Department of Business and Professional Regulation

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A bill to be entitled 1
An act relating to the Department of Business and 2
Professional Regulation; amending s. 20.165, F.S.; 3
expanding the jurisdiction of law over which employees 4
serving as law enforcement officers for the Division 5
of Alcoholic Beverages and Tobacco may investigate, 6
enforce, and prosecute; amending s. 448.095, F.S.; 7
providing the Department of Business and Professional 8
Regulation enforcement authority over employment 9
eligibility verification; requiring the department, 10
under certain circumstances, to notify certain other 11
departments of certain violations within a specified 12
timeframe; amending s. 468.412, F.S.; revising 13
prohibitions relating to minors for a talent agency; 14
providing criminal penalties; amending ss. 476.114, 15
477.019, and 477.0201, F.S.; requiring the Barbers' 16
Board and the Board of Cosmetology, respectively, to 17
establish by rule minimum standards for electronically 18
reporting a student's course completion records to the 19
department and the penalties for failing to adhere to 20
such minimum standards; requiring the department to 21
report all penalties imposed to the Department of 22
Education; amending s. 509.261, F.S.; authorizing the 23
department to take certain actions against certain 24
establishments for violating laws relating to the 25

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distribution and retail sale of hemp extract; amending 26
s. 559.79, F.S.; authorizing the department to 27
validate the identity and work authorization of an 28
applicant before issuing a license or renewing a 29
license; specifying personal identification 30
information the department may request from an 31
applicant; authorizing the department to submit such 32
personal identification information to and enter into 33
memoranda of understanding with appropriate federal 34
agencies for a certain purpose; requiring the 35
department to suspend the license of a person not 36
authorized to work in the United States; requiring the 37
department to reinstate a license without charge upon 38
verification of a licensee's work authorization; 39
providing immunity; authorizing the department to 40
adopt rules; amending ss. 569.006 and 569.35, F.S.; 41
authorizing the division to suspend or revoke the 42
permit of a dealer if the division finds sufficient 43
evidence of a violation of the laws of this state or 44
any other state or territory of the United States; 45
providing a short title; creating s. 569.24, F.S.; 46
prohibiting licensed or permitted dealers from 47
possessing, selling, intending to sell, delivering, or 48
giving nitrous oxide on or from the dealer's licensed 49
premises; providing a criminal penalty; providing 50

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applicability; requiring the department to adopt rules 51
relating to the sale and purchase of nitrous oxide; 52
providing effective dates. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Paragraph (b) of subsection (9) of section 57
20.165, Florida Statutes, is amended to read: 58
20.165 Department of Business and Professional 59
Regulation.—There is created a Department of Business and 60
Professional Regulation. 61
(9) 62
(b) Each employee serving as a law enforcement officer for 63
the division must meet the qualifications for employment or 64
appointment as a law enforcement officer set forth under s. 65
943.13 and must be certified as a law enforcement officer by the 66
Department of Law Enforcement under chapter 943. Upon 67
certification, each law enforcement officer is subject to and 68
has the same authority as provided for law enforcement officers 69
generally in chapter 901 and has statewide jurisdiction. Each 70
officer also has arrest authority as provided for state law 71
enforcement officers in s. 901.15. Each officer possesses the 72
full law enforcement powers granted to other peace officers of 73
this state, including the authority to make arrests, carry 74
firearms, serve court process, and seize contraband and the 75

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proceeds of illegal activities. 76
1. The primary responsibility of each officer appointed 77
under this section is to investigate, enforce, and prosecute, 78
throughout the state, violations and violators of parts I and II 79
of chapter 210; chapter 310; chapter 326; parts I and III of 80
chapter 450; chapter 455; parts VI, VII, VIII, IX, XI, XII, XV, 81
and XVI of chapter 468; chapter 469; chapter 471; chapters 473-82
477; chapter 481; parts I and II of chapter 489; chapter 499; 83
chapter 509; chapter 548; chapter 553;, part VII of chapter 84
559;, and chapters 561-569; chapters 718 and 719; chapter 721; 85
and chapter 723, and the rules adopted thereunder, as well as 86
other state laws that the division, all state law enforcement 87
officers, or beverage enforcement agents are specifically 88
authorized to enforce. 89
2. The secondary responsibility of each officer appointed 90
under this section is to enforce all other state laws, provided 91
that the enforcement is incidental to exercising the officer's 92
primary responsibility as provided in subparagraph 1., and the 93
officer exercises the powers of a deputy sheriff, only after 94
consultation or coordination with the appropriate local 95
sheriff's office or municipal police department or when the 96
division participates in the Florida Mutual Aid Plan during a 97
declared state emergency. 98
Section 2. Subsection (3) of section 448.095, Florida 99
Statutes, is amended, and subsection (2) of that section is 100

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republished, to read: 101
448.095 Employment eligibility.— 102
(2) EMPLOYMENT VERIFICATION.— 103
(a) An employer shall verify each new employee's 104
employment eligibility within 3 business days after the first 105
day that the new employee begins working for pay as required 106
under 8 C.F.R. s. 274a. 107
(b)1. A public agency shall use the E-Verify system to 108
verify a new employee's employment eligibility as required under 109
paragraph (a). 110
2. Beginning on July 1, 2023, a private employer with 25 111
or more employees shall use the E-Verify system to verify a new 112
employee's employment eligibility as required under paragraph 113
(a). 114
3. Each employer required to use the E-Verify system under 115
this paragraph must certify on its first return each calendar 116
year to the tax service provider that it is in compliance with 117
this section when making contributions to or reimbursing the 118
state's unemployment compensation or reemployment assistance 119
system. An employer that voluntarily uses the E-Verify system 120
may also make such a certification on its first return each 121
calendar year in order to document such use. 122
(c) If the E-Verify system is unavailable for 3 business 123
days after the first day that the new employee begins working 124
for pay and an employer cannot access the system to verify a new 125

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employee's employment eligibility, the employer must use the 126
Employment Eligibility Verification form (Form I-9) to verify 127
employment eligibility. The unavailability of the E-Verify 128
system does not bar the employer from using the rebuttable 129
presumption established in paragraph (4)(a). An employer must 130
document the unavailability of the E-Verify system by retaining 131
a screenshot from each day which shows the employer's lack of 132
access to the system, a public announcement that the E-Verify 133
system is not available, or any other communication or notice 134
recorded by the employer regarding the unavailability of the 135
system. 136
(d) The employer must retain a copy of the documentation 137
provided and any official verification generated, if applicable, 138
for at least 3 years. 139
(e) An employer may not continue to employ an unauthorized 140
alien after obtaining knowledge that a person is or has become 141
an unauthorized alien. 142
(f) An employee leasing company licensed under part XI of 143
chapter 468 which enters into a written agreement or 144
understanding with a client company which places the primary 145
obligation for compliance with this section upon the client 146
company is not required to verify employment eligibility of any 147
new employees of the client company. In the absence of a written 148
agreement or understanding, the employee leasing company is 149
responsible for compliance with this section. Such employee 150

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leasing company shall, at all times, remain an employer as 151
otherwise defined in federal laws or regulations. 152
(3) ENFORCEMENT.— 153
(a) For the purpose of enforcement of this section, any of 154
the following persons or entities may request, and an employer 155
must provide, copies of any documentation relied upon by the 156
employer for the verification of a new employee's employment 157
eligibility: 158
1. The Department of Law Enforcement; 159
2. The Attorney General; 160
3. The state attorney in the circuit in which the new 161
employee works; 162
4. The statewide prosecutor; or 163
5. The Department of Commerce; or 164
6. The Department of Business and Professional Regulation. 165
(b) A person or an entity that makes a request under 166
paragraph (a) must rely upon the Federal Government to verify an 167
employee's employment eligibility and may not independently make 168
a final determination as to whether an employee is an 169
unauthorized alien. 170
(c) If the Department of Business and Professional 171
Regulation believes that an employer has violated subsection (2) 172
or s. 448.09, it must notify the Department of Commerce and the 173
Florida Department of Law Enforcement within 30 days after 174
making such determination. 175

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Section 3. Effective October 1, 2026, subsection (7) of 176
section 468.412, Florida Statutes, is amended to read: 177
468.412 Talent agency regulations; prohibited acts.— 178
(7)(a) A No talent agency may not send or cause to be sent 179
any person as an employee to any house of ill fame, to any house 180
or place of amusement for immoral purposes, to any place 181
resorted to for the purposes of prostitution, to any place for 182
the modeling or photographing of a minor in the nude in the 183
absence of written permission from the minor's parents or legal 184
guardians, the character of which places the talent agency could 185
have ascertained upon reasonable inquiry. Any person who 186
violates this paragraph commits a misdemeanor of the first 187
degree. 188
(b) A talent agency may not send or cause to be sent any 189
minor to any house of ill fame, to any house or place of 190
amusement for immoral purpose, to any place resorted to for the 191
purpose of prostitution, the character of which places the 192
talent agency could have ascertained upon reasonable inquiry. A 193
talent agency may not send a minor to any place for the modeling 194
or photographing in the nude in the absence of written 195
permission from the minor's parents or legal guardians. Any 196
person who violates this paragraph commits a felony of the third 197
degree punishable as provided in s. 775.082 or s. 775.083. 198
Section 4. Subsection (3) of section 476.114, Florida 199
Statutes, is renumbered as subsection (4), and a new subsection 200

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(3) is added to that section, to read: 201
476.114 Examination; prerequisites.— 202
(3) The board shall establish by rule minimum standards 203
for electronically reporting a student's course completion 204
records to the department and the penalties if a school or 205
program fails to adhere to the minimum standards adopted. 206
Penalties must include, but are not limited to, suspending the 207
school's or program's ability to report a student's course 208
completion records to the department. The department must report 209
all penalties imposed for failing to adhere to the minimum 210
standards for electronic reporting to the Department of 211
Education for further investigation and prosecution. 212
Section 5. Subsection (8) is added to section 477.019, 213
Florida Statutes, to read: 214
477.019 Cosmetologists; qualifications; licensure; 215
supervised practice; license renewal; endorsement; continuing 216
education.— 217
(8) The board shall establish by rule minimum standards 218
for electronically reporting a student's course completion 219
records to the department and the penalties if a school or 220
program fails to adhere to the minimum standards adopted. 221
Penalties must include, but are not limited to, suspending the 222
school's or program's ability to report a student's course 223
completion records to the department. The department must report 224
all penalties imposed for failing to adhere to the minimum 225

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standards for electronic reporting to the Department of 226
Education for further investigation and prosecution. 227
Section 6. Subsections (5) and (6) of section 477.0201, 228
Florida Statutes, are renumbered as subsections (6) and (7), 229
respectively, and a new subsection (5) is added to that section, 230
to read: 231
477.0201 Specialty registration; qualifications; 232
registration renewal; endorsement.— 233
(5) The board shall establish by rule minimum standards 234
for electronically reporting a student's course completion 235
records to the department and the penalties if a school or 236
program fails to adhere to the minimum standards adopted. 237
Penalties must include, but are not limited to, suspending the 238
school's or program's ability to report a student's course 239
completion records to the department. The department must report 240
all penalties imposed for failing to adhere to the minimum 241
standards for electronic reporting to the Department of 242
Education for further investigation and prosecution. 243
Section 7. Subsection (1) of section 509.261, Florida 244
Statutes, is amended to read: 245
509.261 Revocation or suspension of licenses; fines; 246
procedure.— 247
(1) Any public lodging establishment or public food 248
service establishment that has operated or is operating in 249
violation of this chapter or the rules of the division, 250

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operating in violation of s. 581.217(7), operating without a 251
license, or operating with a suspended or revoked license may be 252
subject by the division to: 253
(a) Fines not to exceed $1,000 per offense; 254
(b) Mandatory completion, at personal expense, of a 255
remedial educational program administered by a food safety 256
training program provider approved by the division, as provided 257
in s. 509.049; and 258
(c) The suspension, revocation, or refusal of a license 259
issued pursuant to this chapter. 260
Section 8. Subsection (3) of section 559.79, Florida 261
Statutes, is renumbered as subsection (4), and a new subsection 262
(3) is added to that section, to read: 263
559.79 Applications for license or renewal.— 264
(3)(a) For each application for a license or renewal of a 265
license, the Department of Business and Professional Regulation 266
may validate the applicant's identity and work authorization 267
status. As part of the validation process, the department is 268
authorized to request personal identification information from 269
the applicant, including, but not limited to, a social security 270
number; a passport, including visa information; a birth 271
certificate; immigration status; an alien registration number; a 272
Student and Exchange Visitor Information System identification 273
number; a naturalization or citizenship certificate number; 274
arrival and departure records; a permanent resident card; 275

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employment authorization documents; a certificate of 276
citizenship; a naturalization certificate; refugee travel 277
documents; or other state issued identification. The department 278
may submit an applicant's personal identification information to 279
the appropriate federal agencies for the purpose of validating 280
the applicant's identity or work authorization status. The 281
department may enter into memoranda of understanding with the 282
appropriate federal agencies to validate an applicant's identity 283
or work authorization status. 284
(b) The department must immediately suspend the license of 285
any licensee found not to have a work authorization status that 286
entitles the licensee to work in the United States. The 287
department shall reinstate the license, without an additional 288
charge to the licensee, upon verification from the appropriate 289
federal agencies that the licensee is authorized to work in the 290
United States. 291
(c) The department may not be held liable for any 292
licensure delay, denial, or suspension resulting from the 293
discharge of its duties under this subsection. 294
(d) The department may adopt rules to implement this 295
subsection. 296
Section 9. Section 569.006, Florida Statutes, is amended 297
to read: 298
569.006 Retail tobacco products dealers; administrative 299
penalties.—The division may suspend or revoke the permit of the 300

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dealer if the division determines or finds that upon sufficient 301
cause exists of a appearing of the violation of any of the 302
provisions of this chapter or a violation of the laws of this 303
state or any state or territory of the United States, including 304
part II of this chapter if the dealer deals, at retail, in 305
nicotine products within the state or allows a nicotine products 306
vending machine to be located on its premises within the state, 307
by a dealer or by a dealer's agent or employee. The division may 308
also assess and accept administrative fines of up to $1,000 309
against a dealer for each violation. The division shall deposit 310
all fines collected into the General Revenue Fund as collected. 311
An order imposing an administrative fine becomes effective 15 312
days after the date of the order. The division may suspend the 313
imposition of a penalty against a dealer, conditioned upon the 314
dealer's compliance with terms the division considers 315
appropriate. 316
Section 10. Section 11 of this act may be cited as "Meg's 317
Law." 318
Section 11. Effective October 1, 2026, section 569.24, 319
Florida Statutes, is created to read: 320
569.24 Prohibition on selling, furnishing, or giving 321
nitrous oxide; exceptions.— 322
(1) It is unlawful for any dealer who is licensed or 323
permitted under this chapter, or a dealer's agent or employee, 324
to possess, sell, possess with intent to sell, deliver, or give, 325

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directly or indirectly, nitrous oxide on or from the dealer's 326
licensed premises. A dealer or a dealer's agent or employee who 327
violates this subsection commits a felony of the third degree, 328
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 329
(2) This section does not apply to a grocery store or 330
supermarket, as licensed or permitted by the Department of 331
Agriculture and Consumer Services, but does apply to a 332
convenience business, as defined by s. 812.171. 333
(3) This section does not prohibit the purchase or sale of 334
a finished food product in which nitrous oxide is used solely as 335
a propellant, including aerosol whipped cream and alcoholic 336
whipped topping products. 337
(4) The Department of Business and Professional Regulation 338
shall adopt rules regarding the sale and purchase of nitrous 339
oxide to prevent the use of nitrous oxide for inducing a 340
condition of intoxication. Such rules may address products 341
containing nitrous oxide and finished food products in which 342
nitrous oxide is used solely as a propellant. 343
Section 12. Section 569.35, Florida Statutes, is amended 344
to read: 345
569.35 Retail nicotine product dealers; administrative 346
penalties.—The division may suspend or revoke the permit of a 347
dealer, including the retail tobacco products dealer permit of a 348
retail tobacco products dealer as defined in s. 569.002(4), if 349
the division determines or finds that upon sufficient cause 350

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exists of a appearing of the violation of any of the provisions 351
of this part or a violation of the laws of this state or any 352
state or territory of the United States, by a dealer, or by a 353
dealer's agent or employee. The division may also assess and 354
accept an administrative fine of up to $1,000 against a dealer 355
for each violation. The division shall deposit all fines 356
collected into the General Revenue Fund as collected. An order 357
imposing an administrative fine becomes effective 15 days after 358
the date of the order. The division may suspend the imposition 359
of a penalty against a dealer, conditioned upon the dealer's 360
compliance with terms the division considers appropriate. 361
Section 13. Except as otherwise expressly provided in this 362
act, this act shall take effect July 1, 2026. 363