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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.

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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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DATE: 2/2/2024
                                                         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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           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

                                                         Page 1 of 3

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                                                                                                                hb0141-00
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        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.




                                                      Page 3 of 3

     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.
STORAGE NAME: h0207.RRS
DATE: 2/4/2024
                                                       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).
STORAGE NAME: h0207.RRS                                                                                                     PAGE: 2
DATE: 2/4/2024
         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).
STORAGE NAME: h0207.RRS                                                                                                        PAGE: 3
DATE: 2/4/2024
        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).
STORAGE NAME: h0207.RRS                                                                                                 PAGE: 4
DATE: 2/4/2024
         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.

STORAGE NAME: h0207.RRS                                                                                                         PAGE: 5
DATE: 2/4/2024
         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.

STORAGE NAME: h0207.RRS                                                                                                          PAGE: 6
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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.
STORAGE NAME: h0207.RRS                                                                                   PAGE: 7
DATE: 2/4/2024
                              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.

    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).

STORAGE NAME: h0207.RRS                                                                                     PAGE: 8
DATE: 2/4/2024
            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).

STORAGE NAME: h0207.RRS                                                                                            PAGE: 9
DATE: 2/4/2024
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           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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        HB 207                                                                                                2024




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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        HB 207                                                                                                2024




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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        HB 207                                                                                                2024




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
DATE: 2/2/2024
                                                          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.

STORAGE NAME: h0497.RRS                                                                                                     PAGE: 2
DATE: 2/2/2024
         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.

STORAGE NAME: h0497.RRS                                                                                                      PAGE: 3
DATE: 2/2/2024
         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.”).
STORAGE NAME: h0497.RRS                                                                                                            PAGE: 4
DATE: 2/2/2024
         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.
STORAGE NAME: h0497.RRS                                                                                      PAGE: 5
DATE: 2/2/2024
          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.
STORAGE NAME: h0497.RRS                                                                                                            PAGE: 6
DATE: 2/2/2024
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           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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        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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        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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                                      Page 3 of 4
                                          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
DATE: 2/2/2024
                                                         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).

STORAGE NAME: h0757b.RRS                                                                                                        PAGE: 2
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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.”)
STORAGE NAME: h0757b.RRS                                                                                                         PAGE: 10
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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.

STORAGE NAME: h0757b.RRS                                                                                       PAGE: 11
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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;

STORAGE NAME: h0757b.RRS                                                                                        PAGE: 12
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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.
STORAGE NAME: h0757b.RRS                                                                                       PAGE: 13
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   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.


STORAGE NAME: h0757b.RRS                                                                                         PAGE: 14
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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.




STORAGE NAME: h0757b.RRS                                                                                     PAGE: 15
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           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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        CS/HB 757                                                                                            2024




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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        CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




 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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         CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




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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         CS/HB 757                                                                                            2024




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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                                                                                                          hb0757-01-c1
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.
STORAGE NAME: h0785.RRS                                                                                          PAGE: 2
DATE: 2/2/2024
        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.
STORAGE NAME: h0785.RRS                                                                                        PAGE: 3
DATE: 2/2/2024
       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:
STORAGE NAME: h0785.RRS                                                                                   PAGE: 4
DATE: 2/2/2024
            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).
STORAGE NAME: h0785.RRS                                                                                       PAGE: 5
DATE: 2/2/2024
                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0785.RRS                                                 PAGE: 6
DATE: 2/2/2024
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           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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        HB 785                                                                                                2024




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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        HB 785                                                                                                2024




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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         HB 785                                                                                                2024




 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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         HB 785                                                                                                2024




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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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.
STORAGE NAME: h1049.RRS                                                                                        PAGE: 2
DATE: 2/4/2024
                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.
STORAGE NAME: h1049.RRS                                                                                            PAGE: 3
DATE: 2/4/2024
     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).
STORAGE NAME: h1049.RRS                                                                                               PAGE: 4
DATE: 2/4/2024
   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.
STORAGE NAME: h1049.RRS                                                                                        PAGE: 5
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




STORAGE NAME: h1049.RRS                                                                               PAGE: 6
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."

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1049-00
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 1049                                                                                               2024




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.

                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             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
     436607 - h1049-lines 14-50.docx
      Published On: 2/5/2024 11:09:55 AM
                                    Page 2 of 3
                                           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.




     436607 - h1049-lines 14-50.docx
      Published On: 2/5/2024 11:09:55 AM
                                  Page 3 of 3
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.
STORAGE NAME: h1081.RRS                                                                                                  PAGE: 2
DATE: 2/4/2024
         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.
STORAGE NAME: h1081.RRS                                                                                                PAGE: 3
DATE: 2/4/2024
        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.
STORAGE NAME: h1081.RRS                                                                                         PAGE: 4
DATE: 2/4/2024
                     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.
STORAGE NAME: h1081.RRS                                                                                                PAGE: 5
DATE: 2/4/2024
       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:

STORAGE NAME: h1081.RRS                                                                                       PAGE: 6
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.




STORAGE NAME: h1081.RRS                                                 PAGE: 7
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           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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        HB 1081                                                                                               2024




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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        HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




 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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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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         HB 1081                                                                                               2024




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.
STORAGE NAME: h1123.RRS                                                                                                           PAGE: 2
DATE: 2/4/2024
        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).
STORAGE NAME: h1123.RRS                                                                                           PAGE: 3
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.
STORAGE NAME: h1123.RRS                                                                                             PAGE: 4
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.




STORAGE NAME: h1123.RRS                                                                         PAGE: 5
DATE: 2/4/2024
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           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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        HB 1123                                                                                               2024




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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        HB 1123                                                                                               2024




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.




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   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).

STORAGE NAME: h1185.RRS                                                                                                          PAGE: 2
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.

STORAGE NAME: h1185.RRS                                                                                             PAGE: 5
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).

STORAGE NAME: h1185.RRS                                                                                                           PAGE: 6
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.

STORAGE NAME: h1185.RRS                                                                                                           PAGE: 8
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.
STORAGE NAME: h1185.RRS                                                                                  PAGE: 9
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.
STORAGE NAME: h1189.RRS
DATE: 2/4/2024
                                                     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).
STORAGE NAME: h1189.RRS                                                                                                PAGE: 2
DATE: 2/4/2024
        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.
STORAGE NAME: h1189.RRS                                                                                                PAGE: 3
DATE: 2/4/2024
        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.
STORAGE NAME: h1189.RRS                                                                                            PAGE: 4
DATE: 2/4/2024
         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.)
STORAGE NAME: h1189.RRS                                                                                               PAGE: 5
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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
STORAGE NAME: h1189.RRS                                                                                         PAGE: 6
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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.
STORAGE NAME: h1189.RRS                                                                                         PAGE: 7
DATE: 2/4/2024
       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.
STORAGE NAME: h1189.RRS                                                                                   PAGE: 8
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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.


STORAGE NAME: h1189.RRS                                                                                    PAGE: 9
DATE: 2/4/2024
   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




STORAGE NAME: h1189.RRS                                                                               PAGE: 10
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           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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        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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         HB 1189                                                                                               2024




 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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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         HB 1189                                                                                               2024




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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          HB 1189                                                                                               2024




 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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          HB 1189                                                                                               2024




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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          HB 1189                                                                                               2024




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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          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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                                                   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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                                                   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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                                                   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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                                                    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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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.

STORAGE NAME: h1217.RRS                                                                                        PAGE: 4
DATE: 2/4/2024
           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

STORAGE NAME: h1217.RRS                                                                                           PAGE: 5
DATE: 2/4/2024
         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.

STORAGE NAME: h1217.RRS                                                                                         PAGE: 6
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).
STORAGE NAME: h1217.RRS                                                                                      PAGE: 7
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

                                                         Page 1 of 3

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        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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        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).
STORAGE NAME: h1289.RRS                                                                                                          PAGE: 2
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.

STORAGE NAME: h1289.RRS                                                                                                         PAGE: 3
DATE: 2/4/2024
         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.

STORAGE NAME: h1289.RRS                                                                                                                 PAGE: 4
DATE: 2/4/2024
         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.
STORAGE NAME: h1289.RRS                                                                                                         PAGE: 5
DATE: 2/4/2024
       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:

STORAGE NAME: h1289.RRS                                                                                    PAGE: 6
DATE: 2/4/2024
           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.




STORAGE NAME: h1289.RRS                                                                                  PAGE: 7
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           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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        HB 1289                                                                                               2024




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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        HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




 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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         HB 1289                                                                                               2024




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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         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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     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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                                                   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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                                                   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.
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                                                        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).
STORAGE NAME: h1311.RRS                                                                                                        PAGE: 2
DATE: 2/4/2024
        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.
STORAGE NAME: h1311.RRS                                                                                             PAGE: 3
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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.
STORAGE NAME: h1311.RRS                                                                                       PAGE: 4
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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.

STORAGE NAME: h1311.RRS                                                                                       PAGE: 5
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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




STORAGE NAME: h1311.RRS                                                                                   PAGE: 7
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           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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         HB 1311                                                                                               2024




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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         HB 1311                                                                                               2024




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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         HB 1311                                                                                               2024




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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                                           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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                                   Page 4 of 4
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.
STORAGE NAME: h1541.RRS
DATE: 2/4/2024
                                                           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.
STORAGE NAME: h1541.RRS                                                                                                              PAGE: 2
DATE: 2/4/2024
         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.

STORAGE NAME: h1541.RRS                                                                                                          PAGE: 3
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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.

STORAGE NAME: h1541.RRS                                                                                                 PAGE: 4
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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.

STORAGE NAME: h1541.RRS                                                                                    PAGE: 5
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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.

STORAGE NAME: h1541.RRS                                                                                                   PAGE: 6
DATE: 2/4/2024
         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.

STORAGE NAME: h1541.RRS                                                                                                         PAGE: 7
DATE: 2/4/2024
         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.

STORAGE NAME: h1541.RRS                                                                                                              PAGE: 8
DATE: 2/4/2024
              •    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.

STORAGE NAME: h1541.RRS                                                                                                              PAGE: 9
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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).
STORAGE NAME: h1541.RRS                                                                                                           PAGE: 10
DATE: 2/4/2024
                  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.
STORAGE NAME: h1541.RRS                                                                                 PAGE: 11
DATE: 2/4/2024
     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.

STORAGE NAME: h1541.RRS                                                                                                    PAGE: 12
DATE: 2/4/2024
             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).

STORAGE NAME: h1541.RRS                                                                                                       PAGE: 13
DATE: 2/4/2024
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           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

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                                                                                                                hb1541-00
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        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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        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.

                                                      Page 3 of 3

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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).
STORAGE NAME: pcs1099.RRS                                                                                      PAGE: 2
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).
STORAGE NAME: pcs1099.RRS                                                                                         PAGE: 3
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
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           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

                                                         Page 1 of 4
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        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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        PCS for HB 1099                            ORIGINAL                                                  2024




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.




                                                      Page 4 of 4
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                                                                                                                     V
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
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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
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July 13, 2023 at 11 ·36 AM
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20230714-1000
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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
                                             •

     Mi&miD&de
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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
                                             •

     Mi&miD&de
     ,    -~·   •
                        ..
                                    •~
                                  •.. -
                                         ~


                                         .'
                                 .... ~·e. ,
                                          ,.
                             •           ..      .
~
                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,
                                                              .c C.                                                              ~--
                                                                                                                                  en

                                                              >...-o>-
                                                                                                                                  m
                                                                                                                                 z
                                                                                                                                  a,
 ....                                                        ·-
                                                             <t ..c
                                                                 ..                    1 0-                                             120 -
 Q)
 ~
 1-    85 -                                                    a., m
                                                               a, a,                  120 dB
                                                                                                                                  ...C 140
                                                                                                                                  Cl)      dB
 Cl
  ... 100 dB,                                                  ... E
                                                               mZ                                                                 E
                                                                                                                                  E
 ·-
 ca
                                                               Cl)
                                                               > 0                                                                m
 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=-
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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' - - - - - - - - - - - - - - - - - - - - - - - - - - -

                                                                                                Glalil"' I pot.ti •




                                                                                                                                                                                                            Sotm!.d de □bel.; : 119 d B
                                       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
                                                         VICTIM TESTIMONIALS                                                                                                                                                                           VICTIM TESTIMONIALS
                                                                                                             c..thy~



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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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