THE BILL ITSELF
HB 1341
Department of Business and Professional Regulation
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A bill to be entitled
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An act relating to the Department of Business and
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Professional Regulation; amending s. 20.165, F.S.;
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expanding the jurisdiction of law over which employees
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serving as law enforcement officers for the Division
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of Alcoholic Beverages and Tobacco may investigate,
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enforce, and prosecute; amending s. 448.095, F.S.;
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providing the Department of Business and Professional
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Regulation enforcement authority over employment
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eligibility verification; requiring the department,
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under certain circumstances, to notify certain other
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departments of certain violations within a specified
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timeframe; amending s. 468.412, F.S.; revising
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prohibitions relating to minors for a talent agency;
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providing criminal penalties; amending ss. 476.114,
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477.019, and 477.0201, F.S.; requiring the Barbers'
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Board and the Board of Cosmetology, respectively, to
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establish by rule minimum standards for electronically
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reporting a student's course completion records to the
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department and the penalties for failing to adhere to
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such minimum standards; requiring the department to
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report all penalties imposed to the Department of
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Education; amending s. 509.261, F.S.; authorizing the
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department to take certain actions against certain
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establishments for violating laws relating to the
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distribution and retail sale of hemp extract; amending
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s. 559.79, F.S.; authorizing the department to
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validate the identity and work authorization of an
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applicant before issuing a license or renewing a
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license; specifying personal identification
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information the department may request from an
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applicant; authorizing the department to submit such
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personal identification information to and enter into
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memoranda of understanding with appropriate federal
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agencies for a certain purpose; requiring the
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department to suspend the license of a person not
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authorized to work in the United States; requiring the
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department to reinstate a license without charge upon
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verification of a licensee's work authorization;
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providing immunity; authorizing the department to
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adopt rules; amending ss. 569.006 and 569.35, F.S.;
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authorizing the division to suspend or revoke the
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permit of a dealer if the division finds sufficient
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evidence of a violation of the laws of this state or
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any other state or territory of the United States;
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providing a short title; creating s. 569.24, F.S.;
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prohibiting licensed or permitted dealers from
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possessing, selling, intending to sell, delivering, or
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giving nitrous oxide on or from the dealer's licensed
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premises; providing a criminal penalty; providing
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applicability; requiring the department to adopt rules
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relating to the sale and purchase of nitrous oxide;
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providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (b) of subsection (9) of section
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20.165, Florida Statutes, is amended to read:
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20.165 Department of Business and Professional
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Regulation.—There is created a Department of Business and
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Professional Regulation.
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(9)
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(b) Each employee serving as a law enforcement officer for
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the division must meet the qualifications for employment or
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appointment as a law enforcement officer set forth under s.
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943.13 and must be certified as a law enforcement officer by the
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Department of Law Enforcement under chapter 943. Upon
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certification, each law enforcement officer is subject to and
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has the same authority as provided for law enforcement officers
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generally in chapter 901 and has statewide jurisdiction. Each
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officer also has arrest authority as provided for state law
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enforcement officers in s. 901.15. Each officer possesses the
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full law enforcement powers granted to other peace officers of
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this state, including the authority to make arrests, carry
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firearms, serve court process, and seize contraband and the
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proceeds of illegal activities.
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1. The primary responsibility of each officer appointed
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under this section is to investigate, enforce, and prosecute,
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throughout the state, violations and violators of parts I and II
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of chapter 210; chapter 310; chapter 326; parts I and III of
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chapter 450; chapter 455; parts VI, VII, VIII, IX, XI, XII, XV,
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and XVI of chapter 468; chapter 469; chapter 471; chapters 473-
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477; chapter 481; parts I and II of chapter 489; chapter 499;
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chapter 509; chapter 548; chapter 553;, part VII of chapter
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559;, and chapters 561-569; chapters 718 and 719; chapter 721;
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and chapter 723, and the rules adopted thereunder, as well as
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other state laws that the division, all state law enforcement
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officers, or beverage enforcement agents are specifically
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authorized to enforce.
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2. The secondary responsibility of each officer appointed
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under this section is to enforce all other state laws, provided
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that the enforcement is incidental to exercising the officer's
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primary responsibility as provided in subparagraph 1., and the
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officer exercises the powers of a deputy sheriff, only after
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consultation or coordination with the appropriate local
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sheriff's office or municipal police department or when the
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division participates in the Florida Mutual Aid Plan during a
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declared state emergency.
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Section 2. Subsection (3) of section 448.095, Florida
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Statutes, is amended, and subsection (2) of that section is
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republished, to read:
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448.095 Employment eligibility.—
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(2) EMPLOYMENT VERIFICATION.—
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(a) An employer shall verify each new employee's
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employment eligibility within 3 business days after the first
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day that the new employee begins working for pay as required
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under 8 C.F.R. s. 274a.
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(b)1. A public agency shall use the E-Verify system to
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verify a new employee's employment eligibility as required under
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paragraph (a).
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2. Beginning on July 1, 2023, a private employer with 25
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or more employees shall use the E-Verify system to verify a new
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employee's employment eligibility as required under paragraph
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(a).
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3. Each employer required to use the E-Verify system under
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this paragraph must certify on its first return each calendar
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year to the tax service provider that it is in compliance with
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this section when making contributions to or reimbursing the
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state's unemployment compensation or reemployment assistance
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system. An employer that voluntarily uses the E-Verify system
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may also make such a certification on its first return each
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calendar year in order to document such use.
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(c) If the E-Verify system is unavailable for 3 business
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days after the first day that the new employee begins working
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for pay and an employer cannot access the system to verify a new
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employee's employment eligibility, the employer must use the
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Employment Eligibility Verification form (Form I-9) to verify
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employment eligibility. The unavailability of the E-Verify
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system does not bar the employer from using the rebuttable
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presumption established in paragraph (4)(a). An employer must
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document the unavailability of the E-Verify system by retaining
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a screenshot from each day which shows the employer's lack of
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access to the system, a public announcement that the E-Verify
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system is not available, or any other communication or notice
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recorded by the employer regarding the unavailability of the
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system.
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(d) The employer must retain a copy of the documentation
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provided and any official verification generated, if applicable,
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for at least 3 years.
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(e) An employer may not continue to employ an unauthorized
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alien after obtaining knowledge that a person is or has become
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an unauthorized alien.
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(f) An employee leasing company licensed under part XI of
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chapter 468 which enters into a written agreement or
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understanding with a client company which places the primary
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obligation for compliance with this section upon the client
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company is not required to verify employment eligibility of any
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new employees of the client company. In the absence of a written
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agreement or understanding, the employee leasing company is
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responsible for compliance with this section. Such employee
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leasing company shall, at all times, remain an employer as
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otherwise defined in federal laws or regulations.
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(3) ENFORCEMENT.—
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(a) For the purpose of enforcement of this section, any of
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the following persons or entities may request, and an employer
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must provide, copies of any documentation relied upon by the
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employer for the verification of a new employee's employment
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eligibility:
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1. The Department of Law Enforcement;
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2. The Attorney General;
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3. The state attorney in the circuit in which the new
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employee works;
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4. The statewide prosecutor; or
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5. The Department of Commerce; or
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6. The Department of Business and Professional Regulation.
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(b) A person or an entity that makes a request under
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paragraph (a) must rely upon the Federal Government to verify an
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employee's employment eligibility and may not independently make
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a final determination as to whether an employee is an
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unauthorized alien.
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(c) If the Department of Business and Professional
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Regulation believes that an employer has violated subsection (2)
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or s. 448.09, it must notify the Department of Commerce and the
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Florida Department of Law Enforcement within 30 days after
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making such determination.
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Section 3. Effective October 1, 2026, subsection (7) of
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section 468.412, Florida Statutes, is amended to read:
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468.412 Talent agency regulations; prohibited acts.—
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(7)(a) A No talent agency may not send or cause to be sent
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any person as an employee to any house of ill fame, to any house
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or place of amusement for immoral purposes, to any place
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resorted to for the purposes of prostitution, to any place for
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the modeling or photographing of a minor in the nude in the
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absence of written permission from the minor's parents or legal
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guardians, the character of which places the talent agency could
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have ascertained upon reasonable inquiry. Any person who
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violates this paragraph commits a misdemeanor of the first
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degree.
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(b) A talent agency may not send or cause to be sent any
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minor to any house of ill fame, to any house or place of
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amusement for immoral purpose, to any place resorted to for the
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purpose of prostitution, the character of which places the
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talent agency could have ascertained upon reasonable inquiry. A
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talent agency may not send a minor to any place for the modeling
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or photographing in the nude in the absence of written
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permission from the minor's parents or legal guardians. Any
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person who violates this paragraph commits a felony of the third
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degree punishable as provided in s. 775.082 or s. 775.083.
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Section 4. Subsection (3) of section 476.114, Florida
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Statutes, is renumbered as subsection (4), and a new subsection
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(3) is added to that section, to read:
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476.114 Examination; prerequisites.—
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(3) The board shall establish by rule minimum standards
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for electronically reporting a student's course completion
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records to the department and the penalties if a school or
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program fails to adhere to the minimum standards adopted.
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Penalties must include, but are not limited to, suspending the
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school's or program's ability to report a student's course
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completion records to the department. The department must report
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all penalties imposed for failing to adhere to the minimum
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standards for electronic reporting to the Department of
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Education for further investigation and prosecution.
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Section 5. Subsection (8) is added to section 477.019,
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Florida Statutes, to read:
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477.019 Cosmetologists; qualifications; licensure;
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supervised practice; license renewal; endorsement; continuing
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education.—
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(8) The board shall establish by rule minimum standards
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for electronically reporting a student's course completion
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records to the department and the penalties if a school or
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program fails to adhere to the minimum standards adopted.
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Penalties must include, but are not limited to, suspending the
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school's or program's ability to report a student's course
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completion records to the department. The department must report
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all penalties imposed for failing to adhere to the minimum
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standards for electronic reporting to the Department of
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Education for further investigation and prosecution.
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Section 6. Subsections (5) and (6) of section 477.0201,
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Florida Statutes, are renumbered as subsections (6) and (7), respectively, and a new subsection (5) is added to that section,
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to read:
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477.0201 Specialty registration; qualifications;
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registration renewal; endorsement.—
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(5) The board shall establish by rule minimum standards
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for electronically reporting a student's course completion
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records to the department and the penalties if a school or
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program fails to adhere to the minimum standards adopted.
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Penalties must include, but are not limited to, suspending the
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school's or program's ability to report a student's course
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completion records to the department. The department must report
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all penalties imposed for failing to adhere to the minimum
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standards for electronic reporting to the Department of
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Education for further investigation and prosecution.
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Section 7. Subsection (1) of section 509.261, Florida
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Statutes, is amended to read:
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509.261 Revocation or suspension of licenses; fines;
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procedure.—
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(1) Any public lodging establishment or public food
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service establishment that has operated or is operating in
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violation of this chapter or the rules of the division,
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operating in violation of s. 581.217(7), operating without a
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license, or operating with a suspended or revoked license may be
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subject by the division to:
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(a) Fines not to exceed $1,000 per offense;
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(b) Mandatory completion, at personal expense, of a
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remedial educational program administered by a food safety
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training program provider approved by the division, as provided
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in s. 509.049; and
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(c) The suspension, revocation, or refusal of a license
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issued pursuant to this chapter.
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Section 8. Subsection (3) of section 559.79, Florida
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Statutes, is renumbered as subsection (4), and a new subsection
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(3) is added to that section, to read:
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559.79 Applications for license or renewal.—
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(3)(a) For each application for a license or renewal of a
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license, the Department of Business and Professional Regulation
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may validate the applicant's identity and work authorization
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status. As part of the validation process, the department is
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authorized to request personal identification information from
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the applicant, including, but not limited to, a social security
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number; a passport, including visa information; a birth
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certificate; immigration status; an alien registration number; a
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Student and Exchange Visitor Information System identification
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number; a naturalization or citizenship certificate number;
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arrival and departure records; a permanent resident card;
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employment authorization documents; a certificate of
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citizenship; a naturalization certificate; refugee travel
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documents; or other state issued identification. The department
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may submit an applicant's personal identification information to
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the appropriate federal agencies for the purpose of validating
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the applicant's identity or work authorization status. The
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department may enter into memoranda of understanding with the
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appropriate federal agencies to validate an applicant's identity
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or work authorization status.
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(b) The department must immediately suspend the license of
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any licensee found not to have a work authorization status that
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entitles the licensee to work in the United States. The
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department shall reinstate the license, without an additional
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charge to the licensee, upon verification from the appropriate
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federal agencies that the licensee is authorized to work in the
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United States.
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(c) The department may not be held liable for any
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licensure delay, denial, or suspension resulting from the
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discharge of its duties under this subsection.
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(d) The department may adopt rules to implement this
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subsection.
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Section 9. Section 569.006, Florida Statutes, is amended
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to read:
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569.006 Retail tobacco products dealers; administrative
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penalties.—The division may suspend or revoke the permit of the
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dealer if the division determines or finds that upon sufficient
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cause exists of a appearing of the violation of any of the
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provisions of this chapter or a violation of the laws of this
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state or any state or territory of the United States, including
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part II of this chapter if the dealer deals, at retail, in
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nicotine products within the state or allows a nicotine products
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vending machine to be located on its premises within the state,
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by a dealer or by a dealer's agent or employee. The division may
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also assess and accept administrative fines of up to $1,000
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against a dealer for each violation. The division shall deposit
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all fines collected into the General Revenue Fund as collected.
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An order imposing an administrative fine becomes effective 15
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days after the date of the order. The division may suspend the
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imposition of a penalty against a dealer, conditioned upon the
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dealer's compliance with terms the division considers
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appropriate.
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Section 10. Section 11 of this act may be cited as "Meg's
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Law."
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Section 11. Effective October 1, 2026, section 569.24,
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Florida Statutes, is created to read:
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569.24 Prohibition on selling, furnishing, or giving
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nitrous oxide; exceptions.—
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(1) It is unlawful for any dealer who is licensed or
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permitted under this chapter, or a dealer's agent or employee,
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to possess, sell, possess with intent to sell, deliver, or give,
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directly or indirectly, nitrous oxide on or from the dealer's
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licensed premises. A dealer or a dealer's agent or employee who
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violates this subsection commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(2) This section does not apply to a grocery store or
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supermarket, as licensed or permitted by the Department of
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Agriculture and Consumer Services, but does apply to a
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convenience business, as defined by s. 812.171.
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(3) This section does not prohibit the purchase or sale of
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a finished food product in which nitrous oxide is used solely as
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a propellant, including aerosol whipped cream and alcoholic
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whipped topping products.
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(4) The Department of Business and Professional Regulation
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shall adopt rules regarding the sale and purchase of nitrous
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oxide to prevent the use of nitrous oxide for inducing a
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condition of intoxication. Such rules may address products
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containing nitrous oxide and finished food products in which
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nitrous oxide is used solely as a propellant.
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Section 12. Section 569.35, Florida Statutes, is amended
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to read:
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569.35 Retail nicotine product dealers; administrative
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penalties.—The division may suspend or revoke the permit of a
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dealer, including the retail tobacco products dealer permit of a
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retail tobacco products dealer as defined in s. 569.002(4), if
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the division determines or finds that upon sufficient cause
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exists of a appearing of the violation of any of the provisions
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of this part or a violation of the laws of this state or any
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state or territory of the United States, by a dealer, or by a
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dealer's agent or employee. The division may also assess and
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accept an administrative fine of up to $1,000 against a dealer
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for each violation. The division shall deposit all fines
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collected into the General Revenue Fund as collected. An order
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imposing an administrative fine becomes effective 15 days after
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the date of the order. The division may suspend the imposition
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of a penalty against a dealer, conditioned upon the dealer's
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compliance with terms the division considers appropriate.
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Section 13. Except as otherwise expressly provided in this
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act, this act shall take effect July 1, 2026.