CODING: Words stricken are deletions; words underlined are additions.House Bill 0957c1
Florida House of Representatives - 1997 CS/HB 957
By the Committee on Business Development & International
Trade and Representatives Culp, Trovillion and Effman
1 A bill to be entitled
2 An act relating to electronic commerce;
3 amending s. 117.05, F.S.; specifying that
4 certain seals be used on "paper" documents;
5 creating s. 117.20, F.S.; providing
6 application; specifying "electronic
7 notarization"; providing for the Secretary of
8 State to provide commissions for notaries
9 public to perform electronic notarizations;
10 providing procedures; requiring notice of the
11 compromise of certain keys; providing for
12 suspension under certain circumstances;
13 amending s. 215.322, F.S.; providing for state
14 use of credit cards, charge cards, or debit
15 cards under certain circumstances; amending s.
16 282.20, F.S.; providing a definition; requiring
17 approval of the Office of Planning and
18 Budgeting for acceptance of any new customer
19 other than a state agency that will use more
20 than a specified percentage of the previous
21 year's revenue; eliminating the Technology
22 Resource Center data processing policy board;
23 creating s. 282.745, F.S.; authorizing the
24 Secretary of State to establish a voluntary
25 licensure program for private certification
26 authorities; providing for fees; providing for
27 rulemaking; authorizing the Secretary of State
28 to enter into reciprocity agreements with other
29 jurisdictions; amending s. 471.025, F.S.;
30 providing for electronic engineering seals and
31 digital signatures; prohibiting certain
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1 activities relating to digitally sealing or
2 signing documents; amending s. 471.033, F.S.;
3 providing for disciplinary action for illegal
4 use of a digital signature; amending s.
5 472.025, F.S.; providing for electronic land
6 surveying and mapping seals; prohibiting
7 certain activities relating to digitally
8 sealing or signing certain documents;
9 authorizing the Secretary of State to
10 commission Florida international notaries;
11 providing definitions; providing rulemaking
12 authority; authorizing the secretary to charge
13 fees; authorizing the use of authentication
14 methods by international notaries; providing
15 for effect of acts of international notaries;
16 amending ss. 240.289 and 402.18, F.S., to
17 conform; repealing ss. 118.01, 118.02, 118.03,
18 and 118.04, F.S., relating to commissioners of
19 deeds; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Subsection (3) of section 117.05, Florida
24 Statutes, is amended to read:
25 117.05 Use of notary commission; unlawful use; notary
26 fee; seal; duties; employer liability; name change;
27 advertising; photocopies; penalties.--
28 (3)(a) A notary public seal shall be affixed to all
29 notarized paper documents and shall be of the rubber stamp
30 type and shall include the words "Notary Public-State of
31 Florida." The seal shall also include the name of the notary
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1 public, the date of expiration of the commission of the notary
2 public, and the commission number. The rubber stamp seal must
3 be affixed to the notarized paper document in photographically
4 reproducible black ink. Every notary public shall print, type,
5 or stamp below his or her signature on a paper document his or
6 her name exactly as commissioned. An impression-type
7 impression type seal may be used in addition to the rubber
8 stamp seal, but the rubber stamp seal shall be the official
9 seal for use on a paper document notary public, and the
10 impression-type impression type seal may not be substituted
11 therefor.
12 (b) Any notary public whose term of appointment
13 extends beyond January 1, 1992, is required to use a rubber
14 stamp type notary public seal on paper documents only upon
15 reappointment on or after January 1, 1992.
16 Section 2. Section 117.20, Florida Statutes, is
17 created to read:
18 117.20 Electronic notarization.--
19 (1) The provisions of ss. 117.01, 117.03, and 117.04,
20 117.05(1)-(14), 117.05(16), 117.105, and 117.107 apply to all
21 notarizations under this section except as set forth in this
22 section.
23 (2) An electronic notarization shall include the name
24 of the notary public, exactly as commissioned, the date of
25 expiration of the commission of the notary public, the
26 commission number, and the notary's digital signature.
27 Neither a rubber stamp seal nor an impression-type seal is
28 required for an electronic notarization.
29 (3) Any notary public who seeks to perform electronic
30 notarizations and obtains certification authority, as defined
31 in s. 282.72(2), shall request an amended commission from the
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1 Secretary of State as set forth in s. 117.05(11). The
2 Secretary of State shall issue an amended commission to the
3 notary public indicating that the notary is a subscriber to
4 the certification authority identified in the notary's request
5 for an amended commission. After requesting an amended
6 commission, the notary public may continue to perform notarial
7 acts, but may not use his or her digital signature in the
8 performance of notarial acts until receipt of the amended
9 commission. Any fees collected from such amended commissions
10 shall be used to fund the Secretary of State's administration
11 of electronic notary commissions.
12 (4) If the notary public's private key corresponding
13 to his or her public key has been compromised, the notary
14 public shall immediately notify the Secretary of State in
15 writing of the breach of security and shall request the
16 issuing certification authority to suspend or revoke the
17 certificate.
18 (5) Failure to comply with this section constitutes
19 grounds for suspension from office by the Governor.
20 Section 3. Section 215.322, Florida Statutes, 1996
21 Supplement, is amended to read:
22 215.322 Acceptance of credit cards, charge cards, or
23 debit cards by state agencies, units of local government, and
24 the judicial branch.--
25 (1) It is the intent of the Legislature to encourage
26 state agencies, the judicial branch, and units of local
27 government to make their services more convenient to the
28 public and to reduce the administrative costs of government by
29 acceptance of payment by credit cards, charge cards, and debit
30 cards to the maximum extent possible.
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1 (2)(1) A state agency as defined in s. 216.011, or the
2 judicial branch, may accept credit cards, charge cards, or
3 debit cards in payment for goods and services upon
4 recommendation of the Office of Planning and Budgeting and
5 with the prior approval of the Treasurer.
6 (3)(2) The Treasurer shall adopt rules governing the
7 establishment and acceptance of credit cards, charge cards, or
8 debit cards by state agencies or the judicial branch,
9 including, but not limited to, the following:
10 (a) Utilization of a standardized contract between the
11 financial institution and the agency or judicial branch which
12 shall be developed by the Treasurer or approval by the
13 Treasurer of a substitute agreement.
14 (b)1. The types of revenue or collections that may be
15 subject to service fees or surcharges by the financial
16 institution, vending service company, or credit card company.
17 Only taxes, license fees, tuition, and other statutorily
18 prescribed revenues may be subject to a service fee or
19 surcharge. Notwithstanding the foregoing, this section shall
20 not be construed to permit surcharges on any other credit card
21 purchase in violation of s. 501.0117.
22 2. The minimum public disclosure requirements to
23 persons who elect to pay taxes, license fees, tuition, and
24 other statutorily prescribed revenues by credit card which are
25 subject to a surcharge pursuant to this section. Any state
26 agency, unit of local government, or the judicial branch that
27 surcharges a person who pays by credit card shall be subject
28 to the minimum public disclosure requirements adopted by the
29 Treasurer pursuant to this subparagraph.
30 (b)(c) All service fees payable pursuant to this
31 section financial institutions when practicable shall be
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1 invoiced and paid by state warrant, or such other manner that
2 is satisfactory to the Comptroller, in accordance with s.
3 215.422.
4 (c)(d) Submission of information to the Treasurer
5 concerning the acceptance of credit cards, charge cards, or
6 debit cards by all state agencies or the judicial branch.
7 (4)(3) The Treasurer is authorized to establish
8 contracts with one or more financial institutions or credit
9 card companies, or other entities that may lawfully provide
10 such services, in a manner consistent with chapter 287, for
11 processing credit card, charge card, or debit card collections
12 for deposit into the State Treasury or another qualified
13 public depository. Any state agency, or the judicial branch,
14 which accepts payment by credit card, charge card, or debit
15 card shall use at least one of the contractors established by
16 the Treasurer unless the state agency or judicial branch
17 obtains authorization from the Treasurer to use another
18 contractor which is more financially advantageous to such
19 state agency or the judicial branch. Such contracts may
20 authorize a unit of local government to use the services upon
21 the same terms and conditions for deposit of credit card,
22 charge card, or debit card transactions into its qualified
23 public depositories.
24 (5)(4) A unit of local government, which term means a
25 municipality, special district, or board of county
26 commissioners or other governing body of a county, however
27 styled, including that of a consolidated or metropolitan
28 government, and means any clerk of the circuit court, sheriff,
29 property appraiser, tax collector, or supervisor of elections,
30 is authorized to accept payment by use of credit cards, charge
31 cards, and bank debit cards for financial obligations that are
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1 owing to such unit of local government and to surcharge the
2 person who uses a credit card, charge card, or bank debit card
3 in payment of taxes, license fees, tuition, fines, civil
4 penalties, court-ordered payments, or court costs, or other
5 statutorily prescribed revenues an amount sufficient to pay
6 the service fee charges by the financial institution, vending
7 service company, or credit card company for such services. A
8 unit of local government shall verify both the validity of any
9 credit card or bank debit card used pursuant to this
10 subsection and the existence of appropriate credit with
11 respect to the person using the card. The unit of local
12 government does not incur any liability as a result of such
13 verification or any subsequent action taken.
14 (6)(5) Credit card account numbers in the possession
15 of a state agency, a unit of local government, or the judicial
16 branch are confidential and exempt from the provisions of s.
17 119.07(1).
18 (7) Any action required to be performed by a state
19 officer or agency pursuant to this section shall be performed
20 within 10 working days after receipt of the request or be
21 deemed approved if not acted upon within that time.
22 (8) Nothing contained in this section shall be
23 construed to prohibit a state agency or the judicial branch
24 from continuing to accept credit cards, charge cards, or debit
25 cards pursuant to a contract that was lawfully entered into
26 before the effective date of this subsection unless
27 specifically directed otherwise in the General Appropriations
28 Act. However, such contract shall not be extended or renewed
29 after the effective date of this subsection unless such
30 renewal and extension conform to the requirements of this
31 section.
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1 Section 4. Section 282.20, Florida Statutes, is
2 amended to read:
3 282.20 Technology Resource Center.--
4 (1)(a) The Division of Information Services of the
5 Department of Management Services shall operate and manage the
6 Technology Resource Center.
7 (b) For the purposes of this section, the term:
8 1. "Department" means the Department of Management
9 Services.
10 2. "Division" means the Division of Information
11 Services of the Department of Management Services.
12 3. "Information-system utility" means a full-service
13 information-processing facility offering hardware, software,
14 operations, integration, networking, and consulting services
15 to state agencies.
16 4. "Customer" means a state agency or other entity
17 that is authorized to use the SUNCOM Network pursuant to this
18 chapter.
19 (2) The division and the Technology Resource Center
20 shall:
21 (a) Serve the department and other customers state
22 agencies as an information-system utility.
23 (b) Cooperate with the Information Resource Commission
24 and with other customers state agencies to offer, develop, and
25 support a wide range of services and applications needed by
26 users of the Technology Resource Center.
27 (c) Cooperate with the Florida Legal Resource Center
28 of the Department of Legal Affairs and other state agencies to
29 develop and provide access to repositories of legal
30 information throughout the state.
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1 (d) Cooperate with the Division of Communications of
2 the department to facilitate interdepartmental networking and
3 integration of network services for its customers state
4 agencies.
5 (e) Assist customers state agencies in testing and
6 evaluating new and emerging technologies that could be used to
7 meet the needs of the state.
8 (3) The division may contract with customers state
9 agencies to provide any combination of services necessary for
10 agencies to fulfill their responsibilities and to serve their
11 users.
12 (4)(a) Acceptance of any new customer, other than a
13 state agency, which is expected to pay during the initial 12
14 months of use more than 5 percent of the previous year's
15 revenues of the data processing center shall be contingent
16 upon approval of the Office of Planning and Budgeting in a
17 manner similar to the budget amendment process in s. 216.181.
18 There is created for the Technology Resource Center a data
19 processing policy board as provided in s. 282.313.
20 (b) In addition to the members of the policy board
21 provided in s. 282.313, the following ex officio members are
22 appointed to the data processing policy board of the
23 Technology Resource Center: the Executive Director of the
24 Information Resource Commission, the Director of the Division
25 of Communications of the Department of Management Services,
26 and the chair of the coordinating council to the Florida
27 Fiscal Accounting Management Information System, as created in
28 s. 215.96, or their respective designees. The ex officio
29 members provided in this subsection shall vote and serve in
30 the same manner as other policy board members.
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1 (5) The Technology Resource Center may plan, design,
2 establish pilot projects for, and conduct experiments with
3 information technology resources, and may implement
4 enhancements in services when such implementation is
5 cost-effective. Funding for experiments and pilot projects
6 shall be derived from service revenues and may not exceed 5
7 percent of the service revenues for the Technology Resource
8 Center for any fiscal year. Any experiment, pilot project,
9 plan, or design must be approved by the data processing policy
10 board of the center.
11 (6) Notwithstanding the provisions of s. 216.272, the
12 Technology Resource Center may spend the funds in the reserve
13 account of its working capital trust fund for enhancements to
14 center operations or for information technology resources. Any
15 expenditure of reserve account funds must be approved by the
16 data processing policy board of the center. Any funds
17 remaining in the reserve account at the end of the fiscal year
18 may be carried forward and spent as approved by the policy
19 board.
20 Section 5. Section 282.745, Florida Statutes, is
21 created to read:
22 282.745 Voluntary licensure.--
23 (1) The Secretary of State may adopt, amend, or repeal
24 any rules as necessary, pursuant to chapter 120, to implement,
25 enforce, and interpret the voluntary licensure of private
26 certification authorities. Such rules shall provide, at a
27 minimum, for:
28 (a) Licensing fees sufficient to support the licensing
29 program.
30 (b) Standards and requirements for voluntary
31 licensure.
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1 (c) Audit procedures and requirements to assure
2 program compliance.
3 (d) Insurance reserve or bonding requirements.
4 (e) Procedures for license revocation and suspension
5 for failure to meet licensure requirements or for misconduct.
6 (2) No private certification authority shall be
7 required to obtain a license from the Secretary of State
8 pursuant to this section.
9 (3) The Secretary of State may also enter into
10 reciprocity agreements with other jurisdictions on behalf of
11 this state to allow for the fullest possible recognition of
12 digital signatures executed under Florida law and the fullest
13 possible recognition of certification authorities licensed
14 under this section.
15 Section 6. Section 471.025, Florida Statutes, is
16 amended to read:
17 471.025 Seals.--
18 (1) The board shall prescribe, by rule, a form of seal
19 to be used by registrants holding valid certificates of
20 registration. Each registrant shall obtain an impression-type
21 metal seal in the form aforesaid and may, in addition,
22 register his or her seal electronically in accordance with ss.
23 282.70-282.75. All final drawings, specifications, plans,
24 reports, or documents prepared or issued by the registrant and
25 being filed for public record shall be signed by the
26 registrant, dated, and stamped with said seal. Such
27 signature, date, and seal shall be evidence of the
28 authenticity of that to which they are affixed. Drawings,
29 specifications, plans, reports, or documents prepared or
30 issued by a registrant may be transmitted electronically and
31 may be signed by the registrant, dated, and stamped
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1 electronically with said seal in accordance with ss.
2 282.70-282.75. It is unlawful for any person to stamp or seal
3 any document with a seal after his certificate of registration
4 has expired or been revoked or suspended, unless reinstated or
5 reissued.
6 (2) It is unlawful for any person to stamp, seal, or
7 digitally sign any document with a seal or digital signature
8 after his or her certificate of registration has expired or
9 been revoked or suspended, unless such certificate of
10 registration has been reinstated or reissued. When the
11 certificate of registration of a registrant has been revoked
12 or suspended by the board, it shall be mandatory that the
13 registrant, surrender his seal to the secretary of the board
14 within a period of 30 days after the revocation or suspension
15 has become effective, surrender his or her seal to the
16 secretary of the board and confirm to the secretary the
17 cancellation of the registrant's digital signature in
18 accordance with ss. 282.70-282.75. In the event the
19 registrant's certificate has been suspended for a period of
20 time, his seal shall be returned to him upon expiration of the
21 suspension period.
22 (3) No registrant shall affix or permit to be affixed
23 his or her seal, or name, or digital signature to any plan,
24 specification, drawing, or other document which depicts work
25 which he or she is not licensed to perform or which is beyond
26 his or her profession or specialty therein.
27 Section 7. Paragraph (j) of subsection (1) of section
28 471.033, Florida Statutes, is amended to read:
29 471.033 Disciplinary proceedings.--
30 (1) The following acts constitute grounds for which
31 the disciplinary actions in subsection (3) may be taken:
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1 (j) Affixing or permitting to be affixed his or her
2 seal, or his name, or digital signature to any final drawings,
3 specifications, plans, reports, or documents that were not
4 prepared by him or her or under his or her responsible
5 supervision, direction, or control.
6 Section 8. Section 472.025, Florida Statutes, is
7 amended to read:
8 472.025 Seals.--
9 (1) The board shall prescribe, by rule, a form of seal
10 to be used by all registrants holding valid certificates of
11 registration, whether the registrants are corporations,
12 partnerships, or individuals. Each registrant shall obtain an
13 impression-type metal seal in that form; and all final
14 drawings, plans, specifications, plats, or reports prepared or
15 issued by the registrant in accordance with minimum technical
16 standards set by the board shall be signed by the registrant,
17 dated, and stamped with his or her seal. This signature,
18 date, and seal shall be evidence of the authenticity of that
19 to which they are affixed. Each registrant may in addition
20 register his or her seal electronically in accordance with ss.
21 282.70-282.75. Drawings, plans, specifications, reports, or
22 documents prepared or issued by a registrant may be
23 transmitted electronically and may be signed by the
24 registrant, dated, and stamped electronically with such seal
25 in accordance with ss. 282.70-282.75. It is unlawful for any
26 person to stamp or seal any document with a seal after his
27 certificate of registration has expired or been revoked or
28 suspended unless reinstated or reissued.
29 (2) It is unlawful for any person to stamp, seal, or
30 digitally sign any document with a seal or digital signature
31 after his or her certificate of registration has expired or
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1 been revoked or suspended, unless such certificate of
2 registration has been reinstated or reissued. When the
3 certificate of registration of a registrant has been revoked
4 or suspended by the board, the registrant shall, surrender his
5 seal to the secretary of the board within a period of 30 days
6 after the revocation or suspension has become effective,
7 surrender his or her seal to the secretary of the board and
8 confirm to the secretary the cancellation of the registrant's
9 digital signature in accordance with ss. 282.70-282.75. In the
10 event the registrant's certificate has been suspended for a
11 period of time, his or her seal shall be returned to him or
12 her upon expiration of the suspension period.
13 (3) No registrant shall affix or permit to be affixed
14 his or her seal, or name, or digital signature to any plan,
15 specification, drawing, or other document which depicts work
16 which he or she is not licensed to perform or which is beyond
17 his or her profession or specialty therein.
18 Section 9. (1) As used in this section, the term:
19 (a) "Authentication instrument" means an instrument
20 executed by a Florida international notary referencing this
21 section, which includes the particulars and capacities to act
22 of transacting parties, a confirmation of the full text of the
23 instrument, the signatures of the parties or legal equivalent
24 thereof, and the signature and seal of a Florida international
25 notary as prescribed by the Florida Secretary of State for use
26 in a jurisdiction outside the borders of the United States.
27 (b) "Florida international notary" means a person who
28 is admitted to the practice of law in this state, who has
29 practiced law for at least 5 years, and who has been
30 commissioned by the Secretary of State as a Florida
31 international notary.
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1 (c) "Protocol" means a registry maintained by a
2 Florida international notary in which the acts of the Florida
3 international notary are archived.
4 (2) The Secretary of State shall have the power to
5 commission Florida international notaries.
6 (3) A Florida international notary is authorized to
7 issue authentication instruments for use in non-United States
8 jurisdictions and has the powers of a Commissioner of Deeds
9 under former ss. 118.01-118.02, Florida Statutes.
10 (4) The authentication instruments of a Florida
11 international notary shall not be considered authentication
12 instruments within the borders of the United States and shall
13 have no consequences or effects as authentication instruments
14 in the United States.
15 (5) The authentication instruments of a Florida
16 international notary shall be recorded in the Florida
17 international notary's protocol in a manner prescribed by the
18 Secretary of State.
19 (6) The Secretary of State may adopt rules
20 prescribing:
21 (a) The form and content of signatures and seals or
22 their legal equivalents for authentication instruments;
23 (b) Procedures for the permanent archiving of
24 authentication instruments;
25 (c) The charging of reasonable fees to be retained by
26 the Secretary of State for the purpose of administering this
27 section;
28 (d) Educational requirements and procedures for
29 testing applicants' knowledge of the effects and consequences
30 associated with authentication instruments in jurisdictions
31 outside the United States;
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1 (e) Procedures for the disciplining of Florida
2 international notaries, including the suspension and
3 revocation of commissions for misrepresentation or fraud
4 regarding the Florida international notary's authority, the
5 effect of the Florida international notary's authentication
6 instruments, or the identities or acts of the parties to a
7 transaction; and
8 (f) Other matters necessary for administering this
9 section.
10 (7) The Secretary of State shall not regulate,
11 discipline or attempt to discipline, or establish any
12 educational requirements for any Florida international notary
13 for, or with regard to, any action or conduct that would
14 constitute the practice of law in this state. The Secretary
15 of State shall not establish as a prerequisite to the
16 commissioning of a Florida international notary any test
17 containing any question that inquires of the applicant's
18 knowledge regarding the practice of law in the United States.
19 (8) This section shall not be construed as abrogating
20 the provisions of any other act relating to notaries public,
21 attorneys, or the practice of law in this state.
22 Section 10. Section 240.289, Florida Statutes, is
23 amended to read:
24 240.289 Credit card, charge card, or debit card use in
25 university system; authority.--The several universities in the
26 State University System are authorized, pursuant to s.
27 215.322, to enter into agreements and accept credit card,
28 charge card, or debit card payments as compensation for goods,
29 services, tuition, and fees in accordance with rules
30 established by the Board of Regents.
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1 Section 11. Subsection (6) of section 402.18, Florida
2 Statutes, is amended to read:
3 402.18 Welfare trust funds created; use of.--
4 (6) The department shall maintain accounts in the
5 welfare trust fund for the sale of goods, services, or
6 products resulting from sheltered workshop, activity center,
7 and agricultural project operations carried out in the
8 rehabilitation of the department's clients, each project being
9 accounted for separately in accordance with cost standards
10 established by the department, but the cost of such projects
11 shall not include any wage or salary expenditures funded by a
12 general revenue appropriation applicable to such
13 rehabilitative activities. The cost of materials incorporated
14 in such products sold, if funded by an appropriation of
15 general revenue, shall be restored to general revenue
16 unallocated at the end of the fiscal year of sale from the
17 proceeds of such sales; provided, however, that the cost of
18 inventories on hand June 30, 1984, shall be accounted for as
19 part of the working capital authorized for such activities.
20 The department may extend credit for the sale of products
21 produced in such activities, and for those sales made for its
22 clients through its hobby shops, to purchasers of demonstrated
23 credit standing sufficient to warrant the amount of credit
24 extended after prudent evaluation of information relating to
25 such credit standing. The department may obtain credit
26 reports from reputable credit reporting agencies to assure
27 prudence in the extending of credit, except when payment is
28 made by credit card, charge card, or debit card as authorized
29 by s. 215.322. The department shall provide an allowance for
30 doubtful accounts for credit sales and record an expense in a
31 like amount based on a good faith estimate, such provision
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1 being recorded as a cost of such sales. The net revenue after
2 such provision shall be retained in the welfare trust fund and
3 used only for the benefit of the department's clients for whom
4 the trust fund was established.
5 Section 12. Sections 118.01, 118.02, 118.03, and
6 118.04, Florida Statutes, are repealed.
7 Section 13. This act shall take effect upon becoming a
8 law.
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