Florida 2022 Regular Session Status: Passed Senate

SB 944 — Online Marketplace Transparency

Last action — Died in Messages

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Online Marketplace Transparency; Requiring online marketplaces to require high-volume third-party sellers using their service to provide certain information to the online marketplace within a specified timeframe; requiring the online marketplace to verify such information, or changes to such information, within a specified timeframe; providing that information on valid government-issued tax documents is presumed verified as of the issuance date; requiring an online marketplace to update and require certification of the updated information at least annually, etc.

Bill Text

What changed in the latest version

219 added · 187 removed

219 line(s) added, 187 removed.

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Florida Senate - 2022 SB 944 By Senator Baxley 12-00821A-22 2022944__ A bill to be entitled An act relating to online marketplace transparency;
Florida Senate - 2022 CS for SB 944 By the Committee on Rules;
and Senator Baxley 595-03643-22 2022944c1 A bill to be entitled An act relating to online marketplace transparency;
requiring disclosure of suppliers;
requiring specified disclosures;
prohibiting certain collected data from being used for any other purpose unless required by law;
requiring online marketplaces to implement and maintain certain security procedures and practices relating to data security;
providing construction;
Section 1.
Page 1 of 8 CODING:
Section 559.953, Florida Statutes, is created to read:
559.953 Disclosure of information by online marketplaces.— Page 1 of 7 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ (1) DEFINITIONS.—As used in this section, the term:
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 Section 1.
Section 559.953, Florida Statutes, is created to read:
559.953 Disclosure of information by online marketplaces.— (1) DEFINITIONS.—As used in this section, the term:
Only sales or transactions made through the online marketplace for which payment was processed by the online marketplace, either directly or through the seller’s payment processer, count towards the calculation for the number of discrete sales or transactions or the gross revenues.
Only sales or transactions made through the online marketplace for which payment was processed by the online marketplace, either directly or through the online marketplace’s payment processer, count towards the calculation for the number of discrete sales or transactions or the gross revenues.
Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer Page 2 of 8 CODING:
(d) “Seller” means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace.
Page 2 of 7 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ (e) “Third-party seller” means any seller, independent of an operator, a facilitator, or an owner of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 products.
(d) “Seller” means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace.
(e) “Third-party seller” means any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace.
A business entity that has made available to the general public the entity’s name, business address, and working contact information;
A business entity that has made available to the general public the entity’s name, business address, and contact information;
(2) VERIFICATION.— (a) An online marketplace shall require that any high- volume third-party seller on the online marketplace provide the online marketplace with all of the following information within 10 business days after qualifying as a high-volume third-party seller:
(2) VERIFICATION.— (a) An online marketplace shall require that any high- volume third-party seller on the online marketplace provide the online marketplace with all of the following information within Page 3 of 8 CODING:
1.
Deposit account information from a financial Page 3 of 7 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ institution.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 10 days after qualifying as a high-volume third-party seller:
1.
Deposit account information from a financial institution.
A valid e-mail address and working phone number.
A valid e-mail address and phone number.
If the high-volume third-party seller is an individual, a copy of a valid government-issued photo identification for the individual which includes the individual’s name and physical address.
If the high-volume third-party seller is an individual, the individual’s name.
(b) The online marketplace shall verify the information the high-volume third-party seller provides under this subsection within 10 business days after receiving such information.
(b) The online marketplace shall verify the information the high-volume third-party seller provides under this subsection within 10 days after receiving such information.
If the high-volume third-party seller provides any changes to the information, the online marketplace must verify such changes within 10 business days after receiving the information.
If the high- volume third-party seller provides any changes to the information, the online marketplace must verify such changes within 10 days after receiving the information.
If a Page 4 of 7 CODING:
If a high-volume Page 4 of 8 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ high-volume third-party seller provides a copy of a valid government-issued tax document, the information contained within such tax document shall be presumed verified as of the date of issuance of such document.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 third-party seller provides a copy of a valid government-issued tax document, the information contained within such tax document shall be presumed verified as of the date of issuance of such document.
(c) The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplace that such seller must inform the online marketplace of any changes to the information previously provided by the seller within 10 business days after receiving the notification.
(c) The online marketplace shall, on at least an annual basis, notify each high-volume third-party seller on the online marketplace that such seller must inform the online marketplace of any changes to the information previously provided by the seller within 10 days after receiving the notification.
The notification must require the high-volume third-party seller to either electronically certify that the high-volume third- party seller’s information is unchanged or provide changes to the information as necessary.
The notification must require the high-volume third-party seller to either electronically certify that the high-volume third-party seller’s information is unchanged or provide changes to the information as necessary.
If the online marketplace becomes aware that a high-volume third-party seller has not certified that such information is unchanged or provided such changed information within 10 business days after receiving such notification, the online marketplace must suspend the selling privileges of the high-volume third-party seller until such seller provides such certification or changed information.
If the online marketplace becomes aware that a high-volume third-party seller has not certified that such information is unchanged or provided such changed information within 10 days after receiving such notification, the online marketplace must suspend the selling privileges of the high-volume third-party seller until such seller provides such certification or changed information.
(3) DISCLOSURE.— (a) An online marketplace shall disclose to consumers in a conspicuous manner on the product listing, through a conspicuously placed link on the product listing, or in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the consumer’s account transaction history, all of the following information of any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on its online platform:
(3) DISCLOSURE.— (a) An online marketplace shall disclose to consumers, in a clear and conspicuous manner in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the consumer’s account transaction history, all of the following information of any high-volume third-party seller with an aggregate total of $20,000 or more in annual gross revenues on its online platform:
Page 5 of 7 CODING:
1.
The full name of the high-volume third-party seller, which may include the seller’s name or company name, or the name Page 5 of 8 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ 1.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 by which the seller or company operates on the online marketplace.
The full name of the high-volume third-party seller.
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If the full physical address of the high-volume third- party seller is the primary residential address of such high- volume third-party seller, only the city, state, and country of the high-volume third-party seller is required to be disclosed.
If the seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may:
a.
Disclose to consumers the country of the seller and, if applicable, the state in which the seller resides.
b.
Inform consumers that a business address is not available for the seller and that consumer inquiries should be submitted to the seller by telephone, e-mail, or other means of electronic messaging provided to the seller by the online marketplace.
If the seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller’s physical address for product returns.
Contact information for the high-volume third-party seller, including a working telephone number and working e-mail address to allow for direct, unhindered communication with the high-volume third-party seller.
Contact information for the high-volume third-party seller, including a telephone number or an e-mail address or other means of direct electronic messaging, which may be provided to the seller by the online marketplace, to allow for direct, unhindered communication with the seller.
If the only telephone number of the high-volume third-party seller is the personal telephone number of the high-volume third-party seller, then only the working e-mail address is required to be disclosed or the online marketplace must provide other means of electronic messaging to contact such seller.
If the only telephone number of the seller is the personal telephone number of the seller, the online marketplace must inform consumers that a telephone number is not available for the seller and that consumer inquiries should be submitted to the seller’s e-mail address or other means of electronic messaging provided to the seller by the online marketplace.
The identification of any seller that supplies the consumer product to the consumer upon purchase, if such seller is different than the high-volume third-party seller listed on the consumer product listing before the purchase.
Whether the high-volume third-party seller used a Page 6 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 different seller to supply the consumer product to the consumer upon purchase.
Upon the request of the consumer, the online marketplace shall disclose the identification of a seller, if the seller is different from the high-volume third-party seller listed on the consumer product listing before the purchase.
If such information is not disclosed within 10 business days after notification, the online marketplace must suspend the selling Page 6 of 7 CODING:
If such information is not disclosed within 10 days after notification, the online marketplace must suspend the selling privileges of the high-volume third-party seller on the online marketplace until the required information is disclosed.
(c) An online marketplace shall provide to consumers, in a conspicuous manner on the consumer product listing of any high- volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
(d) This subsection does not prevent an online marketplace from using any additional measures, electronic or otherwise, that it deems necessary to prevent spam, fraud, or abuse in communication between the consumer and the high-volume third- party seller, or the sale of fraudulent, stolen, or counterfeit consumer products on its platform.
(4) DATA USE LIMITATION.—Data collected solely to comply Page 7 of 8 CODING:
Florida Senate - 2022 SB 944 12-00821A-22 2022944__ privileges of the high-volume third-party seller on the online marketplace until the required information is disclosed.
Florida Senate - 2022 CS for SB 944 595-03643-22 2022944c1 with the requirements of this section may not be used for any other purpose unless required by law.
(c) An online marketplace shall provide to consumers, in a conspicuous manner on the consumer product listing of any high- volume third-party seller, a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace and a message encouraging individuals seeking goods for purchase to report suspicious activity to the online marketplace.
(5) DATA SECURITY REQUIREMENT.—An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, which are appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification.
(d) This subsection does not prevent an online marketplace from providing any additional measures, electronic or otherwise, that it deems necessary to prevent the sale of fraudulent, stolen, or counterfeit consumer products on its platform.
(6) ENFORCEMENT.—A violation of this section constitutes a violation of the Deceptive and Unfair Trade Practices Act under part II of chapter 501.
(4) ENFORCEMENT.—A violation of this section constitutes a violation of the Deceptive and Unfair Trade Practices Act under part II of chapter 501.
(5) RULES.—The Department of Legal Affairs may adopt rules with respect to collecting and verifying information under this section, provided that such rules are limited to what is necessary to collect and verify such information.
Notwithstanding s.
(6) PREEMPTION.—The regulation of the requirement for online marketplaces to verify information from high-volume third-party sellers on a one-time or ongoing basis or disclose information to consumers is preempted to the department.
501.211, this section does not create a private cause of action in favor of any person damaged by a violation of this section.
(7) RULES.—The Department of Legal Affairs may adopt rules with respect to collecting and verifying information under this section, provided that such rules are limited to what is necessary to collect and verify such information.
(8) PREEMPTION.—The regulation of the requirement for online marketplaces to verify information from high-volume third-party sellers on a one-time or ongoing basis or disclose information to consumers is preempted to the department.
This act shall take effect July 1, 2022.
This act shall take effect January 1, 2023.
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Action History

  1. Died in Messages

  2. Indefinitely postponed and withdrawn from consideration

  3. In Messages

  4. CS passed; YEAS 38 NAYS 1

  5. Read 3rd time

  6. Read 2nd time

  7. CS by Rules read 1st time

  8. Placed on Special Order Calendar, 03/03/22

  9. Placed on Calendar, on 2nd reading

  10. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  11. CS by- Rules; YEAS 17 NAYS 0

  12. On Committee agenda-- Rules, 03/01/22, 1:30 pm, 412 Knott Building

  13. On Committee agenda-- Rules, 02/10/22, 11:00 am, 412 Knott Building --Temporarily Postponed

  14. Now in Rules

  15. Favorable by Community Affairs; YEAS 9 NAYS 0

  16. On Committee agenda-- Community Affairs, 01/25/22, 3:30 pm, 37 Senate Building

  17. Now in Community Affairs

  18. Favorable by Commerce and Tourism; YEAS 9 NAYS 0

  19. On Committee agenda-- Commerce and Tourism, 01/18/22, 9:00 am, 110 Senate Building

  20. Introduced

  21. Referred to Commerce and Tourism; Community Affairs; Rules

  22. Filed

Sponsors

  • Rules · Primary
  • Baxley · Primary

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

  • Rules
  • Baxley

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 38 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 20100
Democrat 4000
No Party Affiliation 1000
Total 38100
% of votes cast 97%3%0%0%
How each member voted (39)
Member Party Vote
Diaz — Yea
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Yea
Book — Yea
Stargel — Yea
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Yea
Torres — Yea
Brandes — Nay
Simpson — Yea
Broxson — Yea
Perry — Yea
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 11000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Brandes — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Favorable

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 3001
No Party Affiliation 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Diaz — Yea
Hutson — Yea
Powell — Yea
Taddeo — Yea
Torres — Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Garcia, Ileana Republican Not Voting
Gruters, Joe Republican Yea
Hooper, Ed Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Subjects

taxation technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 944 do?
Online Marketplace Transparency; Requiring online marketplaces to require high-volume third-party sellers using their service to provide certain information to the online marketplace within a specified timeframe; requiring the online marketplace to verify such information, or changes to such information, within a specified timeframe; providing that information on valid government-issued tax documents is presumed verified as of the issuance date; requiring an online marketplace to update and require certification of the updated information at least annually, etc.
Who sponsors SB 944?
SB 944 is sponsored by Rules and Baxley.
What is the current status of SB 944?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 944?
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