Florida § 687.16 - Florida Farmer Financial Protection Act.

§ 687.16. Florida Farmer Financial Protection Act.

(1) SHORT TITLE. — This section may be cited as the “Florida Farmer Financial Protection Act.” (2) DEFINITIONS. — As used in this section, the term: (a) “Agriculture producer” means a person or company authorized to do business in this state and engaged in the production of goods derived from plants or animals, including, but not limited to, the growing of crops, silviculture, animal husbandry, or the production of livestock or dairy products. (b) “Agritourism activity” has the same meaning as provided in s. 570.86. (c) “Commissioner” means the Commissioner of Agriculture. (d) “Company” means a for-profit organization, association, corporation, partnership, joint venture, sole proprietorship, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations authorized to do business in this state. (e) “Denies or restricts” means refusing to provide services, terminating existing services, or restricting or burdening the scope or nature of services offered or provided. (f) “Discriminate in the provision of financial services” means to deny or restrict services and thereby decline to provide financial services. (g) “ESG factor” means any factor or consideration that is collateral to or not reasonably likely to affect or impact financial risk and includes the promotion, furtherance, or achievement of environmental, social, or political goals, objectives, or outcomes, which may include the agriculture producer’s greenhouse gas emissions, use of fossil-fuel-derived fertilizer, or use of fossil-fuel-powered machinery. (h) “Farm” means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products. (i) “Financial institution” means a company defined under s. 655.005(1)(h) and (i), which has total assets of more than $100 million. A financial institution includes any affiliate as defined in s. 655.005(1)(a) or subsidiary company as defined in s. 655.005(1)(x), even if such affiliate or subsidiary company is also a financial institution. (j) “Financial service” means any product or service that is of a financial nature and is offered by a financial institution. (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS. — (a) A financial institution may not discriminate in the provision of financial services to an agriculture producer based, in whole or in part, upon an ESG factor. (b) If a financial institution has made any ESG commitment related to agriculture, there is an inference that the institution’s denial or restriction of a financial service to an agriculture producer violates paragraph (a). (c) A financial institution may overcome the inference in paragraph (b) by demonstrating that its denial or restriction of a financial service was based solely on documented risk analysis, and not on any ESG factor. (4) ENFORCEMENT; COMPENSATORY DAMAGES. — The Attorney General, in consultation with the Office of Financial Regulation, is authorized to enforce subsection (3). Any violation of subsection (3) constitutes an unfair trade practice under part II of chapter 501, and the Attorney General is authorized to investigate and seek remedies as provided in general law. Actions for damages may be sought by an aggrieved party.