HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 1 of 26 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 A bill to be entitled 1 An act relating to the universal regulatory sandbox; 2 creating part XVI of ch. 288, F.S.; providing purpose; 3 providing definitions; creating the Office of 4 Regulatory Relief within the Department of Economic 5 Opportunity; specifying the duties of the office; 6 creating the General Regulatory Sandbox Program 7 Advisory Committee; providing for membership of the 8 committee; creating the General Regulatory Sandbox 9 Program; providing requirements for applications; 10 providing timelines and criteria for reviewing 11 applications; requiring the office to consult with 12 specified entities before admitting an applicant into 13 the regulatory sandbox; providing for written 14 agreements with sandbox participants; exempting denial 15 of an application from certain review or specified 16 laws; providing grounds for denial of an application; 17 requiring public notice of approval of an applicant; 18 requiring the office to post certain information on 19 its website; exempting sandbox participants from 20 certain enforcement for a specified period; specifying 21 limits to such exemption; authorizing the office to 22 terminate participation in the regulatory sandbox; 23 providing certain immunity to the office and its 24 employees; providing for consumer protection; 25 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 2 of 26 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 providing requirements for exiting the regulatory 26 sandbox; providing for extension of agreements; 27 providing recordkeeping and reporting requirements; 28 requiring the office to maintain a specified web page; 29 amending s. 20.60, F.S.; conforming provisions to 30 changes made by the act; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Part XVI of chapter 288, Florida Statutes, 35 consisting of ss. 288.9971 -288.9983, is created to read: 36 PART XVI 37 UNIVERSAL REGULATORY SANDBOX 38 288.9971 Purpose.—This part establishes a universal 39 regulatory sandbox, which allows businesses, under the 40 observation of regulators, to trial innovative products, 41 services, and business models while temporarily receiving a 42 waiver or suspension of inapplicable laws or regulations. 43 288.9972 Definitions.—As used in this part, the term: 44 (1) "Advisory committee" means the General Regulatory 45 Sandbox Program Advisory Committee created in s. 288.9974. 46 (2) "Applicable agency" means a department or agency of 47 the state that regulates a business activit y and persons engaged 48 in such business activity, including the issuance of licenses or 49 other types of authorization, which the office determines would 50 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 3 of 26 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 otherwise regulate a sandbox participant. 51 (3) "Applicant" means a person who applies to participate 52 in the regulatory sandbox. 53 (4) "Blockchain technology" means the use of a digital 54 database containing records of financial transactions, which can 55 be simultaneously used and shared within a decentralized, 56 publicly accessible network and can record transacti ons between 57 two parties in a verifiable and permanent way. 58 (5) "Consumer" means a person who purchases or otherwise 59 enters into a transaction or agreement to receive an offering 60 pursuant to a demonstration by a sandbox participant. 61 (6) "Demonstrate" or "demonstration" means to temporarily 62 provide an offering in accordance with the General Regulatory 63 Sandbox Program created in s. 288.9975. 64 (7) "Director" means the director of the Office of 65 Regulatory Relief. 66 (8) "Financial product or service" has the same meaning as 67 in s. 559.952(3). 68 (9) "Innovation" means the use or incorporation of a new 69 or existing idea, a new or emerging technology, or a new use of 70 existing technology, including blockchain technology, to address 71 a problem, provide a benefit, or otherwise offer a product, 72 production method, or service. 73 (10) "Insurance product or service" means an insurance 74 product or insurance service that requires state licensure, 75 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 4 of 26 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 registration, or other authorization under the Florida Insurance 76 Code, including an insurance product or insurance service that 77 includes a business model, delivery mechanism, or element that 78 requires a license, registration, or other authorization to 79 engage in an insurance business, act as an insurance producer or 80 consultant, or engage in insurance adjusting. 81 (11) "Offering" means a product, production method, or 82 service, including a financial product or service or an 83 insurance product or service, that includes an innovation. 84 (12) "Office" means the Office of Regulatory Relief 85 created in s. 288.9973. 86 (13) "Product" means a commercially distributed good that 87 is: 88 (a) Tangible personal property. 89 (b) The result of a production process. 90 (c) Passed through the distribution channel before 91 consumption. 92 (14) "Production" means the m ethod or process of creating 93 or obtaining a good, which may include assembling, breeding, 94 capturing, collecting, extracting, fabricating, farming, 95 fishing, gathering, growing, harvesting, hunting, manufacturing, 96 mining, processing, raising, or trapping a g ood. 97 (15) "Regulatory sandbox" means the General Regulatory 98 Sandbox Program created in s. 288.9975, which allows a person to 99 temporarily demonstrate an offering under a waiver or suspension 100 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 5 of 26 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 of one or more state laws or regulations. 101 (16) "Sandbox partic ipant" means a person whose 102 application to participate in the regulatory sandbox is approved 103 in accordance with this part. 104 (17) "Secretary" means the Secretary of Economic 105 Opportunity. 106 (18) "Service" means any commercial activity, duty, or 107 labor performed for another person. 108 288.9973 Office of Regulatory Relief. – 109 (1) There is created within the Department of Economic 110 Opportunity the Office of Regulatory Relief. 111 (2)(a) The office shall be administered by a director. 112 (b) The director shall report to the secretary and may 113 appoint staff subject to the approval of the secretary. 114 (3) The office shall: 115 (a) Administer this part. 116 (b) Administer the regulatory sandbox. 117 (c) Act as a liaison between private businesses and 118 applicable agencies to ident ify laws or regulations that could 119 be waived or suspended under the regulatory sandbox. 120 (4) The office may: 121 (a) Review laws and regulations that may unnecessarily 122 inhibit the creation and success of new companies or industries 123 and provide recommendatio ns to the Governor and the Legislature 124 on modifying or eliminating such laws and regulations. 125 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 6 of 26 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 (b) Create a framework for analyzing the risk level to the 126 health, safety, and financial well -being of consumers related to 127 permanently modifying or eliminating or temporarily waiving or 128 suspending laws and regulations inhibiting the creation or 129 success of new and existing companies or industries. 130 (c) Propose potential reciprocity agreements between 131 states that use or are proposing to use similar regulatory 132 sandboxes as created in this part or the Financial Technology 133 Sandbox created in s. 559.952. 134 (d) In accordance with chapter 120 and this part, adopt 135 rules regarding: 136 1. Administering the regulatory sandbox, including 137 adopting rules regarding the applicati on process and the 138 reporting requirements of sandbox participants. 139 2. Cooperating and consulting with other applicable 140 agencies that administer regulatory sandboxes. 141 288.9974 General Regulatory Sandbox Program Advisory 142 Committee.— 143 (1) There is created the General Regulatory Sandbox 144 Program Advisory Committee. 145 (2) The advisory committee shall consist of 11 members as 146 follows: 147 (a) Six members who represent business interests from a 148 variety of industries, appointed by the director. 149 (b) Three members who represent applicable agencies 150 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 7 of 26 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 regulating businesses, appointed by the director. 151 (c) One member of the Senate, appointed by the President 152 of the Senate. 153 (d) One member of the House of Representatives, appointed 154 by the Speaker of the House of Representatives. 155 (3)(a) Subject to paragraph (b), members of the advisory 156 committee who are not legislators shall be appointed to 4 -year 157 terms. 158 (b) Notwithstanding the requirements of paragraph (a), the 159 director may adjust the length of terms of appoi ntments and 160 reappointments to the advisory committee so that approximately 161 half of the advisory committee is appointed every 2 years. 162 (4) The director shall select a chair of the advisory 163 committee on an annual basis. 164 (5) A majority of the members of t he advisory committee 165 constitutes a quorum for the purpose of conducting advisory 166 committee business, and the affirmative vote of a majority of 167 the members constitutes the official action of the advisory 168 committee. 169 (6) The advisory committee shall advise and make 170 recommendations to the office. 171 (7) The office shall provide administrative staff support 172 for the advisory committee. 173 (8) A member may not receive compensation or benefits for 174 the member's service, but a member appointed under paragraph 175 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 8 of 26 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 (2)(a) may receive per diem and travel expenses in accordance 176 with s. 112.061. 177 288.9975 General Regulatory Sandbox Program; application 178 requirements.— 179 (1) There is created in the office the General Regulatory 180 Sandbox Program. 181 (2) In administering the regul atory sandbox, the office: 182 (a) Shall consult with each applicable agency. 183 (b) Shall enable a person to obtain legal protections and 184 limited access to the market to demonstrate an offering without 185 obtaining a license or other authorization that might ot herwise 186 be required. 187 (c) May enter into agreements with or adopt the best 188 practices of corresponding federal regulatory agencies or 189 agencies in other states that are administering similar 190 programs. 191 (d) May consult with businesses about existing or 192 potential proposals for the regulatory sandbox. 193 (3)(a) An applicant may contact the office to request a 194 consultation regarding the regulatory sandbox before submitting 195 an application. 196 (b) The office may provide assistance to an applicant in 197 preparing an application for submission. 198 (4) An applicant shall submit an application to the 199 office, in a form prescribed by the office, that: 200 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 9 of 26 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 (a) Confirms the applicant is subject to the jurisdiction 201 of the state. 202 (b) Confirms the applicant has established a physi cal or 203 virtual location in the state, from which the demonstration of 204 an offering shall be developed and performed and where all 205 required records, documents, and data shall be maintained. 206 (c) Contains relevant personal and contact information for 207 the applicant, including the applicant's full legal name, 208 address, telephone number, e -mail address, website address, and 209 any other information required by the office. 210 (d) Discloses any criminal convictions of the applicant or 211 of any person who seeks to partici pate with the applicant in the 212 demonstration of an offering. 213 (e) Contains a description of the offering to be 214 demonstrated, including statements regarding: 215 1. How the offering is subject to licensing, legal 216 prohibition, or other authorization requireme nts outside of the 217 regulatory sandbox. 218 2. Each law or regulation that the applicant seeks to have 219 waived or suspended while participating in the regulatory 220 sandbox. 221 3. How the offering would benefit consumers. 222 4. How the offering is different from other available 223 offerings. 224 5. What risks might exist for consumers who use or 225 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 10 of 26 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 purchase the offering. 226 6. How participating in the regulatory sandbox would 227 enable a successful demonstration of the offering. 228 7. A description of the proposed demonstratio n plan, 229 including estimated time periods for beginning and ending the 230 demonstration. 231 8. Recognition that the applicant shall be subject to all 232 laws and regulations pertaining to the applicant's offering 233 after conclusion of the demonstration. 234 9. How the applicant plans to end the demonstration and 235 protect consumers if the demonstration fails. 236 (f) Lists each applicable agency that the applicant knows 237 regulates the applicant's business. 238 (g) Provides any other required information as determined 239 by the office. 240 (5) An applicant shall file a separate application for 241 each offering that the applicant wishes to demonstrate. 242 (6) After an application is filed, the office shall: 243 (a) Classify, as a protected record, any part of the 244 application that the offic e determines is nonpublic, 245 confidential information that if disclosed would result in 246 actual economic harm to the applicant in accordance with s. 247 288.9984. 248 (b) Consult with each applicable agency that regulates the 249 applicant's business regarding whether more information is 250 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 11 of 26 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 needed from the applicant. 251 (c) Seek any additional information from the applicant 252 that the office determines is necessary. 253 (7) No later than 5 business days after the day on which a 254 complete application is received by the office, th e office 255 shall: 256 (a) Review the application and refer the application to 257 each applicable agency that regulates the applicant's business. 258 (b) Provide to the applicant: 259 1. An acknowledgment of receipt of the application. 260 2. The identity and contact information of each applicable 261 agency to which the application has been referred for review. 262 (c) Provide public notice, on the office's website and 263 through other appropriate means, of each law or regulation that 264 the office is considering suspending or wa iving pursuant the 265 application. 266 (8)(a) Subject to paragraphs (c) and (g), no later than 30 267 days after the day on which an applicable agency receives a 268 complete application for review, the applicable agency shall 269 provide a written report to the director t hat includes the 270 applicable agency's findings. 271 (b) The written report shall: 272 1. Describe any identifiable, likely, and significant harm 273 to the health, safety, or financial well -being of consumers 274 against which the relevant law or regulation protects. 275 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 12 of 26 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 2. Make a recommendation to the office that the applicant 276 be admitted or denied entrance into the regulatory sandbox. 277 (c)1. The applicable agency may request an additional 5 278 business days to deliver the written report by providing notice 279 to the director, which request shall automatically be granted. 280 2. The applicable agency may only request one extension 281 per application. 282 (d) If the applicable agency recommends an applicant be 283 denied entrance into the regulatory sandbox, the written report 284 shall include a description of the reasons for the 285 recommendation, including why a temporary waiver or suspension 286 of the relevant laws or regulations would potentially 287 significantly harm the health, safety, or financial well -being 288 of consumers and the likelihood of s uch harm occurring. 289 (e) If the applicable agency determines that the 290 consumer's health, safety, or financial well -being can be 291 protected through less restrictive means than the existing laws 292 or regulations, the applicable agency shall provide a 293 recommendation of how that can be achieved. 294 (f) If an applicable agency fails to deliver a written 295 report as required in this subsection, the director shall assume 296 that the applicable agency does not object to the temporary 297 waiver or suspension of the relevant laws or regulations for an 298 applicant seeking to participate in the regulatory sandbox. 299 (g) Notwithstanding any other provision of this section, 300 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 13 of 26 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 an applicable agency may by written notice to the office: 301 1. Within the 30 days after the day on which the 302 applicable agency receives a complete application for review, or 303 within 35 days if an extension has been requested by the 304 applicable agency, reject an application if the applicable 305 agency determines, in the applicable agency's sole discretion, 306 that the applicant's offering fails to comply with standards or 307 specifications: 308 a. Required by federal law or regulation; or 309 b. Previously approved for use by a federal agency; or 310 2. Reject an application preliminarily approved by the 311 office if the applicable age ncy: 312 a. Recommended rejection of the application in accordance 313 with paragraph (d) in the applicable agency's written report. 314 b. Provides in the written notice under this paragraph a 315 description of the applicable agency's reasons why approval of 316 the application would create a substantial risk of harm to the 317 health or safety of consumers or would create unreasonable 318 expenses for taxpayers. 319 (h) If an applicable agency rejects an application under 320 paragraph (g), the office must deny the application. 321 (9)(a) Upon receiving a written report described in 322 subsection (8), the director shall provide the application and 323 the written report to the advisory committee. 324 (b) The director may call the advisory committee to meet 325 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 14 of 26 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 as needed, but not less than once per q uarter if applications 326 are available for review. 327 (c) After receiving and reviewing the application and each 328 written report, the advisory committee shall provide to the 329 director a recommendation as to whether the applicant should be 330 admitted as a sandbox participant under this part. 331 (d) As part of the advisory committee's review of each 332 written report, the advisory committee shall use the criteria 333 required for an applicable agency as described in subsection 334 (8). 335 (10)(a) In reviewing an application and each applicable 336 agency's written report, the office shall consult with each 337 applicable agency and the advisory committee before admitting an 338 applicant into the regulatory sandbox. 339 (b) The consultation with each applicable agency and the 340 consultation with the advisory committee may include seeking 341 information about whether: 342 1. The applicable agency has previously issued a license 343 or other authorization to the applicant. 344 2. The applicable agency has previously investigated, 345 sanctioned, or pursued legal action against the applicant. 346 (11) In reviewing an application under this section, the 347 office and the applicable agency shall consider whether a 348 competitor to the applicant is or has been a sandbox participant 349 and, if so, weigh that as a factor in favor of allowing the 350 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 15 of 26 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 applicant to also become a sandbox participant. 351 (12) In reviewing an application under this section, the 352 office shall consider whether: 353 (a) The applicant's plan will adequately protect consumers 354 from potential harm identified by an appl icable agency in the 355 applicable agency's written report. 356 (b) The risk of harm to consumers is outweighed by the 357 potential benefits to consumers from the applicant's 358 participation in the regulatory sandbox. 359 (c) Laws or regulations that regulate an offer ing should 360 not be waived or suspended even if the applicant is approved as 361 a sandbox participant, including applicable antifraud or 362 disclosure laws or regulations. 363 (13)(a) An applicant becomes a sandbox participant if the 364 office approves the application and enters into a written 365 agreement with the applicant describing the specific laws and 366 regulations that are waived or suspended as part of the 367 applicant's participation in the regulatory sandbox. 368 (b) Notwithstanding any other provision of this part, the 369 office may not enter into a written agreement with an applicant 370 that waives or suspends a tax, fee, or charge that is 371 administered by the Department of Revenue. 372 (14)(a) The director may deny, at the director's sole 373 discretion, any application submitted under this section for any 374 reason, including if the director determines that the 375 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 16 of 26 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 preponderance of evidence demonstrates that suspending or 376 waiving enforcement of a law or regulation would cause a 377 significant risk of harm to consumers. 378 (b) If the director denies an application submitted under 379 this section, the office shall provide to the applicant a 380 written description of the reasons for such denial. 381 (c) The denial of an application submitted under this 382 section is not subject to: 383 1. Agency or judicial review; or 384 2. Chapter 120. 385 (15) The director shall deny an application for 386 participation in the regulatory sandbox if: 387 (a) The director determines that the applicant should 388 instead apply for the Financial Technology Sandbox created in s. 389 559.952; or 390 (b) The applicant or any person who seeks to participate 391 with the applicant in the demonstration of an offering has been 392 convicted of, or entered a plea of guilty or nolo contendere to, 393 any crime involving significant theft, fraud, or dishonesty if 394 the crime bears a significant relationship to the applicant's or 395 other participant's ability to safely and competently 396 participate in the regulatory sandbox. 397 (16)(a) When an applicant is approved for participation in 398 the regulatory sandbox, the director shall provide public notice 399 of the approval on the office's website and through other 400 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 17 of 26 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 appropriate means. 401 (b) The public notice described in paragraph (a) shall 402 state: 403 1. The full legal name of the sandbox participant. 404 2. The industries represented by the sandbox participant. 405 3. Each law or regulation that is suspended or waived for 406 the sandbox participant pursuant to the regulatory sandbox. 407 (17) In addition to the information described in 408 subsection (16), the office shall post the following information 409 on the office's website and also make the information available 410 through other appropriate means: 411 (a) Documentation regarding the office's determination and 412 grounds for approving each sandbox participant. 413 (b) Public notice regarding any sandbox partici pant's 414 termination of participation in the regulatory sandbox. 415 288.9976 Scope of the regulatory sandbox. — 416 (1) If the office approves an application under this part, 417 the sandbox participant has 12 months after the day on which the 418 application was approv ed to demonstrate the offering described 419 in the sandbox participant's application. 420 (2) An offering that is demonstrated in the regulatory 421 sandbox is subject to the following: 422 (a) Each consumer shall be a resident of the state. 423 (b) A law or regulation may not be waived or suspended if 424 waiving or suspending the law or regulation would prevent a 425 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 18 of 26 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 consumer from seeking restitution in the event that the consumer 426 is harmed. 427 (3) This part does not restrict a sandbox participant who 428 holds a license or other authorization in another jurisdiction 429 from acting in accordance with that license or other 430 authorization. 431 (4) A sandbox participant is deemed to possess an 432 appropriate license or other authorization under the laws of the 433 state for the purposes of any pro vision of federal law requiring 434 licensure or other authorization by the state. 435 (5) Subject to subsection (6): 436 (a) During the demonstration period, a sandbox participant 437 is not subject to the enforcement of laws or regulations 438 identified in the written agreement between the office and the 439 sandbox participant described in s. 288.9975(13). 440 (b) A prosecutor may not file or pursue charges pertaining 441 to a violation of law or regulation identified in the written 442 agreement between the office and the sandbox p articipant 443 described in s. 288.9975(13) that occurs during the 444 demonstration period. 445 (c) An applicable agency may not file or pursue any 446 punitive action against a sandbox participant, including the 447 imposition of a fine or the suspension or revocation of a 448 license, for a violation of law or regulation that: 449 1. Is identified as being waived or suspended in the 450 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 19 of 26 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 written agreement between the office and the sandbox participant 451 described in s. 288.9975(13). 452 2. Occurs during the demonstration period. 453 (6) Notwithstanding any other provision of this part: 454 (a) A sandbox participant does not have immunity related 455 to any criminal offense committed during the sandbox 456 participant's participation in the regulatory sandbox. 457 (b) A sandbox participant who provides an offering that is 458 a financial product or service shall comply with all applicable 459 federal laws and regulations governing consumer protection. 460 (7) By written notice, the office may terminate a sandbox 461 participant's participation in the regulatory sandb ox at any 462 time and for any reason, including if the director determines 463 that a sandbox participant is not operating in good faith to 464 bring an offering to consumers. 465 (8) The office and the office's employees are not liable 466 for any business losses or the r ecouping of application expenses 467 or other expenses related to the regulatory sandbox, including 468 expenses for: 469 (a) Denying an applicant's application to participate in 470 the regulatory sandbox for any reason; or 471 (b) Terminating a sandbox participant's participation in 472 the regulatory sandbox at any time and for any reason. 473 288.9977 Annual report. —By October 1 of each year, the 474 secretary shall provide a written report to the President of the 475 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 20 of 26 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 Senate and the Speaker of the House of Representatives that 476 includes: 477 (1) Information regarding each sandbox participant, 478 including which industries each participant represents and each 479 participant's anticipated or actual cost savings. 480 (2) Recommendations regarding any laws or regulations that 481 should be permanently modified or eliminated. 482 (3) Information regarding consumer outcomes. 483 (4) Recommendations for changes to the regulatory sandbox 484 or other office duties. 485 288.9978 Consumer protection for regulatory sandbox. — 486 (1) Before demonstrating an offering to a consumer, a 487 sandbox participant shall disclose the following to the 488 consumer: 489 (a) The full legal name and contact information of the 490 sandbox participant. 491 (b) That the offering is authorized under the regulatory 492 sandbox and, if applicable, that the sa ndbox participant does 493 not hold a license or other authorization to provide an offering 494 under laws or regulations that regulate offerings outside of the 495 regulatory sandbox. 496 (c) That the offering is undergoing testing and may not 497 function as intended and may expose the consumer to certain 498 risks as identified by the applicable agency's written report. 499 (d) That the sandbox participant is not immune from civil 500 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 21 of 26 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 liability for any losses or damages caused by the offering. 501 (e) That the sandbox participant is not immune from 502 criminal prosecution for violations of laws or regulations that 503 are not suspended or waived pursuant to the regulatory sandbox. 504 (f) That the offering is a temporary demonstration that 505 may be discounted at the end of the demonstration peri od. 506 (g) The expected end date of the demonstration period. 507 (h) That a consumer may file a complaint with the office 508 regarding the offering being demonstrated and the office's 509 telephone number and website address where a complaint may be 510 filed. 511 (2) The disclosures required by subsection (1) shall be 512 provided to a consumer in a clear and conspicuous format and, 513 for an Internet or application -based offering, a consumer shall 514 acknowledge receipt of the disclosure before any transaction may 515 be completed. 516 (3) The office may require that a sandbox participant make 517 additional disclosures to a consumer. 518 288.9979 Requirements for exiting regulatory sandbox. — 519 (1) At least 30 days before the end of the 12 -month 520 regulatory sandbox demonstration period, a sand box participant 521 shall: 522 (a) Notify the office that the sandbox participant shall 523 exit the regulatory sandbox and discontinue the sandbox 524 participant's demonstration after the day on which the 12 -month 525 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 22 of 26 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 demonstration period ends; or 526 (b) Seek an extension in accordance with s. 288.9981. 527 (2) Subject to subsection (3), if the office does not 528 receive notification as required by subsection (1), the 529 regulatory sandbox demonstration period ends at the end of the 530 12-month demonstration period. 531 (3) If a demonstration includes an offering that requires 532 ongoing duties, the sandbox participant may continue to perform 533 those duties but shall be subject to enforcement by the laws or 534 regulations that were waived or suspended pursuant to the 535 regulatory sandbox. 536 288.9981 Extensions.— 537 (1) No later than 30 days before the end of the 12 -month 538 regulatory sandbox demonstration period, a sandbox participant 539 may request an extension of the regulatory sandbox demonstration 540 period. 541 (2) The office shall grant or deny a request for an 542 extension by the end of the 12 -month regulatory sandbox 543 demonstration period. 544 (3) The office may grant an extension in accordance with 545 this section for not more than 12 months after the end of the 546 regulatory sandbox demonstration period. 547 288.9982 Recordkeeping and reporting requirements. — 548 (1) A sandbox participant shall retain records, documents, 549 and data produced in the ordinary course of business regarding 550 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 23 of 26 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 an offering demonstrated in the regulatory sandbox. 551 (2) If a sandbox particip ant ceases to provide an offering 552 before the end of a demonstration period, the sandbox 553 participant shall notify the office and each applicable agency 554 and report on actions taken by the sandbox participant to ensure 555 that consumers have not been harmed as a result of the offering. 556 (3) The office shall establish quarterly reporting 557 requirements for a sandbox participant, including reporting any 558 consumer complaints filed. 559 (4) The office may request records, documents, and data 560 from a sandbox participant an d, upon the office's request, the 561 sandbox participant shall make such records, documents, and data 562 available for inspection by the office. 563 (5)(a) The sandbox participant shall provide a written 564 report to the office and each applicable agency detailing an y 565 incidents that resulted in harm to the health, safety, or 566 financial well-being of a consumer. 567 (b) If a sandbox participant fails to notify the office 568 and each applicable agency of any incidents as described in 569 paragraph (a), or the office or an applica ble agency has 570 evidence that significant harm to a consumer has occurred, the 571 office may immediately remove the sandbox participant from the 572 regulatory sandbox. 573 (6)(a) No later than 30 days after the day on which a 574 sandbox participant exits the regulator y sandbox, the sandbox 575 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 24 of 26 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 participant shall submit a written report to the office and each 576 applicable agency describing an overview of the sandbox 577 participant's demonstration, including any: 578 1. Incidents of harm to consumers. 579 2. Legal action filed against the participant as a result 580 of the participant's demonstration. 581 3. Complaints filed with an applicable agency as a result 582 of the participant's demonstration. 583 (b) No later than 30 days after the day on which an 584 applicable agency receives the quarterly reporting described in 585 subsection (3) or a written report from a sandbox participant as 586 described in paragraph (5)(a), the applicable agency shall 587 provide a written report to the office on the demonstration that 588 describes any statutory or regulatory reform the applicable 589 agency recommends as a result of the demonstration. 590 (7) The office may remove a sandbox participant from the 591 regulatory sandbox at any time if the office determines that a 592 sandbox participant has engaged in, is engaging in, or is about 593 to engage in any practice or transaction that violates this part 594 or that constitutes a violation of a law or regulation for which 595 suspension or waiver has not been granted under the regulatory 596 sandbox. 597 288.9983 Regulatory relief web page. — 598 (1) The office shall create and maintain on the 599 department's website a web page that invites residents and 600 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 25 of 26 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 businesses to make suggestions regarding laws and regulations 601 that could be modified or eliminated to reduce the regulatory 602 burden of residents and businesses. 603 (2) On at least a quarterly basis, the office shall 604 compile the results of suggestions from the web page and provide 605 a written report to the Governor, the President of the Senate, 606 and the Speaker of the House of Representatives that describes 607 the most common suggestions. 608 (3) In creating the report described in subsection (2), 609 the office and the advisory committee: 610 (a) Shall ensure that nonpublic information of residents 611 and businesses that make suggestions on the web page is not made 612 public. 613 (b) May evaluate the suggestions and provide analysis and 614 suggestions regarding which laws and regulations could be 615 modified or eliminated to reduce the regulatory burden of 616 residents and businesses while still protecting consumers. 617 Section 2. Paragraph (a) of s ubsection (3) of section 618 20.60, Florida Statutes, is amended to read: 619 20.60 Department of Economic Opportunity; creation; powers 620 and duties.— 621 (3)(a) The following divisions and offices of the 622 Department of Economic Opportunity are established: 623 1. The Division of Strategic Business Development. 624 2. The Division of Community Development. 625 HB 1287 2023 CODING: Words stricken are deletions; words underlined are additions. hb1287-00 Page 26 of 26 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 3. The Division of Workforce Services. 626 4. The Division of Finance and Administration. 627 5. The Division of Information Technology. 628 6. The Office of the Secretary . 629 7. The Office of Economic Accountability and Transparency, 630 which shall: 631 a. Oversee the department's critical objectives as 632 determined by the secretary and make sure that the department's 633 key objectives are clearly communicated to the public. 634 b. Organize department resources, expertise, data, and 635 research to focus on and solve the complex economic challenges 636 facing the state. 637 c. Provide leadership for the department's priority issues 638 that require integration of policy, management, and critical 639 objectives from multiple programs and organizations internal and 640 external to the department; and organize and manage external 641 communication on such priority issues. 642 d. Promote and facilitate key department initiatives to 643 address priority economic issues a nd explore data and identify 644 opportunities for innovative approaches to address such economic 645 issues. 646 e. Promote strategic planning for the department. 647 8. The Office of Regulatory Relief. 648 Section 3. This act shall take effect July 1, 2023. 649