Historic: Florida Enacts Groundbreaking legislation Against CBDCs

2023-05-23, 08:10

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Florida was the first state in the United States to pass a law that restricts the use of CBDCs.

Florida Governor Ron DeSantis has criticized CBDCs for threatening the decentralized nature of cryptocurrencies and infringing on the privacy of consumers.

Most states in the United States have different crypto legislation.

**Keywords**: crypto regulation, crypto adoption, crypto legislation, CBDC, central bank digital currency
## Introduction
The crypto sector in the United States is undergoing regulatory uncertainty with some Federal States enacting their own laws. There is also a strong debate whether or not the Federal government should develop the central bank digital currency (CBDC).  This article discusses the enactment of legislation by the State of Florida against the adoption and use of CBDCs in its area of jurisdiction. 
## The United States State of Florida enacts legislation against CBDC
Florida Governor Ron DeSantis signed a bill which restricts the adoption and use of the United States CBDC or any other national central bank digital currencies in the state of Florida. According to the Governor, this bill aims to safeguard the financial security of Florida and helps to raise awareness of  risks of CBDCs to consumers and state economies.

Florida’s lawmakers crafted and passed the bill at the request of the governor and within the dictates of Florida’s Uniform Commercial Code (UCC). As a result, Florida is the first state to pass a bill against the adoption and use of CBDCs.
![](https://gimg2.gateimg.com/image/article/16848292631.png)
Florida Governor Ron DeSantis - Blockworks

Another notable thing is that Bill HB 7049 that prohibits the use of CBDC in the state was approved by 116 lawmakers while only 1 opposed it. The bill was also approved by 35 out of the 39 Florida Senators. Therefore, it was almost unanimously passed into law since only 5 people from both houses opposed it. There are several Republican critics who share the same sentiment against [CBDCs](https://www.gate.io/learn/articles/what-are-central-bank-digital-currencies/363 "CBDCs") as Florida Governor Ron DeSantis. 
## CBDC Policy a center of focus as the 2024 Presidential Elections Approach
Several potential presidential elections candidates like Robert F. Kennedy Jr., a Democrat and Republican Vivek Ramaswamy as well as Senator Ted Cruz of Texas, share similar views on CBDCs as Florida Governor Ron DeSantis.

Posting on his Twitter account, the presidential aspirant, Robert F. Kennedy Jr said, “We should be wary since CBDCs are the ultimate mechanisms for social surveillance and control.” He was commenting on the possible introduction of FedNow, which many analysts presume to be a precursor of a Fed CBDC.

Kennedy Jr added, “Cryptocurrencies like <a href="/price/bitcoin-btc" target="_blank" class="blog_inner_link">Bitcoin</a> give the public an escape route from the splatter zone when this bubble invariably bursts. So the White House is colluding with the banksters to keep us all trapped in the bubble of profiteering and control.”

**Related news: [Australia Pushes a Private Bill to Streamline Crypto Regulation](https://www.gate.io/blog_detail/2599/private-bill-streamline-crypto-regulation-australia "Australia Pushes a Private Bill to Streamline Crypto Regulation")**

The other possible presidential candidate, Republican Vivek Ramaswamy, showed similar sentiments against CBDCs. He [tweeted](https://twitter.com/VivekGRamaswamy/status/1635604533526052864 "tweeted"), “Every GOP candidate needs a clear answer to CBDCs: hell no.”

Apart from these leading politicians there are other well-known figures that are against the introduction of the CBDC in the United States. As an example, Senator Ted Cruz of Texas introduced a bill that would prohibit the Federal Reserve from unilaterally launching a CBDC.

[Sen Cruz said](https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-introduces-legislation-to-prohibit-the-fed-from-establishing-a-central-bank-digital-currency "Sen Cruz said"), “The federal government has no authority to unilaterally establish a central bank currency. This bill goes a long way in making sure big government doesn’t attempt to centralize or control cryptocurrency and instead, allows it to thrive in the United States. We should be empowering entrepreneurs, enabling innovation, and increasing individual freedom—not stifling it.”
## Reasons for harsh stance against CBDCs
The main reason why many politicians and prominent people are against the Federal CBDC is that it will infringe on the privacy of the citizens. Governor Ron DeSantis voiced that concern.

In a [press release he said](https://www.flgov.com/2023/03/20/governor-ron-desantis-announces-legislation-to-protect-floridians-from-a-federally-controlled-central-bank-digital-currency-and-surveillance-state/ "press release he said"), “The Biden administration’s efforts to inject a Centralized Bank Digital Currency is about surveillance and control... Once they then have the ability to run a central bank digital currency, they’re going to be able to have the window into what you’re doing with the money and have the ability to control where that money is going.”

In stressing the importance of Florida’s bill against CBDCs he added, “Today’s announcement will protect Florida consumers and businesses from the reckless adoption of a ‘centralized digital dollar’ which will stifle innovation and promote government-sanctioned surveillance. Florida will not side with economic central planners; we will not adopt policies that threaten personal economic freedom and security.”

Governor DeSantis also believes that CBDCs are a big threat to the crypto ecosystem. According to him and other anti-CBDC proponents, central bank digital currencies are meant to undermine the decentralized nature of cryptocurrencies.

**Related news: [G7 sets Out to Strengthen Crypto Regulations](https://www.gate.io/ru/blog_detail/2564/g7-sets-out-to-strengthen-crypto-regulations "G7 sets Out to Strengthen Crypto Regulations")**
## Cryptocurrency regulations in federal states
There are several laws that govern digital assets like cryptocurrencies in the United States. However, the different states can have their additional regulations. For example, The Bank Secrecy Act (BSA) as well as The Commodity Exchange Act (CEA) and Securities Exchange Act apply in all states in the country.

It is important to note that digital assets are legal in all states in the United States. The main differences pertain to certain aspects such as licensing procedures of the digital assets. Specifically, the key issue that differs among the states relates to  businesses that deal with digital assets rather than the consumers.

**Read also: [Countries that Lead in Blockchain Adoption](https://www.gate.io/uk/blog_detail/2563/countries-that-lead-in-blockchain-adoption "Countries that Lead in Blockchain Adoption") **

Let’s compare crypto legislation in a few states to show their different nature. In Alabama businesses that intend to offer crypto services and products should get licenses required for issuing and selling payment instruments.

On the other hand, California’s Department of Financial Protection and Innovation has no clear regulation that governs digital currency transmission, although it has its California’s Money Transmission Act.

Notably, the state of Illinois’ definition of money transmission does not mention digital assets like cryptocurrencies in any way. However, the guidance for the registration of digital currency businesses comes from the Department of Financial and Professional Regulation.

According to the state of Indiana, crypto businesses do not need to get licenses or register before starting their operations. Also, its definition of money transmission does not mention digital currencies at all.

These few examples have shown that states in the United States have different legal requirements for the registration and licensing of crypto businesses.

**Read also: [Is Bitcoin A Good Choice Under Perennial Inflation?](https://www.gate.io/ru/blog_detail/2359/is-bitcoin-a-good-choice-under-perennial-inflation "Is Bitcoin A Good Choice Under Perennial Inflation?")**
## Conclusion 
Recently, the State of Florida enacted legislation against the adoption of CBDCs which the  Federal government may approve. The fear of the law makers is that the CBDCs enable the government to infringe the privacy of the consumers. They also believe that the use of CBDCs can undermine the decentralized nature of cryptocurrencies.

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<div>Author:** Mashell C.**, Gate.io Researcher
<div class="info-tips">\*This article represents only the views of the researcher and does not constitute any investment suggestions.
<div>\*Gate.io reserves all rights to this article. Reposting of the article will be permitted provided Gate.io is referenced. In all cases, legal action will be taken due to copyright infringement.
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