Senate Bill 1090 (2025) — Online sellers from foreign countries of concern
SB 1090
Florida Bills
Florida Senate - 2025 SB By Senator Collins 14-00451A-25 20251090__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to online sellers from foreign countries of concern; creating s. 501.174, F.S.; 3 defining terms; requiring an online marketplace to record certain information from an online seller to verify the online seller’s location; requiring an online marketplace to disclose to consumers an online seller’s or online marketplace’s location if the online seller or online marketplace is in, conducts business from, or fulfills orders from a foreign country of concern; requiring an online marketplace to hold in a United States-based account the sales proceeds from transactions between Florida-based consumers and online sellers located in, conducting business from, or fulfilling orders from a foreign country of concern; requiring an online marketplace to hold such sales proceeds for a certain timeframe; 17 authorizing such sales proceeds to be transferred to the online seller after a certain timeframe; providing that a violation of this
section is a violation of the Florida Deceptive and Unfair Trade Practices Act; 21 providing an effective date. 22
Be It Enacted by the Legislature of the State of Florida: 24
Section
Section 501.174, Florida Statutes, is created to read: 27 501.174 Consumer protection against online sellers from foreign countries of concern; online marketplaces.— 29 Florida Senate - 2025 SB 1090 14-00451A-25 20251090__ CODING: Words stricken are deletions; words underlined are additions.
(1) DEFINITIONS.—As used in this section, the term: 30
(a) “Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. 36
(b) “Online marketplace” means any consumer-directed, 37 electronically based or accessed platform that: 38 1. Includes features that allow for, facilitate, or enable online sellers to engage in the sale, purchase, payment, 40 storage, shipping, or delivery of a consumer product in the United States; 42 2. Is used by one or more online sellers for such purposes; 43 and 44 3. Has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products. 47
(c) “Online seller” means any seller, independent of an online marketplace, which sells, offers to sell, or contracts to sell a consumer product in the United States through an online marketplace. 51
(2) DATA COLLECTION.—An online marketplace shall record the Internet protocol address of an online seller to verify its location. 54
(3) DISCLOSURE.—Before a sale transaction, an online marketplace shall disclose to a consumer in a clear and conspicuous manner the general location of the online seller or online platform if the online seller or online platform is Florida Senate - 2025 SB 1090 14-00451A-25 20251090__ CODING: Words stricken are deletions; words underlined are additions. located in or conducts business from a foreign country of concern. 60
(4) TRANSACTION PROCEEDS TO BE HELD BY ONLINE MARKETPLACE.— 61
(
a) An online marketplace shall hold in a United States-62 based escrow account the proceeds of a transaction between a Florida-based consumer and an online seller if the online seller or the online platform is located in, conducts business from, or fulfills orders from a foreign country of concern. 66
(
b) The proceeds shall remain in the account for a period of no less than days. 68
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c) The proceeds may be transferred to the online seller after days have elapsed. 70
(5) ENFORCEMENT.—A violation of this
section constitutes a violation of the Florida Deceptive and Unfair Trade Practices Act under