Florida Senate - 2023 SB 1390
By Senator Martin
33-00842A-23 20231390__
1 A bill to be entitled
2 An act relating to the universal regulatory sandbox;
3 creating part XVI of ch. 288, F.S.; providing purpose;
4 defining terms; creating the Office of Regulatory
5 Relief within the Department of Economic Opportunity;
6 specifying the duties and powers of the office;
7 creating the General Regulatory Sandbox Program
8 Advisory Committee; providing for membership of the
9 committee; creating the General Regulatory Sandbox
10 Program; providing requirements for applications;
11 providing timelines and criteria for reviewing
12 applications; requiring the office to consult with
13 specified entities before admitting an applicant into
14 the regulatory sandbox; providing for written
15 agreements with sandbox participants; exempting denial
16 of an application from certain review or specified
17 laws; providing grounds for denial of an application;
18 requiring public notice of approval of an applicant;
19 requiring the office to post certain information on
20 its website; exempting sandbox participants from
21 certain enforcement for a specified period; specifying
22 limits to such exemption; authorizing the office to
23 terminate participation in the regulatory sandbox;
24 providing certain immunity to the office and its
25 employees; providing for consumer protection;
26 providing requirements for exiting the regulatory
27 sandbox; providing for extension of agreements;
28 providing recordkeeping and reporting requirements;
29 requiring the office to maintain a specified web page;
30 amending s. 20.60, F.S.; conforming provisions to
31 changes made by the act; providing a contingent
32 effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Part XVI of chapter 288, Florida Statutes,
37 consisting of ss. 288.9971-288.9983, is created to read:
38 PART XVI
39 UNIVERSAL REGULATORY SANDBOX
40 288.9971 Purpose.—This part establishes a universal
41 regulatory sandbox, which allows businesses, under the
42 observation of regulators, to demonstrate innovative products,
43 services, and business models while temporarily receiving a
44 waiver or suspension of inapplicable laws or regulations.
45 288.9972 Definitions.—As used in this part, the term:
46 (1) “Advisory committee” means the General Regulatory
47 Sandbox Program Advisory Committee created in s. 288.9974.
48 (2) “Applicable agency” means a department or agency of the
49 state that regulates a business activity and persons engaged in
50 such business activity, including the issuance of licenses or
51 other types of authorization, which the office determines would
52 otherwise regulate a sandbox participant.
53 (3) “Applicant” means a person who applies to participate
54 in the regulatory sandbox.
55 (4) “Blockchain technology” means the use of a digital
56 database containing records of financial transactions, which can
57 be simultaneously used and shared within a decentralized,
58 publicly accessible network and can record transactions between
59 two parties in a verifiable and permanent way.
60 (5) “Consumer” means a person who purchases or otherwise
61 enters into a transaction or agreement to receive an offering
62 pursuant to a demonstration by a sandbox participant.
63 (6) “Demonstrate” or “demonstration” means to temporarily
64 provide an offering in accordance with the General Regulatory
65 Sandbox Program created in s. 288.9975.
66 (7) “Director” means the director of the Office of
67 Regulatory Relief.
68 (8) “Financial product or service” has the same meaning as
69 in s. 559.952(3).
70 (9) “Innovation” means the use or incorporation of a new or
71 existing idea, a new or emerging technology, or a new use of
72 existing technology, including blockchain technology, to address
73 a problem, provide a benefit, or otherwise offer a product,
74 production method, or service.
75 (10) “Insurance product or service” means an insurance
76 product or insurance service that requires state licensure,
77 registration, or other authorization under the Florida Insurance
78 Code, including an insurance product or insurance service that
79 includes a business model, delivery mechanism, or element that
80 requires a license, registration, or other authorization to
81 engage in an insurance business, act as an insurance producer or
82 consultant, or engage in insurance adjusting.
83 (11) “Offering” means a product, production method, or
84 service, including a financial product or service or an
85 insurance product or service, that includes an innovation. The
86 term does not include any service for which a license or
87 authorization to practice law in this state is required under
88 chapter 454.
89 (12) “Office” means the Office of Regulatory Relief created
90 in s. 288.9973.
91 (13) “Product” means a commercially distributed good that
92 is:
93 (a) Tangible personal property.
94 (b) The result of a production process.
95 (c) Passed through the distribution channel before
96 consumption.
97 (14) “Production” means the method or process of creating
98 or obtaining a good, which may include assembling, breeding,
99 capturing, collecting, extracting, fabricating, farming,
100 fishing, gathering, growing, harvesting, hunting, manufacturing,
101 mining, processing, raising, or trapping a good.
102 (15) “Regulatory sandbox” means the General Regulatory
103 Sandbox Program created in s. 288.9975, which allows a person to
104 temporarily demonstrate an offering under a waiver or suspension
105 of one or more state laws or regulations.
106 (16) “Sandbox participant” means a person whose application
107 to participate in the regulatory sandbox is approved in
108 accordance with this part.
109 (17) “Secretary” means the Secretary of Economic
110 Opportunity.
111 (18) “Service” means any commercial activity, duty, or
112 labor performed for another person.
113 288.9973 Office of Regulatory Relief.—
114 (1) There is created within the Department of Economic
115 Opportunity the Office of Regulatory Relief.
116 (2)(a) The office shall be administered by a director.
117 (b) The director shall report to the secretary and may
118 appoint staff, subject to the approval of the secretary.
119 (3) The office shall:
120 (a) Administer this part.
121 (b) Administer the regulatory sandbox.
122 (c) Act as a liaison between private businesses and
123 applicable agencies to identify laws or regulations that could
124 be waived or suspended under the regulatory sandbox.
125 (4) The office may:
126 (a) Review laws and regulations that may unnecessarily
127 inhibit the creation and success of new companies or industries
128 and provide recommendations to the Governor and the Legislature
129 on modifying or eliminating such laws and regulations.
130 (b) Create a framework for analyzing the risk level to the
131 health, safety, and financial well-being of consumers related to
132 permanently modifying or eliminating or temporarily waiving or
133 suspending laws and regulations inhibiting the creation or
134 success of new and existing companies or industries.
135 (c) Propose potential reciprocity agreements between states
136 that use or are proposing to use similar regulatory sandboxes as
137 created in this part or the Financial Technology Sandbox created
138 in s. 559.952.
139 (d) In accordance with chapter 120 and this part, adopt
140 rules regarding:
141 1. Administering the regulatory sandbox, including adopting
142 rules regarding the application process and the reporting
143 requirements of sandbox participants.
144 2. Cooperating and consulting with other applicable
145 agencies that administer regulatory sandboxes.
146 288.9974 General Regulatory Sandbox Program Advisory
147 Committee.—
148 (1) There is created the General Regulatory Sandbox Program
149 Advisory Committee.
150 (2) The advisory committee shall consist of 11 members as
151 follows:
152 (a) Six members who represent business interests from a
153 variety of industries, appointed by the director.
154 (b) Three members who represent applicable agencies
155 regulating businesses, appointed by the director.
156 (c) One member of the Senate, appointed by the President of
157 the Senate.
158 (d) One member of the House of Representatives, appointed
159 by the Speaker of the House of Representatives.
160 (3)(a) Subject to paragraph (b), members of the advisory
161 committee who are not legislators shall be appointed to 4-year
162 terms.
163 (b) Notwithstanding the requirements of paragraph (a), the
164 director may adjust the length of terms of appointments and
165 reappointments to the advisory committee so that approximately
166 half of the advisory committee is appointed every 2 years.
167 (4) The director shall select a chair of the advisory
168 committee on an annual basis.
169 (5) A majority of the members of the advisory committee
170 constitutes a quorum for the purpose of conducting advisory
171 committee business, and the affirmative vote of a majority of
172 the members constitutes the official action of the advisory
173 committee.
174 (6) The advisory committee shall advise and make
175 recommendations to the office.
176 (7) The office shall provide administrative staff support
177 for the advisory committee.
178 (8) A member may not receive compensation or benefits for
179 the member’s service, but a member appointed under paragraph
180 (2)(a) may receive per diem and travel expenses in accordance
181 with s. 112.061.
182 288.9975 General Regulatory Sandbox Program; application
183 requirements.—
184 (1) There is created in the office the General Regulatory
185 Sandbox Program.
186 (2) In administering the regulatory sandbox, the office:
187 (a) Shall consult with each applicable agency.
188 (b) Shall enable a person to obtain legal protections and
189 limited access to the market to demonstrate an offering without
190 obtaining a license or other authorization that might otherwise
191 be required.
192 (c) May enter into agreements with or adopt the best
193 practices of corresponding federal regulatory agencies or
194 agencies in other states that are administering similar
195 programs.
196 (d) May consult with businesses about existing or potential
197 proposals for the regulatory sandbox.
198 (3)(a) An applicant may contact the office to request a
199 consultation regarding the regulatory sandbox before submitting
200 an application.
201 (b) The office may provide assistance to an applicant in
202 preparing an application for submission.
203 (4) An applicant shall submit an application to the office,
204 in a form prescribed by the office, that:
205 (a) Confirms the applicant is subject to the jurisdiction
206 of the state.
207 (b) Confirms the applicant has established a physical or
208 virtual location in the state, from which the demonstration of
209 an offering shall be developed and performed and where all
210 required records, documents, and data shall be maintained.
211 (c) Contains relevant personal and contact information for
212 the applicant, including the applicant’s full legal name,
213 address, telephone number, e-mail address, website address, and
214 any other information required by the office.
215 (d) Discloses any criminal convictions of the applicant or
216 of any person who seeks to participate with the applicant in the
217 demonstration of an offering.
218 (e) Contains a description of the offering to be
219 demonstrated, including statements regarding:
220 1. How the offering is subject to licensing, legal
221 prohibition, or other authorization requirements outside of the
222 regulatory sandbox.
223 2. Each law or regulation that the applicant seeks to have
224 waived or suspended while participating in the regulatory
225 sandbox.
226 3. How the offering would benefit consumers.
227 4. How the offering is different from other available
228 offerings.
229 5. What risks might exist for consumers who use or purchase
230 the offering.
231 6. How participating in the regulatory sandbox would enable
232 a successful demonstration of the offering.
233 7. A description of the proposed demonstration plan,
234 including estimated time periods for beginning and ending the
235 demonstration.
236 8. Recognition that the applicant shall be subject to all
237 laws and regulations pertaining to the applicant’s offering
238 after conclusion of the demonstration.
239 9. How the applicant plans to end the demonstration and
240 protect consumers if the demonstration fails.
241 (f) Lists each applicable agency that the applicant knows
242 regulates the applicant’s business.
243 (g) Provides any other required information as determined
244 by the office.
245 (5) An applicant shall file a separate application for each
246 offering that the applicant wishes to demonstrate.
247 (6) After an application is filed, the office shall:
248 (a) Classify, as a protected record, any part of the
249 application that the office determines is nonpublic,
250 confidential information that if disclosed would result in
251 actual economic harm to the applicant in accordance with s.
252 288.9984.
253 (b) Consult with each applicable agency that regulates the
254 applicant’s business regarding whether more information is
255 needed from the applicant.
256 (c) Seek any additional information from the applicant that
257 the office determines is necessary.
258 (7) No later than 5 business days after the day on which a
259 complete application is received by the office, the office
260 shall:
261 (a) Review the application and refer the application to
262 each applicable agency that regulates the applicant’s business.
263 (b) Provide to the applicant:
264 1. An acknowledgment of receipt of the application.
265 2. The identity and contact information of each applicable
266 agency to which the application has been referred for review.
267 (c) Provide public notice, on the office’s website and
268 through other appropriate means, of each law or regulation that
269 the office is considering suspending or waiving pursuant to the
270 application.
271 (8)(a) Subject to paragraphs (c) and (g), no later than 30
272 days after the day on which an applicable agency receives a
273 complete application for review, the applicable agency shall
274 provide a written report to the director that includes the
275 applicable agency’s findings.
276 (b) The written report shall:
277 1. Describe any identifiable, likely, and significant harm
278 to the health, safety, or financial well-being of consumers
279 against which the relevant law or regulation protects.
280 2. Make a recommendation to the office that the applicant
281 be admitted or denied entrance into the regulatory sandbox.
282 (c)1. The applicable agency may request an additional 5
283 business days to deliver the written report by providing notice
284 to the director, which request shall automatically be granted.
285 2. The applicable agency may only request one extension per
286 application.
287 (d) If the applicable agency recommends an applicant be
288 denied entrance into the regulatory sandbox, the written report
289 shall include a description of the reasons for the
290 recommendation, including why a temporary waiver or suspension
291 of the relevant laws or regulations would potentially
292 significantly harm the health, safety, or financial well-being
293 of consumers and the likelihood of such harm occurring.
294 (e) If the applicable agency determines that the consumer’s
295 health, safety, or financial well-being can be protected through
296 less restrictive means than the existing laws or regulations,
297 the applicable agency shall provide a recommendation of how that
298 can be achieved.
299 (f) If an applicable agency fails to deliver a written
300 report as required in this subsection, the director shall assume
301 that the applicable agency does not object to the temporary
302 waiver or suspension of the relevant laws or regulations for an
303 applicant seeking to participate in the regulatory sandbox.
304 (g) Notwithstanding any other provision of this section, an
305 applicable agency may by written notice to the office:
306 1. Within the 30 days after the day on which the applicable
307 agency receives a complete application for review, or within 35
308 days if an extension has been requested by the applicable
309 agency, reject an application if the applicable agency
310 determines, in the applicable agency’s sole discretion, that the
311 applicant’s offering fails to comply with standards or
312 specifications:
313 a. Required by federal law or regulation; or
314 b. Previously approved for use by a federal agency; or
315 2. Reject an application preliminarily approved by the
316 office if the applicable agency:
317 a. Recommended rejection of the application in accordance
318 with paragraph (d) in the applicable agency’s written report.
319 b. Provides in the written notice under this paragraph a
320 description of the applicable agency’s reasons why approval of
321 the application would create a substantial risk of harm to the
322 health or safety of consumers or would create unreasonable
323 expenses for taxpayers.
324 (h) If an applicable agency rejects an application under
325 paragraph (g), the office must deny the application.
326 (9)(a) Upon receiving a written report described in
327 subsection (8), the director shall provide the application and
328 the written report to the advisory committee.
329 (b) The director may call the advisory committee to meet as
330 needed, but not less than once per quarter if applications are
331 available for review.
332 (c) After receiving and reviewing the application and each
333 written report, the advisory committee shall provide to the
334 director a recommendation as to whether the applicant should be
335 admitted as a sandbox participant under this part.
336 (d) As part of the advisory committee’s review of each
337 written report, the advisory committee shall use the criteria
338 required for an applicable agency as described in subsection
339 (8).
340 (10)(a) In reviewing an application and each applicable
341 agency’s written report, the office shall consult with each
342 applicable agency and the advisory committee before admitting an
343 applicant into the regulatory sandbox.
344 (b) The consultation with each applicable agency and the
345 consultation with the advisory committee may include seeking
346 information about whether:
347 1. The applicable agency has previously issued a license or
348 other authorization to the applicant.
349 2. The applicable agency has previously investigated,
350 sanctioned, or pursued legal action against the applicant.
351 (11) In reviewing an application under this section, the
352 office and the applicable agency shall consider whether a
353 competitor to the applicant is or has been a sandbox participant
354 and, if so, weigh that as a factor in favor of allowing the
355 applicant to also become a sandbox participant.
356 (12) In reviewing an application under this section, the
357 office shall consider whether:
358 (a) The applicant’s plan will adequately protect consumers
359 from potential harm identified by an applicable agency in the
360 applicable agency’s written report.
361 (b) The risk of harm to consumers is outweighed by the
362 potential benefits to consumers from the applicant’s
363 participation in the regulatory sandbox.
364 (c) Laws or regulations that regulate an offering should
365 not be waived or suspended even if the applicant is approved as
366 a sandbox participant, including applicable antifraud or
367 disclosure laws or regulations.
368 (13)(a) An applicant becomes a sandbox participant if the
369 office approves the application and enters into a written
370 agreement with the applicant describing the specific laws and
371 regulations that are waived or suspended as part of the
372 applicant’s participation in the regulatory sandbox.
373 (b) Notwithstanding any other provision of this part, the
374 office may not enter into a written agreement with an applicant
375 that waives or suspends a tax, fee, or charge that is
376 administered by the Department of Revenue.
377 (14)(a) The director may deny, at the director’s sole
378 discretion, any application submitted under this section for any
379 reason, including if the director determines that the
380 preponderance of evidence demonstrates that suspending or
381 waiving enforcement of a law or regulation would cause a
382 significant risk of harm to consumers.
383 (b) If the director denies an application submitted under
384 this section, the office shall provide to the applicant a
385 written description of the reasons for such denial.
386 (c) The denial of an application submitted under this
387 section is not subject to:
388 1. Agency or judicial review; or
389 2. Chapter 120.
390 (15) The director shall deny an application for
391 participation in the regulatory sandbox if:
392 (a) The director determines that the applicant should
393 instead apply for the Financial Technology Sandbox created in s.
394 559.952; or
395 (b) The applicant or any person who seeks to participate
396 with the applicant in the demonstration of an offering has been
397 convicted of, or entered a plea of guilty or nolo contendere to,
398 any crime involving significant theft, fraud, or dishonesty if
399 the crime bears a significant relationship to the applicant’s or
400 other participant’s ability to safely and competently
401 participate in the regulatory sandbox.
402 (16)(a) When an applicant is approved for participation in
403 the regulatory sandbox, the director shall provide public notice
404 of the approval on the office’s website and through other
405 appropriate means.
406 (b) The public notice described in paragraph (a) shall
407 state:
408 1. The full legal name of the sandbox participant.
409 2. The industries represented by the sandbox participant.
410 3. Each law or regulation that is suspended or waived for
411 the sandbox participant pursuant to the regulatory sandbox
412 approval.
413 (17) In addition to the information described in subsection
414 (16), the office shall post the following information on the
415 office’s website and also make the information available through
416 other appropriate means:
417 (a) Documentation regarding the office’s determination and
418 grounds for approving each sandbox participant.
419 (b) Public notice regarding any sandbox participant’s
420 termination of participation in the regulatory sandbox.
421 288.9976 Scope of the regulatory sandbox.—
422 (1) If the office approves an application under this part,
423 the sandbox participant has 12 months after the day on which the
424 application was approved to demonstrate the offering described
425 in the sandbox participant’s application.
426 (2) An offering that is demonstrated in the regulatory
427 sandbox is subject to the following:
428 (a) Each consumer shall be a resident of the state.
429 (b) A law or regulation may not be waived or suspended if
430 waiving or suspending the law or regulation would prevent a
431 consumer from seeking restitution in the event that the consumer
432 is harmed.
433 (3) This part does not restrict a sandbox participant who
434 holds a license or other authorization in another jurisdiction
435 from acting in accordance with that license or other
436 authorization.
437 (4) A sandbox participant is deemed to possess an
438 appropriate license or other authorization under the laws of the
439 state for the purposes of any provision of federal law requiring
440 licensure or other authorization by the state.
441 (5) Subject to subsection (6):
442 (a) During the demonstration period, a sandbox participant
443 is not subject to the enforcement of laws or regulations
444 identified in the written agreement between the office and the
445 sandbox participant, as described in s. 288.9975(13).
446 (b) A prosecutor may not file or pursue charges pertaining
447 to a violation of law or regulation identified in the written
448 agreement between the office and the sandbox participant, as
449 described in s. 288.9975(13), that occurs during the
450 demonstration period.
451 (c) An applicable agency may not file or pursue any
452 punitive action against a sandbox participant, including the
453 imposition of a fine or the suspension or revocation of a
454 license, for a violation of law or regulation that:
455 1. Is identified as being waived or suspended in the
456 written agreement between the office and the sandbox
457 participant, as described in s. 288.9975(13).
458 2. Occurs during the demonstration period.
459 (6) Notwithstanding any other provision of this part:
460 (a) A sandbox participant does not have immunity related to
461 any criminal offense committed during the sandbox participant’s
462 participation in the regulatory sandbox.
463 (b) A sandbox participant who provides an offering that is
464 a financial product or service shall comply with all applicable
465 federal laws and regulations governing consumer protection.
466 (7) By written notice, the office may terminate a sandbox
467 participant’s participation in the regulatory sandbox at any
468 time and for any reason, including if the director determines
469 that a sandbox participant is not operating in good faith to
470 bring an offering to consumers.
471 (8) The office and the office’s employees are not liable
472 for any business losses or the recouping of application expenses
473 or other expenses related to the regulatory sandbox, including
474 expenses for:
475 (a) Denying an applicant’s application to participate in
476 the regulatory sandbox for any reason; or
477 (b) Terminating a sandbox participant’s participation in
478 the regulatory sandbox at any time and for any reason.
479 288.9977 Annual report.—By October 1 of each year, the
480 secretary shall provide a written report to the President of the
481 Senate and the Speaker of the House of Representatives that
482 includes:
483 (1) Information regarding each sandbox participant,
484 including which industries each participant represents and each
485 participant’s anticipated or actual cost savings.
486 (2) Recommendations regarding any laws or regulations that
487 should be permanently modified or eliminated.
488 (3) Information regarding consumer outcomes.
489 (4) Recommendations for changes to the regulatory sandbox
490 or other office duties.
491 288.9978 Consumer protection for regulatory sandbox.—
492 (1) Before demonstrating an offering to a consumer, a
493 sandbox participant shall disclose the following to the
494 consumer:
495 (a) The full legal name and contact information of the
496 sandbox participant.
497 (b) That the offering is authorized under the regulatory
498 sandbox and, if applicable, that the sandbox participant does
499 not hold a license or other authorization to provide an offering
500 under laws or regulations that regulate offerings outside of the
501 regulatory sandbox.
502 (c) That the offering is undergoing testing and may not
503 function as intended and may expose the consumer to certain
504 risks as identified by the applicable agency’s written report.
505 (d) That the sandbox participant is not immune from civil
506 liability for any losses or damages caused by the offering.
507 (e) That the sandbox participant is not immune from
508 criminal prosecution for violations of laws or regulations that
509 are not suspended or waived pursuant to regulatory sandbox
510 participation.
511 (f) That the offering is a temporary demonstration that may
512 be discounted at the end of the demonstration period.
513 (g) The expected end date of the demonstration period.
514 (h) That a consumer may file a complaint with the office
515 regarding the offering being demonstrated and the office’s
516 telephone number and website address where a complaint may be
517 filed.
518 (2) The disclosures required by subsection (1) shall be
519 provided to a consumer in a clear and conspicuous format and,
520 for an Internet or application-based offering, a consumer shall
521 acknowledge receipt of the disclosure before any transaction may
522 be completed.
523 (3) The office may require that a sandbox participant make
524 additional disclosures to a consumer.
525 288.9979 Requirements for exiting regulatory sandbox.—
526 (1) At least 30 days before the end of the 12-month
527 regulatory sandbox demonstration period, a sandbox participant
528 shall:
529 (a) Notify the office that the sandbox participant shall
530 exit the regulatory sandbox and discontinue the sandbox
531 participant’s demonstration after the day on which the 12-month
532 demonstration period ends; or
533 (b) Seek an extension in accordance with s. 288.9981.
534 (2) Subject to subsection (3), if the office does not
535 receive notification as required by subsection (1), the
536 regulatory sandbox demonstration period ends at the end of the
537 12-month demonstration period.
538 (3) If a demonstration includes an offering that requires
539 ongoing duties, the sandbox participant may continue to perform
540 those duties but shall be subject to enforcement by the laws or
541 regulations that were waived or suspended pursuant to the
542 regulatory sandbox.
543 288.9981 Extensions.—
544 (1) No later than 30 days before the end of the 12-month
545 regulatory sandbox demonstration period, a sandbox participant
546 may request an extension of the regulatory sandbox demonstration
547 period.
548 (2) The office shall grant or deny a request for an
549 extension by the end of the 12-month regulatory sandbox
550 demonstration period.
551 (3) The office may grant an extension in accordance with
552 this section for not more than 12 months after the end of the
553 regulatory sandbox demonstration period.
554 288.9982 Recordkeeping and reporting requirements.—
555 (1) A sandbox participant shall retain records, documents,
556 and data produced in the ordinary course of business regarding
557 an offering demonstrated in the regulatory sandbox.
558 (2) If a sandbox participant ceases to provide an offering
559 before the end of a demonstration period, the sandbox
560 participant shall notify the office and each applicable agency
561 and report on actions taken by the sandbox participant to ensure
562 that consumers have not been harmed as a result of the offering.
563 (3) The office shall establish quarterly reporting
564 requirements for a sandbox participant, including reporting any
565 consumer complaints filed.
566 (4) The office may request records, documents, and data
567 from a sandbox participant and, upon the office’s request, the
568 sandbox participant shall make such records, documents, and data
569 available for inspection by the office.
570 (5)(a) The sandbox participant shall provide a written
571 report to the office and each applicable agency detailing any
572 incidents that resulted in harm to the health, safety, or
573 financial well-being of a consumer.
574 (b) If a sandbox participant fails to notify the office and
575 each applicable agency of any incidents as described in
576 paragraph (a), or the office or an applicable agency has
577 evidence that significant harm to a consumer has occurred, the
578 office may immediately remove the sandbox participant from the
579 regulatory sandbox.
580 (6)(a) No later than 30 days after the day on which a
581 sandbox participant exits the regulatory sandbox, the sandbox
582 participant shall submit a written report to the office and each
583 applicable agency describing an overview of the sandbox
584 participant’s demonstration, including any:
585 1. Incidents of harm to consumers.
586 2. Legal action filed against the participant as a result
587 of the participant’s demonstration.
588 3. Complaints filed with an applicable agency as a result
589 of the participant’s demonstration.
590 (b) No later than 30 days after the day on which an
591 applicable agency receives the quarterly reporting described in
592 subsection (3) or a written report from a sandbox participant as
593 described in paragraph (5)(a), the applicable agency shall
594 provide a written report to the office on the demonstration that
595 describes any statutory or regulatory reform the applicable
596 agency recommends as a result of the demonstration.
597 (7) The office may remove a sandbox participant from the
598 regulatory sandbox at any time if the office determines that a
599 sandbox participant has engaged in, is engaging in, or is about
600 to engage in any practice or transaction that violates this part
601 or that constitutes a violation of a law or regulation for which
602 suspension or waiver has not been granted under the regulatory
603 sandbox.
604 288.9983 Regulatory relief web page.—
605 (1) The office shall create and maintain on the
606 department’s website a web page that invites residents and
607 businesses to make suggestions regarding laws and regulations
608 that could be modified or eliminated to reduce the regulatory
609 burden on residents and businesses.
610 (2) On at least a quarterly basis, the office shall compile
611 the results of suggestions from the web page and provide a
612 written report to the Governor, the President of the Senate, and
613 the Speaker of the House of Representatives that describes the
614 most common suggestions.
615 (3) In creating the report described in subsection (2), the
616 office and the advisory committee:
617 (a) Shall ensure that nonpublic information of residents
618 and businesses that make suggestions on the web page is not made
619 public.
620 (b) May evaluate the suggestions and provide analysis and
621 suggestions regarding which laws and regulations could be
622 modified or eliminated to reduce the regulatory burden on
623 residents and businesses while still protecting consumers.
624 Section 2. Paragraph (a) of subsection (3) of section
625 20.60, Florida Statutes, is amended to read:
626 20.60 Department of Economic Opportunity; creation; powers
627 and duties.—
628 (3)(a) The following divisions and offices of the
629 Department of Economic Opportunity are established:
630 1. The Division of Strategic Business Development.
631 2. The Division of Community Development.
632 3. The Division of Workforce Services.
633 4. The Division of Finance and Administration.
634 5. The Division of Information Technology.
635 6. The Office of the Secretary.
636 7. The Office of Economic Accountability and Transparency,
637 which shall:
638 a. Oversee the department’s critical objectives as
639 determined by the secretary and make sure that the department’s
640 key objectives are clearly communicated to the public.
641 b. Organize department resources, expertise, data, and
642 research to focus on and solve the complex economic challenges
643 facing the state.
644 c. Provide leadership for the department’s priority issues
645 that require integration of policy, management, and critical
646 objectives from multiple programs and organizations internal and
647 external to the department; and organize and manage external
648 communication on such priority issues.
649 d. Promote and facilitate key department initiatives to
650 address priority economic issues and explore data and identify
651 opportunities for innovative approaches to address such economic
652 issues.
653 e. Promote strategic planning for the department.
654 8. The Office of Regulatory Relief.
655 Section 3. This act shall take effect July 1, 2023, only if
656 SB ___ or similar legislation is adopted in the same legislative
657 session or an extension of thereof and becomes a law.