to harmful behaviors, such as bullying and threats of violence.
• Require children to read and accept a disclaimer on the potential harms of using social media at log in.
The bill requires the above operating requirements to be on the social media platform’s Internet homepage, platform
user login page, or in a clearly labeled, conspicuous, and readily accessible link contained on such page.
The bill allows social media platforms to post a statement on their website confirming that it has complied with the
operating requirements. If a social media platform does not have such a statement on their website, then all K-12
schools operating in the state that accept state funding may not use or have an account on such platform.
The bill prohibits a public K-12 school from requiring students to participate in social media platforms related to
school-sponsored educational activities. Schools may still require student use of portal, email, and message board
accounts used for official business with the school, and allow classroom information, materials, or resources to be
viewed in a classroom on one screen controlled by instructional or administrative personnel of the school.
The bill will have no fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Social Media Platforms
Generally, a social media platform is a computer-based technology that facilitates the sharing of ideas,
thoughts, and information through virtual networks and communities. Social media is Internet-based
and gives users quick electronic communication of content, such as personal information, videos, and
photos. Users engage with social media via a computer, tablet, or smartphone via web-based software
or applications. 1
Effects of Social Media on Children
Social media has become an important aspect of a minor’s digital interactions, as they use it for
entertainment and communication purposes. 2 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. 3 Some potential safety risks of social media use include: 4
• Exposure to harmful or inappropriate content.
• Exposure to dangerous people.
• Cyberbullying.
• Oversharing personal information.
• Exposure to excessive advertisements.
• Privacy concerns, including the collection of data about minors.
• Identity theft or being hacked.
• Interference with sleep, exercise, homework, or family activities.
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. 5 He has 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. In early adolescence, kids are still “developing their identity, their sense of
self.” 6
Other experts agree. For example, psychologist David Greenfield said the platforms lure users with
powerful tactics. One is “intermittent reinforcement,” which creates the idea that a user could get a
reward at any time, but when the reward comes is unpredictable. Adults are susceptible, but 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. 7
1 Maya Dollarhide, Social Media: Definition, Effects, and List of Top Apps, Investopedia.com (Aug. 31, 2023),
https://www.investopedia.com/terms/s/social-media.asp (last visited Jan. 31, 2024).
2 Andrea Irmer & Florian Schmiedek, Associations between youth’s daily social media use and well-being are mediated by upward
comparisons, Communications Psychology (Aug. 22, 2023), https://www.nature.com/articles/s44271-023-00013-0#citeas (last visited
Jan. 31, 2024).
3 Dollarhide, supra note 1.
4 Loyola Medicine, Social Media Safety for Kids and Teens, https://www.loyolamedicine.org/about-us/blog/social-media-safety-kids-
teens (last visited Jan. 31, 2024)
5 "Social Media and Youth Mental Health," The U.S. Surgeon General's Advisory, May 2023, available at
https://www.hhs.gov/sites/default/files/sg-youth-mental-health-social-media-advisory.pdf?ref=broadband-breakfast.ghost.io.
6 Lauraine Langreo, Surgeon General: Kids Under 14 Should Not Use Social Media, EducationWeek (Feb. 2, 2023),
https://www.edweek.org/leadership/surgeon-general-kids-under-14-should-not-use-social-media/2023/02 (last visited Jan. 31, 2024).
7 Matt Richtel, Is Social Media Addictive? Here’s What the Science Says, New York Times (Oct. 25, 2023),
https://www.nytimes.com/2023/10/25/health/social-media-addiction.html (last visited Jan. 31, 2024).
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Numerous studies and reports have demonstrated the dangers of social media use by children and
teens. For example:
• One study conducted by social media and psychology scholars found a link between social
media use and poor mental health, especially among girls. The study demonstrated that girls
experience a consistent and substantial association between mental health and social media,
and such associations were stronger than links between mental health and binge drinking,
sexual assault, obesity, and hard drug use. 8
o Dr. Jean Twenge, a generational trends scholar, saw the beginning of a mental health
crisis starting in 2012 when reviewing mental health metrics that showed rates of
depression, anxiety and loneliness were rising, which she points out coincides with the
fast rise in use of smartphones in 2012 and all the social media that comes along with
them. 9
• Another study found that social media use causes children to be more sensitive to anticipating
social risks. While children generally become more attuned to social interactions as they enter
adolescence, those who are frequent, early social media users become particularly sensitive to
anticipating social risks and rewards from their peers. 10
o The researchers found that “habitual” social media users, or those who checked their
social feeds 15 times a day or more, responded quicker and more intensely to perceived
good or bad emotions from peers, compared to students who checked once a day or
less. 11
• A study on the effects of social media use on mental health during adolescent development
indicates that there are two windows of time when children are most sensitive to detrimental
effects of social media, and when higher estimated social media use predicts a decrease in life
satisfaction ratings a year later. For girls, the windows occur at ages 11 through 13, and 19; and
for boys, the windows occur at ages 14 through 15, and 19. 12
Social media also provides benefits to teens because it allows them to create online identities,
communicate with others, and build social networks, which can provide teens with valuable support,
especially helping those who experience exclusion. Social media can expose teens to current events,
allow them to interact across geographic barriers, and teach them about a variety of subjects, including
healthy behaviors. Also, social media that is humorous or provides a meaningful connection to peers
may help teens avoid depression. 13
According to a study conducted by the Pew Research Center, teens credit social media for helping to
build stronger friendships and exposing them to a more diverse world, but they express concern that
these sites lead to drama and social pressure. 14
Safety Measures and Parental Controls
8 Haidt, J., Rausch, Z., & Twenge, J., Social Media and Mental Health: A Collaborative Review, New York University,
https://jonathanhaidt.com/reviews/ (last visited Jan. 31, 2024).
9 Michaeleen Doucleff, The truth about teens, social media and the mental health crisis, NPR Health Shots (Apr. 25, 2023),
https://www.npr.org/sections/health-shots/2023/04/25/1171773181/social-media-teens-mental-health (last visited Jan. 31, 2024).
10 Sarah D. Sparks, Preteens’’ Social Media Habits Could Be Changing Their Brains, Education Week (Jan. 6, 2023),
https://www.edweek.org/leadership/preteens-social-media-habits-could-be-changing-their-brains/2023/01 (last visited Jan. 31, 2024);
Maria T. Maza et. al., Association of Habitual Checking Behaviors on Social Media With Longitudinal Functional Brain Development,
JAMA Pediatrics (Jan. 3, 2023), https://jamanetwork.com/journals/jamapediatrics/article-abstract/2799812 (last visited Jan. 31, 2024).
11 Id.
12 Kirsten Weir, Social media brings benefits and risks to teens. Here’s how psychology can help identify a path forward, American
Psychological Association (Sep. 1, 2023), https://www.apa.org/monitor/2023/09/protecting-teens-on-social-
media#:~:text=During%20those%20windows%E2%80%94around%2011,1649%2C%202022) (last visited Jan. 31, 2023).
13 Mayo Clinic Staff, Teens and social media use: What’s the impact?, Mayo Foundation for Medical Education and Research,
https://www.mayoclinic.org/healthy-lifestyle/tween-and-teen-health/in-depth/teens-and-social-media-use/art-20474437 (last visited Jan.
31, 2024).
14 Monica Anderson et. al., Connection, Creativity and Drama, Teen Life on Social Media in 2022, Pew Research Center (Nov. 16,
2022), https://www.pewresearch.org/internet/2022/11/16/connection-creativity-and-drama-teen-life-on-social-media-in-2022/ (last visited
Jan. 31, 2024).
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Providing children with information on ways to more safely use social media may decrease the harm
they experience. Having conversations about the benefits and risks of social media may help promote
positive social media usage. 15
Also, parental controls can help protect children from inappropriate content, cyberbullying, and other
online safety issues. Generally, parental controls are a group of settings that put a parent in control of
what content a child can see. 16 Many websites, games, software, devices, and user interfaces offer the
optional use of parental controls. Examples of parental controls include blocking websites, filtering
content, imposing limits on screen time, allowing parents to monitor online activity, location tracking,
and disabling Wi-Fi. 17
Laws Protecting Children Online
Children’s Online Privacy Protection Act (COPPA)
The Children’s Online Privacy Protection Act (COPPA) 18 and its related rules, is a federal law that
regulates 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. 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 requires covered entities to: 21
• Give parents direct notice of their privacy policies, including a description of their data collection
and sharing practices;
• Post a clear link to their privacy policies on their home page and at each area of their website
where they collect personal information from children;
• Institute procedures to protect the personal information that they hold;
• Ensure that any third party with which they share collected personal information implements the
same protection procedures; and
• Delete children’s personal information after the purpose for its retention has been fulfilled.
Violations of COPPA are deemed an unfair or deceptive act or practice and may therefore be
prosecuted by the FTC. COPPA also authorizes state attorneys general to enforce violations that affect
residents of their states. There is no criminal prosecution or private right of action provided for under
COPPA. 22
California Age-Appropriate Design Code Act
In 2022, California adopted the California Age-Appropriate Design Code Act (CAADCA), 23 legislation
modelled on the United Kingdom’s Age Appropriate Design Code, 24 which requires online platforms to
15 Dan Brennan M.D., How to Talk to Your Kids About Social Media, WebMD.com (Apr. 9, 2023),
https://www.webmd.com/parenting/how-to-talk-to-kids-about-social-media (last visited Jan. 31, 2024).
16 Internetmatters.org, Parental Controls, https://www.internetmatters.org/parental-controls/ (last visited Jan. 31, 2024).
17 Caroline Knorr, Parents’ Ultimate Guide to Parental Controls, Common Sense Media (Mar. 9, 2021),
https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls (last visited Jan. 31, 2024).
18 16 C.F.R. pt. 312.
19 See 15 U.S.C. § 6502.
20 15 U.S.C. § 6502(a)-(b).
21 See Federal Trade Commission, Complying with COPPA: Frequently Asked Questions, https://www.ftc.gov/tips-advice/business-
center/guidance/complying-coppa-frequently-asked-questions-0 (last visited Jan. 31, 2024).
22 Id.
23 Cal. Civil Code § 1798.99.28-.35
24 5Rights Foundation, California follows UK lead as child data protection law is passed, https://5rightsfoundation.com/in-
action/california-follows-uk-lead-as-child-data-protection-law-is-passed.html (last visited Mar. 22, 2023).
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adhere to strict default privacy and safety settings that protect the best interest of children. 25 CAADCA
covers children under 18 years of age. 26
CAADCA requires certain businesses that provide an online service, product, or feature that is likely to
be accessed by children to comply with several new requirements and restrictions, including: 27
• Prohibitions on using any personal information that it knows or should know is materially
detrimental to a child’s physical or mental health and/or wellbeing; and
• Prohibitions on obscuring user interface features to deliberately defeat consent or manipulate
children into providing unnecessary personal information, otherwise called “dark patterns.”
Such businesses must complete a Data Protection Impact Assessment for any new feature they wish to
offer to the public if it is likely to be accessed by children, which will determine if any dark patterns are
employed, if there is an asymmetrical reward, or if targeted advertisements are deployed in a way that
could harm or exploit children. 28
On September 18, 2023, a federal district court enjoined the CAADCA despite the fact that California
has a substantial interest in protecting children because the CAADCA did not appropriately address
that interest. 29
Required Instruction in Florida Schools
Under Florida’s Constitution, unless otherwise voted upon by electors, each county constitutes a school
district. 30 In Florida, there are 67 school districts to match the 67 counties in the state. 31 The Florida
Constitution further states that each school district must have a school board composed of five or more
members. 32 The school boards operate, control, and supervise all free public schools within the school
district and determine the rate of school district taxes within constitutional limits. 33 The powers and
duties of the district school board are further set forth in law. 34
The law requires each district school board to provide all courses required for middle grades promotion,
high school graduation, and appropriate instruction designed to ensure that students meet State Board
of Education adopted standards 35 in the following subject areas:
• reading and other language arts;
• mathematics;
• science;
• social studies;
• foreign languages;
• health and physical education; and
• the arts. 36
25 Office of Governor Gavin Newsome, Governor Newsom Signs First-in-Nation Bill Protecting Children’s Online Data and Privacy,
https://www.gov.ca.gov/2022/09/15/governor-newsom-signs-first-in-nation-bill-protecting-childrens-online-data-and-privacy/ (last visited
Mar. 22, 2023).
26 Cal. Civil Code § 1798.99.28-.35
27 Alexander Misakian, California Enacts the California Age-Appropriate Design Code Act, Foley Blogs (Sep. 20, 2022),
https://www.foley.com/insights/publications/2022/09/california-enacts-age-appropriate-design-code-act/ (last visited Feb. 1, 2024).
28 Id.
29 See NetChoice, LLC v. Bonta, No. 22-CV-0881-BLF, 2023 WL 6135551, at *11-20 (N.D. Cal. Sept. 18, 2023).
30 Art. IX, s. 4(a), Fla. Const.; s. 1001.30, F.S. Two or more contiguous counties, upon vote of the electors of each county pursuant to
law, may be combined into one school district.
31 Florida Department of Education, Public Schools/Districts, https://web03.fldoe.org/Schools/schoolmap_text.asp (last visited Jan. 31,
2024). The Florida School for the Deaf and Blind, the Florida Virtual School, and the university laboratory schools are considered
independent school districts but their governing boards are not elected.
32 Art. IX, s. 4(a), Fla. Const.
33 Art. IX, s. 4(b), Fla. Const.
34 Ss. 1001.41–1001.42, F.S.
35 In 2020, the State Board of Education adopted new standards for English language arts and mathematics, called the Benchmarks for
Excellent Student Thinking (B.E.S.T.) Standards. The English language arts standards implementation began with the 2021-2022
school year and implementation of the math standards began in the 2022-2023 school year. Rule 6A-1.09401, F.A.C.
36 S. 1003.42(1)(a), F.S.
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In addition, the law identifies specific topics a teacher must teach. 37 One such topic is comprehensive
age-appropriate and developmentally appropriate K-12 instruction on health education that addresses
concepts of community health, consumer health, environmental health, and family life, including:
• injury prevention and safety;
• Internet safety;
• nutrition;
• personal health;
• prevention and control of disease;
• substance use and abuse; and
• prevention of child sexual abuse, exploitation, and human trafficking. 38
Teachers must teach the topics specified in law efficiently and faithfully, using books and materials
meeting the highest standards for professionalism and historical accuracy, following the prescribed
courses of study, and employing approved methods of instruction. 39 Unless otherwise specified, the law
generally does not prescribe grade level, instructional hours, or instructional materials requirements for
these topics.
While not required, an elective course on social media 40 is available in CPALMS. 41 A school may offer
this social media course to enable students in grades 9 through 12 to develop fundamental skills in the
use of social media across print, multimedia, web, and broadcast platforms, including ethical and legal
uses. The content of the elective course should include, but not be limited to, the following: 42
• Demonstrating entry-level skills in digital communication and packaging them across the
platforms/mediums of print, multimedia, online, and broadcast;
• Demonstrating fundamental skills in social media platforms and their uses; expressing social
connections with maturity and complexity appropriate to writer, audience, purpose, and context;
• Using fundamental research skills and networking formats;
• Collaborating amongst peers; and
• Using effective listening, speaking, and viewing strategies with an emphasis on the use of
evidence to support or refute a claim in multimedia presentations, class discussions, and
extended text discussions.
Effect of the Bill
The bill defines “social media platform” or “platform” to mean a digital platform operating in the state
predominantly accessed by platform users who are under the age of 18 that offers forms of electronic
communication through which such platform users are permitted to create online communities to share
information, ideas, personal messages, and other content.
Beginning January 1, 2025, the bill requires social media platforms to:
• Disclose the following social media platform policies, in a manner that is clearly, concisely,
prominently, and understandably written, using clear language suited to the age of users likely
to routinely access the platform without unrelated, confusing, or contradictory materials:
o The content moderation policies used by the social media platform for content on the
platform.
o Whether the social media platform uses or allows the use of addictive design or
deceptive pattern features including autoplay or infinite scroll.
o Whether the social media platform allows manipulated photographs or digital images to
be shared on the platform.
37 S. 1003.42(2)(a)-(t), F.S.
38 S. 1003.42(2)(n)1.a.-g., F.S.
39 S. 1003.42(2), F.S.
40 CPALMS, Course, Social Media 1 (#1006375), https://www.cpalms.org/PreviewCourse/Preview/17758, (last visited Jan. 31, 2024).
41 CPALMS is the State of Florida’s official source for standards information and course descriptions. It provides access to thousands of
standards-aligned, free, and high-quality instructional/educational resources that have been developed specifically for the standards
and vetted through a rigorous review process. CPALMS, About CPALMS, http://www.cpalms.org/CPALMS/about_us.aspx, (last visited
Jan. 31, 2024).
42 CPALMS, supra note 40.
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o Whether the social media platform considers the best interests of minors when
designing, developing, and providing services.
o The methodology the social media platform uses to consider the best interests of minors
when designing, developing, and providing services.
o The policies and protections used by the social media platform to protect against harmful
behaviors, such as bullying, harassment, and threats of violence or self-harm.
o Whether the platform collects or sells personal information of platform users who are
under the age of 18, including personal identifiers, biometrics, and geolocation data. If
such personal information is collected, the platform must disclose the type of personal
information is collected and the purpose for such, and if such personal information is
sold, the platform must disclose to whom the information is sold.
• Provide clear access to the following:
o Zip code-based references to local resources for law enforcement, suicide prevention,
and domestic violence prevention services.
o Protective measures such as screen time limitations, data usage limitations, content
filters, and other parental settings.
o Reporting mechanisms related to harmful behaviors, such as bullying, harassment, and
threats of violence or self-harm
The bill requires the above operating requirements to be on the social media platform’s Internet
homepage or platform user login page or through a clearly labeled, conspicuous, and readily accessible
link contained on such page.
The bill requires, at the time of log in, and before obtaining access to the platform, a social media
platform to require platform users who are under the age of 18 to read and accept a disclaimer which
must be in substantially the following form:
This application may be harmful to your mental health and may use
design features that have addictive qualities or present unverified
information, or that may be manipulated by [insert platform name] or
others for your viewing. This application may also collect your personal
data to further manipulate your viewable content and may share your
personal data with others.
The bill prohibits a public K-12 school from:
• Using or having an account on a social media platform that does not have a compliance
statement on its Internet homepage or platform user login page.
• Requiring students, regardless of age, to register, enroll, or participate in a social media
platform as a means to access information, materials, or resources related to school-sponsored
educational activities.
Schools may still require student use of portal, email, and message board accounts used for official
business with the school, and classroom information, materials, or resources viewed in a classroom on
one screen controlled by instructional or administrative personnel of the school.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 501.174, F.S.; providing a definition; requiring social media platforms to
disclose specified policies and provide specified resources, measures, and disclaimers;
authorizing social media platforms to post specified compliance statements on their
Internet homepage or platform user login page; prohibiting certain schools from using or
having an account on certain social media platforms and from requiring students to
register, enroll, or participate in social media platforms for educational purposes;
providing applicability.
Section 2: Provides an effective date.
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II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will require social media platforms to expend resources to develop standards and mechanisms
to comply with the bill.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
State Authority to Regulate to Protect Minors
Commercial speech is expressions related solely to the economic interests of the speaker and its
audience. 43 The Constitution accords a lesser protection to commercial speech than to other
constitutionally guaranteed expression, 44 and permit governments to require warnings or disclaimers
in order to dissipate the possibility of consumer confusion or deception. 45 Under the standard for
commercial speech scrutiny, if a regulation restricts speech that is neither misleading nor related to
unlawful activity, the State must show “at least that the statute directly advances a substantial
government interest and that the measure is drawn to achieve that interest.” 46 The U.S. Supreme
43 Cent. Hudson Gas & Elec. Corp. v. Pub. Serv. Comm’n of New York, 447 U.S. 557, 561 (1980).
44 Id. at 557.
45 Bates v. State Bar of Arizona, 433 U.S. 350, 384 (1977).
46 Sorrell v. IMS Health Inc., 564 U.S. 552, 572 (2011).
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Court has determined that the state has a "compelling interest in protecting the physical and
psychological well-being of minors." 47 In doing so, however, a restriction must “directly advance the
state interest involved” and cannot be “more extensive than is necessary to serve that interest.” 48 A
restriction “directly and materially advances” the government’s interests if the government can show
“the harms it recites are real and that its restriction will in fact alleviate them to a material degree.” 49
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
47 Sable Commc’s of California, Inc. vs. F.C.C. , 492 U.S. 115, 126 (1989).
48 Cent. Hudson, 447 U.S. at 564-66 (1980).
49 Fla. Bar v. Went For It, Inc., 515 U.S. 618, 626 (1995).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 207 2024
1 A bill to be entitled
2 An act relating to social media protection for minors;
3 creating s. 501.174, F.S.; providing a definition;
4 requiring social media platforms to disclose specified
5 policies and provide specified resources, measures,
6 and disclaimers; authorizing social media platforms to
7 post specified compliance statements on their Internet
8 homepage or platform user login page; prohibiting
9 certain schools from using or having an account on
10 certain social media platforms and from requiring
11 students to register, enroll, or participate in social
12 media platforms for educational purposes; providing
13 applicability; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 501.174, Florida Statutes, is created
18 to read:
19 501.174 Social media protection for minors.-
20 (1) As used in this section, the term "social media
21 platform" or "platform" means a digital platform operating in
22 the state predominantly accessed by platform users who are under
23 the age of 18 that offers forms of electronic communication
24 through which such platform users are permitted to create online
25 communities to share information, ideas, personal messages, and
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26 other content.
27 (2) Beginning January 1, 2025, a social media platform, on
28 its Internet homepage or platform user login page or through a
29 clearly labeled, conspicuous, and readily accessible link on
30 such homepage or login page, must:
31 (a) Disclose the following social media platform policies
32 in a manner that is clearly, concisely, prominently, and
33 understandably written using language suited to the age of users
34 who are under the age of 18 likely to routinely access the
35 platform without unrelated, confusing, or contradictory
36 materials:
37 1. The content moderation policies the social media
38 platform uses for content on the platform.
39 2. Whether the social media platform uses or allows the
40 use of addictive design or deceptive pattern features, including
41 autoplay or infinite scroll.
42 3. Whether the social media platform allows manipulated
43 photographs or digital images to be shared on the platform.
44 4. Whether the social media platform considers the best
45 interests of platform users who are under the age of 18 when
46 designing, developing, and providing services.
47 5. The methodology the social media platform uses to
48 consider the best interests of platform users who are under the
49 age of 18 when designing, developing, and providing services.
50 6. The policies and protections the social media platform
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51 uses to protect platform users who are under the age of 18
52 against harmful behaviors, such as bullying, harassment, and
53 threats of violence or self-harm.
54 7. Whether the social media platform collects or sells
55 personal information of platform users who are under the age of
56 18, including personal identifiers, biometrics, and geolocation
57 data. If such personal information is collected, the platform
58 must disclose the type of personal information collected and the
59 purpose of such collection. If such personal information is
60 sold, the platform must disclose to whom the information is
61 sold.
62 (b) Provide clear access to the following:
63 1. Zip code-based references to local resources for law
64 enforcement, suicide prevention, and domestic violence
65 prevention services.
66 2. Protective measures such as screen time limitations,
67 data usage limitations, content filters, and other parental
68 settings.
69 3. Reporting mechanisms related to harmful behaviors, such
70 as bullying, harassment, and threats of violence or self-harm.
71 (3) At the time of log in, and before obtaining access to
72 the platform, a social media platform must require platform
73 users who are under the age of 18 to read and accept a
74 disclaimer which must be in substantially the following form:
75
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76 This application may be harmful to your mental health
77 and may use design features that have addictive
78 qualities or present unverified information or that
79 may be manipulated by [insert platform name] or others
80 for your viewing. This application may also collect
81 your personal data to further manipulate your viewable
82 content and may share your personal data with others.
83
84 (4) A social media platform that complies with subsections
85 (2) and (3) may post a statement confirming such compliance on
86 its Internet homepage or platform user login page.
87 (5) A public K-12 school may not:
88 (a) Use or have an account on a social media platform that
89 does not have a statement pursuant to subsection (4) on its
90 Internet homepage or platform user login page.
91 (b) Require students, regardless of age, to register,
92 enroll, or participate in a social media platform as a means to
93 access information, materials, or resources related to school -
94 sponsored educational activities. This paragraph does not apply
95 to portal, email, and message board accounts used for official
96 business with the school or to classroom information, materials,
97 or resources viewed in a classroom on one screen controlled by
98 instructional or administrative personnel of the school.
99 Section 2. This act shall take effect July 1, 2024.
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HB 497
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 497 Continuing Education Requirements
SPONSOR(S): Melo and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Herrera Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR), through several divisions, regulates and
licenses various businesses and professions in Florida. Each profession is regulated by an individual practice
act and by ch. 455, F.S., which provide regulatory and licensure authority. Generally, to act as a regulated
professional, a person must hold an appropriate license. Applicants for licensure for each profession must
meet specific statutory requirements, including education and/or experience requirements, and must pay all
applicable licensing and application fees. Licensees who wish to renew their license must pay a license
renewal fee and may be subject to continuing education requirements and other conditions in the various
practice acts.
A board, or the DBPR in the absence of a board, may provide by rule that distance learning may be used to
satisfy continuing education requirements. However, a board or the DBPR must approve distance learning
courses as an alternative to classroom courses to satisfy continuing education requirements for persons
licensed to engage in community association management services, home inspection services, mold-related
services, real estate services (i.e., brokers, sales associates, and schools), and real estate appraisal services.
In addition, for these specified professions, a board or the DBPR may not require centralized examinations for
completion of continuing education requirements.
The bill requires that a board, or DBPR in the absence of a board, allow distance learning as an alternative to
classroom courses for satisfying continuing education requirements. However, the bill clarifies that medical
boards or departments regulated by the Department of Health are excluded from the application of distance
learning for fulfilling continuing education requirements.
Additionally, the bill requires professional boards, or the DBPR if there is no board, to exempt an individual
from completing the continuing education required for renewal of a license for a renewal period if:
• The individual holds an active license issued by the board or the DBPR to practice the profession;
• The individual has continuously held the license for at least 10 years; and
• No disciplinary action is imposed on the individual’s license.
The bill requires that DBPR and each relevant board adopt rules, as outlined in ss. 120.536(1) and 120.54,
F.S., to implement the provisions of this section.
The fiscal impact on state government expenditures and the private sector is indeterminate. There is no fiscal
impact expected on local government or state government revenues.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0497.RRS
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
Professional Licensure
The Department of Business and Professional Regulation (DBPR), through several divisions, regulates
and licenses various businesses and professions in Florida. 1
DBPR has authority over the following professional boards and programs:
• Board of Architecture and Interior Design;
• Board of Auctioneers;
• Barbers’ Board;
• Building Code Administrators and Inspectors Board;
• Construction Industry Licensing Board;
• Board of Cosmetology;
• Electrical Contractors’ Licensing Board;
• Board of Employee Leasing Companies;
• Board of Landscape Architecture;
• Board of Pilot Commissioners;
• Board of Professional Geologists;
• Board of Veterinary Medicine;
• Home inspection services licensing program;
• Mold-related services licensing program;
• Florida Board of Professional Engineers;
• Board of Accountancy;
• Florida Real Estate Commission; and
• Florida Real Estate Appraisal Board. 2
Each profession is regulated by an individual practice act and by ch. 455, F.S., which provide
regulatory and licensure authority. Generally, to act as a regulated professional, a person must hold an
appropriate license. Applicants for licensure for each profession must meet specific statutory
requirements, including education and/or experience requirements, and must pay all applicable
licensing and application fees. 3 Licensees who wish to renew their license must pay a license renewal
fee 4 and may be subject to continuing education requirements 5 and other conditions in the various
practice acts.
Powers and Duties of the DBPR
Ch. 455, F.S., applies to the regulation of professions constituting “any activity, occupation, profession,
or vocation regulated by the [DBPR] in the Divisions of Certified Public Accounting, Professions, Real
Estate, and Regulation.” 6 The chapter also provides the procedural and administrative framework for
those divisions and the professional boards within the DBPR. 7
The term “profession” means any activity, occupation, profession, or vocation regulated by the DBPR in
the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. 8
1 S. 20.165, F.S.
2 S. 20.165(1)-(4), F.S.
3 S. 455.201, F.S.
4 S. 455.203, F.S.
5 S. 455.2123, F.S.
6 Section 455.01(6), F.S.
7 See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of
Legal Affairs, by retaining private counsel, or by staff counsel of the DBPR. See s. 455.221(1), F.S.
8 S. 455.01(6), F.S.
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The DBPR’s regulation of professions is to be undertaken “only for the preservation of the health,
safety, and welfare of the public under the police powers of the state.” 9 Regulation is required when:
• The potential for harming or endangering public health, safety, and welfare is recognizable and
outweighs any anticompetitive impact that may result;
• The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
• Less restrictive means of regulation are not available. 10
However, the DBPR and its boards may not create a regulation that has an unreasonable effect on job
creation or job retention or a regulation that unreasonably restricts the ability of those desiring to
engage in a profession or occupation from finding employment. 11
Ch. 455, F.S., provides the general powers of the DBPR and sets forth the procedural and
administrative framework for all of the professional boards housed under the DBPR as well as the
Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation. 12
When a person is authorized to engage in a profession or occupation in Florida, the DBPR issues a
“permit, registration, certificate, or license” to the licensee. 13 DBPR has the authority to charge license
fees and license renewal fees. 14 Each board within the DBPR must determine by rule the amount of
license fees for each profession, based on estimates of the required revenue to implement the
regulatory laws affecting the profession. 15
However, the general licensing provisions for professions were revised for Fiscal Years 2023-2024 and
2024-2025, 16 to direct the DBPR to waive a portion of certain license fees for the professions regulated
under ch. 455, F.S., as follows:
• 50 percent of the initial licensing fee for those applying for an initial license, up to $200 per year
per license; and
• 50 percent of the license renewal fee for those renewing licenses, up to $200 per year per
license.
The fee waivers may not include any applicable unlicensed activity or background check fees.
Continuing Education Course Requirements
A board, or the DBPR in the absence of a board, may provide by rule that distance learning may be
used to satisfy continuing education requirements. However, a board or the DBPR must approve
distance learning courses as an alternative to classroom courses to satisfy continuing education
requirements for persons licensed to engage in community association management services, 17 home
inspection services, 18 mold-related services, 19 real estate services (i.e., brokers, sales associates, and
schools), 20 and real estate appraisal services. 21 In addition, for these specified professions, a board or
the DBPR may not require centralized examinations for completion of continuing education
requirements.
9 S. 455.201(2), F.S.
10 Id.
11 S. 455.201(4)(b), F.S.
12 See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the Department of
Legal Affairs, by retaining private counsel, or by providing DBPR staff counsel. See s. 455.221(1), F.S.
13 S. 455.01(4) and (5), F.S.
14 S. 455.203 and 455.213, F.S.
15 S. 455.219(1), F.S.
16 See s. 455.213(15), F.S. For Fiscal Year 2023-2024, the sum of $50 million in nonrecurring funds was appropriated from the General
Revenue Fund to the DBPR to implement the fee waiver, with any unexpended funds to be used during Fiscal Year 2024-2025 for the
same purpose. See ch. 2063-68, Laws of Fla.
17 See part VIII of ch. 468, F.S.
18 See part XV of ch. 468, F.S.
19 See part XVI of ch. 468, F.S.
20 See part I of ch. 475, F.S.
21 See part II of ch. 475, F.S.
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However, the following boards have no continuing education requirements 22:
• Board of Auctioneers 23
• Talent Agencies 24
• Athlete Agents 25
• Board of Employee Leasing Companies 26
• Board of Professional Geologists 27
The terms “distance learning” and “distance-learning” are not defined in ch. 455, F.S., or elsewhere in
the Florida Statutes as of the date of this analysis. However, a rule adopted by the Florida Real Estate
Appraisal Board provides the term “distance education” means “education that takes place when the
learner is separated from the source of instruction by time and/or distance.” 28
Renewal and Proration of Continuing Education Courses
A board, or the DBPR in the absence of a board, has the authority to prorate continuing education for
new licensees as follows:
• Half of the required continuing education for an applicant who becomes licensed with more than
half of the renewal period remaining.
• No continuing education requirement for any applicant who becomes licensed with half or less
than half of the renewal period remaining.
Effect of the Bill
The bill requires that a board, or DBPR in the absence of a board, allow distance learning as an
alternative to classroom courses for satisfying continuing education requirements. However, the bill
clarifies that medical boards or departments regulated by the Department of Health are excluded from
the application of distance learning for fulfilling continuing education requirements.
Additionally, the bill requires professional boards, or the DBPR if there is no board, to exempt an
individual from completing the continuing education required for renewal of a license for a renewal
period if:
• The individual holds an active license issued by the board or the DBPR to practice the
profession;
• The individual has continuously held the license for at least 10 years; and
• No disciplinary action is imposed on the individual’s license.
The bill requires that DBPR and each relevant board adopt rules, as outlined in ss. 120.536(1) and
120.54, F.S., to implement the provisions of this section
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
22 DBPR, Agency Analysis of 2024 SB 382, p. 2 (Nov. 21, 2023).
23 Ch. 468, Part VI, F.S.
24 Ch. 468, Part VII, F.S.
25 Ch. 468, Part IX, F.S.
26 Ch. 468, Part XI, F.S.
27 Ch. 492, F.S.
28 In addition, the Florida Real Estate Commission (FREC) has issued its Distance Education Checklist at
http://www.myfloridalicense.com/dbpr/re/documents/frec_distance_ed_chk_list.pdf (last visited Jan. 31, 2024), which lists the
information required to be submitted by education providers seeking to offer FREC educational courses via distance education. The
Checklist provides “[d]istance learning necessitates a high level of self-direction and should, therefore, require students to read, conduct
research, complete timed exams and similar assignments, designed to measure the student’s competency relative to the required
subject matter objectives.” See also other rules referencing similar but undefined terms, such as Fla. Admin. Code R. 64B15-13.001 (a
Board of Osteopathic Medicine rule that provides “CME courses may be obtained in any format, including in a distance learning format,
provided that the format includes an ability to interact with the presenter of the course;” and Fla. Admin. Code R. 61G4-18.001, (a
Construction Industry Licensing Board rule that requires “at least 14 classroom or interactive distance learning hours of continuing
education in one or more courses from a continuing education provider approved by the Board.”).
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Section 1: Amends s. 455.2123, F.S., relating to continuing education.
Section 2: Amends s. 455.2124, F.S., relating to proration of or not requiring continuing education.
Section 3: Providing an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate effect on state government expenditures because DBPR must
assess license holders for disciplinary actions before each profession's renewal cycles to determine
which licensees must fulfill continuing education (CE) requirements for renewal. This assessment
will influence CE renewal notifications, as well as the functioning of the Versa Regulation (VR) and
Versa Online (VO) systems, and renewal processing. However, DBPR believes any potential
effects could be managed within existing resources. 29
Moreover, the fiscal impact on the service operations division remains indeterminate. The CE
exemption for eligible licenses is expected to decrease call volumes to the Customer Contact
Center during peak renewal periods. However, the precise number of potentially exempted
licensees who historically contacted the Customer Contact Center regarding CE reporting to the
department cannot be determined at this time. 30
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The fiscal impact on the private sector is indeterminate. Continuing education providers may
experience a decrease in revenue because of licensees being exempt from continuing education
requirements if certain requirements are met. While, licensees may experience a decrease in
expenditures as a result of being able to complete more continuing education via distance learning, as
well as being exempt from continuing education requirements if certain requirements are met.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
29 DBPR, Agency Analysis of 2024 SB 382, p. 7 (Nov. 21, 2023).
30 Id.
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2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires rulemaking by the DBPR and the affected board, and authorizes emergency
rulemaking by DBPR pending the adoption of permanent rules to implement the exemption from
continuing education requirements granted to eligible licensees.
C. DRAFTING ISSUES OR OTHER COMMENTS:
DBPR recommends that the following professions be excluded from the provisions of the bill, so that
the affected licensees will be kept informed of laws, rules, and industry advancements to protect the
health, safety, and welfare of the public, and the portability of such licensing for use in other
jurisdictions will be maintained 31:
• Certified Public Accountants 32;
• Veterinary Medicine;
• Landscape Architecture;
• Cosmetology and Barbers;
• Building Code Administrators and Inspectors;
• Community Association Managers; and
• Construction Contractors.
Section 2 of the bill would put the State of Florida’s appraisal program out of compliance with federal
standards. If Florida’s appraisal program is out of compliance with federal standards, the appraisers
licensed in Florida may not be able to perform work outside of Florida, and the federal government
could potentially impose fines against the State of Florida. 33
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
31 Id. at 9.
32 DBPR’s General Counsel’s Office indicates that 30 to 40 percent of prosecutions of certified public accountants (CPAs) involve the
failure to meet continuing education requirements, so the elimination of the continuing education requirement for CPAs who have held
active licenses continuously for at least 10 years with no disciplinary action imposed on the license could result in fewer violations and
prosecutions. Id. at 10.
33 Id. at 9.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 497 2024
1 A bill to be entitled
2 An act relating to continuing education requirements;
3 amending s. 455.2123, F.S.; requiring, rather than
4 authorizing, a board, or the Department of Business
5 and Professional Regulation when there is no board, to
6 provide by rule that distance learning may be used to
7 satisfy continuing education requirements; revising
8 the requirements that such continuing education must
9 satisfy; providing applicability; amending s.
10 455.2124, F.S.; requiring a board, or the department
11 when there is no board, to exempt certain individuals
12 from completing their continuing education
13 requirements; providing applicability; requiring the
14 department and each affected board to adopt rules;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 455.2123, Florida Statutes, is amended
20 to read:
21 455.2123 Continuing education.—A board, or the department
22 when there is no board, shall may provide by rule that distance
23 learning may be used to satisfy continuing education
24 requirements. A board, or the department when there is no board,
25 shall approve distance learning courses as an alternative to
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hb0497-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 497 2024
26 classroom courses to satisfy continuing education requirements.
27 A board, or the department when there is no board, provided for
28 in part VIII, part XV, or part XVI of chapter 468 or part I or
29 part II of chapter 475 and may not require centralized
30 examinations for completion of continuing education req uirements
31 for the professions licensed under part VIII, part XV, or part
32 XVI of chapter 468 or part I or part II of chapter 475. This
33 section does not apply to any medical board or department
34 regulated by the Department of Health.
35 Section 2. Section 455.2124, Florida Statutes, is amended
36 to read:
37 455.2124 Proration of or not requiring continuing
38 education.—
39 (1) A board, or the department when there is no board,
40 may:
41 (a)(1) Prorate continuing education for new licensees by
42 requiring half of the required continuing education for any
43 applicant who becomes licensed with more than half the renewal
44 period remaining and no continuing education for any applicant
45 who becomes licensed with half or less than half of the renewal
46 period remaining; or
47 (b)(2) Require no continuing education until the first
48 full renewal cycle of the licensee.
49
50 These options shall also apply when continuing education is
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 497 2024
51 first required or the number of hours required is increased by
52 law or the board, or the department when there is no board.
53 (2)(a) A board, or the department when there is no board,
54 shall exempt an individual from completing the continuing
55 education required for renewal of a license for a renewal period
56 if the individual:
57 1. Holds an active license issued by the board, or the
58 department when there is no board, to practice the profession;
59 2. Has continuously held the license for at least 10
60 years; and
61 3. Has had no disciplinary action imposed on the license.
62 (b) This subsection does not apply to any medical board or
63 department regulated by the Department of Health.
64 (3) The department and each affected board shall adopt
65 rules pursuant to ss. 120.536(1) and 120.54 to implement this
66 section.
67 Section 3. This act shall take effect July 1, 2024.
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hb0497-00
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 497 by Rep. Melo
Continuing Education Requirements
AMENDMENT SUMMARY
February 6, 2023
Amendment 1 by Rep. Melo (strike-all): The amendment makes the following changes:
• Removes provisions related to medical boards or departments regulated by the
Department of Health.
• Exempts the following professionals from the provisions that allow professional licensees
with more than 10 years’ experience to skip continuing education requirements:
o Brokers, broker associates and sales associates, in addition to engineers, CPA’s,
appraisers, interior designers, and contractors, which are already exempted in
this bill.
• Grants DBPR rulemaking authority to adopt emergency rules for the purpose of
implementing the amendment made by the bill.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 497 (2024)
Amendment No.
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Melo offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 455.2123, Florida Statutes, is amended
8 to read:
9 455.2123 Continuing education.—A board, or the department
10 when there is no board, shall allow may provide by rule that
11 distance learning may be used to satisfy continuing education
12 requirements. A board, or the department when there is no board,
13 shall approve distance learning courses as an alternative to
14 classroom courses to satisfy continuing education requirements.
15 A board, or the department when there is no board, provided for
16 in part VIII, part XV, or part XVI of chapter 468 or part I or
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 497 (2024)
Amendment No.
17 part II of chapter 475 and may not require centralized
18 examinations for completion of continuing education requirements
19 for the professions licensed under part VIII, part XV, or part
20 XVI of chapter 468 or part I or part II of chapter 475.
21 Section 2. Section 455.2124, Florida Statutes, is amended
22 to read:
23 455.2124 Proration of or not requiring continuing
24 education.—
25 (1) A board, or the department when there is no board,
26 may:
27 (a)(1) Prorate continuing education for new licensees by
28 requiring half of the required continuing education for any
29 applicant who becomes licensed with more than half the renewal
30 period remaining and no continuing education for any applicant
31 who becomes licensed with half or less than half of the renewal
32 period remaining; or
33 (b)(2) Require no continuing education until the first
34 full renewal cycle of the licensee.
35
36 These options shall also apply when continuing education is
37 first required or the number of hours required is increased by
38 law or the board, or the department when there is no board.
39 (2)(a) A board, or the department when there is no board,
40 shall exempt an individual from completing the continuing
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Page 2 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 497 (2024)
Amendment No.
41 education required for renewal of a license for a renewal period
42 if:
43 1. The individual holds an active license issued by the
44 board or department to practice the profession;
45 2. The individual has continuously held the license for at
46 least 10 years; and
47 3. No disciplinary action is imposed on the individual's
48 license.
49 (b) This subsection does not apply to engineers regulated
50 pursuant to chapter 471, certified public accountants regulated
51 pursuant to chapter 473, to brokers, broker associates, and
52 sales associates regulated pursuant to part I of chapter 475, to
53 appraisers or interior designers regulated pursuant to chapter
54 481, or to contractors regulated pursuant to chapter 489.
55 (3) The department and each affected board shall adopt
56 rules pursuant to ss. 120.536(1) and 120.54 to implement this
57 section.
58 Section 3. (1) The Department of Business and Professional
59 Regulation is authorized, and all conditions are deemed to be
60 met, to adopt emergency rules pursuant to s. 120.54(4), Florida
61 Statutes, for the purpose of implementing the amendments made by
62 this act to s. 455.2124, Florida Statutes, including
63 establishing procedures to facilitate the exemption for eligible
64 individuals from completing continuing education.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 497 (2024)
Amendment No.
65 (2) Notwithstanding any other law, emergency rules adopted
66 pursuant to subsection (1) are effective for 6 months after
67 adoption and may be renewed during the pendency of procedures to
68 adopt permanent rules addressing the subject of the emergency
69 rules.
70 (3) This section expires January 1, 2026.
71 Section 4. This act shall take effect July 1, 2024.
72
73 -----------------------------------------------------
74 T I T L E A M E N D M E N T
75 Remove lines 6-15 and insert:
76 allow by rule that distance learning may be used to satisfy
77 continuing education requirements; revising the requirements
78 that such continuing education must satisfy; amending s.
79 455.2124, F.S.; requiring the board, or the department when
80 there is no board, to exempt certain individuals from completing
81 their continuing education requirements; providing
82 applicability; requiring the department and each affected board
83 to adopt rules; authorizing the department to adopt emergency
84 rules; providing requirements and an expiration date for the
85 emergency rules; providing for the expiration of such rulemaking
86 authority; providing an effective date.
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Page 4 of 4
HB 757
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 757 Defamation, False Light, and Unauthorized Publication of Name or Likenesses
SPONSOR(S): Civil Justice Subcommittee, Andrade
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 12 Y, 4 N, As CS Mawn Jones
2) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
3) Judiciary Committee
SUMMARY ANALYSIS
The First Amendment to the United States Constitution provides that “Congress shall make no law … abridging
the freedom of speech, or of the press....” Courts apply the First Amendment to the states through the
Fourteenth Amendment, thus prohibiting the states from enacting laws which abridge the freedom of speech or
of the press. Courts also apply the First Amendment to civil lawsuits between private parties where the courts
must, in deciding the claims, apply a state rule of law touching on the freedoms guaranteed by the First
Amendment, including claims for:
• Defamation, which is a tort arising out of a statement that injures a third party’s reputation.
• Invasion of privacy, which is a tort that generally falls into one the following three categories:
o Unauthorized publication of another’s name or likeness;
o Unreasonable public disclosure of a private fact; or
o Publicity that unreasonably places another in a false light before the public.
In these instances, the courts recognize that the First Amendment guarantees are not absolute. Instead, the
courts must balance the rights of the defendant to speak or otherwise publicize information with the rights of
the plaintiff to protect his or her reputation or privacy. This is especially important where the plaintiff is a public
figure; in such instance, a court, recognizing the necessity of the free flow of information of public importance,
generally requires a public figure suing for defamation to prove actual malice on the part of the defendant
before he or she can prevail, instead of mere negligence, as is the usual standard. Further, Florida law
establishes an evidentiary journalist’s privilege, which privilege prevents a journalist from being compelled to
testify about or provide information obtained while gathering news in most situations, including the identity of
any sources.
CS/HB 757:
• Defines “defamation or privacy tort” and modifies the venue requirements for a defamation or privacy
tort action.
• Extends the liability shield under the fair reporting privilege to newspaper entities.
• Limits a media entity’s liability shield under the fair reporting privilege and ability to avoid punitive
damages where a defamatory statement is not removed from the Internet as required by the bill.
• Creates a rebuttable presumption that a publisher published a statement about a public figure with
actual malice where the public figure proves the statement is false and the publisher relied on an
anonymous source for the statement.
• Authorizes a “veracity hearing” in a defamation or privacy tort action in specified circumstances.
• Resuscitates the tort of false light in the limited context of the use of artificial intelligence to create or
edit any form of media.
The bill does not appear to have a fiscal impact on state or local governments. The bill provides an effective
date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0757b.RRS
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
First Amendment Guarantees: Freedom of Speech and of the Press
The First Amendment to the United States Constitution provides that “Congress shall make no law …
abridging the freedom of speech, or of the press...” 1 In 1940, the United States Supreme Court held
that the Fourteenth Amendment’s concept of liberty embraced the liberties guaranteed by the First
Amendment, which provides, in pertinent part, that “[n]o State shall make or enforce any law which
shall abridge the privileges or immunities or citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction equal protection of the laws.” 2
Thus, courts apply the First Amendment to the states through the Fourteenth Amendment, therefore
prohibiting the states from enacting laws which abridge the freedom of speech or of the press. Courts
also apply the First Amendment to civil lawsuits between private parties where the courts must, in
deciding the claims, apply a state rule of law, whether statutory or common law, 3 touching on the
freedoms guaranteed by the First Amendment. 4 In applying the First Amendment to such lawsuits, the
United States Supreme Court recognizes that the constitutional protections for the freedom of speech
and of the press were guaranteed to the people to assure the free exchange of ideas for the bringing
about of political and social changes desired by the people. 5 The Court has also acknowledged that
maintaining the opportunity for free political discussion so that governments may be responsive to the
will of the people and changes may be obtained by lawful means is a fundamental principle of the
constitutional system; indeed, noted the Court, the freedom of speech and of the press “is the
indispensable condition of nearly every other form of freedom.” 6
General Tort Law
The main purpose of Florida’s civil justice system is to properly and fairly redress the civil wrongs
committed throughout the state. A functioning civil justice system, when it operates justly:
• Provides a fair and equitable forum to resolve disputes;
• Discourages persons from resorting to self-help methods to redress wrongs;
• Appropriately compensates legitimately harmed persons;
• Shifts losses to responsible parties;
• Provides incentives to prevent future harm; and
• Deters undesirable behavior. 7
A goal of the civil justice system is to redress tortious conduct, or “torts” – that is, wrongs for which the
law provides a remedy. Torts are generally divided into three categories, as follows:
• An intentional tort, examples of which include assault, battery, or false imprisonment. 8
1 The First Amendment was ratified on December 15, 1791, as part of the Bill of Rights; that is, the first ten Amendments to the United
States Constitution. Library of Congress, The Bill of Rights, https://www.loc.gov/item/today-in-history/december-
15/#:~:text=On%20December%2015%2C%201791%2C%20the,of%20peaceful%20assembly%20and%20petition (last visited Jan. 18,
2024).
2 Cantwell v. Connecticut, 310 U.S. 296 (1940).
3 Common law is law arising from judicial decisions. Legal Information Institute, Common Law,
https://www.law.cornell.edu/wex/common_law (last visited Jan. 18, 2024).
4 See, e.g., New York Times Co. v. Sullivan, 376 U.S. 254 (1964); see also, e.g., American Fed’n of Labor v. Swing, 312 U.S. 321
(1941).
5 See, e.g., Sullivan, 376 U.S. at 269.
6 Curtis Pub. Co. v. Butts, 388 U.S. 130 (1967)
7 Cf. Am. Jur. 2d Torts s. 2.
8 Legal Information Institute, Intentional Tort, https://www.law.cornell.edu/wex/intentional_tort (last visited Jan. 18, 2024).
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• Recklessness, which is behavior so careless that it is considered an extreme departure from the
care a reasonable person would exercise in similar circumstances. 9
• Negligence, which is the failure to behave with the level of care that an ordinary prudent person
would have exercised under the same circumstances. 10 To prevail in a negligence lawsuit, the
plaintiff must show that the:
o Defendant had a legal duty of care requiring the defendant to conform to a certain
standard of conduct for the protection of others, including the plaintiff, against
unreasonable risks;
o Defendant breached his or her duty of care by failing to conform to the required
standard;
o Defendant’s breach caused the plaintiff to suffer an injury; and
o Plaintiff suffered actual damage or loss resulting from such injury. 11
Some torts, such as defamation and invasion of privacy, touch on conduct which amounts to speech, or
which is carried out by the press; in these instances, the courts recognize that the First Amendment
guarantees are not absolute. 12 Instead, the courts must balance the rights of the defendant to speak or
otherwise publicize information with the rights of the plaintiff to protect his or her reputation or privacy.
Defamation
Defamation is a tort arising out of a statement that injures a third party’s reputation – in other words, it
is a statement that tends to harm the reputation of another by lowering him or her in the community’s
estimation. 13 More broadly stated, it is a statement that exposes another to hatred, ridicule, or contempt
or injures another’s business, reputation, or occupation. 14 Such statements fall into one of two
categories:
• Libel, which is a defamatory statement expressed in print, writing, pictures, signs, effigies, or
any communication embodied in physical form. 15
• Slander, which is a defamatory statement made orally. 16
To prove defamation, a plaintiff generally must show:
• A false statement purporting to be fact;
• Publication or communication of that statement to a third person;
• Fault amounting to at least negligence; and
• Damages – that is, some harm caused to the plaintiff’s reputation.
Florida law also recognizes defamation by implication. 17 Thus, a technically true statement can be
defamatory where, by its context or the omission of other facts, it creates a false impression and
satisfies all of the other elements of defamation. 18
9 Legal Information Institute, Reckless, https://www.law.cornell.edu/wex/reckless (last visited Jan. 18, 2024).
10 Legal Information Institute, Negligence, https://www.law.cornell.edu/wex/negligence (last visited Jan. 18, 2024).
11 6 Florida Practice Series s. 1.1; see Barnett v. Dept. of Fin. Serv., 303 So. 3d 508 (Fla. 2020).
12 See, e.g., Herbert v. Lando, 441 U.S. 153 (1979) (“Given the required proof, damages liability for defamation abridges neither
freedom of speech nor freedom of the press”); see also Butts, 388 U.S. at 146 (society has “a pervasive and strong interest in
preventing and redressing attacks upon reputation”).
13 Fla. S. Ct., Standard Jury Instructions – Civil Cases (No. 00-1), 795 So. 2d 51 (2001).
14 Id.
15 Legal Information Institute, Libel, https://www.law.cornell.edu/wex/libel (last visited Jan. 18, 2024).
16 Legal Information Institute, Slander, https://www.law.cornell.edu/wex/slander (Jan. 18, 2024).
17 Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008).
18 Id. at 1108.
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Venue for Defamation Action
For civil lawsuits not relating to real property, including defamation claims, Florida law provides two
locations where venue is proper (that is, where the lawsuit may be filed); specifically, such lawsuits may
be filed in the county where the defendant resides or the county in which the cause of action accrued. 19
Florida law also prohibits a person from having more than one choice of venue for damages for
defamation founded upon any single publication, exhibition, or utterance, such as one:
• Newspaper edition;
• Book;
• Magazine;
• Presentation to an audience;
• Broadcast over radio or television; or
• Motion picture exhibition. 20
Recovery in such an action must include all damages for the alleged tort suffered by the plaintiff in all
jurisdictions. 21
Cause of Action for Defamation
A person who believes he or she is a defamation victim has two years to file a lawsuit raising the
defamation allegation, with the time in which to bring a lawsuit for damages founded upon a single
publication, exhibition, or utterance running from the time of the first publication, exhibition, or utterance
at issue in Florida. 22 Further, a judgment in any jurisdiction for or against the plaintiff on the substantive
merits of an action for damages founded on a single publication, exhibition, or utterance bars any other
action for damages by the same plaintiff against the same defendant founded on the same publication,
exhibition, or utterance. 23
Defenses to Defamation
Truth is an absolute defense to most defamation allegations, except for allegations of defamation by
implication; however, in such cases, truth is still available as a defense to a defendant who can prove
that the implication created by the allegedly defamatory statement is true. 24 Defamation law also
shields publishers from liability for minor factual inaccuracies; thus, a statement is considered
substantially true where its “substance or gist conveys essentially the same meaning that the truth
would have conveyed.” 25
Certain privileges may also provide a defense to defamation, although the degree of the defense
provided depends on whether the privilege is absolute or qualified. 26 An absolute privilege provides
complete immunity to defamation liability; in such instances, the statement’s falsity and the speaker’s
intent are irrelevant. 27 However, a qualified privilege only provides immunity from defamation liability
where the defendant did not act with actual malice. 28
Damages
19 S. 47.011, F.S.
20 S. 770.05, F.S.
21 Id.
22 Ss. 95.11(4)(h), F.S. and 770.07, F.S.
23 S. 770.06, F.S.
24 Butts, 388 U.S. at 151.
25 Fla. S. Ct., Standard Jury Instructions, supra note 13.
26 Legal Information Institute, Defamation, https://www.law.cornell.edu/wex/defamation (last visited Jan. 18, 2024).
27 For example, an absolute privilege extends to statements made by judges, attorneys, witnesses and jurors in a judicial proceeding
where the statements are relevant to the issue before the court. Myers v. Hodges, 44 So. 357 (1907).
28 For example, a qualified privilege extends to statements made by judges, attorneys, witnesses, and jurors in a judicial proceeding
where the statements are irrelevant to the issue before the court. Id. at 362.
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A prevailing plaintiff in a defamation action may recover his or her actual damages where the award is
supported by competent evidence. 29 Such damages may be economic damages (that is, monetary
losses) or noneconomic damages (such as damages for pain and suffering or humiliation). 30 Moreover,
nominal damages 31 may be awarded to vindicate a plaintiff where defamation is found but no actual
damages are proved, and punitive damages 32 may be awarded where the plaintiff proves the defendant
acted willfully, wantonly, or maliciously. 33
Defamation Per Se
“Defamation per se” is a statement that is so egregious that the law presumes that it was defamatory. 34
In determining whether a statement is defamation per se, the fact-finder must look only to the language
of the statement itself without relying on implications. 35 Courts have found that certain statements are
defamation per se, including a false statement:
• That a person committed a crime of moral turpitude; 36
• Charging a person with having a sexually-transmitted or other communicable disease;
• Tending to subject a person to hatred, distrust, ridicule, contempt, or disgrace, such as by
imputing that a woman is unchaste; or
• Tending to impute to another conduct, characteristics, or a condition incompatible with the
proper exercise of his or her lawful business, trade, profession, or office. 37
When a defamation claim involves defamation per se, malice and damages are generally presumed as
a matter of law and thus do not need to be proved; these presumptions may justify a punitive
damages 38 award even where the jury does not find that the plaintiff suffered actual damages. 39
However, the Florida Supreme Court has found that the malice and damages presumption does not
apply against defendants who are members of the media; thus, even where defamation per se is
alleged against such a defendant, malice and damages must still be proved. 40
Discrimination Allegations
Courts typically hold that an allegation that a person is racist, sexist, homophobic, transphobic or
otherwise holds feelings of dislike or hatred toward a particular class of persons is an “opinion” not
amounting to defamation, since the truth of the opinion cannot be proved or disproved. 41 However,
courts typically hold that a false allegation that a person discriminated against a person or group of
people on the basis of race, sex, sexual orientation, gender identity, or membership in another class
amounts to defamation, as it is more of a factual assertion, the truth of which can be proven or
disproved. 42 At least one court has found that an allegation that a business discriminated against
would-be patrons on the basis of their race was defamation per se. 43
29 Army Aviation Heritage Found. And Museum, Inc. v. Buis, 504 F. Supp. 2d 1254 (N.D. Fla. 2007); Legal Information Institute, Actual
Damages, https://www.law.cornell.edu/wex/actual_damages (last visited Jan. 18, 2024).
30 Id.
31 “Nominal damages” is a trivial sum of money awarded to a plaintiff whose legal right was technically violated but who has not
established that he or she is entitled to an actual damages award because there was no accompanying loss proved. Legal Information
Institute, Nominal Damages, https://www.law.cornell.edu/wex/nominal_damages (last visited Jan. 18, 2024)
32 “Punitive damages” are damages awarded to punish the defendant and deter the future bad behavior of others. Legal Information
Institute, Punitive Damages, https://www.law.cornell.edu/wex/punitive_damages (last visited Jan. 18, 2024).
33 Buis, 504 F. Supp. 2d at 1262.
34 Layne v. Tribune Co., 146 So. 234 (Fla. 1933).
35 Id. at 237.
36 A “crime of moral turpitude” is a crime involving wicked or deviant behavior constituting an immoral, unethical, or unjust departure
from ordinary social standards such that it would shock a community. Legal Information Institute, Moral Turpitude,
https://www.law.cornell.edu/wex/moral_turpitude (last visited Jan. 18, 2024).
37 Blake v. Giustibelli, 182 So. 3d 881 (Fla. 4th DCA 2016) (citing Richard v. Gray, 62 So. 2d 597, 598 (Fla. 1953)).
38 “Punitive damages” are damages awarded to punish the defendant and deter the future bad behavior of others. Such damages are
usually only available where a plaintiff proves the defendant acted willfully, wantonly, or maliciously. Legal Information Institute, Punitive
Damages, https://www.law.cornell.edu/wex/punitive_damages (last visited Jan. 18, 2024).
39 Layne, 146 So. at 236; Lawnwood Medical Center, Inc. v. Sadow, 43 So. 3d 710 (Fla. 4th DCA 2010).
40 Mid-Florida Television Corp. v. Boyles, 467 So. 2d 282 (Fla. 1985).
41 See, e.g., Williams v. Lazer, 495 P.3d 93 (Nev. 2021); Garrard v. Charleston Cnty. Sch. Dist., 838 S.E. 2d 698 (S.C. Ct. App. 2019).
42 See, e.g., Gibson Brothers, Inc. v. Oberlin College, 187 N.E. 3d 629 (Ohio Ct. App. 2022).
43 Id. at 653.
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Pre-Suit Notice for Media Entities
Before a defamation lawsuit may be filed in Florida against a newspaper, periodical, or other medium
for publishing or broadcasting a defamatory statement, the plaintiff must, at least five days before filing
suit, serve notice in writing on the defendant, which notice specifies the article or broadcast and the
statements therein which the plaintiff alleges are defamatory. 44 Further, the plaintiff in such a suit is
limited to recovering his or her actual damages if it appears from the evidence presented at trial that:
• An article or broadcast was published in good faith;
• Its falsity was due to an honest mistake of facts;
• There were reasonable grounds for believing the statement at issue was true; and
• Within a specified time period, a full and fair correction, apology, or retraction was, in the case
of a:
o Newspaper or periodical, published in the same editions or corresponding issues of the
newspaper or periodical in which the defamatory article appeared, and in as
conspicuous a place and type as said article; or
o Broadcast, the correction, apology, or retraction was broadcast at a comparable time. 45
However, “full and fair correction” must be made, in the case of a:
• Broadcast or a daily or weekly newspaper or periodical, within 10 days after service of notice;
• Newspaper or periodical published semi-monthly, within 20 days after service of notice;
• Newspaper or periodical published monthly, within 45 days of the notice; and
• Newspaper or periodical published less frequently than monthly, in the next issue, if notice is
served no later than 45 days before such publication. 46
In other words, the plaintiff may not recover punitive damages where the defendant newspaper or
broadcast station published or broadcast the defamatory statement in good faith and issued a timely
and appropriate correction, apology, or retraction.
Civil Liability of Certain Media Outlets
Florida law provides a fair reporting privilege, which privilege shields from civil liability a radio or
television broadcasting station owner, licensee, or operator, and the agents and employees thereof, for
any defamatory statement published or uttered in or as part of a radio or television broadcast by one
other than such owner, licensee, or operator, or an agent or employee thereof, unless the plaintiff
alleges and proves that such owner, licensee, or operator, or an agent or employee thereof, failed to
exercise due care to prevent the publication or utterance of such statement in such broadcasts. 47 In this
context, 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. 48
Public Figures
Courts classify persons who have achieved a certain measure of notoriety, whether by achievement or
celebrity, or who hold public office, as “public figures” for the purpose of defamation law. 49 A person
may achieve such pervasive fame or notoriety that he or she becomes a public figure for all purposes
and in all contexts of his or her life. 50 More commonly, however, a person voluntarily injects himself or
is drawn into a particular controversy and thereby becomes a public figure for a limited range of
issues. 51
44 S. 770.01, F.S.
45 S. 770.02(1), F.S.
46 S. 770.02(2), F.S.
47 S. 770.04, F.S.
48 Id.
49 Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).
50 Id. at 351.
51 Id.
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Recognizing the unique role public figures play in society, the United States Supreme Court has held
that the negligence standard applicable in a defamation claim involving a private citizen is the
inappropriate standard in a defamation claim brought by a public figure; instead, a public figure must
prove the statement at issue was made with “actual malice” – that is, with knowledge that it was false or
with reckless disregard as to whether it was false or not. 52 Mere proof of failure to investigate, without
more, does not establish the reckless disregard for the truth which would constitute “actual malice.” 53
In justifying the actual malice standard, the U.S. Supreme Court has noted that criticism of official
conduct does not lose its constitutional protection merely because it is effective criticism and hence
diminishes a public figure’s official reputation. 54 Further, the Court has noted that authoritative
interpretations of the First Amendment’s constitutional guarantees do not turn upon “the truth,
popularity, or social utility of the ideas and beliefs which are offered.” 55 Erroneous statements,
according to the Court, are inevitable in free debate and must be protected if the freedoms of
expression are to survive; “cases which impose liability for erroneous reports of the political conduct of
officials reflect the obsolete doctrine that the governed must not criticize their governors.” 56
Invasion of Privacy
Florida law recognizes a right to privacy – that is, the right to be let alone and live in a community
without being held up to the public gaze against one’s will. 57 An invasion of privacy claim is a tort
(“privacy tort”) that generally falls into one of the following three categories: 58
• Unauthorized publication of another’s name or likeness;
• Unreasonable public disclosure of a private fact; or
• Publicity that unreasonably places another in a false light before the public. 59
A person who believes he or she has been the victim of a privacy tort generally has four years to bring
a lawsuit raising the invasion of privacy allegations; however, an unauthorized publication cause of
action may not be brought if the name or likeness used belongs to a decedent and the use on which the
action is based occurred more than 40 years after the decedent’s death. 60
Further, as with defamation:
• The cause of action for damages founded upon a single publication, exhibition, or utterance is
deemed to have accrued at the time of the first publication, exhibition, or utterance thereof in
Florida. 61
• No person may have more than one choice of venue for damages for a privacy tort founded
upon any single publication, exhibition, or utterance and recovery in such an action must include
all damages for any such tort suffered by the plaintiff in all jurisdictions. 62
• A public figure has a lower expectation of privacy that a non-public figure. 63
However, unlike in defamation claims, mere spoken words do not give rise to a privacy tort; the conduct
at issue must be published or broadcast in some fashion. 64 Further, neither the truth of the published
matter nor the absence of malice or wrongful motive on the part of the writer or publisher constitute a
defense to a privacy tort. 65
52 New York Times Co. v. Sullivan, 376 U.S. 254 (1964).
53 Gertz, 418 U.S. at 330.
54 Sullivan, 376 U.S. at 271-272 (citing N.A.A.C.P. v. Button, 371 U.S. 415, 433 (1963) and quoting Sweeney v. Patterson, 128 F. 2d
457 (D.C. Cir. 1942)).
55 Sullivan, 376 U.S. at 271.
56 Id.
57 Cason v. Baskin, 20 So. 2d 243 (Fla. 1944). This is not to be confused with the right to privacy guaranteed in article I, section 23 of
the Florida Constitution, which generally guarantees Floridians a right to be free from government intrusion into their private lives.
58 A fourth category, unreasonable intrusion into another’s seclusion, is not discussed here, as it does not require publication.
59 Restatement (Second) of Torts s. 652A.
60 Ss. 95.11(3)(o) and 540.08(4), F.S.; Epic Metals Corp. v. Condec, Inc., 867 F. Supp. 1009 (M.D. Fla. 1994).
61 S. 770.07, F.S.
62 S. 770.05, F.S.
63 Cason, 20 So. 2d at 251.
64 Id. at 251-252; In re Carter, 411 B.R. 730 (U.S. Bankr. Ct., M.D. Fla. 2009).
65 Cason, 20 So. 2d at 252.
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Damages available to a prevailing plaintiff in a privacy tort include actual damages and punitive
damages where the defendant’s conduct was willful, wanton, or malicious. 66 However, the plaintiff need
not prove actual damages to prevail in a privacy tort claim and may recover nominal damages if actual
damages are not proved. 67
Unauthorized Publication
Florida courts recognize the common law tort of unauthorized publication of another’s name or likeness
(sometimes referred to as “appropriation”). 68 Florida law also codifies this tort in s. 540.08, F.S.,
providing generally the same elements as the common law tort. 69 Specifically, s. 540.08, F.S., prohibits
a person from publishing, printing, displaying, or otherwise publicly using for purposes of trade or for
any commercial or advertising purpose 70 the name, photograph, or other likeness of any natural person
without the express written or oral consent to such use given by:
• The natural person whose name or likeness is to be used; 71
• Any other person authorized in writing by such person to license the commercial use of his or
her name or likeness; or
• If such person is deceased:
o Any person authorized in writing to license the commercial use of the decedent’s name
or likeness; or
o If no person is so authorized, then by the decedent’s surviving spouse or any one of his
or her surviving children. 72
If proper consent is not obtained, the person whose name or likeness was appropriated, or any person
authorized to consent to the commercial use of the name or likeness, may sue under the statutory
cause of action to enjoin the unauthorized use and recover damages, including an amount that would
have been a reasonable royalty. 73 The court may also impose a civil penalty of up to $1,000 per
violation if the person whose name or likeness was appropriated is a member of the armed forces. 74
However, only the individual whose privacy was invaded may sue for unauthorized publication at
common law. 75
Further, the statutory cause of action does not apply to, and Florida courts generally recognize common
law exceptions for:
• The publication, printing, display, or use of the name or likeness of any person in any
newspaper, magazine, book, news broadcast or telecast, or other news medium or publication
as part of any bona fide news report or presentation having a current and legitimate public
interest and where such name or likeness is not used for advertising purposes;
• The use of a name or likeness in connection with the resale or other distribution of literary,
musical, or artistic productions or other merchandise or property where the person has
66 James v. Intelligent Software Solutions, 2017 WL 5634293 (11th Cir. 2017).
67 Facchina v. Mut. Benefits Corp., 735 So. 2d 499 (Fla. 4th DCA 1999).
68 Coton v. Televised Visual X-Ography, Inc., 740 F. Supp.2d 1299 (M.D. Fla. 2010).
69 A plaintiff may plead an unauthorized publication cause of action under both the statutory and common law remedies. A cause of
action may exist under the common law tort regardless of whether the unauthorized publication was for trade, commercial, or
advertising purposes as required by statute. Lane v. MRA Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).
70 A “commercial or advertising purpose” does not include publications which do not directly promote a product or service. It is not
enough that a publication is offered for sale; rather, the liability inquiry turns on whether the plaintiff’s name or likeness is associated
with something else within the publication. Tyne v. Time Warner Entertainment Co., L.P., 901 So. 2d 802 (Fla. 2005); Loft v. Fuller, 408
So. 2d 619 (Fla. 4th DCA 1981); Valentine v. CBS, Inc., 698 F. 2d 430 (11th Cir. 1983).
71 Consent may only be given on behalf of a minor by the guardian of his or her person or by either parent. S. 540.08(6), F.S.
72 A person’s “surviving spouse” is the person’s surviving spouse under the law of his or her domicile at the time of his or her death,
whether or not the spouse has later remarried, and a person’s “surviving children” are his or her immediate offspring and any children
legally adopted by the person. S. 540.08(1) and (6), F.S.
73 S. 540.08(2), F.S.; Coton, 740 F. Supp. 2d at 1312.
74 “Member of the armed forces” means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast
Guard of the United States, the Florida National Guard, or the United States Reserve Forces, and includes any officer or enlisted
member who died due to injuries sustained in the line of duty. S. 540.08(2) and (3), F.S.; Coton, 740 F. Supp. 2d at 1312.
75 Loft, 408 So. at 623-625.
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consented to the use of his or her name or likeness on or in connection with the initial sale or
distribution of the items; or
• Any photograph of a person solely as a member of the public, where such person is not named
or otherwise identified in or in connection with the use of such photograph. 76
Public Disclosure of Private Facts
Florida courts recognize the common law tort of unreasonable public disclosure of private facts, which
cause of action may only be brought by the person whose privacy was so invaded. 77 To prevail in a
public disclosure claim, the plaintiff must prove that the:
• Defendant publicized a truthful but private 78 fact concerning the plaintiff; and
• Matter publicized is of a kind that:
o Publication would be highly offensive to a reasonable person; and
o Is not of legitimate pubic concern – that is, the matter is not newsworthy. 79
Generally, the disclosure must also have been made to the public at large or to so many persons that
the matter is substantially certain to become public knowledge. 80 There is no precise number of
persons to whom disclosure must be made to satisfy this requirement; instead the court must consider
the facts of each case in determining whether the publication was sufficiently “public.” 81 Further, the
plaintiff’s consent to the publication is an absolute defense, which consent may be express or implied. 82
False Light
False light is a common law tort that Florida courts no longer recognize, although other jurisdictions do
continue to recognize it. Traditionally, this tort arose out of a statement that would be highly offensive to
a reasonable person; unlike defamation, which affords a remedy for damages to a person’s reputation,
false light affords a remedy for emotional harm. 83 Thus, to prevail in a false light claim, a plaintiff
traditionally had to prove that the:
• Publication places the plaintiff in a false light that would be highly offensive to a reasonable
person; and
• Defendant acted knowingly or in reckless disregard as to the false light in which the plaintiff
would be placed. 84
As with defamation by implication, truth was not an absolute defense to a false light claim, as such a
claim could exist where the facts alleged are true but the implication or innuendo created by the
juxtaposition or omission of the facts is false. 85 However, truth was available to a defendant in a false
light claim as a defense where the defendant could show that the implication or innuendo created was
true. 86
76 S. 540.08(4), F.S.; see, e.g., Jacova v. S. Radio & Television Co., 83 So. 2d 34 (Fla. 1955); Zim v. W. Publ’g Co., 573 F. 2d 1318
(5th Cir. 1978).
77 Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374 (Fla. 1989); Tyne, 204 F. Supp. 2d at 1344.
78 To be considered “private,” a fact cannot already have been “in the public eye”; that is, the facts cannot already have been publicized
by another source or through the plaintiff’s failure to conceal them. Heath v. Playboy Enter. Inc., 732 F. Supp. 1145 (S.D. Fla. 1990);
Doe v. Univision Television Group, Inc., 717 So. 2d 63 (Fla. 3d DCA 1998).
79 There is no set standard for what is considered “newsworthy.” Instead, the courts look to the specific facts of each case to determine
the newsworthiness of the private information publicized. Hitchner, 549 So. 2d at 1377; Restatement (Second) of Torts § 652D.
80 Guarino v. Mandel, 327 So. 3d 853 (Fla. 4th DCA 2021).
81 Leach v. District Bd. of Trustees of Palm Beach, 244 F. Supp. 3d 1334 (S.D. Fla. 2017).
82 Heath, 732 F. Supp. At 1150.
83 Rapp, 997 So. 2d at 1108; Restatement (Second) of Torts § 652E; Gannet Co., Inc. v. Anderson, 947 So. 2d 1 (Fla. 1st DCA 2006);
Robert, Rafii, Defamation vs. False Light: What Is the Difference?, https://www.findlaw.com/injury/torts-and-personal-
injuries/defamation-vs--false-light--what-is-the-difference-.html (last visited Jan. 18, 2024) (noting that “[d]efamation is meant to protect
reputation. A non-offensive statement about a person can harm…reputation. As such, defamation does not require that the statement is
offensive or embarrassing. False light demands that the implication is offensive or embarrassing to a reasonable person”).
84 Restatement (Second) of Torts § 652E.
85 Lane, 242 F. Supp. 2d at 1221.
86 Id. at 1222.
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Florida courts recognized the common law tort of false light until 2008, 87 when the Florida Supreme
Court held that it would no longer recognize false light because it overlapped so substantially with
defamation. 88
Journalist’s Privilege
A legal privilege generally operates to keep communications or other information private to promote
open communication and information-sharing in situations where such communication and information-
sharing should be encouraged; such privileges can be affirmatively raised in legal proceedings to shield
protected communications and information, but can also generally be waived by the person for whose
benefit the privilege exists. 89
One such privilege is the journalist’s privilege, which, generally speaking, affords journalists the right
not to disclose the identity of witnesses and other materials in court. Although it is journalists who
invoke the journalist’s privilege, the theory behind the privilege is to shield informants who have
information of value to the public, to encourage the free flow of such information. 90
Forty-nine states (including Florida) and the District of Columbia currently recognize a journalist’s
privilege either in statute or under the common law; some states make the privilege absolute, while
others make the privilege qualified, and the laws vary as to who may claim the privilege and to what
information it applies. 91 The United States Supreme Court has also recognized a journalist’s limited
First Amendment right to keep confidential the names of his or her sources and unpublished
information provided by such sources; most federal courts also recognize such a privilege, but the
scope of the privilege varies. 92
Journalist’s Privilege in Florida
Florida law affords a professional journalist 93 a qualified privilege not to be a witness concerning, and
not to disclose the information, including the identity of any source, that the professional journalist has
obtained while actively gathering news. 94 This privilege applies only to information or eyewitness
observations obtained within the professional journalist’s normal scope of employment, and a journalist
does not waive the privilege simply by publishing or broadcasting information. 95 However, the privilege
does not apply to physical evidence, eyewitness observations, or visual or audio recording of crimes;
thus, a professional journalist may be compelled to testify before a grand jury or in other criminal
proceedings regarding criminal activity which he or she witnessed and to turn over any physical
evidence or recordings of the crime he or she may have obtained. 96
Further, because the journalist’s privilege is qualified, it may be overcome by a party who makes a
clear and specific showing that:
87 See, e.g., Gannet, 947 So. 2d at 11.; see also Heekin v. CBS Broadcasting, Inc., 789 So. 2d 355 (Fla. 2d DCA 2001).
88 Rapp, 997 So. 2d at 1113-1114.
89 Legal Information Institute, Privilege, https://www.law.cornell.edu/wex/privilege (last visited Jan. 18, 2024).
90 Geoffrey R. Stone, Why We Need A Federal Reporter’s Privilege, 34 Hofstra L. Rev. 39 (2005),
https://law.hofstra.edu/pdf/academics/journals/lawreview/lrv_issues_v34n01_bb4_ideas-essays_stone_final.pdf (last visited Jan. 18,
2024).
91 Wyoming does not currently recognize a journalist’s privilege. Student Press Law Center, State-by-State Guide to the Reporter’s
Privilege for Student Media, https://splc.org/2019/08/state-by-state-guide-to-the-reporters-privilege-for-student-media/ (last visited Jan.
18, 2024); Justia, Reporter Shield Laws https://www.justia.com/communications-internet/reporter-shield-laws/ (last visited Jan. 18,
2024).
92 Branzburg v. Hayes, 408 U.S. 665 (1972).
93 A “professional journalist” is a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or
publishing news, for gain or livelihood, who obtained the information sought while working as a salaried employee of, or an independent
contractor for a newspaper; news journal; news agency; press association; wire service; radio or television station; network; or news
magazine. S. 90.5015(1), F.S.
94 “News” means information of public concern relating to local, statewide, national, or worldwide issues or events. S. 90.5015(2), F.S.
95 S. 90.5015(2) and (4), F.S.; State v. Davis, 720 So. 2d 220 (Fla. 1998).
96 S. 90.5015(2), F.S.; Miami Herald Publishing Co. v. Morejon, 561 So. 2d 577(Fla. 1990) (“There is no privilege, qualified, limited, or
otherwise, which protects journalists from testifying as to their eyewitness observations of a relevant event in a subsequent court
proceeding.”)
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• The information is relevant and material to unresolved issues that have been raised in the
proceeding for which the information is sought;
• The information cannot be obtained from alternative sources; and
• A compelling interest exists for the required information disclosure. 97
The court, in turn, must order disclosure only of that portion of the information for which such a showing
was made and support such order with clear and specific findings made after a hearing. 98
Effect of Proposed Changes
Defamation or Privacy Tort Defined
CS/HB 757 amends s. 770.05, F.S., to define the term “defamation or privacy tort,” as used in chapter
770, F.S., to mean libel, slander, invasion of privacy, or any other tort founded upon a single
publication, exhibition, or utterance, including any one:
• Newspaper edition.
• Book.
• Magazine.
• Presentation to an audience.
• Radio or television broadcast.
• Motion picture exhibition.
• Internet publication, exhibition, or utterance.
This definition under the bill does not change any of the elements of defamation or a privacy tort, and
does not make something defamation or a privacy tort that is not already such under current law.
Pre-Suit Notice for Media Entities
The bill amends s. 770.02, F.S., to provide that, if a newspaper or broadcast station published the
article or broadcast identified in the plaintiff’s pre-suit notice on the Internet, such article or broadcast
must be permanently removed from the Internet within 10 days after service of such notice in order to
limit the plaintiff’s recovery to actual damages. In other words, even where a newspaper or broadcast
station has properly issued a correction, apology, or retraction as contemplated by this section, where
the newspaper or broadcast station does not also timely and permanently remove the article or
broadcast from the Internet, punitive damages may still be assessed. This accounts for the reality that,
in the digital age, the printing or broadcasting of a correction, apology, or retraction alone may be
insufficient to remedy the harm caused by a defamatory statement’s publication or broadcast, as the
statement may continue to exist on the Internet and indefinitely perpetuate the plaintiff’s harm.
Civil Liability of Certain Media Outlets
The bill amends s. 770.04, F.S., to add a newspaper owner, licensee, or operator, and the agents or
employees thereof, to the list of persons affiliated with media outlets who are shielded from liability in
specified circumstances by the reporting privilege provided in this section. Specifically, the bill provides
that a newspaper owner, licensee, or operator, and the agents and employees thereof, are not liable for
any defamatory statement published or uttered in a newspaper article by one other than such owner,
licensee, or operator, or an agent or employee thereof, unless the plaintiff alleges and proves that such
owner, licensee, or operator, or an agent or employee thereof, failed to exercise due care to prevent the
publication or utterance of such statement in such newspaper article.
However, the bill also amends s. 770.04, F.S., to provide that, when an owner, licensee, or operator of
shielded media entity publishes a defamatory statement on the Internet with no knowledge of the
statement’s falsity and thereafter 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 such statement was false, and fails to take reasonable steps to permanently remove the statement
97 S. 90.5015(2), F.S.
98 S. 90.5015(3), F.S.
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and any related report from the Internet, the continued appearance of such statement or report on the
Internet after receipt of the notice is a new publication for purposes of the statute of limitations, and the
owner, licensee, or operator would not be entitled to a fair reporting privilege for such new publication.
In other words, even where the media entity’s owner, licensee, or operator exercised due care as to the
original publication of the statement in a radio or television broadcast or a newspaper article, where
such statement is also published on the Internet and the owner, licensee, or operator fails to take
reasonable steps to remove it therefrom, the owner, licensee, or operator loses the benefit of the fair
reporting privilege and the liability shield it provided as to the Internet publication. This accounts for the
reality that, in the digital age, the continued publication of a defamatory statement on the Internet, even
where such statement was originally published without the knowledge that it was false, could
indefinitely perpetuate the harm caused by the statement, and reflects the policy that persons who
knowingly choose to perpetuate that harm should not be shielded from civil liability.
Venue for a Defamation or Privacy Tort
The bill amends s. 770.05, F.S., to expand the venue options available to a person suing for a
defamation or privacy tort. Specifically, the bill provides that, when the damages for a defamation or
privacy tort are based on material published through the:
• Radio or television, venue is proper in any county where the material was accessed.
• Internet, venue is proper in any county in the state.
These changes update venue laws as they pertain to defamation or privacy tort actions, reflecting the
wide reach of the internet and certain broadcasts through which defamatory statements and private
information are easily spread.
Veracity Hearings in Defamation of Privacy Tort Actions
The bill creates s. 770.107, F.S., to authorize a “veracity hearing” in defamation or privacy tort actions.
Specifically, the bill requires a court, upon motion by any party to a defamation or privacy tort action, to
conduct an evidentiary hearing to determine two issues, which issues may be dispositive, as follows:
• Whether a statement is a state of fact or opinion.
• The veracity of any statement of fact that constitutes the basis for the cause of action.
Under the bill, the court must hear such motion within 60 days of service thereof, and the court’s review
is limited solely to determining the nature of the statement and its veracity. The bill also prohibits a
court, in ruling upon such a motion, from issuing findings about:
• Whether the statement of fact is defamation per se, defamation per quod, or a privacy tort;
• Whether the plaintiff qualifies as a public figure or limited public figure; or
• Whether the defendant acted negligently, recklessly, intentionally, or with actual malice.
Anonymous Sources
The bill creates s. 770.11, F.S., to provide that there is a rebuttable presumption that a publisher acted
with actual malice in publishing a statement if a public figure plaintiff can prove that the published
statement is false and the publisher relied on an anonymous source for the statement. Practically
speaking, a journalist who relies on information supplied by an anonymous source in making a
statement, which statement turns out to be false, and who chooses to exercise the journalist’s privilege
by maintaining the confidentiality of a source’s identity, would have to overcome the presumption of
actual malice to avoid civil liability.
False Light through Artificial Intelligence
The bill creates s. 770.15, F.S., to resuscitate the tort of false light in the limited context of the use of
artificial intelligence. Specifically, the bill provides that a person who uses artificial intelligence to create
or edit any form of media so that it attributes something false to or leads a reasonable viewer to believe
something false about another is subject to liability if all of the following apply:
• The media is published, distributed, or otherwise placed before the public;
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• The false light in which the other person was placed would be highly offensive to a reasonable
person; and
• The person had knowledge of or acted in reckless disregard as to the media’s false
implications.
The bill defines “artificial intelligence” for the purposes of this section as the theory and development of
computer systems that are designed to simulate human intelligence through machine learning and
perform tasks that would normally require human involvement, such as visual perception, speech
recognition, decision-making, and translation between languages. The bill also expands the original tort
of false light by specifying that this section incorporates the standards set forth under Ch. 770, F.S., for
defamation causes of action “to the extent necessary.”
Practically speaking, where artificial intelligence is used to create or edit any form of media, a person
represented therein could likely bring a defamation claim under current law where the media so created
or edited is used in a way that defames the person. However, such a person, when attempting to prove
damages, would generally have to show that his or her reputation had suffered. By generally
resuscitating the tort of false light in this limited context, the bill requires a plaintiff attempting to prove
damages to show only that he or she suffered emotional harm; this is likely an easier standard for a
plaintiff to meet.
Severability
The bill provides for severability. Specifically, the bill provides that, if a court holds any provision of the
bill or its application to any person or circumstances invalid, the invalidity does not affect the bill’s other
provisions or applications which can be given effect without the invalid provision or application.
Effective Date
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 770.02, F.S., relating to correction, apology, or retraction by newspaper or
broadcast station.
Section 2: Amends s. 770.04, F.S., relating to civil liability of radio or television broadcasting stations;
care to prevent publication or utterance required.
Section 3: Amends s. 770.05, F.S., relating to limitation of choice of venue.
Section 4: Creates s. 770.107, F.S., relating to veracity hearings in defamation or privacy tort actions.
Section 5: Creates s. 770.11, F.S., relating to presumption regarding anonymous sources when the
statement made about a public figure is false.
Section 6: Creates s. 770.15, F.S., relating to using artificial intelligence to place person in false light.
Section 7: Reenacts s. 770.06, F.S., relating to adverse judgment in any jurisdiction a bar to additional
action.
Section 8: Reenacts s. 770.07, F.S., relating to cause of action, time of accrual.
Section 9: Reenacts s. 770.08, F.S., relating to limitation on recovery of damages.
Section 10: Provides for severability.
Section 11: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
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DATE: 2/2/2024
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive fiscal impact on a public figure plaintiff who obtains the benefit of an actual
malice presumption which a publisher is unable to overcome. Likewise, the bill may have a negative
fiscal impact on a publisher who relies on an anonymous source for a statement about a public figure,
which statement turns out to be false, and who is unable to overcome the presumption that the
statement was published with actual malice.
The bill may also have a positive fiscal impact on a plaintiff who prevails on a false light claim as
resuscitated by the bill, which requires only a showing of emotional harm when attempting to prove
damages, where such plaintiff would not have prevailed had he or she raised a defamation claim, which
requires a showing of reputational harm when attempting to prove damages. Likewise, the bill may
have a negative fiscal impact on a defendant who is found liable for a false light claim as resuscitated
by the bill where such defendant would not have been found liable had the plaintiff raised a defamation
claim instead.
Further, the bill may have a positive fiscal impact on a plaintiff who prevails in a lawsuit against a media
entity involving publication of a statement on the Internet where the media entity would have previously
been shielded from civil liability, or where the plaintiff is able to obtain punitive damages against a
media entity even after the entity issues a correction, apology, or retraction. Likewise, the bill may have
a negative fiscal impact on a media entity who does not take required steps to remove a publication
from the Internet and therefore loses its liability shield or is assessed punitive damages.
Finally, the bill may have a positive economic impact on the private sector, to the extent that a “veracity
hearing” leads to the earlier resolution of a defamation or privacy tort action and thereby reduces
litigation costs for the parties to such action.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
The bill resuscitates the tort of false light in the context of the use of artificial intelligence, limits a
media entity’s civil liability shield and ability to avoid punitive damages in specified circumstances,
and creates a rebuttable presumption that a publisher acted with actual malice in publishing a
statement where a public figure plaintiff proves such statement is false and where the publisher
chose to exercise the journalist’s privilege by maintaining the confidentiality of a source’s identity.
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The First Amendment to the United States Constitution provides that “Congress shall make no law
… abridging the freedom of speech, or of the press...” Courts apply the First Amendment to the
states through the Fourteenth Amendment, thus restricting the states in enacting laws which
abridge the freedom of speech or of the press.
In claims for defamation and invasion of privacy, the courts recognize that the First Amendment
guarantees are not absolute. Instead, the courts must balance the rights of the defendant to speak
or otherwise publicize information with the rights of the plaintiff to protect his or her reputation or
privacy.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 18, 2024, the Civil Justice Subcommittee adopted two amendments and reported the bill
favorably as a committee substitute. The amendments:
• Extended the liability shield under the fair reporting privilege to newspaper entities.
• Limited a media entity’s liability shield under the fair reporting privilege and ability to avoid punitive
damages where a defamatory statement is not removed from the Internet as required by the bill.
• Authorized a “veracity hearing” in specified circumstances.
This analysis is drafted to the Committee Substitute as passed by the Civil Justice Subcommittee.
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DATE: 2/2/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 757 2024
1 A bill to be entitled
2 An act relating to defamation, false light, and
3 unauthorized publication of name or likenesses;
4 amending s. 770.02, F.S.; requiring that certain
5 articles or broadcasts be removed from the Internet
6 within a specified period to limit damages for
7 defamation; amending s. 770.04, F.S.; providing
8 persons in certain positions relating to newspapers
9 with immunity for defamation if such persons exercise
10 due care to prevent utterance of such a statement;
11 requiring removal of defamatory statements from the
12 Internet in certain circumstances; amending s. 770.05,
13 F.S.; providing a definition; providing venue for
14 damages for a defamation or privacy tort based on
15 material broadcast over radio or television; providing
16 venue for damages for a defamation or privacy tort
17 based on material published, exhibited, or uttered on
18 the Internet; creating s. 770.107, F.S.; providing for
19 a motion for a veracity hearing in a defamation or
20 privacy tort action; specifying determinations to be
21 made on such a motion; providing a timeframe for a
22 hearing; limiting the court's review of such a motion;
23 specifying that a certain finding may not be made in
24 ruling on such a motion; creating s. 770.11, F.S.;
25 providing a rebuttable presumption that a publisher of
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26 a false statement acted with actual malice in certain
27 circumstances; creating s. 770.15, F.S.; providing a
28 definition; providing that a person who uses
29 artificial intelligence to create or edit any form of
30 media in a certain manner is subject to liability in
31 certain circumstances; incorporating certain
32 standards; reenacting ss. 770.06, 770.07, and 770.08,
33 F.S., relating to adverse judgment in any jurisdiction
34 as a bar to additional action, cause of action and
35 time of accrual, and limitation on recovery of
36 damages, respectively, to incorporate the amendment
37 made to s. 770.05, F.S., in references thereto;
38 providing severability; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Section 770.02, Florida Statutes, is amended to
43 read:
44 770.02 Correction, apology, or retraction by newspaper or
45 broadcast station.—
46 (1) If it appears upon the trial that said article or
47 broadcast was published in good faith; that its falsity was due
48 to an honest mistake of the facts; that there were reasonable
49 grounds for believing that the statements in said article or
50 broadcast were true; and that, within the period of time
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51 specified in subsection (2), a full and fair correction,
52 apology, or retraction was, in the case of a newspaper or
53 periodical, published in the same editions or corresponding
54 issues of the newspaper or periodical in which said article
55 appeared and in as conspicuous place and type as said original
56 article or, in the case of a broadcast, the correction, apology,
57 or retraction was broadcast at a comparable time, then the
58 plaintiff in such case shall recover only actual damages. For
59 purposes of this section, if such an article or a broadcast has
60 been published on the Internet, the article or broadcast must be
61 permanently removed from the Internet within the time period
62 provided in paragraph (2)(a) in order to limit recovery to
63 actual damages as provided in this section.
64 (2) Full and fair correction, apology, or retraction shall
65 be made:
66 (a) In the case of a broadcast or a daily or weekly
67 newspaper or periodical, within 10 days after service of
68 notice.;
69 (b) In the case of a newspaper or periodical published
70 semimonthly, within 20 days after service of notice .;
71 (c) In the case of a newspaper or periodical published
72 monthly, within 45 days after service of notice.; and
73 (d) In the case of a newspaper or periodical published
74 less frequently than monthly, in the next issue, provided notice
75 is served no later than 45 days prior to such publication.
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76 Section 2. Section 770.04, Florida Statutes, is a mended to
77 read:
78 770.04 Civil liability of certain media outlets radio or
79 television broadcasting stations; care to prevent publication or
80 utterance required.—
81 (1) The owner, licensee, or operator of a radio or
82 television broadcasting station or a newspaper, and the agents
83 or employees of any such owner, licensee, or operator, shall not
84 be liable for any damages for any defamatory statement published
85 or uttered in or as a part of a radio or television broadcast or
86 newspaper article, by one other than such owner, licensee, or
87 operator, or general agent or employees thereof, unless it is
88 shall be alleged and proved by the complaining party, that such
89 owner, licensee, operator, general agent, or employee, has
90 failed to exercise due care to prevent the publication or
91 utterance of such statement in such broadcasts or newspaper
92 articles, provided, however, the exercise of due care shall be
93 construed to include the bona fide compliance with any federal
94 law or the regulation of any federal regulatory agency.
95 (2) When an owner, a licensee, or an operator described in
96 subsection (1) publishes a defamatory statement on the Internet
97 with no knowledge of falsity of the statement and thereafter
98 receives notice that such statement has been found in a judicial
99 proceeding to be false, or receives notice of facts that would
100 cause a reasonable person to conclude that such statement was
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101 false, and the owner, licensee, or operator fails to take
102 reasonable steps to permanently remove the statement and any
103 related report from the Internet, the continued appearance of
104 such statement or report on the Internet after the notice shall
105 be a new publication for purpose of the statute of limitations,
106 and the owner, licensee, or operator shall not be entitled to a
107 fair reporting privilege for such new publication.
108 Section 3. Section 770.05, Florida Statutes, is amended to
109 read:
110 770.05 Limitation of choice of venue.—
111 (1) As used in this chapter, the term "defamation or
112 privacy tort" means libel, slander, invasion of privacy, or any
113 other tort founded upon any single publication, exhibition, or
114 utterance, such as any one edition of a newspaper, book, or
115 magazine, any one presentation to an audience, any one broadcast
116 over radio or television, any one exhibition of a motion
117 picture, or any one publication, exhibition, or utterance on the
118 Internet.
119 (2) A No person may not shall have more than one choice of
120 venue for damages for a defamation or privacy tort libel or
121 slander, invasion of privacy, or any other tort founded upon any
122 single publication, exhibition, or utterance, such as any one
123 edition of a newspaper, book, or magazine, any one presentation
124 to an audience, any one broadcast over radio or television, or
125 any one exhibition of a motion picture. Recovery in any action
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126 shall include all damages for any such tort suffered by the
127 plaintiff in all jurisdictions.
128 (3) Notwithstanding any other provision of this chapter,
129 or any other statute providing for venue, when:
130 (a) Damages for a defamation or privacy tort are based on
131 material broadcast over radio or television, venue is proper in
132 any county in which the material was accessed.
133 (b) Damages for a defamation or privacy tort are based on
134 material published, exhibited, or uttered on the Internet, venue
135 is proper in any county in the state.
136 Section 4. Section 770.107, Florida Statutes, is created
137 to read:
138 770.107 Veracity hearings in defamation or privacy tort
139 actions.—
140 (1) Upon motion by any party to a cause of action brought
141 under this chapter, the court shall conduct an evidentiary
142 hearing to determine:
143 (a) Whether a statement is a statement of fact or an
144 opinion.
145 (b) The veracity of any statement of fact that constitutes
146 the basis for the cause of action.
147 (2) Unless otherwise agreed to by the parties, the court
148 shall hear the motion within 60 days after service of the
149 motion.
150 (3) The court's review of the motion shall be limited
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151 solely to determining whether a statement is a statement of fact
152 or an opinion and the veracity of the statement of fact at issue
153 in the underlying cause of action.
154 (4) In ruling upon a motion for determination of veracity,
155 the court shall issue no findings regarding the following
156 matters at issue in the underlying cause of action:
157 (a) Whether the statement of fact constitutes defamation
158 per se, defamation per quod, or a privacy tort;
159 (b) Whether the plaintiff in the cause of action qualifies
160 as a public figure or limited public figure; or
161 (c) Whether the defendant in the cause of action acted
162 negligently, recklessly, intentionally, or with actual malice.
163 Section 5. Section 770.11, Florida Statutes, is created to
164 read:
165 770.11 Presumption regarding anonymous sources when the
166 statement made about a public figure is false.—If a public
167 figure plaintiff can establish that a published statement is
168 false and that the publisher relied on an anonymous source for
169 the statement, there is a rebuttable presumption that the
170 publisher acted with actual malice in publishing the statement.
171 Section 6. Section 770.15, Florida Statutes, is created to
172 read:
173 770.15 Using artificial intelligence to place person in
174 false light.—
175 (1) As used in this section, the term "artificial
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176 intelligence" means the theory and development of computer
177 systems that are designed to simulate human intelligence through
178 machine learning and perform tasks that would normally require
179 human involvement, such as visual perception, speech
180 recognition, decisionmaking, and translation between languages.
181 (2) A person who uses artificial intelligence to create or
182 edit any form of media so that it attributes something false to
183 or leads a reasonable viewer to believe something false about
184 another person is subject to liability if all of the following
185 apply:
186 (a) The media is published, distributed, or otherwise
187 placed before the public.
188 (b) The false light in which the other person was placed
189 would be highly offensive to a reasonable person.
190 (c) The person had knowledge of or acted in reckless
191 disregard as to the false implications of the media.
192 (3) This section incorporates the standards set forth
193 under chapter 770 for defamation causes of action to the extent
194 necessary.
195 Section 7. For the purpose of incorporating the amendment
196 made by this act to section 770.05, Florida Statutes, in a
197 reference thereto, section 770.06, Florida Statutes, is
198 reenacted to read:
199 770.06 Adverse judgment in any jurisdiction a bar to
200 additional action.—A judgment in any jurisdiction for or against
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201 the plaintiff upon the substantive merits of any action for
202 damages founded upon a single publication or exhibition or
203 utterance as described in s. 770.05 shall bar any other action
204 for damages by the same plaintiff against the same defendant
205 founded upon the same publication or exhibition or utterance.
206 Section 8. For the purpose of incorporating the amendment
207 made by this act to section 770.05, Florida Statutes, in a
208 reference thereto, section 770.07, Florida Statutes, is
209 reenacted to read:
210 770.07 Cause of action, time of accrual.—The cause of
211 action for damages founded upon a single publication or
212 exhibition or utterance, as described in s. 770.05, shall be
213 deemed to have accrued at the time of the first publication or
214 exhibition or utterance thereof in this state.
215 Section 9. For the purpose of incorporating the amendment
216 made by this act to section 770.05, Florida Statutes, in a
217 reference thereto, section 770.08, Florida Statutes, is
218 reenacted to read:
219 770.08 Limitation on recovery of damages.—No person shall
220 have more than one choice of venue for damages for libel founded
221 upon a single publication or exhibition or utterance, as
222 described in s. 770.05, and upon his or her election in any one
223 of his or her choices of venue, then the person shall be bound
224 to recover there all damages allowed him or her.
225 Section 10. If any provision of this act or its
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226 application to any person or circumstance is held invalid, the
227 invalidity does not affect other provisions or applications of
228 this act which can be given effect without the invalid provision
229 or application, and to this end the provisions of this act are
230 severable.
231 Section 11. This act shall take effect July 1, 2024.
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HB 785
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 785 Limited Barbering
SPONSOR(S): Valdés
TIED BILLS: IDEN./SIM. BILLS: SB 704
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Barbers and barbershops are regulated by ch. 476, F.S., and licensed by the Barbers’ Board under the
Department of Business and Professional Regulation (DBPR). A barber’s license is required to perform
barbering services.
The bill allows a person without a license to practice barbering to perform services designated by the board as
limited barbering, if the person:
• Performs limited barbering under the supervision of a licensed barber in a licensed barbershop,
• Has not been disciplined relating to the practice of barbering in the previous 3 years, and
• Has successfully completed any education course requirements the board requires on sanitation safety,
including education on HIV and AIDS.
The bill allows a registered person to perform limited barbering in a licensed barbershop.
The bill requires each barbershop to display, in a conspicuous place, each individual’s proof of limited
barbering registration.
The bill allows the board to revoke or suspend any registration to practice limited barbering, and requires the
board to keep record of any disciplinary proceedings against persons registered to practice limited barbering.
The bill will have an indeterminate negative fiscal impact on state government, and no fiscal impact on local
governments.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0785.RRS
DATE: 2/2/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Barbering
Barbers and barbershops are regulated by Ch. 476, F.S., and licensed by the Barbers’ Board (board)
under the Department of Business and Professional Regulation (DBPR).
‘Barbering’ means any of the following practices when done for remuneration and for the public, but not
when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming,
coloring, shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams,
lotions, or other preparations to the face, scalp, or neck, either by hand or by mechanical appliances.” 1
A barber’s license is required to perform barbering services. 2 To be eligible for licensure, barbers
must: 3
• be at least 16 years old,
• complete the required training,
• pass the written examination, and
• pay a $205.50 application fee, 4 plus a $5 unlicensed activity fee. 5
Generally, barbers must complete 900 hours of education in the profession; however, barber applicants
are eligible to take the examination after 600 hours of education. If the examination is not successful,
the full 900 hours must be completed. 6 There is also an option to be a barber with a restricted license,
which is 600 hours training in total and restricts such barbers from applying chemical solutions or
preparations to hair. 7 A restricted barber may perform the following services: 8
• Hair cutting and styling, including the application of hair tonics and hair spray, but not including
the application of any other chemical preparations or solutions to the hair,
• Full facial shaves,
• Mustache and beard trimming, and
• Shampooing hair, including the application of shampoos and hair conditioners and blow drying
the hair.
As of July, 1, 2022, there were 14,147 barbers and 7,231 restricted barbers. In Fiscal Year 21-22, for
barbers, DBPR received 140 complaints against barbers, and took 15 disciplinary actions. For
restricted barbers, DBPR received 79 complaints against barbers, and took 9 disciplinary actions. 9
Barbershops
In Florida, barbershops must be registered. 10 Barbershops are inspected periodically by DBPR, in
accordance with sanitary standards set forth by the board. 11
1 S. 476.034(2), F.S.
2 S. 476.144(1), F.S.
3 S. 476.114, F.S.
4 R. 61-35.006, F.A.C..
5 S. 455.2281, F.S.
6 S. 476.114(2)(c), F.S.
7 S. 476.144(6), F.S.; R. 61G3-16.006, F.A.C.
8 R. 61G3-16.006(4), F.A.C.
9 Email from Jonas Marquez, Legislative Affairs Director, Florida Department of Business and Professional Regulation,
RE: Question (Mar. 14, 2023).
10 S. 476.184(1), F.S.
11 S. 476.184(2), F.S.
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Generally, all barbering services must performed in registered barbershops by licensed barbers, except
services provided: 12
• in a location other than a registered barbershop, including, but not limited to, a nursing home,
hospital, or residence, for a client of ill health who is unable to go to a registered barbershop;
o arrangements for the performance of such barber services must be made through a
registered barbershop.
• in connection with the motion picture, fashion photography, theatrical, or television industry; or
• for a manufacturer trade show demonstration or educational seminar.
However, barbers may shampoo, cut, or arrange hair outside of a registered barbershop at any time,
and allows barbers to do so without making arrangements or appointments through a registered
barbershop.
On July 1, 2022, there were 5,791 licensed barbershops. In Fiscal Year 21-22, DBPR received 438
complaints against barbershops, and took 113 disciplinary actions 13
Unlicensed Practice
Chapter 476, F.S., provides actions that are prohibited under the practice act, which includes holding
himself or herself out as a barber unless duly licensed. 14 If a person violates this provision, he or she is
subject to one or more of the following penalties: 15
• Revocation or suspension of any license or registration issued pursuant to this chapter.
• Issuance of a reprimand or censure.
• Imposition of an administrative fine not to exceed $500 for each count or separate offense.
• Placement on probation for a period of time and subject to such reasonable conditions as the
board may specify.
• Refusal to certify to the department an applicant for licensure.
Also, certain prohibited actions under are also criminal violations, including: 16
• Engaging in the practice of barbering without an active license as a barber.
• Hiring or employing any person to engage in the practice of barbering unless such person holds
a valid license as a barber.
• Owning, operating, maintaining, opening, establishing, conducting, or having charge of, either
alone or with another person or persons, a barbershop:
o Which is not licensed; or
o In which a person not licensed as a barber is permitted to perform services.
• Using or attempting to use a license to practice barbering when the license is suspended or
revoked.
Any person who violates any such provision is guilty of a misdemeanor of the second degree. 17
Instruction on HIV and AIDS
Barber applicants and licensees are required to complete a 2-hour board-approved continuing
educational course on human immunodeficiency virus and acquired immune deficiency syndrome (HIV
and AIDS) as part of initial licensure and license renewal. The course must consist of education on
modes of transmission, infection control procedures, clinical management, and prevention of human
immunodeficiency virus and acquired immune deficiency syndrome. 18
12 S. 476.188, F.S.
13 DBPR, supra note 9.
14 S. 476.204(1), F.S.
15 S. 476.204(2), F.S.
16 S. 476.194(1), F.S.
17 S. 476.194(2), F.S.
18 S. 455.2228, F.S.
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The board has authority to adopt rules to enforce this requirement.
Effect of the Bill
The bill defines “limited barbering” as the following practices when done for remuneration for the public,
but not when done for the treatment of disease or physical or mental ailments:
• Hair cutting and styling, including the application of hair tonics and hair spray, but not including
the application of any other chemical preparations or solutions to the hair,
• Mustache and beard trimming, and
• Shampooing hair, including the application of shampoos and hair conditioners and blow drying
the hair.
The scope of a limited barber will be the same as a restricted barber, except a restricted barber may
perform full facial shaves.
The bill allows a person without a license to practice barbering to perform limited barbering, if:
• The person registers his or her name with the board.
• The person performs limited barbering in a licensed barbershop with a licensed barber present.
• The person has completed a continuing educational course approved by the board on human
immunodeficiency virus and acquired immune deficiency syndrome, as required by s. 455.2228.
• The person complies with all safety and sanitation requirements for barbershop personnel while
practicing limited barbering at a barbershop.
When the board receives a registration request, the board:
• May not charge a fee for such registration.
• May deny such registration if the person has been disciplined relating to the practice of
barbering in the previous 3 years in any jurisdiction or as provided under s. 455.213(3).
• Must list the person on department’s website as a limited barber if he or she is granted a
registration.
The bill provides that an unlicensed person registered to perform “limited barbering” is not committing
unlicensed barbering when providing services.
The bill requires each barbershop to display, in a conspicuous place, each individual’s proof of limited
barbering registration.
The bill allows the board to revoke or suspend any registration to practice limited barbering, and
requires the board to keep record of any disciplinary proceedings against persons registered to practice
limited barbering.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 476.144, F.S.; relating to authorized unlicensed limited barbering.
Section 2: Amends s. 476.188, F.S.; relating to services performed in a barbershop.
Section 3: Amends s. 476.194, F.S.; relating to prohibited acts.
Section 4: Amends s. 476.204, F.S.; relating to administrative penalties.
Section 5: Amends s. 476.214, F.S.; relating to grounds for disciplining a license.
Section 6: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
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The bill will likely reduce revenues to DBPR from licensing fees from people registered to practice
limited barbering who would have otherwise obtained a license. 19
2. Expenditures:
The bill may increase expenditures of DBPR for inspections to ensure compliance with the new
limited barber requirements. 20 DBPR has stated that, “The department and board may experience
an increase in applications and complaints, but the fiscal impact is indeterminate.” 21
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow more people to practice certain barbering services without maintaining a full license or
paying for barber education. The bill will likely result in a reduction of fees payable to barber schools.
The bill may decrease attendance and enrollment at barber schools.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The board will need to promulgate rules related to requirements of the new practice of limited
barbering. The board has sufficient authority to do so.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
19 DBPR, supra note 8.
20 Id.
21 DBPR, Agency Analysis of 2024 Senate Bill 704, p.5 (Dec. 18, 2023).
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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 785 2024
1 A bill to be entitled
2 An act relating to limited barbering; amending s.
3 476.144, F.S.; defining the term "limited barbering";
4 authorizing persons without a license to practice
5 barbering to perform limited barbering in licensed
6 barbershops if certain requirements are met; amending
7 ss. 476.184, 476.188, 476.194, and 476.204, F.S.;
8 conforming provisions to changes made by the act;
9 amending s. 476.214, F.S.; authorizing the Barbers'
10 Board to discipline persons authorized to perform
11 limited barbering; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (8) is added to section 476.144,
16 Florida Statutes, to read:
17 476.144 Licensure.—
18 (8)(a) As used in this chapter, the term "limited
19 barbering" means the following practices when done for
20 remuneration for the public, but not when done for the treatment
21 of disease or physical or mental ailments:
22 1. Hair cutting and styling, including the application of
23 hair tonics and hair spray, but not including the application of
24 any other chemical preparations or solutions to the hair.
25 2. Mustache and beard trimming.
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26 3. Shampooing hair, including the application of hair
27 shampoos and hair conditioners, and blow drying hair.
28 (b) Notwithstanding any other provision of this chapter or
29 board rule, a person without a license to practice barbering who
30 has not completed the examination or training required under s.
31 476.114 may perform limited barbering if the person:
32 1. Registers his or her name with the board.
33 2. Performs limited barbering in a licensed barbershop
34 with a licensed barber present.
35 3. Has completed the continuing educational course
36 approved by the board on human immunodeficiency virus and
37 acquired immune deficiency syndrome required under s. 455.2228.
38 4. Complies with all safety and sanitation requirements
39 for barbershop personnel while performing limited barbering in a
40 licensed barbershop.
41 (c) Upon receipt of the registration request, the board:
42 1. May not charge a fee for such registration.
43 2. May deny such registration if the person has been
44 disciplined relating to the practice of barbering in the
45 previous 3 years in any jurisdiction or as provided under s.
46 455.213(3).
47 3. Must list the person on the department's website as a
48 limited barber upon granting a registration.
49 Section 2. Subsection (10) of section 476.184, Florida
50 Statutes, is amended to read:
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51 476.184 Barbershop licensure; requirements; fee;
52 inspection; license display.—
53 (10) Each barbershop shall display, in a conspicuous
54 place, the barbershop license and each individual licensee's
55 certificate or each individual's proof of limited barbering
56 registration.
57 Section 3. Subsection (1) of section 476.188, Florida
58 Statutes, is amended to read:
59 476.188 Barber services to be performed in registered
60 barbershop; exception.—
61 (1) Barber services shall be performed only by licensed
62 barbers in registered barbershops, except as otherwise provided
63 in this section. However, a person registered to perform limited
64 barbering under s. 476.144(8) may perform limited barbering in a
65 licensed barbershop.
66 Section 4. Paragraphs (a), (b), and (d) of subsection (1)
67 of section 476.194, Florida Statutes, are amended to read:
68 476.194 Prohibited acts.—
69 (1) It is unlawful for any person to:
70 (a) Engage in the practice of barbering without an active
71 license as a barber issued pursuant to the provisions of this
72 act by the department, unless the person is registered to
73 perform limited barbering under s. 476.144(8).
74 (b) Hire or employ any person to engage in the practice of
75 barbering unless such person holds a valid license as a barber
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76 or is registered to perform limited barbering under s.
77 476.144(8).
78 (d) Own, operate, maintain, open, establish, conduct, or
79 have charge of, either alone or with another person or persons,
80 a barbershop:
81 1. Which is not licensed under the provisions of this
82 chapter; or
83 2. In which a person not licensed as a barber is permitte d
84 to perform services, unless the person is registered to perform
85 limited barbering under s. 476.144(8).
86 Section 5. Paragraph (a) of subsection (1) of section
87 476.204, Florida Statutes, is amended to read:
88 476.204 Penalties.—
89 (1) It is unlawful for any person to:
90 (a) Hold himself or herself out as a barber unless duly
91 licensed as provided in this chapter or registered to perform
92 limited barbering under s. 476.144(8).
93 Section 6. Subsections (1) and (2) of section 476.214,
94 Florida Statutes, are amended to read:
95 476.214 Grounds for suspending, revoking, or refusing to
96 grant license or certificate.—
97 (1) The board shall have the power to revoke or suspend
98 any license, registration card, or certificate of registration,
99 including a registration to perform limited barbering, issued
100 pursuant to this act, or to reprimand, censure, deny subsequent
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101 licensure of, or otherwise discipline any holder of a license,
102 registration card, or certificate of registration, including a
103 registration to perform limited barbering, issued pursuant to
104 this act, for any of the following causes:
105 (a) Gross malpractice or gross incompetency in the
106 practice of barbering;
107 (b) Practice by a person knowingly having an infectious or
108 contagious disease; or
109 (c) Commission of any of the offenses described in s.
110 476.194.
111 (2) The board shall keep a record of its disciplinary
112 proceedings against holders of licenses or certificates of
113 registration, including a registration to perform limited
114 barbering, issued pursuant to this act.
115 Section 7. This act shall take effect July 1, 2024.
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hb0785-00
HB 1049
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1049 Flood Disclosure in the Sale of Real Property
SPONSOR(S): Hunschofsky and others
TIED BILLS: IDEN./SIM. BILLS: SB 484
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Larkin Anstead
Subcommittee
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Property owners in Florida must disclose significant or material known defects or problems with real property to
prospective buyers. In addition, s.161.57, F.S., requires sellers to disclose the potential for coastal erosion for
properties located seaward of the costal construction control line under certain conditions. However, current
Florida law does not require disclosure related to prior flooding of property. This may leave buyers who are not
familiar with the area at a significant disadvantage. Given its history of extreme weather, several areas of
Florida could be at risk for flooding, which is typically not covered by homeowner’s insurance or hurricane
insurance.
Thirty-two states have flood disclosure laws, while eighteen states, including Florida, do not require a seller to
disclose a property’s prior flood history to a prospective buyer.
The bill creates a flood disclosure requirement for every residential real property transaction.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1049.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Disclosure of Known Defects
As to sales of real property, Florida historically followed the legal theory of caveat emptor (“let the buyer
beware”). Under this theory, the seller had no duty to disclose defects in the property and the buyer
accepted the property “as-is.” 1
The law changed in 1985 when the Florida Supreme Court ruled that “where the seller of a home
knows of facts materially affecting the value of the property which are not readily observable and are
not known to the buyer, the seller is under a duty to disclose them to the buyer.” 2 This duty applies
even where the buyer has agreed to purchase residential property “as-is.” 3
In the context of flood disclosures, the appellate courts are split as to whether a tendency to flood is
readily observable. For example, in one case, the buyers of a home in the East Everglades area of
Miami-Dade County 4 bought the home during the dry season and the sellers did not disclose that the
land on which the home sat flooded annually in the rainy season. The flooding, according to the court,
was so severe that “snakes and even alligators (two at least), have gathered at the property to escape
the waters.” 5 The court found that seasonal flooding of the neighborhood was common knowledge and
information that was readily available to the buyers had they exercised “diligent attention.” 6 The lawsuit
against the seller was dismissed.
In another case, the buyers sued the seller who failed to disclose that the property was in the Coastal
Barrier Resource Area (CBRA), and thus was ineligible for flood insurance. The trial court found the
information regarding the CBRA was publicly available, and dismissed the case. However, the
appellate court reversed and ruled for the buyers. 7
The duty to disclose latent defects will generally not apply to an “as-is” contract for non-residential
property. Florida courts will continue to apply the doctrine of caveat emptor to an “as-is” contract for
non-residential property unless one of the following exceptions apply:
• Where some artifice or trick has been employed to prevent the purchaser from making
independent inquiry;
• Where the purchaser does not have equal opportunity to become apprised of the fact; and
• Where a party undertakes to disclose facts and fails to disclose the whole truth. 8
Numerous laws have created specific legal disclosure requirements for a seller that are in addition to
the disclosure required by case law, including:
• Associations -- A seller of property in a condominium, cooperative, or homeowners association
must make extensive specific disclosures of information related to the association. 9
• Coastal -- A sale of a property located partially or totally seaward of the coastal construction
control line requires a written disclosure statement at time of contract. Also, the seller must
1 Banks v. Salina, 413 So. 2d 851, 852 (Fla. 4th DCA 1982).
2 Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985).
3 Rayner v. Wise Realty Co. of Tallahassee, 504 So. 2d 1361 (Fla. 1st DCA 1987).
4 Nelson v. Wiggs, 699 So. 2d 258 (Fla. 3rd DCA 1997).
5 Id. at 259.
6 Id. at 260.
7 Newbern v. Mansbach, 777 So.2d 1044 (Fla. 1st DCA 2001).
8 Florida Holding 4800, LLC v. Lauderhill Mall Investment, LLC, 317 So.3d 121, 124 (Fla. 4th DCA 2021).
9 See, ss. 718.503 (condominiums), 719.503 (cooperatives), and 720.401 (homeowners association), F.S.
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furnish the buyer with a survey or affidavit showing the line, although the buyer may waive this
requirement. 10
• Code enforcement -- If a code enforcement proceeding is pending at the time of sale, the seller
must disclose it to the buyer. 11
• Lead paint -- Federal law requires all sellers or landlords of residential real property built before
1978 to give the buyer or tenant a federally produced form disclosure. The contract or lease
must allow for a 10-day inspection period. 12
• Property tax -- The seller must disclose that a transfer of ownership may lead to an increased
property tax assessment related to the Save Our Homes Amendment. 13
• Radon gas -- A specific disclosure relating to the risks of radon gas must be made in writing in
connection with the sale of any building. 14
• Sewer lines -- The seller must disclose known defects in the property’s sanitary sewer lateral
line. 15
• Sinkhole damage -- The seller of real property upon which a sinkhole claim has been made by
the seller and paid by the insurer must disclose to the buyer of such property, before the
closing, that a claim has been paid and whether or not the full amount of the proceeds was used
to repair the sinkhole damage. 16
• Subsurface rights -- The seller must provide a prospective purchaser of residential property with
a disclosure summary if the seller or an affiliated or related entity has previously severed or
retained or will sever or retain any of the subsurface rights or right of entry. 17
Correspondingly, statutes provide that certain disclosures are not required, including:
• That an occupant is or has been infected with HIV or AIDS. 18
• That the property was or may have been the site of a homicide, suicide, or other death. 19
States that Require Flood Disclosure
Thirty-two states have flood disclosure laws. 20 However, eighteen states do not require a seller to disclose
a property’s prior flood history to a prospective buyer, including Florida. 21 According to the Natural
Resources Defense Council, homeowners who unknowingly purchase a home with undisclosed flood
damage were subsequently inundated with bills up to tens of thousands of dollars to repair such damage. 22
10 S. 161.57, F.S. The written disclosure states the following: “The property being purchased may be subject to coastal
erosion and to federal, state, or local regulations that govern coastal property, including the delineation of the coastal
construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles.
Additional information can be obtained from the Florida Department of Environmental Protection, including whether there
are significant erosion conditions associated with the shoreline of the property being purchased.”
11 S. 162.06(5), F.S.
12 24 CFR Part 35 and 40 CFR Part 745. See also United States Environmental Protection Agency, Lead-Based Paint
Disclosure Rule (updated Aug. 7, 2023),https://www.epa.gov/lead/lead-based-paint-disclosure-rule-section-1018-title-x.
13 S. 689.261, F.S. The written disclosure states that: “BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT
PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN
THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS
TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU
HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE
FOR INFORMATION.”
14 S. 404.056(5), F.S.
15 S. 689.301, F.S.
16 S. 627.7073(2)(c), F.S.
17 S. 689.29, F.S.
18 S. 689.25(1)(a), F.S.
19 S. 689.25(1)(b), F.S.
20 How States Stack up on Flood Disclosure, Natural Resources Defense Council (Aug. 31, 2023),
www.nrdc.org/resources/how-states-stack-flood-disclosure (last visited Feb. 2, 2024).
21 Thomas Frank, More States Are Requiring Flood Risk Disclosures. Florida Is Conspicuously Not among Them.
Scientific American, (Oct. 5, 2023), www.scientificamerican.com/article/more-states-are-requiring-flood-risk-disclosures-
florida-is-conspicuously-not-among-them/ (last visited Feb. 2, 2024).
22 Supra note at 20.
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In an effort to let homeowners know which states have flood disclosure laws, the Natural Resources
Defense Council graded the states from A (as the best) to F (having no flood disclosure laws): 23
Floods
Usually, homeowner’s insurance 24 and hurricane insurance does not cover flood related damage. 25
Nonetheless, thirty-six percent of homeowners believe that homeowner’s insurance covers flood-related
damage. 26 Florida has an average of 59.21 inches of rain each year. 27 Florida’s flat terrain makes it more
susceptible to flooding. 28 In the next 30 years, one-third of properties in Florida are at risk of flooding. 29
Inability of Buyers to Access Federal Data on Flood-Prone Homes
The Federal Emergency Management Agency (FEMA) responds to emergencies caused by natural
disasters including flooding. Like all federal agencies, they keep records related to their regulatory function.
One form of data held by FEMA is properties categorized as a “severe repetitive loss property.” That
designation covers homes that have flooded twice, with damage totaling the value of the property, or
flooded four times with at least $5,000 of damage each time. There are about 45,000 of these properties in
the United States, as of the end of 2022, with about 3,100 in Florida alone, according to FEMA data.
Florida added about 120 of those homes from 2021 to 2022. FEMA’s policy is to share past flood history
only with a property owner that holds an active flood insurance policy on a property, so prospective buyers
may know the details of their property’s flood history only after they have closed the deal. 30
23 Id.
24 Jason Metz, Does Homeowners Insurance Cover Water Damage from Rain or a Leak? Forbes (Oct. 27, 2023),
www.forbes.com/advisor/homeowners-insurance/water-damage/ (last visited Feb. 2, 2024).
25 Hurricane Insurance. Federal Emergency Management Agency,
https://community.fema.gov/PreparednessCommunity/s/ContactUs?language=en_US (last visited Feb. 3, 2024).
26 Jason Metz, 72% of Homeowners Don’t Understand Essential Home Insurance Coverage. Forbes (May 26, 2023),
www.forbes.com/advisor/homeowners-insurance/survey-homeowners-insurance-
knowlege/#:~:text=36%25%20of%20homeowners%20think%20that,damage%2C%20but%20it%20does%20not (last
visited Feb. 2, 2024).
27 Flood History. Florida Flood Insurance (June 1, 2022), www.floridafloodinsurance.org/flood-history/ (last visited Feb. 3,
2024).
28 Id.
29 Manuel Bojorquez, More than One-Third of Florida Properties Face Looming Flood Risk, but Some Residents Are
Unaware. CBS News (June 1, 2023), www.cbsnews.com/news/florida-insurance-flooding-properties/ (last visited Feb. 3,
2024).
30 Alex Harris, Thousands of Florida homes flood repeatedly. You’re not allowed to know which ones. Miami Herald (Jan.
14, 2024), https://www.wusf.org/politics-issues/2024-01-14/thousands-of-florida-homes-flood-repeatedly-youre-not-
allowed-to-know-which-ones (last visited Feb. 2, 2024).
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Effect of the Bill
The bill creates a requirement for certain flood-related disclosures in every residential real estate
transaction.
The bill provides that a seller must provide a purchaser of a residential real property with a flood
disclosure summary at the time or before the sales contract is executed. The bill requires such flood
disclosure summary form to contain, or have something substantially similar to the following:
• A statement in conspicuous type that says, "Flood Insurance: Homeowner's insurance policies
do not include coverage for damage resulting from floods. Please discuss the need to purchase
separate flood insurance coverage with your insurance agent."
• Section completed by the seller with the following questions for which the only allowable
responses are "Yes" or "No":
o Are you aware of damage caused by flooding during your ownership of the property?
o Have you ever filed a claim for flood damage to an insurance provider or accepted federal
assistance for flood damage?
o Do you maintain flood insurance on the property?
The bill provides if the seller says “yes” on the section of the form which asks if the seller has ever filed
a claim for flood damage with an insurance provider or accepted federal assistance for flood damage,
the seller must:
• Identify each insurance provider with whom they filed a claim for such flooding.
• Explain the nature of all federal assistance they were provided for such flooding or both.
The bill defines flooding as a general or temporary condition of partial or complete inundation of the
property caused by any of the following:
• The overflow of inland or tidal waters.
• The unusual and rapid accumulation of runoff or surface waters from any established water
source, such as a river, stream, or drainage ditch.
• Excessive rainfall.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 689.302, F.S., relating to disclosure of flood risks to prospective purchaser.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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DATE: 2/4/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Home buyers may avoid flood-related costs. While, property owners who are trying to sell their house
may have a decrease in the market value of their property because of the required flood disclosure.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 2/4/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1049 2024
1 A bill to be entitled
2 An act relating to flood disclosure in the sale of
3 real property; creating s. 689.302, F.S.; requiring a
4 seller of residential real property to provide
5 specified information to a prospective purchaser at or
6 before the sales contract is executed; specifying how
7 such information must be disclosed; defining the term
8 "flooding"; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 689.302, Florida Statutes, is created
13 to read:
14 689.302 Disclosure of flood risks to prospective
15 purchaser.—
16 (1) A seller must provide a purchaser of residential real
17 property with a flood disclosure summary at the time or before
18 the sales contract is executed. The flood disclosure summary
19 must be a form that contains, or is substantially similar to,
20 the following:
21 (a) A statement in conspicuous type that says, "Flood
22 Insurance: Homeowner's insurance policies do not include
23 coverage for damage resulting from floods. Please discuss the
24 need to purchase separate flood insurance coverage with your
25 insurance agent."
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26 (b) A section completed by the seller with the following
27 questions for which the only allowable responses are "Yes" or
28 "No":
29 1. Are you aware of damage caused by flooding during your
30 ownership of the property?
31 2. Have you ever filed a claim for flood damage to an
32 insurance provider or accepted federal assistance for flood
33 damage?
34 3. Do you maintain flood insurance on the property?
35 (c) If the seller answers "yes" to subparagraph (b)2., the
36 seller must:
37 1. Identify each insurance provider with whom they filed a
38 claim for such flooding.
39 2. Explain the nature of all federal assistance they were
40 provided for such flooding or both.
41 (2) For the purposes of this subsection, the term
42 "flooding" means a general or temporary condition of partial or
43 complete inundation of the property caused by any of the
44 following:
45 (a) The overflow of inland or tidal waters.
46 (b) The unusual and rapid accumulation of runoff or
47 surface waters from any established water source, such as a
48 river, stream, or drainage ditch.
49 (c) Excessive rainfall.
50 Section 2. This act shall take effect July 1, 2024.
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hb1049-00
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1049 by Rep. Hunschofsky
Flood Disclosure in the Sale of Real Property
AMENDMENT SUMMARY
February 6, 2023
Amendment 1 by Rep. Hunschofsky (line 14-50):
• Revises the flood disclosure form to remove:
o The requirement for the seller to identify an insurance provider in the event of a
prior claim.
o The requirement for the seller to provide details related to all federal assistance
received related to flooding.
• Revises and clarifies the definition of “flooding” to include “sustained periods of standing
water resulting from rainfall”, rather than “excessive rainfall.”
• Makes clarifying and technical changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1049 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Hunschofsky offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 14-50
7 689.302 Disclosure of flood risks to prospective
8 purchaser.—A seller must complete and provide a flood disclosure
9 to a purchaser of residential real property at or before the
10 time the sales contract is executed. The flood disclosure must
11 be made in the following form:
12 FLOOD DISCLOSURE
13 Flood Insurance: Homeowners' insurance policies do not
14 include coverage for damage resulting from floods. Buyer is
15 encouraged to discuss the need to purchase separate flood
16 insurance coverage with Buyer's insurance agent.
436607 - h1049-lines 14-50.docx
Published On: 2/5/2024 11:09:55 AM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1049 (2024)
Amendment No. 1
17 (1) Seller is .... is not .... aware of damage to the
18 property caused by flooding during Seller's ownership of
19 the property.
20 (2) Seller has .... has not .... filed a claim with an
21 insurance provider relating to flood damage on the
22 property, including, but not limited to, a claim with the
23 National Flood Insurance Program.
24 (3) Seller has .... has not .... received federal
25 assistance for flood damage to the property, including, but
26 not limited to, assistance from the Federal Emergency
27 Management Agency.
28 (4) Seller does .... does not .... maintain flood
29 insurance on the property.
30 (5) For the purposes of this disclosure, the term
31 "flooding" means a general or temporary condition of
32 partial or complete inundation of the property caused by
33 any of the following:
34 (a) The overflow of inland or tidal waters.
35 (b) The unusual and rapid accumulation of runoff or
36 surface waters from any established water source, such as a
37 river, stream, or drainage ditch.
38 (c) Sustained periods of standing water resulting from
39 rainfall.
40 Section 2. This act shall take effect October 1, 2024.
41
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1049 (2024)
Amendment No. 1
42 -----------------------------------------------------
43 T I T L E A M E N D M E N T
44 Remove lines 7-8 and insert:
45 such information must be disclosed; providing an
46 effective date.
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HB 1081
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1081 Tourist Development
SPONSOR(S): Porras
TIED BILLS: IDEN./SIM. BILLS: SB 1072
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Bauldree Anstead
Subcommittee
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Counties are authorized to levy five separate taxes on transient rental transactions (tourist development taxes
or TDTs). These apply to hotels, motels, and holiday inns. Depending on a county’s eligibility to levy such
taxes, the maximum potential tax rate varies. A county, as defined by s. 125.011(1), F.S., (i.e., Miami-Dade
County) is also authorized to impose a 3 percent convention development tax on the total consideration
charged for transient rental transactions. Current law limits the uses of revenues received by counties from
TDTs.
The bill provides an exception to the authorized uses of revenues received by counties imposing certain TDTs.
Under the bill, a county as defined in s. 125.011(1), F.S. (i.e. Miami-Dade County) may use the revenues to
complete existing projects, debt obligations, or contracts in existence as of July 1, 2024. Revenues may not be
used to renew or to extend such projects.
For remaining revenues not needed for existing projects, contracts, or debt obligations, 50 percent of TDT
revenues must be distributed proportionally to municipalities in the county for specified uses.
The county must distribute the remaining tax revenues monthly as follows:
• 20 percent for the primary bureau, department, or association responsible for organizing, funding, and
promoting artist and cultural organizations;
• 30 percent for visitors bureaus and homeless shelters; and
• 50 percent for regular TDT uses.
The bill revises the purposes for which Miami-Dade County may use charter county convention development
revenue, by providing that 50 percent of the revenues must be distributed proportionally to the governing
boards of the municipalities within the county. Distributions may be used to:
• Acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a convention center,
an exhibition hall, a coliseum, an auditorium, a performing arts center, or a related building or parking
facility for such buildings.
• Promote and advertise tourism and to fund convention bureaus, tourist bureaus, tourist information
centers, and news bureaus.
The county must use the remaining charter county convention development revenue to acquire, construct,
extend, enlarge, remodel, repair, improve, operate, or maintain a countywide convention and visitors bureau, a
convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or a related building
or parking facility for such buildings.
The bill takes effect July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1081.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Tourist Development Taxes
Pursuant to the Local Option Tourist Development Act, 1 counties are authorized to levy five separate
taxes on transient rental 2 transactions (tourist development taxes or TDTs). Depending on a county’s
eligibility to levy such taxes, the maximum potential tax rate varies:
• The original TDT may be levied at the rate of 1 or 2 percent. 3
• An additional 1 percent tax may be levied by counties who have previously levied the original
TDT at the 1 or 2 percent rate for at least three years. 4
• A high tourism impact tax may be levied at an additional 1 percent. 5
• A professional sports franchise facility tax may be levied up to an additional 1 percent. 6
• An additional professional sports franchise facility tax no greater than 1 percent may be
imposed by a county that has already levied the professional sports franchise facility tax. 7
TDT Process
Each county that levies the original 1 or 2 percent TDT is required to have a tourist development
council consisting of county residents who are appointed by the county governing board. 8 The tourist
development council makes recommendations to the county governing board for the effective operation
of special projects or for uses of the TDT revenue. 9
Prior to the authorization of the original 1 or 2 percent TDT, the levy must be approved by a countywide
referendum held at a general election, 10 and additional TDT levies must be authorized by a vote of the
county’s governing board or by voter approval in a countywide referendum. 11 Each county proposing to
levy the original 1 or 2 percent tax must then adopt an ordinance for the levy and imposition of the
tax, 12 which must include a plan for tourist development prepared by the tourist development council. 13
1 S. 125.0104, F.S.
2 S. 125.0104(3)(a)1., F.S., considers “transient rental” to be the rental or lease of any accommodation for a term of six
months or less.
3 S. 125.0104(3)(c), F.S. All 67 of Florida’s counties are eligible to levy this tax, but only 62 counties have done so, all at a
rate of 2 percent. Office of Economic and Demographic Research (EDR), 2024 Local Option Tourist Tax Rates,
http://edr.state.fl.us/Content/local-government/data/county-municipal/2024LOTTrates.pdf (last visited Feb. 2, 2024).
These counties are estimated to realize $583 million in revenue from these taxes in the 2023-2024 fiscal year. EDR 2023
Florida Tax Handbook, p. 289, http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2023.pdf (last
visited Feb. 2, 2024).
4 S. 125.0104(3)(d), F.S. Fifty-six of the eligible 59 counties levy this tax, with an estimated 2023-2024 state fiscal year
collection of $254 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at.293.
5 S. 125.0104(3)(m), F.S. Ten of the 14 eligible counties levy this tax with an estimated 2023-2024 state fiscal collection of
$161 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at 300.
6 S. 125.0104(3)(l), F.S. Revenue can be used to pay debt service on bonds for the construction or renovation of
professional sports franchise facilities, spring training facilities or professional sports franchises, and convention centers
and to promote and advertise tourism. Forty-six of the 67 counties levy this additional tax, with an estimated 2023-2024
state fiscal year collection of $259 million in revenue. EDR 2023 Florida Tax Handbook, supra note 3 at 297.
7 S. 125.0104(3)(n), F.S. Thirty-six of the eligible 65 counties levy the additional professional sports franchise facility tax,
with an estimated 2023-2024 state fiscal year collection of $226 million in revenue. EDR 2023 Florida Tax Handbook,
supra note 3 at 303.
8 S. 125.0104(4)(e), F.S.
9 Id.
10 S. 125.0104(6), F.S.
11 S. 125.0104(3)(d), F.S.
12 S. 125.0104(4)(a), F.S.
13 S. 125.0104(4), F.S.
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The plan for tourist development must include the anticipated net tax revenue to be derived by the
county for the two years following the tax levy, as well as a list of the proposed uses of the tax and the
approximate cost for each project or use. 14 The plan for tourist development may not be substantially
amended except by ordinance enacted by an affirmative vote of a majority plus one additional member
of the governing board. 15
TDT Uses
The revenues derived from TDTs may be used for: 16
• The acquisition, construction, extension, enlargement, remodeling, repair, or improvement of a
publicly owned and operated convention center, sports stadium, sports arena, coliseum,
auditorium, aquarium, or a museum that is publicly owned and operated or owned and operated
by a not-for-profit organization, or promotion of a zoo.
• Promoting and advertising tourism in the state.
• Funding of convention bureaus, tourist bureaus, tourist information centers, and news bureaus
as county agencies, or by contract with chambers of commerce or similar associations in the
county.
• Financing beach park facilities or beach improvement, maintenance, renourishment, restoration,
and erosion control, including shoreline protection, enhancement, cleanup or restoration of
inland lakes and rivers to which there is public access as those uses relate to the physical
preservation of the beach, shoreline, or inland lake or river. 17
• In counties with populations less than 950,000, the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement, maintenance, operation, or promotion of
zoos, fishing piers, or nature centers which are publicly owned and operated or owned and
operated by a not-for-private organization and open to the public. 18
• Securing revenue bonds issued by the county for the acquisition, construction, extension,
enlargement, remodeling, repair, or improvement of a publicly owned and operated convention
center, sports stadium, sports arena, coliseum, auditorium, aquarium, or a museum, or
financing beach park facilities or beach improvement, maintenance, renourishment, restoration,
and erosion control.
In addition, up to 10 percent of the tax revenue received by a county located adjacent to the Gulf of
Mexico or the Atlantic Ocean may be used to reimburse for expenses incurred in providing public safety
services 19 that are needed to address impacts related to increased tourism and visitors to an area.
However, a county or municipality that does so may not use these funds to supplant the normal
operating expenses of an emergency medical services department, a fire department, a sheriff’s office,
or a police department. 20 To receive reimbursement the county must:
• Generate a minimum of $10 million in annual proceeds from any tax, or any combination of
taxes, authorized to be levied pursuant to this section;
• Have at least three municipalities; and
• Have an estimated population of less than 225,000. 21
Convention Development Taxes
Each county, as defined by s. 125.011(1), F.S., (i.e., Miami-Dade County) is authorized to impose a 3
percent convention development tax on the total consideration charged for transient rental transactions.
14 Id.
15 Id. The provisions found in s. 125.0104(4)(a)-(d), F.S., do not apply to the high tourism impact tax, the professional
sports franchise facility tax, or the additional professional sports franchise facility tax.
16 S. 125.0104(5), F.S.
17 In counties with populations less than 100,000, up to 10 percent of TDT revenues may be used for financing beach park
facilities. See s. 125.0104(5)(a), F.S.
18 S. 125.0104(5)(b), F.S.
19 Public safety services include emergency medical services as defined in s. 401.107(3), F.S., and law enforcement
services. S. 125.0104(5)(c), F.S.
20 Id.
21 S. 125.0104(5)(c), F.S.
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The tax must be levied pursuant to an ordinance enacted by the county’s governing body. 22 During
fiscal year 2022-2023, Miami-Dade generated approximately $130 million in revenue. 23 Tax proceeds
must be used in the following manner: 24
• Two-thirds of the proceeds must be used to extend, enlarge, and improve the largest existing
publicly owned convention center in the county.
• After completion of any project above, proceeds may be used to acquire, construct, extend,
enlarge, remodel, repair, improve, plan for, operate, manage, or maintain one or more
convention centers, stadiums, exhibition halls, arenas, coliseums, auditoriums, or golf courses,
and may be used to acquire and construct an intercity light rail transportation system.
• One-third of the proceeds must be used to construct a new multipurpose
convention/coliseum/exhibition center/stadium or the maximum components thereof as funds
permit in the most populous municipality in the county.
• After completion of the above projects, tax revenues and interest accrued pursuant to that
authorized use may be used, as determined by the county to operate an authority created
pursuant to s. 212.0305(4)(b)4., F.S., or to acquire, construct, extend, enlarge, remodel, repair,
improve, operate, or maintain one or more convention centers, stadiums, exhibition halls,
arenas, coliseums, auditoriums, golf courses, or related buildings and parking facilities in the
most populous municipality in the county.
Prior to the county enacting an ordinance imposing the levy, the county must notify the governing body
of each municipality in which projects are to be developed. As a precondition to the receipt of funding,
the governing bodies must designate or appoint an authority that has the power to approve the
concept, location, program, and design of the facilities or improvements to be developed. The authority
administers and disburses the tax proceeds and any other related source of revenue. However, the
authority’s annual budget is subject to approval of the municipality’s governing body. 25
The governing body of each municipality levying the tax may adopt a resolution prohibiting the
imposition of the convention development tax within the municipality’s jurisdiction. If a municipality
adopts such a resolution, the tax is imposed by the county in all other areas of the county except such
municipality. No funds collected from the convention development tax may be expended in a
municipality that has adopted such a resolution. 26
Effect of the Bill
The bill provides an exception to the authorized uses of revenues received by counties imposing a TDT
for a county defined in s. 125.011(1), F.S. (i.e. Miami-Dade County). The bill specifies that revenues
may be used to complete any project underway or to perform any contract in existence as of July 1,
2024, and that revenues may not be used to renew or extend the contracts or projects. Bonds or other
outstanding debt as of July 1, 2024, may be refinanced; however, the duration of the debt pledging the
TDT may not be extended and the outstanding principal may not be increased, except to account for
the costs of issuance.
Revenues not needed for projects, debt obligations, or contracts must be distributed as follows:
• 50 percent must be distributed proportionally to the governing authorities of the municipalities
within the county on a monthly basis. The receiving municipality may use the distributions to:
o Promote and advertise tourism.
o Fund convention bureaus, tourist bureaus, tourist information centers, and news
bureaus. Municipalities may enter into interlocal agreements for the purpose of using the
revenue for these stated purposes in combination with moneys used by the county for a
countywide convention and visitor bureau pursuant to current law.
22 S. 212.0305(4)(b)1., F.S.
23 Florida Office of Economic and Demographic Research, 2023 Florida Tax Handbook, p. 312,
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2023.pdf (last visited Feb. 2, 2024).
24 S. 212.0305(4)(b)2., F.S.
25 S. 212.0305(4)(b)4., F.S.
26 Id.
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o Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
finance public facilities 27 within the boundaries of the municipality, if the public facilities
are needed to increase tourist-related business activities in the municipality. Tax
distributions may be used for any related land acquisition, land improvement, design and
engineering costs, and all other professional and related costs required to bring the
public facilities into service. Tax distributions may only be used if:
At least 2/3 of the governing authority of the municipality approves the use;
No more than 70 percent of the cost will be paid for using TDT revenues;
No more than 40 percent of all TDT revenues distributed to the municipality are
spent to promote and advertise tourism.
o Acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate, or
promote parks or trails that are publicly owned and operated or owned and operated by
not-for-profit organizations and open to the public.
o Reimburse expenses incurred in providing public safety services including emergency
medical services and law enforcement needed to address impacts related to increased
tourism and visitors to a municipality.
o Finance water quality improvement projects including, but not limited to, flood mitigation;
algae control, cleanup, or prevention measures; and Biscayne Bay and waterway
network restoration activities.
o Provide for septic-to-sewer conversion projects.
The county must distribute the remaining tax revenues monthly as follows:
• 20 percent for the primary bureau, department, or association responsible for organizing,
funding, and promoting artist and cultural organizations;
• 30 percent for visitors bureaus and homeless shelters; and
• 50 percent for regular TDT uses.
The bill revises the purposes for which a county may use charter county convention development
moneys. The bill provides that 50 percent of charter county convention development money must be
distributed proportionally to the governing boards of the municipalities within the county on a monthly
basis. Moneys collected in unincorporated areas of the county are not included in the distribution. The
distributions may be used for the following purposes:
• To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or a
related building or parking facility to such buildings.
• To promote and advertise tourism and to fund convention bureaus, tourist bureaus, tourist
information centers, and news bureaus. Municipalities may enter into interlocal agreements to
use the revenue in combination with moneys used by the county for a countywide convention
and visitor’s bureau.
The county must use the remaining charter county convention development money only for the
following purposes:
• To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
convention center, an exhibition hall, a coliseum, an auditorium, a performing arts center, or a
related building or parking facility for such buildings.
• To acquire, construct, extend, enlarge, remodel, repair, improve, operate, or maintain a
countywide convention and visitors bureau which, by interlocal agreement and contract with the
municipalities within the county, has the primary responsibility for promoting the county and its
municipalities as a destination site for conventions, trade shows, and pleasure travel, or to be
used for regular TDT uses. If the county is not or is no longer a party to an interlocal agreement,
the county must distribute the revenue for regular TDT uses.
27 The bill defines the term “public facilities” as major capital improvements that have a life expectancy of 5 or more years,
including, but not limited to, transportation; sanitary sewer, including solid waste, drainage, and potable water; and
pedestrian facilities.
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The bill removes the requirement that the county notify the governing board of each municipality before
enacting an ordinance imposing the levy, as well as the designation or appointment of an authority and
the powers granted to the authority.
Lastly, the bill directs the Division of Law Revision to replace the phrase “the effective date of this act”
wherever it occurs in this act with the date the act becomes law.
The bill takes effect July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 125.0104, F.S., relating to tourist development tax; procedure for levying;
authorized uses; referendum; enforcement.
Section 2: Amends s. 212.0305, F.S., relating to convention development taxes; intent; administration;
authorization; use of proceeds.
Section 3: Directs the Division of Law Revision to make conforming changes.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
By reallocating TDT funds, the bill may have an indeterminate impact on county and municipal
government revenues.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
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DATE: 2/4/2024
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1081 2024
1 A bill to be entitled
2 An act relating to tourist development; amending s.
3 125.0104, F.S.; providing an exception to the
4 authorized uses of revenues received by counties
5 imposing the tourist development tax; specifying uses
6 of tax revenues received by certain counties imposing
7 the tourist development tax; defining the term "public
8 facilities"; amending s. 212.0305, F.S.; requiring
9 that charter county convention development moneys be
10 distributed to the governing boards of municipalities
11 for specified purposes; revising the purposes for
12 which a county may use charter county convention
13 development moneys; deleting the requirement that the
14 county notify the governing board of each municipal ity
15 under certain circumstances; providing a directive to
16 the Division of Law Revision; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (a) and (e) of subsection (5) of
22 section 125.0104, Florida Statutes, are amended, and paragraph
23 (f) is added to that subsection, to read:
24 125.0104 Tourist development tax; procedure for levying;
25 authorized uses; referendum; enforcement.—
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26 (5) AUTHORIZED USES OF REVENUE.—
27 (a) Except for counties identified in paragraph (f), all
28 tax revenues received pursuant to this section by a county
29 imposing the tourist development tax shall be used by that
30 county for the following purposes only:
31 1. To acquire, construct, extend, enlarge, remodel,
32 repair, improve, maintain, operate, or promote one or more:
33 a. Publicly owned and operated convention centers, sports
34 stadiums, sports arenas, coliseums, or auditoriums within the
35 boundaries of the county or subcounty special taxing district in
36 which the tax is levied;
37 b. Auditoriums that are publicly owned but are operated by
38 organizations that are exempt from federal taxation pursuant to
39 26 U.S.C. s. 501(c)(3) and open to the public, within the
40 boundaries of the county or subcounty special taxing district in
41 which the tax is levied; or
42 c. Aquariums or museums that are publicly owned and
43 operated or owned and operated by not-for-profit organizations
44 and open to the public, within the boundaries of the county or
45 subcounty special taxing district in which the tax is levied;
46 2. To promote zoological parks that are publicly owned and
47 operated or owned and operated by not-for-profit organizations
48 and open to the public;
49 3. To promote and advertise tourism in this state and
50 nationally and internationally; however, if tax revenues are
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51 expended for an activity, service, venue, or event, the
52 activity, service, venue, or event must have as one of its main
53 purposes the attraction of tourists as evidenced by the
54 promotion of the activity, service, venue, or event to tourists;
55 4. To fund convention bureaus, tourist bureaus, tourist
56 information centers, and news bureaus as county agencies or by
57 contract with the chambers of commerce or similar associations
58 in the county, which may include any indirect administrative
59 costs for services performed by the county on behalf of the
60 promotion agency;
61 5. To finance beach park facilities, or beach, channel,
62 estuary, or lagoon improvement, maintenance, renourishment,
63 restoration, and erosion control, including construction of
64 beach groins and shoreline protection, enhancement, cleanup, or
65 restoration of inland lakes and rivers to which there is public
66 access as those uses relate to the physical preservation of the
67 beach, shoreline, channel, estuary, lagoon, or inland lake or
68 river. However, any funds identified by a county as the local
69 matching source for beach renourishment, restoration, or erosion
70 control projects included in the long-range budget plan of the
71 state's Beach Management Plan, pursuant to s. 161.091, or funds
72 contractually obligated by a county in the financial plan for a
73 federally authorized shore protection project may not be used or
74 loaned for any other purpose. In counties of fewer than 100,000
75 population, up to 10 percent of the revenues from the tourist
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76 development tax may be used for beach park facilities; or
77 6. To acquire, construct, extend, enlarge, remodel,
78 repair, improve, maintain, operate, or finance public facilities
79 within the boundaries of the county or subcounty special taxing
80 district in which the tax is levied, if the public facilities
81 are needed to increase tourist-related business activities in
82 the county or subcounty special district and are recommended by
83 the county tourist development council created pursuant to
84 paragraph (4)(e). Tax revenues may be used for any related land
85 acquisition, land improvement, design and engineering costs, and
86 all other professional and related costs required to bring the
87 public facilities into service. As used in this subparagraph,
88 the term "public facilities" means major capital improvements
89 that have a life expectancy of 5 or more years, including, but
90 not limited to, transportation, sanitary sewer, solid waste,
91 drainage, potable water, and pedestrian facilities. Tax revenues
92 may be used for these purposes only if the following conditions
93 are satisfied:
94 a. In the county fiscal year immediately preceding the
95 fiscal year in which the tax revenues were initially used for
96 such purposes, at least $10 million in tourist development tax
97 revenue was received;
98 b. The county governing board approves the use for the
99 proposed public facilities by a vote of at least two-thirds of
100 its membership;
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101 c. No more than 70 percent of the cost of the proposed
102 public facilities will be paid for with tourist development tax
103 revenues, and sources of funding for the remaining cost are
104 identified and confirmed by the county governing board;
105 d. At least 40 percent of all tourist development tax
106 revenues collected in the county are spent to promote and
107 advertise tourism as provided by this subsection; and
108 e. An independent professional analysis, performed at the
109 expense of the county tourist development council, demonstrates
110 the positive impact of the infrastructure project on tourist -
111 related businesses in the county.
112
113 Subparagraphs 1. and 2. may be implemented through service
114 contracts and leases with lessees that have sufficient expertise
115 or financial capability to operate such facilities.
116 (e) Any use of the local option tourist development tax
117 revenues collected pursuant to this section for a purpose not
118 expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
119 paragraphs (a)-(d) and (f) of this subsection is expressly
120 prohibited.
121 (f) All tax revenues received pursuant to this section by
122 a county, as defined in s. 125.011(1), imposing the tourist
123 development tax may only be used by the county as specified in
124 this paragraph.
125 1. Revenues may be used to complete any project underway
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126 as of the effective date of this act or to perform any contract
127 in existence on the effective date of this act, pursuant to this
128 section as this section existed before the effective date of
129 this act. Revenues may not be used to renew or extend such
130 contracts or projects. Bonds or other debt outstanding as of the
131 effective date of this act may be refinanced, but the duration
132 of such debt pledging the tourist development tax may not be
133 extended and the outstanding principal may not be increased,
134 except to account for the costs of issuance.
135 2. Revenues not needed for projects, contracts, or debt
136 obligations pursuant to subparagraph 1. must be distributed and
137 used as follows:
138 a. Fifty percent must be distributed monthly by the county
139 to the governing authorities of the municipalities within the
140 county. Distributions to each municipality must be in proportion
141 to the amount collected in the prior month within the
142 municipality as a share of the total amount collected from all
143 municipalities in the county. These distributions may be used by
144 the receiving municipality to:
145 (I) Promote and advertise tourism.
146 (II) Fund convention bureaus, tourist bureaus, tourist
147 information centers, and news bureaus. Municipalities may enter
148 into interlocal agreements for the purpose of using the revenue
149 received for the purpose stated in this sub-sub-subparagraph in
150 combination with moneys used by the county for a countywide
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151 convention and visitors bureau under s. 212.0305(4)(b)2.b.(II).
152 (III) Acquire, construct, extend, enlarge, remodel,
153 repair, improve, maintain, operate, or finance public facilities
154 within the boundaries of the municipality, if the public
155 facilities are needed to increase tourist-related business
156 activities in the municipality.
157 (A) As used in this sub-sub-subparagraph, the term "public
158 facilities" means major capital improvements that have a life
159 expectancy of 5 or more years, including, but not limited to,
160 transportation; sanitary sewer, including solid waste, drainage,
161 and potable water; and pedestrian facilities.
162 (B) Tax distributions may be used for any related land
163 acquisition, land improvement, design and engineering costs, and
164 all other professional and related costs required to bring the
165 public facilities into service.
166 (C) Tax distributions may be used for the purposes stated
167 in sub-sub-sub-subparagraph (B) only if the following conditions
168 are satisfied:
169 i. The governing authority of the municipality approves
170 the use for each proposed public facility by a vote of at least
171 two-thirds of its membership.
172 ii. No more than 70 percent of the cost of a proposed
173 public facility will be paid for using tourist development tax
174 revenues, and sources of funding for the remaining costs are
175 identified and confirmed by the governing authority of the
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176 municipality.
177 iii. No more than 40 percent of all tourist development
178 tax revenues distributed to the municipality are spent to
179 promote and advertise tourism as provided in this paragraph.
180 (IV) Acquire, construct, extend, enlarge, remodel, repair,
181 improve, maintain, operate, or promote parks or trails that are
182 publicly owned and operated or owned and operated by not-for-
183 profit organizations and open to the public, within the
184 boundaries of the municipality.
185 (V) Reimburse expenses incurred in providing public safety
186 services, including, but not limited to, emergency medical
187 services as defined in s. 401.107(3), and law enforcement
188 services, needed to address impacts related to increased tourism
189 and visitors to a municipality.
190 (VI) Finance water quality improvement projects,
191 including, but not limited to, all of the following:
192 (A) Flood mitigation.
193 (B) Algae control, cleanup, or prevention measures.
194 (C) Biscayne Bay and waterway network restoration
195 initiatives.
196 (VII) Provide for septic-to-sewer conversion projects
197 important to the local tourism industry which are primarily
198 undertaken to reduce or prevent the discharge of untreated or
199 partially treated wastewater into surface waters.
200 b. A county shall use the remaining tax revenues received
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201 pursuant to this section as provided in this sub-subparagraph.
202 Twenty percent must be distributed monthly to the governing
203 board of the county to fund the primary bureau, department, or
204 association responsible for organizing, funding, and promoting
205 opportunities for artists and cultural organizations within the
206 county. Thirty percent must be distributed monthly to th e
207 governing board of the county and used for one or more of the
208 purposes set forth in s. 212.0306(3). Fifty percent must be
209 distributed monthly to the governing board of the county and
210 used for the purposes set forth in paragraph (5)(a) or sub -sub-
211 subparagraphs 2.a.(IV)-(VII).
212 Section 2. Paragraph (b) of subsection (4) of section
213 212.0305, Florida Statutes, is amended to read:
214 212.0305 Convention development taxes; intent;
215 administration; authorization; use of proceeds.—
216 (4) AUTHORIZATION TO LEVY; USE OF PROCEEDS; OTHER
217 REQUIREMENTS.—
218 (b) Charter county levy for convention development.—
219 1. Each county, as defined in s. 125.011(1), may impose,
220 under an ordinance enacted by the governing body of the county,
221 a levy on the exercise within its boundaries of the taxable
222 privilege of leasing or letting transient rental accommodations
223 described in subsection (3) at the rate of 3 percent of the
224 total consideration charged therefor. The proceeds of this levy
225 shall be known as the charter county convention development tax.
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226 2.a. Fifty percent of all charter county convention
227 development moneys, including any interest accrued thereon,
228 received by a county imposing the levy shall be distributed
229 monthly to the governing boards of the municipalities within the
230 county in proportion to the amount collected in the prior month
231 within each municipality compared with the total collected from
232 all municipalities in the county. Moneys collected within the
233 unincorporated area of the county are not included in the
234 distribution under this subparagraph. The distributions as
235 described in this sub-subparagraph may be used by the receiving
236 municipality only for the following purposes used as follows:
237 (I) To acquire, construct, extend, enlarge, remodel,
238 repair, improve, operate, or maintain one or more of the
239 following:
240 (A) A convention center.
241 (B) An exhibition hall.
242 (C) A coliseum.
243 (D) An auditorium.
244 (E) A performing arts center.
245 (F) A related building or parking facility to such
246 buildings described in sub-sub-sub-subparagraphs (A)-(E).
247 (II) To promote and advertise tourism and to fund
248 convention bureaus, tourist bureaus, tourist information
249 centers, and news bureaus. Municipalities may enter into
250 interlocal agreements for the purpose of using the revenue
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251 received for the purpose stated in this sub-sub-subparagraph in
252 combination with moneys used by the county for a countywide
253 convention and visitor's bureau under sub-sub-subparagraph b.
254 (II).
255 b. The governing body of the county shall use the
256 remaining charter county convention development moneys only for
257 the following purposes:
258 (I) To acquire, construct, extend, enlarge, remodel,
259 repair, improve, operate, or maintain one or more of the
260 following:
261 (A) A convention center.
262 (B) An exhibition hall.
263 (C) A coliseum.
264 (D) An auditorium.
265 (E) A performing arts center.
266 (F) A related building or parking facility to such
267 buildings described in sub-sub-sub-subparagraphs (A)-(E).
268 (II) To acquire, construct, extend, enlarge, remodel,
269 repair, improve, operate, or maintain a countywide convention
270 and visitors bureau which, by interlocal agreement and contract
271 with the municipalities within the county, has the primary
272 responsibility for promoting the county and its municipalities
273 as a destination site for conventions, trade shows, and pleasure
274 travel, or to be used for purposes provided in s.
275 125.0104(5)(a)2.b. or c. If the county is not or is no longer a
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276 party to such an interlocal agreement, the county must allocate
277 the proceeds of such tax for the purposes described in s.
278 125.0104(5)(a)2.b. or c.
279 a. Two-thirds of the proceeds shall be used to extend,
280 enlarge, and improve the largest existing publicly owned
281 convention center in the county.
282 b. One-third of the proceeds shall be used to construct a
283 new multipurpose convention/coliseum/exhibition center/stadium
284 or the maximum components thereof as funds permit in the most
285 populous municipality in the county.
286 c. After the completion of any project under sub-
287 subparagraph a., the tax revenues and interest accrued u nder
288 sub-subparagraph a. may be used to acquire, construct, extend,
289 enlarge, remodel, repair, improve, plan for, operate, manage, or
290 maintain one or more convention centers, stadiums, exhibition
291 halls, arenas, coliseums, auditoriums, or golf courses, and m ay
292 be used to acquire and construct an intercity light rail
293 transportation system as described in the Light Rail Transit
294 System Status Report to the Legislature dated April 1988, which
295 shall provide a means to transport persons to and from the
296 largest existing publicly owned convention center in the county
297 and the hotels north of the convention center and to and from
298 the downtown area of the most populous municipality in the
299 county as determined by the county.
300 d. After completion of any project under sub-subparagraph
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301 b., the tax revenues and interest accrued under sub -subparagraph
302 b. may be used, as determined by the county, to operate an
303 authority created pursuant to subparagraph 4. or to acquire,
304 construct, extend, enlarge, remodel, repair, improve, oper ate,
305 or maintain one or more convention centers, stadiums, exhibition
306 halls, arenas, coliseums, auditoriums, golf courses, or related
307 buildings and parking facilities in the most populous
308 municipality in the county.
309 e. For the purposes of completion of any project pursuant
310 to this paragraph, tax revenues and interest accrued may be
311 used:
312 (I) As collateral, pledged, or hypothecated for projects
313 authorized by this paragraph, including bonds issued in
314 connection therewith; or
315 (II) As a pledge or capital contribution in conjunction
316 with a partnership, joint venture, or other business arrangement
317 between a municipality and one or more business entities for
318 projects authorized by this paragraph.
319 3. The governing body of each municipality in which a
320 municipal tourist tax is levied may adopt a resolution
321 prohibiting imposition of the charter county convention
322 development levy within such municipality. If the governing body
323 adopts such a resolution, the convention development levy must
324 shall be imposed by the county in all other areas of the county
325 except such municipality. No funds collected pursuant to this
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326 paragraph may be expended in a municipality which has adopted
327 such a resolution.
328 4.a. Before the county enacts an ordinance imposing the
329 levy, the county shall notify the governing body of each
330 municipality in which projects are to be developed pursuant to
331 sub-subparagraph 2.a., sub-subparagraph 2.b., sub-subparagraph
332 2.c., or sub-subparagraph 2.d. As a condition precedent to
333 receiving funding, the governing bodies of such municipalities
334 shall designate or appoint an authority that shall have the sole
335 power to:
336 (I) Approve the concept, location, program, and design of
337 the facilities or improvements to be built in accordance with
338 this paragraph and to administer and disburse such proceeds and
339 any other related source of revenue.
340 (II) Appoint and dismiss the authority's executive
341 director, general counsel, and any other consultants retained by
342 the authority. The governing body shall have the right to
343 approve or disapprove the initial appointment of the authority's
344 executive director and general counsel.
345 b. The members of each such authority shall serve for a
346 term of not less than 1 year and shall be appointed by the
347 governing body of such municipality. The annual budget of such
348 authority shall be subject to approval of the governing body of
349 the municipality. If the governing body does not approve the
350 budget, the authority shall use as the authority's budget the
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351 previous fiscal year budget.
352 c. The authority, by resolution to be adopted from time to
353 time, may invest and reinvest the proceeds from the convention
354 development tax and any other revenues generated by the
355 authority in the same manner that the municipality in which the
356 authority is located may invest surplus funds.
357 5. The charter county convention development levy shall be
358 in addition to any other levy imposed pursuant to this section.
359 5.6. A certified copy of the ordinance imposing the levy
360 shall be furnished by the county to the department within 10
361 days after approval of such ordinance. The effective date of
362 imposition of the levy shall be the first day of any month at
363 least 60 days after enactment of the ordinance.
364 6.7. Revenues collected pursuant to this paragraph shall
365 be deposited in a convention development trust fund, which shall
366 be established by the county as a condition precedent to receipt
367 of such funds.
368 Section 3. The Division of Law Revision is directed to
369 replace the phrase "the effective date of this act" wherever it
370 occurs in this act with the date this act becomes a law.
371 Section 4. This act shall take effect July 1, 2024.
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HB 1123
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1123 Unlawful Sale Of Alcoholic Beverages
SPONSOR(S): Bankson and others
TIED BILLS: IDEN./SIM. BILLS: SB 1090
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Phelps Hamon
Subcommittee
2) Judiciary Committee
3) Commerce Committee
SUMMARY ANALYSIS
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation of the
manufacturing, packaging, distribution, and sale of alcoholic beverages within the state. Any person who
wishes to sell alcohol must file an application with the Division, and contingent on approval, will be issued a
license. It is unlawful for any person to sell alcoholic beverages without a license from the Division and to sell
in a manner not permitted by her or his license. A person who violates this obligation is guilty of a
misdemeanor and subject to criminal penalties.
Local governments can establish a nuisance abatement board to hear public nuisance complaints and impose
administrative actions to address these public nuisances. Additionally, specified criminal activities may be
declared to be a public nuisance and such nuisance may be abated by order of a nuisance abatement board.
Communities across the state deal with illicit After Hour Clubs or hookah lounges that operate without a liquor
license or in violation of their license. These operations have attracted criminal activity involving dangerous
drugs and violent crimes.
The bill increases the criminal penalties for the unlicensed or unlawful sale of alcoholic beverages from a
misdemeanor to a felony of the third degree and a fine of not less than $5,000 and not more than $10,000. The
bill creates an additional punishment for any person who commits a second or subsequent violation punishable
by a felony of the second degree and must pay a fine of not less than $15,000 and not more than $20,000.
The bill provides additional grounds for local nuisance abatement boards to declare a place or premise a public
nuisance by permitting a board to declare a place or premise a public nuisance if used on more than two
occasions within a 6-month period as a cite of unlicensed or unlawful sale of alcohol beverages. Local boards
are authorized to prohibit specified nuisances, including the ordering the closure of any place or premises that
has been the site of certain specified nuisances.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1123.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Beverage Law
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for regulating the conduct, management, and operation
of the manufacturing, packaging, distribution, and sale of alcoholic beverages 1 within the state. 2
Chapters 561-565 and 567-568, F.S., comprise Florida’s Beverage Law. The Division is also
responsible for the administration and enforcement of tobacco products under ch. 569, F.S.
Any person who wishes to sell alcohol must first file a sworn application with the Division. 3 After the
application has been filed, the application will be fully investigated. 4 Upon completion of the
investigation, the Division shall approve or disapprove the application; if approved, the license shall be
issued upon payment to the division of the license tax hereinafter provided. 5
It is unlawful for any person to sell alcoholic beverages without a license from the Division and to sell in
a manner not permitted by her or his license. 6 In addition, a licensee or other person who keeps or
possesses alcoholic beverages not permitted to be sold by her or his license, or not permitted to be
sold without a license, with intent to sell or dispose of same unlawfully, or who keeps and maintains a
place where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second degree. 7
It is also unlawful for any person to operate as an exporter 8 of alcoholic beverages within the state
without registering as an exporter pursuant to s. 561.17, F.S. 9 A person who violates this prohibition is
guilty of a misdemeanor of the second degree. 10
Nuisance Abatement
Section 893.138, F.S., allows local governments to establish a nuisance abatement board to hear
public nuisance complaints. These boards may impose administrative fines and other noncriminal
penalties to abate a violence-related, drug-related, prostitution-related, or stolen property-related public
nuisance and criminal gang activity, including a closure of the place or premises. 11
If a board declares a place or premises to be a public nuisance, it may enter an order requiring the
owner of such place or premises to adopt abatement procedures. 12 The board may also enter an order
immediately prohibiting: the maintaining of the nuisance; the operating or maintaining of the place or
premises, including the closure of the place or premises or any part thereof; or the conduct, operation,
or maintenance of any business or activity on the premises which is conducive to such nuisance. 13
1 Alcoholic beverages are distilled spirits and all beverages containing one-half of 1 percent or more alcohol by volume. S. 561.01(4)(a).
2 S. 561.02, F.S.
3 S. 561.17, F.S.
4 S. 561.18, F.S.
5 S. 561.19, F.S.
6 S. 562.12, F.S.
7 S. 562.12(1), F.S. A person convicted of a misdemeanor of the second degree shall not exceed $500. S. 775.083, F.S.
8 An “exporter” is “any person that sells alcoholic beverages to persons for use outside the state and includes a ship’s chandler and a
duty-free shop.” S, 561.01(16).
9 S. 562.12(2), F.S.
10 S. 561.12(2), F.S.
11 S. 893.138(1), F.S.
12 S. 893.138(5), F.S.
13 S. 893.18(5)(a)-(c), F.S.
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Additionally, s. 893.138(2), F.S., lists criminal activities which, if committed at any place or premises
during a specified period of time, may be declared to be a public nuisance, and such nuisance abated
by order of a nuisance abatement board. Those properties subject to nuisance abatement by the board
include any place or premises that has been used: 14
• On more than two occasions within a 6-month period, as the site of a violation of s. 796.07;
• On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery,
manufacture, or cultivation of any controlled substance;
• On one occasion as the site of the unlawful possession of a controlled substance, where such
possession constitutes a felony and that has been previously used on more than one occasion
as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;
• By a criminal gang for the purpose of conducting criminal gang activity as defined by s. 874.03;
• On more than two occasions within a 6-month period, as the site of a violation of s. 812.019
relating to dealing in stolen property;
• On two or more occasions within a 6-month period, as the site of a violation of chapter 499; or
• On more than two occasions within a 6-month period, as the site of a violation of any
combination of murder and other specified aggravated batteries.
These provisions may be supplemented by a county or municipal ordinance to: 15
• Impose additional penalties for public nuisances, including fines not to exceed $250 per day;
• Require the payment of reasonable costs, including reasonable attorney fees associated with
investigations of and hearings on public nuisances;
• Provide continuing jurisdiction for a period of one year over any place or premises that has been
or is declared to be a public nuisance;
• Impose penalties, including fines not to exceed $500 per day for recurring public nuisances;
• Require the recording of orders on public nuisances so that notice must be given to subsequent
purchasers, successors in interest, or assigns of the real property that is the subject of the
order;
• Provide that recorded orders on public nuisances may become liens against the real property
that is the subject of the order; and
• Provide for the foreclosure of property subject to a lien and the recovery of all costs, including
reasonable attorney fees, associated with the recording of orders and foreclosure. However a
lien may not be created to foreclose on real property which is a homestead under s. 4, Art. X of
the State Constitution.
A nuisance abatement board may also bring a complaint under s. 60.05, F.S. to seek temporary and
permanent injunctive relief against any nuisance described in s. 893.138(2), F.S. 16
Section 60.05, F.S., also provides a process for an Attorney General, state attorney, city attorney,
county attorney, sheriff, or any citizen of the county to sue in the name of the state on his or her relation
to enjoin the nuisance, the person or persons maintaining it, and the owner or agent of the building or
ground on which the nuisance exists. 17
Dangers of Illicit After Hour Clubs and Hookah Lounges
Communities across the state deal with illicit After Hour Clubs or hookah lounges that operate without a
liquor license or in violation of their license. 18 These operations have attracted criminal activity involving
dangerous drugs and violent crimes. 19
14 S. 893.138(2), F.S.
15 S. 893.138(11), F.S.
16 S. 893.138(8), F.S.
17 S. 60.05(1), F.S.
18 Cristobal Reyes, Orange sheriff announces proposed ‘legislative changes’ after 2 arrested in hookah lounge shooting,
Orlando Sentinel (Oct. 30, 2023), https://www.orlandosentinel.com/2023/10/30/orange-sheriff-announces-proposed-
legislative-changes-after-2-arrested-in-hookah-lounge-shooting/ (last visited Feb. 1, 2024).
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DATE: 2/4/2024
Effect of Bill
The bill increases the criminal penalties for persons selling alcoholic beverages without a license or not
in compliance with s. 561.12(1), F.S., from a misdemeanor to a third-degree felony. 20 And must pay a
fine of not less than $5,000 and not more than $10,000.
A person who commits a second or subsequent violation of s. 561.12(1), F.S., commits a felony of the
second degree 21 and must pay a fine of not less than $15,000 and not more than $20,000.
The bill amends s. 893.138(2), F.S., to provide that a place or premises may be declared a public
nuisance, if used on more than two occasions within a 6-month period, as the site of a violation of s.
562.12, F.S., relating to the unlicensed or unlawful sale of alcoholic beverages.
B. SECTION DIRECTORY:
Section 1: Amends s. 562.12, F.S., relating to beverages sold with improper license, or without
license or registration, or held with intent to sell prohibited.
Section 2: Amends s. 893.138, F.S., relating to local administrative action to abate certain activities
declared public nuisances.
Section 3: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
19 Id. (shooting occurred at a west Orlando hookah lounge that left three injuried); see also C.T. Bowen, Hillsborough
County bans late-night hookah lounges, Tampa Bay Times (Aug. 18, 2021),
https://www.tampabay.com/news/hillsborough/2021/08/18/hillsborough-county-bans-late-night-hookah-lounges/ (last
visited Feb. 1, 2024) (Hillsborough County commissioners unanimously approved an ordinance requiring lounges to close
at 3 a.m. after a string of violent incidents at or near hookah lounges).
20 A person convicted of a third-degree felony is punishable by a term of imprisonment not to exceed five years. S.
775.082, F.S. It is also punishable by a fine not to exceed $5,000.
21 A person convicted of a second-degree felony is punishable by a term of imprisonment not to exceed fifteen years. S.
775.082, F.S. It is also punishable by a fine not to exceed $10,000.
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DATE: 2/4/2024
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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DATE: 2/4/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1123 2024
1 A bill to be entitled
2 An act relating to unlawful sale of alcoholic
3 beverages; amending s. 562.12, F.S.; revising upward
4 the penalties associated with selling alcoholic
5 beverages without a license; providing for additional
6 criminal penalties for subsequent violations; amending
7 s. 893.138, F.S.; specifying conditions under which
8 sites that have violated the prohibition on the
9 unlawful sale of alcoholic beverages may be declared a
10 public nuisance; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsections (2) and (3) of section 562.12,
15 Florida Statutes, are renumbered as subsections (3) and (4),
16 respectively, subsection (1) is amended, and a new subsection
17 (2) is added to that section, to read:
18 562.12 Beverages sold with improper license, or without
19 license or registration, or held with intent to sell
20 prohibited.—
21 (1) It is unlawful for any person to sell alcoholic
22 beverages without a license, and it is unlawful for any licensee
23 to sell alcoholic beverages except as permitted by her or his
24 license, or to sell such beverages in any manner except that
25 permitted by her or his license; and any licensee or other
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26 person who keeps or possesses alcoholic beverages not permitted
27 to be sold by her or his license, or not permitted to be sold
28 without a license, with intent to sell or dispose of same
29 unlawfully, or who keeps and maintains a place where alcoholic
30 beverages are sold unlawfully, is guilty of a felony misdemeanor
31 of the third second degree, punishable as provided in s. 775.082
32 or s. 775.083 and shall pay a fine of not less than $5,000 and
33 not more than $10,000.
34 (2) A person who commits a second or subsequent violation
35 of subsection (1) commits a felony of the second degree
36 punishable as provided in s. 775.082 or s. 775.083 and shall pay
37 a fine of not less than $15,000 and not more than $20,000.
38 Section 2. Paragraphs (f) and (g) of subsection (2) of
39 section 893.138, Florida Statutes are amended, and paragraph (h)
40 of subsection (2) is added to that section, to read:
41 893.138 Local administrative action to abate certain
42 activities declared public nuisances.—
43 (2) Any place or premises that has been used:
44 (f) On two or more occasions within a 6-month period, as
45 the site of a violation of chapter 499; or
46 (g) On more than two occasions within a 6-month period, as
47 the site of a violation of any combination of the following:
48 1. Section 782.04, relating to murder;
49 2. Section 782.051, relating to attempted felony murder;
50 3. Section 784.045(1)(a) 2., relating to aggravated battery
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51 with a deadly weapon; or
52 4. Section 784.021(1)(a), relating to aggravated assault
53 with a deadly weapon without intent to kill; or,
54 (h) On more than two occasions within a 6-month period as
55 the site where a violation related to the unlawful sale of
56 alcoholic beverages under s. 562.12 occurred,
57
58 may be declared to be a public nuisance, and such nuisance may
59 be abated pursuant to the procedures provided in this section.
60 Section 3. This act shall take effect July 1, 2024.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1123-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1123 by Rep. Bankson
Unlawful Sale Of Alcoholic Beverages
AMENDMENT SUMMARY
February 6, 2024
Amendment 1 by Rep. Bankson (line 54):
• Changes the time period when there may be increased penalties for a subsequent
offense, to 2 times in a 12-month period, from two times in a 6-month period.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1123 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Bankson offered the following:
4
5 Amendment
6 Remove line 54 and insert:
7 (h) On more than two occasions within a 12-month period as
369829 - h1123-line 54.docx
Published On: 2/5/2024 2:39:47 PM
Page 1 of 1
HB 1185
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1185 Thermal Efficiency Standards for Unvented Attic and Unvented Enclosed Rafter
Assemblies
SPONSOR(S): Griffitts
TIED BILLS: IDEN./SIM. BILLS: SB 1130
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) Commerce Committee
SUMMARY ANALYSIS
The Florida Building Code (Building Code), Energy Conservation (EC Code), regulates the design and
construction of buildings for the effective use and conservation of energy over the useful life of each building.
The EC Code is intended to provide flexibility to permit the use of innovative approaches and techniques to
achieve this objective.
The Building Code and EC code requires that unvented attics and unvented enclosed roof framing assemblies
in residential homes must meet the following requirements:
• The unvented attic space is completely within the building thermal envelope.
• Where only air-impermeable insulation is provided, the insulation must be applied in direct contact with
the underside of the structural roof sheathing.
• The attic is built using R-30 insulation in Climate Zone 1, and R-38 insulation in Climate Zone 2.
• The home is verified as having an air leakage rate not exceeding seven air changes per hour (7
ACH50) in Climate Zones 1 and 2.
• If the home has an air leakage rate less than three air changes per hour (3 ACH50), the home must
have whole-house mechanical ventilation.
The bill provides that unvented attic and unvented enclosed rafter assemblies that are insulated and air sealed
with a minimum of R-20 air-impermeable insulation meet the requirements of the EC Code, if all of the
following apply:
• The building has a blower door test result of less than 3 ACH50.
• The building has a positive input ventilation system or a balanced or hybrid whole-house mechanical
ventilation system.
• If the insulation is installed below the roof deck and the exposed portion of roof rafters is not already
covered by the R-20 air-impermeable insulation, the exposed portion of the roof rafters is insulated by a
minimum of R-3 air-impermeable insulation unless directly covered by a finished ceiling. Roof rafters
are not required to be covered by a minimum of R-3 air-impermeable insulation if continuous insulation
is installed above the roof deck.
• All indoor heating, cooling, and ventilation equipment and ductwork is inside the building thermal
envelope.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1185.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum building standards were met. Local
governments could choose from four separate model codes. The state’s role was limited to adopting all
or relevant parts of new editions of the four model codes. Local governments could amend and enforce
their local codes, as they desired. 1
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 3
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 4
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council, 5 the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years. 6 The current edition of the Building Code is the
eighth edition, which is referred to as the 2023 Florida Building Code. 7
Building Thermal Envelope
The Florida Building Code, Energy Conservation (EC Code), regulates the design and construction of
buildings for the effective use and conservation of energy over the useful life of each building. The EC
Code is intended to provide flexibility to permit the use of innovative approaches and techniques to
achieve this objective. 8
The EC Code defines: 9
1 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 2, 2024).
2 Id.
3 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 2, 2024).
4 See s. 553.72(1), F.S.
5 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 2, 2024).
6 S. 553.73(7)(a), F.S.
7 Florida Building Commission, Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 2, 2024).
8 S. R101.1-101.3. FBC, Energy Conservation (8th Ed. 2023).
9 S. R202, FBC, Energy Conservation (8th Ed. 2023).
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DATE: 2/4/2024
• “Building thermal envelope” as the basement walls, exterior walls, floors, ceilings, roofs and any
other building element assemblies that enclose conditioned space or provide a boundary
between conditioned space and exempt or unconditioned space.
• “Conditioned space” as an area, room or space that is enclosed within the building thermal
envelope and that is directly or indirectly heated or cooled. Spaces are indirectly heated or
cooled where they communicate through openings with conditioned spaces; where they are
separated from conditioned spaces by uninsulated walls, floors or ceilings; or where they
contain uninsulated ducts, piping or other sources of heating or cooling.
The building thermal envelope for residential buildings must meet the requirements of ss. R402.1.1
through R402.1.5 of the EC Code, except the following low-energy buildings, or portions thereof,
separated from the remainder of the building by EC Code-compliant building thermal envelope
assemblies: 10
• Those with a peak design rate of energy usage less than 3.4 Btu/h · ft2 (10.7 W/m2) or 1.0
watt/ft2 of floor area for space-conditioning purposes.
• Those that do not contain conditioned space.
• Log homes designed in accordance with ICC-400.
Parts of a Roof
In general, a roof is composed of the following structures: 11
Roof sheathing, also called roof decking, are the wooden boards that make up the framing of a roof
system. These boards are what shingles and other roofing components are installed directly on. 12
Roof rafters are structural components of a roof on a building. Traditional rafters frame out the roof and
connect to the exterior walls, and land on a ridge board, which runs across the length of the building.
The result is a vaulted ceiling that can be filled with insulation and drywall to finish the space or be left
as open space in an attic. 13
Unvented Attics
10 S. R402.1, FBC, Energy Conservation (8th Ed. 2023).
11 Kimberly Magerl, 21 Different Parts of a Roof, Roof Gnome, Oct. 9, 2023, https://roofgnome.com/blog/roofing/different-parts-of-a-roof/
(last visited Feb. 4, 2024).
12 Bill Ragan, What is Roof Sheathing? (What You Need to Know About It), Bill Ragan Roofing Company, Aug. 31, 2022,
https://www.billraganroofing.com/blog/what-roof-sheathing (last visited Feb. 4, 2024).
13 MT Copeland, What Are Rafters?, Dec. 22, 2021, https://mtcopeland.com/blog/what-are-rafters/ (last visited Feb. 4, 2024).
STORAGE NAME: h1185.RRS PAGE: 3
DATE: 2/4/2024
Residences may be constructed with either a: 14
• Vented attic: With openings for outside air to ventilate the space underneath the roof with
insulation above the ceiling finish.
• Unvented attic: Without any opening underneath the roof–creating an unvented attic space with
insulation at the roof deck. The unvented attic is completely within the building thermal
envelope.
Unvented roof assemblies, such as conditioned attics and unvented cathedral ceilings, are created by
eliminating ventilation openings and moving the thermal (or insulation), moisture, and air control
boundaries to the plane of the roof deck. 15 Unvented attics are also typically built with the HVAC
system completely within the building thermal envelope. Insulation is usually a spray foam product that
also provides air sealing to create a semi-conditioned space. 16
Although the rationale for attic ventilation is for moisture control, this was historically based on needs in
cold climates and to prevent ice dams. However, vented attics can introduce additional moisture loads
into Florida homes by allowing moisture laden air in the attic that may come indoors. Unvented attics
can help to reduce moisture condensation on attic mounted ducts and air handlers by reducing the
moisture level of the air around the ducts and on the back side of ceiling drywall when low thermostat
set points are used.
Unvented attics offer the following potential advantages over vented attics: 17
• Energy Savings - An unvented attic is warmer in winter and cooler in summer, reducing the
HVAC load. The equipment will be more durable and more efficient, especially if ductwork is in
the attic.
• Moisture Resistance - The attic will stay dry, avoiding problems with mold and wood rot, and
thus can serve as living or storage space.
• Disaster Resistance - Roofs over unvented attics are less likely to be blown off in high winds
because the wind cannot readily enter the attic. In addition, a house in wildfire zones is less
likely to catch fire from floating embers since there are no soffit vents for the embers to enter. In
coastal areas, an unvented roof keeps out wind-driven rain and better protects metal connectors
in the roof assembly against salt spray and corrosion.
However, an unvented attic system can be more expensive than a vented attic, as it requires more
spray foam insulation, which means more cost. 18
An example of an unvented attic is pictured below: 19
14 University of Central Florida, Florida Solar Energy Center, Attic Insulation and Ventilation,
https://energyresearch.ucf.edu/research/buildings-research/roof-assembly/attic-insulation-ventilation/ (last visited Feb. 4, 2024).
15 U.S. Department of Energy, Unvented, Conditioned Attics, https://www.energy.gov/eere/buildings/articles/unvented-conditioned-
attics-building-america-top-
innovation#:~:text=Insulating%20and%20air%20sealing%20along,insulating%20along%20the%20ceiling%20deck%3A&text=Energy%
20Savings%20%2D%20An%20unvented%20attic,the%20attic%20(Rudd%202005). (last visited Feb. 4, 2024
16 UCF, supra note 14.
17 US Dept. of Energy, supra note 15.
18 Amanda Ringler, Vented vs. Unvented Attic: Which is Better?, RetroFoam of Michigan Inc., July 13, 2020,
https://www.retrofoamofmichigan.com/blog/vented-vs-unvented-attic-which-is-better (last visited Feb. 4, 2024).
19 U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Unvented Attic Insulation,
https://basc.pnnl.gov/resource-guides/unvented-attic-insulation#edit-group-description (last visited Feb. 4, 2024).
STORAGE NAME: h1185.RRS PAGE: 4
DATE: 2/4/2024
Air-impermeable Insulation
Permeable and impermeable air barrier membranes differ in their ability to block moisture: 20
• Impermeable air barriers block water vapor and air.
• Permeable air barriers block air but allow water vapor to move through the membrane,
promoting diffusion out of the wall system. Permeable air barriers offer varying permeability
rates and come as either sheet or fluid-applied membranes.
Air-impermeable insulation that is installed to the underside of the roof sheathing of an unvented roof is
typically spray foam.
Insulation for unvented attics applied under the sheathing is typically installed as follows: 21
R-Value
20 Cory Bendokas, Impermeable vs. Permeable Air Barriers: Main Differences, Build Meets World by Tremco CPG Inc.,
https://blog.buildmeetsworld.com/impermeable-vs-permeable-air-barriers (last visited Feb. 4, 2024).
21 Id.
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DATE: 2/4/2024
R-value is a measure of how much resistance insulation has to heat flow. The higher the R-value, the
more the resistance and the better the material is at insulating a home. Generally, insulation materials
with higher R-values cost more when compared to those with lower R-values. 22
Blower Door Tests
Blower door tests determine to what degree a home is airtight. A temporary “blower door” equipped
with a powerful fan is fitted into the frame of an existing front or back door, and when the fan is turned
on, it sucks the air out of the house and blows it outside. Digital gauges compare the difference in air
pressure between the inside air and the outside air to determine how much air is leaking into the
house. 23
The standard way to determine air tightness of a building is to measure air leakage at 50 Pascals
(ACH50) to the conditioned volume of the building. Air Change per Hour at 50 Pa (ACH50) is calculated
by dividing air flow per hour by the volume of the building. ACH50 tells us how many times per hour the
entire volume of air in the building is replaced when the building envelope is subjected to a 50 Pascal
pressure. The airtightness of existing homes can vary dramatically based on the construction style, age
and region. 24
Proper, tight air sealing of unvented attics is important for proper function. 25 Whole-house mechanical
ventilation is required for homes with a high air-tightness. 26
The chart below shows the relative tightness of homes based on the ACH50: 27
0 - 1.5 ACH Very tight
1.5 - 3 ACH Tight
3 - 5 ACH Moderately tight
5 - 7 ACH Loose
7 - 10 ACH Very loose
10 + ACH Extremely loose
Unvented Attics and Unvented Enclosed Roof Framing Assemblies
Section 806.5, Florida Building Code, Residential, for residential buildings, requires that unvented attics
and unvented enclosed roof framing assemblies created by ceilings that are applied directly to the
underside of the roof framing members and structural roof sheathing applied directly to the top of the
roof framing members or rafters, must be allowed if certain conditions are met, including: 28
• The unvented attic space is completely within the building thermal envelope.
• No interior Class I vapor retarders are installed on the ceiling side (attic floor) of the unvented
attic assembly or on the ceiling side of the unvented enclosed roof framing assembly.
• Insulation must comply with Item 5.1 and Item 5.3. As an alternative, where air-permeable
insulation is located on top of the attic floor or on top of the attic ceiling, insulation must comply
with Item 5.3 and Item 5.2.
22 Emily Glover and Samantha Allen, What Is Insulation R Value? Everything You Need To Know, Forbes, Jan, 20, 2022,
https://www.forbes.com/home-improvement/home/what-is-insulation-r-value/ (last visited Feb. 4, 2024).
23 Glenda Taylor and Bob Vila, All You Need to Know About Blower Door Tests, BobVila.com, Oct. 23, 2020,
https://www.bobvila.com/articles/blower-door-tests/ (last visited Feb. 4, 2024); Tyler Vanzo, Air Changes Per Hour (ACH): What is it &
How to Calculate it, SmartAir, Jan. 16, 2024, https://smartairfilters.com/en/blog/what-is-air-changes-per-hour-ach-how-to-calculate/ (last
visited Feb. 4, 2024).
24 The Energy Conservatory, TEST RESULTS AND SAMPLE TEST FORMS, https://energyconservatory.com/wp-
content/uploads/2017/08/Test-Results-and-Sample-Test-Forms-Guide-.pdf (last visited Feb. 4, 2024).
25 UCF, supra note 14.
26 Eric Martin and Charles Withers, Jr., Survey of Unvented Attics in Climate Zone 2A, University of Central Florida, Florida Solar
Energy Center, Mar. 17, 2021, https://publications.energyresearch.ucf.edu/wp-content/uploads/2021/02/FSEC-CR-2106-21.pdf (last
visited Feb. 4, 2024).
27 UCF, supra note 14.
28 S. R806.5, FBC, Residential (8th Ed. 2023).
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DATE: 2/4/2024
Item 5.1. provides requirements insulation depending on the air permeability of the insulation directly
under the structural roof sheathing. The following requirements are applicable to air-impermeable
insulation:
• Where only air-impermeable insulation is provided, it must be applied in direct contact with
the underside of the structural roof sheathing.
• Alternatively, sufficient rigid board or sheet insulation must be installed directly above the
structural roof sheathing to maintain the monthly average temperature of the underside of the
structural roof sheathing above 45°F (7°C). For calculation purposes, an interior air temperature
of 68°F (20°C) is assumed and the exterior air temperature is assumed to be the monthly
average outside air temperature of the three coldest months.
Item 5.2. provides requirements for air-permeable insulation, and Item 5.3.requires, where preformed
insulation board is used as the air-impermeable insulation layer, it must be sealed at the perimeter of
each individual sheet interior surface to form a continuous layer.
Section R402 of the EC Code
Insulation Requirements
In general, the EC Code requires residential ceilings, including ceilings with attics, to be built using R-
30 insulation in Climate Zone 1, and R-38 insulation in Climate Zone 2. 29
However, s. R402.1.2 of the EC Code, where R-38 insulation is required in the ceiling or attic, allows
installing R-30 over 100 percent of the ceiling or attic area requiring insulation to satisfy the requirement
for R-38 insulation wherever the full height of uncompressed R-30 insulation extends over the wall top
plate at the eaves.
Mechanical Requirements
Section R402 requires that a mechanical system of a residential building or dwelling unit must be
blower door tested in accordance with ANSI/RESNET/ICC 380, reported at a pressure of 50 pascals,
and verified as having an air leakage rate not exceeding seven air changes per hour (7 ACH50) in
Climate Zones 1 and 2.
Homes with an air leakage rate less than three air changes per hour (3 ACH50) must be provided with
whole-house mechanical ventilation. 30 All counties In Florida are either Climate Zone 1 or 2. 31
Types of Whole-house Ventilation Systems
Whole-house mechanical ventilation is the intentional exchange of indoor air with fresh outdoor air at a
controlled rate using fans. The purpose of whole-house mechanical ventilation is to improve indoor air
quality. Historically, mechanical ventilation was limited to local-exhaust (kitchen and bath exhaust fans)
for spot control of moisture and odors. Houses commonly had enough natural ventilation, through leaky
building enclosures, that whole-house mechanical ventilation was not necessary. Houses have become
significantly tighter during the past 15-20 years as a result of changing codes, energy efficiency
programs, and an overall desire to reduce energy use. Above-code programs and more recently the
building codes have generally made controlled whole-house mechanical ventilation a requirement. 32
Balanced
29 Table R402.1.2, FBC, Energy Conservation (8th Ed. 2023).
30 S. R402.4.1.2, FBC, Energy Conservation (8th Ed. 2023).
31 Table R301.1, FBC, Energy Conservation (8th Ed. 2023).
32 Home Innovation Research Labs, Whole-House Mechanical Ventilation Code: Safety and Performance Considerations, International
Code Council and National Association of Home Builders, October 2013, https://www.iccsafe.org/wp-
content/uploads/proclamations/TN01-Whole-House-Ventilation_pdf.pdf (last visited Feb. 3, 2024).
STORAGE NAME: h1185.RRS PAGE: 7
DATE: 2/4/2024
The exhaust-only ventilation method is when a fan, commonly an efficient bath fan, exhausts indoor air,
and outdoor makeup air is drawn into the house through leaks in the building enclosure. The supply-
only ventilation method is when a fan draws outdoor air into the house, and indoor air escapes through
the building enclosure and exhaust fan ducts. 33
A balanced whole-house mechanical ventilation system is a combination of exhaust and supply
methods providing approximately equal indoor exhaust and outdoor supply air flows, e.g., an exhaust
fan combined with a supply fan or passive inlet vents. A balanced system may include a heat recovery
ventilator (HRV) or an energy recovery ventilator (ERV). 34
Hybrid
A hybrid ventilation whole-house mechanical ventilation system is a recent concept that consists in
using the components and sizing of natural ventilation ducts coupled with non-constant low-pressure
mechanical assistance. Mechanical assistance is only used to supplement natural forces when
necessary. Natural forces means three different kinds of natural phenomena that cause air to move: 35
• Wind that can penetrate the dwelling through entrances and exists.
• Thermal draught where the airflow is produced by the density difference between the hot air and
the cold air, where the less dense hot air tends to rise and the denser cold air tends to go down.
• Aeraulic draught caused by the pressure difference linked to height, where the lower upright
pression creates a depression that enables the air to circulate in the dwelling.
The hybrid ventilation start is automatic; it can be activated by a temperature sensor, a wind vane or a
pressure switch. Fresh air is admitted through the humidity-controlled air inlets located in the dry rooms
(e.g., bedrooms and living room), and stale air is evacuated through the wet rooms (e.g., bathrooms
and kitchen) by humidity-controlled extraction grilles linked to the ventilation duct connected to the
fan. 36
Positive Input
A positive input ventilation system generally addresses ventilation issues in existing properties, such as
condensation, damp and mold. Positive input ventilation pumps and circulates fresh filtered air into a
house, forcing stale air out of the gaps and cracks in the fabric of the building. The unit is installed in
the loft area, and a distribution diffuser is mounted in the ceiling in the room below. The continual
supply and slight positive pressure result in the air in the property being continually diluted, displaced
and replaced to create a healthier indoor air quality. 37
Effect of the Bill
The bill provides thermal efficiency standards for unvented attic and unvented enclosed rafter
assemblies.
The bill provides that unvented attic and unvented enclosed rafter assemblies that are insulated and air
sealed with a minimum of R-20 air-impermeable insulation38 meet the requirements of sections R402
of the Florida Building Code, 8th Edition (2023), Energy Conservation, if all of the following apply:
• The building has a blower door test result of less than 3 ACH50.
• The building has a positive input ventilation system or a balanced or hybrid whole-house
mechanical ventilation system.
33 Id.
34 Id.
35 Aereco, How does hybrid ventilation work?, https://www.aereco.com/ventilation/ventilation-systems/hybrid-ventilation/ (last visited
Feb. 3, 2024).
36 Id.
37 Hugh Metcalf, Positive Input Ventilation Explained: Pros, Cons, Costs and More, Homebuilding & Renovating, Sep. 9, 2021,
https://www.homebuilding.co.uk/advice/positive-input-ventilation (last visited Feb. 3, 2024).
38 Current law requires R-30 or R-38, depending on Climate Zone.
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DATE: 2/4/2024
• If the insulation is installed below the roof deck and the exposed portion of roof rafters is not
already covered by the R-20 air-impermeable insulation, the exposed portion of the roof
rafters is insulated by a minimum of R-3 air-impermeable insulation unless directly covered by
a finished ceiling. Roof rafters are not required to be covered by a minimum of R-3 air-
impermeable insulation if continuous insulation is installed above the roof deck.
• All indoor heating, cooling, and ventilation equipment and ductwork is inside the building
thermal envelope.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 553.9065, F.S.; related to certain thermal efficiency standards.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow unvented attics and unvented enclosed rafter assemblies to be constructed cheaper
by reducing insulation requirements.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires updates to the Florida Building Code.
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DATE: 2/4/2024
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1185.RRS PAGE: 10
DATE: 2/4/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1185 2024
1 A bill to be entitled
2 An act relating to thermal efficiency standards for
3 unvented attic and unvented enclosed rafter
4 assemblies; creating s. 553.9065, F.S.; providing that
5 certain unvented attic and unvented enclosed rafter
6 assemblies meet the requirements of the Florida
7 Building Code, Energy Conservation; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 553.9065, Florida Statutes, is created
13 to read:
14 553.9065 Thermal efficiency standards for unvented attic
15 and unvented enclosed rafter assemblies.—Unvented attic and
16 unvented enclosed rafter assemblies that are insulated and air
17 sealed with a minimum of R-20 air-impermeable insulation meet
18 the requirements of sections R402 of the Florida Building Code,
19 8th Edition (2023), Energy Conservation, if all of the following
20 apply:
21 (1) The building has a blower door test result of less
22 than 3 ACH50.
23 (2) The building has a positive input ventilation system
24 or a balanced or hybrid whole-house mechanical ventilation
25 system.
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1185-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1185 2024
26 (3) If the insulation is installed below the roof deck and
27 the exposed portion of roof rafters is not already covered by
28 the R-20 air-impermeable insulation, the exposed portion of the
29 roof rafters is insulated by a minimum of R-3 air-impermeable
30 insulation unless directly covered by a finished ceiling. Roof
31 rafters are not required to be covered by a minimum of R -3 air-
32 impermeable insulation if continuous insulation is installed
33 above the roof deck.
34 (4) All indoor heating, cooling, and ventilation equipment
35 and ductwork is inside the building thermal envelope.
36 Section 2. This act shall take effect July 1, 2024.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1185-00
HB 1189
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1189 Corporate Actions
SPONSOR(S): Abbott
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Fletcher Anstead
Subcommittee
2) Civil Justice Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Corporations that do business within Florida are governed by the requirements in the Florida Business
Corporation Act, a law that is modeled after the Model Business Corporation Act promulgated by the American
Bar Association in 1950.
The Department of State is the state’s central location responsible for receiving and maintaining a number of
corporate records. Florida law requires certain documents to be filed with the Division of Corporations (division)
of the DOS in order for a business to be organized as a corporation, partnership, limited liability company
(LLC), or other business/commercial entity.
The bill provides a statutory ratification procedure for corporate actions that may not have been properly
authorized and for shares that may have been improperly issued. These improperly authorized corporate
actions, that would otherwise be proper, are called defective corporate actions.
The bill provides a statutory ratification process that is intended to supplement common law ratification.
Subsequent ratified defective corporate actions, under these proposed provisions, would remain subject to
equitable review. The ratification procedure is intended to be available only where there is objective evidence
that a corporate action was defectively implemented. The bill gives specified affected parties the ability to file
motions in the circuit court of the applicable county.
The bill also provides a statutory method, though filing a single composite statement, for a registered agent to
resign from more than one corporate entity at a time, if the specified entity has been inactive for 10 years or
longer. The bill applies to the following business entity types:
• LLCs and foreign LLCs;
• Corporations and foreign corporations;
• Nonprofit corporations; and
• Limited partnerships and foreign limited partnerships.
The bill keeps the fee to file the registered agent resignation the same for the above listed business entity
types, even if filing to resign from more than one entity at a time.
The bill has no impact on local government expenses and revenues. It has an indeterminable negative impact
on state government revenues and an indeterminate positive impact on the private sector.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Corporations that do business within Florida are governed by the requirements in the Florida Business
Corporation Act, a law that is modeled after the Model Business Corporation Act (MBCA) promulgated
by the American Bar Association (ABA) in 1950. 1
Limited Liability Companies (Chapter 605)
A Limited Liability Company (LLC) is a type of business entity recognized by and regulated under
chapter 605, F.S., the Florida Revised Limited Liability Company Act. Benefits to forming a business as
an LLC include a flexible tax structure and a vertical liability shield, which limits the personal liability of
the LLC’s members and managers for company obligations. Currently, LLCs are the most popular
business entity in Florida, with over 2 million active LLCs as of 2023. 2
Corporations for Profit (Chapter 607)
A for profit corporation is a type of business entity recognized and regulated under chapter 607, F.S. In
order for a corporation to organize, the entity must file articles of incorporation, including specifics such
as a corporate name, address, number of shares, and the designation of a registered office and agent. 3
Corporations Not for Profit (Chapter 617)
A corporation not for profit is a type of business entity recognized and regulated under chapter 617,
F.S. The structure of corporations not for profit are similar to for profit corporations, needing the filing of
articles of incorporation.
The Department of State
The Department of State (DOS) is the state’s central location responsible for receiving and maintaining
a number of corporate records. Florida law requires certain documents to be filed with the Division of
Corporations (division) of the DOS in order for a business to be organized as a corporation,
partnership, LLC, or other business/commercial entity. Business entities can file these documents and
check their status through an internet portal that is maintained by the division.
Fees
In order to help maintain these records, the DOS is statutorily allowed to collect fees. Florida’s fee
requirements for business entities are some of the most competitive in the United States; where a
corporation in Delaware (the state with the most incorporations, because of their notoriously pro-
business laws) will pay no less than $175 and no more than $200,000 in annual fees, Florida only
requires an aggregate of $150 in fees per year. 4
In 2013, the Legislature passed a law to make fees more uniform across the various business law
chapters. However, each specific type of business entity should be aware of the various fees
associated with their respective business organization chapter.
1 See generally Chapter 607, F.S.
2 Florida Department of State, Division of Corporations Yearly Statistics, available at https://dos.fl.gov/sunbiz/about-
us/yearly-statistics/ (last visited January 2024).
3 Section 607.0202, F.S.
4 U.S. Securities and Exchange Commission, Schedule 14-A, Saga Communications, Inc. Proxy Statement (Apr. 16,
2020), available at https://www.sec.gov/Archives/edgar/data/0000886136/000110465921050534/tm2111304-
1_def14a.htm, (last visited January 22, 2024).
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The relevant fees for the bill are as follows: 5
Corporation Fees
New Florida/Foreign Corporation
Filing Fees $35.00
Registered Agent Designation $35.00
Annual Reports
Annual Report of a For Profit Corporation $150.00
Annual Report of Not For Profit Corporation $61.25
Resignation of Agent
Resignation of Registered Agent of an Active Corporation $87.50
Resignation of Registered Agent of an Administratively $35.00
Dissolved/Voluntarily Dissolved/Withdrawn
Corporation/Inactive Corporation
Limited Liability Company Fees
New Florida/Foreign LLC
Filing Fee $100.00
Registered Agent Designation Fee $25.00
Annual Reports
Annual Report $138.75
Resignation of Agent
Resignation of Registered Agent for an active LLC $85.00
Resignation of Registered Agent for a dissolved/inactive $25.00
LLC
Defective Corporate Actions
Under the Florida Business Corporation Act, there are certain requirements that a corporation must
establish in order to be considered a valid corporation and properly authorized. For instance, a
corporation must file its articles of incorporation with the DOS to transact business in the state. If a
corporation does not file those articles of incorporation or does not include the requirements of the
articles of incorporation, they are not entitled to filing by the department and may be considered an
invalid corporation. 6
Additionally, a corporation could have filed all documents correctly, but made an error in the
appointment of their board of directors. Subsequent actions by the corporation, after that incorrect
appointment of the board of directors, may be considered invalid. Another potential scenario of a
defective corporate action may arise when a corporation issues shares but did not adhere to the correct
share issuing guidelines. Any subsequent action, after that incorrect share issuance, may be
considered invalid.
Being an invalid corporation can also be referred to as being a defective corporation or an unauthorized
corporation. However, because of their nature, corporations, whether it be the incorporator, the board
of directors, an officer or agent of the corporation, or the shareholders, can take actions even though
the corporation is technically defective, unauthorized, or invalid.
When an unauthorized or defective corporation takes an action, such as improperly issuing shares, a
legal situation can arise. For example, a corporation that is trying to make a business deal with another
entity or raise capital usually has to reveal certain corporate records for the other parties due diligence,
discovering a defective corporate action can immediately halt a transaction or potential transaction. If a
business deal has already been agreed upon prior to the discovering the defective corporate action,
legal issues can arise.
5 The Florida Department of State, Division of Corporations, Fees, available at https://dos.fl.gov/sunbiz/forms/fees/, (last
visited January 22, 2024).
6 Section 607.0120(1), F.S.
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Currently, disputed acts or defective share issuances that are carried out by a defective or
unauthorized corporation are governed by common law in the court system. These disputes can cost
business entities time and money to resolve, in addition to the time and resources that have to be
allocated by the state via the court system.
Amending Articles of Incorporation
The articles of incorporation govern a corporation. A corporation can amend or add as many articles of
incorporation as necessary. 7 The amendment of an articles of incorporation must be adopted and
approved. The adopting and approving can be done several ways, including, through the provided
method in the articles of incorporation, either by the incorporators or board of directors, if shareholder
action is not required, or by the shareholders or shareholders through voting groups. 8
The amendment can be done in one single amendment form for a fee of $35.00. 9 This form, called the
articles of amendment form, must be signed and delivered to the DOS, among other specific
requirements laid out in statute. 10
Active vs Dissolved Business Entities
The division annually assigns an accompanying status to business entities based on that business
entities’ filings and payment of fees. When a business entity pays their filing fees and files their initial
required filings, (for an LLC it is their articles of organization, and for a corporation it is their articles of
incorporation) the division will review the filings and if everything is satisfied the business entity will be
assigned an “active” status.
After the initial filings to begin the business entity, a business entity is considered “active” when it has
filed the annual report and paid the associated fee. Typically in the fall, the division will go through all of
their filings and determine if a business entity is up to date in all of their filings and fees. If the division
does not have the required information and associated fee on record they will assign the business
entity an “inactive” status and the business entity will be administratively dissolved or administratively
revoked. 11
A business entity can determine their status by logging in to the online portal operated by the DOS, or
they can file and pay to have the DOS send them a certificate of status, for a $5 fee for an LLC or an
$8.75 fee for a corporation. 12
A business entity may file a reinstatement application, accompanied with the associated fee, to
reactivate their business status and become an “active” business entity again.
Registered Agents
Generally, one of the statutory requirements that a business entity must meet is designating a
registered agent. 13 A registered agent must be an individual who resides in this state whose business
address is identical to the address of the registered office. 14 The registered agent must also be
available at that Florida address during normal business hours and promptly forward any significant
legal or state documents to the business. Registered agents are required to serve as the contact for the
7 Section 607.1001, F.S.
8 Section 607.1003(1-9), F.S., provides various methods for amending the articles of incorporation.
9 Florida Department of State, Division of Corporations, Articles of Amendment form, available at
https://form.sunbiz.org/pdf/cr2e011.pdf, (last visited on January 22, 2024).
10 Section 607.1006, F.S.
11 Note that a general partnership is not required to file an annual report or pay an annual report fee.
12 For LLCs see section 605.0213(12), F.S., and for Corporations see section 607.0122(19), F.S.
13 S. 607.0501, F.S.
14 Id.
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business entity that receives service of process, legal notifications, and other official state documents
for a business entity.
The DOS is required to maintain an accurate record of the registered agent and registered office for
service of process, and must promptly furnish any information disclosed thereby upon request and
payment of the required fee. 15 An individual within the business may serve as the entity’s registered
agent. Additionally, a business entity with an active Florida filling or registration may serve as a
registered agent, however an entity cannot serve as its own registered agent.
Additionally, if a business entity does not appoint and maintain a registered agent, the DOS may
administratively dissolve that business entity. 16
In Florida, a registered agent is required for the following:
• Limited Liability Companies;
• Corporation/Foreign Corporation (for profit);
• Corporation/Foreign Corporation (not for profit);
• Limited Partnerships (domestic and foreign); and
• Limited Liability Partnerships (domestic and foreign). 17
In order for a registered agent to resign as the registered agent of the business entity, the registered
agent must complete a specific form, accompanied by the payment of the fee, and mail it in to the
division. Currently, a registered agent must pay a separate fee to resign as a registered agent of each
business entity, separately.
Effect of the Bill
Ratification of Defective Corporate Actions
The bill creates:
• Required procedures for ratifying a defective corporate action.
• Filing requirements for ratifying a defective corporate action.
• Provisions contemplating the jurisdiction and process for judicial proceedings regarding the
validity of corporate actions.
Procedural Requirements
The bill creates definitions for certain terms, including:
• “Corporate action,” which is defined as any action taken by or on behalf of a corporation,
including any action taken by the incorporator the board of directors, a committee of the board
of directors, an officer or agent of the corporation, or the shareholders;
• “Defective corporate action,” which is defined as any corporate action purportedly taken which
is, and at the time such corporate action was purportedly taken would have been, within the
power of the corporation, but is void or voidable due to a failure of authorization; or an
overissue; and
• “Failure of authorization,” which is defined as the failure to authorize, approve, or otherwise
effect a corporate action in compliance with this chapter, the corporation’s articles of
incorporation or bylaws, a corporate resolution, or any plan or agreement to which the
corporation is a party, if and to the extent such failure would render such corporate action void
or voidable.
15 Id.
16 For limited partnerships, s. 620.1809, F.S. governs.
17 Note that a general partnership is not required to have a registered agent. Section 620.8301, F.S., states that each
general partner is an agent of the partnership. (Note that a general partnership can still designate a separate registered
agent, through their initial general partnership registration form, but partners of the general partnership are deemed to be
agents and therefore the statutes do not require a general partnership to have a registered agent.)
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Under the bill, a defective corporate action is not void or voidable if the defective corporate action was
ratified (under the ratification requirements that are proposed by the bill.) The bill also emphasizes that
the ratification process for a defective corporate action is not the exclusive means of ratifying or
validating any defective corporate action.
Additionally, the bill provides that an overissue of shares over and above the number authorized in the
corporation’s articles of incorporation can be remedied by the adoption of an amendment to the articles
of incorporation or other corporate action that authorizes or creates the putative shares that resulted in
the overissue. This provision enables a corporation to cure an overissue occurring when shares have
been duly authorized but are issued before articles of amendment are filed.
PROCEDURE FOR RATIFYING DEFECTIVE CORPORATION ACTIONS
The bill specifies steps that a corporation must take to remedy a defective corporate action. This
includes stating:
• The defective corporate action to be ratified;
• The number and type of putative shares purportedly issued (if shares were issued);
• The date of the defective corporate action;
• The nature of the failure of authorization; and
• The approval of the ratification of the defective corporate action by the board of directors.
This bill provides a similar mechanism as described above for a scenario where the defective corporate
action to be ratified relates to the election of the initial board of directors of the corporation. In this
described scenario, the bill provides that after the board of directors takes action, it must refer the
matter to shareholders for approval. The bill allows the board of directors to abandon ratification even
after approval without further action.
PROCEDURE FOR ACTION ON RATIFICATION
The bill sets forth specific procedural requirements for the ratification of defective corporate actions.
Specifically, the board of directors are subject to the same quorum and voting requirements for the
ratification process that exist at the time such ratifying action is taken and that notice, of whether the
defective corporate action is to be ratified at a meeting or by written consent, is required to be given to
shareholders. The bill also provides notice requirements for whether the corporate action is to be
ratified by written consent.
If the shareholders are meeting to ratify the election of a director, or if the ratification is through written
consent, the bill requires that it must be approval by a majority vote. The bill clarifies that putative
shares existing on the record date are only entitled to notice of matters relating to ratification and that
such shares are not:
• Entitled to vote,
• Counted for quorum purposes, nor
• Counted in any written consent and that to ratify putative shares, an amendment to the articles
of incorporation must be approved.
NOTICE REQUIREMENTS
The bill creates notice requirements to shareholders and holders of putative shares when shareholder
action to approve the ratification of the defective corporate action is not required. The bill requires
“prompt” notice to shareholders following the ratification of a corporate action by the board of directors.
The bill provides for exceptions to the notice requirements, specifically, that notice is not required to be
submitted to shareholders if notice is given pursuant to other applicable law, and a disclaimer that
notice required by this section may be given in any manner that is authorized, and in the case of a
public company, notice may be given by any means required by the United States Securities and
Exchange Commission.
EFFECTS OF RATIFICATION
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The bill specifies that the following provisions apply upon the validation effective time, without regard to
the 120-day period during which a claim may be brought pursuant to other applicable law:
• Each defective corporate action ratified is not void or voidable as a result of the failure of
authorization set forth and identified, and is deemed a valid corporate action effective as of the
date of the defective corporate action.
• The issuance of each putative share or fraction of a putative share purportedly issued pursuant
to a defective corporate action identified in the action taken is not void or voidable, and each
such putative share is deemed to be an identical share or fraction of a valid share as of the time
it was purportedly issued.
• Any corporate action taken subsequent to the defective corporate action ratified in reliance on
such defective corporate action having been validly effected, and any subsequent defective
corporate action resulting from such original defective corporate action, is valid as of the
respective time such corporate action was taken.
This bill clarifies that any corporate action that was taken, subsequent to the defective corporate action
that was ratified, in reliance on such defective corporate action and any subsequent defective corporate
action resulting directly or indirectly from such original defective corporate action, is valid as of the
respective time such corporate action was taken.
Filing Requirements
The bill establishes a new filing requirement (articles of validation) for defective corporate actions
ratified that would have normally required a filing, regardless of whether or not the filing was properly
made. The bill provides specific requirements for the content of the articles of validation, including that
the articles of validation must be filed with the DOS and that the articles of validation will serve to
amend or be a substitute for any other filings related to the defective corporate action.
Judicial Proceedings
The bill confers jurisdiction on the circuit court in the applicable county to hear and determine claims
regarding the validity of any corporate action. The bill provides that it can be a successor thereto, a
director of a corporation, or any shareholder of the corporation that can make the filing to a court to
determine the validity of any corporate action and that when the filing is made, the court may make any
findings or orders it deems proper under the circumstances.
Additionally, the bill clarifies that service of process for any of these such proceedings should follow the
same rules as set forth in ch. 48, F.S., 18 and that any action brought forth must be done so within 120
days after the validation effective time. The bill also sets forth a non-exclusive list of various factors that
may be considered by the court and certain actions that the court may decide for determinations on the
validity of the challenged corporate action.
Resignation of a Registered Agent
The bill amends the requirements relating to the resignation of registered agents for certain entities and
amends the fees related to such resignations.
Inactive Entities
INACTIVE LLCS AND FOREIGN LLCS
The bill creates a mechanism for a registered agent to resign as the registered agent of more than one
inactive limited liability company (LLC) or inactive foreign LLC, that has been inactive for 10 years or
longer, through a single composite statement. Additionally, the bill sets forth requirements that the
composite resignation statement should contain the name of each inactive or dissolved company and
18 Chapter 48, F.S., codifies Florida’s Rules of Civil Procedure relating to process and service of process.
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the date of the respective companies’ dissolution or inactivity. The resignation statement, or composite
resignation statement, if resigning from two or more companies at a time, once filed with the DOS, must
also be delivered to the company or each respective companies’ current mailing address as it appears
in the records of the DOS.
INACTIVE CORPORATIONS
The bill creates a mechanism for a registered agent of more than one inactive corporation that has
been inactive for 10 years or longer, through a single composite statement. Additionally, the bill sets
forth requirements that the composite resignation statement should contain the name of each inactive
or dissolved corporation and the date of the respective corporation’s dissolution or inactivity. The
resignation statement, or composite resignation statement, if resigning from two or more corporations
at a time, once filed with the DOS, must also be delivered to the corporation or each respective
corporations’ current mailing address as it appears in the records of the DOS.
INACTIVE FOREIGN CORPORATIONS
The bill creates a mechanism for a registered agent of more than one inactive foreign corporation that
has been inactive for 10 years or longer, through a single composite statement. Additionally, the bill
sets forth requirements that the composite resignation statement should contain the name of each
inactive or dissolved foreign corporation and the date of the respective foreign corporation’s dissolution
or inactivity. The resignation statement, or composite resignation statement, if resigning from two or
more corporations at a time, once filed with the DOS, must also be delivered to the corporation or each
respective corporations’ current mailing address as it appears in the records of the DOS.
INACTIVE NONPROFIT CORPORATIONS
The bill creates a mechanism for a registered agent of more than one inactive nonprofit corporation that
has been inactive for 10 years or longer, through a single composite statement. Additionally, the bill
sets forth requirements that the composite resignation statement should contain the name of each
inactive or dissolved corporation and the date of the respective corporation’s dissolution or inactivity.
The resignation statement, or composite resignation statement, if resigning from two or more
corporations at a time, once filed with the DOS, must also be delivered to the corporation or each
respective corporations’ current mailing address as it appears in the records of the DOS.
INACTIVE LPS AND FOREIGN LPS
The bill creates a mechanism for a registered agent to resign as the registered agent of more than one
inactive limited partnership (LP) or inactive foreign LP, that has been inactive for 10 years or longer,
through a single composite statement. Additionally, the bill sets forth requirements that the composite
resignation statement should contain the name of each inactive or dissolved company and the date of
the respective LPs or foreign LPs’ dissolution or inactivity. The resignation statement, or composite
resignation statement, if resigning from two or more partnerships at a time, once filed with the DOS,
must also be delivered to the partnership or each respective partnerships’ current mailing address as it
appears in the records of the DOS.
Fees
Lastly, the bill provides that the fee to resign as a registered agent of:
• A dissolved or inactive LLC is the same, regardless of whether one is resigning from one entity
or more than one entity.
• An inactive corporation is the same, regardless of whether one is resigning from one
corporation or more than one corporation.
• An inactive corporation is the same, regardless of whether one is resigning from one
corporation or more than one corporation.
B. SECTION DIRECTORY:
Section 1: Creates s. 607.0145, F.S.; relating to definitions.
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Section 2: Creates s. 607.0146, F.S.; relating to defective corporate actions.
Section 3: Creates s. 607.0147, F.S.; relating to ratification of defective corporate actions.
Section 4: Creates s. 607.0148, F.S.; relating to action on ratification.
Section 5: Creates s. 607.0149, F.S.; relating to notice requirements.
Section 6: Creates s. 607.015, F.S.; relating to effects of ratification.
Section 7: Creates s. 607.0151, F.S.; relating to filings.
Section 8: Creates s. 607.0152, F.S.; relating to judicial proceedings.
Section 9: Amends s. 605.0115, F.S.; relating to resignation of LLC registered agents.
Section 10: Amends s. 607.0503, F.S.; relating to resignation of corporation registered agents.
Section 11: Amends s. 607.1509, F.S.; relating to resignation of foreign corporation registered
agents.
Section 12: Amends s. 617.0502, F.S.; relating to resignation of corporation not for profit registered
agents.
Section 13: Amends s. 620.1116, F.S.; relating to resignation of limited partnership registered
agents.
Section 14: Amends s. 605.0213, F.S.; conforming a provision.
Section 15: Amends s. 607.0122, F.S.; conforming a provision.
Section 16: Amends s. 617.0122, F.S.; conforming a provision.
Section 17: Amends s. 605.0207, F.S.; conforming a provision.
Section 18: Amends s. 605.0113, F.S.; conforming a provision.
Section 19: Reenacts s. 658.23, F.S.
Section 20: Reenacts s. 607.0501, F.S.
Section 21: Reenacts s. 607.193, F.S.
Section 22: Reenacts s. 607.0120, F.S.
Section 23: Reenacts s. 607.1507 , F.S.
Section 24: Reenacts s. 39.8298, F.S.
Section 25: Reenacts s. 252.71, F.S.
Section 26: Reenacts s. 288.012, F.S.
Section 27: Reenacts s. 617.1807, F.S.
Section 28: Reenacts s. 617.2006, F.S.
Section 29: Reenacts s. 617.0501, F.S.
Section 30: Reenacts s. 617.0502, F.S.
Section 31: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill has an indeterminate negative impact on state government because the DOS is likely to
see a reduced amount in collected fees if a registered agent is able to resign from more than one
corporation at a time by only paying one fee, as opposed to current law which requires a registered
agent to pay a fee to resign from each corporation separately.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector because registered agents will be
able to resign from more than one corporation at a time by only paying one fee, as opposed to current
law which requires a registered agent to pay a fee to resign from each corporation separately.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not create rule-making authority nor require the promulgation of rules.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1189 2024
1 A bill to be entitled
2 An act relating to corporate actions; creating s.
3 607.0145, F.S.; defining terms; creating s. 607.0146,
4 F.S.; providing that a defective corporate action is
5 not void or voidable in certain circumstances;
6 providing that ratification or validation under
7 certain circumstances may not be deemed the exclusive
8 means of either ratifying or validating defective
9 corporate actions, and that the absence or failure of
10 ratification does not affect the validity or
11 effectiveness of certain corporate actions properly
12 ratified; providing for the validity of putative
13 shares in the event of an overissue; creating s.
14 607.0147, F.S.; requiring the board of directors to
15 take certain action to ratify a defective corporate
16 action; authorizing those exercising the powers of the
17 directors to take certain action when certain
18 defective actions are related to the ratification of
19 the election of the initial board of directors;
20 requiring members of the board of directors to seek
21 approval of the shareholders under certain conditions;
22 authorizing the board of directors to abandon
23 ratification at any time before the validation
24 effective time after action by the board and, if
25 required, approval of the shareholders; creating s.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1189 2024
26 607.0148, F.S.; providing quorum and voting
27 requirements for the ratification of certain defective
28 corporate actions; requiring the board to send notice
29 to all identifiable shareholders of a certain meeting
30 date; requiring that the notice state that a purpose
31 of the meeting is to consider ratification of a
32 defective corporate action; requiring the board to
33 send notice to all identifiable shareholders if the
34 ratification of the defective corporate action is to
35 be accomplished by consent of the shareholders;
36 specifying the quorum and voting requirements
37 applicable to ratification of the election of
38 directors; prohibiting holders of putative shares from
39 voting on ratification of any defective corporate
40 action and providing that they may not be counted for
41 quorum purposes or in certain written consent;
42 requiring approval of certain amendments to the
43 corporation's articles of incorporation under certain
44 circumstances; creating s. 607.0149, F.S.; requiring
45 that notice be given to shareholders of certain
46 corporate action taken by the board of directors;
47 providing requirements for such notice; providing
48 requirements for such notice for corporations subject
49 to certain federal reporting requirements; creating s.
50 607.015, F.S.; specifying the effects of ratification;
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HB 1189 2024
51 creating s. 607.0151, F.S.; requiring corporations to
52 file articles of validation under certain
53 circumstances; providing applicability; providing
54 requirements for articles of validation; creating s.
55 607.0152, F.S.; authorizing certain persons and
56 entities to file certain motions; providing for
57 service of process; requiring that certain actions be
58 filed within a specified timeframe; authorizing the
59 court to consider certain factors in resolving certain
60 issues; authorizing the courts to take certain actions
61 in cases involving defective corporate actions;
62 amending ss. 605.0115, 607.0503, 607.1509, 617.0502,
63 and 620.1116, F.S.; providing that a registered agent
64 may resign from certain limited liability companies or
65 foreign limited liability companies, certain inactive
66 or dissolved corporations, certain inactive or
67 dissolved foreign corporations, certain active or
68 inactive corporations, and certain limited
69 partnerships or foreign limited partnerships,
70 respectively, by delivering a specified statement of
71 resignation to the Department of State; providing
72 requirements for the statement; providing that a
73 registered agent who is resigning from one or more
74 such corporations, companies, or partnerships may
75 elect to file a statement of resignation for each such
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76 company, corporation, or partnership or a composite
77 statement; providing requirements for composite
78 statements; requiring that a copy of the each of the
79 statements of resignation or the composite statement
80 be mailed to the address on file with the department
81 for the company, corporation, or partnership or
82 companies, corporations, or partnerships, as
83 applicable; amending ss. 605.0213, 607.0122, and
84 617.0122, F.S.; conforming provisions to changes made
85 by the act; providing registered agents may pay one
86 resignation fee regardless of whether resigning from
87 one or multiple inactive or dissolved companies or
88 corporations; reenacting s. 605.0207, F.S., relating
89 to effective dates and times and to registered agents,
90 respectively, to incorporate the amendments made to s.
91 605.0115, F.S., in references thereto; amending s.
92 605.0113, F.S.; conforming a cross-reference;
93 reenacting s. 658.23(1), F.S., relating to submission
94 of articles of incorporation, to incorporate the
95 amendments made in s. 607.0122, F.S., in a reference
96 thereto; reenacting s. 607.0501(4), F.S., relating to
97 the registered offices and registered agents, to
98 incorporate the change made to s. 607.0503, F.S., in a
99 reference thereto; reenacting s. 607.193(2)(b), F.S.,
100 relating to supplemental corporate fees, to
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101 incorporate the amendments made in ss. 605.0213 and
102 607.0122, F.S., in references thereto; reenacting ss.
103 607.0120(9) and 607.1507(4), F.S., relating to filing
104 requirements and registered offices and agents of
105 foreign corporations, respectively, to incorporate the
106 amendments made to s. 607.1509, F.S., in references
107 thereto; reenacting ss. 39.8298(1)(a), 252.71(2)(a),
108 288.012(6)(a), 617.1807, and 617.2006(4), F.S.,
109 relating to the Guardian Ad Litem direct-support
110 organization, the Florida Emergency Management
111 Assistance Foundation, State of Florida international
112 offices, conversion to corporation not for profit, and
113 incorporation of labor unions or bodies, respectively,
114 to incorporate the amendment made in s. 617.0122,
115 F.S., in references thereto; reenacting s. 617.0501(3)
116 and 617.0503(1)(a), F.S., relating to registered
117 agents, to incorporate the amendment made to s.
118 617.0502, F.S., in references thereto; providing an
119 effective date.
120
121 Be It Enacted by the Legislature of the State of Florida:
122
123 Section 1. Section 607.0145, Florida Statutes, is created
124 to read:
125 607.0145 Definitions.—As used in ss. 607.0145-607.0152,
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126 the term:
127 (1) "Corporate action" means any action taken by or on
128 behalf of a corporation, including any action taken by the
129 incorporator, the board of directors, a committee of the board
130 of directors, an officer or agent of the corporation, or the
131 shareholders.
132 (2) "Date of the defective corporate action" means the
133 date, or, if the exact date is unknown, the approximate date, on
134 which the defective corporate action was purported to have been
135 taken.
136 (3) "Defective corporate action" means:
137 (a) Any corporate action purportedly taken which is, and
138 at the time such corporate action was purportedly taken would
139 have been, within the power of the corporation, but is void or
140 voidable due to a failure of authorization; or
141 (b) An overissue.
142 (4) "Failure of authorization" means the failure to
143 authorize, approve, or otherwise effect a corporate action in
144 compliance with this chapter, the corporation's articles of
145 incorporation or bylaws, a corporate resolution, or any pl an or
146 agreement to which the corporation is a party, if and to the
147 extent such failure would render such corporate action void or
148 voidable.
149 (5) "Overissue" means the purported issuance of:
150 (a) Shares of a class or series in excess of the number of
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151 shares of the class or series the corporation has the power to
152 issue under s. 607.0601 at the time of such issuance; or
153 (b) Shares of any class or series that is not then
154 authorized for issuance by the corporation's articles of
155 incorporation.
156 (6) "Putative shares" means the shares of any class or
157 series, including shares issued upon exercise of rights,
158 options, warrants or other securities convertible into shares of
159 the corporation, or interests with respect to such shares, which
160 were created or issued as a result of a defective corporate
161 action and which:
162 (a) Would constitute valid shares but for any failure of
163 authorization; or
164 (b) Cannot be determined by the board of directors to be
165 valid shares.
166 (7) "Valid shares" means the shares of any class or series
167 which have been duly authorized and validly issued, including as
168 a result of ratification or validation under ss. 607.0145-
169 607.0152.
170 (8) "Validation effective time," with respect to any
171 defective corporate action ratified under ss. 607.0145-607.0152,
172 means the later of the following:
173 (a) The date on which the ratification of the defective
174 corporate action is approved by the shareholders, or if approval
175 of shareholders is not required, the date on which the notice
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176 required by s. 607.0149 becomes effective in accordance with s.
177 607.0141;
178 (b) If no articles of validation are required to be filed
179 in accordance with s. 607.0151, the date on which the notice
180 required by s. 607.0149 becomes effective in accordance with s.
181 607.0141; or
182 (c) If articles of validation are required to be filed in
183 accordance with s. 607.0151, the date on which the articles of
184 validation filed in accordance with s. 607.0151 become
185 effective.
186 Section 2. Section 607.0146, Florida Statutes, is created
187 to read:
188 607.0146 Defective corporate actions.—
189 (1) A defective corporate action is not void or voidable
190 if:
191 (a) The defective corporate action was ratified in
192 accordance with the requirements of s. 607.0147, including the
193 filing, if required, of articles of validation pursuant to s.
194 607.0151; or
195 (b) The defective corporate action was validated pursuant
196 to s. 607.0152.
197 (2) Ratification pursuant to s. 607.0147 or validation
198 pursuant to s. 607.0152 may not be deemed to be the exclusive
199 means of ratifying or validating any defective corporate action,
200 and the absence or failure of ratification pursuant to ss.
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201 607.0145-607.0152 does not, in and of itself, affect the
202 validity or effectiveness of any corporate action properly
203 ratified under common law or otherwise, and it does not create a
204 presumption that any such corporate action is or was a defective
205 corporate action or is or was void or voidable.
206 (3) In the case of an overissue, putative shares are valid
207 effective as of the date originally issued or purportedly issued
208 upon:
209 (a) Adoption of an amendment to the articles of
210 incorporation authorizing, designating, or creating such shares
211 pursuant to ss. 607.0145-607.0152 and ss. 607.1001-607.1009; or
212 (b) Other corporate action taken under ss. 607.0145-
213 607.0152 ratifying the authorization, designation, or creation
214 of such shares.
215 Section 3. Section 607.0147, Florida Statutes, is created
216 to read:
217 607.0147 Ratification of defective corporate actions.—
218 (1) To ratify a defective corporate action under this
219 section, other than ratification of an election of the initial
220 board of directors under subsection (2), the board of directors
221 must ratify the action in accordance with s. 607.0148, stating
222 all of the following:
223 (a) The defective corporate action to be ratified and, if
224 the defective corporate action involved the issuance of putative
225 shares, the number and type of putative shares purportedly
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226 issued.
227 (b) The date of the defective corporate action.
228 (c) The nature of the failure of authorization with
229 respect to the defective corporate action that is the subject of
230 the ratification.
231 (d) That the board of directors approves the ratification
232 of the defective corporate action.
233 (2) In the event that a defective corporate action to be
234 ratified relates to the election of the initial board of
235 directors of the corporation under s. 607.0205(1)(b), a majority
236 of the persons who, at the time of the ratification, are
237 exercising the powers of directors may take an action stating
238 all of the following:
239 (a) The name of the person or persons who first took
240 action in the name of the corporation as the initial board of
241 directors of the corporation.
242 (b) The earlier of the dates on which either such persons
243 first took such action or were purported to have been elected to
244 the initial board of directors.
245 (c) That the ratification of the election of such person
246 or persons to the initial board of directors is approved.
247 (3) If any action taken pursuant to this section, the
248 corporation's articles of incorporation or bylaws, any corporate
249 resolution, or any plan or agreement in effect at the time of
250 the action to which the corporation is a party under subsection
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251 (1) requires shareholder approval, or would have required
252 shareholder approval, at the date of the occurrence of the
253 defective corporate action, the ratification of the defective
254 corporate action approved in the action taken by the directors
255 under subsection (1) must be submitted to the shareholders for
256 approval in accordance with s. 607.0148.
257 (4) Unless otherwise provided in the action taken by the
258 board of directors under subsection (1), after the action by the
259 board of directors has been taken and, if required, approved by
260 the shareholders, the board of directors may abandon the
261 ratification at any time before the validation effe ctive time
262 without further action of the shareholders.
263 Section 4. Section 607.0148, Florida Statutes, is created
264 to read:
265 607.0148 Action on ratification.—
266 (1) The quorum and voting requirements applicable to a
267 ratifying action by the board of directors under s. 607.0147(1)
268 are the quorum and voting requirements applicable to the
269 corporate action proposed to be ratified at the time such
270 ratifying action is taken.
271 (2)(a) If the ratification of the defective corporate
272 action requires approval by the shareholders under s.
273 607.0147(3), and if the approval is to be given at a meeting,
274 the corporation must notify each holder of valid and putative
275 shares that, regardless of whether entitled to vote as of the
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276 record date for notice of the meeting and as of the date of the
277 occurrence of the defective corporate action, approval is
278 required; however, such notice is not required to be given to
279 holders of valid or putative shares whose identities or
280 addresses for notice cannot be determined from the records of
281 the corporation. The notice must state that the purpose, or one
282 of the purposes, of the meeting is to consider ratification of a
283 defective corporate action.
284 (b) If the ratification of the defective corporate action
285 requires approval by the shareholders under s. 607.0147(3), and
286 if the approval is to be ratified by one or more written
287 consents of the shareholders, the corporation must notify each
288 holder of valid and putative shares as of the record date of the
289 action by written consent and as of the date of the occurrence
290 of the defective corporate action, regardless of whether
291 entitled to vote; however, notice is not required to be given to
292 holders of valid or putative shares whose identities or
293 addresses for notice cannot be determined from the records of
294 the corporation. The notice must state that the purpose, or one
295 of the purposes, of the written consent is to consider
296 ratification of a defective corporate action.
297 (c) The notice must be accompanied by both of the
298 following:
299 1. Either a copy of the action taken by the board of
300 directors pursuant to s. 607.0147(1)(a), or the information
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301 required pursuant to s. 607.0147(1)(a)-(d).
302 2. A statement that any claim asserting that the
303 ratification of such defective corporate action, and any
304 putative shares issued as a result of such defective corporate
305 action, are not effective, or may only be effective on certain
306 conditions, and must be brought within 120 days after the
307 applicable validation effective time.
308 (3) Except as provided in subsection (4) with respect to
309 the voting requirements to ratify the election of a director,
310 any quorum and voting requirements applicable to the approval by
311 the shareholders required by s. 607.0147(3) are those
312 applicable, at the time of such shareholder approval, to the
313 corporate action proposed to be ratified.
314 (4) The approval by shareholders at a meeting to ratify
315 the election of a director requires that the votes cast by the
316 voting group favoring such ratification exceed the votes cast by
317 the voting group opposing such ratification at a meeting at
318 which a quorum is present. Approval by shareholders by written
319 consent to ratify the election of a director requires that the
320 consents given by the voting group favoring such ratification
321 represent a majority of the shares of the voting group.
322 (5) Holders of putative shares on the record date for
323 determining the shareholders entitled to vote on any matter
324 submitted to shareholders under s. 607.0147(3), and without
325 giving effect to any ratification of putative shares which
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326 becomes effective as a result of such vote, are not entitled to
327 vote and may not be counted for quorum purposes in any vote to
328 approve the ratification of any defective corporate action.
329 Putative shares on the record date for the action by written
330 consent, and without giving effect to any ratification of
331 putative shares which becomes effective as a result of such
332 written consent, are not entitled to be counted in any written
333 consent to approve the ratification of any defective corporate
334 action.
335 (6) If approval under this section of putative shares
336 would result in an overissue, in addition to the approval
337 required by s. 607.0147, approval is also required of an
338 amendment to the corporation's articles of incorporation under
339 ss. 607.1001–607.1009 to increase the number of shares of an
340 authorized class or series or to authorize the creation of a
341 class or series of shares so there is no overissue.
342 Section 5. Section 607.0149, Florida Statutes, is created
343 to read:
344 607.0149 Notice requirements.—
345 (1) Unless shareholder approval is required under s.
346 607.0147(3), prompt notice of an action taken by the board of
347 directors under s. 607.0147 must be given to each holder of
348 valid shares and each holder of putative shares, regardless of
349 whether entitled to vote, which is a holder of valid shares or
350 putative shares as of:
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351 (a) The date of the action by the board of directors taken
352 under s. 607.0147; and
353 (b) The date of the occurrence of the defective corporate
354 action being ratified.
355 (2) Notice is not required to those holders of valid
356 shares or those holders of putative shares whose identities or
357 addresses for notice cannot be determined from the records of
358 the corporation.
359 (3) The notice must contain both of the following:
360 (a) Either a copy of the action taken by the board of
361 directors pursuant to s. 607.0147(1)(a) or the information
362 required by s. 607.0147(1)(a)-(d) or (2)(a), (b), and (c), as
363 applicable.
364 (b) A statement that, in order to be considered, any claim
365 asserting that the ratification of the defective corporate
366 action, and any putative shares issued as a result of such
367 defective corporate action, are not effective, or are effective
368 only on certain conditions, and must be brought within 120 days
369 after the applicable validation effective time.
370 (4) Notice is not required under this section with respect
371 to any action required to be submitted to shareholders for
372 approval pursuant s. 607.0147(3) if notice is given pursuant to
373 s. 607.0148(2).
374 (5) Notice required by this section may be given in any
375 manner authorized under s. 607.0141 and, for any corporation
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376 subject to the reporting requirements of ss. 13 or 15(d) of the
377 Securities Exchange Act of 1934, may be given by means of a
378 filing or furnishing of such notice with the United States
379 Securities and Exchange Commission.
380 Section 6. Section 607.015, Florida Statutes, is created
381 to read:
382 607.015 Effects of ratification.—The following provisions
383 apply upon the validation effective time, without regard to the
384 120-day period during which a claim may be brought pursuant to
385 s. 607.0152:
386 (1) Each defective corporate action ratified pursuant to
387 s. 607.0147 is not void or voidable as a result of the failure
388 of authorization set forth and identified pursuant to s.
389 607.0147(1) or (2) and is deemed a valid corporate action
390 effective as of the date of the defective corporate action.
391 (2) The issuance of each putative share or fraction of a
392 putative share purportedly issued pursuant to a defective
393 corporate action identified in the action taken pursuant to s.
394 607.0147 is not void or voidable, and each such putative share
395 is deemed to be an identical share or fraction of a valid share
396 as of the time it was purportedly issued.
397 (3) Any corporate action taken subsequent to the defective
398 corporate action ratified pursuant to ss. 607.0145-607.0152 in
399 reliance on such defective corporate action having been validly
400 effected, and any subsequent defective corporate action
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401 resulting directly or indirectly from such original defective
402 corporate action, is valid as of the respective time such
403 corporate action was taken.
404 Section 7. Section 607.0151, Florida Statutes, is created
405 to read:
406 607.0151 Filings.—
407 (1) If the defective corporate action ratified under ss.
408 607.0145-607.0152 would have required a filing under ss.
409 607.0145-607.0152, and either:
410 (a) Any previous filing requires any change to the filing
411 to give effect to the defective corporate action in accordance
412 with this section, including a change to the date and time of
413 the effectiveness of such filing; or
414 (b) A filing was not previously filed with respect to the
415 defective corporate action,
416
417 In lieu of a filing otherwise required under ss. 607.0145-
418 607.0152, the corporation must file articles of validation in
419 accordance with this section, and such articles of validation
420 will serve to amend or be a substitute for any other filing with
421 respect to such defective corporate action required under ss.
422 607.0145-607.0152.
423 (2) Articles of validation must specify all of the
424 following:
425 (a) The defective corporate action that is the subject of
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426 the articles of validation, including, in the case of any
427 defective corporate action involving the issuance of putative
428 shares, the number and type of putative shares issued and the
429 date or dates upon which such putative shares were purported to
430 have been issued.
431 (b) The date of the defective corporate action.
432 (c) The nature of the failure of authorization with
433 respect to the defective corporate action.
434 (d) A statement that the defective corporate action was
435 ratified pursuant to s. 607.0147, including the date on which
436 the board of directors ratified such defective corporate action
437 and, if applicable, the date on which the shareholders approved
438 the ratification of such defective corporate action.
439 (e)1. If a filing was previously made with respect to the
440 defective corporate action and such filing requires any change
441 to give effect to the ratification of such defective corporate
442 action pursuant to s. 607.0147:
443 a. The name, title, and filing date of the filing
444 previously made and any articles of correction for that filing;
445 b. A statement that a filing containing all of the
446 information required to be included under the applicable
447 provisions of this chapter to give effect to such defective
448 corporate action is attached as an exhibit to the articles of
449 validation; and
450 c. The date and time that such filing is deemed to have
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451 become effective.
452 2. If a filing was not previously made with respect to the
453 defective corporate action and the defective corporate action
454 ratified pursuant to s. 607.0147 would have required a filing
455 under any other provision of this chapter:
456 a. A statement that a filing containing all of the
457 information required to be included under the applicable
458 provisions of this chapter to give effect to such defective
459 corporate action is attached as an exhibit to the articles of
460 validation; and
461 b. The date and time that such filing is deemed to have
462 become effective.
463 Section 8. Section 607.0152, Florida Statutes, is created
464 to read:
465 607.0152 Judicial proceedings regarding validity of
466 corporate actions.—
467 (1) Subject to subsection (4), upon application by the
468 corporation, any successor entity to the corporation; a director
469 of the corporation; any shareholder, beneficial shareholder, or
470 unrestricted voting trust beneficial owner of the corporation,
471 including any such shareholder, beneficial shareholder, or
472 unrestricted voting trust beneficial owner as of the date of the
473 defective corporate action ratified pursuant to s. 607.0147; or
474 any other person claiming to be substantially and adversely
475 affected by a ratification pursuant to s. 607.0147 may file in
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476 the circuit court in the applicable county motions for any of
477 the following:
478 (a) A determination of the validity and effectiveness of
479 any corporate action or defective corporate action ratified
480 pursuant to s. 607.0147.
481 (b) A determination of the validity and effectiveness of
482 any ratification of any defective corporate action pursuant to
483 s. 607.0147.
484 (c) A determination of the validity and effectiveness of
485 any defective corporate action not ratified or not ratified
486 effectively pursuant to s. 607.0147.
487 (d) A determination of the validity of any putative
488 shares.
489 (e) A modification or waiver of any of the procedures
490 specified in s. 607.0147 or s. 607.0148 to ratify a defective
491 corporate action.
492 (2) Upon the filing of such a motion, the court may make
493 such findings or issue such orders as it deems proper under the
494 circumstances. Factors that the court may consider include, but
495 are not limited to, those set forth in subsections (5) and (6).
496 (3) Service of process of the application under subsection
497 (1) on the corporation may be made in any manner provided in
498 chapter 48 for service on a corporation, and no other party need
499 be joined in order for the court to adjudicate the matter. In an
500 action filed by the corporation, the court may require that
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501 notice of the action be provided to other persons specified by
502 the court and permit such other persons to intervene in the
503 action.
504 (4) Notwithstanding any other law to the contrary, an
505 action asserting that the ratification of a defective corporate
506 action, and any putative shares issued as a result of such
507 defective corporate action, is not effective, or may be given
508 effect only upon certain conditions, and must be brought within
509 120 days after the validation effective time.
510 (5) In determining judicial proceedings under this
511 section, the court may consider the following:
512 (a) Whether the defective corporate action was originally
513 approved or effectuated with the belief that the approval or
514 effectuation was in compliance with ss. 607.0145-607.0152, the
515 articles of incorporation, or the bylaws of the corporation.
516 (b) Whether the corporation and board of directors have
517 treated the defective corporate action as a valid act or
518 transaction and whether any person has acted in reliance on the
519 public record that such defective corporate action was valid.
520 (c) Whether any person will be or was harmed by the
521 ratification or validation of the defective corporate action,
522 excluding any harm that would have resulted if the defective
523 corporate action had been valid when approved or effectuated.
524 (d) Whether any person will be harmed by the failure to
525 ratify or validate the defective corporate action.
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526 (e) Whether the defective corporate action was a conflict
527 of interest transaction.
528 (f) Any other factors or considerations the court deems
529 just and equitable.
530 (6) The court may do any of the following in connection
531 with an action under this section:
532 (a) Declare that a ratification pursuant to s. 607.0147 is
533 not effective or is effective only at a time or upon conditions
534 established by the court.
535 (b) Validate and declare effective any defective corporate
536 action or putative shares and impose conditions upon such
537 validation.
538 (c) Require measures to remedy or avoid harm to any person
539 substantially and adversely affected by a ratification pursuant
540 to s. 607.0147 or by any order of the court pursuant to this
541 section, excluding any harm that may have resulted if the
542 defective corporate action had been valid when approved or
543 effectuated.
544 (d) Order the department to accept an instrument for
545 filing with an effective time specified by the court, which
546 effective time may be before or after the date of such order,
547 provided that the filing date of such instrument must be
548 determined in accordance with s. 607.0123.
549 (e) Approve a stock ledger for the corporation which
550 includes any shares ratified or validated pursuant to this
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551 section or s. 607.0147.
552 (f) Declare that the putative shares are valid shares or
553 require a corporation to issue and deliver valid shares in place
554 of any putative shares.
555 (g) Order that a meeting of holders of valid shares or
556 putative shares be held and exercise such powers as it deems
557 appropriate with respect to such a meeting.
558 (h) Declare that a defective corporate action validated by
559 the court is effective as of the date of the defective corporate
560 action or at such other time as determined by the court.
561 (i) Declare that putative shares validated by the court
562 are deemed to be identical valid shares or a fraction of valid
563 shares as of the date originally issued or purportedly issued or
564 at such other time as determined by the court.
565 (j) Require payment by the corporation of reasonable
566 expenses, including attorney fees and costs, as determined by
567 the court.
568 (k) Issue other orders as it deems necessary under the
569 circumstances.
570 Section 9. Subsections (2), (3), (4), and (5) of section
571 605.0115, Florida Statutes, are redesignated as subsections (3),
572 (4), (5), and (6), respectively, subsection (1) and present
573 subsection (2) are amended, and a new subsection (2) is added to
574 that section, to read:
575 605.0115 Resignation of registered agent.—
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576 (1) A registered agent may resign as agent for an active
577 limited liability company or a foreign limited liability
578 company, an inactive limited liability company or an inactive
579 foreign limited liability company, or for one or more inactive
580 limited liability companies or inactive foreign limited
581 liability companies that have been inactive for 10 years or
582 longer for a limited liability company or foreign limited
583 liability company by delivering for filing to the department a
584 signed statement of resignation. The statement of resignation
585 must contain: containing the name of the limited liability
586 company or foreign limited liability company.
587 (a) The name of the limited liability company or foreign
588 limited liability company; and
589 (b) If the limited liability company or foreign limited
590 liability company has been inactive or dissolved for 10 years or
591 longer, the date of the inactivity or the date of the
592 dissolution.
593 (2) If a registered agent is resigning from one or more
594 limited liability companies or foreign limited liability
595 companies that each have been inactive or dissolved for at least
596 10 years or longer, the registered agent may elect to file the
597 statement of resignation separately for each inactive or
598 dissolved limited liability company or foreign limited liability
599 company or may elect to file a single composite statement of
600 resignation covering two or more limited liability companies or
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601 foreign limited liability companies. Such composite statement of
602 resignation must set forth, for each inactive or dissolved
603 limited liability company or foreign limited liability company
604 covered by the statement of resignation, the name of each
605 limited liability company or foreign limited liability company
606 and each limited liability company's or foreign limited
607 liability company's date of dissolution or date of inactivity.
608 (3)(2) After delivering the statement of resignation to
609 the department for filing, the registered agent must promptly
610 mail:
611 (a) A copy of the statement to the limited liability
612 company's or foreign limited liability company's current mailing
613 address as it appears in the records of the department, if the
614 registered agent is resigning from one limited liability or
615 foreign limited liability company; or
616 (b) If the registered agent is resigning from more than
617 one limited liability company or foreign limited liability
618 company, a copy of either the composite statement of resignation
619 or a separate notice of resignation for the inactive or
620 dissolved limited liability companies or foreign limited
621 liability companies, using the current mailing address of the
622 respective companies as they appear in the records of the
623 department.
624 Section 10. Present subsections (2) through (5) of section
625 607.0503, Florida Statutes, are redesignated as subsections (3)
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626 through (6), respectively, a new subsection (2) is added to that
627 section, and subsection (1) and present subsection (2) of that
628 section are amended, to read:
629 607.0503 Resignation of registered agent.—
630 (1) A registered agent may resign as agent for an active a
631 corporation, an inactive corporation, or for one or more
632 inactive corporations that have been inactive for 10 years or
633 longer by delivering to the department for filing a signed
634 statement of resignation. The statement of resignation must
635 contain: containing
636 (a) The name of the corporation; and
637 (b) The date of the inactivity or the date of the
638 dissolution, if the corporation has been inactive or dissolved
639 for 10 years or longer.
640 (2) If a registered agent is resigning from one or more
641 corporations that each have been inactive or dissolved for 10
642 years or longer, the registered agent may elect to file the
643 statement of resignation separately for each inactive or
644 dissolved corporation or may elect to file a single composite
645 statement of resignation covering two or more corporations. Such
646 composite statement of resignation must set forth, for each
647 inactive or dissolved corporation covered by the statement of
648 resignation, the name of each corporation and each corporation's
649 date of dissolution or date of inactivity.
650 (3)(2) After delivering the statement of resignation to
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651 the department for filing, the registered agent must promptly
652 mail:
653 (a) A copy to the corporation at its current mailing
654 address as it appears in the records of the department, if the
655 registered agent is resigning from one corporation; or
656 (b) If the registered agent is resigning from more than
657 one corporation, a copy of either the composite statement of
658 resignation or a separate notice of resignation for the inactive
659 or dissolved corporation to the current mailing address of the
660 respective corporation as it appears in the records of the
661 department.
662 Section 11. Present subsections (2) through (5) of section
663 607.1509, Florida Statutes, are redesignated as subsections (3)
664 through (6), respectively, a new subsection (2) is added to that
665 section, and subsection (1) and present subsection (2) of that
666 section are amended, to read:
667 607.1509 Resignation of registered agent of foreign
668 corporation.—
669 (1) A registered agent may resign as agent for a foreign
670 corporation by delivering to the department for filing a signed
671 statement of resignation for an active foreign corporation, an
672 inactive foreign corporation, or for one or more inactive or
673 dissolved foreign corporations that have each been inactive or
674 dissolved for 10 years or longer. The statement of resignation
675 must contain: containing
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676 (a) The name of the foreign corporation; and
677 (b) If the foreign corporation has been inactive or
678 dissolved for 10 years or longer, the date that the foreign
679 corporation became inactive or the date of dissolution.
680 (2) A registered agent resigning from more than one
681 foreign corporation may elect to file the statement of
682 resignation separately for each inactive or dissolved foreign
683 corporation or may elect to file a single composite statement of
684 resignation covering two or more foreign corporations. Such
685 composite statement of resignation must set forth, for each
686 inactive or dissolved foreign corporation covered by the
687 statement of resignation, the name of the corporation and the
688 date of inactivity or date of dissolution of the foreign
689 corporation.
690 (3)(2) After delivering the statement of resignation to
691 the department for filing, the registered agent must promptly
692 mail:
693 (a) A copy to the foreign corporation at its current
694 mailing address as it appears in the records of the department,
695 if the registered agent is resigning from one foreign
696 corporation; or
697 (b) If the registered agent is resigning from more than
698 one foreign corporation, a copy of either the composite
699 statement of resignation or a separate notice of resignation for
700 the inactive or dissolved corporations to the current mailing
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701 address as it appears in the records of the department.
702 Section 12. Present subsections (3), (4), and (5) of
703 section 617.0502, Florida Statutes, are redesignated as
704 subsections (5), (6), and (7), respectively, new subsections
705 (3), (4), and (5) are added to that section, and subsection (2)
706 of that section is amended, to read:
707 617.0502 Change of registered office or registered agent;
708 resignation of registered agent.—
709 (2) A Any registered agent may resign his or her agency
710 appointment by signing and delivering for filing with the
711 Department of State a statement of resignation for an active
712 corporation or an inactive corporation, or for one or more
713 inactive or dissolved corporations that have been inactive or
714 dissolved for 10 years or longer. The statement of resignation
715 must contain:
716 (a) The name of the corporation; and
717 (b) The date of the inactivity or date of the dissolution,
718 if the corporation has been inactive or dissolved for 10 years
719 or longer.
720 (3) If a registered agent is resigning from one or more
721 corporations that have each been inactive or dissolved for 10
722 years or longer, the registered agent may elect to file the
723 statement of resignation separately for each inactive or
724 dissolved corporation or may elect to file a single composite
725 statement of resignation covering two or more corporations. Such
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726 composite statement of resignation must set forth, for each
727 inactive or dissolved corporation covered by the statement of
728 resignation, the respective name of the corporation and the date
729 of dissolution or date of inactivity of the corporation.
730 (4) After delivering the statement of resignation to the
731 department for filing, the registered agent must promptly mail:
732 (a) A copy to the corporation at its current mailing
733 address as it appears in the records of the department, if the
734 registered agent is resigning from one corporation; or
735 (b) A copy of either the composite statement of
736 resignation or a separate notice of resignation for the inactive
737 or dissolved corporation to the current mailing address of the
738 respective corporation as it appears in the records of the
739 department if the registered agent is resigning from more than
740 one corporation and mailing a copy of such statement to the
741 corporation at its principal office address shown in its most
742 recent annual report or, if none, filed in the articles of
743 incorporation or other most recently filed document. The
744 statement of resignation shall state that a copy of such
745 statement has been mailed to the corporation at the address so
746 stated.
747 (5) The agency is terminated as of the 31st day after the
748 date on which the statement was filed and unless otherwise
749 provided in the statement, termination of the agency acts as a
750 termination of the registered office.
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751 Section 13. Present subsections (2) and (3) of section
752 620.1116, Florida Statutes, are redesignated as subsections (3)
753 and (4), respectively, a new subsection (2) is added to that
754 section, and subsection (1) and present subsection (2) a re
755 amended, to read:
756 620.1116 Resignation of registered agent.—
757 (1) In order to resign as registered agent of a limited
758 partnership or foreign limited partnership, the agent must
759 deliver to the Department of State for filing a signed statement
760 of resignation for an active limited partnership or foreign
761 limited partnership, or more than one inactive or dissolved
762 limited partnership or foreign limited partnership that have
763 been inactive or dissolved for 10 years or longer containing the
764 following:
765 (a) The name of the limited partnership or foreign limited
766 partnership; and
767 (b) The date that the limited partnership or foreign
768 limited partnership became inactive or the date of dissolution,
769 if the limited partnership or foreign limited partnership has
770 been inactive or dissolved for 10 years or longer.
771 (2) If a registered agent is resigning from more than one
772 limited partnership or foreign limited partnership that each
773 have been inactive or dissolved for 10 years or longer, the
774 registered agent may elect to file the statement of resignation
775 separately for each inactive or dissolved limited partnership or
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776 foreign limited partnership or may elect to file a single
777 composite statement of resignation covering two or more limited
778 partnerships or foreign limited partnerships. Such composite
779 statement of resignation must, for each inactive or dissolved
780 limited partnership or foreign limited partnership, set forth
781 the respective name of the limited partnership or foreign
782 limited partnership and the date of dissolution or the date that
783 the limited partnership or foreign limited partnership became
784 inactive.
785 (3)(2) After filing the statement with the Department of
786 State, the registered agent shall mail:
787 (a) A copy to the limited partnership's or foreign limited
788 partnership's current mailing address as it appears in the
789 records of the department, if the registered agent is resigning
790 from one limited partnership or foreign limited partnership; or
791 (b) A copy of either the composite statement of
792 resignation or a separate notice of resignation for the inactive
793 or dissolved limited partnership or foreign limited partnership,
794 to the current mailing address of the respective limited
795 partnership or foreign limited partnership as it appears in the
796 records of the department if the registered agent is resigning
797 from more than one limited partnership or foreign limited
798 partnership.
799 Section 14. Subsection (9) of section 605.0213, Florida
800 Statutes, is amended to read:
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801 605.0213 Fees of the department.—The fees of the
802 department under this chapter are as follows:
803 (9) For filing a registered agent's statement of
804 resignation from inactive or a dissolved limited liability
805 companies company, $25.
806 Section 15. Subsection (7) of section 607.0122, Florida
807 Statutes, is amended to read:
808 607.0122 Fees for filing documents and issuing
809 certificates.—The department shall collect the following fees
810 when the documents described in this section are delivered to
811 the department for filing:
812 (7) Agent's statement of resignation from inactive
813 corporations an inactive corporation: $35.
814 Section 16. Subsection (7) of section 617.0122, Florida
815 Statutes, is amended to read:
816 617.0122 Fees for filing documents and issuing
817 certificates.—The Department of State shall collect the
818 following fees on documents delivered to the department for
819 filing:
820 (7) Agent's statement of resignation from inactive
821 corporations corporation: $35.
822
823 Any citizen support organization that is required by rule of the
824 Department of Environmental Protection to be formed as a
825 nonprofit organization and is under contract with the department
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826 is exempt from any fees required for incorporation as a
827 nonprofit organization, and the Secretary of State may not
828 assess any such fees if the citizen support organization is
829 certified by the Department of Environmental Protection to the
830 Secretary of State as being under contract with the Department
831 of Environmental Protection.
832 Section 17. For the purpose of incorporating the
833 amendments made by this act to section 605.0115, Florida
834 Statutes, in a reference thereto, section 605.0207, Florida
835 Statutes, is reenacted to read:
836 605.0207 Effective date and time.—Except as otherwise
837 provided in s. 605.0208, and subject to s. 605.0209(3), any
838 document delivered to the department for filing under this
839 chapter may specify an effective time and a delayed effective
840 date. In the case of initial articles of organization, a prior
841 effective date may be specified in the articles of organization
842 if such date is within 5 business days before the date of
843 filing. Subject to ss. 605.0114, 605.0115, 605.0208, and
844 605.0209, a record filed by the department is effective:
845 (1) If the record filed does not specify an effective time
846 and does not specify a prior or a delayed effective date, on the
847 date and at the time the record is accepted as evidenced by the
848 department's endorsement of the date and time on the filing.
849 (2) If the record filed specifies an effective time, but
850 not a prior or delayed effective date, on the date the record is
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851 accepted, as evidenced by the department's endorsement, and at
852 the time specified in the filing.
853 (3) If the record filed specifies a delayed effective
854 date, but not an effective time, at 12:01 a.m. on the earlier
855 of:
856 (a) The specified date; or
857 (b) The 90th day after the record is filed.
858 (4) If the record filed specifies a delayed effective date
859 and an effective time, at the specified time on or the earlier
860 of:
861 (a) The specified date; or
862 (b) The 90th day after the record is filed.
863 (5) If the record filed is the initial articles of
864 organization and specifies an effective date before the date of
865 the filing, but no effective time, at 12:01 a.m. on the later
866 of:
867 (a) The specified date; or
868 (b) The 5th business day before the record is filed.
869 (6) If the record filed is the initial articles of
870 organization and specifies an effective time and an effective
871 date before the date of the filing, at the specified time on the
872 later of:
873 (a) The specified date; or
874 (b) The 5th business day before the record is filed.
875 (7) If the record filed does not specify the time zone or
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876 place at which the date or time, or both, is to be determined,
877 the date or time, or both, at which it becomes effective shall
878 be those prevailing at the place of filing in this state.
879 Section 18. Paragraph (b) of subsection (3) of section
880 605.0113, Florida Statutes, is amended to read:
881 605.0113 Registered agent.—
882 (3) The duties of a registered agent are as follows:
883 (b) If the registered agent resigns, to provide the notice
884 required under s. 605.0115(3) s. 605.0115(2) to the company or
885 foreign limited liability company at the address most recently
886 supplied to the agent by the company or foreign limited
887 liability company.
888 Section 19. For the purpose of incorporating the amendment
889 made by this act to section 607.0122, Florida Statutes, in a
890 reference thereto, subsection (1) of section 658.23, Florida
891 Statutes, is reenacted to read:
892 658.23 Submission of articles of incorporation; contents;
893 form; approval; filing; commencement of corporate existence;
894 bylaws.—
895 (1) Within 3 months after approval by the office and the
896 appropriate federal regulatory agency, the applicant shall
897 submit its duly executed articles of incorporation to the
898 office, together with the filing fee due the Department of State
899 under s. 607.0122.
900 Section 20. For the purpose of incorporating the a mendment
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901 made by this act to section 607.0503, Florida Statutes, in a
902 reference thereto, subsection (4) of section 607.0501, Florida
903 Statutes, is reenacted to read:
904 607.0501 Registered office and registered agent.—
905 (4) The duties of a registered agent are:
906 (a) To forward to the corporation at the address most
907 recently supplied to the registered agent by the corporation, a
908 process, notice, or demand pertaining to the corporation which
909 is served on or received by the registered agent; and
910 (b) If the registered agent resigns, to provide the notice
911 required under s. 607.0503 to the corporation at the address
912 most recently supplied to the registered agent by the
913 corporation.
914 Section 21. For the purpose of incorporating the
915 amendments made by this act to sections 605.0213 and 607.0122,
916 Florida Statutes, in references thereto, paragraph (b) of
917 subsection (2) of section 607.193, Florida Statutes, is
918 reenacted to read:
919 607.193 Supplemental corporate fee.—
920 (2)
921 (b) In addition to the fees levied under ss. 605.0213,
922 607.0122, and 620.1109 and the supplemental corporate fee, a
923 late charge of $400 shall be imposed if the supplemental
924 corporate fee is remitted after May 1 except in circumstances in
925 which a business entity was administratively dissolved or it s
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926 certificate of authority was revoked due to its failure to file
927 an annual report and the entity subsequently applied for
928 reinstatement and paid the applicable reinstatement fee.
929 Section 22. For the purpose of incorporating the amendment
930 made by this act to section 607.1509, Florida Statutes, in a
931 reference thereto, subsection (9) of section 607.0120, Florida
932 Statutes, is reenacted to read:
933 607.0120 Filing requirements.—
934 (9) The document must be delivered to the office of the
935 department for filing. Delivery may be made by electronic
936 transmission if and to the extent permitted by the department.
937 If it is filed in typewritten or printed form and not
938 transmitted electronically, the department may require one exact
939 or conformed copy, to be delivered with the document, except as
940 provided in s. 607.1509.
941 Section 23. For the purpose of incorporating the amendment
942 made by this act to section 607.1509, Florida Statutes,
943 subsection (4) of section 607.1507, Florida Statutes, is
944 reenacted to read:
945 607.1507 Registered office and registered agent of foreign
946 corporation.—
947 (4) The duties of a registered agent are as follows:
948 (a) To forward to the foreign corporation at the address
949 most recently supplied to the registered agent by the foreign
950 corporation, a process, notice, or demand pertaining to the
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951 foreign corporation which is served on or received by the
952 registered agent; and
953 (b) If the registered agent resigns, to provide the notice
954 required under s. 607.1509 to the foreign corporation at the
955 address most recently supplied to the registered agent by the
956 foreign corporation.
957 Section 24. For the purpose of incorporating the amendment
958 made by this act to section 617.0122, Florida Statutes, in a
959 reference thereto, paragraph (a) of subsection (1) of section
960 39.8298, Florida Statutes, is reenacted to read:
961 39.8298 Guardian Ad Litem direct-support organization.—
962 (1) AUTHORITY.—The Statewide Guardian Ad Litem Office
963 created under s. 39.8296 is authorized to create a direct-
964 support organization.
965 (a) The direct-support organization must be a Florida
966 corporation not for profit, incorporated under the provisions of
967 chapter 617. The direct-support organization shall be exempt
968 from paying fees under s. 617.0122.
969 Section 25. For the purpose of incorporating the amendment
970 made by this act to section 617.0122, Florida Statutes, in a
971 reference thereto, paragraph (a) of subsection (2) of section
972 252.71, Florida Statutes, is reenacted to read:
973 252.71 Florida Emergency Management Assistance
974 Foundation.—
975 (2) The foundation is hereby created as a direct-support
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976 organization of the division to provide assistance, funding, and
977 support to the division in its disaster response, recovery, and
978 relief efforts for natural emergencies.
979 (a) The foundation must be an organization that is a
980 Florida nonprofit corporation incorporated under chapter 617,
981 approved by the Department of State, and recognized under s.
982 501(c)(3) of the Internal Revenue Code. The foundation is exempt
983 from paying fees under s. 617.0122.
984 Section 26. For the purpose of incorporating the amendment
985 made by this act to section 617.0122, Florida Statutes, in a
986 reference thereto, paragraph (a) of subsection (6) of section
987 288.012, Florida Statutes, is reenacted to read:
988 288.012 State of Florida international offices; direct-
989 support organization.—The Legislature finds that the expansion
990 of international trade and tourism is vital to the overall
991 health and growth of the economy of this state. This expansion
992 is hampered by the lack of technical and business assistance,
993 financial assistance, and information services for businesses in
994 this state. The Legislature finds that these businesses could be
995 assisted by providing these services at State of Florida
996 international offices. The Legislature further finds that the
997 accessibility and provision of services at these offices can be
998 enhanced through cooperative agreements or strategic alliances
999 between private businesses and state, local, and international
1000 governmental entities.
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1001 (6)(a) The department shall establish and contract with a
1002 direct-support organization, organized as a nonprofit under
1003 chapter 617 and recognized under s. 501(c)(3) of the Internal
1004 Revenue Code, to carry out the provisions of this section;
1005 assist with the coordination of international trade development
1006 efforts; and assist in development and planning related to
1007 foreign investment, international partnerships, and other
1008 international business and trade development. The organization
1009 is exempt from paying fees under s. 617.0122.
1010 Section 27. For the purpose of incorporating the amendment
1011 made by this act to section 617.0122, Florida Statutes, in a
1012 reference thereto, section 617.1807, Florida Statutes, is
1013 reenacted to read:
1014 617.1807 Conversion to corporation not for profit;
1015 authority of circuit judge.—If the circuit judge to whom the
1016 petition and proposed articles of incorporation are presented
1017 finds that the petition and proposed articles are in proper
1018 form, he or she shall approve the articles of incorporation and
1019 endorse his or her approval thereon; such approval shall provide
1020 that all of the property of the petitioning corporation shall
1021 become the property of the successor corporation not for profit,
1022 subject to all indebtedness and liabilities of the petitioning
1023 corporation. The articles of incorporation with such
1024 endorsements thereupon shall be sent to the Department of State,
1025 which shall, upon receipt thereof and upon payment of all taxes
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1026 due the state by the petitioning corporation, if any, issue a
1027 certificate showing the receipt of the articles of incorporation
1028 with the endorsement of approval thereon and of the payment of
1029 all taxes to the state. Upon payment of the filing fees
1030 specified in s. 617.0122, the Department of State shall file the
1031 articles of incorporation, and from thenceforth the petitioning
1032 corporation shall become a corporation not for profit under the
1033 name adopted in the articles of incorporation and subject to all
1034 the rights, powers, immunities, duties, and liabilities of
1035 corporations not for profit under state law, and its rights,
1036 powers, immunities, duties, and liabilities as a corporation for
1037 profit shall cease and determine.
1038 Section 28. For the purpose of incorporating the amendment
1039 made by this act to section 617.0122, Florida Statutes, in a
1040 reference thereto, subsection (4) of section 617.2006, Florida
1041 Statutes, is reenacted to read:
1042 617.2006 Incorporation of labor unions or bodies. —Any
1043 group or combination of groups of workers or wage earners,
1044 bearing the name labor, organized labor, federation of labor,
1045 brotherhood of labor, union labor, union labor committee, trade
1046 union, trades union, union labor council, building trades
1047 council, building trades union, allied trades union, central
1048 labor body, central labor union, federated trades council, local
1049 union, state union, national union, international union,
1050 district labor council, district labor union, American
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1189 2024
1051 Federation of Labor, Florida Federation of Labor, or any
1052 component parts or significant words of such terms, whether the
1053 same be used in juxtaposition or with interspace, may be
1054 incorporated under this act.
1055 (4) Upon the filing of the articles of incorporation and
1056 the petition, and the giving of such notice, the circuit judge
1057 to whom such petition may be addressed shall, upon the date
1058 stated in such notice, take testimony and inquire into the
1059 admissions and purposes of such organization and the necessity
1060 therefor, and upon such hearing, if the circuit judge shall be
1061 satisfied that the allegations set forth in the petition and
1062 articles of incorporation have been substantiated, and shall
1063 find that such organization will not be harmful to the community
1064 in which it proposes to operate, or to the state, and that it is
1065 intended in good faith to carry out the purposes and objects set
1066 forth in the articles of incorporation, and that there is a
1067 necessity therefor, the judge shall approve the articles of
1068 incorporation and endorse his or her approval thereon. Upon the
1069 filing of the articles of incorporation with its endorsements
1070 thereupon with the Department of State and payment of the filing
1071 fees specified in s. 617.0122, the subscribers and their
1072 associates and successors shall be a corporation by the name
1073 given.
1074 Section 29. For the purpose of incorporating the amendment
1075 made by this act to section 617.0502, Florida Statutes, in a
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HB 1189 2024
1076 reference thereto, subsection (3) of section 617.0501, Florida
1077 Statutes, is reenacted to read:
1078 617.0501 Registered office and registered agent.—
1079 (3) A registered agent appointed pursuant to this section
1080 or a successor registered agent appointed pursuant to s.
1081 617.0502 on whom process may be served shall each file a
1082 statement in writing with the Department of State, in such form
1083 and manner as shall be prescribed by the department, accepting
1084 the appointment as a registered agent simultaneousl y with his or
1085 her being designated. Such statement of acceptance shall state
1086 that the registered agent is familiar with, and accepts, the
1087 obligations of that position.
1088 Section 30. For the purpose of incorporating the amendment
1089 made by this act to section 617.0502, Florida Statutes, in a
1090 reference thereto, paragraph (a) of subsection (1) of section
1091 617.0503, Florida Statutes, is reenacted to read:
1092 617.0503 Registered agent; duties; confidentiality of
1093 investigation records.—
1094 (1)(a) Each corporation, foreign corporation, or alien
1095 business organization that owns real property located in this
1096 state, that owns a mortgage on real property located in this
1097 state, or that transacts business in this state shall have and
1098 continuously maintain in this state a registered office and a
1099 registered agent and shall file with the Department of State
1100 notice of the registered office and registered agent as provided
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HB 1189 2024
1101 in ss. 617.0501 and 617.0502. The appointment of a registered
1102 agent in compliance with s. 617.0501 or s. 617.0502 is
1103 sufficient for purposes of this section if the registered agent
1104 so appointed files, in the form and manner prescribed by the
1105 Department of State, an acceptance of the obligations provided
1106 for in this section.
1107 Section 31. This act shall take effect July 1, 2024.
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REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1189 by Rep. Abbott
Corporate Actions
AMENDMENT SUMMARY
February 6, 2024
Amendment 1 by Rep. Abbott (Line 159): The amendment conforms to the Senate bill, which
is substantively identical to the House bill, with a few clarifying and technical changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Abbott offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 159-956 and insert:
7 the corporation, or interests with respect to such shares, that
8 were created or issued as a result of a defective corporate
9 action and that:
10 (a) Would constitute valid shares but for any failure of
11 authorization; or
12 (b) Cannot be determined by the board of directors to be
13 valid shares.
14 (7) "Valid shares" means the shares of any class or series
15 that have been duly authorized and validly issued in accordance
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
16 with this chapter, including as a result of ratification or
17 validation under ss. 607.0145-607.0152.
18 (8)(a) "Validation effective time," with respect to any
19 defective corporate action ratified under ss. 607.0145-607.0152,
20 means the later of the following:
21 1. The date and time at which the ratification of the
22 defective corporate action is approved by the shareholders, or
23 if approval of shareholders is not required, the date and time
24 at which the notice required by s. 607.0149 becomes effective in
25 accordance with s. 607.0141;
26 2. If no articles of validation are required to be filed
27 in accordance with s. 607.0151, the date and time at which the
28 notice required by s. 607.0149 becomes effective in accordance
29 with s. 607.0141; or
30 3. If articles of validation are required to be filed in
31 accordance with s. 607.0151, the date and time at which the
32 articles of validation filed in accordance with s. 607.0151
33 become effective.
34 (b) The validation effective time will not be affected by
35 the filing or pendency of a judicial proceeding under s.
36 607.0152 or any other law unless otherwise ordered by the court.
37 Section 2. Section 607.0146, Florida Statutes, is created
38 to read:
39 607.0146 Defective corporate actions.—
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
40 (1) A defective corporate action is not void or voidable
41 if:
42 (a) The defective corporate action was ratified in
43 accordance with the requirements of s. 607.0147, including the
44 filing, if required, of articles of validation pursuant to s.
45 607.0151; or
46 (b) The defective corporate action was validated in
47 accordance with s. 607.0152.
48 (2) Ratification under s. 607.0147 or validation under s.
49 607.0152 shall not be deemed to be the exclusive means of
50 ratifying or validating any defective corporate action, and the
51 absence or failure of ratification in accordance with ss.
52 607.0145-607.0152 will not, in and of itself, affect the
53 validity or effectiveness of any corporate action properly
54 ratified under common law or otherwise, and it does not create a
55 presumption that any such corporate action is or was a defective
56 corporate action or is or was void or voidable.
57 (3) In the case of an overissue, putative shares will be
58 valid shares effective as of the date originally issued or
59 purportedly issued upon:
60 (a) The effectiveness under ss. 607.0145-607.0152 and ss.
61 607.1001-607.1009 of an amendment to the articles of
62 incorporation authorizing, designating, or creating such shares;
63 or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
64 (b) The effectiveness of any other corporate action taken
65 under ss. 607.0145-607.0152 ratifying the authorization,
66 designation, or creation of such shares.
67 Section 3. Section 607.0147, Florida Statutes, is created
68 to read:
69 607.0147 Ratification of defective corporate actions.—
70 (1) To ratify a defective corporate action under this
71 section, other than to ratify an election of the initial board
72 of directors under subsection (2), the board of directors must
73 take the action in accordance with s. 607.0148, stating all of
74 the following:
75 (a) The defective corporate action to be ratified and, if
76 the defective corporate action involved the issuance of putative
77 shares, the number and type of putative shares purportedly
78 issued.
79 (b) The date of the defective corporate action.
80 (c) The nature of the failure of authorization with
81 respect to the defective corporate action to be ratified.
82 (d) That the board of directors approves the ratification
83 of the defective corporate action.
84 (2) If a defective corporate action to be ratified relates
85 to the election of the initial board of directors of the
86 corporation under s. 607.0205(1)(b), a majority of the persons
87 who, at the time of the ratification, are exercising the powers
88 of directors must take an action stating all of the following:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
89 (a) The name of the person or persons who first took
90 action in the name of the corporation as the initial board of
91 directors of the corporation.
92 (b) The earlier of the date on which either such persons
93 first took such action or were purported to have been elected to
94 the initial board of directors.
95 (c) That the ratification of the election of such person
96 or persons as the initial board of directors is approved.
97 (3) If any provision of this chapter, the corporation's
98 articles of incorporation or bylaws, any corporate resolution,
99 or any plan or agreement in effect at the time action to which
100 the corporation is a party under subsection (1) is taken
101 requires shareholder approval, or would have required
102 shareholder approval, at the date of the occurrence of the
103 defective corporate action, the ratification of the defective
104 corporate action approved in the action taken by the directors
105 under subsection (1) must be submitted to the shareholders for
106 approval in accordance with s. 607.0148.
107 (4) Unless otherwise provided in the action taken by the
108 board of directors under subsection (1), after the action by the
109 board of directors has been taken and, if required, approved by
110 the shareholders, the board of directors may abandon the
111 ratification at any time before the validation effective time
112 without further action of the shareholders.
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Bill No. HB 1189 (2024)
Amendment No. 1
113 Section 4. Section 607.0148, Florida Statutes, is created
114 to read:
115 607.0148 Action on ratification.—
116 (1) The quorum and voting requirements applicable to a
117 ratifying action by the board of directors under s. 607.0147(1)
118 are the quorum and voting requirements applicable to the
119 corporate action proposed to be ratified at the time such
120 ratifying action is taken.
121 (2)(a) If the ratification of the defective corporate
122 action requires approval by the shareholders under s.
123 607.0147(3), and if the approval is to be given at a meeting,
124 the corporation must give notice of the meeting to each holder
125 of valid and putative shares, regardless of whether entitled to
126 vote, as of the record date for notice of the meeting and as of
127 the date of the occurrence of the defective corporate action;
128 however, such notice is not required to be given to holders of
129 valid or putative shares whose identities or addresses for
130 notice cannot be determined from the records of the corporation.
131 The notice must state that the purpose, or one of the purposes,
132 of the meeting is to consider ratification of a defective
133 corporate action.
134 (b) If the ratification of the defective corporate action
135 requires approval by the shareholders under s. 607.0147(3), and
136 if the approval is to be ratified by one or more written
137 consents of the shareholders, the corporation must give notice
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Bill No. HB 1189 (2024)
Amendment No. 1
138 of the action taken by such written consent to each holder of
139 valid and putative shares as of the record date of the action by
140 written consent and as of the date of the occurrence of the
141 defective corporate action, regardless of whether entitled to
142 vote; however, notice is not required to be given to holders of
143 valid or putative shares whose identities or addresses for
144 notice cannot be determined from the records of the corporation.
145 The notice must state that the purpose, or one of the purposes,
146 of the written consent was to ratify the defective corporate
147 action.
148 (c) The notice must be accompanied by both of the
149 following:
150 1. Either (i) a copy of the action taken by the board of
151 directors in accordance with s. 607.0147(1), or (ii) the
152 information required by s. 607.0147(1)(a)-(d).
153 2. A statement that any claim asserting that the
154 ratification of such defective corporate action, and any
155 putative shares issued as a result of such defective corporate
156 action, should not be effective, or should only be effective on
157 certain conditions, and must be brought, if at all, within 120
158 days after the applicable validation effective time.
159 (3) Except as provided in subsection (4) with respect to
160 the voting requirements to ratify the election of a director,
161 any quorum and voting requirements applicable to the approval by
162 the shareholders required by s. 607.0147(3) will be the quorum
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Bill No. HB 1189 (2024)
Amendment No. 1
163 and voting requirements that are applicable, at the time of such
164 shareholder approval, to the defective corporate action proposed
165 to be ratified.
166 (4) The approval by shareholders at a meeting to ratify
167 the election of a director requires that the votes cast within
168 the voting group favoring such ratification exceed the votes
169 cast within the voting group opposing such ratification of the
170 election at a meeting at which a quorum is present. Approval by
171 shareholders by written consent to ratify the election of a
172 director requires that the consents given within the voting
173 group favoring such ratification represent a majority of the
174 shares of the voting group.
175 (5) Putative shares on the record date for determining the
176 shareholders entitled to vote on any matter submitted to
177 shareholders under s. 607.0147(3), and without giving effect to
178 any ratification of putative shares that becomes effective as a
179 result of such vote, will neither be entitled to vote nor be
180 counted for quorum purposes in any vote to approve the
181 ratification of any defective corporate action. Putative shares
182 on the record date for an action by written consent, and without
183 giving effect to any ratification of putative shares that
184 becomes effective as a result of such written consent, will not
185 be entitled to be counted in any written consent to approve the
186 ratification of any defective corporate action.
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Amendment No. 1
187 (6) If approval under this section of putative shares
188 would result in an overissue, in addition to the approval
189 required by s. 607.0147(3), approval of an amendment to the
190 corporation's articles of incorporation under ss. 607.1001–
191 607.1009 to increase the number of shares of an authorized class
192 or series or to authorize the creation of a class or series of
193 shares so there is no overissue will also be required.
194 Section 5. Section 607.0149, Florida Statutes, is created
195 to read:
196 607.0149 Notice requirements.—
197 (1) Unless shareholder approval is required under s.
198 607.0147(3), prompt notice of an action taken by the board of
199 directors under s. 607.0147 must be given to each holder of
200 valid shares and each holder of putative shares, regardless of
201 whether entitled to vote, that is a holder of valid shares or
202 putative shares as of:
203 (a) The date of the action by the board of directors taken
204 under s. 607.0147; and
205 (b) The date of the occurrence of the defective corporate
206 action being ratified.
207 (2) Notice is not required to be given to those holders of
208 valid shares or those holders of putative shares whose
209 identities or addresses for notice cannot be determined from the
210 records of the corporation.
211 (3) The notice must contain both of the following:
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Bill No. HB 1189 (2024)
Amendment No. 1
212 (a) Either (i) a copy of the action taken by the board of
213 directors pursuant to s. 607.0147(1), or (ii) the information
214 required by s. 607.0147(1)(a)-(d) or s. 607.0147(2)(a), (b), and
215 (c), as applicable.
216 (b) A statement that, in order to be considered, any claim
217 asserting that the ratification of the defective corporate
218 action, and any putative shares issued as a result of such
219 defective corporate action, should not be effective, or should
220 be effective only on certain conditions, and must be brought, if
221 at all, within 120 days after the applicable validation
222 effective time.
223 (4) Notice under this section is not required with respect
224 to any action required to be submitted to shareholders for
225 approval pursuant s. 607.0147(3) if notice is given in
226 accordance with s. 607.0148(2).
227 (5) Notice required by this section may be given in any
228 manner permitted under s. 607.0141 and, for any corporation
229 subject to the reporting requirements of s. 13 or s. 15(d) of
230 the Securities Exchange Act of 1934, may be given by means of a
231 filing or furnishing of such notice with the United States
232 Securities and Exchange Commission.
233 Section 6. Section 607.0150, Florida Statutes, is created
234 to read:
235 607.0150 Effects of ratification.—The following provisions
236 apply from and after the validation effective time, without
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Amendment No. 1
237 regard to the 120-day period during which a claim may be brought
238 under s. 607.0152:
239 (1) Each defective corporate action ratified in accordance
240 with s. 607.0147 will not be void or voidable as a result of the
241 failure of authorization set forth and identified in the action
242 taken under s. 607.0147(1) or (2) and will be deemed a valid
243 corporate action effective as of the date of the defective
244 corporate action.
245 (2) The issuance of each putative share or fraction of a
246 putative share purportedly issued pursuant to a defective
247 corporate action identified in the action taken in accordance
248 with s. 607.0147 will not be void or voidable, and each such
249 putative share or fraction of a putative share will be deemed to
250 be an identical share or fraction of a valid share as of the
251 time it was purportedly issued.
252 (3) Any corporate action taken subsequent to the defective
253 corporate action ratified pursuant to ss. 607.0145-607.0152 in
254 reliance on such defective corporate action having been validly
255 effected, and any subsequent defective corporate action
256 resulting directly or indirectly from such original defective
257 corporate action, will be valid as of the respective time such
258 corporate action was taken.
259 Section 7. Section 607.0151, Florida Statutes, is created
260 to read:
261 607.0151 Filings.—
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Amendment No. 1
262 (1) If the defective corporate action ratified under ss.
263 607.0145-607.0152 would have required a filing under this
264 chapter and either:
265 (a) Any previous filing requires any change to the filing
266 to give effect to the defective corporate action in accordance
267 with this section, including, but not limited to, a change to
268 the date and time of the effectiveness of such filing; or
269 (b) A filing was not previously filed in respect of the
270 defective corporate action,
271
272 In lieu of a filing otherwise required under this chapter, the
273 corporation must file articles of validation in accordance with
274 this section, and such articles of validation will serve to
275 amend or be a substitute for any other filing with respect to
276 such defective corporate action required by this chapter.
277 (2) The articles of validation must specify all of the
278 following:
279 (a) The defective corporate action that is the subject of
280 the articles of validation, including, in the case of any
281 defective corporate action involving the issuance of putative
282 shares, the number and type of putative shares issued and the
283 date or dates upon which such putative shares were purported to
284 have been issued.
285 (b) The date of the defective corporate action.
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Amendment No. 1
286 (c) The nature of the failure of authorization in respect
287 of the defective corporate action.
288 (d) A statement that the defective corporate action was
289 ratified in accordance with s. 607.0147, including the date on
290 which the board of directors ratified such defective corporate
291 action and, if applicable, the date on which the shareholders
292 approved the ratification of such defective corporate action.
293 (e)1. If a filing was previously made in respect of the
294 defective corporate action and such filing requires any change
295 to give effect to the ratification of such defective corporate
296 action pursuant to s. 607.0147:
297 a. The name, title, and filing date of the filing
298 previously made and any articles of correction for that filing;
299 b. A statement that a filing containing all of the
300 information required to be included under the applicable
301 provisions of this chapter to give effect to such defective
302 corporate action is attached as an exhibit to the articles of
303 validation; and
304 c. The date and time that such filing is deemed to have
305 become effective.
306 2. If a filing was not previously made in respect of the
307 defective corporate action and the defective corporate action
308 ratified pursuant to s. 607.0147 would have required a filing
309 under any other provision of this chapter:
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Amendment No. 1
310 a. A statement that a filing containing all of the
311 information required to be included under the applicable
312 provisions of this chapter to give effect to such defective
313 corporate action is attached as an exhibit to the articles of
314 validation; and
315 b. The date and time that such filing is deemed to have
316 become effective.
317 Section 8. Section 607.0152, Florida Statutes, is created
318 to read:
319 607.0152 Judicial proceedings regarding validity of
320 corporate actions.—
321 (1) Subject to subsection (4), upon application by the
322 corporation, any successor entity to the corporation, a director
323 of the corporation, any shareholder, beneficial shareholder, or
324 unrestricted voting trust beneficial owner of the corporation,
325 including any such shareholder, beneficial shareholder, or
326 unrestricted voting trust beneficial owner as of the date of the
327 defective corporate action ratified pursuant to s. 607.0147; or
328 any other person claiming to be substantially and adversely
329 affected by a ratification in accordance with s. 607.0147, the
330 circuit court in the applicable county may take any one or more
331 of the following actions:
332 (a) Determine the validity and effectiveness of any
333 corporate action or defective corporate action ratified pursuant
334 to s. 607.0147.
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Bill No. HB 1189 (2024)
Amendment No. 1
335 (b) Determine the validity and effectiveness of any
336 ratification of any defective corporate action pursuant to s.
337 607.0147.
338 (c) Determine the validity and effectiveness of any
339 defective corporate action not ratified or not ratified
340 effectively pursuant to s. 607.0147.
341 (d) Determine the validity of any putative shares.
342 (e) Modify or waive any of the procedures specified in s.
343 607.0147 or s. 607.0148 to ratify a defective corporate action.
344 (2) In connection with an action brought under this
345 section, the court may make such findings or issue such orders
346 and take into account any one or more factors or considerations
347 as it deems proper under the circumstances, including, but not
348 limited to, any one or more of the factors, considerations,
349 findings, and orders set forth in subsections (5) and (6).
350 (3) Service of process of the application under subsection
351 (1) on the corporation may be made in any manner provided in
352 chapter 48 for service on a corporation, and no other party need
353 be joined in order for the court to adjudicate the matter. In an
354 action filed by the corporation, the court may require that
355 notice of the action be provided to other persons specified by
356 the court and permit such other persons to intervene in the
357 action.
358 (4) Notwithstanding any other law to the contrary, any
359 action asserting that the ratification of a defective corporate
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Amendment No. 1
360 action, and any putative shares issued as a result of such
361 defective corporate action, should not be effective, or should
362 be effective only on certain conditions, must be brought, if at
363 all, within 120 days after the validation effective time.
364 (5) In connection with the resolution of matters under
365 subsection (2), the court may consider any of the following:
366 (a) Whether the defective corporate action was originally
367 approved or effectuated with the belief that the approval or
368 effectuation was in compliance with the provisions of this
369 chapter, the articles of incorporation, or the bylaws of the
370 corporation.
371 (b) Whether the corporation and board of directors have
372 treated the defective corporate action as a valid act or
373 transaction and whether any person has acted in reliance on the
374 public record that such defective corporate action was valid.
375 (c) Whether any person will be or was harmed by the
376 ratification or validation of the defective corporate action,
377 excluding any harm that would have resulted if the defective
378 corporate action had been valid when approved or effectuated.
379 (d) Whether any person will be harmed by the failure to
380 ratify or validate the defective corporate action.
381 (e) Whether the defective corporate action was a conflict
382 of interest transaction.
383 (f) Any other factors or considerations the court deems
384 just and equitable.
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Amendment No. 1
385 (6) In connection with an action under this section, the
386 court may do any one or more of the following:
387 (a) Declare that a ratification in accordance with and
388 pursuant to s. 607.0147 is not effective or shall only be
389 effective at a time or upon conditions established by the court.
390 (b) Validate and declare effective any defective corporate
391 action or putative shares and impose conditions upon such
392 validation.
393 (c) Require measures to remedy or avoid harm to any person
394 substantially and adversely affected by a ratification in
395 accordance with and pursuant to s. 607.0147 or by any order of
396 the court pursuant to this section, excluding any harm that
397 would have resulted if the defective corporate action had been
398 valid when approved or effectuated.
399 (d) Order the department to accept an instrument for
400 filing with an effective time specified by the court, which
401 effective time may be before or after the date and time of such
402 order, provided that the filing date of such instrument shall be
403 determined in accordance with s. 607.0123.
404 (e) Approve a stock ledger for the corporation that
405 includes any shares ratified or validated in accordance with
406 this section or s. 607.0147.
407 (f) Declare that the putative shares are valid shares or
408 require a corporation to issue and deliver valid shares in place
409 of any putative shares.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
410 (g) Order that a meeting of holders of valid shares or
411 putative shares be held and exercise such powers as it deems
412 appropriate with respect to such a meeting.
413 (h) Declare that a defective corporate action validated by
414 the court shall be effective as of the date and time of the
415 defective corporate action or at such other date and time as
416 determined by the court.
417 (i) Declare that putative shares validated by the court
418 shall be deemed to be identical valid shares or fractions of
419 valid shares as of the date and time originally issued or
420 purportedly issued or at such other date and time as determined
421 by the court.
422 (j) Require payment by the corporation of reasonable
423 expenses, including attorney fees and costs, that the court
424 finds just and equitable under the circumstances.
425 (k) Issue other orders as it deems necessary and proper
426 under the circumstances.
427 Section 9. Subsection (2) of section 605.0115, Florida
428 Statutes, is amended, and subsection (6) is added to that
429 section, to read:
430 605.0115 Resignation of registered agent.—
431 (2) After delivering the statement of resignation to the
432 department for filing, the registered agent must promptly mail a
433 copy to the limited liability company's or foreign limited
434 liability company's current mailing address; provided however,
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Bill No. HB 1189 (2024)
Amendment No. 1
435 that if a composite statement of resignation is being filed
436 pursuant to subsection (6), the registered agent must promptly
437 mail a copy of either the composite statement of resignation or
438 a separate notice of resignation for each respective limited
439 liability company, in each case using the respective mailing
440 address of the respective limited liability company that then
441 appears in the records of the department.
442 (6)(a) If a registered agent is resigning as registered
443 agent from more than one limited liability company that each has
444 been dissolved, either voluntarily, administratively, or by
445 court action, for a continuous period of 10 years or longer, the
446 registered agent may elect to file the statement of resignation
447 separately for each such limited liability company or may elect
448 to file a single composite statement of resignation covering two
449 or more limited liability companies. Any such composite
450 statement of resignation must set forth, for each such limited
451 liability company covered by the statement of resignation, the
452 name of the respective limited liability and the date
453 dissolution became effective for the respective limited
454 liability company.
455 (b) This subsection is applicable only to resignations
456 from limited liability companies as defined in this chapter.
457 Section 10. Subsection (2) of section 607.0503, Florida
458 Statutes, is amended, and subsection (6) is added to that
459 section, to read:
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Bill No. HB 1189 (2024)
Amendment No. 1
460 607.0503 Resignation of registered agent.—
461 (2) After delivering the statement of resignation to the
462 department for filing, the registered agent must promptly mail a
463 copy to the corporation at its current mailing address; provided
464 however that if a composite statement of resignation is being
465 filed pursuant to subsection (6), the registered agent must
466 promptly mail a copy of either the composite statement of
467 resignation or a separate notice of resignation for each
468 respective corporation, in each case using the respective
469 mailing address of the respective corporation that then appears
470 in the records of the department.
471 (6)(a) If a registered agent is resigning as registered
472 agent from more than one corporation that each has been
473 dissolved, either voluntarily, administratively, or by court
474 action, for a continuous period of 10 years or longer, the
475 registered agent may elect to file the statement of resignation
476 separately for each such corporation or may elect to file a
477 single composite statement of resignation covering two or more
478 corporations. Any such composite statement of resignation must
479 set forth, for each such corporation covered by the statement of
480 resignation, the name of the respective corporation and the date
481 that dissolution became effective for the respective
482 corporation.
483 (b) This subsection is applicable only to resignations by
484 registered agents from domestic corporations.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
485 Section 11. Subsection (2) of section 617.0502, Florida
486 Statutes, is amended to read:
487 617.0502 Change of registered office or registered agent;
488 resignation of registered agent.—
489 (2)(a) Any registered agent may resign his or her agency
490 appointment by signing and delivering for filing with the
491 Department of State a statement of resignation and mailing a
492 copy of such statement to the corporation at its mailing address
493 of the respective corporation that then appears in the records
494 of the Department of State; provided however that if a composite
495 statement of resignation is being filed pursuant to paragraph
496 (b), the registered agent must promptly mail a copy of either
497 the composite statement of resignation or a separate notice of
498 resignation for each respective corporation, in each case using
499 the respective mailing address of the respective corporation
500 that then appears in the records of the Department of State
501 principal office address shown in its most recent annual report
502 or, if none, filed in the articles of incorporation or other
503 most recently filed document. The statement of resignation shall
504 state that a copy of such statement of resignation or, if
505 applicable, notice of resignation, has been mailed to the
506 corporation at the address so stated. The agency is terminated
507 as of the 31st day after the date on which the statement was
508 filed and unless otherwise provided in the statement,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
509 termination of the agency acts as a termination of the
510 registered office.
511 (b) If a registered agent is resigning as registered agent
512 from one or more corporations that each have been dissolved,
513 either voluntarily, administratively, or by court action, for a
514 continuous period of 10 years or longer, the registered agent
515 may elect to file the statement of resignation separately for
516 each such corporation or may elect to file a single composite
517 statement of resignation covering two or more corporations. Any
518 such composite statement of resignation must set forth, for each
519 such corporation covered by the statement of resignation, the
520 name of the respective corporation and the date that dissolution
521 became effective for the respective corporation. This subsection
522 is applicable only to resignations by registered agents from
523 domestic corporations.
524 Section 12. Subsections (8) and (9) of section 605.0213,
525 Florida Statutes, are amended to read:
526 605.0213 Fees of the department.—The fees of the
527 department under this chapter are as follows:
528 (8) For filing a registered agent's statement of
529 resignation from a an active limited liability company that has
530 not been dissolved, $85.
531 (9) For filing a registered agent's statement of
532 resignation from a dissolved limited liability company or a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
533 composite statement of resignation from two or more dissolved
534 limited liability companies pursuant to s. 605.0115(6), $25.
535 Section 13. Subsections (6) and (7) of section 607.0122,
536 Florida Statutes, are amended to read:
537 607.0122 Fees for filing documents and issuing
538 certificates.—The department shall collect the following fees
539 when the documents described in this section are delivered to
540 the department for filing:
541 (6) Agent's statement of resignation from a active
542 corporation that has not been dissolved: $87.50.
543 (7) Agent's statement of resignation from a an inactive
544 dissolved corporation or a composite statement of resignation
545 from two or more dissolved corporations pursuant to s.
546 607.0502(6): $35.
547 Section 14. Subsections (6) and (7) of section 617.0122,
548 Florida Statutes, are amended to read:
549 617.0122 Fees for filing documents and issuing
550 certificates.—The Department of State shall collect the
551 following fees on documents delivered to the department for
552 filing:
553 (6) Agent's statement of resignation from a active
554 corporation that has not been dissolved: $87.50.
555 (7) Agent's statement of resignation from a inactive
556 dissolved corporation or a composite statement of resignation
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
557 from two or more dissolved corporations pursuant to s.
558 617.0502(2)(b): $35.
559
560 Any citizen support organization that is required by rule of the
561 Department of Environmental Protection to be formed as a
562 nonprofit organization and is under contract with the department
563 is exempt from any fees required for incorporation as a
564 nonprofit organization, and the Secretary of State may not
565 assess any such fees if the citizen support organization is
566 certified by the Department of Environmental Protection to the
567 Secretary of State as being under contract with the Department
568 of Environmental Protection.
569 Section 15. For the purpose of incorporating the
570 amendments made by this act to section 605.0115, Florida
571 Statutes, in a reference thereto, section 605.0207, Florida
572 Statutes, is reenacted to read:
573 605.0207 Effective date and time.—Except as otherwise
574 provided in s. 605.0208, and subject to s. 605.0209(3), any
575 document delivered to the department for filing under this
576 chapter may specify an effective time and a delayed effective
577 date. In the case of initial articles of organization, a prior
578 effective date may be specified in the articles of organization
579 if such date is within 5 business days before the date of
580 filing. Subject to ss. 605.0114, 605.0115, 605.0208, and
581 605.0209, a record filed by the department is effective:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
582 (1) If the record filed does not specify an effective time
583 and does not specify a prior or a delayed effective date, on the
584 date and at the time the record is accepted as evidenced by the
585 department's endorsement of the date and time on the filing.
586 (2) If the record filed specifies an effective time, but
587 not a prior or delayed effective date, on the date the record is
588 accepted, as evidenced by the department's endorsement, and at
589 the time specified in the filing.
590 (3) If the record filed specifies a delayed effective
591 date, but not an effective time, at 12:01 a.m. on the earlier
592 of:
593 (a) The specified date; or
594 (b) The 90th day after the record is filed.
595 (4) If the record filed specifies a delayed effective date
596 and an effective time, at the specified time on or the earlier
597 of:
598 (a) The specified date; or
599 (b) The 90th day after the record is filed.
600 (5) If the record filed is the initial articles of
601 organization and specifies an effective date before the date of
602 the filing, but no effective time, at 12:01 a.m. on the later
603 of:
604 (a) The specified date; or
605 (b) The 5th business day before the record is filed.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
606 (6) If the record filed is the initial articles of
607 organization and specifies an effective time and an effective
608 date before the date of the filing, at the specified time on the
609 later of:
610 (a) The specified date; or
611 (b) The 5th business day before the record is filed.
612 (7) If the record filed does not specify the time zone or
613 place at which the date or time, or both, is to be determined,
614 the date or time, or both, at which it becomes effective shall
615 be those prevailing at the place of filing in this state.
616 Section 16. For the purpose of incorporating the
617 amendments made by this act to section 605.0115, Florida
618 Statutes, in a reference thereto, paragraph (b) of subsection
619 (3) of section 605.0113, Florida Statutes, is reenacted to read:
620 605.0113 Registered agent.—
621 (3) The duties of a registered agent are as follows:
622 (b) If the registered agent resigns, to provide the notice
623 required under s. 605.0115(2) to the company or foreign limited
624 liability company at the address most recently supplied to the
625 agent by the company or foreign limited liability company.
626 Section 17. For the purpose of incorporating the amendment
627 made by this act to section 607.0122, Florida Statutes, in a
628 reference thereto, subsection (1) of section 658.23, Florida
629 Statutes, is reenacted to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
630 658.23 Submission of articles of incorporation; contents;
631 form; approval; filing; commencement of corporate existence;
632 bylaws.—
633 (1) Within 3 months after approval by the office and the
634 appropriate federal regulatory agency, the applicant shall
635 submit its duly executed articles of incorporation to the
636 office, together with the filing fee due the Department of State
637 under s. 607.0122.
638 Section 18. For the purpose of incorporating the amendment
639 made by this act to section 607.0503, Florida Statutes, in a
640 reference thereto, subsection (4) of section 607.0501, Florida
641 Statutes, is reenacted to read:
642 607.0501 Registered office and registered agent.—
643 (4) The duties of a registered agent are:
644 (a) To forward to the corporation at the address most
645 recently supplied to the registered agent by the corporation, a
646 process, notice, or demand pertaining to the corporation which
647 is served on or received by the registered agent; and
648 (b) If the registered agent resigns, to provide the notice
649 required under s. 607.0503 to the corporation at the address
650 most recently supplied to the registered agent by the
651 corporation.
652 Section 19. For the purpose of incorporating the
653 amendments made by this act to sections 605.0213 and 607.0122,
654 Florida Statutes, in references thereto, paragraph (b) of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
655 subsection (2) of section 607.193, Florida Statutes, is
656 reenacted to read:
657 607.193 Supplemental corporate fee.—
658 (2)
659 (b) In addition to the fees levied under ss. 605.0213,
660 607.0122, and 620.1109 and the supplemental corporate fee, a
661 late charge of $400 shall be imposed if the supplemental
662 corporate fee is remitted after May 1 except in circumstances in
663 which a business entity was administratively dissolved or its
664 certificate of authority was revoked due to its failure to file
665 an annual report and the entity subsequently applied for
666 reinstatement and paid the applicable reinstatement fee.
667
668
669 -----------------------------------------------------
670 T I T L E A M E N D M E N T
671 Remove lines 9-119 and insert:
672 corporate actions, and that the absence or failure to ratify
673 defective corporate actions does not affect the validity or
674 effectiveness of certain corporate actions properly ratified;
675 providing for a process whereby putative shares can be validated
676 in the event of an overissue; creating s. 607.0147, F.S.;
677 requiring the board of directors to take certain action to
678 ratify a defective corporate action; authorizing those
679 exercising the powers of the directors to take certain action
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
680 when certain defective actions are related to the ratification
681 of the initial board of directors; requiring members of the
682 board of directors to seek approval of the shareholders in
683 connection with ratifying a defective corporate action under
684 certain conditions; authorizing the board of directors to
685 abandon ratification at any time before the validation effective
686 time after action by the board and, if required, approval of the
687 shareholders; creating s. 607.0148, F.S.; providing quorum and
688 voting requirements for the ratification of certain defective
689 corporate actions; requiring the board, in connection with a
690 shareholder meeting held to ratify a defective corporate action,
691 to send notice to all identifiable shareholders of a certain
692 meeting date; requiring that the notice state that a purpose of
693 the meeting is to consider ratification of a defective corporate
694 action; requiring the notice sent to be accompanied with certain
695 information; specifying the quorum and voting requirements
696 applicable to ratification of the election of directors;
697 requiring votes cast within the voting group favoring
698 ratification of the election of a director to exceed the votes
699 cast within the voting group opposing such ratification;
700 prohibiting holders of putative shares from voting on
701 ratification of any defective corporate action and providing
702 that they may not be counted for quorum purposes or in certain
703 written consents; requiring approval of certain amendments to
704 the corporation's articles of incorporation under certain
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
705 circumstances; creating s. 607.0149, F.S.; requiring that notice
706 be given to shareholders of certain corporate action taken by
707 the board of directors; providing that notice is not required
708 for holders of certain shares whose identities or addresses for
709 notice cannot be determined; providing requirements for such
710 notice; providing requirements for such notice for corporations
711 subject to certain federal reporting requirements; creating s.
712 607.0150, F.S.; specifying the effects of ratification; creating
713 s. 607.0151, F.S.; requiring corporations to file articles of
714 validation under certain circumstances; providing applicability;
715 providing requirements for articles of validation; creating s.
716 607.0152, F.S.; authorizing certain persons and entities to file
717 certain motions; providing for service of process; requiring
718 that certain actions be filed within a specified timeframe;
719 authorizing the court to consider certain factors in resolving
720 certain issues; authorizing the courts to take certain actions
721 in cases involving defective corporate actions; amending ss.
722 605.0115, 607.0503, and 617.0502, F.S.; providing that a
723 registered agent may resign from certain limited liability
724 companies or foreign limited liability companies, certain
725 dissolved corporations, and certain active or dissolved
726 corporations, respectively, by delivering a specified statement
727 of resignation to the Department of State; providing
728 requirements for the statement; providing that a registered
729 agent who is resigning from more than one such corporations or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
730 limited liability companies may elect to file a statement of
731 resignation for each such company or corporation or a composite
732 statement; providing requirements for composite statements;
733 requiring that a copy of each of the statements of resignation
734 or the composite statement be mailed to the address on file with
735 the department for the company or corporation or companies or
736 corporations, as applicable; amending ss. 605.0213 and 607.0122,
737 F.S.; conforming provisions to changes made by the act;
738 providing registered agents may pay one resignation fee
739 regardless of whether resigning from one or multiple dissolved
740 companies or corporations; reenacting ss. 605.0207 and
741 605.0113(3)(b), F.S., relating to effective dates and times and
742 to registered agents, respectively, to incorporate the
743 amendments made to s. 605.0115, F.S., in references thereto;
744 reenacting s. 658.23(1), F.S., relating to submission of
745 articles of incorporation, to incorporate the amendment made to
746 s. 607.0122, F.S., in a reference thereto; reenacting s.
747 607.0501(4), F.S., relating to registered offices and registered
748 agents, to incorporate the amendment made to s. 607.0503, F.S.,
749 in a reference thereto; reenacting s. 607.193(2)(b), F.S.,
750 relating to supplemental corporate fees, to incorporate the
751 amendments made to ss. 605.0213 and 607.0122, F.S., in
752 references thereto; reenacting ss. 39.8298(1)(a), 252.71(2)(a),
753 288.012(6)(a), 617.1807, and 617.2006(4), F.S., relating to the
754 Guardian Ad Litem direct-support organization, the Florida
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1189 (2024)
Amendment No. 1
755 Emergency Management Assistance Foundation, State of Florida
756 international offices, conversion to corporation not for profit,
757 and incorporation of labor unions or bodies, respectively, to
758 incorporate the amendment made in s. 617.0122, F.S., in
759 references thereto; reenacting s. 617.0501(3) and
760 617.0503(1)(a), F.S., relating to registered agents, to
761 incorporate the amendment made to s. 617.0502, F.S., in
762 references thereto; providing an effective date.
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HB 1217
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1217 Florida Homeowners' Construction Recovery Fund
SPONSOR(S): Daniels
TIED BILLS: IDEN./SIM. BILLS: SB 414
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Herrera Anstead
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Homeowners’ Construction Recovery Fund (recovery fund) is used to compensate homeowners
who have suffered a covered financial loss at the hands of state-licensed contractors. Homeowners file claims
with the Department of Business and Professional Regulation (DBPR), which assesses completeness and
eligibility before presenting them to the Construction Industry Licensing Board for review (CILB).
Contractors are required to notify customers of their rights under the recovery fund, with contracts for
residential property work mandated to include a written statement detailing consumer rights under the fund,
except for contracts under $2,500 in labor and materials. The recovery fund provides compensation to eligible
claimants, limited to the judgment, award, or $25,000, whichever is less, based on actual damages suffered
and subject to maximum per-claim and lifetime aggregate limits specified for Division I and Division II
contracts. Regarding fiscal appropriations and license suspension, pending claims are carried over to the next
fiscal year if the annual appropriation is depleted, and excess funds are distributed according to relevant
statutes. Upon disbursement from the recovery fund to settle claims, a licensee's license is automatically
suspended until full repayment plus interest is made.
The bill increases maximum claim amounts and total lifetime aggregate limits for claims made against
contractors from the recovery fund over the next four fiscal years, up to Fiscal Year 2027-2028. For Division I
licensees, such as general contractors, building contractors, and residential contractors, the maximum per-
claim amount rises incrementally from $50,000 to $250,000, with corresponding increases in lifetime aggregate
limits. For Division II licensees, such as roofing contractors, plumbing contractors, and solar contractors, the
maximum amount per claim is set to increase from the current $15,000. This increase will occur gradually over
the next four fiscal years, starting from $25,000 for Fiscal Year 2024-2025 and reaching $65,000 for Fiscal
Year 2027-2028. Additionally, the bill aims to raise the lifetime aggregate limits for each Division II licensee for
contracts entered into after July 1, 2016. These aggregate limits will start at $250,000 for Fiscal Year 2024-
2025 and reach $550,000 for Fiscal Year 2027-2028.
The bill may have an indeterminate fiscal impact on the private sector and state government expenditures. The
bill has no fiscal impact on local governments or state revenues.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1217.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR), through 11 divisions,
regulates and licenses businesses and professionals in Florida. The divisions established under DBPR
include:
• The Division of Administration;
• The Division of Alcoholic Beverages and Tobacco;
• The Division of Certified Public Accounting;
• The Division of Drugs, Devices, and Cosmetics;
• The Division of Florida Condominiums, Timeshares, and Mobile Homes;
• The Division of Hotels and Restaurants;
• The Division of Professions;
• The Division of Real Estate;
• The Division of Regulation;
• The Division of Technology; and
• The Division of Service Operations. 1
Construction Contractors
Chapter 489, F.S., relates to “contracting,” with part I addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and alarm
system contracting.
Construction contractors are certified or registered by the Construction Industry Licensing Board (CILB)
housed within DBPR. The CILB consists of 18 members who are appointed by the Governor and
confirmed by the Senate. The CILB meets to approve or deny applications for licensure, review
disciplinary cases, and conduct informal hearings relating to discipline. 2
"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state. 3
“Certified specialty contractors” are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
the state.
“Registered contractors” are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. 4
Florida Homeowners’ Construction Recovery Fund
1 S. 20.165, F.S.
2 S. 489.107, F.S.
3 S. 489.105, F.S.
4 S. 489.103, F.S.
STORAGE NAME: h1217.RRS PAGE: 2
DATE: 2/4/2024
The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have
suffered a covered financial loss at the hands of state-licensed contractors. Claims are filed with the
DBPR, who reviews for completeness and statutory eligibility. The DBPR then presents the claim to the
Construction Industry Licensing Board for review. 5
Current law requires all local governments to assess and collect a 1 percent surcharge on any building
permit issued by their enforcement agency for the purpose of enforcing the Building Code. The local
jurisdictions collect the assessment and remit the surcharge fees to DBPR to fund the activities of the
Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
Prevention Code informal interpretations. 6
Current law also requires all local governments to assess and collect a separate 1.5 percent surcharge
on any building permit issued by their enforcement agency for the purpose of enforcing the Building
Code. The local governments collect the assessment and remit the surcharge fees to DBPR, where it is
divided equally to fund the activities of the Building Code Administrators and Inspectors Board (BCAIB)
and the Florida Homeowners’ Construction Recovery Fund. 7
Local government are permitted to retain 10 percent of the amount of the surcharges they collect to
fund participation by their agencies in the national and state building code adoption processes and to
provide education related to enforcement of the Building Code. 8
Duty of Contractor to give Notice of Fund
A contractor must provide notice to a customer of rights under the recovery fund. 9 Any agreement or
contract for repair, restoration, improvement, or construction to residential real property must contain a
written statement explaining the consumer’s rights under the recovery fund, except where the value of
all labor and materials does not exceed $2,500, and must be substantially in the form required by
statute. 10
Payment Limitations and Maximum Amounts from the Recovery Fund
Payment from the recovery fund, provides that an eligible claimant may be paid an amount equal to the
judgment, award, or restitution order or $25,000, whichever is less, or an amount equal to the
unsatisfied portion of such person’s judgment, award, or restitution order, but only to the extent and
amount of actual damages suffered by the claimant, and subject to the maximum per-claim amount and
a total lifetime per-licensee maximum. 11
The maximum amounts payable for recovery fund claims and the total lifetime aggregate limits are set
forth in s. 489.143, F.S, 12 as follows:
• Beginning January 1, 2005, for each Division I contract entered into after July 1, 2004,
recovery fund claims are limited to a $50,000 maximum payment for each Division I claim,
with a total lifetime aggregate limit of $500,000 for each Division I licensee.
• Beginning January 1, 2017, for each Division II contract entered into on or after July 1, 2016,
(the date that claims against Division II licensees were first authorized to be filed), recovery
fund claims are limited to a $15,000 maximum payment for each Division II claim, with a
total lifetime aggregate limit of $150,000 for each Division II licensee.
Claims awarded to a claimant by the CILB are paid in the order that they are filed, up to the lifetime
aggregate limits for each transaction and licensee, and to the limits of amounts appropriated to pay
5 S. 489.1401(2), F.S.
6 S. 553.721, F.S.
7 S. 468.631, F.S.
8 Ss. 468.631, and 553.721, F.S.
9 S. 489.1425, F.S
10 Id.
11 S. 489.143(2), F.S.
12 For recovery fund claims for contracts entered into before July 1, 2004, see s. 489.143(6), F.S.
STORAGE NAME: h1217.RRS PAGE: 3
DATE: 2/4/2024
claims against the recovery fund. 13 Payments may not exceed the total claim limits or lifetime
aggregate limits. 14
Fiscal Appropriation and License Suspension
Current law states that if the annual appropriation is depleted while claims are pending, those pending
claims will be carried over to the next fiscal year. 15 Any excess funds will be disbursed according to s.
468.631, F.S., which pertains to the Building Code Administrators and Inspectors Fund.
Upon disbursement of any funds from the recovery fund to settle a claim or satisfy a judgment, award,
or restitution order against a licensee, the licensee's license is automatically suspended without further
administrative action. 16 This suspension takes effect on the date of payment from the recovery fund.
Reinstatement of the license is contingent upon the licensee repaying the full amount received from the
recovery fund, along with accrued interest. 17
Effect of the bill
The bill increases the maximum amounts payable to claimants for claims that may be made against
contractors from the recovery fund for each of the next four fiscal years (through Fiscal Year 2027-
2028), and to substantially increase the total lifetime aggregate limit for claim payments made against a
single contractor for those same fiscal years.
For claims against general contractors, building contractors, and residential contractors
(Division I licensees), contracts entered into after July 1, 2004, the maximum per-claim amount
increases from $50,000 in current law, as follows:
• $75,000 for Fiscal Year 2024-2025;
• $125,000 for Fiscal Year 2025-2026;
• $175,000 for Fiscal Year 2026-2027; and
• $250,000 for Fiscal Year 2027-2028.
Under the bill, the lifetime aggregate limits for each Division I licensee for Division I contracts entered
into after July 1, 2004, are increased from $500,000 in current law, as follows:
• $700,000 for Fiscal Year 2024-2025;
• $800,000 for Fiscal Year 2025-2026;
• $900,000 for Fiscal Year 2026-2027; and
• $1,000,000 for Fiscal Year 2027-2028;
For claims against roofing contractors, sheet metal contractors, class A, B, and C air-conditioning
contractors, mechanical contractors, commercial pool/spa contractors, residential pool/spa contractors,
swimming pool/spa servicing contractors, plumbing contractors, underground utility and excavation
contractors, solar contractors, and pollutant storage systems contractors (Division II licensees),
contracts entered into after July 1, 2016, (the date that claims against Division II licensees were first
authorized to be filed), the maximum amount per claim increases from $15,000 in current law, as
follows:
• $25,000 for Fiscal Year 2024-2025;
• $35,000 for Fiscal Year 2025-2026;
• $45,000 for Fiscal Year 2026-2027; and
• $65,000 for Fiscal Year 2027-2028.
13 S. 489.143(7), F.S.
14 Id.
15 S. 489.143(8), F.S.
16 S. 489.143(9), F.S
17 Id.
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Under the bill, the lifetime aggregate limits for each Division II licensee for Division II contracts entered
into after July 1, 2016, (the date that claims against Division II licensees were first authorized to be
filed), are increased from $150,000 in current law, as follows:
• $250,000 for Fiscal Year 2024-2025;
• $350,000 for Fiscal Year 2025-2026;
• $450,000 for Fiscal Year 2026-2027; and
• $550,000 for Fiscal Year 2027-2028;
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 483.143, F.S., relating to payment from the fund.
Section 2: Providing an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate fiscal impact on state government expenditures. As a result of
increasing the aggregate cap per licensee, as well as the per-claim cap for each contract, the
number of Recovery Fund claims awarded, as well as the amounts of claims awarded, will
increase. 18
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate impact on the private sector. With the increase in both the
aggregate cap per licensee and the per-claim cap for each contract, the likelihood of more claimants
receiving compensation from the Recovery Fund, as well as the total compensation amount, is
expected to rise. 19
D. FISCAL COMMENTS:
DBPR allocates approximately $4.5 million annually to fulfill recovery fund claims. As of July 31, 2023,
the Recovery Fund had a balance of $23,235,064.00. Over the fiscal years 20/21, 21/22, and 22/23,
the average annual revenue injection into the Recovery Fund through surcharges amounted to
$6,188,495.00. However, the average annual sum awarded in claims stood at $2,882,184.
Nevertheless, between FY 20/21 and FY 22/23, the annual number of presented and awarded claims
more than doubled, reaching 232 claims awarded in FY 22/23, totaling $4,449,552.00. 20
18 DBPR, Agency Analysis of 2024 SB 414, p. 4 (Nov. 20, 2023).
19 Id. at 5.
20 Id. at 6
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The proposed elevation of claim caps within the bill could escalate expenditures, leading to a surge in
the overall disbursement by the Division to approved claimants. The magnitude of this increase hinges
on the frequency and cost of claims, which have exhibited a doubling trend over the last two fiscal
years. 21
These proposed claim cap adjustments could substantially inflate the annual volume of claims,
potentially surpassing the annual revenues channeled into the Recovery Fund. This scenario would
either deplete the fund's balance or necessitate General Revenue supplementation if revenue
adjustments fail to align with the cap increments. 22
While revenues have averaged $6,118,496 over the past three years, they have exceeded $6,500,000
for the last two years, while the cost of claims in the last fiscal year amounted to $4,462,465. Projecting
the proposed increases through the 2027/28 Fiscal Year based on the Fund's starting balance of
$23,235,064, the estimates are as follows 23:
Fiscal Estimated Estimated % of Cap % of Cap Estimated Estimated
Year Fund Revenues Increase Increase Expenditure End Fund
Balance from Prior from Prior s after Balance
(July 1) Year for Year for Proposed (June 30)
Division I Division II Cap
Increases
23/24 $23,235,064 $6,014,764 - - $ 4,981,181 $24,268,647
24/25 $25,235,064 $6,158,696 50% 66.67% $ 7,617,696 $22,809,647
25/26 $24,610,064 $6,238,878 66.67% 40% $11,424,110 $17,624,415
26/27 $20,185,064 $6,339,727 40% 28.57% $15,177,893 $8,786,249
27/28 $12,014,350 $6,167,422 42.86% 44.44% $21,567,992 ($6,614,320)
These estimates are based on anticipated increases in claims due to corresponding rises in cap
amounts, suggesting a potential deficit in the fund by the 2027/28 Fiscal Year. This estimation assumes
consistent revenues and claim volumes annually. However, as aggregate caps increase each year per
the Bill's provisions, the Division of Professions has indicated the likelihood of cases remaining open
from year to year, as they cannot be closed due to hitting an increased aggregate cap the following
year. 24
Considering these factors, claims may begin to surpass revenues by FY 24-25, eventually leading to a
negative cash balance in the Construction Recovery Fund. 25
The bill proposes annual increases in maximum claim amounts for four years, potentially incentivizing
delaying claim filings to maximize potential recovery fund payments. However, claimants must adhere
to the statute of limitations, which allows one year after the conclusion of any civil, criminal, or
administrative action or arbitration award based on a compensable violation. 26
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
21 Id.
22 Id.
23 Id.
24 Id.
25 Id.
26 S. 489.141(1)(f), F.S.
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DATE: 2/4/2024
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
DBPR recommends that the bill clearly indicate that the proposed increases apply exclusively to
contracts entered into after a specific date, such as July 1, 2024, and commencing January 1, 2025.
This specification would maintain consistency with past practices regarding cap adjustments. Without
such specification, there's a risk of interpreting the bill as retroactively augmenting both per-claim and
aggregate caps for all Division I claims arising from contracts initiated after July 1, 2004, and all
Division II claims stemming from contracts entered into after July 1, 2016. This interpretation could
encompass claims that have already been closed due to aggregate caps, as well as pending and
settled claims. 27
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
27 DBPR, Agency Analysis of 2024 SB 414, p. 6 (Nov. 20, 2023).
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DATE: 2/4/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1217 2024
1 A bill to be entitled
2 An act relating to the Florida Homeowners'
3 Construction Recovery Fund; amending s. 489.143, F.S.;
4 providing a scheduled increase in the maximum payment
5 amounts that may be made from the recovery fund for
6 Division I and Division II individual and aggregate
7 claims; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsections (3) and (6) of section 489.143,
12 Florida Statutes, are amended to read:
13 489.143 Payment from the fund.—
14 (3)(a) Beginning January 1, 2005, For each Division I
15 contract entered into after July 1, 2004, payment from the
16 recovery fund is subject to the following maximum payment
17 amounts for each Division I claim:
18 1. For the 2024-2025 fiscal year, $75,000 a $50,000
19 maximum payment for each Division I claim.
20 2. For the 2025-2026 fiscal year, $125,000.
21 3. For the 2026-2027 fiscal year, $175,000.
22 4. For the 2027-2028 fiscal year, $250,000.
23 (b) Beginning January 1, 2017, For each Division II
24 contract entered into on or after July 1, 2016, payment from the
25 recovery fund is subject to the following maximum payment
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hb1217-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1217 2024
26 amounts for each Division II claim:
27 1. For the 2024-2025 fiscal year, $25,000 a $15,000
28 maximum payment for each Division II claim.
29 2. For the 2025-2026 fiscal year, $35,000.
30 3. For the 2026-2027 fiscal year, $45,000.
31 4. For the 2027-2028 fiscal year, $65,000.
32 (6)(a) For contracts entered into before July 1, 2004,
33 payments for claims against any one licensee may not exceed, in
34 the aggregate, $100,000 annually, up to a total aggregate of
35 $250,000. For any claim approved by the board which is in excess
36 of the annual cap, the amount in excess of $100,000 up to the
37 total aggregate cap of $250,000 is eligible for payment in the
38 next and succeeding fiscal years, but only after all claims for
39 the then-current calendar year have been paid. Payments may not
40 exceed the aggregate annual or per claimant limits under law.
41 (b) Beginning January 1, 2005, For each Division I
42 contract entered into after July 1, 2004, payment from the
43 recovery fund is subject only to a total aggregate cap of the
44 following amounts $500,000 for each Division I licensee:
45 1. For the 2024-2025 fiscal year, $700,000.
46 2. For the 2025-2026 fiscal year, $800,000.
47 3. For the 2026-2027 fiscal year, $900,000.
48 4. For the 2027-2028 fiscal year, $1 million.
49 (c) Beginning January 1, 2017, For each Division II
50 contract entered into on or after July 1, 2016, payment from the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1217 2024
51 recovery fund is subject only to a total aggregate cap of the
52 following amounts $150,000 for each Division II licensee:
53 1. For the 2024-2025 fiscal year, $250,000.
54 2. For the 2025-2026 fiscal year, $350,000.
55 3. For the 2026-2027 fiscal year, $450,000.
56 4. For the 2027-2028 fiscal year, $550,000.
57 Section 2. This act shall take effect July 1, 2024.
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hb1217-00
HB 1289
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1289 Verification of Reemployment Assistance Benefit Eligibility
SPONSOR(S): Abbott
TIED BILLS: IDEN./SIM. BILLS: SB 1260
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Bauldree Anstead
Subcommittee
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Federal-State Unemployment Insurance Program is administered as a partnership between the federal
government and state governments, providing unemployment benefits to eligible workers who are unemployed
through no-fault of their own and who meet the requirements of state law. The Department of Commerce
(department) is the current agency responsible for administering Florida’s reemployment assistance program.
To receive weekly benefits, a claimant must meet certain monetary and non-monetary eligibility requirements.
The bill makes a number of changes to reemployment assistance eligibility requirements. The bill changes
benefit eligibility conditions as follows:
• Requires that non-Florida residents seeking reemployment assistance benefits report to workforce
centers in their state of residence.
• Removes language explicitly stating that the online skills assessment offered by the department is
voluntary.
• Requires that weekly, a claimant must complete at least one job application in person with an employer
that has an expected job opening, and must certify and attest biweekly that they will appear for all
scheduled interviews and actively seek work.
The bill adds more conditions that can disqualify an individual from receiving benefits including:
• Failing to contact at least five prospective employers per week, unless otherwise exempt;
• Failing to appear on three or more occasions for a scheduled job interview;
• Failing to accept suitable work within 2 business days of being offered; or
• Failing to return to the individual’s self-employment when directed by the department, or when recalled
to work by his or her former employer.
Under the bill, the department must maintain a web page and e-mail address for employers to report known or
suspected violations of the disqualification for benefits provisions, and notify employers of the web page and e-
mail address.
Additionally, the bill requires the department to verify the identity of each claimant who applies for
reemployment assistance benefits before paying any benefits to that individual, and to weekly cross-check the
information contained in the claim with various specified national and state databases.
The bill does not have a fiscal impact on state or local government revenues or local government expenditures.
The bill may increase state expenditures. See Fiscal Analysis & Economic Impact Statement.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1289.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Unemployment Compensation
The Federal-State Unemployment Insurance Program provides unemployment benefits to eligible
workers who are unemployed through no-fault of their own (as determined under state law) and who
meet the requirements of state law. 1 The program is administered as a partnership between the federal
government and the states. 2 The individual states collect unemployment compensation payroll taxes on
a quarterly basis, which are used to pay benefits, while the Internal Revenue Service collects an annual
federal payroll tax under the Federal Unemployment Tax Act (FUTA). 3 FUTA collections go to the
states for costs of administering state unemployment compensation and job service programs. In
addition, FUTA pays one-half of the cost of extended unemployment benefits (during periods of high
unemployment) and provides for a fund from which states may borrow, if necessary, to pay benefits. 4
States are permitted to set benefit eligibility requirements, the amount and duration of benefits, and the
state tax structure, as long as state law does not conflict with FUTA or Social Security Act
requirements. Florida’s program was created by the Legislature in 1937. 5 The Department of
Commerce 6 (department) is the current agency responsible for administering Florida’s laws, primarily
through its Division of Workforce Services. The department contracts with the Florida Department of
Revenue (DOR) to provide unemployment tax collections services. 7
Florida Reemployment Assistance Benefits
In Florida, which rebranded the unemployment compensation program as the reemployment assistance
program in 2012, 8 a qualified claimant may receive benefits equal to 25 percent of wages, not to
exceed $6,325 in a benefit year. 9 Benefits range from a minimum of $32 per week to a maximum
weekly benefit amount 10 of $275, for a maximum of between 12 weeks and 23 weeks, 11 depending on
the claimant’s length of prior employment and wages earned and the unemployment rate. 12
1 U.S. Department of Labor, State Unemployment Insurance Benefits, available at https://oui.doleta.gov/unemploy/uifactsheet.asp (last
visited Feb. 2, 2024).
2 There are 53 programs, including the 50 states, Puerto Rico, the Virgin Islands, and the District of Columbia. U.S. Department of
Labor, Unemployment Compensation, Federal – State Partnership, available at https://oui.doleta.gov/unemploy/pdf/partnership.pdf (last
visited Feb. 2, 2024).
3 FUTA is codified at 26 U.S.C. § 3301-3309.
4 U.S. Department of Labor, Unemployment Insurance Tax Topic, available at
https://oui.doleta.gov/unemploy/uitaxtopic.asp#:~:text=FUTA%20taxes%20are%20calculated%20by,times%20the%20employer's%20ta
xable%20wages.&text=Employers%20who%20pay%20their%20state,tax%20paid%20to%20the%20state, (last visited Feb. 2, 2024).
5 Ch. 18402, Laws of Fla.
6 Chapter 443, F.S., refers to the department as the “Department of Economic Opportunity”, however, HB 5 in 2023 changed the name
of the department to the “Department of Commerce” and authorized the Division of Law Revision to update the name of the department
throughout the Florida statutes. Ch. 2023-173, Las of Fla.
7 S. 443.1316, F.S.
8 Ch. 2012-30, Laws of Fla.
9 S. 443.111(5), F.S. The maximum amount of benefits available is calculated by multiplying an individual’s weekly benefit amount by
the number of available benefit weeks.
10 Pursuant to section 443.111(3), F.S., the “weekly benefit amount,” is an amount equal to one twenty-sixth of the total wages for
insured work paid during the quarter of the base period where the wages paid were highest.
11 S. 443.111(5)(c), F.S. If the average unemployment rate for the 3 months in the most recent third calendar year quarter is at or below
5 percent, then the maximum weeks of benefits available is 12; for each 0.5 percent that the unemployment rate is above 5 percent, an
additional week of benefits becomes available up to 23 weeks at an unemployment rate of 10.5 percent. On January 1, 2021, the
maximum weeks of benefits increased from 12 weeks to 19 weeks based on the three month average of July, August, and September
of 2020, which was 8.7 percent.
12 The average weekly benefit amount for each quarter in 2020 was: first quarter – $254; second quarter – $236; third quarter – $227;
and fourth quarter – $228. U.S. Department of Labor, Unemployment Insurance Data, run report for Florida, available at
https://oui.doleta.gov/unemploy/data_summary/DataSum.asp, (last visited Feb. 2, 2024).
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DATE: 2/4/2024
The maximum available weeks is set at the beginning of the year and applies for the entire calendar
year. The maximum available weeks is based upon the average seasonally adjusted statewide
unemployment rate for the months of July, August, and September. 13 If the average rate for that most
recent third calendar year quarter is at or below 5 percent, then the maximum weeks of benefits
available is 12 weeks. For each 0.5 percent step about 5 percent, an additional week of benefits is
added to the maximum duration, up to 23 weeks of benefits if that average third quarter unemployment
rate is 10.5 percent. On January 1, 2021, the maximum weeks of benefits increased from 12 weeks to
19 weeks based on the three month average of July, August, and September of 2020, which was 8.6
percent. 14
To receive benefits, a claimant must meet certain monetary and non-monetary eligibility requirements.
Key eligibility requirements involve a claimant’s earnings during a certain period of time, the manner in
which the claimant became unemployed, and the claimant’s efforts to find new employment. 15
Benefit Eligibility Conditions
A claimant must meet certain requirements in order to be eligible for benefits for each week of
unemployment. Generally, these include efforts related to finding new employment, such as: 16
• Completing the department’s online work registration; 17
• Reporting to the One-Stop Career Center when directed to do so by the local CareerSource
board;
• Being able to and available for work; 18
• Contacting at least 5 prospective employers each week or going to the One-Stop Career Center
for reemployment services; and
• Participating in reemployment services.
For each week of benefits claimed, a claimant must submit to the department the name, address, and
telephone number of each prospective employer contacted. 19 A claimant must be actively seeking work
to be considered available for work. “This means engaging in systematic and sustained efforts to find
work, including contacting at least five prospective employers for each week of unemployment claimed”
or three prospective employers for individuals who live in small counties. 20 Proof of work search efforts
cannot include the same prospective employer at the same location in three consecutive weeks, unless
in the meantime the employer has indicated that it is hiring. The department conducts random audits of
the submitted information to verify that claimants are meeting these requirements.
The requirement to be available for work and able to work applies to an individual during the major
portion of the individual’s customary work week. Consequently, individuals whose benefits are not
based on full-time work are not required to seek or be available to accept full-time work. 21
13 S. 443.111(5)(c), F.S. Typically in the calculation of monthly unemployment rates, a rate is published about midway through the
following month and the revised rate is published about midway through the next month. See The Department of Commerce,
Unemployment – Local Area Unemployment Statistics (LAUS) – Release Schedule, (2021), available at
http://lmsresources.labormarketinfo.com/library/DataReleaseSchedule.pdf, (last visited Feb. 2, 2024).
14 The Department of Commerce, Florida Department of Economic Opportunity Announces Florida Achieves Six Consecutive Months of
Month-Over-Month Job Growth, (November 20, 2020), available at https://floridajobs.org/news-center/DEO-Press/2020/11/20/florida-
department-of-economic-opportunity-announces-florida-achieves-six-consecutive-months-of-month-over-month-job-growth, (last visited
Feb. 2, 2024).
15 See S. 443.101, F.S.
16 S. 443.091(1), F.S.,
17 See S. 443.091(1)(b), F.S., and Employ Florida, available at https://www.employflorida.com/vosnet/Default.aspx, (last visited Feb. 2,
2024). Employ Florida Marketplace is a partnership of Workforce Florida, Inc., and the Department of Commerce. It provides
job-matching and workforce resources.
18 “Able to work” means physically and mentally capable of performing the duties of the occupation in which work is being sought.
“Available for work” means actively seeking and being ready and willing to accept suitable work. See S. 443.036(1) and (6), F.S. See
also R. 73B-11.021(2), F.A.C.
19 S. 449.091(1)(c)1., F.S.
20 S. 443.091(1)(d), F.S. A “small county” is a county that has an unincarcerated population of 75,000 or less. S. 120.52(19), F.S.
21 R. 73B-11.021(2), F.A.C.
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An individual must make a thorough and continued effort to obtain work and take positive actions to
become reemployed. To aid unemployed individuals, free reemployment services and assistance are
available. 22
The department’s website provides links to local, state, and national employment databases and to
resources for job training or further educational opportunities. The One-Stop Career Centers provide
job search counseling and workshops, occupational and labor market information, referral to potential
employers, and job training assistance. Claimants may also receive an e-mail from the Employ Florida
Marketplace with information about employment services or available jobs. Additionally, a claimant may
be selected to participate in reemployment assistance services, such as the Reemployment Services
and Eligibility Assessment (RESEA) program, designed to address the reemployment needs of
claimants. 23 Current law requires the department to offer an online assessment aimed at identifying an
individuals’ skills, abilities, and career aptitude and provides that the skills assessment must be
voluntary. 24 This online assessment must be made available to any person seeking services from a
One-Stop Career Center or from a local workforce development board. 25
Currently, if you are a non-resident of Florida you are exempt from having to complete the department’s
online work registration and reporting to the one-stop career center as directed by the local workforce
development board for reemployment services.
Disqualification for Reemployment Assistance Benefits
Current law specifies the circumstances under which an individual would be disqualified from receiving
benefits. These circumstances include: 26
• Voluntarily leaving work without good cause, or being discharged by his or her employing unit
for misconduct connected with the work; 27
• Failing to apply for available suitable work when directed by the department or the One-Stop
Career Center, to accept suitable work when offered, or to return to suitable self-employment
when directed to do so; 28
• Making false or fraudulent representations in filing for benefits;
• Being discharged from employment due to drug use or rejection from a job offer for failing a
drug test; and
• Becoming unavailable for work due to incarceration or imprisonment.
Current law also specifies the duration of the disqualification and the requirements for requalification for
an individual’s next benefit claim, depending on the reason for the disqualification. 29
Effect of the Bill
The bill provides that it may be cited as the “Promoting Work, Deterring Fraud Act of 2024.”
Under the bill, non-Florida residents would be required to seek reemployment assistance benefits to
report to workforce centers in their state of residence.
22 R. 73B-11.011(12), F.A.C. “Reemployment services” is defined as job search assistance, job and vocational training referrals,
employment counseling and testing, labor market information, employability skills enhancement, needs assessment, orientation, and
other related services provided by One-Stop Career Centers operated by local regional workforce boards.
23 RESEA services may include an orientation, initial assessment, labor market information, employability development plan, and work
search services. The Department of Commerce, Program Description, available at https://floridajobs.org/office-directory/division-of-
workforce-services/workforce-programs/reemployment-services-and-eligibility-assessment-program, (last visited Feb. 2, 2024). R. 73B-
3.028, F.A.C., provides more information on reemployment services and requirements for participation.
24 S. 443.091, F.S.
25 Id.
26 S. 443.101, F.S.
27 An individual is not disqualified for voluntarily leaving temporary work to return to full time work, or to relocate with his or her military
spouse due to relocation orders, or due to circumstances related to domestic violence.
28 S. 443.101(2), F.S.
29 S. 443.091, F.S.
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The bill removes language in current law specifying that the online assessment the department must
offer to identify skills, abilities, and career aptitude is voluntary.
Under the bill, a claimant must weekly complete at least one job application is person with an employer
that has an expected job opening, and must certify and attest biweekly that they will appear for all
scheduled interviews and actively seek work. The department must adopt rules regarding work search
requirements for the purpose of ensuring claimants’ good faith participation.
The bill amends the disqualification for benefits provisions in current law to add more conditions that
can disqualify an individual from receiving benefits:
• Failing to contact at least five prospective employers per week, unless otherwise exempt;
• Failing to appear on three or more occasions for a scheduled job interview;
• Failing to accept suitable work within 2 business days of being offered; or
• Failing to return to the individual’s self-employment when directed by the department, or when
recalled to work by their former employer.
The bill provides that the department shall maintain a web page and e-mail address for employers to
report known or suspected violations and that the department shall notify employers of this state the
web page and e-mail address.
Under the bill, the department is required to verify the identity of each claimant who applies for
reemployment assistance benefits before paying any benefits to that individual and to weekly cross-
check the information contained in the claim with various specified national and state databases. The
specified databases for the department to utilize include:
• The National Association of State Workforce Agencies Integrity Data Hub; 30
• The United States Department of Health and Human Services National Directory of New
Hires; 31
• The State Directory of New Hires; 32
• The Department of Corrections inmate database;
• The Social Security Administration (SSA) Prisoner Update Processing System 33
• The Centers for Disease Control and Prevention National Vital Statistics System death records
database; 34
• The Department of Health Bureau of Vital Statistics death records database; 35
• The United States Citizenship and Immigration Services SAVE database 36 – which allows
federal, state, and local benefit-granting agencies to verify a benefit applicant’s immigration
status or naturalized/derived citizenship.
The bill provides that the department may not pay any claim that has not been cross-checked against
all the sources listed above, or similar sources of information.
30 This is a free resource to state workforce agency staff with advanced data cross-matching and analysis capabilities that detects and
prevents unemployment insurance fraud and improper payments. National Association of State Workforce Agencies Integrity Data Hub
available at https://www.naswa.org/integrity-center/integrity-data-hub, (last visited Feb. 2, 2024).
31 Which is a database that legally requires federal and state workforce agencies to report their new hires, quarterly wages, and
unemployment insurance data, and is only available to authorized persons or entities for authorized purposes. A Guide to the National
Directory of New Hires, (January 2023), available at
https://www.acf.hhs.gov/sites/default/files/documents/ocse/a_guide_to_the_national_directory_of_new_hires.pdf, (last visited Feb. 2,
2024).
32 The State Directory of New Hires is a database maintained by each state containing information regarding newly hired employees for
the respective state. See S. 409.2576, F.S. and 42 U.S.C. § 653a.
33 This system contains data reported to SSA and retained on the Prisoner Update Processing System. Examples of the data are
confinement date, released date, reporter name and facility name and address. See the Social Security Administration Program
Operations Manual System, Developing Prisoner Update Processing System Records and Alerts, GN 02607.600.
34 This database collects and shares statistics about births, deaths, marriages, divorces, and fetal deaths. About the National Vital
Statistics System, CTRS. FOR DISEASE CONTROL & PREVENTION, available at https://www.cdc.gov/nchs/nvss/about_nvss.htm,
(last visited Feb. 2, 2024).
35 This database collects all birth, marriage, and death certificates in Florida. See S. 20.43(1)(c), F.S.
36 Allows federal, state, and local benefit-granting agencies to verify a benefit applicant’s immigration status or naturalized/derived
citizenship. See 42 U.S.C. § 1320b-7.
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The bill also provides that the department must do all of the following:
• Investigate any claim indicating suspicious activity associated with a mailing address, a bank
account, an e-mail address, a telephone number, or an internet protocol address that is associated
with another existing claim for reemployment assistance benefits and verify that the claim is
legitimate and not fraudulent before paying any benefits for the claim.
• Scrutinize any claim filed from a foreign Internet protocol address before paying any benefits for the
claim.
• Work with the United States Department of Labor, other workforce agencies outside the state, the
Office of the Attorney General, the Department of Law Enforcement, or other relevant law
enforcement entities to share information related to fraudulent claims to the extent feasible for
further investigation and prosecution.
• Each year, submit to the Legislature and make available on its website, a report identifying the
number of fraudulent reemployment assistance claims identified for the prior year, the number of
claims not paid due to successful detection of fraudulent intentions, the number of claims and the
amount of reemployment assistance benefits paid against claims subsequently identified as
fraudulent, the amount of fraudulent overpayments recovered, and the number of fraudulent claims
referred for investigation and possible prosecution. The report must also list the sources of
information that were used to cross-check claims during the reporting period.
The bill requires the department, in alignment with the Federal Regulations public labor exchange
services systems requirements, to procure a modernized online workforce search and match tool that
includes artificial intelligence generation for the purpose of matching participants to jobs and training
opportunities. The tool must be interoperable through an application programming interface with the
consumer-first workplace system and the tool must include a knowledge, skills, and interests
assessment for the purpose of guiding participants to jobs and training opportunities.
The bill updates cross references to conform with the provisions of the bill.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Provides that the act may be cited as the “Promoting Work, Deterring Fraud Act of 2024.”
Section 2: Amends s. 443.091, F.S., relating to benefit eligibility conditions.
Section 3: Amends s. 443.101, F.S., relating to disqualification of benefits.
Section 4: Creates s. 443.1112, F.S., relating to verification of reemployment assistance benefit
eligibility.
Section 5: Amends s. 443.121, F.S., relating to employing units affected.
Section 6: Amends s. 443.151, F.S., relating to procedure concerning claims.
Section 7: Amends s. 445.003, F.S., relating to implementation of the federal Workforce Innovation
and Opportunity Act.
Section 8: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
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None.
2. Expenditures:
The department may incur initial and recurring costs to create and maintain the online workforce
search and match tool, the website and e-mail address for employers to report suspected violations,
and check the required databases. Provisions in the bill may also function to lower the amount of
reemployment assistance benefits paid out.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. If provisions in the bill function to lower the amount of reemployment assistance benefits
paid out, employers could see a reduction in their contribution rates over time.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires the department to adopt rules regarding work search requirements for the purpose of
ensuring claimants’ good faith participation with weekly job search requirements.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1289 2024
1 A bill to be entitled
2 An act relating to verification of reemployment
3 assistance benefit eligibility; providing a short
4 title; amending s. 443.091, F.S.; providing
5 requirements for reemployment assistance benefit
6 conditions for non-Florida residents; removing
7 requirements that certain skills assessments of
8 claimants be voluntary; providing specified
9 requirements for claimants; requiring the Department
10 of Commerce to implement rules; amending s. 443.101,
11 F.S.; making a technical change; revising
12 circumstances under which the department disqualifies
13 claimants from benefits; requiring the department to
14 maintain a web page and an e-mail address for a
15 specified purpose and to notify employers each year of
16 the web page and e-mail address; creating s. 443.1112,
17 F.S.; requiring the department to verify claimants'
18 identities before paying benefits; requiring the
19 department to weekly cross-check certain information;
20 providing sources against which such information is
21 cross-checked; prohibiting benefits from being paid
22 for claims that have not been cross-checked; providing
23 duties of the department; providing annual reporting
24 requirements; amending ss. 443.121 and 443.151, F.S.;
25 conforming a cross-reference; amending s. 445.003,
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26 F.S.; requiring the department to procure an online
27 workforce search and match tool for a specified
28 purpose; providing requirements for such tool;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. This act may be cited as the "Promoting Work,
34 Deterring Fraud Act of 2024."
35 Section 2. Present subsections (2) through (5) of section
36 443.091, Florida Statutes, are redesignated as subsections (3)
37 through (6), respectively, a new subsection (2) is added to that
38 section, and subsection (1) of that section is amended, to read:
39 443.091 Benefit eligibility conditions.—
40 (1) An unemployed individual is eligible to receive
41 benefits for any week only if the Department of Commerce finds
42 that:
43 (a) She or he has made a claim for benefits for that week
44 in accordance with the rules adopted by the department.
45 (b) She or he has completed the department's online work
46 registration and subsequently reports to the one-stop career
47 center as directed by the local workforce development board for
48 reemployment services, or to a workforce center in the state of
49 his or her residence if he or she is a non-Florida resident.
50 This requirement does not apply to persons who are:
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51 1. Non-Florida residents;
52 1.2. On a temporary layoff;
53 2.3. Union members who customarily obtain employment
54 through a union hiring hall;
55 3.4. Claiming benefits under an approved short-time
56 compensation plan as provided in s. 443.1116; or
57 4.5. Unable to complete the online work registration due
58 to illiteracy, physical or mental impairment, a legal
59 prohibition from using a computer, or a language impediment. If
60 a person is exempted from the online work registration under
61 this subparagraph, then the filing of his or her claim
62 constitutes registration for work.
63 (c) To make continued claims for benefits, she or he is
64 reporting to the department in accordance with this paragraph
65 and department rules. Department rules may not conflict with s.
66 443.111(1)(b), which requires that each claimant continue to
67 report regardless of any pending appeal relating to her or his
68 eligibility or disqualification for benefits.
69 1. For each week of unemployment claimed, each report
70 must, at a minimum, include the name and address of each
71 prospective employer contacted, or the date the claimant
72 reported to a one-stop career center, pursuant to paragraph (d).
73 For the purposes of this subparagraph, the term "address" means
74 a website address, a physical address, or an e-mail address.
75 2. The department shall offer an online assessment aimed
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76 at identifying an individual's skills, abilities, and career
77 aptitude. The skills assessment must be voluntary, and the
78 department shall allow a claimant to choose whether to take the
79 skills assessment. The online assessment shall be made available
80 to any person seeking services from a local workforce
81 development board or a one-stop career center.
82 a. If the claimant chooses to take the online assessment,
83 The outcome of the assessment shall be made available to the
84 claimant, local workforce development board, and one-stop career
85 center. The department, local workforce development board, or
86 one-stop career center shall use the assessment to develop a
87 plan for referring individuals to training and employment
88 opportunities. Aggregate data on assessment outcomes may be made
89 available to CareerSource Florida, Inc., for use in the
90 development of policies related to education and training
91 programs that will ensure that businesses in this state have
92 access to a skilled and competent workforce.
93 b. Individuals shall be informed of and offered services
94 through the one-stop delivery system, including career
95 counseling, the provision of skill match and job market
96 information, and skills upgrade and other training
97 opportunities, and shall be encouraged to participate in such
98 services at no cost to the individuals. The department shall
99 coordinate with CareerSource Florida, Inc., the local workforce
100 development boards, and the one-stop career centers to identify,
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101 develop, and use best practices for improving the skills of
102 individuals who choose to participate in skills upgrade and
103 other training opportunities. The department may contract with
104 an entity to create the online assessment in accordance with the
105 competitive bidding requirements in s. 287.057. The online
106 assessment must work seamlessly with the Reemployment A ssistance
107 Claims and Benefits Information System.
108 (d) She or he is able to work and is available for work.
109 In order to assess eligibility for a claimed week of
110 unemployment, the department shall develop criteria to determine
111 a claimant's ability to work and availability for work. A
112 claimant must be actively seeking work in order to be considered
113 available for work. This means engaging in systematic and
114 sustained efforts to find work, including contacting at least
115 five prospective employers for each week of unemployment
116 claimed. Each week, a claimant must complete at least one job
117 application in person with an employer that has an expected job
118 opening. A claimant must certify and attest biweekly that he or
119 she will, to the best of his or her ability, appear for all
120 scheduled interviews and is actively seeking work. The
121 department may require the claimant to provide proof of such
122 efforts to the one-stop career center as part of reemployment
123 services. A claimant's proof of work search efforts may not
124 include the same prospective employer at the same location in 3
125 consecutive weeks, unless the employer has indicated since the
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126 time of the initial contact that the employer is hiring. The
127 department shall conduct random reviews of work search
128 information provided by claimants. As an alternative to
129 contacting at least five prospective employers for any week of
130 unemployment claimed, a claimant may, for that same week, report
131 in person to a one-stop career center to meet with a
132 representative of the center and access reemployment services of
133 the center. The center shall keep a record of the services or
134 information provided to the claimant and shall provide the
135 records to the department upon request by the department.
136 However:
137 1. Notwithstanding any other provision of this paragraph
138 or paragraphs (b) and (e), an otherwise eligible individual may
139 not be denied benefits for any week because she or he is in
140 training with the approval of the department, or by reason of s.
141 443.101(2) relating to failure to apply for, or refusal to
142 accept, suitable work. Training may be approved by the
143 department in accordance with criteria prescribed by rule. A
144 claimant's eligibility during approved training is contingent
145 upon satisfying eligibility conditions prescribed by rule.
146 2. Notwithstanding any other provision of this chapter, an
147 otherwise eligible individual who is in training approved under
148 s. 236(a)(1) of the Trade Act of 1974, as amended, may not be
149 determined ineligible or disqualified for benefits due to
150 enrollment in such training or because of leaving work that is
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151 not suitable employment to enter such training. As used in this
152 subparagraph, the term "suitable employment" means work of a
153 substantially equal or higher skill level than the worker's past
154 adversely affected employment, as defined for purposes of the
155 Trade Act of 1974, as amended, the wages for which are at least
156 80 percent of the worker's average weekly wage as determined for
157 purposes of the Trade Act of 1974, as amended.
158 3. Notwithstanding any other provision of this section, an
159 otherwise eligible individual may not be denied benefits for any
160 week because she or he is before any state or federal court
161 pursuant to a lawfully issued summons to appear for jury duty.
162 4. Union members who customarily obtain employmen t through
163 a union hiring hall may satisfy the work search requirements of
164 this paragraph by reporting daily to their union hall.
165 5. The work search requirements of this paragraph do not
166 apply to persons who are unemployed as a result of a temporary
167 layoff or who are claiming benefits under an approved short-time
168 compensation plan as provided in s. 443.1116.
169 6. In small counties as defined in s. 120.52(19), a
170 claimant engaging in systematic and sustained efforts to find
171 work must contact at least three prospective employers for each
172 week of unemployment claimed.
173 7. The work search requirements of this paragraph do not
174 apply to persons required to participate in reemployment
175 services under paragraph (e).
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176 (e) She or he participates in reemployment services, such
177 as job search assistance services, whenever the individual has
178 been determined, by a profiling system established by the rules
179 of the department, to be likely to exhaust regular benefits and
180 to be in need of reemployment services.
181 (f) She or he has been unemployed for a waiting period of
182 1 week. A week may be counted as a waiting week under this
183 subsection only if:
184 1. It occurs within the benefit year that includes the
185 week for which she or he claims payment of benefits;
186 2. Benefits have not been paid for that week; and
187 3. The individual was eligible for benefits for that week
188 as provided in this section and s. 443.101, except for the
189 requirements of this subsection and s. 443.101(5).
190 (g) She or he has been paid wages for insured work equ al
191 to 1.5 times her or his high quarter wages during her or his
192 base period, except that an unemployed individual is not
193 eligible to receive benefits if the base period wages are less
194 than $3,400.
195 (h) She or he submitted to the department a valid social
196 security number assigned to her or him. The department may
197 verify the social security number with the United States Social
198 Security Administration and may deny benefits if the department
199 is unable to verify the individual's social security number, the
200 social security number is invalid, or the social security number
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201 is not assigned to the individual.
202 (2) The department shall adopt rules regarding work search
203 requirements for the purpose of ensuring claimants' good faith
204 participation.
205 Section 3. Subsection (2) of section 443.101, Florida
206 Statutes, is amended to read:
207 443.101 Disqualification for benefits.—An individual shall
208 be disqualified for benefits:
209 (2) If the Department of Commerce Economic Opportunity
210 finds that the individual has failed without good cause to apply
211 for available suitable work, failed to contact at least five
212 prospective employers per week in accordance with s. 443.091
213 unless otherwise exempt, failed to appear on three or more
214 occasions for a scheduled job interview, failed to accept within
215 2 business days suitable work when offered to him or her, or
216 failed to return to the individual's customary self-employment
217 when directed by the department or when recalled to work by his
218 or her former employer, the disqualification continues for the
219 full period of unemployment next ensuing after he or she failed
220 without good cause to apply for available suitable work, accept
221 suitable work, or return to his or her customary self -
222 employment, and until the individual has earned income of at
223 least 17 times his or her weekly benefit amount. The department
224 shall by rule adopt criteria for determining the "suitability of
225 work," as used in this section. In developing these rules, the
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226 department shall consider the duration of a claimant's
227 unemployment in determining the suitability of work and the
228 suitability of proposed rates of compensation for available
229 work. Further, after an individual has received 25 weeks of
230 benefits in a single year, suitable work is a job that pays the
231 minimum wage and is 120 percent or more of the weekly benefit
232 amount the individual is drawing.
233 (a) In determining whether or not any work is suitable for
234 an individual, the department shall consider the degree of risk
235 to the individual's health, safety, and morals; the individu al's
236 physical fitness, prior training, experience, prior earnings,
237 length of unemployment, and prospects for securing local work in
238 his or her customary occupation; and the distance of the
239 available work from his or her residence.
240 (b) Notwithstanding any other provisions of this chapter,
241 work is not deemed suitable and benefits may not be denied to
242 any otherwise eligible individual for refusing to accept new
243 work under any of the following conditions:
244 1. The position offered is vacant due directly to a
245 strike, lockout, or other labor dispute.
246 2. The wages, hours, or other conditions of the work
247 offered are substantially less favorable to the individual than
248 those prevailing for similar work in the locality.
249 3. As a condition of being employed, the individual is
250 required to join a company union or to resign from or refrain
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251 from joining any bona fide labor organization.
252 (c) If the department finds that an individual was
253 rejected for offered employment as the direct result of a
254 positive, confirmed drug test required as a condition of
255 employment, the individual is disqualified for refusing to
256 accept an offer of suitable work.
257 (d) The department shall maintain a web page and an e-mail
258 address through which employers may report known or suspected
259 violations of this section. Each year the department shall
260 notify employers in the state of this web page and e-mail
261 address for reporting violations.
262 Section 4. Section 443.1112, Florida Statutes, is created
263 to read:
264 443.1112 Verification of reemployment assistance benefit
265 eligibility.—
266 (1) The Department of Commerce shall verify the identity
267 of each claimant who applies for reemployment assistance
268 benefits before paying any benefits to that individual.
269 (2) In determining the eligibility of a claim for
270 reemployment assistance benefits, the department shall weekly
271 cross-check the information contained in the claim with all of
272 the following sources or similar sources of information:
273 (a) The National Association of State Workforce Agencies
274 Integrity Data Hub.
275 (b) The United States Department of Health and Human
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276 Services National Directory of New Hires.
277 (c) The State Directory of New Hires created in s.
278 409.2576.
279 (d) The Department of Corrections inmate database.
280 (e) The Social Security Administration Prisoner Update
281 Processing System.
282 (f) The Centers for Disease Control and Prevention
283 National Vital Statistics System death records database.
284 (g) The Department of Health Bureau of Vital Statistics
285 death records database.
286 (h) The United States Citizenship and Immigration Services
287 SAVE database.
288 (3) Reemployment assistance benefits administered by the
289 department may not be paid for any claim that has not been
290 cross-checked against all the sources specified in subsection
291 (2) or similar sources of information.
292 (4) The department shall do all of the following:
293 (a) Investigate any claim indicating suspicious activity
294 associated with a mailing address, a bank account, an e -mail
295 address, a telephone number, or an Internet protocol address
296 that is associated with another existing claim for reemployment
297 assistance benefits and verify that the claim is legitimate and
298 not fraudulent before paying any benefits for the claim.
299 (b) Scrutinize any claim filed from a foreign Internet
300 protocol address before paying any benefits for the claim.
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301 (c) Work with the United States Department of Labor, other
302 workforce agencies outside the state, the Office of the Attorney
303 General, the Department of Law Enforcement, or other relevant
304 law enforcement entities to share information related to
305 fraudulent claims or attempted fraudulent claims to the extent
306 feasible for further investigation and prosecution.
307 (d) Each year, submit to the Legislature and make
308 available on its website, a report identifying the nu mber of
309 fraudulent reemployment assistance claims identified for the
310 prior year, the number of claims not paid due to successful
311 detection of fraudulent intentions, the number of claims and the
312 amount of reemployment assistance benefits paid against claims
313 subsequently identified as fraudulent, the amount of fraudulent
314 overpayments recovered, and the number of fraudulent claims
315 referred for investigation and possible prosecution. The report
316 must also list the sources of information that were used to
317 cross-check claims during the reporting period.
318 Section 5. Paragraph (c) of subsection (3) of section
319 443.121, Florida Statutes, is amended to read:
320 443.121 Employing units affected.—
321 (3) ELECTIVE COVERAGE.—
322 (c) Certain services for political subdivisions.—
323 1. Any political subdivision of this state may elect to
324 cover under this chapter, for at least 1 calendar year, service
325 performed by employees in all of the hospitals and institutions
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326 of higher education operated by the political subdivision.
327 Election must be made by filing with the tax collection service
328 provider a notice of election at least 30 days before the
329 effective date of the election. The election may exclude any
330 services described in s. 443.1216(4). Any political subdivision
331 electing coverage under this paragraph must be a reimbursing
332 employer and make reimbursements in lieu of contributions for
333 benefits attributable to this employment, provided for nonprofit
334 organizations in s. 443.1312(3) and (5).
335 2. The provisions of s. 443.091(4) s. 443.091(3) relating
336 to benefit rights based on service for nonprofit organizations
337 and state hospitals and institutions of higher education also
338 apply to service covered by an election under this section.
339 3. The amounts required to be reimbursed in lieu of
340 contributions by any political subdivision under this paragraph
341 shall be billed, and payment made, as provided in s. 443.1312(3)
342 for similar reimbursements by nonprofit organizations.
343 4. An election under this paragraph may be terminated
344 after at least 1 calendar year of coverage by filing with the
345 tax collection service provider written notice not later than 30
346 days before the last day of the calendar year in which the
347 termination is to be effective. The termination takes effect on
348 January 1 of the next ensuing calendar year for services
349 performed after that date.
350 Section 6. Paragraph (b) of subsection (2) of section
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351 443.151, Florida Statutes, is amended to read:
352 443.151 Procedure concerning claims.—
353 (2) FILING OF CLAIM INVESTIGATIONS; NOTIFICATION OF
354 CLAIMANTS AND EMPLOYERS.—
355 (b) Process.—When the Reemployment Assistance Claims and
356 Benefits Information System described in s. 443.1113 is fully
357 operational, the process for filing claims must incorporate the
358 process for registering for work with the consumer-first
359 workforce system established under s. 445.011. Unless exempted
360 under s. 443.091(1)(b)4. s. 443.091(1)(b)5., a claim for
361 benefits may not be processed until the work registration
362 requirement is satisfied. The department may adopt rules as
363 necessary to administer the work registration requirement set
364 forth in this paragraph.
365 Section 7. Subsection (8) is added to section 445.003,
366 Florida Statutes, to read:
367 445.003 Implementation of the federal Workforce Innovation
368 and Opportunity Act.—
369 (8) ONLINE WORKFORCE SEARCH AND MATCH TOOL.—The
370 department, in alignment with the implementation of 20 C.F.R. s.
371 652.3 to administer a public labor exchange services system,
372 shall procure a modernized online workforce search and match
373 tool that includes artificial intelligence generation for the
374 purpose of matching participants to jobs and training
375 opportunities. The tool must be interoperable through an
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hb1289-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1289 2024
376 application programming interface with the consumer -first
377 workforce system implemented in s. 445.011, and the tool must
378 include a knowledge, skills, and interests assessment for the
379 purpose of guiding participants to jobs and training
380 opportunities.
381 Section 8. This act shall take effect July 1, 2024.
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hb1289-00
REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1289 by Rep. Abbott
Verification of Reemployment Assistance Benefit Eligibility
AMENDMENT SUMMARY
February 6, 2023
Amendment 1 by Rep. Abbott (line 35-364):
• Removes the requirement that non-Florida residents who seek reemployment assistance
benefits from the Department of Commerce report to workforce centers in their state of
residence.
• Makes conforming changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Abbott offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 35-364 and insert:
7 Section 2. Subsection (2) of section 443.101, Florida
8 Statutes, is amended to read:
9 443.101 Disqualification for benefits.—An individual shall
10 be disqualified for benefits:
11 (2) If the Department of Commerce Economic Opportunity
12 finds that the individual has failed without good cause to apply
13 for available suitable work, failed to contact at least five
14 prospective employers per week in accordance with s. 443.091
15 unless otherwise exempt, failed to appear on three or more
16 occasions for a scheduled job interview, failed to accept within
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
17 2 business days suitable work when offered to him or her, or
18 failed to return to the individual's customary self-employment
19 when directed by the department or when recalled to work by his
20 or her former employer, the disqualification continues for the
21 full period of unemployment next ensuing after he or she failed
22 without good cause to apply for available suitable work, accept
23 suitable work, or return to his or her customary self-
24 employment, and until the individual has earned income of at
25 least 17 times his or her weekly benefit amount. The department
26 shall by rule adopt criteria for determining the "suitability of
27 work," as used in this section. In developing these rules, the
28 department shall consider the duration of a claimant's
29 unemployment in determining the suitability of work and the
30 suitability of proposed rates of compensation for available
31 work. Further, after an individual has received 25 weeks of
32 benefits in a single year, suitable work is a job that pays the
33 minimum wage and is 120 percent or more of the weekly benefit
34 amount the individual is drawing.
35 (a) In determining whether or not any work is suitable for
36 an individual, the department shall consider the degree of risk
37 to the individual's health, safety, and morals; the individual's
38 physical fitness, prior training, experience, prior earnings,
39 length of unemployment, and prospects for securing local work in
40 his or her customary occupation; and the distance of the
41 available work from his or her residence.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
42 (b) Notwithstanding any other provisions of this chapter,
43 work is not deemed suitable and benefits may not be denied to
44 any otherwise eligible individual for refusing to accept new
45 work under any of the following conditions:
46 1. The position offered is vacant due directly to a
47 strike, lockout, or other labor dispute.
48 2. The wages, hours, or other conditions of the work
49 offered are substantially less favorable to the individual than
50 those prevailing for similar work in the locality.
51 3. As a condition of being employed, the individual is
52 required to join a company union or to resign from or refrain
53 from joining any bona fide labor organization.
54 (c) If the department finds that an individual was
55 rejected for offered employment as the direct result of a
56 positive, confirmed drug test required as a condition of
57 employment, the individual is disqualified for refusing to
58 accept an offer of suitable work.
59 (d) The department shall maintain a web page and an e-mail
60 address through which employers may report known or suspected
61 violations of this section. Each year the department shall
62 notify employers in the state of this web page and e-mail
63 address for reporting violations.
64 Section 3. Section 443.1112, Florida Statutes, is created
65 to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
66 443.1112 Verification of reemployment assistance benefit
67 eligibility.—
68 (1) The Department of Commerce shall verify the identity
69 of each claimant who applies for reemployment assistance
70 benefits before paying any benefits to that individual.
71 (2) In determining the eligibility of a claim for
72 reemployment assistance benefits, the department shall weekly
73 cross-check the information contained in the claim with all of
74 the following sources or similar sources of information:
75 (a) The National Association of State Workforce Agencies
76 Integrity Data Hub.
77 (b) The United States Department of Health and Human
78 Services National Directory of New Hires.
79 (c) The State Directory of New Hires created in s.
80 409.2576.
81 (d) The Department of Corrections inmate database.
82 (e) The Social Security Administration Prisoner Update
83 Processing System.
84 (f) The Centers for Disease Control and Prevention
85 National Vital Statistics System death records database.
86 (g) The Department of Health Bureau of Vital Statistics
87 death records database.
88 (h) The United States Citizenship and Immigration Services
89 SAVE database.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
90 (3) Reemployment assistance benefits administered by the
91 department may not be paid for any claim that has not been
92 cross-checked against all the sources specified in subsection
93 (2) or similar sources of information.
94 (4) The department shall do all of the following:
95 (a) Investigate any claim indicating suspicious activity
96 associated with a mailing address, a bank account, an e-mail
97 address, a telephone number, or an Internet protocol address
98 that is associated with another existing claim for reemployment
99 assistance benefits and verify that the claim is legitimate and
100 not fraudulent before paying any benefits for the claim.
101 (b) Scrutinize any claim filed from a foreign Internet
102 protocol address before paying any benefits for the claim.
103 (c) Work with the United States Department of Labor, other
104 workforce agencies outside the state, the Office of the Attorney
105 General, the Department of Law Enforcement, or other relevant
106 law enforcement entities to share information related to
107 fraudulent claims or attempted fraudulent claims to the extent
108 feasible for further investigation and prosecution.
109 (d) Each year, submit to the Legislature and make
110 available on its website a report identifying the number of
111 fraudulent reemployment assistance claims identified for the
112 prior year, the number of claims not paid due to successful
113 detection of fraudulent intentions, the number of claims and the
114 amount of reemployment assistance benefits paid against claims
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1289 (2024)
Amendment No. 1
115 subsequently identified as fraudulent, the amount of fraudulent
116 overpayments recovered, and the number of fraudulent claims
117 referred for investigation and possible prosecution. The report
118 must also list the sources of information that were used to
119 cross-check claims during the reporting period.
120
121 -----------------------------------------------------
122 T I T L E A M E N D M E N T
123 Remove lines 4-25 and insert:
124 title; amending s. 443.101, F.S.; making a technical change;
125 revising circumstances under which the department disqualifies
126 claimants from benefits; requiring the department to maintain a
127 web page and an e-mail address for a specified purpose and to
128 notify employers each year of the web page and e-mail address;
129 creating s. 443.1112, F.S.; requiring the department to verify
130 claimants' identities before paying benefits; requiring the
131 department to weekly cross-check certain information; providing
132 sources against which such information is cross-checked;
133 prohibiting benefits from being paid for claims that have not
134 been cross-checked; providing duties of the department;
135 providing annual reporting requirements; amending s. 445.003,
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HB 1311
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1311 Office of the Blue Economy
SPONSOR(S): LaMarca and others
TIED BILLS: IDEN./SIM. BILLS: SB 1754
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Phelps Anstead
Subcommittee
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The blue economy, or the ocean economy, is a term used to describe the economic activities associated with the
oceans and seas. Florida has the second longest coastline among US states and territories, which contains natural
resources and infrastructure that represents a large portion of the state’s economy. Recently, it has been found that
in order to support Florida’s coastal natural resources and infrastructure, and mitigate related threats, certain
strategies and actions, such as developing and expanding the resources that support Florida’s blue economy, would
be beneficial.
Currently, the Department of Commerce (Department), assists the Governor in working with the Legislature, state
agencies, business leaders, and economic development professionals to promote consistent economic opportunities
for all Floridians. The Department is the state’s chief agency for business recruitment and expansion and economic
development. The Department includes the Division of Economic Development, Division of Community
Development, Division of Workforce Services, Division of Finance and Administration, Division of Information
Technology, Office of the Secretary, and Office of Economic Accountability and Transparency.
The bill:
• Establishes the Office of the Blue Economy (Office) as part of the Department.
• Requires the Office, in part, to connect the state's ocean and coastal resources to certain economic
development strategies, survey state universities and colleges on the development of academic research,
collaborate with relevant industries, develop and facilitate academic research and startup funding, and
promote the state’s blue economy role on national and international platforms.
• Creates the Marine and Maritime Resources Grant Program within the Office to connect the state’s blue
economy resources to Florida Universities and Colleges.
• Requires the Office to review and certify applications for grant funding from state universities and Florida
College System institutions.
• Authorizes the Department to:
o Identify projects and solicit applications for projects.
o Administer contracts for projects that are approved and funded.
o Adopt rules to administer the Grant Program.
• Requires the Department, by December 30, 2025, and annually thereafter, to report on the economic
benefits of the Office and the development of emerging marine and maritime industries.
• Appropriates $1 million in nonrecurring funds from the General Revenue Fund to the Department to
administer contracts funded by the Grant Program.
The bill provides an effective date of July 1, 2024
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1311.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
The Blue Economy
The blue economy, or the ocean economy, is a term used to describe the economic activities
associated with the oceans and seas. Defined as the “sustainable use of ocean resources to benefit
economies, livelihoods and ocean ecosystem health,” the activities of a blue economy typically include
maritime shipping, fishing and aquaculture, coastal tourism, renewable energy, water desalination,
undersea cabling, seabed extractive industries and deep sea mining, marine genetic resources, and
biotechnology. 1
Globally, the blue economy is estimated to be worth over $1.5 trillion per year, provides over 30 million
jobs and supplies certain foods to over three billion people. It is predicted that the ocean economy may
double to $3 trillion by 2030. 2
The US marine economy, including goods and services, contributed approximately $373 billion to the
nation’s gross domestic product in 2018 and grew faster than the nation’s economy as a whole,
according to statistics released by the US Department of Commerce. 3 The sectors making the largest
contributions to the nation’s gross domestic product, include:
• Tourism and recreation, including recreational fishing ($143 billion).
• National defense and public administration ($124 billion).
• Offshore minerals ($49 billion).
• Transportation and warehousing ($25 billion).
• Living resources, including commercial fishing and aquaculture ($13 billion).
• Ship and boat building ($9 billion).
• Power generation ($4 billion).
• Research and education ($3 billion).
• Construction ($2.5 billion).
• Professional and technical services ($31 million).
Strategic Plan for Florida’s Oceans and Coasts
Recently, the Florida legislature awarded a grant to the Florida Ocean Alliance 4 to create the strategic
policy plan for Florida’s oceans and coasts (plan). 5 According to the plan, Florida has 8,436 miles of
coastline, the second longest coastline among US states and territories, which contain essential,
valuable, and iconic natural resources and human-built infrastructure. In 2018, Florida’s coastal
counties generated more than $797 billion of economic value, or 77 percent of the state’s more than $1
trillion economy at the time. Direct and indirect use of ocean and coastal resources contributed to $73.9
1
The London School of Economics and Political Science, What is the blue economy?
https://www.lse.ac.uk/granthaminstitute/explainers/what-is-the-role-of-the-blue-economy-in-a-sustainable-future/ (last visited Feb. 2,
2024).
2
Id.
3
National Oceanic and Atmospheric Administration, Marine economy in 2018 grew faster than U.S. overall (June 2, 2020),
https://www.noaa.gov/media-release/marine-economy-in-2018-grew-faster-than-us-overall (last visited Feb. 2, 2024).
4
The Florida Ocean Alliance is a nonpartisan organization dedicated to bringing together the private sector, academia, and nonprofit
research organizations in Florida to protect and enhance Florida’s coastal and ocean resources for continued social and economic
benefits. Florida Ocean Alliance, https://www.floridaoceanalliance.org/ (last visited Feb. 2, 2024).
5
Florida Ocean Alliance, Securing Florida’s Blue Economy: A Strategic Plan for Florida’s Oceans and Coasts Florida Ocean
Alliance, Executive Summary (June 2020),
https://static1.squarespace.com/static/614dece04ec1fe659b8317d5/t/616376221a6d513c75428a1a/1633908258963/2020+Securing+fl
oridas+blue+economy.pdf (last visited Feb. 2, 2024).
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billion to the state’s economy, and more than one million jobs in Florida were directly and indirectly
created by activities that used ocean and coastal resources. 6
In order to support Florida’s coastal natural resources and infrastructure, and mitigate related threats,
the plan outlines the following strategies and actions: 7
• Blue Economy: Developing and expanding the resources that support a major portion of
Florida's economy.
• Ocean and coastal resilience: Ensuring the elements of Florida's Blue Economy are more
resilient to the effects of local and global threats.
• Human and natural infrastructure: Improving the water, wastewater, stormwater, power
infrastructure, and natural habitats that support Florida’s diverse and valuable living resources.
• Implementation, outreach, and financing: Building and sustaining broad support and
partnerships for executing the Plan with accountability and transparency.
According to the strategic plan, a top priority is to create a statewide, public-private partnership under
the Executive Office of the Governor, similar to Space Florida, CareerSource Florida, and other
executive-level state partnerships in order to provide a connected leadership that is critical to the
implementation of the plan. 8
Department of Commerce
In 2023, the Legislature renamed the Department of Economic Opportunity (DEO) the Department of
Commerce (Department), eliminated Enterprise Florida, Inc., and moved all existing duties, functions,
records, contracts, administrative authority and contracts from DEO to the Department. 9
The purpose of the Department is to assist the Governor in working with the Legislature, state
agencies, business leaders, and economic development professionals to promote consistent economic
opportunities for all Floridians. The Department is the state’s chief agency for business recruitment and
expansion and economic development. 10
In part, the Department is required to: 11
• Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic
development and workforce development projects designed to create, expand, and retain
businesses in this state.
• Recruit new businesses to this state and promote the expansion of existing businesses.
• Promote viable, sustainable communities by providing technical assistance and guidance on
growth and development issues, grants, and other assistance to local communities.
• Ensure that the state’s goals and policies relating to economic development, workforce
development, community planning and development, and affordable housing are fully integrated
with appropriate implementation strategies.
• Manage the activities of public-private partnerships and state agencies in order to avoid
duplication and promote coordinated and consistent implementation of programs in areas
including, but not limited to, tourism; international trade and investment; business recruitment,
creation, retention, and expansion; minority and small business development; defense, space,
and aerospace development; rural community development; and the development and
promotion of professional and amateur sporting events.
6
Florida Ocean Alliance, Securing Florida’s Blue Economy: A Strategic Plan for Florida’s Oceans and Coasts, 1 (June 2020),
https://static1.squarespace.com/static/614dece04ec1fe659b8317d5/t/616376221a6d513c75428a1a/1633908258963/2020+Securing+f
loridas+blue+economy.pdf (last visited Feb. 2, 2024).
7
Id.
8
Id.
9
Ch. 2023-173, Laws of Fla.
10
See s. 20.60, F.S.
11
S. 20.60(4), F.S.
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• Coordinate with state agencies on the processing of state development approvals or permits to
minimize the duplication of information provided by the applicant and the time before approval
or disapproval.
• Contract with the Florida Sports Foundation to guide, stimulate, and promote the sports industry
in this state; to promote the participation of residents of this state in amateur athletic
competition; and to promote this state as a host for national and international amateur athletic
competitions.
• Encourage and oversee the coordination of international trade development efforts of public
institutions, business associations, economic development councils, and private industry.
• Contract with the direct-support organization to assist with coordination of international trade
efforts.
• Support Florida’s defense, space, and aerospace industries, including research and
development, and strengthen this state’s existing leadership in defense, space, and aerospace
activity and economic growth.
• Assist, promote, and enhance economic opportunities for this state’s minority-owned
businesses and rural and urban communities.
• Contract with the Florida Tourism Industry Marketing Corporation to execute tourism promotion
and marketing services, functions, and programs for the state and advise the department on the
development of domestic and international tourism marketing campaigns featuring this state.
Currently, the following divisions and offices are established within the Department: 12
• The Division of Economic Development.
• The Division of Community Development.
• The Division of Workforce Services.
• The Division of Finance and Administration.
• The Division of Information Technology.
• The Office of the Secretary.
• The Office of Economic Accountability and Transparency.
Effect of the Bill
Office of the Blue Economy
The bill provides the following Legislative findings:
The Florida Legislature finds that marine and maritime resources play a vital role in the
state. The Legislature highly values the partnership between the state and its universities
and the Florida College System and finds that through this collaboration significant
innovation and investment are driven in targeted industries.
The bill creates the Office of the Blue Economy (Office) within the Department and provides legislative
findings for the vital role marine and maritime resources play in Florida.
The bill defines “blue economy” as the economic uses of marine and maritime resources with a focus
on sustainable practices that benefit the long-term outlook of relevant industry sectors and the
competitive positioning of the state in a global economy.
The bill defines "marine and maritime resources" as ocean and coastal resources, including, but not
limited to, marine and maritime industries such as shipyards, marinas, marine terminals, piers, fishing,
aquaculture, seafood processing, commercial diving, and marine transportation; marine biomedical
research; floating and amphibious housing; tourism; and outdoor recreational activities, including, but
not limited to, boating and industry sectors dependent on such activities.
12
S. 20.60(3)(a), F.S.
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The bill defines "targeted industry" as any industry identified in the most recent list of target industries
provided to the Governor, the President of the Senate, and the Speaker of the House of
Representatives in accordance with s. 288.005(7), F.S.
The bill requires the Office to:
• Support the state's economy by connecting the state's ocean and coastal resources to
economic development strategies that enhance or contribute to the blue economy with a focus
on:
o Research and development,
o Technological innovation,
o Emerging industries,
o Strategic business recruitment,
o Public and private funding opportunities, and
o Workforce training and education.
• Survey state universities and Florida College System institutions on the development of
academic research relating to the blue economy across all disciplines, including:
o Encourage collaboration between state universities and Florida College System
institutions with overlapping areas of academic research.
o Publish on the department's website information on such collaboration and the current
research inventory.
• Collaborate with relevant industries to identify economic challenges that may be solved through
innovation in the blue economy by commercializing or otherwise providing public access to
academic research and resources.
• Develop and facilitate a pipeline of academic research, commercialization, accelerator
programs, and startup funding.
• Publish on the Department website reports on the number, growth, and average wages of jobs
included in the blue economy.
o Such reports must identify and address any relevant labor shortages projected by the
Labor Market Estimating Conference pursuant to s. 216.136(7), F.S.
• Educate other state and local entities on the interests of the blue economy and how such
entities may positively address environmental issues while simultaneously considering the
economic impact of their policies.
• Communicate the state's role as an integral component of the blue economy by promoting the
state on national and international platforms and other appropriate forums as the premier
destination for convening on pertinent subject matters.
Marine and Maritime Resources Grant Program
The bill creates the Marine and Maritime Resources Grant Program (Grant Program) within the Office
by connecting the State’s marine and maritime resources to Florida universities and colleges to
enhance relevant marine and maritime industry sectors.
The bill:
• Requires the Office to review and certify applications for grant funding from state universities
and Florida College System institutions.
• Authorizes the Office to consult with the:
o Department of Education,
o CareerSource Florida, Inc.,
o Office of Reimagining Education and Career Help, and
o Other relevant agencies, as appropriate.
• Requires the Office to provide grant funds to projects that promote:
o Research, development, and technical innovation with the goal of commercialization;
o Strategic business recruitment and economic enhancement in a targeted industry with
the goal of capital investment and high wage job growth; and
o Workforce training and education.
• Authorizes the Department to administer contracts for projects approved and funded.
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Contracts and Rules
The bill authorizes the Department to:
• Identify projects and solicit applications for projects that meet the requirements of the bill.
• Administer contracts for projects approved and funded pursuant to the bill.
• Adopt rules to administer the bill.
Annual Report
The bill requires the Department, by December 30, 2025, and each December 30 thereafter, to provide
to the Governor, the President of the Senate, and the Speaker of the House of Representatives a
detailed report demonstrating the economic benefits of the Office and the development of emerging
marine and maritime industries or technologies.
Appropriation
For the 2024-2025 fiscal year, the bill appropriates the sum of $1 million in nonrecurring funds from the
General Revenue Fund to the Department to administer contracts funded by the Grant Program under
s. 288.102, F.S.
Effective Date
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Amends s. 20.60, F.S., relating to department of Commerce; creation; powers and
duties.
Section 2: Creates s. 288.102, F.S., relating to Office of the Blue Economy; grant program.
Section 3: Provides an appropriation.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
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None.
D. FISCAL COMMENTS:
Creating a new office within a state agency that is required to administer a grant program may likely
create a recurring and nonrecurring indeterminate negative fiscal impact on state funds resulting from
staffing and related funding of the office, the cost of carrying out the duties and requirements of the
office, and the cost of the awarding of grants and other requirements of the grant program.
The bill may have a positive fiscal impact on the public and private entities that are awarded such grant
funds.
For the 2024-2025 fiscal year, the bill appropriates the sum of $1 million in nonrecurring funds from the
General Revenue Fund to the Department to administer contracts funded by the Grant Program
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect counties or municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill authorizes the Department to adopt rules to administer the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1311 2024
1 A bill to be entitled
2 An act relating to the Office of the Blue Economy;
3 amending s. 20.60, F.S.; establishing the Office of
4 the Blue Economy within the Department of Commerce;
5 creating s. 288.102, F.S.; providing legislative
6 findings; providing definitions; providing duties of
7 the Office of the Blue Economy; creating the Marine
8 and Maritime Resources Grant Program within the Office
9 of the Blue Economy; requiring the Office of the Blue
10 Economy to review and certify certain applications;
11 authorizing the Office of the Blue Economy to consult
12 with certain entities; requiring the department to
13 review certified applications and authorizing the
14 department to provide grant funds to certain projects;
15 authorizing the department to identify projects and
16 solicit proposals that meet certain requirements;
17 authorizing the department to administer certain
18 contracts; authorizing the department to adopt rules;
19 requiring the department to annually provide a certain
20 report to the Governor and the Legislature; providing
21 an appropriation; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Paragraph (a) of subsection (3) of section
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HB 1311 2024
26 20.60, Florida Statutes, is amended to read:
27 20.60 Department of Commerce; creation; powers and
28 duties.—
29 (3)(a) The following divisions and offices of the
30 Department of Commerce are established:
31 1. The Division of Economic Development.
32 2. The Division of Community Development.
33 3. The Division of Workforce Services.
34 4. The Division of Finance and Administration.
35 5. The Division of Information Technology.
36 6. The Office of the Secretary.
37 7. The Office of Economic Accountability and Transparency,
38 which shall:
39 a. Oversee the department's critical objectives as
40 determined by the secretary and make sure that the department's
41 key objectives are clearly communicated to the public.
42 b. Organize department resources, expertise, data, and
43 research to focus on and solve the complex economic challenges
44 facing the state.
45 c. Provide leadership for the department's priority issues
46 that require integration of policy, management, and critical
47 objectives from multiple programs and organizations internal and
48 external to the department; and organize and manage external
49 communication on such priority issues.
50 d. Promote and facilitate key department initiatives to
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HB 1311 2024
51 address priority economic issues and explore data and identify
52 opportunities for innovative approaches to address such economic
53 issues.
54 e. Promote strategic planning for the department.
55 8. The Office of the Blue Economy.
56 Section 2. Section 288.102, Florida Statutes, is created
57 to read:
58 288.102 Office of the Blue Economy; grant program. —
59 (1) The Florida Legislature finds that marine and maritime
60 resources play a vital role in the state. The Legislature highly
61 values the partnership between the state and its universities
62 and the Florida College System and finds that through this
63 collaboration significant innovation and investment are driven
64 in targeted industries.
65 (2) For purposes of this section, the term:
66 (a) "Blue economy" means the economic uses of marine and
67 maritime resources with a focus on sustainable practices that
68 benefit the long-term outlook of relevant industry sectors and
69 the competitive positioning of the state in a global economy.
70 (b) "Marine and maritime resources" means ocean and
71 coastal resources, including, but not limited to, marine and
72 maritime industries such as shipyards, marinas, marine
73 terminals, piers, fishing, aquaculture, seafood processing,
74 commercial diving, and marine transportation; marine biomedical
75 research; floating and amphibious housing; tourism; and outdoor
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HB 1311 2024
76 recreational activities, including, but not limited t o, boating
77 and industry sectors dependent on such activities.
78 (c) "Targeted industry" means any industry identified in
79 the most recent list of target industries provided to the
80 Governor, the President of the Senate, and the Speaker of the
81 House of Representatives in accordance with s. 288.005(7).
82 (3) The Office of the Blue Economy shall:
83 (a) Support the state's economy by connecting the state's
84 ocean and coastal resources to economic development strategies
85 that enhance or contribute to the blue economy with a focus on
86 research and development, technological innovation, emerging
87 industries, strategic business recruitment, public and private
88 funding opportunities, and workforce training and education.
89 (b) Survey state universities and Florida College System
90 institutions on the development of academic research relating to
91 the blue economy across all disciplines. The office shall
92 encourage collaboration between state universities and Florida
93 College System institutions with overlapping areas of academic
94 research. The office shall publish on the department's website
95 information on such collaboration and the current research
96 inventory.
97 (c) Collaborate with relevant industries to identify
98 economic challenges that may be solved through innovation in the
99 blue economy by commercializing or otherwise providing public
100 access to academic research and resources.
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101 (d) Develop and facilitate a pipeline of academic
102 research, commercialization, accelerator programs, and startup
103 funding.
104 (e) Publish on the department's website reports on the
105 number, growth, and average wages of jobs included in the blue
106 economy. Such reports shall identify and address any relevant
107 labor shortages projected by the Labor Market Estimating
108 Conference pursuant to s. 216.136(7).
109 (f) Educate other state and local entities on the
110 interests of the blue economy and how such entities may
111 positively address environmental issues while simultaneously
112 considering the economic impact of their policies.
113 (g) Communicate the state's role as an integral component
114 of the blue economy by promoting the state on national and
115 international platforms and other appropriate forums as the
116 premier destination for convening on pertinent subject matters.
117 (4) The Marine and Maritime Resources Grant Program is
118 created within the Office of the Blue Economy to promote
119 economic development by connecting the state's marine and
120 maritime resources to state universities and Florida College
121 System institutions to contribute or enhance relevant industry
122 sectors.
123 (a) The Office of the Blue Economy shall review and
124 certify applications for grant funding from state universities
125 and Florida College System institutions and may consult with the
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126 Department of Education, CareerSource Florida, Inc., the Office
127 of Reimagining Education and Career Help, and other relevant
128 agencies, as appropriate.
129 (b) The department shall review applications certified by
130 the Office of the Blue Economy under paragraph (a) and may
131 authorize and provide grant funds to projects that promote:
132 1. Research and development and technological innovation
133 with the goal of commercialization.
134 2. Strategic business recruitment and economic enhancement
135 in a targeted industry with the goal of capital investment and
136 high wage job growth.
137 3. Workforce training and education in support of
138 subparagraph 1. or subparagraph 2.
139 (c) The department may identify projects and solicit
140 applications for projects that meet the requirements of
141 paragraph (b).
142 (d) The department may administer contracts for projects
143 approved and funded pursuant to this section.
144 (5) The department may adopt rules to administer this
145 section.
146 (6) By December 30, 2025, and each December 30 thereafter,
147 the department shall provide to the Governor, the President of
148 the Senate, and the Speaker of the House of Representatives a
149 detailed report demonstrating the economic benefits of the
150 Office of the Blue Economy and the development of emerging
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151 marine and maritime industries or technologies.
152 Section 3. For the 2024-2025 fiscal year, the sum of $1
153 million in nonrecurring funds is appropriated from the General
154 Revenue Fund to the Department of Commerce to administer
155 contracts funded by the Marine and Maritime Resources Grant
156 Program under s. 288.102, Florida Statutes.
157 Section 4. This act shall take effect July 1, 2024.
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REGULATORY REFORM & ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1311 by Rep. LaMarca
Office of the Blue Economy
AMENDMENT SUMMARY
February 6, 2023
Amendment 1 by Rep. LaMarca (strike-all):
• Creates the Office of the Blue Economy within the State University System, instead of
within the Department of Commerce.
• Requires the Office to be administered by the Board of Governors of the State University
System.
• Provides requirements for the Office, including:
o Connecting the state’s ocean and coastal resources to economic development
strategies;
o Surveying universities and colleges on academic research;
o Collaborating with certain industries;
o Developing and facilitating certain research and funding;
o Publishing reports on blue economy jobs;
o Educating of other states and local entities on the blue economy;
o Communicating the state’s role in the blue economy on national and international
platforms; and
o Maintaining a website.
• Removes the creation of the Marine and Maritime Resources Grant Program.
• Removes the $1 million appropriation to the Department of Commerce.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1311 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 288.102, Florida Statutes, is created
8 to read:
9 288.102 Office of the Blue Economy.—
10 (1) For purposes of this section, the term:
11 (a) "Blue economy" means the economic uses of ocean and
12 coastal resources with a focus on sustainable practices that
13 benefit the long-term outlook of relevant industry sectors and
14 the competitive positioning of the state in a global economy,
15 including, but not limited to, maritime industries such as
16 shipyards, marinas, marine terminals, piers, fishing,
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Page 1 of 4
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1311 (2024)
Amendment No. 1
17 aquaculture, seafood processing, commercial diving, and marine
18 transportation; floating and amphibious housing; tourism; and
19 outdoor recreational activities, including, but not limited to,
20 boating and industry sectors dependent on such activities.
21 (b) "Office" means the Office of the Blue Economy.
22 (2) The Office of the Blue Economy is created within the
23 State University System to promote economic development by
24 connecting the state's research institutions with financial
25 resources to facilitate the transfer of innovative technology
26 into marketable goods and services. The Office shall be housed
27 within a state university and administered by the Board of
28 Governors of the State University System.
29 (3) The Office of the Blue Economy shall:
30 (a) Support the state's economy by connecting the state's
31 ocean and coastal resources to economic development strategies
32 that enhance or contribute to the blue economy with a focus on
33 research and development, technological innovation, emerging
34 industries, strategic business recruitment, public and private
35 funding opportunities, and workforce training and education.
36 (b) Survey state universities and Florida College System
37 institutions on the development of academic research relating to
38 the blue economy across all disciplines. The Office shall
39 encourage collaboration between state universities and Florida
40 College System institutions that have overlapping areas of
41 academic research. The Office shall publish on the Office’s
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1311 (2024)
Amendment No. 1
42 website information on such collaboration and the current
43 research inventory.
44 (c) Collaborate with relevant industries to identify
45 economic challenges that may be solved through innovation in the
46 blue economy by commercializing or otherwise providing public
47 access to academic research and resources.
48 (d) Develop and facilitate a pipeline of academic
49 research, commercialization, accelerator programs, and startup
50 funding.
51 (e) Publish on the Office’s website reports on the number,
52 growth, and average wages of jobs included in the blue economy.
53 Such reports must identify and address any relevant labor
54 shortages projected by the Labor Market Estimating Conference
55 pursuant to s. 216.136(7).
56 (f) Educate other state and local entities on the
57 interests of the blue economy and how such entities may
58 positively address environmental issues while simultaneously
59 considering the economic impact of their policies.
60 (g) Communicate the state's role as an integral component
61 of the blue economy by promoting the state on national and
62 international platforms and other appropriate forums as the
63 premier destination for convening on pertinent subject matters.
64 (h) Maintain a website on which the Office shall publish
65 information as required under this subsection.
66 (4) Beginning January 1, 2025, by December 30 of each
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1311 (2024)
Amendment No. 1
67 year, the Office shall provide to the Governor, the President of
68 the Senate, and the Speaker of the House of Representatives a
69 detailed report demonstrating the economic benefits of the
70 Office of the Blue Economy and the development of emerging blue
71 economy industries.
72 Section 2. This act shall take effect July 1, 2024.
73
74 -----------------------------------------------------
75 T I T L E A M E N D M E N T
76 Remove lines 3-21 and insert:
77 A bill to be entitled
78 creating s. 288.102, F.S.; providing definitions;
79 creating the Office of the Blue Economy; providing
80 that the Office of the Blue Economy shall be housed
81 within a state university and administered by the
82 Board of Governors; providing duties of the Office of
83 the Blue Economy; requiring the Office of the Blue
84 Economy to annually report to the Governor and the
85 Legislature; providing an effective date.
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HB 1541
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1541 Transparency In Social Media
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 1448
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development Wright Anstead
Subcommittee
2) Justice Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Social media includes forms of electronic communication, such as websites for social networking and
microblogging, through which users create online communities to share information, ideas, videos, personal
messages, and other content. In 2023, an estimated 4.9 billion people worldwide used social media. Recently,
there has been growing concerns of influence over social media platforms by foreign adversaries.
The bill requires each foreign-adversary-owned entity operating a social media platform in Florida to:
• Publicly disclose the core functional elements of the social media platform's content curation and
algorithms. Such disclosure must identify:
o The factors that influence content ranking and visibility.
o Measures taken to address misinformation and harmful content.
o The process of personalization and targeting of content.
• Make publicly available the source code of its algorithms through an open-source license.
• Implement a user verification system for each user and organization that purchases advertisements
concerning social or political issues.
o The system must verify key identifying information, including:
Citizenship,
Residency, and
Age of the user or the individuals that own the organization.
o Once verified, the identity of the purchaser of each social or political advertisement must be
disclosed with the advertisement.
The bill defines the following terms:
• "Foreign-adversary-owned entity" means a social media company that is owned or substantially
controlled by nationals, governments, or corporations domiciled, incorporated, or otherwise holding
residence in a country designated as a foreign adversary.
• "Social media platform" means a public online service that allows users to create and share or
participate in social networking.
• "Social or political advertising" means any advertisement on a social media platform that discusses
social or political issues or is intended to influence public opinion or electoral outcomes.
The bill provides that a foreign-adversary-owned entity that violates the requirements of the bill is liable up to
$10,000 for each discrete violation, and requires the Department of Legal Affairs to enforce the bill.
The bill will have an indeterminate, negative fiscal impact on state government, and no impact on local
government.
The bill provides an effective date of July 1, 2024.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Internet and Social Media Platforms
There are many ways in which individuals access computer systems and interact with systems and
other individuals on the Internet. Examples include:
• Social media sites, which are websites and applications that allow users to communicate
informally with others, find people, and share similar interests; 1
• Internet platforms, which are servers used by an Internet provider to support Internet access by
their customers; 2
• Internet search engines, which are computer software used to search data (such as text or a
database) for specified information; 3 and
• Access software providers, which are providers of software (including client or server software)
or enabling tools for content processing. 4
Such platforms earn revenue through various modes and models. Examples include:
• Data monetization. 5 This uses data that is gathered and stored on the millions of users that
spend time on free content sites, including specific user location, browsing habits, buying
behavior, and unique interests. This data can be used to help e-commerce companies tailor
their marketing campaigns to a specific set of online consumers. Platforms that use this model
are typically free for users to use. 6
• Subscription or membership fees. This model requires users pay for a particular or unlimited
use of the platform infrastructure. 7
• Transaction fees. This model allows platforms to benefit from every transaction that is enabled
between two or more actors. An example is AirBnB, where users transacting on the site are
charged a fee. 8
Trade Secrets
Generally, trade secrets are intellectual property rights on confidential information that are used by a
business and provide an economic advantage to that business. 9
Section 812.081, F.S., defines a “trade secret” as information 10 used in the operation of a business,
which provides the business an advantage or an opportunity to obtain an advantage, over those who
1 DelValle Institute Learning Center, Social Media Platforms, available at https://delvalle.bphc.org/mod/wiki/view.php?pageid=65 (last
visited Jan. 29, 2024).
2 IGI Global, Internet Platform, available at https://www.igi-global.com/dictionary/internet-platform/15441 (last visited Jan. 29, 2024).
3 Merriam Webster, Search Engine, available at https://www.merriam-webster.com/dictionary/search%20engine (last visited Jan. 29,
2024).
4 47 U.S.C. § 230(f)(4) defining “access software provider to mean a provider of software (including client or server software), or
enabling tools that do any one or more of the following: (i) filter, screen, allow, or disallow content; (ii) pick, choose, analyze, or digest
content; or (iii) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
5 The Alexander von Humboldt Institute for Internet and Society, How do digital platforms make their money?, July 29, 2019, available
at https://www.hiig.de/en/how-do-digital-platforms-make-their-money/ (last visited Jan. 29, 2024).
6 Investopedia, How Do Internet Companies Profit with Free Services?, available at
https://www.investopedia.com/ask/answers/040215/how-do-internet-companies-profit-if-they-give-away-their-services-
free.asp#:~:text=Profit%20Through%20Advertising,content%20is%20through%20advertising%20revenue.&text=Each%20of%20these
%20users%20represents,and%20services%20via%20the%20Internet (last visited Jan. 29, 2024).
7 HIIS, supra note 5.
8 Id.
9 See The Florida Bar, Trade Secret (Dec. 14, 2022) https://www.floridabar.org/practice-areas/trade-secrets/ (last visited Jan. 29, 2024).
10 A trade secret may manifest as any scientific, technical, or commercial information, including any design, process, procedure, list of
suppliers, list of customers, business code, or improvement thereof. Section 812.081, F.S.
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do not know or use it. The test provided for in statute, and adopted by Florida courts, 11 requires that a
trade secret be actively protected from loss or public availability to any person not selected by the
secret’s owner to have access thereto, and be:
• Secret;
• Of value;
• For use or in use by the business; and
• Of advantage to the business, or providing an opportunity to obtain an advantage, over those
who do not know or use it. 12
Florida law criminalizes the disclosure or theft of trade secrets. For example:
• Section 815.04, F.S., makes it a third degree felony 13 for a person to willfully, knowingly, and
without authorization disclose or take data, programs, or supporting documentation that are
trade secrets that reside or exist internal or external to a computer, computer system, computer
network, or electronic device. 14
• Section 812.081, F.S., makes it a third degree felony for a person to steal, embezzle, or copy
without authorization an article that represents a trade secret, when done with an intent to:
o Deprive or withhold from the trade secret’s owner the control of a trade secret, or
o Appropriate a trade secret to his or her own use or to the use of another.
Florida SB 7072 (2021)
In 2021, the Florida Legislature passed SB 7072, which addressed concerns related to social media
platforms. SB 7072 was signed by the Governor on May 24, 2021. 15 Section 501.2041, F.S., was
created, which provides that a social media platform must:
• Publish standards used for determining how to censor, deplatform, and shadow ban users, and
apply such standards in a consistent manner;
• Inform each user about any changes to its user rules, terms, and agreements before
implementing the changes and not make changes more than once every 30 days;
• Notify a user in a specified manner censoring or deplatforming the user;
• Allow a user to request the number of other individuals who were shown the user's content or
posts, and provide such information upon such request by the user;
• Provide users with an option to opt out of post-prioritization and shadow banning algorithms to
allow sequential or chronological posts and content;
• Provide users with an annual notice on the use of algorithms for post-prioritization and shadow
banning and reoffer annual notice on the use of algorithms for post-prioritization and shadow
banning;
• Ensure that posts by or about candidates for office in Florida are not shadow banned;
• Allow a user who has been deplatformed to access or retrieve all of the user’s information,
content, material, and data for at least 60 days after the user receives the required notice; and
• Ensure that journalistic enterprises are not censored, deplatformed, or shadow banned.
In s. 501.2041, F.S., “Social media platform” is defined as any information service, system, Internet
search engine, or access software that:
• Provides or enables computer access by multiple users to a computer server, including an
Internet platform and/or a social media site;
• Operates as a sole proprietorship, partnership, limited liability company, corporation,
association, or other legal entity;
• Does business in Florida; and
• Satisfies at least one of the following thresholds:
11 See, e.g., Sepro Corp. v. Dep’t. of Envt’l. Prot., 839 So. 2d 781 (Fla. 1st DCA 2003).
12 Section 812.081(1)(c), F.S.
13 A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. See ss. 775.082 and 775.083, F.S.
14 The offense is a second degree felony if committed for the purpose of creating or executing any scheme or artifice to defraud or to
obtain property.
15 Ch. 2021-32, L.O.F.
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• Annual gross revenues in excess of $100,000,000, as adjusted in January of each odd
numbered year to reflect any increase in the Consumer Price Index; or
• At least 100,000,000 monthly individual platform participants globally.
Section 501.2041, F.S., also provides for enforcement by permitting the Department of Legal Affairs
(DLA) to find a social media platform who fails to comply with the requirements stated above to be in
violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Additionally, a user may
bring a private cause of action against a social media platform for failing to consistently apply certain
standards for censoring or deplatforming without proper notice.
Litigation History
Immediately after the bill was signed by the Governor, but prior to the bill’s effective date of July 1,
2021, the plaintiff filed a complaint in the U.S. District Court for the Northern District of Florida
challenging the constitutionality of many of the bill’s provisions and exceptions, and immediately moved
the Court for a preliminary injunction. The District Court granted the preliminary injunction on June 30,
2021. 16
The filed complaint alleges the following:
• Count 1 of the complaint alleges the Act “violates the First Amendment's free-speech clause by
interfering with the providers’ editorial judgment, compelling speech, and prohibiting speech.”
• Count 2 alleges the Act “is vague in violation of the Fourteenth Amendment.”
• Count 3 alleges the Act “violates the Fourteenth Amendment's equal protection clause by
impermissibly discriminating between providers that are or are not under common ownership
with a large theme park and by discriminating between providers that do or do not meet the
Act's size requirements.”
• Count 4 alleges the Act “violates the Constitution's dormant commerce clause.”
• Count 5 alleges the Act “is preempted by 47 U.S.C. § 230(e)(3), which, together with §
230(c)(2)(A), expressly prohibits imposition of liability on an interactive computer service—this
includes a social-media provider—for action taken in good faith to restrict access to material the
service finds objectionable.” 17
The District Court indicated that the law was not clearly settled related to issues about First
Amendment treatment of social-media providers: “The plaintiffs say, in effect, that they should be
treated like any other speaker. The State says, in contrast, that social-media providers are more like
common carriers, transporting information from one person to another much as a train transports
people or products from one city to another. The truth is in the middle.” 18
The District Court determined that strict scrutiny applied as the standard to be used:
“Viewpoint- and content-based restrictions on speech are subject to strict scrutiny. A law restricting
speech is content-based if it “applies to particular speech because of the topic discussed or the idea or
message expressed.” Laws that are facially content-neutral, but that cannot be justified without
reference to the content of the regulated speech, or that were adopted because of disagreement with
the speaker's message, also must satisfy strict scrutiny.” 19
The District Court enjoined the State from enforcing any provision of s. 501.2041, F.S., on preemption
and First Amendment grounds.
The State filed an appeal of the District Court’s decision in the U.S. Court of Appeals for the Eleventh
Circuit.
16 NetChoice, LLC v. Moody, 546 F. Supp. 3d 1082 (N.D. Fla. 2021) (NetChoice, LLC, and the Computer & Communications Industry
Association are trade associations whose members include social media providers).
17 NetChoice, LLC, 546 F. Supp. 3d at 1085.
18 NetChoice, LLC, 546 F. Supp. 3d at 1091.
19 NetChoice, LLC, 546 F. Supp. 3d at 1093.
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On May 23, 2022, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s
preliminary injunction in part, and vacated and remanded it in part. 20
The Eleventh Circuit found the following provisions of SB 7072, to likely violate the First Amendment:
• Section 106.072(2), F.S., which pertains to candidate deplatforming;
• Section 501.2041(2)(h), F.S., which pertains to the use of algorithms for the purpose of post-
prioritization or shadow banning candidates;
• Section 501.2041(2)(j), F.S., which pertains to journalistic enterprises;
• Section 501.2041(2)(b), F.S., which pertains to the consistent application of censorship,
deplatforming, and shadow banning standards;
• Section 501.2041(2)(c), F.S., which limits the number of changes that can be made to once
every 30 days;
• Sections 501.2041(2)(f) and 501.2041(2)(g), F.S., which pertain to categorizing algorithms used
for post-prioritization and shadow banning, as well as allowing for user opt-outs; and
• Section 501.2041(2)(d), F.S., which pertains to notifying a user when their content is censored
or shadow banned.
However, the Eleventh Circuit found the following provisions of SB 7072, to likely not violate the First
Amendment:
• Section 501.2041(2)(a), F.S., which pertains to the publication of standards used for
determining how to censor, deplatform, and shadow ban;
• Section 501.2041(2)(c), F.S., which pertains to informing users to any changes to its user rules,
terms, and agreements before implementing the changes;
• Section 501.2041(2)(e), F.S., which pertains to user view counts;
• Section 501.2041(2)(i), F.S., which pertains to user data access; and
• Section 106.072(4), F.S., which pertains to free advertising for a candidate. 21
The United States Supreme Court is set to hear oral arguments on February 26, 2024.
Florida Data Privacy Regulations
In 2023, the Florida Legislature passed SB 262, which created a unified scheme to allow Florida’s
consumers to control the digital flow of their personal information. SB 262 was signed by the Governor
on June 6, 2023. 22 Among other things, SB 262 created ch. 501, part V, F.S., which takes effect on July
1, 2024, and gives Florida consumers the right to:
• Confirm and access their personal data;
• Delete, correct, or obtain a copy of that personal data;
• Opt out of the processing of personal data for the purposes of targeted advertising, the sale of
personal data, or profiling in furtherance of a decision that produces a legal or similarly
significant effect concerning a consumer;
• Opt out of the collection or processing of sensitive data, including precise geolocation data; and
• Opt out of the collection of personal data collected through the operation of a voice recognition
or facial recognition feature.
The data privacy provisions of ch. 501, part V, F.S., generally apply to “controllers,” businesses that
collect Florida consumers’ personal data, make in excess of $1 billion in global gross annual revenues,
and meet one of the following thresholds:
• Derives 50 percent or more if its global gross annual revenues from the online sale of
advertisements, including from providing targeted advertising or the sale of ads online;
• Operates a consumer smart speaker and voice command component service with an integrated
virtual assistant connected to a cloud computing service that uses hands-free verbal activation;
or
• Operates an app store or digital distribution platform that offers at least 250,000 different
software applications for consumers to download and install.
20 Moody v. NetChoice, LLC, 34 F.4th 1196 (11th Cir. 2022).
21 Moody, 34 F.4th 1196.
22 See ch. 2023-201, Laws of Fla.
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A controller who operates an online search engine is required to make available an up-to date plain
language description of the main parameters that are most significant in determining ranking and the
relative importance of those main parameters, including the prioritization or deprioritization of political
partisanship or political ideology in search results. A controller must also conduct and document a data
protection assessment of certain processing activities involving personal data. Additionally, a controller
is required to provide consumers with a reasonably accessible and clear privacy notice, updated at
least annually.
A violation of ch. 501, part V, F.S is an unfair and deceptive trade practice actionable under FDUTPA,
to be enforced by DLA. The DLA may provide a right to cure a violation of ch. 501, part V, F.S., by
providing written notice of the violation and then allowing a 45-day period to cure the alleged violation.
The DLA is required to make a report publicly available by February 1 each year on the DLA’s website
that describes any actions it has undertaken to enforce ch. 501, part V, F.S.
SB 262 also created s. 112.23, F.S., which prohibits employees of a governmental entity from using
their position or any state resources to communicate with a social media platform to request that it
remove content or accounts. Additionally, a governmental entity cannot initiate or maintain any
agreements with a social media platform for the purpose of content moderation. These prohibitions do
not apply to routine account maintenance, attempts to remove accounts or content pertaining to the
commission of a crime, or efforts to prevent imminent bodily harm, loss of life, or property damage.
Montana TikTok Law
On May 17, 2023, SB 419 was signed into law in Montana, which specifically banned TikTok in the
state. 23 However, on November 30, 2023, the law was preliminarily enjoined, based on several
constitutional concerns, including those related to bills of attainder, the Commerce Clause, the First
Amendment, and the Supremacy Clause, therefore preventing Montana from enforcing the ban on
TikTok’s operations. 24
The law lists concerns, including the People’s Republic of China’s (PRC’s) status as “an adversary,” as
well as TikTok’s status as a “subsidiary of . . . a Chinese corporation” over which “the [PRC] exercises
control and oversight,” improper procurement and sharing of user data, and promotion of “dangerous
content.” 25
SB 419 would ban TikTok in Montana by:
• Prohibiting mobile application stores from making the TikTok app available to users in Montana;
• Prohibiting TikTok’s operation in all places subject to Montana’s criminal jurisdiction; and
• Including penalties and enforcement provisions. 26
According to the Congressional Research Service, to date, no other states have enacted a ban this
broad against TikTok or any other social media platform. Instead, more than half of U.S. states prohibit
the use of TikTok on at least some state-issued devices, and a number of public postsecondary
institutions have followed suit, enacting policies that prevent university Wi-Fi or university-issued
devices from being used to access the app. 27
Freedom of Speech and Internet Platforms
Section 230
23 Montana.gov, Governor Gianforte Bans TikTok in Montana, May 17, 2023, https://news.mt.gov/Governors-
Office/Governor_Gianforte_Bans_TikTok_in_Montana (last visitedFeb. 2, 2024).
24 Congressional Research Service, Montana’s TikTok Ban, an Injunction, and Pending Legal Actions (December 8, 2023), available at
https://crsreports.congress.gov/product/pdf/LSB/LSB10972#:~:text=Commerce%20Clause%3A%20The%20court%20found,concept%2
0Montana%20did%20not%20contest. (last visited Feb. 2, 2024).
25 Id.
26 Id.
27 Id.
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The federal Communications Decency Act (CDA) was passed in 1996 “to protect children from sexually
explicit Internet content.” 28 47 U.S. Code § 230 (Section 230) was added as an amendment to the CDA
to maintain the robust nature of Internet communication and, accordingly, to keep government
interference in the medium to a minimum.” 29
Congress stated in Section 230 that “[i]t is the policy of the United States—(1) to promote the continued
development of the Internet and other interactive computer services and other interactive media; [and]
(2) to preserve the vibrant and competitive free market that presently exists for the Internet and other
interactive computer services, unfettered by Federal or State regulation.” 30
Specifically, Section 230 states that no provider or user of an interactive computer service may be held
liable on account of: 31
• Any action voluntarily taken in good faith to restrict access to or availability of material that the
provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing,
or otherwise objectionable, whether or not such material is constitutionally protected; or
• Any action taken to enable or make available to information content providers or others the
technical means to restrict access to material from any person or entity that is responsible for
the creation or development of information provided through any interactive computer service.
Section 230 eased Congressional concern regarding the outcome of two inconsistent judicial
decisions, 32 both of which applied traditional defamation law to internet providers. 33 The first decision
held that an interactive computer service provider could not be liable for a third party's defamatory
statement, however the second decision imposed liability where a service provider filtered content in an
effort to block obscene material. 34 To provide clarity, Section 230 provides that “[n]o provider ... of an
interactive computer service shall be treated as the publisher or speaker of any information provided by
another information content provider.” 35 In light of the objectives of Congress, the Circuits are in
general agreement that the text of Section 230(c)(1) should be construed broadly in favor of
immunity. 36
Section 230 specifically addresses how the federal law affects other laws. Section 230 prohibits all
inconsistent causes of action and prohibits liability imposed under any state or local law. 37 However,
Section 230 does not affect federal criminal law, intellectual property law, the Electronic
Communications Privacy Act of 1986, or sex trafficking law.
There have been criticisms of the broad immunity provisions or liability shields which force individuals
unhappy with third-party content to sue the user who posted it. While this immunity has fostered the
free flow of ideas on the Internet, critics have argued that Section 230 shields publishers from liability
for allowing harmful content. 38 Congressional and executive proposals to limit immunity for claims
relating to platforms purposefully hosting content from those engaging in child exploitation, terrorism,
and cyber-stalking have been introduced. 39 Bills have been filed that would require internet platforms to
have clear content moderation policies, submit detailed transparency reports, and remove immunity for
28 See 1 Force v. Facebook, Inc., 934 F.3d 53, 63 (2d Cir. 2019) (citing FTC v. LeadClick Media, LLC, 838 F.3d 158, 173 (2d Cir. 2016)
(citing 141 Cong. Rec. S1953 (daily ed. Feb. 1, 1995) (statement of Sen. Exon)).
29 Force, 934 F.3d at 63 (quoting Ricci v. Teamsters Union Local 456, 781 F.3d 25, 28 (2d Cir. 2015) (quoting Zeran v. Am. Online, Inc.,
129 F.3d 327, 330 (4th Cir. 1997)).
30 47 U.S.C. § 230(b)(1)–(2).
31 47 U.S.C. § 230(c).
32 Cubby, Inc. v. CompuServe, Inc., 776 F. Supp. 135 (S.D.N.Y. 1991) and Stratton Oakmont, Inc. v. Prodigy Servs. Co., No. 31063/94,
1995 WL 323710 (N.Y. Sup. Ct. May 24, 1995).
33 Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173).
34 Force, 934 F.3d at 63 (quoting LeadClick, 838 F.3d at 173 (citing 141 Cong. Rec. H8469-70 (daily ed. Aug. 4, 1995)
(statement of Rep. Cox))).
35 47 U.S.C. § 230(c)(1).
36 Force, 934 F.3d at 63.
37 47 U.S.C. § 230(e).
38 Zoe Bedell and John Major, What’s Next for Section 230? A Roundup of Proposals Lawfare, (July 29, 2020)
https://www.lawfareblog.com/whats-next-section-230-roundup-proposals (last visited Feb. 2, 2024).
39 Id.
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platforms that engage in certain behavioral advertising practices. 40 Proposals have also been offered to
limit the liability shield for internet providers who restrict speech based on political viewpoints. 41
Recently, the United States Supreme Court heard Twitter, Inc. v. Taamneh and Gonzalez v. Google;
these cases alleged that Twitter and Google aided and abetted terrorists who posted content to their
platforms, and a key issue in both cases was whether social media companies can be held liable for
their targeted recommendation algorithms. 42 However, the court decided both cases on alternative
grounds, which leaves the question unanswered.
Freedom of Speech
The First Amendment of the United States Constitution protects the right to freedom of expression from
government interference. The First Amendment is applicable to the states through the Due Process
Clause of the Fourteenth Amendment. 43 “The First Amendment assures the broadest tolerable exercise
of free speech, free press, and free assembly, not merely for religious purposes, but for political,
economic, scientific, news, or informational ends as well.” 44 “Online speech is equally protected under
the First Amendment as there is ‘no basis for qualifying the level of First Amendment scrutiny that
should be applied’ to online speech.” 45
It is well established that a government regulation based on the content of speech is presumptively
invalid and will be upheld only if it is necessary to advance a compelling governmental interest,
precisely tailored to serve that interest, and is the least restrictive means available for establishing that
interest. 46 The government bears the burden of demonstrating the constitutionality of any such content-
based regulation. 47
The United States Supreme Court has recognized that First Amendment protection extends to
corporations. 48 “This protection has been extended by explicit holdings to the context of political
speech.” 49 Under these precedents, it is well settled that political speech does not lose First
Amendment protection “simply because its source is a corporation.” 50 Generally, the government may
not require a corporation to host another’s speech absent a showing of a compelling state interest. 51
Supremacy Clause, Commerce Clause, and Bills of Attainder
The U.S. Constitution’s Supremacy Clause establishes that federal statutes, treaties, and the U.S.
Constitution are the “supreme Law of the Land.” 52
Federal law may preempt state action that thwarts federal law in three ways:
• By an express statement of its intent to occupy a field. Express preemption need not be total,
however—it can preempt all state laws or only certain state laws.
40 Id.; PACT Act, S.4066, 116th Cong. (2020); BAD ADS Act, S.4337, 116th Cong. (2020).
41 Bedell, supra note 38; Limiting Section 230 Immunity to Good Samaritans Act, S.3983, 116th Cong. (2020).
42 See Twitter, Inc. v. Taamneh, 143 S. Ct. 1206 (2023) and Gonzalez v. Google LLC, 143 S. Ct. 1191 (2023).
43 See De Jonge v. Oregon, 299 U.S. 353, 364–65(1937)(incorporating right of assembly);(incorporating right of freedom of speech).
44 Douglas v. City of Jeannette (Pennsylvania), 319 U.S. 157, 179, (1943) (Jackson, J., concurring in result).
45 Reno v. Am. Civil Liberties Union, 521 U.S. 844, 870 (1997).
46 Ashcroft v. Am. Civil Liberties Union, 542 U.S. 656, 665-66 (2004).
47 Ashcroft, 542 U.S. 656, at 660.
48 Citizens United v. Federal Election Commission, 558 U.S. 310, 342 (2010).
49 Id. (citing NAACP v. Button v. 371 U.S.415, 428-429 (1963); Grosjean v. American Press Co., 297 U.S. 233, 244 (1936)).
50 Id. (citing First Nat. Bank of Boston v. Bellotti, 435 U.S. at 784 (1978); Pacific Gas & Elec. Co. v. Public Util. Comm'n of Cal., 475
U.S. 1, 8, 106 S.Ct. 903, 89 L.Ed.2d 1 (1986) (plurality opinion) (“The identity of the speaker is not decisive in determining whether
speech is protected. Corporations and other associations, like individuals, contribute to the ‘discussion, debate, and the dissemination
of information and ideas' that the First Amendment seeks to foster” (quoting Bellotti, 435 U.S., at 783)).
51 Consolidated Edison Co. v. Public Service Commission, 447 U.S. 530 (1980); First National Bank of Boston v. Belliotti, 438 U.S.
(1978); Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974); Pacific Gas & Electric Co. v. Public Utilities Commission of
California, 475 U.S. 1 (1986).
52 U.S. CONST., Art. VI, cl. 2.
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• With “a framework of regulation so pervasive that Congress left no room for the States to
supplement it or where the federal interest is so dominant that the federal system will be
assumed to preclude enforcement of state laws on the same subject.” 53
• Where state law conflicts, leaving an actor to choose whether to adhere to state or federal
law. 54 The state law may also be subject to conflict preemption where it “stands as an obstacle
to the accomplishment and execution of the full purposes and objectives of Congress.” 55
The federal government’s authority to act in the realm of foreign affairs is vested by the U.S.
Constitution. 56 State laws that intrude into this field of foreign affairs, even where not preempted by
prior federal action, improperly impact foreign affairs and are therefore invalid. 57 Courts have generally
held, however, that the state’s intrusion must have more than an “incidental effect” on foreign affairs in
order to be considered an encroachment onto the federal government’s powers. 58
Article I, section 8, clause 3 of the U.S. Constitution grants Congress the power to “regulate commerce
with foreign nations ....” Conversely, this provision serves as a limitation on states’ authority to
encroach onto the realm of foreign commerce where such action creates a risk of conflicts with foreign
governments or impedes the federal government’s ability to speak with one voice in regulating industry
affairs with foreign states. 59 The “dormant foreign commerce power” 60 voids state acts upon foreign
commerce because of the Constitution's overriding concern for national uniformity in foreign
commerce—even in instances when Congress has not affirmatively acted. 61 Courts also generally
subject state action to a heightened scrutiny that assumes the supremacy of federal action in the realm
of foreign relations. 62
Additionally, Congress has the power to regulate commerce among the states. 63 Though phrased as a
grant of regulatory power to Congress, the Commerce Clause has long been understood to have a
negative or dormant aspect that denies the states the power to unjustifiably discriminate against or
burden the interstate flow of articles of commerce. 64
Article I, section 9, of the U.S. Constitution provides that Congress shall pass “No Bill of Attainder or ex
post facto Law.” Similarly, Article I, section 10, of the U.S. Constitution prohibits the states from
enacting bills of attainder. The Supreme Court has described a bill of attainder as “a law that
legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of
the protections of judicial trial.” 65
The International Emergency Economic Powers Act
The International Emergency Economic Powers Act (IEEPA) gives the President of the United States
regulatory authority over a variety of economic transactions in the event of a national emergency that
constitutes an unusual and extraordinary threat. 66 The IEEPA, like the Trading with the Enemy Act from
53 Arizona v. U.S., 567 U.S. 387, 399 (2012).
54 Crosby v. Nat’l. Foreign Trade Council, 530 U.S. at 372 (2000).
55 Nat’l Foreign Trade Council, Inc. v. Giannoulias, 523 F. Supp. 2d 731 (N.D. Ill. Feb. 23, 2007), quoting Hines v. Davidowitz, 312 U.S.
52, 67 (1941).
56 See, e.g., U.S. CONST., Art. I, s. 8 (power to declare war, maintain a military, and regulate foreign commerce); U.S. CONST., Art. II, s. 2
(power to enter into treaties); U.S. CONST., Art. III, s. 2 (power to hear case involving foreign states and citizens).
57 Zschernig v. Miller, 389 U.S. 429 (1968); American Ins. Ass’n. v. Garamendi, 539 U.S. 396 (2003) (finding that the President’s
powers in foreign policy were so great as to outweigh any need for a direct expression of preemption.)
58 Hines v. Davidowitz, 312 U.S. 52, 67 (1941).
59 Japan Line v. County of Los Angeles, 441 U.S. 434, 446 (1979).
60 See generally, Stephen Mulligan, Congressional Research Service, Constitutional Limits on States’ Power over Foreign Affairs, 3-4
(Aug. 15, 2022), available at https://crsreports.congress.gov/product/pdf/LSB/LSB10808 (last visited Feb. 2, 2024).
61 United States v. Davila-Mendoza, 972 F.3d 1264 (11th Cir. 2020).
62 “The premise […] is that the Commerce Clause analysis is identical, regardless of whether interstate or foreign commerce is involved.
This premise […] must be rejected. When construing Congress’ power to ‘regulate Commerce with foreign Nations,’ a more extensive
constitutional inquiry is required.” Japan Line at 446.
63 U.S. CONST., Art. I, s. 8
64 Or. Waste Sys., Inc. v. Dep’t of Envtl. Quality of Or., 511 U.S. 93, 98 (1994).
65 See Nixon v. Administrator of General Services, 433 U.S. 425 (1977).
66 See CRS, supra note 24. See also 50 U.S.C. § 1701.
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which it branched, sits at the center of the modern U.S. sanctions regime. As of September 1, 2023,
Presidents had declared 69 national emergencies invoking IEEPA, 39 of which are ongoing. 67
Executive Orders 13,873, 68 which prevents certain transactions with foreign adversaries, and 14,034,
which imposed a restriction on TikTok, invoked IEEPA authority in response to concerns about foreign
adversaries’ access to American digital data. 69 However, the executive branch withdrew Executive
Order 14,034 with specific IEEPA-based restrictions on TikTok. 70
Executive Order 13,873, references risks posed by foreign adversaries, which the order defines as any
foreign government or foreign person “engaged in a long-term pattern or serious instances of conduct
significantly adverse” to U.S. security or the safety of U.S. persons. 71
Subsequently, the Department of Commerce identified China (including Hong Kong), Cuba, Iran, North
Korea, Russia, and the Nicolás Maduro regime in Venezuela as foreign adversaries. 72
Effect of the Bill
The bill defines the following terms:
• "Algorithm" has the same meaning as in s. 501.2041(1), F.S. 73
• "Foreign-adversary-owned entity" means a social media company that is owned or substantially
controlled by nationals, governments, or corporations domiciled, incorporated, or otherwise
holding residence in a country designated as a foreign adversary under 15 C.F.R. 7.4. 74
• "Social media platform" means a public online service that allows users to create and share or
participate in social networking.
• "Social or political advertising" means any advertisement on a social media platform that
discusses social or political issues or is intended to influence public opinion or electoral
outcomes.
The bill requires each foreign-adversary-owned entity operating a social media platform in Florida to:
• Publicly disclose the core functional elements of the social media platform's content curation
and algorithms. Such disclosure must identify:
67 See Congressional Research Service, The International Emergency Economic Powers Act: Origins, Evolution, and Use (September
28, 2023), available at https://crsreports.congress.gov/product/pdf/R/R45618 (last visited Feb. 2, 2024).
68 The Supply Chain Rule implements Executive Orders 13873 and 14034, titled Securing the Information and Communications
Technology and Services Supply Chain (ICTS). Invoking National Emergencies Act (50 U.S.C. § 1601) and citing the International
Emergency Economic Powers Act (50 U.S.C. §1701), then-President Trump declared a national emergency because of the threat of
foreign adversaries exploiting vulnerabilities in ICTS. In response to this threat, Executive Order 13873 prohibits transactions involving
foreign-owned ICTS that present (1) an undue risk of sabotage or subversion to ICTS in the United States, (2) an undue risk of
catastrophic effects on the security or resiliency of critical infrastructure or the digital economy in the United States, or (3) an
unacceptable risk to U.S. national security or the security and safety of U.S. persons. The order delegates implementation to the
Department of Commerce. In June 2021, President Biden issued Executive Order 14034, which directed the Secretary of Commerce to
evaluate the risks posed by connected software applications, commonly called “apps.” The order identified additional criteria for
Commerce to consider when evaluating transactions involving apps under the Supply Chain Rule. Factors include the app’s capacity to
enable espionage and the sensitivity of data collected. In June 2023, Commerce published a final rule (88 FR 39353), effective July 17,
2023, that expressly includes apps in the definition of ICTS and adds app-specific risk factors to the Supply Chain Rule. See
Congressional Research Service, The Information and Communications Technology and Services (ICTS) Rule and Review Process
(June 22, 2023), available at https://crsreports.congress.gov/product/pdf/IF/IF11760 (last visited Feb. 2, 2024).
69 See Congressional Research Service, Montana’s TikTok Ban, an Injunction, and Pending Legal Actions (December 8, 2023),
available at
https://crsreports.congress.gov/product/pdf/LSB/LSB10972#:~:text=Commerce%20Clause%3A%20The%20court%20found,concept%2
0Montana%20did%20not%20contest (last visited Feb. 2, 2024).
70 Id.
71 Id.
72 15 CFR § 7.4.
73 Section 501.2041(1)(a), F.S. defines “algorithm” as a mathematical set of rules that specifies how a group of data behaves and that
will assist in ranking search results and maintaining order or that is used in sorting or ranking content or material based on relevancy or
other factors instead of using published time or chronological order of such content or material.
74 The following foreign governments or foreign non-government persons constitute foreign adversaries:
The People's Republic of China, including the Hong Kong Special Administrative Region (China); Republic of Cuba
(Cuba); Islamic Republic of Iran (Iran); Democratic People's Republic of Korea (North Korea); Russian Federation
(Russia); and Venezuelan politician Nicolás Maduro (Maduro Regime).
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o The factors that influence content ranking and visibility.
o Measures taken to address misinformation and harmful content.
o The process of personalization and targeting of content.
• Make publicly available the source code of its algorithms through an open-source license.
• Implement a user verification system for each user and organization that purchases
advertisements concerning social or political issues.
o The system must verify key identifying information, including:
Citizenship,
Residency, and
Age of the user or the individuals that own the organization.
o Once verified, the identity of the purchaser of each social or political advertisement must
be disclosed with the advertisement.
The bill provides that a foreign-adversary-owned entity operating a social media platform that violates
the requirements of the bill is liable up to $10,000 for each discrete violation.
The bill requires DLA to enforce the bill.
The bill, titled the "Transparency in Social Media Act," makes the following findings:
• Social media platforms play a significant role in shaping public discourse and opinion.
• Algorithms used by social media platforms can influence user behavior and content visibility.
• Transparency in the functioning of such algorithms and in political and social advertising is vital
for safeguarding democratic values and user privacy.
• Ownership of social media platforms by foreign entities can raise concerns regarding foreign
influence and data security.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creates s. 501.20411, F.S.; related to requirements for certain social media companies.
Section 2: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
There may be an increase in civil penalties collected by DLA.
2. Expenditures:
There may be an increase of regulatory costs to DLA from enforcing the bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Certain social media entities will need to implement new procedures for sharing certain algorithm
information, user verification, and advertisement disclosures.
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D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
Freedom of Speech
It is well established that a government regulation based on the content of speech is presumptively
invalid and will be upheld only if it is necessary to advance a compelling governmental interest,
precisely tailored to serve that interest, and is the least restrictive means available for establishing
that interest. 75 The government bears the burden of demonstrating the constitutionality of any such
content-based regulation. 76
The United States Supreme Court has recognized that First Amendment protection extends to
corporations. 77 “This protection has been extended by explicit holdings to the context of political
speech.” 78 Under these precedents, it is well settled that political speech does not lose First
Amendment protection “simply because its source is a corporation.” 79 Generally, the government
may not require a corporation to host another’s speech absent a showing of a compelling state
interest. 80
Supremacy Clause
The U.S. Constitution’s Supremacy Clause establishes that federal statutes, treaties, and the U.S.
Constitution are the “supreme Law of the Land.” 81
Federal law may preempt state action that thwarts federal law in three ways:
• By an express statement of its intent to occupy a field. Express preemption need not be total,
however—it can preempt all state laws or only certain state laws.
• With “a framework of regulation so pervasive that Congress left no room for the States to
supplement it or where the federal interest is so dominant that the federal system will be
assumed to preclude enforcement of state laws on the same subject.” 82
• Where state law conflicts, leaving an actor to choose whether to adhere to state or federal
law. 83 The state law may also be subject to conflict preemption where it “stands as an
obstacle to the accomplishment and execution of the full purposes and objectives of
Congress.” 84
75 Ashcroft 542 U.S. 656, at 665-66.
76 Ashcroft, 542 U.S. 656, at 660.
77 Citizens United, 558 U.S. 310, at 342.
78 Id.
79 Id.
80 Consolidated Edison Co., 447 U.S. 530; First National Bank of Boston, 438 U.S. 1978; Miami Herald Publishing Co., 418 U.S. 241;
Pacific Gas & Electric Co, 475 U.S.1.
81 U.S. CONST., Art. VI, cl. 2.
82 Arizona v. U.S., 567 U.S. 387, 399.
83 Crosby, 530 U.S. at 372.
84 Nat’l Foreign Trade Council, Inc., 523 F. Supp. 2d 731.
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The federal government’s authority to act in the realm of foreign affairs is vested by the U.S.
Constitution. 85 State laws that intrude into this field of foreign affairs, even where not preempted by
prior federal action, improperly impact foreign affairs and are therefore invalid. 86 Courts have
generally held, however, that the state’s intrusion must have more than an “incidental effect” on
foreign affairs in order to be considered an encroachment onto the federal government’s powers. 87
Article I, section 8, clause 3 of the U.S. Constitution grants Congress the power to “regulate
commerce with foreign nations ....” Conversely, this provision serves as a limitation on states’
authority to encroach onto the realm of foreign commerce where such action creates a risk of
conflicts with foreign governments or impedes the federal government’s ability to speak with one
voice in regulating industry affairs with foreign states. 88 The “dormant foreign commerce power” 89
voids state acts upon foreign commerce because of the Constitution's overriding concern for national
uniformity in foreign commerce—even in instances when Congress has not affirmatively acted. 90
Courts also generally subject state action to a heightened scrutiny that assumes the supremacy of
federal action in the realm of foreign relations. 91
Additionally, Section 230 of the federal Communications Decency Act (CDA), 92 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” 93 and specifically prohibits all
inconsistent causes of action and liability imposed under any State or local law. 94
Contracts
Article I, Section 10 of the United States Constitution prohibits a state from passing any law impairing
the obligation of contracts. Article I, Section 10 of the Florida Constitution also prohibits the passage
of laws impairing the obligation of contracts.
B. RULE-MAKING AUTHORITY:
There is no allowance for DLA to adopt rule pursuant to the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill is unclear by what it mean to be “owned” or “controlled” by certain people or entities of a foreign
adversary.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
85 See, e.g., U.S. CONST., Art. I, s. 8; U.S. CONST., Art. II, s. 2; U.S. CONST., Art. III, s. 2.
86 Zschernig, 389 U.S. 429; American Ins. Ass’n., 539 U.S. 396.
87 Hines, 312 U.S. 52, at 67.
88 Japan Line, 441 U.S. 434, at 446.
89 See generally, Stephen Mulligan, Congressional Research Service, Constitutional Limits on States’ Power over Foreign Affairs, 3-4
(Aug. 15, 2022), available at https://crsreports.congress.gov/product/pdf/LSB/LSB10808 (last visited Feb. 2, 2024).
90 United States v. Davila-Mendoza, 972 F.3d 1264.
91 “The premise […] is that the Commerce Clause analysis is identical, regardless of whether interstate or foreign commerce is involved.
This premise […] must be rejected. When construing Congress’ power to ‘regulate Commerce with foreign Nations,’ a more extensive
constitutional inquiry is required.” Japan Line, 441 U.S. 434,at 446.
92 Force, 934 F.3d at 63.
93 47 U.S.C. § 230(c)(1).
94 47 U.S.C. § 230(e).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1541 2024
1 A bill to be entitled
2 An act relating to transparency in social media;
3 creating s. 501.20411, F.S.; providing a short title;
4 providing legislative findings; providing definitions;
5 requiring foreign-adversary-owned entities operating
6 social media platforms in the state to publicly
7 disclose specified information in a certain manner;
8 requiring foreign-adversary-owned entities operating
9 social media platforms to implement a user
10 verification system for certain entities; providing
11 penalties; requiring enforcement by the Department of
12 Legal Affairs; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 501.20411, Florida Statutes, is created
17 to read:
18 501.20411 Transparency in Social Media Act.—
19 (1) This section may be cited as the "Transparency in
20 Social Media Act."
21 (2) The Legislature finds that:
22 (a) Social media platforms play a significant role in
23 shaping public discourse and opinion.
24 (b) Algorithms used by social media platforms can
25 influence user behavior and content visibility.
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb1541-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1541 2024
26 (c) Transparency in the functioning of such algorithms and
27 in political and social advertising is vital for safeguarding
28 democratic values and user privacy.
29 (d) Ownership of social media platforms by foreign
30 entities can raise concerns regarding foreign influence and data
31 security.
32 (3) For purposes of this section, the term:
33 (a) "Algorithm" has the same meaning as in s. 501.2041(1).
34 (b) "Foreign-adversary-owned entity" means a social media
35 company that is owned or substantially controlled by nationals,
36 governments, or corporations domiciled, incorporated, or
37 otherwise holding residence in a country designated as a foreign
38 adversary under 15 C.F.R. s. 7.4.
39 (c) "Social media platform" means a public online service
40 that allows users to create and share or participate in social
41 networking.
42 (d) "Social or political advertising" means any
43 advertisement on a social media platform that discusses social
44 or political issues or is intended to influence public opinion
45 or electoral outcomes.
46 (4)(a) Each foreign-adversary-owned entity operating a
47 social media platform in the state must publicly disclose the
48 core functional elements of the social media platform's content
49 curation and algorithms.
50 (b) The disclosure must identify:
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1541 2024
51 1. The factors that influence content ranking and
52 visibility.
53 2. Measures taken to address misinformation and harmful
54 content.
55 3. The process of personalization and targeting of
56 content.
57 (5) Each foreign-adversary-owned entity operating a social
58 media platform must make publicly available the source code of
59 its algorithms through an open-source license.
60 (6)(a) Each foreign-adversary-owned entity operating a
61 social media platform must implement a user verification system
62 for each user and organization that purchases advertisements
63 concerning social or political issues. The system must verify
64 key identifying information, including citizenship, residency,
65 and age of the user or the individuals that own the
66 organization, as applicable.
67 (b) Once verified, the identity of the purchaser of each
68 social or political advertisement must be disclosed with the
69 advertisement.
70 (7)(a) A foreign-adversary-owned entity operating a social
71 media platform that violates this section is liable up to
72 $10,000 for each discrete violation.
73 (b) The Department of Legal Affairs shall enforce this
74 section.
75 Section 2. This act shall take effect July 1, 2024.
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hb1541-00
REGULATORY REFORM AND ECONOMIC DEVELOPMENT SUBCOMMITTEE
HB 1541 by Rep. Fine
Transparency In Social Media
AMENDMENT SUMMARY
February 6, 2024
Amendment 1 by Rep. Fine (line 34):
• Provides a definition for “control” and “own,” to mean that a foreign adversary has power:
o Over the election of the directors, or of individuals exercising similar functions, for
the entity; or
o To exercise influence over the management of the entity.
• Provides that a foreign adversary must have 15 percent ownership or control over the
social media company to be a foreign-adversary-owned entity.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1541 (2024)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform &
2 Economic Development Subcommittee
3 Representative Fine offered the following:
4
5 Amendment
6 Remove lines 34-38 and insert:
7 (b) "Foreign-adversary-owned entity" or "entity" means a
8 social media company that is more than 15 percent owned or
9 controlled by nationals, governments, or corporations domiciled,
10 incorporated, or otherwise holding residence in a country
11 designated as a foreign adversary under 15 C.F.R. s. 7.4. As
12 used in this paragraph, the terms "owned" and "controlled" mean
13 that a foreign adversary national, government, or corporation
14 has power:
15 1. Over the election of the directors, or of individuals
16 exercising similar functions, for the entity; or
371341 - h1541-line 34.docx
Published On: 2/5/2024 9:19:59 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1541 (2024)
Amendment No. 1
17 2. To exercise influence over the management of the
18 entity.
371341 - h1541-line 34.docx
Published On: 2/5/2024 9:19:59 AM
Page 2 of 2
PCS for HB 1099
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1099 Food Delivery Platforms
SPONSOR(S): Regulatory Reform & Economic Development Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform & Economic Fletcher Anstead
Development Subcommittee
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division), housed within the Department of Business and Professional
Regulation, is responsible for enforcing laws relating to the inspection and regulation of public food service
establishments for the purpose of protecting the public health, safety and welfare.
Florida statute defines “public food service establishment” as any building, vehicle, place, or structure, or any
room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate
consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to
being delivered to another location for consumption, subject to certain exceptions. The regulation of public food
service establishments in Florida is preempted to the state.
Third-party food delivery platforms are third-party apps that consumers can use to order delivery from public
food service establishments for a fee. Once an order is placed, the food delivery platform sends an individual
to pick up the food from the food establishment and deliver it to the consumer. These types of platforms are
becoming increasingly popular, but are not currently regulated by the state.
The bill:
• Creates definitions for the terms "food delivery platform" and “food service establishment" for purposes
of the bill’s provisions;
• Requires a food delivery platform to itemize and clearly disclose the cost breakdown of each
transaction to a consumer, including, but not limited to, certain specified information;
• Requires a food delivery platform that does not have a relationship with a food service establishment to
provide notice to the consumer that the food delivery platform does not have any such relationship;
• Authorizes the Division to:
o Issue a notice to cease and desist to a food delivery platform for violations,
o Enforce a cease and desist notice or issue an administrative fine if the food delivery platform
does not cure a violation within 7 days, and
o Receive and investigate complaints of a food delivery platform’s violation;
• Expressly preempts regulation of food delivery platforms to the state; and
• Provides rule-making authority to the Division.
The bill has no effect on local or state government revenues or expenses. The bill has an indeterminate
positive and negative impact on the private sector.
The bill shall become effective upon becoming a law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1099.RRS
DATE: 2/4/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Division of Hotels and Restaurants
The Division of Hotels and Restaurants (Division) is a division of the Department of Business
Regulation. 1 The Division is responsible for enforcing laws relating to the inspection and regulation of
public food service establishments for the purpose of protecting the public health, safety and welfare. 2
Public Food Service Establishments
Florida statute 3 defines “public food service establishment” as any building, vehicle, place, or structure,
or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold
for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or
prepared prior to being delivered to another location for consumption.
There are several exclusions from the definition of the term, including:
• Any place maintained and operated by a public or private school, college, or university for the
use of students and faculty, or temporarily to serve events such as fairs, carnivals, and athletic
contests;
• Any eating place maintained and operated by a church or religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
• Any eating place located on an airplane, train, bus, or watercraft that is a common carrier;
• Any eating place maintained by a facility certified or licensed and regulated by the Agency for
Health Care Administration or the Department of Children and Families;
• Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services;
• Any vending machine that dispenses any food or beverage other than potentially hazardous
food;
• Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
• Any research and development test kitchen limited to use by employees and not open to the
general public. 4
Under Florida law, the regulation of public food service establishments is preempted to the state. 5
Off-Premises Options for Public Food Service Establishments
As a result of the loss of business that occurred during the coronavirus pandemic, many public food
service establishments added off-premises options for serving food. 6 According to the National
1 Office of Program Policy Analysis and Government Accountability, Department of Business and Professional Regulation:
Hotel and Restaurant Regulation, https://oppaga.fl.gov/ProgramSummary/ProgramDetail?programNumber=4016 (last
visited Jan. 31, 2024).
2 S. 509.032(1), F.S.
3 S. 509.013(5)(a), F.S.
4 S. 509.013(5)(b), F.S.
5 S. 509.032(7), F.S.
6 National Restaurant Association, Consumers respond to new off-premises options at restaurants,
https://restaurant.org/education-and-resources/resource-library/consumers-respond-to-new-off-premises-options-at-
restaurants/ (last visited Jan. 31, 2024).
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DATE: 2/4/2024
Restaurant Association, the most common off-premises addition was curbside takeout by 67 percent of
operators nationwide. 7 An additional 17 percent added in-house delivery options, and 27 percent added
food delivery by third-party food delivery platforms, 8 which are third-party apps that consumers can use
to order delivery from public food service establishments for a fee. 9 Once an order is placed, the food
delivery platform sends an individual to pick up the food from the food establishment and deliver it to
the consumer. 10
Regulation of Food Delivery Platforms
Food delivery platforms are not currently regulated by the State of Florida. However, the United States
Food and Drug Administration (FDA), in coordination with the U.S. Department of Agriculture and the
Centers for Disease Control and Prevention, have developed best practices recommendations for the
safe delivery of food, including for when ordering food from online platforms, produce and meal-kit
subscription services, ghost kitchens (which only prepare and fulfill orders for delivery, without a
physical storefront), and third-party delivery services and programs. 11
A proposed ordinance in Miami-Dade County would regulate food delivery platforms, 12 seemingly the
first local ordinance of its kind in the United States. 13 The ordinance would:
• Require the food delivery service to itemize and clearly disclose the cost breakdown of each
transaction;
• Permit public food service establishments to access the information about the customers who
place orders for their food through a third-party food delivery application, including the
consumer’s name and address; and
• Prohibit a food delivery platform from unreasonably restricting a public food service
establishment from marketing to or contacting a customer under certain circumstances.
The Miami-Dade Board of County Commissioners has deferred action on this proposed ordinance. 14
Effect of the Bill
The bill creates definitions for the following terms:
• "Food delivery platform" means a business that acts as a third-party intermediary by taking and
arranging for the delivery or pickup of orders from multiple food service establishments for the
consumer. The term does not include:
o Delivery or pickup orders placed directly with, and fulfilled by, a food service
establishment.
o Websites, mobile applications, or other electronic services that do not post food service
establishment menus, logos, or pricing information on their platforms.
7 Id.
8 Id.
9 Hsu Kuan Liu, A Study on Consumers’ Perception of Food Delivery Platforms (July 22, 2023), Qeios,
https://www.qeios.com/read/FFSG78#:~:text=Food%20delivery%20platforms%20primarily%20allow,the%20meals%20to
%20the%20consumers. (last visited Jan. 31, 2024).
10 Id.
11 U.S. Food and Drug Administration, FDA Highlights Best Practices on Food Safety for Online Delivery Services (Dec. 9,
2022), https://www.fda.gov/food/cfsan-constituent-updates/fda-highlights-best-practices-food-safety-online-delivery-
services (last visited Feb. 2, 2024).
12 See Memorandum to Honorable Chairman Oliver G. Gilbert, III and Members, Board of County Commissioners (Sep.
11, 2023), https://www.miamidade.gov/govaction/legistarfiles/Matters/Y2023/231055.pdf (last visited Feb. 2, 2024).
13 Jesse Scheckner, Miami-Dade sets table for food delivery app regulations amid privacy concerns (Aug. 29, 2023),
https://floridapolitics.com/archives/631690-miami-dade-sets-table-for-food-delivery-app-regulations-amid-privacyconcerns/
(last visited Feb. 2, 2024).
14 See Miami-Dade Legislative Item File Number: 231055,
https://www.miamidade.gov/govaction/matter.asp?matter=231055&file=true&fileAnalysis=false&yearFolder=Y2023 (last
visited Feb. 2, 2024).
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DATE: 2/4/2024
• "Food service establishment" has the same meaning as the term "public food service
establishment" as currently defined by Florida statute.
The bill requires a food delivery platform to itemize and clearly disclose the cost breakdown of each
transaction to a consumer, including, but not limited to:
• The purchase price of the food and beverage, or any other item, and clearly indicate if such
prices exceed the food service establishment’s pricing.
• Any commission, delivery fee, or promotional fee charged to the customer by the food delivery
platform.
• Any tip or gratuity.
• Any taxes due on the transaction.
If a food delivery platform does not have a relationship with a food service establishment, the bill
requires the food delivery platform to provide clear and conspicuous notice to the consumer that the
food delivery platform does not have any relationship with such food service establishment.
If the Division has reason to believe a food delivery platform has violated the provisions of the bill, or
any rules adopted pursuant to the bill, the following rules apply:
• The Division may issue to the food delivery platform a notice to cease and desist from the
violation, but the issuance of a notice to cease and desist does not constitute agency action for
which a hearing under Florida law may be sought.
• The Division must provide the food delivery platform 7 business days in which to cure the
violation before imposing a civil penalty or commencing any legal proceeding.
• For the purpose of enforcing a cease and desist notice, the Division may file a proceeding in the
name of the state seeking the issuance of an injunction or a writ of mandamus against any
person who fails to comply with the notice.
• If the Division is required to seek enforcement of the notice for a penalty, it is entitled to collect
attorney fees and costs, together with any cost of collection.
The bill allows the Division to impose a civil penalty on a food delivery platform in an amount not to
exceed $1,000 per offense for each violation of the bill’s provisions, provided such food delivery
platform is given 7 days to cure the violation. The division may regard as a separate offense each day
or portion of a day in which there has been a violation.
Additionally, the bill authorizes the Division to receive and investigate complaints that allege a food
delivery platform has violated the bill’s provisions.
The bill expressly preempts regulation of food delivery platforms to the state, and grants the Division
rule-making authority to administer the section of law proposed by the bill.
B. SECTION DIRECTORY:
Section 1. Creates s. 509.103, F.S., relating to food delivery platforms.
Section 2. Provides the bill will become effective upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
STORAGE NAME: pcs1099.RRS PAGE: 4
DATE: 2/4/2024
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has a positive impact on the private sector to the extent that the bill creates a regulatory
framework for food delivery platforms operating in Florida, thus enhancing consumer protections for
individuals in the state that use such platforms.
The bill has an indeterminate negative impact on the private sector to the extent that food delivery
platforms will now have to comply with the bill’s provisions.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other
None.
B. RULE-MAKING AUTHORITY:
The bill provides the Division with rule-making authority to administer the proposed s. 509.103, F.S.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs1099.RRS PAGE: 5
DATE: 2/4/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1099 ORIGINAL 2024
1 A bill to be entitled
2 An act relating to food delivery platforms; creating
3 s. 509.103, F.S.; providing definitions; requiring
4 food delivery platforms to disclose certain
5 information to the consumer; authorizing the Division
6 of Hotels and Restaurants of the Department of
7 Business and Professional Regulation to issue a notice
8 to cease and desist to a food delivery platform for
9 violations; providing that such notice does not
10 constitute agency action; requiring the division to
11 allow a food delivery platform to cure any violation
12 within a specified timeframe before enforcing a notice
13 or imposing a civil penalty; authorizing the division
14 to enforce such notice and collect attorney fees and
15 costs under certain circumstances; authorizing the
16 division to impose a specified civil penalty;
17 authorizing the division to receive and investigate
18 complaints of violations; preempting regulation of
19 food service platforms to the state; providing the
20 division with rule-making authority; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 509.103, Florida Statutes, is created
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1099 ORIGINAL 2024
26 to read:
27 509.103 Food delivery platforms.—
28 (1) As used in this section, the term:
29 (a)1. "Food delivery platform" means a business that acts
30 as a third-party intermediary by taking and arranging for the
31 delivery or pickup of orders from multiple food service
32 establishments for the consumer.
33 2. The term does not include:
34 a. Delivery or pickup orders placed directly with, and
35 fulfilled by, a food service establishment.
36 b. Websites, mobile applications, or other electronic
37 services that do not post food service establishment me nus,
38 logos, or pricing information on their platforms.
39 (b) "Food service establishment" has the same meaning as
40 the term "public food service establishment" as defined in s.
41 509.013(5).
42 (2) A food delivery platform shall itemize and clearly
43 disclose the cost breakdown of each transaction to the consumer,
44 including, but not limited to, the following information:
45 (a) The purchase price of the food and beverage, or any
46 other item, and clearly indicate if such prices exceed the food
47 service establishment’s pricing.
48 (b) Any commission, delivery fee, or promotional fee
49 charged to the customer by the food delivery platform.
50 (c) Any tip or gratuity.
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PCS for HB 1099 ORIGINAL 2024
51 (d) Any taxes due on the transaction.
52 (3) If a food delivery platform does not have a
53 relationship with a food service establishment, the food
54 delivery platform must provide clear and conspicuous notice to
55 the consumer that the food delivery platform does not have any
56 relationship with such food service establishment.
57 (4) If the division has reason to believe a food delivery
58 platform has violated this section or any rules adopted pursuant
59 to this section, the division may issue to the food delivery
60 platform a notice to cease and desist from the violation. The
61 issuance of a notice to cease and desist does not constitute
62 agency action for which a hearing under s. 120.569 or s. 120.57
63 may be sought. The division shall provide the food delivery
64 platform 7 business days in which to cure the violation before
65 imposing a civil penalty under subsection (5) or commencing any
66 legal proceeding under this subsection. For the purpose of
67 enforcing a cease and desist notice, the division may file a
68 proceeding in the name of the state seeking the issuance of an
69 injunction or a writ of mandamus against any person who fails to
70 comply with the notice. If the division is required to seek
71 enforcement of the notice for a penalty pursuant to s. 120.569,
72 it is entitled to collect attorney fees and costs, together with
73 any cost of collection.
74 (5) The division may impose a civil penalty on a food
75 delivery platform in an amount not to exceed $1,000 per offense
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76 for each violation of this section or of a division rule ,
77 subject to the provisions of subsection (4). For purposes of
78 this subsection, the division may regard as a separate offense
79 each day or portion of a day in which there has been a violation
80 of this section or rules of the division.
81 (6) The division may receive and investigate any complaint
82 which alleges that a food delivery platform has violated an
83 applicable provision of this section or rules adopted under this
84 section.
85 (7) Regulation of food delivery platforms is expressly
86 preempted to the state.
87 (8) The division shall adopt rules to administer this
88 section.
89 Section 2. This act shall take effect upon becoming a law.
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Presentation 1
Miami-Dade Construction
Mining Pilot Program
Update
Division of State Fire Marshal, Director JoAnne E. Rice
Legislative Background
Legislature Appropriated Funds in 2017
HB 1189 in 2019
HB 1047 in 2020
Current Governing Law:
Section 552.30, Florida Statutes; and
Florida Administrative Code Rule 69A-2.024
Implementation and
Regulation
Miami-Dade Construction Mining Pilot Program within
the Division of State Fire Marshal
Regulate blasting limits
Operate Mine Activity Clearinghouse website
Monitor Blasting Activities Reports
Contracted seismologist and monitor the seismograph
reports for compliance
Certificate holders not compliant with Florida laws are
subject to a disciplinary action
Seismograph Locations
Miami-Dade Northern Monitoring Area
Blast Reports
= Select a Date }! Select Mine
IIffl No date selected • All Mines
Search above for dates or mines above and/or search and select a blast below for b last information.
Selection requi red on one or more elements
0. Search...
20230713-1136 Selection required on one or more elements
Florida Rock Industries
July 13, 2023 at 11 ·36 AM
Use the links below to see the official b last report or the independent seismologist report.
20230713-1143
Titan Lake L Selection required on one or more elements
July 13, 2023 at 11 ·43 AM
20230714-1000
Cemex Krome
July 14, 2023 at 10·00 AM
Blast Location:
20230714-1440
White Rock Ouarroes
July 14, 2023 at 2:40 PM
202307 17-1056
Cemex Krome
July 17, 2023 at 10:56 AM
202307 17-1113
White Rock Quarries
July 17, 2023 at 11 :13 AM
20230717-1147
Cemex FEC
July 17, 2023 at 11 :47 AM
ArcGIS Platform
Moving Forward
The Miami-Dade Construction Mining Pilot
Program within the Division of State Fire Marshal
will continue to implement section 552.30,
Florida Statutes, and Florida Administrative Code
Rule 69A-2.024
QUESTIONS?
Division of State Fire Marshal, Director JoAnne E. Rice
Presentation 2
Aggregates Supply Chain
Ananth Prasad, P.E.
President
Florida Transportation Builders Association
What are Aggregates?
Rock mined and processed for
construction of roads, bridges,
buildings.
2
Uses of Limestone Aggregates
Limestone is one of the building blocks of our modern civilization. For nearly six decades, the quarries in
Florida have supplied limestone for our:
• Homes
• Airports & Seaports
• Roadways
• Hospitals and office buildings
• Building materials including: tile, glass, and plaster
• In short, limestone quarried in Florida is used in virtually every
construction project across the state.
Examples of Aggregates
#89 Limestone - Coarse Aggregate from Miami #57 Limestone - Coarse Aggregate from Miami #57 Granite - Coarse Aggregate from Nova Scotia
• Bulky and heavy rock materials
• Crushed stone used in construction with concrete and asphalt
• Hardness and durability demonstrated by FDOT testing
• Limestone mined in Florida
• Granite imported primarily from Georgia, Alabama, and Canada
Aggregates Used in Asphalt and Concrete
Asphalt Concrete
FDOT Demand for Asphalt Aggregate (est. 2023)
Rail/Port (100%)
Mine (0%) Statewide
Demand
Rail/Port (100%)
Mine (0%)
Mine
Rail/Port (100%)
(26%)
Mine (0%)
Rail/Port (100%)
Mine (0%) Rail/Port
(74%)
Rail/Port (19%)
Mine (81%)
Rail/Port (86%)
Mine (14%)
Rail/Port (0%)
Mine (100%)
FDOT Demand for Concrete Aggregate (est. 2023)
Rail/Port (100%)
Mine (0%) Statewide
Demand
Rail/Port (97%)
Mine (3%)
Rail/Port (86%) Mine
Mine (14%) (30%)
Rail/Port
Rail/Port (96%)
(70%)
Mine (4%)
Rail/Port (93%)
Mine (7%)
Rail/Port (64%)
Mine (36%)
Rail/Port (0%)
Mine (100%)
Aggregate Demand Expected to Increase
with Population Growth
Statewide 2010 Trend Statewide 2070 Trend
“Moderate projections indicate that by 2070, Florida’s population will
reach approximately 33.7 million residents, close to 15 million more than
in 2010.” – UF GeoPlan Center (www.geoplan.ufl.edu/portfolio/fl-2070/)
Supply Chain Dilemma in Florida
• Projected population increases make reliance on in-state, high-
quality aggregate reserves questionable
• Imports by rail and at ports expected to increasingly be
required to meet demand
• Port capacity needs to be increased to expand access to FDOT-quality
aggregates
• Rail infrastructure needs to be improved to handle imports and
efficient intra-state distribution of aggregates
Primary Sources of FDOT-Quality
Aggregates in Florida
Relative Proportions of FDOT-Quality Aggregates
Taylor County
Brooksville
Lee County
Miami Dade
Lake Belt
Miami-Dade Lake Belt
• Produces 45-50 million tons of
aggregate per year.
• Large mines efficiently supply
Florida markets via trucks and
rail
• Decades of potential reserves
feed into east coast demand
• Issues:
• Urban growth crowds the mines
• Everglades restoration
• Water quality and supply
Significance of Miami Lake Belt Supply
• Florida consumes over 130M Tons of
Construction Aggregate
• Miami-Dade quarries produce app. 50M
Tons of high-quality aggregate per year
• Miami Rock is shipped to Tampa, Orlando
and Jacksonville
• Florida is a net importer of aggregate
(Georgia, Mexico, Bahamas, Canada)
• Highest recorded import volume is 9M Tons
• Even a 10% curtailment of Miami production
will lead to a net shortage of aggregate in
Florida
Lee County Mining Area
• Rock supply compromised by
urban expansion while mine
production declines
• Present day needs augmented
with expensive aggregate
trucked from Lake Belt and
Tampa ports and rail terminals
• Majority of aggregate needed
in Southwest Florida expected
to be imported within 10
years
Going Forward --- Think Efficiency
• Move FDOT-quality coarse aggregates from sources in
Georgia, Alabama, Canada, and Central America
• Consider investments in rail and port infrastructure to
efficiently distribute rock
• Improve ports off-loading areas to facilitate movement of
bulky rock piles onto trucks and off-port rail
• Accelerate rail upgrades and repairs to accommodate
aggregate trains
• Create “Aggregate Rail Hubs” to minimize truck delivery
distances
Thank you!
Credits: Florida Department of Transportation
Presentation 3
Construction Materials Mining Activity
Regulatory Reform & Economic Development Subcommittee
GeoSonics
Construction Material Mining Activity
• Jeffrey A. Straw, Vice President and Area Manager – • International Society of Explosive Engineers,
GeoSonics, Inc. Blasters Training yearly, January 31, 2015 –
January 29, 2022
• Bachelor of Science from Slippery Rock State
• Publications
• 45 years with GeoSonics – 43 working in the State of • Co-Author/Draftsman/Technician, U.S. Bureau of Mines,
Florida Minerals Research Contract Report, "Survey of Blasting
Effects on Ground Water Supplies in Appalachia", May
1978 to February 1980.
• Member International Society of Explosives Engineers
Seismograph Committee • International Society of Explosives Engineers - Blast
Vibration Effects Upon a Deep Injection Well and the
Reduction of Ground Vibration over Depth - February
• Hold a User of Explosives license for the State of Florida 1994.
• Training • The Basis for Safe-Level Vibration Limits for Residential
Structures and Application to Multiple Structure Types
• Blasting Explosives Safety and Use - Explosives Technologies
International of Florida, Inc., 1990 // Practical Blasting Fundamentals, • Explosives and Monitoring for Construction Materials
Level I, International Society of Explosives Engineers Certificate Program, Mining Activities, Seminar for State Fire Marshal, State
of Florida representatives, Blasting Side Effects, 2009 –
1994 // Effective Drilling and Blasting Seminar, National Stone
Association, 1992.
2016 - 2023 · /4 GeoSonics
Quarry Operations in Florida
• Mining occurs where the geologic rock formation exists, not where
convenient.
• Material is of the quality to create finished aggregate – Broken
rock that may be crushed to specific sizes for construction use
• Depth and hardness of rock require explosives to break rock for
excavation.
• Rock hardness exceeds mechanical excavators’ ability to break
apart
· /4 GeoSonics
Blasting Operations
• Scientific approach to all blasting
• Blasting Plan Developed for the overall site and specific plans
for each blast
• Site locations identified for all blasts
• Consists of location of holes – Multiple holes surveyed
• Depth and hole diameter are developed by professional
blasting contractors licensed in Florida
• Explosive loading calculations are designed to use the
minimum amount of materials necessary for each location
• Drilling is completed by specialty drills
• Professional licensed explosives contractors load and detonate
all blasts
Blasting Activity Designs
• Each blast design is considered in terms of fragmentation of
rock and to minimize off-site energy.
• 95-97% of the energy developed is used to fragment and move the
rock materials
• Remaining 3-5% moves outward from a site and is waste energy.
• Design of a blast considers ground vibration expected and limits
placed upon vibration
· /4 GeoSonics
Blasting Activity Designs
• Pattern design also uses “Directional
• Blast loading is conducted and Blasting” to reduce off-site vibration.
introduces an emulsion product into
the blast hole. • As individual holes detonate the blaster
orients the direction of initiation to
progress away from adjacent homes
• Each hole has an electronic delay to
separate each hole in milliseconds • Proven scientific technique to reduce
(thousands) apart. vibration
• Delay increases breakage and reduces
vibration off-site
• Specific delay timing is calculated to
have waves offset each other
Vibration
• Vibration – after rock breakage
occurs vibration waves moves
outward from blast site –
continually decreasing in intensity
• Similar to dropping a rock in a quiet
pond. We cannot visually see waves.
• Perceptible but not capable of creating
damage if it is within legal limits
• Measure Particle Velocity–speed of
oscillation of ground particles
Vibration Monitoring
• All blasts measured by seismographs per
current state law
• Operated by independent third party professional
firms
• Trained operators install equipment in accordance
to standards from the International Society of
Explosives Engineers
• Seismographs calibrated to standards of
International Society of Explosives Engineers
Standards
• Seismographs are not adjustable in field – Require
specialized equipment to calibrate – Fire Marshal
reviews calibration certificates upon inspections
• Vibration waveforms maintained and
evaluated following each blast and for each
upcoming blast
Air Overpressure
• Sound – Air Overpressure created
as gas vents
• Sound is similar to distant thunder
• Measured for each blast
Vibration Research
• Vibration research has been conducted by multiple agencies and for over 70 years
• U. S. Bureau of Mines has the most complete and technically evaluated limits to prevent
damage
• Standards are the basis of current State Standards (Chapter 552.30 F.S.)
• Proposals that reduce limits have NO technical basis and are arbitrary
• A reduction in vibration to 0.15 in./sec. would be a 70% reduction to existing regulations
• Reducing limits further would require increased blasting activity to meet the demand for
Commercial Aggregate Production
· /4 GeoSonics
Vibration Research
• Vibration Research covers construction
materials within structures
• Includes plaster, drywall, stucco, mortar
and reinforced concrete
• Previous comments have said no
scientific study was done in Florida.
• Incorrect Statement
• US Bureau of Mines – August 1995 -
Weston
• Miami Dade County Blasting Task Force –
May 31, 2000
• State Fire Marshal – Study – July 2018
Conclusion
• Research and technical studies indicate that there is no scientific basis to
reduce levels below the current regulations
• Vibration level limits as discussed would reduce the aggregate supply
needed for the State
• The reduction in vibration to 0.15 in./sec. would increase blasting
activity to meet the demand for Commercial Aggregate Production
• Jobs will be lost with the reduction of limits
• There are sufficient safeguards within current State law
· /4 GeoSonics
Presentation 4
Blasting Eff~c~s in v
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Nguyen, Hoang, et al. A Comparative Study of Empirical and Ensemble Machine Learning
Algorithms in Predicting Air over-Pressure in Open-Pit Coal Mine. Acta Geophysica, Jan. 2020,
www.researchgate.net/publication/338922856_A_comparative_study_of_empirical_and_ense
mble_machine_learning_algorithms_in_predicting_air_over-pressure_in_open-pit_coal_mine.
P ave,
S Wave
552.30 Construction materials mining activities.—(1) Notwithstanding the provisions of
s. 552.25, the State Fire Marshal shall have the sole and exclusive authority to adopt
standards, limits, and regulations regarding the use of explosives used for construction
materials mining activities. Such authority to regulate use shall include, directly or indirectly,
the operation, handling, licensure, or permitting of explosives and setting standards or limits,
including, but not limited to, ground vibration, frequency, intensity, blast pattern, air blast
and time, date, occurrence, and notice restrictions. As used in this section, the term
“construction materials mining activities” means the extraction of limestone and sand suitable
for production of construction aggregates, sand, cement, and road base materials for shipment
offsite by any person or company primarily engaged in the commercial mining of any such
natural resources.
(2) The State Fire Marshal shall establish statewide ground vibration limits for
construction materials mining activities which conform to those limits established in the
United States Bureau of Mines, Report of Investigations 8507, Appendix B - Alternative Blasting
Level Criteria (Figure B-1). The State Fire Marshal may, at his or her sole discretion, by rule or
formal agreement, delegate to the applicable municipality or county the monitoring and
enforcement components of regulations governing the use of explosives, as recognized in this
section, by construction materials mining activities. Such delegation may include the
assessment and collection of reasonable fees by the municipality or county for the purpose of
carrying out the delegated activities.
DfP.-\RDfFNT OF FJN.-\ 1'" CJ-\I SfR\JCf-S
Ditision of S ta.re fin !\Jarshol - B uuau of Fire Prei·,nn·on Florida Depa rtment of Fina ncia l Services
Divi.sion of Stat e Fire Mars ha l
BLASTil\"G ACITi TIIES REPORT Bureau of Fire Prevent ion
\Oami-Dade Pilot Program Miami-Dade Construct ion Min ine Pilot Proeram
Imtn1rdm12
Blast Inform at ion Form
This report must be compfered by each person engaged in construction materials mining activity in ?-.fiami-Dade County for all blasts, Date Submitted: November 10, 2023
by the first day and the 15th day of the month. Thi:; report must be electronically submi!Nd through the Department of Financial
Ser vice' s. ~fine Activity O earinghouse website, which is a\·ailab le at bttps:llm:ineactivitvd earinehouse.nn,£loridacl'o.eov. In ihe enof
that the Mine Activity Quringhouse is. unavailable, this report must be submitted by email to Prepared by: lnte.gra·te d Geote chn ical Solution s, In c
mineadn:itvclen inghouse@mvfloridacfo.com.. This report must also be maintained in accordance with s.e-ction 552.112, F.S. Seismologist: Tanner Cowan
Information pro"\-; ded on this. report will nof be- reviewed by State f ire Marshal staff prior to publication on the d eJ..Jinghou se website.
PLEASE DO NOT REPORT ANY INFORMATIO. THAT IS TRADE SECRET OR. CONFIDENTIAL WITHOUT PROPER. Operation: White Roel< Quarries Blast Date: October 20, 2023
REDACTIONS. Location: 1&300 NW 122nd Ave, Hialeah, FL Blast Time: 10:30 :00AM
Highest PPV (in/ sl: 0.7 146 Associated Site: Location 1
Name of Construction Mining Company: ~= R.ocl;~· Ou=ame
Whi·=;.= = = ·=' - - - - - - - - - - - - - - - - - - -
Addms : 18300 NW 122"'~A='"'
=""='- - - - - - - - - - - City/Stale/Zip: Miami. FL 33018 Highest Ai r Blast (d BL): 102."8 Associat e d Site : Lo cation 1
Phone.: llQL_J ~ 82=2~•=
53=2=2 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail address.: n'Tginfo«fmTguarries.com
License No.: ~CMP
== 15-000003
== ~ - - - - - - - - - Is.sue Date: 03/0 1/2023 Expiration Date~ 03101/2024
License No.: ~C:MP
= l==
5-000002
=~ - - - - - - - - - Is.sue Date: 03/0 1 _023 Expiration Date..: 03/01/2024
Li.cense No.: -"= =
765615-0003
== -2002
=' -- - - - - - - - Issue Date.: 03/01 _023 Explr.ltion Date: 04/11/2024 10/20/23 10:30:00 0.7146 25.3 102.8 4,158
License No.: ~======
765615-0006-2002_ _ _ _ _ _ _ _ _ lssneDate, 03101/2023 E.-<piration Daie, 04/11/2024
License No.: 76 5615-0008-2002_ _ _ _ _ _ _ _ _ Issue Date: _ = = = - Explration Date~ 04/11/2024
~====== 2 10/20/23 10:30:00 0.1579 55.4 101.1 2,803
License No.: ~======
765615-0001-2002_ _ _ _ _ _ _ _ _ Issue Da.te: _ = = =- Expiration Date~ 04/11/2024
License No.: -"=
765615-0002-2002
= == = ~- - - - - - - - Issue Date: _ = == - Expiration Date: 04/11/2024
License No.: - " = =
765615-0007-2002 10/20/23 10:30:00 0 ..1 471 22.5 93.8 5,844
= = = ' - - - - - - - - - Issue Date..: ~ = = =- Expiration Date: 04/1 1/2024
License No.: - " = =
765615-0009-2002
= ~ =- - - - - - - - - Issue Date: ~ = = =- Expiration Date: 04/l l/2024
License No.: ~ CMP
===19-000004
=,__ _ _ _ _ _ _ _ _ Is.sue Date: ..====-- Expiration Date: 03'18 024 4 10/20/23 10:30:00 0.0434 15 .6 89.4 10,016
License No.: - " =
765615-0005
=== -2002
= ' -- - - - - - - - lssne Date: 03/01/2023 E"!>intion Date, 04/11/2024
10/20/ 23 10:30:00 0.0317 17 .5 96-3 13,000
Name of BlastedBlasti..c.g Fi:rm.: John \V. Ane:elini. Jr. - 0,,.110 _ obe.L Inc.
6 10/20/23 10:30:00 N/T N/T N/T N/T
Adch, ss: l l 420NW 13~~S~tt~
" ~t _ _ _ _ _ _ _ _ _ _ _ City/Srate/Zip: Miami. FL33 178
Phone: ~ ~8-2~3-6-999
~ _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail address: ron.1·am.accifii'am.d,,11ooobel com 10/20/23 10:30:00 N/T N/T N/T N/T
Perm.if No.: #EP,, -000009 Issue Date..: l0/1 _022
10:30:00 N/T N/T N/T N/T
De tails of Bla~ t: Number ofhole.s: _ 2
=0_ _ _ _ _ _ _ _ _ _ _ __ Depth: 85
10:30:00 0.0239 13.7 94_9 16,559
Seismologist of Record: ~V~ibn
=-~T~ecl,,=l~nc~.- - - - - - - - - - - - - - - - Number of wet holes: _8=5~ - - - - - - - - - - - Wate.r depth: NIA
Date of Blast: October 20. 013 Time ofBlsst ~ 10=°l~(1+ -- -- Diameterof each hole: _4=_5_ _ _ _ _ _ _ _ _ __
10:30:00 N/T N/T N/T N/T
Spacin~ between holes: 18
Location of Blast (Global Positioning System Coordinate:s.) : Section 6: N 25 57 10.190016. W
=840~ - - - - - - - - - - Number of primei'S : 40
Amount of explosives.: ~ 11 = 10:30:00 N/T N/T N/T N/T
Property 0\\-ner or Lessee: ~IV
=hit·=•=Rocl.
=~ · °"
=""='=·..
~ -------------
• "="="'·=•- - - - - Number of caps: 40
Type of caps. (i e., electronic, electric- or nonelectric): ~El=•= 10:30:00 0.032 2.3 <88 12,897
Ptope,ty Address of Blsst: 18300 NW P' A,·enne City/State/Z.ip: ..M
DFS-K3 -201 8, Effective 11/21 Stemming feet _1=6~ _ _ _ _ _ Maximum pounds delay: ~ 59~2_ _ _ _ _ _ Maximum hole delay: _ I_ __
Rule 69A-2.024, F.A.C.
\Ve.athe.r. Cloudv \\fmd direction: ~N="='ih
~ --------
Type and make of blasting madiine: _Di
= ·"=
·=
shoi=B=ls=st~ =
Bo•~ - - - - - - - - - - - - - - - - - - -
Global positioning system direc.tion and distance in feet to the nearest building: _0=2=5=
0
~1~7~10= f•=•t~ - - - - - - -
Loc:ati.oo of each seismograph: Sunset Fa.Us - SFWMD RoW - N 25 57 25.50 W 80 23 16.70
Decking fe-et: ~ 69~ _ _ _ Peak particle ve!ocity inches per second: 0.175 in. l~ec. Sound decibels: ~l~l=l =dB
~--
Presentation 5
Blasting Eff~c~s in v
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HOME ABOUT SCIENCE CENTER LEARN MORE FAQ MAPS CO TACT
FAQ
+ g. What's the difference between concrete and cement?
+ . What is "b astin "and wh is it necessa ?
. Can this b astin
No. In fact. many are surpri sed to learn that ev,eryday activities, such as dootr slamming and hammening nails, ,can cause
gr,eater vibrations in ai • ome than blasting at: o r faciliitle•s. Our limestone operations use the most advanced bla.st:ing
technology avai lable, a.nd car-efu l monitoring w· h highly accurate seismic instrnments demonstrates tha1 blasting levels are wel l
wiithin limits.
Moreover, the state's blasting limits are 62 percent stricter tha the national level ,established by the U.S. Bureau of Mines.
Tak away
1. Eve yday activi i ca reach a d ev
exceed vibration a d sou d levels from nea by
i i g operations:
ans feel vi rations at ve y low levels,
ose low-lev I vibr tio s can' ca se da ag
o ome .
NO STR CT RAL A AG OCCUR B O 180
U)
en
C 0 150 -
0;:
....-m ...cu 175 dB
... a,
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en
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z
a,
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~
1- 85 - a., m
a, a, 120 dB
...C 140
Cl) dB
Cl
... 100 dB, ... E
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J: <t J.: J:
Sourc,;,: 'ilfl<S:IJ'M w,.o s e.orgl(Jj!E.11-a.ccess.'ground- a:ions d • -1:I '3:St-Effe<:ts-induce:I :r-blas:ing-in-open-pit-mines-cas-e-of-m.e:l3oui- g-i:'3.ain-so 1:hwest a'.unis.a.•2~ -S 9- 4 .php?aid= 3 43
Source: https://www.omicsonline.org/open-access/ground-vibrations-and-air-blast-
effects-induced-by-blasting-in-open-pit-mines-case-of-metlaoui-mining-basin-
southwestern-tunisia-2381-8719-1000247.php?aid=73743
Sampling of Total amount
11/02/2021 –
Date Range
03/15/2023
Total number of Blast
764
occurrences
Total number of Blasts at
of Blast Occurrences
449
or below 0.15
Average blast .158
SDI Aggregates, LLC
Total number of blasts 33
Total number below 0.15 33
Percentage below 0.15 100%
Florida Rock Industries, Inc.
Total number of blasts 56
Total number below 0.15 53
Percentage below 0.15 95%
Florida Rock Industries, Inc. Occurrences
Titan America, Inc.
Total number of blasts 113
Total number below 0.15 102
Percentage below 0.15 90%
Cemex
Total number of blasts 257
Total number below 0.15 125
Percentage below 0.15 49%
White Rock
Total number of blasts 305
Total number below 0.15 167
Percentage below 0.15 55%
PErABPIF,NT Qf EJNANqAL SE,BYICfS
Dll!iJ ion ofStal~ Fire Marshal- B11re11u of Fire Pre>a--e:n1lo11
Jostcut1 i1t1ffi
Thi report nmst b coin:pleted by ..:ich person engaged in construction mat ial m,n111g a 11 iry in Miam i-Dade County for all blasts
by !he firs1 day and the I 5"' day of the Hlillllh. This report must be loctronicall ubmined through the Department of Financial
Sel'Vice's Mine Activity Cl earingh011se \Ir, bsi 1e whrch i a ai labl al htl]_]:.S '. 1llineactivi1 cl arim!hou~e.myfloridacfo.!!tl\'. In lhe ent
thal the Min Activity Clearinghouse i unavailable 1his repon must b ubmit led by email lo
mine.acti\ ityd~-arin •hou~erti m:,rt7oridacfo.com. Thi report must also be ma intained in accordanc with lion 552.112 F.S.
lnforma1 ion provided on thi report will not be revie ed by Slate Fire Marshal tatT prior to publi alion on Lheclea ·nghouse weibsite.
PLEASE 00 OT REPORT A Y 1NFORMATIO THAT JS TRADE SECRET OR CO FJDENTIAL Wl OUT PROPER
REDACHO
am of Construction Mining Com-pan : -'T,.,ir=a,,,,n,_.,A
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Lie nse No.: 749713-000l -2007 ue Dal
L ic nse No.: _ ,7_4.,_,9'""'7..,_l=-
5-....0=0-"-
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0= 02= - - - - - - - - - - - ueDal
ueDal ·c, ,e-lecttk ai !!l.Q;nel:ecttic) : E Ktronic be of caps.: -=
3-2J
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L i ense No.: _ '7-'5~45=9=- 5-....0=0"""
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0= 02= - - - - - - - - - - -
L i ense No.: 754592-0001-2002 ue Dal
License No.: 754145-0001-2006 ue Dal Stemming f~t : _ ..o_ _ _ __ iaximnm pouads il:i 'a)' : _ i:5_
'0_1._5_ _ _ _ _ _ ~ :hole i'efa), : _2·_ _ _ _ __
\Veather: (5, • W-llld directi.G;n: ~ ~ - - - - - - - - - - - -
°Fl,'PE!·mid. make ,of 'b h::~ ; drim.e-: -=D;=.~=-=-1'.=i=ar' - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Florida Department of Fi11a 11oial Services
D'ir'l.1nsrn n of St a1t:e Fir,e• Marsha I
81!J reau o f Fre Pr,e,v enfon
Mia lini-D,a de Construct·o:n1M inin11 Pilot Pr,0 1r,a m
!Blast I fmrniati on Fon1111
Date Submitted: Janu.ny 4, 2024
Pr,epared by: Integrat ed Geo1ted mical So futions, lrnc.
Seismologist: Tanner Gowarn
Operatu.o n: Titarn Ql!Jarry 18' as:t Date: IDecem beir 6, 2023
l!Jo cati°o'lll: 1801 W Miami a ., Miami, Fl IR~as:t Time: 03:05:00 P
Hi gh.est P,PV (infs): 0.0313 ~ooiatedl Si:tiie : IL.ocation 14
Highest Air IB~ast (dBL) : 115"3 ~ooiatedl Si'lie: 1Location 14
Event Event PPV ff",equenc:y Air Blast Distan,oe
s~ -
Date Time lm/s) [HzJ [dBL) to BIMt (ftJ
1 12/ 06/ 2.3 1lS:0.5:00 Nfr fr N/T /T
2. 12./06/2.3 1lS:OS:OO N[r fr N/T fr
.3 12./06/ 2.3 1lS:OS:OO Nfr fr N/T fr
4 12/ 06/ 2.3 1lS:0,5:00 Nfr fr N/T fr
.5 12,{ 06/ 2.3 1lS:OS:OO N/J fr N/T fT
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Presentation 6
STRUCTURAL PERFORMANCE
Soil and Structural Response to Vibrations
Why the Florida Standard Works to Protect
Structures from Damage
David L. Teasdale, PE
All Structures Develop Cracks
• Environmental Stresses
—Thermal Expansion/Contraction
—Changes in Humidity
• Structural Movement
—Misalignment and Distortion
—Foundation Settlement
Note: People often attribute conditions to foundation movement
that are neither foundation problems nor of structural significance
to their house
Cracks Occur at Areas of Stress
--
- • I_
l -
- -- I-
- - -I
Typ'ic,a Wa ll -Showing
.Areas ,o f Sress C,o ncentrat!on
Consider Expansion/Contraction
• Vertical
• Horizontal I
• Random
• May Stop &
Start in the
Field of the
Wall
Often at Joints and Weak Planes
e.g., Hygrometric
Changes in Drywall
Cracks From Foundation Movement
• Damage is
localized to
area of
settlement
• Permanent
distortion of
the structure
• Physical
change in
elevations DOWNWARD
MOVEMENT OF THE
DOOR POSTS
CHANGE IN STRIKER
WEAR
Foundation Settlement
Structural vs. Cosmetic Cracks
• Structural cracks
compromise the
load capacity
• Cosmetic cracks
are simply unsightly
Not Structural
Crack Summary
• Cracks have many causes
• Cracks do not equal structural movement
or structural damage
• A primary delineator between cracks from
structural movement and those from
environmental stresses is crack
orientation.
9
Consider Movement from Vibration
Shaking of the
ground accelerates
the foundation, and
the structure lags in
response
Therefore, the structure
above the foundation
experiences the greatest
deformation
Motion from Shaking
• Inclined
• Consistent
Across a
Plane Area
• Continuous
from the point
of stress
Key Behavior: Amplification of Motion
• Walls move much more than the foundation
• Finishes are much weaker than the
structure
• Walls and finishes will sustain extreme
damage before pavement and foundation
damage is possible
! If you lift the carpet and find slab cracks but do not have
severe damage to the walls, the cracks did not result from
shaking.
Structures Move Much More Than Soil
• Direct energy on the soil is needed to cause
consolidation
• Consider the repeated rolling and working needed for
a contractor to compact foundation soil
• Soil consolidation from a single blasting event
requires extreme ground motion
• Even in poor soils and fills
• Severe damage to walls and above-ground
structures will precede settlement (and
pavement cracking).
The physics of consolidation is complicated but
researched and demonstrable
In Summary, Cracks are Normal
• No structure is crack free
• Cracks do not necessarily indicate a
structural problem
• Cracks from shaking are distinctive and
identifiable
Protection Against Blasting Damage
Recall that controlled blasting
monitors vibrations at the
nearest structure.
Why should we accept these monitoring standards?
Protection Against Damage
Historical Research
provides these limits
• 1942 - Bulletin 442 Seismic Effects of Quarry Blasting
• 1962 – RI 5968 Review of Criteria for Estimating Damage
to Residences from Blasting Vibrations
• 1971 – Bulletin 656 Blasting Vibrations and Their
Effects on Structures
• 1980 – RI 8507 Structure Response and Damage
Produced by Ground Vibration From Surface Mine Blasting
• 1984 – RI 8896 Effects of Repeated Blasting on a Wood
Framed House
U.S. Bureau of Mines & Others
• Fundamentally based on flexible, wood-
framed structures, but
—Include the effects of repeated blasting
—Include different construction types
—Includes different construction materials
—The empirical approach captures all different
soil types
Considering “Threshold Damage”
The Florida Standard (also the national
standard) is based on a statistical 0% chance
of crack extension in brittle finishes on a
flexible structure when viewed at 10x
magnification.
It is a stringent standard
Consider Florida Structures
• Designed for strong lateral resistance to
protect against wind
—Reinforced at corners and headers
—Tied from the foundation to roof
• Many structures are much stiffer and
stronger masonry structures rather than
flexible wood frames
• Much greater lateral strength than the bulk
of those studied in research
Protecting the Structure (Research)
• Florida Studies further bear out past
national research
—Weston Study (1995) – South Florida homes
respond like others and require no special
protection.
—Miami Dade (2000) – South Florida homes
were protected at current levels
—RESPEC/Florida State Fire Marshal (2018) –
The current Florida standard protects
structures of all types, and blasting is not the
cause of damage to homes around mines
Engineers and
Consultants have
successfully applied
these standards for at
least 75 years
The Florida standard is the
industry standard, field tested, and
reliable
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