Meeting Packet — Business & Professions Subcommittee (January 15, 2020)

Summary

Meeting packet for the Business & Professions Subcommittee, Wednesday, January 15, 2020, 1:00 PM to 3:00 PM in Webster Hall (212 Knott). The agenda and notice list HB 3 by Grant, HB 343 by Fetterhoff, HB 401 by Jacobs, HB 459 by Overdorf, HB 469 by Duggan, HB 511 by Fine and HB 689 by Rodriguez. The staff analysis says HB 3 expressly preempts the licensing of occupations to the state, with licensing adopted prior to July 1, 2020 continuing to be effective until July 1, 2022, and has an effective date of July 1, 2020. It says the bill may have an indeterminate fiscal impact on local governments. An amendment summary for HB 689 concerns the definition of "delinquent" for condominium board candidates.

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Business & Professions Subcommittee
VVednesday,January15,2020
1:00 PM - 3:00 PM
VVebster Hall (212 Knott)

Meeting Packet

Jose Oliva Heather Fitzenhagen
Speaker Chair
The Florida House of Representatives
Commerce Committee
Business & Professions Subcommittee

Jose Oliva Heather Fitzenhagen
Speaker Chair

AGENDA

\Vednesday,JanuarylS,2020
\Vebster Hall (212 Knott)
1:00 PM-3:00 PM

I. Call to Order & Roll Call

II. Welcoming Remarks

III. Consideration of the following bills(s):
HB 3 by Grant, M
Preemption of Local Occupational Licensing

HB 343 by Rep. Fetterhoff
Recreational Vehicles

HB 401 by Rep. Jacobs
Shark Fins

HB 459 by Rep. Overdorf
Building Design

HB 469 by Rep. Duggan
Real Estate Conveyances

HB 511 by Rep. Fine
Insulation Products

HB 689 by Rep. Rodriguez, A.
Department of Business and Professional Regulation

IV. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
(AMENDED 1/13/2020 5:02:SSPM)
Amended(1)

Business & Professions Subcommittee

Start Date and Time: Wednesday, January 15, 2020 01:00 pm

End Date and Time: Wednesday, January 15, 2020 03:00 pm

Location: Webster Hall (212 Knott)
Duration: 2.00 hrs

Consideration of the following bill(s):

HB 3 Preemption of Local Occupational Licensing by Grant, M.
HB 343 Recreational Vehicles by Fetterhoff
HB 401 Shark Fins by Jacobs
HB 459 Building Design by Overdorf
HB 469 Real Estate Conveyances by Duggan
HB 511 Insulation Products by Fine
HB 689 Department of Business and Professional Regulation by Rodriguez, A.

Pursuant to rule 7.11, the deadline for amendments to bills on the agenda by non-appointed members shall
be 6:00 p.m., Tuesday, January 14, 2020.

By request of Chair Fitzenhagen, all Business & Professions Subcommittee members are asked to have
amendments to bills on the agenda submitted to staff by 6:00 p.m., Tuesday, January 14, 2020.

NOTICE FINALIZED on 01/13/2020 5:02PM by Rigas.Amanda

01/13/2020 5:02:57PM Leagis ® Page 1 of 1
I
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(,.)
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 3 Preemption of Local Occupational Licensing
SPONSOR(S): Grant, M.
TIED BILLS: IDEN./SIM. BILLS: SB 1336

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Wright

2) State Affairs Committee

3) Commerce Committee

SUMMARY ANALYSIS

The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law. Those counties
operating under a county charter have all powers of self-government not inconsistent with general law or
special law approved by vote of the electors. Likewise, municipalities have governmental, corporate, and
proprietary powers that enable them to conduct municipal government, perform functions, provide services,
and exercise any power for municipal purposes, except as otherwise provided by law.

General law directs a number of state agencies and licensing boards to regulate many professions and
occupations. General law can also authorize or preempt local regulation of professions and occupations, which
is typically done specifically and individually by subject matter, business type, or occupation.

The bill expressly preempts the licensing of occupations to the state and supersedes any local government
licensing of occupations. However, any licensing of occupations adopted prior to July 1, 2020, will continue to
be effective until July 1, 2022, at which time it will expire. Any licensing of occupations authorized by general
law is exempt from the preemption.

The bill specifically prohibits local governments from requiring a license for a person whose job scope does not
substantially correspond to that of a contractor or journeyman type licensed by the Construction Industry
Licensing Board, within the Department of Business and Professional Regulation, and specifically precludes
local governments from requiring a license for: painting, flooring, cabinetry, interior remodeling, driveway or
tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing,
caulking, canvas awning installation, and ornamental iron installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the plumping,
pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades, which is the
current practice by counties and municipalities. Local journeyman licensing is exempt from the preemption in
the bill.

The bill does not appear to have a fiscal impact on the state, but may have an indeterminate fiscal impact on
local governments.

The bill has an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Local Government Authority

Likewise, municipalities 3 have those governmental, corporate, and proprietary powers that enable them
to conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law. 4

A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary. Special districts are created by general law, 5 special act, 6
local ordinance, 7 or by rule of the Governor and Cabinet. 8 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district's charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county. 9

A "dependent special district" is a special district where the membership of the governing body is
identical to the governing body of a single county or municipality, all members of the governing body
are appointed by the governing body of a single county or municipality, members of the district's
governing body are removable at will by the governing body of a single county or municipality, or the
district's budget is subject to the approval of the governing body of a single county or municipality. 10 An
"independent special district" is any district that is not a dependent special district. 11

1
Art. VIII, s. 1(f), Fla. Const.
2 Art. VIII, s. 1(g), Fla. Const.
3
A municipality is a local government entity created to perform functions and provide services for the particular benefit of the population
within the municipality, in addition to those provided by the county. The term "municipality" may be used interchangeably with the terms
"town," "city," and "village."
4 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
5
Section 189.031 (3), F.S.
6 Id.
7 S. 189.02(1), F.S.
8 S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
9 2018- 2020 Local Gov't Formation Manual, p. 62,

https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&Committeeld=3025&Session=2019&D
ocumentType=General%20Publications&FileName=2018-2020%20Local%20Govemment°/o20Formation%20Manual%20Final.pdf
(last visited Dec 19, 2019).
10 S. 189.012(2), F.S.
11
S. 189.012(3), F.S.
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Revenue Sources Authorized in the Florida Constitution 12

The Florida Constitution limits the ability of local governments to raise revenue for their operations. The
Florida Constitution provides:

No tax shall be levied except in pursuance of law. No state ad valorem taxes 13
shall be levied upon real estate or tangible personal property. All other forms of
taxation shall be preempted to the state except as provided by general law. 14

Counties, school districts, and municipalities shall, and special districts may, be
authorized by law to levy ad valorem taxes and may be authorized by general
law to levy other taxes, for their respective purposes, except ad valorem taxes on
intangible personal property and taxes prohibited by this constitution. 15

However, not all local government revenue sources are taxes requiring general law authorization.
When a county or municipal revenue source is imposed by ordinance, the question is whether the
charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of the
assessment or fee by ordinance is within the constitutional and statutory home rule powers of county
and municipal governments. If the charge is not a valid assessment or fee, it is deemed a revenue
source requiring general law authorization.

Revenue Sources Based on Home Rule Authority

Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
special assessments to pay the cost of providing a facility or service or regulating an activity. A
regulatory fee should not exceed the regulated activity's cost and is generally required to be applied
solely to the regulated activity's cost for which the fee is imposed. 16

Preemption

State preemption precludes a local government from exercising authority in a particular area, and
requires consistency with the state constitution or state statute. 17 A local government enactment may
be found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
state or (2) the local regulation conflicts with a state statute. 18

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 19 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. 20 When local ordinances have
been enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 21

12 The Florida Legislature, Office of Economic and Demographic Research, 2019 Local Government Financial Information Handbook, p.

1, http://edr.state.fi. us/Content/local-govemment/reports/lgfih 19 .pdf (Jan. 8, 2020).
13
"Ad valorem tax" means a tax based upon the assessed value of property." Section 192.001(1), F.S.
14
Art. VII, s. 1(a), Fla. Const.
15
Art. VII, s. 9(a), Fla. Const.
16 EDR, supra note 12, at 9.
17
James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92
(June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-
analysis/ (last visited Jan 8, 2020).
18 Id.
19
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
2o Mulligan, 934 So. 2d at 1243.
21
See, e.g., Nat'/ Rifle Ass'n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
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Implied preemption is a legal doctrine created to address those situations in which the courts may have
been concerned by the legislature's failure to expressly preempt areas which, for all intents and
purposes, seemed dominated by the state. Findings of implied preemption are for a very narrow class
of areas in which the state has legislated pervasively. 22

Professions and Occupations

General law directs a number of state agencies and licensing boards to regulate certain professions
and occupations. For example, the Department of Business and Professional Regulation (DBPR)
currently regulates approximately 25 professions and occupations. 23

General law determines whether local governments are able to regulate occupations and businesses,
and to what degree. 24 If state law preempts regulation for an occupation, then, generally, local
governments may not regulate that occupation. 25 For example, Florida law currently preempts local
regulation with regard to the following:
• assessing local fees associated with providing proof of licensure as a contractor, , or providing,
recording, or filing evidence of worker's compensation insurance coverage by a contractor; 26
• assessing local fees and rules regarding low-voltage alarm system projects; 27
• tobacco and nicotine products; 28
• firearms, weapons, and ammunition; 29
• employment benefits; 30
• polystyrene products; 31
• public lodging establishments and public food service establishments; 32 and
• disposable plastic bags. 33

Conversely, Florida law also specifically grants local jurisdictions the right to regulate businesses,
occupations and professions in certain circumstances. 34 For example, Florida law specifically
authorizes regulations relating to:
• zoning and land use;
• the levy of "reasonable business, professional, and occupational regulatory fees, commensurate
with the cost of the regulatory activity, including consumer protection, on such classes of
businesses, professions, and occupations, the regulation of which has not been preempted by
the state or a county pursuant to a county charter"; 35
• the levy of local business taxes; 36
• building code inspection fees; 37
• tattoo establishments; 38
• massage practices; 39

22
Wolf and Bolinder, supra note 17.
23
S. 20.165, F.S.
24
Art. VIII, s. 1(f), Fla. Const.; Art. VII, s. 9(a), Fla. Const.; Art. VIII, s. 2(b), Fla. Const.; s. 166.021(1), F.S.
25
Id.; Wolf and Bolinger, supra note 17.
2s S. 553.80(7)(d), F.S.
21 S. 489.503(14), F.S.
28 Ch. 569, F.S., ands. 386.209, F.S.
29 S. 790.33(1), F.S.
30 S. 218.077, F.S.
31
S. 500.90, F.S.
32 S. 509.032, F.S.
33 S. 403.7033, F.S.
34
Supra note 25.
35
S. 166.221, F.S.
36
Ch. 205, F.S.
37
S. 166.222, F.S.
38 S. 381.00791, F.S.
39 S. 480.052, F.S.
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• child care facilities; 40
• taxis and other vehicles for hire; 41 and
• waste and sewage collection. 42

Construction Professional Licenses

Chapter 489, F.S., relates to "contracting," with part I addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and alarm
system contracting.

Construction contractors are either certified or registered by the Construction Industry Licensing Board
(GILB) housed within DBPR. The GILB consists of 18 members who are appointed by the Governor
and confirmed by the Senate. The GILB meets to approve or deny applications for licensure, review
disciplinary cases, and conduct informal hearings relating to discipline. 43

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state. 44

"Certified specialty contractors" are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
GILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
the state.

"Registered contractors" are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. 45

40 S. 402.306, F.S
4 1 S. 125.01 (1 )(n), F .S.
42 S. 125.01(1)(k), F.S.
43
S. 489.107, F.S.
44
S. 489.105, F.S.
45 S. 489.103, F.S.
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The CILB licenses the following types of contractors: 46

• Air Conditioning- Classes A, B, and C • Drywall
• Building • Demolition
• General • Gas Line
• Internal Pollutant Storage Tank Lining • Glass and Glazing
Applicator • Industrial Facilities
• Mechanical • Irrigation
• Plumbing • Marine
• Pollutant Storage Systems • Residential Pool/Spa Servicing
• Pool/Spa- Classes A, B, and C • Solar Water Heating
• Precision Tank Tester • Structure
• Residential • Swimming Pool Decking
• Roofing • Swimming Pool Excavation
• Sheet Metal • Swimming Pool Finishes
• Solar • Swimming Pool Layout
• Underground Excavation • Swimming Pool Piping
• Swimming Pool Structural
• Swimming Pool Trim
• Tower

Current law provides that local jurisdictions may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
registered contractors licensed in their jurisdiction. 47 Local jurisdictions are not barred from issuing and
requiring construction licenses that are outside the scope of practice for a certified contractor or
certified specialty contractor, such as painting and fence erection licenses. Local governments may
only collect licensing fees that cover the cost of regulation. 48

Locally registered contractors that are required to hold a contracting license to practice their profession
in accordance with state law must register with DBPR after obtaining a local license. However, persons
holding a local construction license whose job scope does not substantially correspond to the job scope
of a certified contractor or a certified specialty contractor are not required to register with DBPR. 49

Electrical contractors, alarm system contractors, and electrical specialty contractors are certified or
registered under the ECLB. Certified contractors can practice statewide and are licensed and regulated
by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may only
practice within that locality. 50

Electrical contractors are contractors who have the ability to work on electrical wiring, fixtures,
appliances, apparatus, raceways, and conduits which generate, transmit, transform, or utilize electrical
energy in any form. The scope of an electrical contractor's license includes alarm system work. 51

Alarm system contractors are contractors who are able to lay out, fabricate, install, maintain, alter,
repair, monitor, inspect, replace, or service alarm systems. An "alarm system" is defined as "any

46
S. 489.105(a)-(q), F.S.; Rr. 61G4-15.015-040, F.A.C.
47 Ss. 489.117, 489.131 F.S.
48 EDR, supra note 12, at 9.
49 Ss. 489.105, & 489.117(4), F .S.
50 See generally s. 489.505, F.S.
51 Ss. 489.505(12), & 489.537(7), F.S.

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electrical device, signaling device, or combination of electrical devices used to signal or detect a
burglary, fire, robbery, or medical emergency." 52

Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
phase of electrical contracting, such as electrical signs. The ECLB creates electrical certified specialty
contractor licenses through rulemaking. Certified electrical specialty contractors can practice statewide.
The ECLB has created the following certified specialty contractor licenses:
• Lighting maintenance specialty contractor;
• Sign specialty electrical contractor;
• Residential electrical contractor;
• Limited energy systems specialty contractor; and
• Utility line electrical contractor. 53

Journeyman

A journeyman is a skilled worker in a building trade or craft. There is no state requirement for licensure
as a journeyman, but the construction and electrical contractor practice acts account for the fact that
counties and municipalities issue journeyman licenses. A person with a journeyman license must
always work under the supervision of a licensed contractor, but the state does not regulate journeymen
activities or issue journeymen licenses. 54

However, ch. 489, F.S., allows tradesman to be licensed as a journeyman in one local jurisdiction and
work in multiple jurisdictions without having to take another examination or pay an additional licensing
fee to qualify to work in the other jurisdictions (county or municipality). Specifically, s. 489.1455(1) of
part I, F.S., specifies:
• An individual who holds a valid, active journeyman license in the plumbing/pipe fitting,
mechanical, or HVAC trades issued by any county or municipality in this state may work as a
journeyman in the trade in which he or she is licensed in any county or municipality of this state
without taking an additional examination or paying an additional license fee.

The statutory criteria for licensure reciprocity between local jurisdictions for journeymen include: 55
• scoring at least 75 percent on an approved proctored examination for that construction trade;
• completing a registered apprenticeship program and demonstrating verifiable practical
experience in the particular trade;
• completing coursework approved by the Florida Building Commission specific to the discipline;
and
• not having a license suspended or revoked within the last 5 years.

Effect of the Bill

The bill defines the following terms:
• "Local government" means a county, municipality, special district, or political subdivision of the
state.
• "Occupation" means a paid job, profession, work, line of work, trade, employment, position,
post, career, field, vocation, or craft.
• "Licensing" means any training, education, test, certification, registration, procedure, or license
that is required for a person to perform an occupation along with any associated fee.

The bill expressly preempts occupational licensing to the state. This preemption supersedes any local
government licensing requirement of occupations unless:

52 S. 489.505(1)-(2), F.S.
53 S. 489.505(19), & 489.511(4), F.S; Rule 61G6-7.001, F.A.C.
54 Ss. 489.103, 489.1455, 489.503, & 489.5335, F.S.
55 S. 489.1455, F.S. A similar reciprocity option applies to journeyman in the electrical trades. S. 489.5335, F.S.
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• the licensing of occupations by local governments is authorized by general law; or
• the local licensing scheme for an occupation was imposed before July 1, 2020. However, any
such local licensing scheme expires on July 1, 2022.

The bill prohibits local governments that license an occupation that qualifies for the exemption until July
1, 2022, from imposing additional licensing requirements on that occupation and from modifying such
licensing.

The bill provides that any local licensing of an occupation not authorized under the provisions of the bill
or otherwise authorized by general law does not apply and may not be enforced.

The bill provides that the preemption applies to licensing that is outside the scope of state contractor
licensing provisions. Specifically, it provides that a county or municipality may not require a license for a
person whose job scope does not substantially correspond to a contractor category licensed by the
CIL8. The bill specifically precludes counties and municipalities from requiring a license for certain job
scopes, including, but not limited to, painting, flooring, cabinetry, interior remodeling, driveway or tennis
court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing,
caulking, canvas awning installation, and ornamental iron installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the
plumping, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades,
which is the current practice by counties and municipalities. Therefore, local journeyman licensing is
exempt from the preemption in the bill.

8. SECTION DIRECTORY:
Section 1 creates s. 163.21, F.S., relating to licensing of occupations preempted to the state.

Section 2 amends s. 489.117, F.S., relating to registration; specialty contractors.

Section 3 amends s. 489.1455, F.S., relating to journeyman; reciprocity; standards.

Section 4 amends s. 489.5335, F.S., relating to journeyman; reciprocity; standards.

Section 5 provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will have an indeterminate positive impact on the private sector. Workers may have to pay less
in licensing and examination fees in some local jurisdictions. There may be an increase in the number
of people in the workforce practicing their chosen professions.

D. FISCAL COMMENTS:
The fiscal impact of the bill on local governments is indeterminate.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 3 2020

1 A bill to be entitled
2 An act relating to preemption of local occupational
3 licensing; creating s. 163.21, F.S.; providing
4 definitions; preempting licensing of occupations to
5 the state; providing exceptions; prohibiting local
6 governments from imposing additional licensing
7 requirements or modifying licensing unless specified
8 conditions are met; specifying that certain local
9 licensing that does not meet specified criteria does
10 not apply and may not be enforced; amending s.
11 489.117, F.S.; specifying that certain specialty
12 contractors are not required to register with the
13 Construction Industry Licensing Board; prohibiting
14 local governments from requiring certain specialty
15 contractors to obtain a license under specified
16 circumstances; specifying job scopes for which a local
17 government may not require a license; amending ss.
18 489.1455 and 489.5335, F.S.; authorizing counties and
19 municipalities to issue certain journeyman licenses;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 163.21, Florida Statutes, is created to
25 read:

Page 1 of 6

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 3 2020

26 163.21 Licensing of occupations preempted to state.-
27 (1) DEFINITIONS.-As used in this section:
28 (a) "Licensing" means any training, education, test,
29 certification, registration, procedure, or license that is
30 required for a person to perform an occupation in addition to
31 any associated fee.
32 (b) "Local government" means a county, municipality,
33 special district, or political subdivision of the state.
34 (c) "Occupation" means a paid job, profession, work, line
35 of work, trade, employment, position, post, career, field,
36 vocation, or craft.
37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.-The
38 licensing of occupations is expressly preempted to the state and
39 this section supersedes any local government licensing
40 requirement of occupations with the exception of the following:
41 (a) Any local government that imposed licenses on
42 occupations before July 1, 2020. However, any such local
43 government licensing of occupations expires on July 1, 2022.
44 (b) Any local government licensing of occupations
45 authorized by general law.
46 (3) EXISTING LICENSING LIMIT.-A local government that
47 licenses occupations and retains such licensing as set forth in
48 paragraph (2) (a) may not impose additional licensing
49 requirements on that occupation or modify such licensing.
50 (4) LOCAL LICENSING NOT AUTHORIZED.-Local licensing of an

Page 2 of 6

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HB 3 2020

51 occupation that is not authorized under this section or
52 otherwise authorized by general law does not apply and may not
53 be enforced.
54 Section 2. Paragraph (a) of subsection (4) of section
55 489.117, Florida Statutes, is amended to read:
56 489.117 Registration; specialty contractors.-
57 (4) (a) A person holding a local license whose job scope
58 does not substantially correspond to either the job scope of one
59 of the contractor categories defined ins. 489.105(3) (a)-(o), or
60 the job scope of one of the certified specialty contractor
61 categories established by board rule, is not required to
62 register with the boa~d to perform contracting activities within
63 the scope of such specialty license. A local government, as
64 defined ins. 163.21(1), may not require a person to obtain a
65 license for a job scope which does not substantially correspond
66 to the job scope of one of the contractor categories defined in
67 s. 489.105(3) (a)-(o) and (q) or authorized ins. 489.1455(1).
68 For purposes of this section, job scopes for which a local
69 government may not require a license include, but are not
70 limited to, painting, flooring, cabinetry, interior remodeling,
71 driveway or tennis court installation, decorative stone, tile,
72 marble, granite, or terrazzo installation, plastering,
73 stuccoing, caulking, canvas awning, and ornamental iron
74 installation.
75 Section 3. Section 489.1455, Florida Statutes, is amended

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HB 3 2020

76 to read:
77 489.1455 Journeyman; reciprocity; standards.-
78 (1) Counties and municipalities are authorized to issue
79 journeyman licenses in the plumbing, pipe fitting, mechanical,
80 or HVAC trades.
81 lll_-f-±+ An individual who holds a valid, active journeyman
82 license in the plumbing, pipe fitting plmRbing/pipe fitting,
83 mechanical, or HVAC trades issued by any county or municipality
84 in this state may work as a journeyman in the trade in which he
85 or she is licensed in any county or municipality of this state
86 without taking an additional examination or paying an additional
87 license fee, if he or she:
88 (a) Has scored at least 70 percent, or after October 1,
89 1997, at least 75 percent, on a proctored journeyman Block and
90 Associates examination or other proctored examination approved
91 by the board for the trade in which he or she is licensed;
92 (b) Has completed an apprenticeship program registered
93 with a registration agency defined in 29 C.F.R. s. 29.2 and
94 demonstrates 4 years' verifiable practical experience in the
95 trade for which he or she is licensed, or demonstrates 6 years'
96 verifiable practical experience in the trade for which he or she
97 is licensed;
98 (c) Has satisfactorily completed specialized and advanced
99 module coursework approved by the Florida Building Commission,
100 as part of the building code training program established ins.

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101 553.841, specific to the discipline or, pursuant to
102 authorization by the certifying authority, provides proof of
103 completion of such coursework within 6 months after such
104 certification; and
105 (d) Has not had a license suspended or revoked within the
106 last 5 years.
107 (3)-R-+- A local government may charge a registration fee
108 for reciprocity, not to exceed $25.
109 Section 4. Section 489.5335, Florida Statutes, is amended
110 to read:
111 489.5335 Journeyman; reciprocity; standards.-
112 (1) Counties and municipalities are authorized to issue
113 journeyman licenses in the electrical and alarm system trades.
114 J1.l-t±+ An individual who holds a valid, active journeyman
115 license in the electrical or alarm system trade issued by any
116 county or municipality in this state may work as a journeyman in
117 the trade in which he or she is licensed in any other county or
118 municipality of this state without taking an additional
119 examination or paying an additional license fee, if he or she:
120 (a) Has scored at least 70 percent, or after October 1,
121 1997, at least 75 percent, on a proctored journeyman Block and
122 Associates examination or other proctored examination approved
123 by the board for the electrical trade in which he or she is
124 licensed;
125 (b) Has completed an apprenticeship program registered

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126 with a registration agency defined in 29 C.F.R. s. 29.2 and
127 demonstrates 4 years' verifiable practical experience in the
128 electrical trade for which he or she is licensed, or
129 demonstrates 6 years' verifiable practical experience in the
130 electrical trade for which he or she is licensed;
131 (c) Has satisfactorily completed specialized and advanced
132 module coursework approved by the Florida Building Commission,
133 as part of the building code training program established ins.
134 553.841, specific to the discipline 7 or, pursuant to
135 authorization by the certifying authority, provides proof of
136 completion of such curriculum or coursework within 6 months
137 after such certification; and
138 (d) Has not had a license suspended or revoked within the
139 last 5 years.
140 Jl.l-f-2-+- A local government may charge a registration fee
141 for reciprocity, not to exceed $25.
142 Section 5. This act shall take effect July 1, 2020.

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BUSINESS & PROFESSIONS SUBCOMMITTEE

HB 3 by Rep. Grant, M.
Preemption of Local Occupational Licensing

AMENDMENT SUMMARY
January 15, 2020

Amendment 1 by Rep. Grant, M. (Line 29):

The amendment clarifies the definition for "licensing."
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 3 (2020)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Business & Professions
2 Subcommittee
3 Representative Grant, M. offered the following:
4
5 Amendment
6 Remove line 29 and insert:
7 certification, registration, or license that is

766233 - h0003-line29.docx
Published On: 1/14/2020 6:30:55 PM
Page 1 of 1
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 343 Recreational Vehicles
SPONSOR(S): Fetterhoff
TIED BILLS: IDEN./SIM. BILLS: SB 422

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Anstead cfo.,
2) State Affairs Committee

3) Commerce Committee

SUMMARY ANALYSIS
The Department of Agriculture and Consumer Services (DACS) Bureau of Compliance is the primary agency
charged with the regulation of the liquefied petroleum (LP) gas industry, and ensuring that persons engaged in
the LP gas industry are trained and compliant with acceptable safety codes and standards statewide.

Prior to 2018, in order to refill, repair, or replace propane gas and equipment on recreational vehicles (RVs) in
Florida, a category IV LP gas dispenser and recreational vehicle servicers license (RV dealers/installers) was
required.

Effective July 2018, the category IV LP gas dispenser and recreational vehicle servicer license, which included
RV dealers/installers, was consolidated under the requirements of other similar LP gas license types (category
I dealer, category II dispenser, and category V installer). Thus, in order to continue to operate, LP gas RV
dealers/installers were required to obtain a license in one or more of the other categories, depending on their
business.

The bill:
• Creates a separate LP gas-related license category for RV dealers/installers ("category VII liquefied
petroleum gas dispenser and recreational vehicle servicer");
• Makes it unlawful to practice in this category without a license; and
• Requires applicants for licensure to:
o Submit an examination fee; and
o Pass a competency examination with a grade of 70 percent or above in each area tested.

The bill also allows DACS to contract with a trade association representing LP gas-related businesses for the
training and examinations for category I, II, V, and VII applicants.

The bill is not expected to have a significant fiscal impact on state government.

The effective date of the bill is July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0343.BPS.D0CX
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Liquefied Petroleum Gas

The Department of Agriculture and Consumer Services (DACS) Bureau of Compliance is the primary
agency charged with regulating the liquefied petroleum (LP) gas industry, including licensing,
inspection, training, and examination requirements, in accordance with ch. 527, F.S. These
responsibilities enable DACS to ensure that those persons engaged in LP gas-related business
activities in this state are trained and that compliance with acceptable safety codes and standards is
achieved statewide. 1

LP gas is defined in statute as any material composed predominantly of any of the following
hydrocarbons, or mixtures of the same:
• Propane;
• Propylene;
• Butanes (normal butane or isobutane); and
• Butylenes. 2

Propane, the most widely used LP gas, is an energy source for hotels, restaurants, schools, hospitals,
nursing homes, universities, private homes, recreational vehicles, agricultural and industrial facilities,
and is used as an alternative fuel for vehicles. 3

Business Licenses

Current law provides licensing requirements for businesses that engage in certain LP gas-related
activities, including sales, installations, service and repair work, manufacture of equipment, and other
miscellaneous activities. DACS is required to license applicants that it determines to be competent,
qualified, and trustworthy. Violations for willfully operating without a license is a third degree felony.

The license categories and associated fees are as follows:
License Fee
License Categories Per Year
Category I LP gas
dealer $400

Category II LP gas
dispenser $400

Category 111 LP
gas cylinder
exchange unit
operator $65

1
Florida Department of Agriculture and Consumer Services, Safe Dispensing of Propane, Propane Dispensing Unit Operator
Training Manual, https://www.fdacs.gov/content/download/78592/file/Safe-Dispensing-of-Propane-Manual.pdf (last visited Nov. 23,
2019).
2
S. 527.01(1), F.S.
3
Florida Department of Agriculture and Consumer Services, supra note 1, at 4.
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License Fee
License Categories Per Year

Category IV
dealer in appliances
and equipment $65

Category V
LP gas installer $200

Category VI
miscellaneous operator $2004

Licensees may elect to renew their license annually, biennially, or triennially, and are required to meet
the same requirements and conditions, including fee amounts, for each licensed year. An expired
license will become inoperative, and the fee for restoration of an expired license is equal to the original
license fee, and must be paid before the licensee is allowed to resume operations. 5

Training and Examinations

DACS is responsible for enforcing reasonable standards of competency, including, but not limited to,
the training, licensure, testing, and qualifying of persons participating in the LP gas industry. 6 DACS is
also authorized to adopt rules that are: 7
• In the interest of public health, safety, and welfare and to promote the safe handling of LP gas,
equipment, and systems; and
• Reasonably necessary to assure the competence of persons to safely engage in the business
of LP gas.

According to the DACs website, training is required for all employees of an LP gas-related business,
and refresher training must be conducted at three-year intervals. 8

In addition, any person applying for a license to engage in category I dealer, category II dispenser, or
category V installer activities must prove competency by passing a written examination administered by
DACS or its agent. 9

Qualifiers

Each category I dealer, category II dispenser, or category V installer licensee is required to employ a
full-time employee who has received a qualifier certificate from DACS. Qualifiers are required to
function in a supervisory capacity, and a separate qualifier must be present for every 10 employees.

An applicant for a qualifier certificate must:
• Be employed by a category I dealer, category II dispenser, or category V installer licensee;
• Submit to DACS a nonrefundable $20 examination fee; and
• Pass a competency examination with a grade of 70 percent or above in each area tested.

4
S. 527.02, F.S.
5
S. 527.03, F.S.
6
S. 527.055(1)(b), F.S.
7
S. 527.06
8
Florida Department of Agriculture and Consumer Services, LP Gas Training, htt_ps://www.fdacs.gov/Business-Services/LP-Gas-
Inspection/LP-Gas-Training (last visited Nov. 23, 2019).
9
S. 527.0201(1), F.S.
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Qualifier registration expires three years after the date of issuance. Qualifiers must renew their
qualification 30 calendar days before expiration, upon:
• Application to DACS;
• Payment of a $20 renewal fee; and
• Documentation of the completion of a minimum of 16 hours of approved continuing education
courses, as defined by DACS rule, during the previous three-year period.

Persons failing to renew before the expiration date must reapply and take a qualifier competency
examination in order to reestablish qualifier status. 10

Master Qualifiers

In addition to the qualifier requirements, each category I dealer and category V installer licensee is
required to have a manager, owner, or employee at each licensed location who has received a master
qualifier certificate from DACS. The master qualifier must be a manager, owner or someone otherwise
primarily responsible for overseeing the operations of the licensed location and must provide
documentation to DACS.

An applicant for a master qualifier certificate must:
• Be employed by a category I dealer or category V installer licensee;
• Submit to DACS a nonrefundable $30 examination fee.
• Have been a registered qualifier for at least three years immediately preceding the application;
and
• Pass a master qualifier competency examination with a grade of 70 percent or above in each
area tested. 11

Master qualifier registration expires three years after the date of issuance. Master qualifier registration
renewals may be renewed by submitting to DACS:
• Proof of employment;
• Payment of a $30 certificate renewal fee;
• Documentation of the completion of a minimum of 16 hours of approved continuing education
courses, as defined by department rule, during the previous three-year period. 12

Insurance

Prior to a license being issued, LP gas license applicants (other than category IV dealers in appliances
and equipment, and category Ill LP gas cylinder exchange unit operators) are required to provide
DACS with proof of bodily injury and property damage liability insurance coverage of at least $1 million.
However, the Commissioner of Agriculture is authorized to accept a $1 million bond in lieu of the
coverage requirement. 13

For a class Ill license, such coverage of at least $300,000 is required, and the Commissioner of
Agriculture is authorized to accept a bond of at least $300,000 in lieu of the requirement. 14

Recreational Vehicle Dealers or installers

Propane is widely used in recreational vehicles (RVs) to regulate temperature, cook meals, provide hot
water, and refrigerate food. Typically, motorized RVs have a fixed propane tank and towable RVs have

10
S. 527.0201(1)-(4), F.S.
II S. 527.0201(5), F.S.
12
S. 527.0201(5)(c), F.S.
13
S. 527.04(1), F.S.
14
S. 527.04(2), F.S.
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a removable propane tank. 15 In Florida, the refilling, repairing, or replacing of propane gas and
equipment must be completed by a properly trained employee of a licensed LP gas-related business. 16
These individuals are referred to by DACS as RV dealers/installers. 17

Prior to July 2018, RV dealers/installers were classified separately in Florida law as a "category IV LP
gas dispenser and recreational vehicle servicer," and were defined as:

"any person engaging in the business of operating a liquefied petroleum gas
dispensing unit for the purpose of serving liquid product to the ultimate consumer
for industrial, commercial, or domestic use, and selling or offering to sell, or
leasing or offering to lease, apparatus, appliances, and equipment for the use of
liquefied petroleum gas, and whose services include the installation, service, or
repair of recreational vehicle liquefied petroleum gas appliances and equipment."

RVs were defined as:

"a motor vehicle designed to provide temporary living quarters for recreational,
camping, or travel use, which has its own propulsion or is mounted on or towed
by another motor vehicle."

In order to engage in LP gas-related activities, category IV businesses were required to obtain
licensure from DACS by meeting all applicable requirements within the chapter of law governing the LP
gas industry, including training, examination, initial and renewal license fees, insurance coverage, and
qualifiers. 18

However, legislation passed during the 2018 Legislative Session that became effective July 2018,
resulted in the category IV license type being deleted from statute. 19 According to DACS, the changes
were sought to meet current business practices, to simplify the registration process and to streamline
the regulatory structure. DACS collaborated with the Florida LP Gas Association and other industry
leaders to modernize the LP gas statute. 20

Current Situation

Since July 2018, depending on the type of work being performed, a RV dealer/installer is now required
to obtain either a category I dealer, II dispenser, or V installer license, and meet all applicable licensing
and examination requirements in order to operate lawfully in the state. Current law does not provide a
separate LP gas license category specifically for RV dealers/installers.

According to DACS, RV dealers/installers are required to obtain a category V installer license, and if
the RV dealer/installer also dispenses LP gas, a category II dispenser license must also be obtained. In
lieu of multiple licenses, RV dealers/installers may obtain a category I dealer license that allows them to
perform both service and dispensing functions. 21

According to DACS, there are 50 licensed RV dealers/installers in the state. 22

15
Winnebago life, An Easy Guide to Finding Propane for Your RV, https://winnebagolife.com/2019/05/finding-propane-for-your-rv
(last visited Nov. 23, 2019).
16
See ch. 527, F.S.
17
Florida Department of Agriculture and Consumer Services, Agency Analysis of20l9 House Bill 343 (Oct. 21, 2019).
18
See ch. 527, F.S. (2017).
19
Ch. 2018-84, Laws ofFla.
20
Florida Department of Agriculture and Consumer Services, Agency Analysis of2018 House Bill 553, p. 9 (Nov. 21, 2017).
21
Supra note 18, p. 1 (Oct. 21, 2019).
22
Supra note 18, p. 3 (Oct. 21, 2019).
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Effect of Proposed Changes

The bill creates a separate business license category for RV dealers/installers, makes it unlawful for
such businesses to practice without a license, and requires the businesses applying for licensure to:
• Submit to DACS a nonrefundable $20 examination fee; and
• Pass a competency examination with a grade of 70 percent or above in each area tested.

The bill also provides DACS with specific authority to "contract with a not-for-profit, industry-specific
trade association to conduct the training and examinations required for this section." This would allow
DACS to contract with a trade association representing LP gas businesses for the training and
examinations required for category I, II, V, and the proposed category VII.

The bill creates the "category VII liquefied petroleum gas dispenser and recreational vehicle servicer"
LP gas license and defines these entities as:

"a person who operates a liquefied petroleum gas dispensing unit to serve liquid
product to a consumer for industrial, commercial, or domestic use, and sells or
offers to sell, or leases or offers to lease, apparatus, appliances, and equipment
for the use of liquefied petroleum gas, and whose services include the
installation, service, or repair of recreational vehicle liquefied petroleum gas
appliances and equipment."

The bill also defines an RV as:

"a motor vehicle that is designed to provide temporary living quarters for
recreational, camping, or travel use and that has its own propulsion or is
mounted on or towed by another motor vehicle."

B. SECTION DIRECTORY:
Section 1. Amending s. 527.01, F.S., defining the terms "category VII liquefied petroleum gas
dispenser and recreational vehicle servicer" and "recreational vehicle."

Section 2. Amending s. 527.0201, F.S., requiring a category VII liquefied petroleum gas dispenser
and recreational vehicle operator to pass a written examination administered by DACS
or its agent; authorizing DACS to contract with a not-for-profit, industry-specific trade
association for training and examinations.

Section 3. Amends s. 527.02, F.S., conforming a cross-reference making it unlawful for a category
VII liquefied petroleum gas dispenser and recreational vehicle servicer to operate
without a license.

Section 4. Providing an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
According to DACS, there are 50 RV dealers/installers in the state. The bill does not create a fee for
DACS to collect in order to administer the new license category. Currently, these businesses are
paying either:
• $400 for a category I license; or
• up to $600 for a combined:
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DATE: 1/13/2020
o category V LP gas installer license ($200), and
o category II LP gas dispenser license ($400).

As a result, administering the new license category will create an annual recurring negative fiscal
impact of $30,000 to state revenues. 23

2. Expenditures:
None.

8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Businesses applying for the new category VII license may save between $200 and $600 every year.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

8. RULE-MAKING AUTHORITY:
According to DACS, it would be required to adopt rules for new or revised registration forms related to
the category VII license, and create a new licensing exam. 24 It appears that sufficient rulemaking
authority exists ins. 527.06(1), F.S.

C. DRAFTING ISSUES OR OTHER COMMENTS:

Section 1 of the bill incorrectly renumbers the subsections ins. 527.01, F.S.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

23
Supra note 18, p. 3 (Oct. 21, 2019).
24 Id.
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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 343 2020

1 A bill to be entitled
2 An act relating to recreational vehicles; amending s.
3 527.01, F.S.; defining the terms "category VII
4 liquefied petroleum gas dispenser and recreational
5 vehicle servicer" and "recreational vehicle"; amending
6 s. 527.0201, F.S.; requiring a category VII liquefied
7 petroleum gas dispenser and recreational vehicle
8 operator to pass a written examination administered by
9 the department or its agent; authorizing the
10 department to contract with not-for-profit, industry-
11 specific trade associations for such examinations;
12 amending s. 527.02, F.S.; conforming a cross-
13 reference; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 527.01, Florida Statutes, is reordered
18 and amended to read:
19 527.01 Definitions.-As used in this chapter:
20 l11..l_+±-+- "Liquefied petroleum gas" means any material that
21 which is composed predominantly of any of the following
22 hydrocarbons, or mixtures of the same: propane, propylene,
23 butanes (normal butane or isobutane), and butylenes.
24 J..1..!)_-f-2+ "Person" means any individual, firm, partnership,
25 corporation, company, association, organization, or cooperative.

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26 fil+J+ "Consumer" means the person last purchasing
27 liquefied petroleum gas in its liquid or vapor state for
28 industrial, commercial, or domestic use.
29 fil+4+ "Department" means the Department of Agriculture
30 and Consumer Services.
31 Jl.§1-t-§.+ "Qualifier" means any person who has passed a
32 competency examination administered by the department and is
33 employed by a licensed category I, category II, or category V
34 business.
35 fil-t6+ "Category I liquefied petroleum gas dealer" means
36 any person selling or offering to sell by delivery or at a
37 stationary location any liquefied petroleum gas to the consumer
38 for industrial, commercial, or domestic use; any person leasing
39 or offering to lease, or exchanging or offering to exchange, any
40 apparatus, appliances, and equipment for the use of liquefied
41 petroleum gas; any person installing, servicing, altering, or
42 modifying apparatus, piping, tubing, appliances, and equipment
43 for the use of liquefied petroleum or natural gas; any person
44 installing carburetion equipment; or any person requalifying
45 cylinders.
46 ill+++- "Category II liquefied petroleum gas dispenser"
47 means any person engaging in the business of operating a
48 liquefied petroleum gas dispensing unit for the purpose of
49 serving liquid products to the consumer for industrial,
50 commercial, or domestic use, and selling or offering to sell, or

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51 leasing or offering to lease, apparatus, appliances, and
52 equipment for the use of liquefied petroleum gas, including
53 maintaining a cylinder storage rack at the licensed business
54 location for the purpose of storing cylinders filled by the
55 licensed business for sale or use at a later date.
56 m_+g+ "Category III liquefied petroleum gas cylinder
57 exchange operator" means any person operating a storage facility
58 used for the purpose of storing filled propane cylinders of not
59 more than 43.5 pounds propane capacity or 104 pounds water
60 capacity, while awaiting sale to the consumer, or a facility
61 used for the storage of empty or filled containers that which
62 have been offered for exchange.
63 J..il-f-9+ "Category IV dealer in appliances and equipment"
64 means any person selling or offering to sell, or leasing or
65 offering to lease, apparatus, appliances, and equipment for the
66 use of liquefied petroleum gas.
67 ill-t±-G-t- "Category V LP gas installer" means any person who
68 is engaged in the liquefied petroleum gas business and whose
69 services include the installation, servicing, altering, or
70 modifying of apparatus, piping, tubing, tanks, and equipment for
71 the use of liquefied petroleum or natural gas and selling or
72 offering to sell, or leasing or offering to lease, apparatus,
73 appliances, and equipment for the use of liquefied petroleum or
74 natural gas.
75 ill+±-» "Category VI miscellaneous operator" means any

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76 person who is engaged in operation as a manufacturer of LP gas
77 appliances and equipment; a fabricator, repairer, and tester of
78 vehicles and cargo tanks; a requalifier of LP gas cylinders; or
79 a pipeline system operator.
80 (7) "Category VII liquefied petroleum gas dispenser and
81 recreational vehicle servicer" means a person who operates a
82 liquefied petroleum gas dispensing unit to serve liquid product
83 to a consumer for industrial, commercial, or domestic use, and
84 sells or offers to sell, or leases or offers to lease,
85 apparatus, appliances, and equipment for the use of liquefied
86 petroleum gas, and whose services include the installation,
87 service, or repair of recreational vehicle liquefied petroleum
88 gas appliances and equipment.
89 J..1..ll~ "Manufacturer of liquefied petroleum gas
90 appliances and equipment'' means any person in this state
91 manufacturing and offering for sale or selling tanks, cylinders,
92 or other containers and necessary appurtenances for use in the
93 storage, transportation, or delivery of such gas to the
94 consumer, or manufacturing and offering for sale or selling
95 apparatus, appliances, and equipment for the use of liquefied
96 petroleum gas to the consumer.
97 J..1...21-B-3+ "Wholesaler" means any person, as defined by
98 subsection (2), selling or offering to sell any liquefied
99 petroleum gas for industrial, commercial, or domestic use to any
100 person except the consumer.

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101 (17) "Recreational vehicle" means a motor vehicle that is
102 designed to provide temporary living quarters for recreational,
103 camping, or travel use and that has its own propulsion or is
104 mounted on or towed by another motor vehicle.
105 J.lJ:U_-H:-4+ "Requalifier of cylinders" means any person
106 involved in the retesting, repair, qualifying, or requalifying
107 of liquefied petroleum gas tanks or cylinders manufactured under
108 specifications of the United States Department of
109 Transportation.
110 Jl.Ql-H:-§+ "Fabricator, repairer, and tester of vehicles and
111 cargo tanks'' means any person involved in the hydrostatic
112 testing, fabrication, repair, or requalifying of any motor
113 vehicles or cargo tanks used for the transportation of liquefied
114 petroleum gases, when such tanks are permanently attached to or
115 forming a part of the motor vehicle.
116 J..l:.21~ "Pipeline system operator" means any person who
117 owns or operates a liquefied petroleum gas pipeline system that
118 is used to transmit liquefied petroleum gas from a common source
119 to the customer and that serves 10 or more customers.
120 11.1:l+±-++ "License period" means the period 1 to 3 years
121 from the issuance of the license.
122 Section 2. Subsection (1) of section 527.0201, Florida
123 Statutes, is amended, and paragraph (c) is added to subsection
124 (2) of that section, to read:
125 527.0201 Qualifiers; master qualifiers; examinations.-

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 343 2020

126 (1) In addition to the requirements of s. 527.02, any
127 person applying for a license to engage in category I, category
128 II, e-r category V, or category VII activities must prove
129 competency by passing a written examination administered by the
130 department or its agent with a grade of 70 percent or above in
131 each area tested. Each applicant for examination shall submit a
132 $20 nonrefundable fee. The department shall by rule specify the
133 general areas of competency to be covered by each examination
134 and the relative weight to be assigned in grading each area
135 tested.
136 (2) Application for examination for competency may be made
137 by an individual or by an owner, a partner, or any person
138 employed by the license applicant. Upon successful completion of
139 the competency examination, the department shall register the
140 examinee.
141 (c) The department may contract with a not-for-profit,
142 industry-specific trade association to conduct the training and
143 examinations required by this section.
144 Section 3. Subsection (1) of section 527.02, Florida
145 Statutes, is amended to read:
146 527.02 License; penalty; fees.-
147 (1) It is unlawful for any person to engage in this state
148 in the activities defined ins. 527.01(1)-(7) o. 527.01(6) (11)
149 without first obtaining from the department a license to engage
150 in one or more of these businesses. The sale of liquefied

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hb0343-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 343 2020

151 petroleum gas cylinders with a volume of 10 pounds water
152 capacity or 4.2 pounds liquefied petroleum gas capacity or less
153 is exempt from the requirements of this chapter. It is a felony
154 of the third degree, punishable as provided ins. 775.082, s.
155 775.083, ors. 775.084, to intentionally or willfully engage in
156 any of said activities without first obtaining appropriate
157 licensure from the department.
158 Section 4. This act shall take effect July 1, 2020.

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hb0343-00
BUSINESS & PROFESSIONS SUBCOMMITTEE

HB 343 by Rep. Fetterhoff
Recreational Vehicles

AMENDMENT SUMMARY
January 15, 2020

Amendment 1 by Rep. Fetterhoff (strike-all):
• Requires the Department of Agriculture and Consumer Services (DACS) to establish by
rule the requirements for agents qualified to administer LP gas examinations;
• Requires DACS to establish by rule a specific test for the RV servicers;
• Requires DACS to ensure that test content is specific to RV servicer activities;
• Limits those who pass the specific test to only practice RV servicer activities; and
• Clarifies that "verifiable LP gas experience" or "professional certification," is required,
instead of having "been a registered qualifier," in order to be eligible to apply for
certification as a master qualifier.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 343 (2020)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Business & Professions
2 Subcommittee
3 Representative Fetterhoff offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (18) is added to section 527.01,
8 Florida Statutes, to read:
9 527.01 Definitions.-As used in this chapter:
10 ( 18) "Recreational vehicle" means a motor vehicle
11 that is designed to provide temporary living quarters for
12 recreational, camping, or travel use and that has its own
13 propulsion or is mounted on or towed by another motor vehicle.
14 Section 2. Subsections (1) and (5) of section 527.0201,
15 Florida Statutes, are amended to read:
16 527.0201 Qualifiers; master qualifiers; examinations.-
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 343 (2020)
Amendment No.

17 ( 1) In addition to the requirements of s. 527.02, any
18 person applying for a license to engage in category I, category
19 II, or category V activities must prove competency by passing a
20 written examination administered by the department or its agent
21 with a grade of 70 percent or above in each area tested. Each
22 applicant for examination shall submit a $20 nonrefundable fee.
23 _@l_ The department shall by rule specify the general areas
24 of competency to be covered by each examination and the relative
25 weight to be assigned in grading each area tested.
26 (b) The department shall by rule specify the requirements
27 for agents qualified to administer written competency
28 examinations required by this part.
29 (c) The department shall by rule establish a separate test
30 for persons applying for a license to engage in category I
31 activities solely related to the service or repair of
32 recreational vehicles. The category I recreational vehicle
33 dealer/installer test shall include and ensure competency in the
34 following activities as they relate to recreational vehicles:
35 1. Operating a liquefied petroleum gas dispensing unit to
36 serve liquid product to a consumer for industrial, commercial,
37 or domestic use;
38 2. Selling or offering to sell, or leasing or offering to
39 lease, apparatus, appliances, and equipment for the use of
40 liquefied petroleum gas; and
41 3. Installing, servicing, or repairing recreational
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 343 (2020)
Amendment No.

42 vehicle liquefied petroleum gas appliances and equipment.
43 (d) Any qualifier or master qualifier who has passed the
44 category I recreational vehicle dealer/installer test may engage
45 in category I activities solely related to the service and
46 repair of recreational vehicles.
47 (5) In addition to all other licensing requirements, each
48 category I and category V licensee must, at the time of
49 application for licensure, identify to the department one master
50 qualifier who is a full-time employee at the licensed location.
51 This person shall be a manager, owner, or otherwise primarily
52 responsible for overseeing the operations of the licensed
53 location and must provide documentation to the department as
54 provided by rule. The master qualifier requirement shall be in
55 addition to the requirements of subsection (1).
56 (a) In order to apply for certification as a master
57 qualifier, each applicant must have been a registered qualifier
58 .f.e-r- a minimum of 3 years of verifiable LP gas experience or hold
59 a professional certification by an LP gas manufacturer as
60 adopted by department rule immediately preceding submission of
61 the application, must be employed by a licensed category I or
62 category V licensee, or an applicant for such license, and must
63 pass a master qualifier competency examination administered by
64 the department or its agent. Master qualifier examinations shall
65 be based on Florida's laws, rules, and adopted codes governing
66 liquefied petroleum gas safety, general industry safety
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 343 (2020)
Amendment No.

67 standards, and administrative procedures. The applicant must
68 successfully pass the examination with a grade of 70 percent or
69 above. Each applicant for master qualifier registration must
70 submit to the department a nonrefundable $30 examination fee
71 before the examination.
72 (b) Upon successful completion of the master qualifier
73 examination, the department shall issue the examinee a master
74 qualifier registration. A master qualifier may transfer from one
75 licenseholder to another upon becoming employed by the company
76 and providing a written request to the department.
77 (c) A master qualifier registration expires 3 years after
78 the date of issuance and may be renewed by submission to the
79 department of documentation of completion of at least 16 hours
80 of approved continuing education courses during the 3-year
81 period; proof of employment; and a $30 certificate renewal fee.
82 The department shall define by rule approved courses of
83 continuing education.
84 Section 3. This act shall take effect July 1, 2020.
85
86
87 TITLE AMENDMENT
88 Remove lines 3-13 and insert:
89 527.01, F.S.; defining the term "recreational vehicle"; amending
90 s. 527.0201, F.S.; requiring the department to specify
91 requirements for agents qualified to administer written
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 343 (2020)
Amendment No.

92 competency examinations; requiring the department to establish
93 by rule a separate test for applicants to engage in category I
94 activities solely related to the service and repair of
95 recreational vehicles; limiting qualifiers and master qualifiers
96 who passed the recreational vehicle dealer/installer category I
97 test to only practice in activities related to service and
98 repair of recreational vehicles; requiring verifiable LP gas
99 experience or professional certification by an LP gas
100 manufacturer in order to apply for certification as a master
101 qualifier; providing an effective date.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 401 Shark Fins
SPONSOR(S): Jacobs and others
TIED BILLS: IDEN./SIM. BILLS: SB 680

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Agriculture & Natural Resources Subcommittee 12 Y, 2 N Mears Moore

2) Business & Professions Subcommittee Anstead~

3) State Affairs Committee

SUMMARY ANALYSIS
Shark finning is the process of catching a shark, removing its fins, and discarding the rest of the shark.
Approximately 100 million sharks per year are killed, or 11,417 sharks per hour, a rate that is considered
overfishing, which could lead to extinction. This practice decimates shark populations around the world and
changes the ocean's ecosystem.

Congress banned shark finning in U.S. waters in 2000 under the Shark Conservation Act, and shark finning
has been banned in many countries worldwide. However, the trade of lawfully acquired shark fins is not
prohibited. Shark fins command a high price and hold significant cultural value in some countries, yielding
more value per pound than the shark's body.

In Florida, a fisherman may only catch one shark per day, and each vessel is limited to two sharks per day,
even if more than two fishermen are on board. Fishermen may only catch sharks by hook and line gear. All
sharks harvested in Florida waters must be brought ashore with the fin attached to the shark's body.

Florida law prohibits the possession of a shark fin separated from the shark unless such possession is
authorized by the Fish and Wildlife Conservation Commission or the fin was obtained on land, was prepared by
taxidermy, and is possessed for the purposes of display.

The bill prohibits the import, export, and sale of shark fins.

The bill may have an indeterminate fiscal impact on the state. See Fiscal Comments.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0401b.BPS.DOCX
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A EFFECT OF PROPOSED CHANGES:
Background

Shark Finning

Shark finning is the process of catching a shark, removing its fins, and discarding the rest of the shark. 1
Shark finners often throw the shark back into the ocean alive once they have removed the fins. Unable
to swim properly, the shark either bleeds to death or suffocates.

Shark fins command a high price and hold significant cultural value in some countries. Considered a
symbol of status in Chinese culture, shark fin soup is a popular dish at weddings and other special
occasions. Shark fins yield more value per pound than the shark's body. 2

The practice of shark finning decimates shark populations around the world. The UN estimates that 73
million sharks are killed for their fins every year. 3 Humans kill approximately 100 million sharks globally
each year, or 11,417 sharks per hour, a rate that is considered overfishing, which could lead to
extinction. 4 A shark's slow growth and low reproductive rates make sharks highly susceptible to
extinction because they cannot replenish their populations as quickly as they are being destroyed. 5

A dramatic shark population plunge poses a threat not only to sharks, but also to the entire ecosystem.
When shark populations decrease, a ripple effect may spread throughout the rest of the ecosystem,
creating an imbalance. For example, the loss of the smooth hammerheads caused their prey, rays, to
increase. The larger ray population now can eat more scallops, clams, and other bivalves. This not only
hurts the bivalve populations and, therefore, the biodiversity of the ecosystem, it also harms human
fisheries. 6

In response to concerns about growing shark harvests internationally, many countries have banned
shark fishing in their waters. In addition, many other nations have adopted finning bans, including the
Bahamas, Belize, Canada, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras,
the Maldives, Nicaragua, Palau, Panama, and Taiwan. 7

The United States Congress banned shark finning in U.S. waters in 2000. 8 The Shark Conservation Act
makes it unlawful for any person:
• To remove any of the fins of a shark (including the tail) at sea;
• To have custody, control, or possession of any such fin aboard a fishing vessel unless it is
naturally attached to the corresponding carcass;
• To transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in
such transfer, without the fin naturally attached to the corresponding carcass; or

1
National Oceanic and Atmospheric Administration (NOAA), 2017 Shark Finning Report to Congress, available at
https://repository.library.noaa.gov/view/noaa/19769 (last visited Jan. 7, 2019) (herein "NOAA Report").
2
Smithsonian National Museum of Natural History, Sharking Finning: Sharks Turned Prey, available at https://ocean.si.edu/ocean-
news/shark-finning-sharks-tumed-prey (last visited Jan. 7, 2019).
3
BBC News, Canada becomes the first G20 country to ban shark fin trade, https://www.bbc.com/news/world-us-canada-48714320
(June 21, 2019).
4
The Guardian, Sharks at risk of extinction from overfishing, say scientists,
https://www.theguardian.com/environment/20 l 3/mar/02/sharks-risk-extinction-overfishing-scientists (Mar. 2, 2013 ).
s Id.
6 Id.
7
NOAA Report at 3.
8
NOAA, Shark Conservation Act, available at https://www.fisheries.noaa.gov/national/laws-and-policies/shark-conservation-act (last
visited Jan. 7, 2019).
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• To land any such fin that is not naturally attached to the corresponding carcass, or to land any
shark carcass without such fins naturally attached. 9

A person who violates these federal laws may be subject to a civil penalty of up to $100,000 for each
violation, as determined by the U.S. Secretary of Commerce. 10

Import, Export and Sale of Shark Fins

While the practice of shark finning is prohibited in the U.S., the trade of shark fins is legal. Between
2012 and 2016, the U.S. imported an average of 49 tons of shark fins and exported an average of 25
tons of shark fins per year. 11 A number of countries from which the U.S. imports shark fins do not have
a shark finning ban in place, such as China, Indonesia, and Japan. In response, 12 states have banned
the trade of shark fins: California, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New
York, Oregon, Rhode Island, Texas, and Washington. 12

Shark fins may still be legally bought and sold in Florida. Despite fishing restrictions, and the ban on
finning in Florida, Florida remains a leader in the U.S. of the importation of shark fins. News reports
indicate that:

"Since 2015, Miami has led the nation in the number of shark fins imported from
Hong Kong, likely caused by an increasing number of import bans in other states.
According to a review by the nonprofit Oceana, the number of fins arriving at
PortMiami from Hong Kong, the historic center of the fin trade, was dwindling
between 2010 and 2014. But after California and New York banned imports in 2011
and 2013, fin shipments began rising." 13

Fish and Wildlife Conservation Commission

The Florida Constitution authorizes the Fish and Wildlife Conservation Commission (FWC) to enact
rules and regulations regarding the state's fish and wildlife resources. 14 Florida residents and visitors
must have a freshwater fishing or saltwater fishing license from FWC if they attempt to take or assist in
a take of fish or marine organisms, 15 unless they are under the age of 16, are over the age of 65, or
meet another licensure exemption. 16

Shark Fishing Regulations in Florida

In Florida, a fisherman may only catch one shark per day, and each vessel is limited to two sharks per
day, even if more than two fishermen are on board. 17 Sharks may only be caught by hook and line
gear18 and may not be caught by using multiple hooks with live or dead natural bait or by snagging. 19

9
16 U.S.C. § 1857(l)(P), (2015).
10
16 U.S.C. § 1858 (1996).
11
NOAA Report at 23-24.
12
See CAL. FISH & GAME CODE§ 2021; DEL. CODE ANN. tit. 7 § 928A; HAW. REV. STAT.§ 188-40.7; 515 ILL. COMP. STAT. 5/5-30;
MD. CODE ANN. NAT. RES.§ 4-747; MASS. GEN. LAWS ANN. ch. 130, § 106; NEV. REV. STAT.§ 597.2-3; N.Y. ENVTL. CONSERV. LAW
§ 13-0338; OR. REV. STAT.§ 509.160; R.I. GEN. LAWS§ 20-1-29; TEX. PARKS & WILD. CODE§ 66.2161; WASH. REV. CODE§
77.15.770.
13
Jenny Staletovich, The Miami Herald, Miami now nation's top importer of shar fins. Many states have banned the product,
https://www.miamiherald.com/news/local/environment/article2 l O157954.html (May 2, 2018).
14
Art. IV, s. 9, FLA. CONST.
15
Section 379.352, F.S.
16
Section 379.353, F.S.
17
Rule 68B-44.004(1)-(2), F.A.C.
18
Rule 68B-44.006(1), F.A.C.
19
Rule 68B-44.006(2), F.A.C.
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Fishermen must land all sharks harvested in Florida waters 20 in a whole condition. 21 A marine organism
is "landed" when the animal is harvested and physically brought ashore. Individuals may not possess a
shark that has had the head removed; been divided, filleted, ground, skinned, or finned; 22 or had the
caudal fin (tail) removed, while in or on the waters of the state, on any public or private fishing pier, or
on a bridge or catwalk attached to a bridge from which fishing is allowed. Fishermen may eviscerate or
gut the shark or slice the base of the caudal fin to bleed the carcass as long as the caudal fin remains
attached before landing. 23

Florida law imposes restrictions on harvesting sharks based on the species and size of the shark. The
following sharks have no minimum size limit for harvest in Florida waters: Atlantic sharpnose shark;
blacknose shark; blacktip shark; bonnethead; finetooth shark; and all species of dogfish and
smoothounds within the Genus mustelus. 24 The following sharks must be at least 54 inches long to
harvest in Florida waters: bull shark; nurse shark; spinner shark; blue shark; oceanic whitetip shark;
porbeagle; shortfin make shark; and thresher shark. 25 No person may harvest the following sharks in
Florida waters: Atlantic angel shark; basking shark; bigeye sand tiger; bigeye sixgill shark; bigeye
thresher; bignose shark; bluntnose sixgill shark; Caribbean reef shark; Caribbean sharpnose shark;
dusky shark; Galapagos shark; great hammerhead; lemon shark; longfin make; narrowtooth shark;
night shark; sandbar shark; sand tiger; scalloped hammerhead; sharpnose sevengill shark; silky shark;
smalltail shark; smooth hammerhead; spiny dogfish; tiger shark; whale shark; white shark. 26

While fishermen may not harvest, possess, land, purchase, sell, or exchange these species of shark,
including any part of these species, in state waters, the prohibition does not apply to sharks harvested
lawfully in federal waters when the shark is transported directly through state waters with fishing gear
appropriately stowed. 27

Florida law prohibits the possession of a shark fin separated from the shark in Florida waters unless
such possession is authorized by FWC or the fin was legally obtained on land, was prepared by
taxidermy, and is possessed for the purposes of display. 28 An individual who violates this prohibition is
subject to the following penalties:

Jail Time License Restrictions Administrative Fines Jail Time License Restrictions

1st offense 2nd Degree Misdemeanor Max. $500 1st offense 2nd Degree
Misdemeanor
Max. 60 days Suspension of license for six $4,500 Max. 60 days Suspension of license
months for six months
2nd offense 2nd Degree Misdemeanor Max. $500 2nd offense 2nd Degree
Misdemeanor

2
° Florida's seaward boundary extends nine nautical miles in the Gulf of Mexico and three nautical miles in the Atlantic Ocean. Art. II,
s. 1, FLA. CONST.
21
Rule 68B-44.003(2), F.A.C.
22
The term "finned" means one or more fins, including the caudal fin (tail), are no longer naturally attached to the body of the shark.
Rule 68B-44.002(1), F.A.C.
23
Rule 68B-44.003(2), F.A.C.
24
Rule 68B-44.003(1), F.A.C.; FWC, Sharks, http://myfwc.com/fishing/saltwater/recreational/sharks/ (last visited Jan. 7, 2019).
2s Id.
26
Rule 68B-44.004(3), F.A.C.
27
Rule 68B-44.003(4), F.A.C.
28
Section 379.2426(2), F.S.
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Effect of the Bill

The bill prohibits the import, export, and sale of shark fins. An individual who violates this prohibition is
subject to the penalties outlined in the table above.

B. SECTION DIRECTORY:
Section 1. Amends s. 379.2426, F.S., relating to the possession, import, export, and sale of shark fins.

Section 2. Provides an effective date of October 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a negative fiscal impact on commercial harvesters and wholesale dealers because
they would no longer be able to buy and sell shark fins.

D. FISCAL COMMENTS:
The bill may have an indeterminate:
• Positive fiscal impact on the state by creating a penalty for the import, export, and sale of shark
fins; and
• Negative fiscal impact related to jail bed impacts.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

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DATE: 1/13/2020
2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not authorize or require rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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DATE: 1/13/2020
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 401 2020

1 A bill to be entitled
2 An act relating to shark fins; amending s. 379.2426,
3 F.S.; prohibiting the import, export, and sale of
4 shark fins; providing an effective date.
5

6 Be It Enacted by the Legislature of the State of Florida:
7

8 Section 1. Subsection (3) of section 379.2426, Florida
9 Statutes, is renumbered as subsection (4), and a new subsection
10 (3) is added to that section, to read:
11 379.2426 Possession, import, export, and sale of separated
12 shark fins on the water prohibited; penalties.-
13 (3) Notwithstanding any other law, the import, export, and
14 sale of shark fins is prohibited and nothing in this section
15 authorizes such activities.
16 Section 2. This act shall take effect October 1, 2020.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 459 Building Design
SPONSOR(S): Overdorf
TIED BILLS: IDEN./SIM. BILLS: SB 954

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Brackett DCT Anstead ~
2) Government Operations & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Property development in Florida is governed in part by both the Community Planning Act and the Florida
Building Code. The Community Planning Act governs how local governments create and adopt local
comprehensive plans, implement land development regulations, and issue development orders and permits.
Some local governments have implemented regulations that require new single- and two- family dwellings in
the community to have specific building design elements such as exterior paint color, exterior building material,
architectural style of windows and doors, and location of windows and doors.

The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation, implements and adopts the Florida Building Code. The Building Code is the statewide building
code for all construction in the state. Every local government must enforce the Building Code and issue
building permits. Local governments may adopt amendments to the Building Code provided they follow the
requirements in current law. Local amendments to the Building Code expire when the newest edition of the
Building Code takes effect.

The bill:
• Prohibits local governments from adopting zoning and development regulations that require specific
building design elements for single- and two- family dwellings, unless certain conditions are met.
• Provides that local governments may adopt zoning and development regulations requiring certain
building design elements for single- and two- family dwellings when:
o The dwelling is a historic property or a contributing property to a historic district; or
o The regulations are adopted in order to implement the National Flood Insurance Program.
• Defines the term "building design elements" to mean exterior color, type or style of exterior cladding,
style or material of roof structures or porches, exterior nonstructural architectural ornamentation,
location or architectural styling of windows or doors, and number, type, and layout of rooms.
• Provides that the term "building design elements" does not include setback including the height, bulk,
orientation, location on a zoning lot, or the use of buffering or screening to minimize potential adverse
physical or visual impacts or protect the privacy of neighbors.

The bill also allows a substantially affected person to petition the Commission to review a local government
regulation to determine if the regulation is actually an unauthorized amendment to the Building Code. If the
Commission determines the regulation is an amendment to the Building Code and the local government did not
adopt the regulation in accordance with the requirements to adopt a local amendment to the Building Code, the
local regulation is void and unenforceable.

The bill has an indeterminate fiscal impact on state and local governments.

The bill provides for an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0459.BPS.D0CX
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

The Community Planning Act

Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, also known as Florida's Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act. 1 The Community Planning Act governs how local governments create and
adopt their local comprehensive plans.

It is the intent of Act is that local governments manage growth through comprehensive land use plans
that preserve, promote, protect, and improve the public health, safety, comfort, good order,
appearance, convenience, law enforcement and fire prevention, and general welfare. 2

Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. Plans also are required to identify procedures for monitoring, evaluating, and appraising
implementation of the plan. 3 Plans may include optional elements, 4 but must include the following nine
elements: 5
• Capital improvements;
• Future land use plan;
• Intergovernmental coordination;
• Conservation;
• Transportation;
• Sanitary sewer, solid waste, drainage, potable water, and aquifer recharge;
• Recreation and open space;
• Housing; and
• Coastal management (for coastal local governments).

The comprehensive plan is implemented via land development regulations. Land development
regulations are ordinances that regulate any aspect of development including any local government
zoning, rezoning, subdivision, building construction, sign regulations, or any regulation that controls the
development of land. 6

Each county and municipality must adopt and enforce land development regulations that are consistent
with and implement their adopted comprehensive plan. 7 All local government land development
regulations must be consistent with the local government's comprehensive plan. 8

1
Ch. 11-139, Laws of Fla.
2
S. 163.3161(4), F.S.
3
S. 163.3177(1), F.S.
4 [d.
5 Ss. 163.3177(3) & (6), F.S.
6
Ss. 163.3164(26) & 163.3202(1), F.S.
7 S. 163.3202(1), F.S.
8
S. 163.3194(l)(b), F.S.
STORAGE NAME: h0459.BPS.DOCX PAGE: 2
DATE: 1/13/2020
Some local governments in Florida have adopted land development regulations that place restrictions
on the design of new single- and two- family buildings such as the:
• External paint color; 9
• Architectural style of: 10
o Windows;
o Doors, including garage doors;
o Front porches; and
o Roofs.
• Exterior building material; 11 and
• Location of windows and garage doors. 12

Some local governments may be adopting ordinances related to building design elements because the
local government is adopting the principles of "new urbanism." New urbanism is a land development
policy that attempts to solve issues created by urban sprawl, such as traffic jams, ugliness, and lifeless
downtowns, by establishing compact, mixed-use, and pedestrian friendly communities. The principles
of new urbanism can be achieved through creating mixed-use areas with residential areas located
within walking distance of commercial areas located in a town center, creating parks and civic spaces
located near the town center, and building narrow streets with sidewalks and trees to promote
walking. 13

New urbanism also includes creating communities and neighborhoods that have a certain style of
architecture and design and, thus, are more pleasant to live in and walk through. Local governments
can accomplish this by requiring buildings, including single- and two- family buildings, within their
jurisdictions too have specific building design elements. 14

Opponents of the adoption of the building design element ordinances argue that these types of building
design elements increase housing costs and prevent homeowners from choosing their own preferences
or styles. 15 Local governments argue that the building design element ordinances ensure that poorly
designed buildings do not lower the value of surrounding properties. Prohibiting such ordinances, they
say, will prevent them from developing a plan for their own community. 16

9
Osceola County Land Development Code,§ Ch. 3, Article 3.2.2.; Code of the City of Orlando,§ Ch. 58, Part 3, Section 58.517;
Orange County Code, § Chapter 38, Article VIII, Division 8.
10
Osceola County Land Development Code,§ Ch. 3, Article 3.2.2.; Code of the City of Orlando,§ Ch. 58, Part 3, Section 58.517;
City of Winter Park Code of Ordinances,§ Ch. 58, Art. 3, Section 58-67; Orange County Code,§ Chapter 38, Article VIII, Division 8.
11
Orange County Code,§ Chapter 38, Article VIII, Division 8; City of Winter Park Code of Ordinances,§ Ch. 58, Art. 3, Section 58-
67
12
Code ofthe City of Orlando,§ Ch. 58, Part 3, Section 58.517.
13
Doris S. Goldstein, New Urbanism: Recreating Florida by Rewriting the Rules, Florida Bar Journal, April 2006, at 63; Michigan
Land Institute, 10 Principles of New Urbanism, http://www.mlui.org/mlui/news-views/articles-from-1995-to-
2012.html?archive_id=678#J(hd62ehKiUk (last visited Jan. 9, 2020); Congress for the New Urbanism, What is New Urbanism?,
https://www.cnu.org/resources/what-new-urbanism (last visited Jan. 9, 2020).
14 Id
15
Michael Bezruki, Governor Signs Arkansas Housing Affordability Bill Into Law, National Home Association of Home Builders,
March 15, 2019, http://nahbnow.com/2019/03/govemor-signs-arkansas-housing-affordability-bill-into-law/ (last visited Jan. 7, 2020);
Doug Thompson, Restrictions on home building barred in Arkansas, Northwest Arkansas Democrat Gazette, March 17, 2019,
https://www.nwaonline.com/news/2019/mar/17/restrictions-on-home-building-barred-in/ (last visited Jan. 7, 2020).
16
Daniel Herriges, Building Design Requirements Are Sometimes Bad for Cities. But Abolishing Them All Is Worse, Strong Towns,
April 11, 2019 https://www.strongtowns.org/joumal/2019/4/11/design-standards-are-an-important-tool-for-cities-dont-do-away-with-
them (last visited Jan. 7, 2020); Elaina Sauber, Housing design bill worries Franklin officials, Tennessean, April 18, 2017
https://www .tennessean.com/story/news/local/williamson/2017/04/18/housing-design-bill-worries-franklin-officials/100561994/ (last
visited Jan. 8, 2020).
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States That Prohibit Local Government Regulations For Building Design Elements

North Carolina and Arkansas prohibit local governments from adopting regulations that require specific
building design elements for single- and two- family dwellings unless certain conditions exist. 17
Tennessee and Georgia considered bills to enact laws similar to North Carolina and Arkansas;
however, the bills did not pass. 18

Passed in 2015, North Carolina's law prohibits cities and counties from adopting regulations that
require "building design elements" for single- and two- family dwellings. The North Carolina law also
prohibits such regulations from being applied to any zoning district, special use district, conditional use
district, or conditional district unless voluntarily consented to by the owners of the all the properties
subject to the proposed regulation. 19

The North Carolina law defines "building design elements" to include the: 20
• Exterior building color;
• Type or style of exterior cladding 21 material;
• Style or materials of roof structures or porches;
• Exterior nonstructural architectural ornamentation;
• Location or architectural styling of windows and doors, including garage doors;
• Number and types of rooms; and
• Interior layout of rooms.

The phrase does not include: 22
• A single- and two- family dwelling's:
o Height;
o Bulk;
o Orientation; and
o Location of a structure on a zoning lot.
• The use of buffering or screening to minimize visual impacts or impact of light and noise; and
• Regulations governing permitted uses of land.

The North Carolina law allows cities and counties to adopt and enforce regulations that require "building
design elements" for single- and two- family dwellings if: 23
• The dwelling is located in an area designated as a local historic district;
• The dwelling is located in area designated as a historic district on the National Register of
Historic Places; 24

17 N.C. Gen. Stat.§ 160A-381; Ark. Code Ann.§ 14-17-212 & 14-56-204.
18 Georgia General Assembly, 2019-2020 Regular Session - HB 302, http://www.legis.ga.gov/Legislation/en-
US/display/20192020/HB/302 (last visited Jan. 8, 2020); Tennessee General Assembly, 2017-2018 Session - HB 4 76
http://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0476&ga=l lO (last visited Jan. 8, 2020).
19
N.C. Gen. Stat. § 160A-38 l; R. Erika Churchill, Staff Attorney for the North Carolina General Assembly, Analysis of S.L. 2015-86,
https://dashboard.ncleg.net/api/Services/BillSummary/2015/S25-SMST-147(sl) (last visited Jan. 3, 2020); General Assembly ofNorth
Carolina, Session Law 2015-86 Senate Bill 25, June 9, 2015 https://www.ncleg.gov/Sessions/2015/Bills/Senate/PDF/S25v3.pdf(last
visited Jan. 3, 2020).
20N.C. Gen. Stat.§ 160A-381.
21 The Florida Building Code and the North Carolina Building Code both define "cladding" as the material that covers the exterior
surface ofa building, and is directly affected by wind load. S. 202 of the Florida Building Code (Residential), Seventh Edition; S. 202
of the 2018 North Carolina Building Code (Residential).
22 Id.
23 Id.
24
The National Register of Historic Places is the federal government's official list of historic places in the United States. The National
Historic Preservation Act of 1966 authorized the register, which is administered by the National Park Service. National Park Service,
What is the National Register of Historic Places, https://www.nps.gov/subjects/nationalregister/what-is-the-national-register.htm (last
visited Jan. 5, 2020).
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• The dwelling is individually designated as a local, state, or national historic landmark;
• The regulations are directly and substantially related to the requirements of North Carolina's
Building Code;
• The regulations are applied to manufactured housing in a manner consistent with state and
federal law; and
• The regulations are adopted as a condition for participation in the National Flood Insurance
Program. 25

The prohibition of local regulations that relate to building design elements does not affect the validity or
enforceability of private covenants or other contractual agreements relating to building design elements
between property owners. 26

In 2019, Arkansas passed a similar law that also prohibited cities and counties from adopting
regulations that require "building design elements" for single-family dwellings. The law defines "building
design elements" the same as North Carolina except Arkansas also includes minimum square footage
in its definition. 27

In addition to the exceptions provided in the North Carolina law, Arkansas also allows cities and
counties to adopt and enforce building design elements regulations if:
• The dwelling is in a central business district, which can be created by a city to revitalize its
urban center;
• The dwelling existed and was subject to the local regulation prior to the prohibition being
enacted; or
• The regulations are directly related to an immediate public health or safety hazard and the
regulation is derived from the local government's police power. 28

Arkansas also provides that the prohibition of local regulations that relate to building design elements
does not affect the validity or enforceability of covenants or contracts between a property owner and a
city or county. 29

The Florida Building Code

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida's minimum standards were met. Local governments could
choose from four separate model codes. The state's role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 30

In 1992, Hurricane Andrew demonstrated that Florida's system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. A
study commission was appointed to review the system of local codes and make recommendations for
modernizing the system. The 1998 Legislature adopted the study commission's recommendations for a
single state building code and enhanced the oversight role of the state over local code enforcement.
The 2000 Legislature authorized implementation of the Florida Building Code (Building Code), and that

25
The National Flood Insurance Program is administered by FEMA. The goal of the program is to reduce the impact of flooding on
private and public structures by providing affordable insurance to property owners, and encouraging communities to adopt and enforce
floodplain management regulations. FEMA, The National Flood Insurance Program, https://www.fema.gov/national-flood-insurance-
program (last visited Jan. 6, 2020).
26 Id
27
Ark. Code Ann.§ 14-17-212 & 14-56-204; H.R. 170, 92nd Leg. Reg. Sess. (AR2019).
28 Id.
29 Id.
30 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available at

http://www.floridabuilding.org/tbc/publications/2006 Legislature Rpt rev2.pdf(last visited Nov. 11, 2019).
STORAGE NAME: h0459.BPS.D0CX PAGE: 5
DATE: 1/13/2020
first edition replaced all local codes on March 1, 2002. 31 The Building Code is updated triannually. The
current edition of the Building Code is the sixth edition, which is referred to as the 2017 Florida Building
Code. 32

Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act" (Act), provides a mechanism for
the uniform adoption, updating, interpretation, and enforcement of a single, unified state building code
that must be applied, administered, and enforced uniformly and consistently from jurisdiction to
jurisdiction. 33 The Building Code is adopted, updated, and interpreted by the Florida Building
Commission, and is enforced by local governments. 34

The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects. 35

The Florida Building Commission

The Florida Building Commission (Commission) implements the Building Code. The Commission
reviews several International Codes published by the International Code Council, the National Electric
Code, and other nationally adopted model codes to determine if the Building Code needs to be updated
and adopts an updated Building Code every three years. 36

The Commission, which is housed within the Department of Business and Professional Regulation
(DBPR), is a 27-member technical body made up of design professionals, contractors, and government
experts in various disciplines covered by the Building Code. 37 The Commission is responsible for the
development, maintenance, and interpretation of the Building Code. Members are appointed by the
Governor and confirmed by the Senate. 38

The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC. 39 TACs are made up of commission members and other parties who
advise the commission on declaratory statements, proposed amendments, and any other areas of
interest of the commission. 40

Local Enforcement of the Florida Building Code

The Legislature has provided local governments with the power to inspect all buildings, structures, and
facilities within their jurisdiction to protect the public's health, safety, and welfare. 41

Every local government must enforce the Building Code and issue building permits. 42 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by

31 Id
32
S. 553.73(7), F.S.; Florida Building Commission Homepage https://floridabuilding.org/c/default.aspx (last visited Nov. 11, 2019).
33
Sees. 553.72(1), F.S.
34
Ss. 553.72, & 553.73, F.S.
35 Florida Building Commission, Advanced Florida Building Code Principals,

http://www.floridabuilding.org/Upload/Courses trp/421-2-MA TERIAL-Adv'/o20FL%20Bldg%20Code%20-
%20Course%20PDF%20version%207 .0.pdf (last visited Jan. 9, 2020).
36
S. 553.73, F.S.
37
S. 553.74, F.S.
38
Ss. 553.73, & 553.74, F.S.
39
DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c commission.aspx (last visited Dec. 27, 2019).
40 S. 553.73(3), F.S.; Rule 61G20-2.001, F.A.C.
41
S. 553.72, F.S.
42
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
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DATE: 1/13/2020
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 43

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 44 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection to ensure work complies with the Building Code. 45

Amendments to the Building Code

The Commission and local governments may adopt technical and administrative amendments to the
Building Code. A technical amendment to the Building Code is an alteration to the prescriptive
requirements or reference standards for construction. An administrative amendment is an addition or
alteration of the code enforcement requirements of the Building Code. 46

Local governments may adopt amendments to the Building Code that are more stringent than the
Building Code that are limited to the local government's jurisdiction. Amendments by local governments
expire upon the adoption of the newest edition of the Building Code, and, thus, the local government
would need to go through the amendment process every three years in order to maintain a local
amendment to the Building Code. 47

Current law allows local governments to adopt technical amendments to the Building Code every six
months if: 48
• The local government's governing body holds a public hearing to discuss the amendment,
which has been advertised in a newspaper of general circulation at least 10 days before the
meeting;
• Following the hearing, the governing body determines that an amendment is needed to address
a local need that is not addressed by the Building Code;
• The amendment is no more stringent than necessary to address the local need;
• The local amendment is not discriminatory against materials, products, or construction
techniques of demonstrated capabilities;
• The local amendment does not introduce a new subject that is not addressed by the Building
Code;
• The local amendment includes a fiscal impact statement, which documents the costs and
benefits of the amendment including the impact to local government, property and building
owners, industry, and the cost of compliance; and
• The local government sends the amendment to the Commission.

A technical amendment adopted by a local government takes effect 30 days after the Commission
receives the amendment and publishes the amendment on its website. 49

The Commission may review local amendments and issue nonbinding recommendations to local
governments about whether the local government complied with the requirements to adopt an
amendment. If the Commission decides to review a local amendment it must send the amendment to
the applicable TAC for review. 50

43
See Ss. 125.56(4)(a) & 553.79(1), F.S.
44
S. 202 of the Building Code (Building), Sixth Edition.
45
S. 468.603(2), F.S.
46 S. 553.73, F.S.; Rule 61020-2.002, F.A.C.
47
S. 553.73(4), F.S.
48 Jd.
49
553.73(4), F.S.; Rule-61020-2.003, F.A.C.
50 Id
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The TAC must make a recommendation to the Commission about whether the local amendment
complies with the requirements of current law. The Commission must provide the nonbinding
recommendation to the local government within 30 days of adopting the recommendation. 51

Each county and municipality that adopts technical amendments to the Building Code must establish a
countywide compliance review board by interlocal agreement. The compliance review board reviews
any amendment adopted by a local government in its county that is challenged by a substantially
affected party in order to determine if the amendment has been adopted in accordance with the
requirements of current law. 52

A local government or the substantially affected party may appeal the compliance review board's
decision to the Commission within 14 days of the board's decision. The Commission must refer the
appeal to the Division of Administrative Hearings for a hearing by an administrative law judge. The
administrative law judge must hold a hearing within 30 days of being assigned the appeal, and must
enter a recommended order within 30 days of the conclusion of the hearing. 53

The Commission must enter a final order within 30 days after the administrative law judge issues a
recommended order. In proceedings before a compliance review board or the Commission, the local
government has the burden to prove an amendment has been adopted in accordance with the
requirements of current law. 54

Interpretations of the Building Code

The Commission may issue declaratory statements regarding interpretations of the Florida Building
Code, review local building officials' interpretation of the Building Code, and give binding interpretations
of the Building Code. 55

A substantially affected person, state agency, or a local government may petition the Commission in
writing for a declaratory statement relating to interpretations of the Building Code, or the enforcement or
administration of the Building Code by local governments. The Commission must issue a declaratory
statement or deny a petition within 90 days of receiving the petition. Declaratory statements are binding
upon all jurisdictions and are subject to judicial review by a district court of appeal. 56

A substantially affected person may also petition the Commission to review a local building official's
interpretation of the Building Code. A substantially affected person includes an owner or builder subject
to a decision of the local building official or an association of owners or builders having members who
are subject to a decision of the local building official. 57

A substantially affected person may petition the Commission to review a local building official's
interpretation of the Building Code if: 58
• The substantially affected person has appealed the building official's interpretation to the local
board of appeals, if such board exists;
• The substantially affected person files a written petition to the Commission on a form adopted
by the Commission which contains:
o The name and address of the local government and the local building official;
o The name, address, and phone number of the substantially affected person, and
explanation of how they are substantially affected by the building official's interpretation;

51 Id.
52
S. 553.73(4), F.S.
53 Id.
54 Id.
55
S. 553.775, F.S.
56 Ss. 553.775(3), 120.565, &120.68, F.S.
57
S. 553.775(3), F.S.
5s Id.
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o A statement of the provisions of the Building Code that are being interpreted, the
building official's interpretation of those sections, and the substantially affected person's
interpretation of those sections; and
o The local building official's response.
• The substantially affected person has given the petition to the local building official and at least
five days for the building official to respond.

Upon receiving a written petition to review a local building official's interpretation of the Building Code,
the Commission must provide copies to a panel, and publish the petition and the local building official's
response on the Commission's website and allow for comments to be posted by interested parties. The
panel must have seven members made up of five building officials, an architect, and an engineer. The
Commission must coordinate with the Building Officials Association of Florida 59 to designate the
panel. 60

The panel must conduct proceedings necessary to issue a determination, and consider the written
petition, the local building official's response, and any comments posted on the Commission's website.
The panel must issue a determination within 21 days of the petition being filed with the Commission.
The determination is binding upon all parties and all jurisdictions in Florida. 61

A party may appeal the panel's determination by filing an appeal with the Commission within 30 days of
the panel's determination. The Commission must conduct a hearing in accordance with the
Administrative Procedure Act. The burden of proof in the hearing is on the party appealing the panel's
determination. The Commission's ruling is subject to judicial review by a district court of appeal. 62

Effect of the Bill

Community Planning Act - Effect of the Bill

The bill prohibits local governments from adopting zoning and development regulations that relate to
building design elements for single- or two- family dwellings.

The bill defines the term "building design elements" to mean:
• Exterior building color;
• Type or style of exterior cladding material;
• Style or material of roof structures or porches;
• Exterior nonstructural architectural ornamentation;
• Location or architectural styling of windows or doors, including garage doors;
• Number and type of rooms; and
• Interior layout of rooms.

The term does not include:
• A single- and two- family dwelling's:
o Height;
o Bulk;
o Orientation;
o Location on a zoning lot; or

59
The Building Officials Association of Florida is the largest community of building officials, building inspectors, plans examiners,
and building code compliance professionals in the state. Its goal is to ensure the health, safety, and welfare of the public through safe
building practices by equipping building professions through education, advocacy, leadership, and code development. Building
Officials Association of Florida, About BOAF, https://boaf.net/page/About (last visited Jan. 8, 2020).
60 Id
61 Id
62
Ss. 553.775(3), & 120.68, F.S.
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• The use of buffering or screening to minimize potential adverse physical or visual impacts or
protect the privacy of neighbors.

The bill allows local governments to adopt and enforce regulations that require "building design
elements" for single- and two- family dwellings if:
• The dwelling is listed in the National Register of Historic Places;
• The dwelling is a contributing property to a historic district in the National Register of Historic
Places;
• The dwelling is listed as a historic property or a contributing property to a historic district by a
local preservation ordinance;
• The regulations are adopted in order to implement the National Flood Insurance Program.

The bill also provides that the prohibition of zoning and development regulations that relate to building
design elements does not affect the validity or enforceability of private covenants or other contractual
agreements relating to building design elements between property owners.

Florida Building Commission - Effect of the Bill

The bill provides that any substantially affected party may petition the Commission to review any local
government regulation including, but not limited to, a law, ordinance, policy, amendment, or land use or
zoning provision that the party believes is a technical amendment to the Building Code.

If the Commission determines the local government regulation is a technical amendment to the Building
Code, then the regulation is not effective or enforceable unless or until the local government adopts the
technical amendment in accordance with the requirements of current law.

B. SECTION DIRECTORY:
Section 1. Amending s. 163.3202, F.S., prohibiting local governments from enacting certain
regulations for certain residential buildings.

Section 2. Amending s. 553.73, F.S., allowing the Florida Building Commission to review local
government regulations in certain situations.

Section 3. Amending s. 125.01, F.S., amending cross-references.

Section 4. Amending s. 125.56, F.S., amending cross-references.

Section 5. Providing an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

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1. Revenues:
None.

2. Expenditures:
Indeterminate. Local governments may have additional expenditures because of an increase in
legal challenges to zoning and other regulations.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. However, prohibiting certain building design elements ordinances and other regulations
may lead to a decrease in the cost of construction.

D. FISCAL COMMENTS:
According to DBPR, the Commission may see an increase in workload. However, this additional
workload can likely be handled with existing resources and should not lead to any substantial costs to
the Commission or DBPR. 63

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
None.

2. Other:
None.

8. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that zoning and development regulations may not relate to "building design elements."
However, zoning and development regulations are not defined in the Community Planning Act. It is
recommended that zoning and development regulations be changed to land development regulations,
which is defined in the Community Planning Act, and includes zoning regulations.

Prohibiting local governments from requiring certain types of cladding or roofing material may weaken
single- or two- family dwellings that are at a higher risk for hurricane damage. Local governments that
are more at risk for hurricane damage may want to adopt regulations requiring a certain type of exterior
cladding or roof material that is stronger than other types allowed by the Building Code. However, this
bill will prohibit that. The sponsor may want to clarify that any properly adopted local amendment to the
Building Code that may be related to cladding or roofing is not included in the bill's prohibitions.

The bill does not establish a process for the Commission to review a local government regulation to
determine if it is an improper technical amendment to the Building Code. For example, current law
establishes a process for a substantially affected person to petition the Commission to review a local
building's official interpretation of the Building Code including:

63 Florida Department of Business and Professional Regulation, Agency Analysis of 2020 House Bill 459, p. 5 (Nov. 6,
2019).
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DATE: 1/13/2020
• Establishing timelines;
• Requiring notice and the opportunity to respond; and
• An appeal process.

The sponsor may want to establish these types of guidelines to ensure that the Commission responds
to a substantially affected person's petition timely.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 459 2020

1 A bill to be entitled
2 An act relating to building design; amending s.
3 163.3202, F.S.; providing that certain regulations
4 relating to building design elements may not be
5 applied to certain structures; providing exceptions;
6 defining the term "building design elements";
7 providing applicability; amending s. 553.73, F.S.;
8 providing that an affected party may submit certain
9 local government regulations to the Florida Building
10 Commission for review; providing for enforcement of
11 such regulation; making technical changes; amending
12 ss. 125.01 and 125.56, F.S.; conforming cross-
13 references to changes made by the act; making
14 technical changes; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (5) of section 163.3202, Florida
19 Statutes, is renumbered as subsection (6), and a new subsection
20 (5) is added to that section to read:
21 163.3202 Land development regulations.-
22 (5) (a) Zoning and development regulations relating to
23 building design elements may not be applied to a structure that
24 is subject to local government regulations for one- or two-
25 family dwellings unless:

Page 1 of 10

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB459 2020

26 1. The structure is listed in the National Register of
27 Historic Places, as defined ins. 267.021; or is a contributing
28 property to a National Register Historic District; or is
29 designated as a historic property or a contributing property to
30 a historic district, under the terms of a local preservation
31 ordinance.
32 2. The regulations are adopted in order to implement the
33 National Flood Insurance Program.
34 (b) For purposes of this subsection, the term "building
35 design elements" means the external building color; type or
36 style of exterior cladding material; style or material of roof
37 structures or porches; exterior nonstructural architectural
38 ornamentation; location or architectural styling of windows or
39 doors, including garage doors; number and type of rooms; and
40 interior layout of rooms. The term does not include the height,
41 bulk, orientation, or location of a structure on a zoning lot;
42 or the use of buffering or screening to minimize potential
43 adverse physical or visual impacts or protect the privacy of
44 neighbors.
45 (c) This subsection does not affect the validity or
46 enforceability of private covenants or other contractual
47 agreements relating to building design elements between property
48 owners.
49 Section 2. Subsection (4) of section 553.73, Florida
50 Statutes, is amended to read:

Page 2 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb0459-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB459 2020

51 553.73 Florida Building Code.-
52 (4) (a) All entities authorized to enforce the Florida
53 Building Code under pursuant to s. 553.80 shall comply with
54 applicable standards for issuance of mandatory certificates of
55 occupancy, minimum types of inspections, and procedures for
56 plans review and inspections as established by the commission by
57 rule. Local governments may adopt amendments to the
58 administrative provisions of the Florida Building Code, subject
59 to the limitations i n ~ this subsection paragraph. Local
60 amendments must shall be more stringent than the minimum
61 standards described in this subsection herein and must shall be
62 transmitted to the commission within 30 days after enactment.
63 The local government shall make such amendments available to the
64 general public in a usable format. The State Fire Marshal is
65 responsible for establishing the standards and procedures
66 required in this subsection paragraph for governmental entities
67 with respect to applying the Florida Fire Prevention Code and
68 the Life Safety Code.
69 (b) Local governments may, subject to the limitations in
70 ~ this subsection section and not more than once every 6
71 months, adopt amendments to the technical provisions of the
72 Florida Building Code that which apply solely within the
73 jurisdiction of such government and that Hhich provide for more
74 stringent requirements than those specified in the Florida
75 Building Code, not more than once every 6 months. A local

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB459 2020

76 government may adopt technical amendments that address local
77 needs if:
78 1. The local governing body determines, following a public
79 hearing which has been advertised in a newspaper of general
80 circulation at least 10 days before the hearing, that there is a
81 need to strengthen the requirements of the Florida Building
82 Code. The determination must be based upon a review of local
83 conditions by the local governing body, which review
84 demonstrates by evidence or data that the geographical
85 jurisdiction governed by the local governing body exhibits a
86 local need to strengthen the Florida Building Code beyond the
87 needs or regional variation addressed by the Florida Building
88 Code, that the local need is addressed by the proposed local
89 amendment, and that the amendment is no more stringent than
90 necessary to address the local need.
91 2. Such additional requirements are not discriminatory
92 against materials, products, or construction techniques of
93 demonstrated capabilities.
94 3. Such additional requirements do ffta-Y not introduce a new
95 subject not addressed in the Florida Building Code.
96 J..s:14-. The enforcing agency shall make readily available,
97 in a usable format, all amendments adopted under pursuant to
98 this subsection section.
99 ~.§.- Any amendment to the Florida Building Code shall be
100 transmitted within 30 days after adoption by the adopting local

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HB459 2020

101 government to the commission. The commission shall maintain
102 copies of all such amendments in a format that is usable and
103 obtainable by the public. Local technical amendments are shall
104 not become effective until 30 days after the amendment has been
105 received and published by the commission.
106 ~-6--.- An Afty- amendment to the Florida Building Code
107 adopted by a local government under pursuant to this subsection
108 is paragraph shall be effective only until the adoption by the
109 commission of the new edition of the Florida Building Code .e_y
110 the commission every third year. At such time, the commission
111 shall review such amendment for consistency with the criteria in
112 paragraph (9) (a) and adopt such amendment as part of the Florida
113 Building Code or rescind the amendment. The commission shall
114 immediately notify the respective local government of the
115 rescission of any amendment. After receiving such notice, the
116 respective local government may readopt the rescinded amendment
117 under pursuant to the provisions of this subsection paragraph.
118 J!l.'.7-.- Each county and municipality desiring to make local
119 technical amendments to the Florida Building Code shall ey
120 interlocal agreement establish by interlocal agreement a
121 countywide compliance review board to review any amendment to
122 the Florida Building Code that is 7 adopted by a local government
123 within the county under pursuant to this subsection and
124 paragraph, that is challenged by~ aftY substantially affected
125 party for purposes of determining the amendment's compliance

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HB459 2020

126 with this subsection paragraph. If challenged, the local
127 technical amendments are shall not become effective until the
128 time for filing an appeal under paragraph (g) pursuant to
129 subparagraph 8. has expired or, if there is an appeal, until the
130 commission issues its final order determining if the adopted
131 amendment is in compliance with this subsection.
132 l..91-8--. If the compliance review board determines such
133 amendment is not in compliance with this subsection paragraph,
134 the compliance review board shall notify such local government
135 of the noncompliance and that the amendment is invalid and
136 unenforceable until the local government corrects the amendment
137 to bring it into compliance. The local government may appeal the
138 decision of the compliance review board to the commission. If
139 the compliance review board determines that such amendment is -t-e
140 ee in compliance with this subsection paragraph, any
141 substantially affected party may appeal such determination to
142 the commission. Any such appeal must shall be filed with the
143 commission within 14 days after -e-f. the board's written
144 determination. The commission shall promptly refer the appeal to
145 the Division of Administrative Hearings by electronic means
146 through the division's website for the assignment of an
147 administrative law judge. The administrative law judge shall
148 conduct the required hearing within 30 days after being assigned
149 to the appeal, and shall enter a recommended order within 30
150 days after -e-f. the conclusion of such hearing. The commission

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HB459 2020

151 shall enter a final order within 30 days after an order is
152 rendered thereafter. The provisions of Chapter 120 and the
153 uniform rules of procedure shall apply to such proceedings. The
154 local government adopting the amendment that is subject to
155 challenge has the burden of proving that the amendment complies
156 with this subsection paragraph in proceedings before the
157 compliance review board and the commission, as applicable.
158 Actions of the commission are subject to judicial review under
159 pursuant to s. 120.68. The compliance review board shall
160 determine whether its decisions apply to a respective local
161 jurisdiction or apply countywide.
162 ~-9.- An amendment adopted under this subsection paragraph
163 shall include a fiscal impact statement that which documents the
164 costs and benefits of the proposed amendment. Criteria for the
165 fiscal impact statement shall include the impact to local
166 government relative to enforcement and7 the impact to property
167 and building owners and, as well as to industry7 relative to the
168 cost of compliance. The fiscal impact statement may not be used
169 as a basis for challenging the amendment for compliance.
170 li.l_-3:-G-:- In addition to paragraphs (f) and (g) subparagraphs
171 7. and 9., the commission may review any amendments adopted
172 under pursuant to this subsection and make nonbinding
173 recommendations related to compliance of such amendments with
174 this subsection.
175 J.il-te+- Any amendment adopted by a local enforcing agency

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HB459 2020

176 under pursuant to this subsection may shall not apply to state
177 or school district owned buildings, manufactured buildings or
178 factory-built school buildings approved by the commission, or
179 prototype buildings approved under pursuant to s. 553.77(3). The
180 respective responsible entities shall consider the physical
181 performance parameters substantiating such amendments when
182 designing, specifying, and constructing such exempt buildings.
183 ~-ta+ A technical amendment to the Florida Building Code
184 related to water conservation practices or design criteria
185 adopted by a local government under pursuant to this subsection
186 is not rendered void when the code is updated if the technical
187 amendment is necessary to protect or provide for more efficient
188 use of water resources as provided ins. 373.621. However, any
189 such technical amendment carried forward into the next edition
190 of the code under pursuant to this subsection paragraph is
191 subject to review or modification as provided in this part.
192 (1) Any substantially affected party may submit to the
193 commission for review any local government regulation,
194 including, but not limited to, a law, ordinance, policy,
195 amendment, or land use or zoning provision, that such party
196 believes is a technical amendment to the Florida Building Code.
197 If the commission determines that the local government
198 regulation is a technical amendment to the Florida Building
199 Code, the regulation is not effective or enforceable until it is
200 adopted in accordance with this subsection.

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HB459 2020

201 Section 3. Paragraph (bb) of subsection (1) of section
202 125.01, Florida Statutes, is amended to read:
203 125.01 Powers and duties.-
204 (1) The legislative and governing body of a county shall
205 have the power to carry on county government. To the extent not
206 inconsistent with general or special law, this power includes,
207 but is not restricted to, the power to:
208 (bb) Enforce the Florida Building Code 7 as provided ins.
209 553.80 7 and adopt and enforce local technical amendments to the
210 Florida Building Code as provided ins. 553.73(4), pursuant to
211 s. § § 3. 7 3 ( 4) (b) and ( c) .
212 Section 4. Subsection (1) of section 125.56, Florida
213 Statutes, is amended to read:
214 125.56 Enforcement and amendment of the Florida Building
215 Code and the Florida Fire Prevention Code; inspection fees;
216 inspectors; etc. -
217 (1) The board of county commissioners of each of the
218 several counties of the state may enforce the Florida Building
219 Code and the Florida Fire Prevention Code 7 as provided in ss.
220 553.80, 633.206, and 633.208 7 and, at its discretion, adopt
221 local technical amendments to the Florida Building Code as
222 provided ins. 553.73(4), pursuant too. §§3.73(4) (b) and (c)
223 and local technical amendments to the Florida Fire Prevention
224 Code as provided in, pursuant to s. 633.202 7 to provide for the
225 safe construction, erection, alteration, repair, securing, and

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HB459 2020

226 demolition of any building within its territory outside the
227 corporate limits of any municipality. Upon a determination to
228 consider amending the Florida Building Code or the Florida Fire
229 Prevention Code by a majority of the members of the board of
230 county commissioners of such county, the board shall call a
231 public hearing and comply with the public notice requirements of
232 s. 125.66(2). The board shall hear all interested parties at the
233 public hearing and may then amend the building code or the fire
234 code consistent with the terms and purposes of this act. Upon
235 adoption, an amendment to the code shall be in full force and
236 effect throughout the unincorporated area of such county until
237 otherwise notified by the Florida Building Commission under
238 pursuant to s. 553.73 or the State Fire Marshal under pursuant
239 -t-e- s. 633. 202. This subsection does not ~Jothing herein contained
240 shall be construed to prevent the board of county commissioners
241 from repealing such amendment to the building code or the fire
242 code at any regular meeting of such board.
243 Section 5. This act shall take effect July 1, 2020.

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BUSINESS & PROFESSIONS SUBCOMMITTEE

HB 459 by Rep. Overdorf
Building Design

AMENDMENT SUMMARY
January 15, 2020

Amendment 1 by Rep. Overdorf (Strike-all amendment):
The strike-all amendment differs from the original bill in the following ways:
• Clarifies the exception that allows local governments to apply building design element
regulations to single- and two-family residences when the regulations are adopted in
accordance with and in compliance with the process for adopting local amendments to
the Florida Building Code.
• Removes the provision that grants the Florida Building Commission the ability to void a
local government regulation if the Commission determines the regulation is an
amendment to the Building Code.
• Provides that a substantially affected person may submit a request to the Florida
Building Commission for a non-binding advisory opinion on whether a local regulation
is an amendment to the Building Code, and establishes a process for such.
• Defines "substantially affected person."
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Business & Professions
2 Subcommittee
3 Representative Overdorf offered the following:
4
5 Amendment (with tit1e amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (5) of section 163.3202, Florida
8 Statutes, is renumbered as subsection (6), and a new subsection
9 (5) is added to that section to read:
10 163.3202 Land development regulations.-
11 (5) (a) Land development regulations relating to building
12 design elements may not be applied to a single- or two-family
13 dwelling unless:
14 1. The dwelling is listed in the National Register of
15 Historic Places, as defined ins. 267.021; or is a contributing
16 property to a National Register Historic District; or is
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

17 designated as a historic property or a contributing property to
18 a historic district, under the terms of a local preservation
19 ordinance.
20 2. The regulations are adopted in order to implement the
21 National Flood Insurance Program.
22 3. The regulations are adopted pursuant to and in
23 compliance with the provisions of chapter 553.
24 (b) For purposes of this subsection, the term "building
25 design elements" means the external building color; type or
26 style of exterior cladding material; style or material of roof
27 structures or porches; exterior nonstructural architectural
28 ornamentation; location or architectural styling of windows or
29 doors, including garage doors; number and type of rooms; and
30 interior layout of rooms. The term does not include the height,
31 bulk, orientation, or location of a structure on a zoning lot;
32 or the use of buffering or screening to minimize potential
33 adverse physical or visual impacts or protect the privacy of
34 neighbors.
35 (c) This subsection does not affect the validity or
36 enforceability of private covenants or other contractual
37 agreements relating to building design elements.
38 Section 2. Subsection (4) of section 553.73, Florida
39 Statutes, is amended to read:
40 553.73 Florida Building Code.-
41 (4) (a) All entities authorized to enforce the Florida
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

42 Building Code under pursuant to s. 553.80 shall comply with
43 applicable standards for issuance of mandatory certificates of
44 occupancy, minimum types of inspections, and procedures for
45 plans review and inspections as established by the commission by
46 rule. Local governments may adopt amendments to the
47 administrative provisions of the Florida Building Code, subject
48 to the limitations in e£- this subsection paragraph. Local
49 amendments must shall be more stringent than the minimum
50 standards described in this section herein and must shall be
51 transmitted to the commission within 30 days after enactment.
52 The local government shall make such amendments available to the
53 general public in a usable format. The State Fire Marshal is
54 responsible for establishing the standards and procedures
55 required in this subsection paragraph for governmental entities
56 with respect to applying the Florida Fire Prevention Code and
57 the Life Safety Code.
58 (b) Local governments may, subject to the limitations in
59 e£- this section and not more than once every 6 months, adopt
60 amendments to the technical provisions of the Florida Building
61 Code that which apply solely within the jurisdiction of such
62 government and that which provide for more stringent
63 requirements than those specified in the Florida Building CodeT
64 not more than once every 6 months. A local government may adopt
65 technical amendments that address local needs if:
66 1. The local governing body determines, following a public
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

67 hearing which has been advertised in a newspaper of general
68 circulation at least 10 days before the hearing, that there is a
69 need to strengthen the requirements of the Florida Building
70 Code. The determination must be based upon a review of local
71 conditions by the local governing body, which review
72 demonstrates by evidence or data that the geographical
73 jurisdiction governed by the local governing body exhibits a
74 local need to strengthen the Florida Building Code beyond the
75 needs or regional variation addressed by the Florida Building
76 Code, that the local need is addressed by the proposed local
77 amendment, and that the amendment is no more stringent than
78 necessary to address the local need.
79 2. Such additional requirements are not discriminatory
80 against materials, products, or construction techniques of
81 demonstrated capabilities.
82 3. Such additional requirements do may not introduce a new
83 subject not addressed in the Florida Building Code.
84 ~~ The enforcing agency shall make readily available,
85 in a usable format, all amendments adopted under pursuant to
86 this section.
87 ls!l_.§.-:- Any amendment to the Florida Building Code shall be
88 transmitted within 30 days after adoption by the adopting local
89 government to the commission. The commission shall maintain
90 copies of all such amendments in a format that is usable and
91 obtainable by the public. Local technical amendments are shall

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 4 5 9 ( 2 02 0)
Amendment No. 1.

92 not become effective until 30 days after the amendment has been
93 received and published by the commission.
94 ~-6-. An Afty- amendment to the Florida Building Code
95 adopted by a local government under pursuant to this subsection
96 is paragraph shall be effective only until the adoption by the
97 coffiffiission of the new edition of the Florida Building Code !2_y
98 the commission every third year. At such time, the commission
99 shall review such amendment for consistency with the criteria in
100 paragraph (9) (a) and adopt such amendment as part of the Florida
101 Building Code or rescind the amendment. The commission shall
102 immediately notify the respective local government of the
103 rescission of any amendment. After receiving such notice, the
104 respective local government may readopt the rescinded amendment
105 under pursuant to the provisions of this subsection paragraph.
106 J...!l_"f-;- Each county and municipality desiring to make local
107 technical amendments to the Florida Building Code shall by
108 interlocal agreement establish by interlocal agreement a
109 countywide compliance review board to review any amendment to
110 the Florida Building Code that is 7 adopted by a local government
111 within the county under pursuant to this subsection and
112 paragraph, that is challenged by~ m=ry substantially affected
113 party for purposes of determining the amendment's compliance
114 with this subsection paragraph. If challenged, the local
115 technical amendments are shall not become effective until the
116 time for filing an appeal under paragraph (g) pursuant to

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

117 subparagraph 8. has expired or, if there is an appeal, until the
118 commission issues its final order determining if the adopted
119 amendment is in compliance with this subsection.
120 J...9.l-8-:- If the compliance review board determines such
121 amendment is not in compliance with this subsection paragraph,
122 the compliance review board shall notify such local government
123 of the noncompliance and that the amendment is invalid and
124 unenforceable until the local government corrects the amendment
125 to bring it into compliance. The local government may appeal the
126 decision of the compliance review board to the commission. If
127 the compliance review board determines that such amendment is 4::-e
128 be in compliance with this subsection paragraph, any
129 substantially affected party may appeal such determination to
130 the commission. Any such appeal must shall be filed with the
131 commission within 14 days after &.f the board's written
132 determination. The commission shall promptly refer the appeal to
133 the Division of Administrative Hearings by electronic means
134 through the division's website for the assignment of an
135 administrative law judge. The administrative law judge shall
136 conduct the required hearing within 30 days after being assigned
137 to the appeal, and shall enter a recommended order within 30
138 days after e.f. the conclusion of such hearing. The commission
139 shall enter a final order within 30 days after an order is
140 rendered thereafter. The provisions of Chapter 120 and the
141 uniform rules of procedure shall apply to such proceedings. The
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

142 local government adopting the amendment that is subject to
143 challenge has the burden of proving that the amendment complies
144 with this subsection paragraph in proceedings before the
145 compliance review board and the commission, as applicable.
146 Actions of the commission are subject to judicial review under
147 pursuant to s. 120.68. The compliance review board shall
148 determine whether its decisions apply to a respective local
149 jurisdiction or apply countywide.
150 J...b.1-9--;- An amendment adopted under this subsection paragraph
151 shall include a fiscal impact statement that which documents the
152 costs and benefits of the proposed amendment. Criteria for the
153 fiscal impact statement shall include the impact to local
154 government relative to enforcement and 7 the impact to property
155 and building owners and, as well as to industry7 relative to the
156 cost of compliance. The fiscal impact statement may not be used
157 as a basis for challenging the amendment for compliance.
158 Jil-±-8--:- In addition to paragraphs (f) and (g) subparagraphs
159 7. and 9., the commission may review any amendments adopted
160 under pursuant to this subsection and make nonbinding
161 recommendations related to compliance of such amendments with
162 this subsection.
163 lil-te+ Any amendment adopted by a local enforcing agency
164 under pursuant to this subsection may shall not apply to state
165 or school district owned buildings, manufactured buildings or
166 factory-built school buildings approved by the commission, or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

167 prototype buildings approved under pursuant to s. 553.77(3). The
168 respective responsible entities shall consider the physical
169 performance parameters substantiating such amendments when
170 designing, specifying, and constructing such exempt buildings.
171 ~-+e-t A technical amendment to the Florida Building Code
172 related to water conservation practices or design criteria
173 adopted by a local government under pursuant to this subsection
174 is not rendered void when the code is updated if the technical
175 amendment is necessary to protect or provide for more efficient
176 use of water resources as provided ins. 373.621. However, any
177 such technical amendment carried forward into the next edition
178 of the code under pursuant to this subsection paragraph is
179 subject to review or modification as provided in this part.
180 (1) If a local government adopts a regulation, law,
181 ordinance, policy, amendment, or land use or zoning provision
182 without using the process established in this subsection, and a
183 substantially affected person considers such regulation, law,
184 ordinance, policy, amendment, or land use or zoning provision to
185 be a technical amendment to the Florida Building Code, then the
186 substantially affected person may submit to the commission a
187 petition for a nonbinding advisory opinion. As used in this
188 paragraph, the term "local government" means a county,
189 municipality, special district, or political subdivision of the
190 state. If a substantially affected person submits the request in
191 accordance with this paragraph, the commission shall issue a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

192 nonbinding advisory opinion stating whether or not the
193 commission interprets the regulation, law, ordinance, policy,
194 amendment, or land use or zoning provision as a technical
195 amendment to the Florida Building Code.
196 1. Requests to review a local government regulation, law,
197 ordinance, policy, amendment, or land use or zoning provision
198 may be initiated by any substantially affected person. A
199 substantially affected person includes an owner or builder
200 subject to the regulation, law, ordinance, policy, amendment, or
201 land use or zoning provision, or an association of owners or
202 builders having members who are subject to the regulation, law
203 ordinance, policy, amendment, or land use or zoning provision.
204 In order to initiate review, a substantially affected
205 person must file a petition with the commission. The commission
206 shall adopt a form for the petition and directions for filing,
207 which shall be published on the Building Code Information
208 System. The form shall, at a minimum, require the following:
209 a. The name of the local government that enacted the
210 regulation, law, ordinance, policy, amendment, or land use or
211 zoning provision.
212 b. The name and address of the local government's general
213 counsel.
214 c. The name, address, and telephone number of the
215 petitioner; the name, address, and telephone number of the
216 petitioner's representative, if any; and an explanation of how
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

217 the petitioner's substantial interests are being affected by the
218 regulation, law, ordinance, policy, amendment, land use or
219 zoning provision.
220 d. A statement of why the regulation, law, ordinance,
221 policy, amendment, land use or zoning provision is a technical
222 amendment to the Florida Building Code, and which provisions of
223 Florida Building Code, if any, are being amended by the
224 regulation, law, ordinance, policy, amendment, land use or
225 zoning provision.
226 2. The petitioner shall serve the petition on the local
227 government's general counsel or administrator by certified mail,
228 return receipt requested, and a copy on the commission, in
229 accordance with the commission's published directions. The local
230 government shall respond to the petition in accordance with the
231 form by certified mail, return receipt requested, within 14 days
232 after receipt, including Saturdays, Sundays, and legal holidays.
233 3. Upon receipt of a petition that meets the requirements
234 of this paragraph, the commission shall publish the petition,
235 including any response submitted by the local government, on the
236 Building Code Information System in a manner that allows
237 interested persons to address the issues by posting comments.
238 4. Prior to issuing an advisory opinion, the commission
239 shall consider the petition, the response, and any comments
240 posted on the Building Code Information System. The commission
241 may also provide the petition, the response, and any comments
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

242 posted on the Building Code Information System to a technical
243 advisory committee, and may consider any recommendation provided
244 by a technical advisory committee. The commission shall issue an
245 advisory opinion stating whether the regulation, law, ordinance,
246 policy, amendment, land use or zoning provision is a technical
247 amendment to the Florida Building Code within 30 days after the
248 filing of the petition, including Saturdays, Sundays, and legal
249 holidays. The commission shall publish its advisory opinion on
250 the Building Code Information System and in the Florida
251 Administrative Register. The commission's opinion is non-binding
252 and is not a declaratory statement pursuant to s. 120.565.
253 Section 3. Paragraph (bb) of subsection (1) of section
254 125.01, Florida Statutes, is amended to read:
255 125.01 Powers and duties.-
256 (1) The legislative and governing body of a county shall
257 have the power to carry on county government. To the extent not
258 inconsistent with general or special law, this power includes,
259 but is not restricted to, the power to:
260 (bb) Enforce the Florida Building Code 7 as provided ins.
261 553.80 7 and adopt and enforce local technical amendments to the
262 Florida Building Code as provided ins. 553.73(4), pursuant to
263 o. 553.73 (4) (b) and (c).
264 Section 4. Subsection (1) of section 125.56, Florida
265 Statutes, is amended to read:
266 125.56 Enforcement and amendment of the Florida Building
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

267 Code and the Florida Fire Prevention Code; inspection fees;
268 inspectors; etc.-
269 (1) The board of county commissioners of each of the
270 several counties of the state may enforce the Florida Building
271 Code and the Florida Fire Prevention Code 7 as provided in ss.
272 553.80, 633.206, and 633.208 7 and, at its discretion, adopt
273 local technical amendments to the Florida Building Code as
274 provided in s. 553. 73 (4), pursuant to s. 553.73 (4) (b) and (c)
275 and local technical amendments to the Florida Fire Prevention
276 Code as provided in, pursuant to s. 633.202 7 to provide for the
277 safe construction, erection, alteration, repair, securing, and
278 demolition of any building within its territory outside the
279 corporate limits of any municipality. Upon a determination to
280 consider amending the Florida Building Code or the Florida Fire
281 Prevention Code by a majority of the members of the board of
282 county commissioners of such county, the board shall call a
283 public hearing and comply with the public notice requirements of
284 s. 125.66(2). The board shall hear all interested parties at the
285 public hearing and may then amend the building code or the fire
286 code consistent with the terms and purposes of this act. Upon
287 adoption, an amendment to the code shall be in full force and
288 effect throughout the unincorporated area of such county until
289 otherwise notified by the Florida Building Commission under
290 pursuant to s. 553.73 or the State Fire Marshal under pursuant
291 -t-e s. 633.202. This subsection does not Nothing herein contained

679085 - h459-strike.docx
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Page 12 of 13
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 459 (2020)
Amendment No. 1.

292 shall be construed to prevent the board of county commissioners
293 from repealing such amendment to the building code or the fire
294 code at any regular meeting of such board.
295 Section 5. This act shall take effect July 1, 2020.
296
297
298 T I T L E A ME N D ME N T
299 Remove everything before the enacting clause and insert:
300 An act relating to building design; amending s.
301 163.3202, F.S.; providing that certain regulations
302 relating to building design elements may not be
303 applied to certain structures; providing exceptions;
304 defining the term "building design elements";
305 providing applicability; amending s. 553.73, F.S.;
306 providing that an affected party may submit certain
307 local government regulations to the Florida Building
308 Commission for review; providing for the Commission to
309 issue a nonbinding advisory opinion for such
310 regulation; making technical changes; amending ss.
311 125.01 and 125.56, F.S.; conforming cross-references
312 to changes made by the act; making technical changes;
313 providing an effective date.

679085 - h459-strike.docx
Published On: 1/14/2020 3:26:59 PM
Page 13 of 13
I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 469 Real Estate Conveyances
SPONSOR(S): Duggan
TIED BILLS: IDEN./SIM. BILLS: SB 1224

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice Subcommittee 12 Y, 0 N Rochester Luczynski

2) Business & Professions Subcommittee Wright Anstead~

3) Judiciary Committee

SUMMARY ANALYSIS
A leasehold is an estate interest in real property held under a rental agreement by which the owner gives
another the right to occupy or use land for a period of time.

A transfer or conveyance of real property, including a leasehold, for a term of more than one year must be:
• In writing; and
• Signed by the conveying party in the presence of two subscribing witnesses.

Subscribing witness requirements are designed to protect the granter of the estate in land, therefore only the
landlord's signature must be witnessed. If a dispute arises concerning the real estate transaction, the landlord
or tenant may benefit from having a third party who was present at the signing. Currently, lease agreements
must be witnessed if they are executed in Connecticut, Florida, Georgia, Louisiana, or South Carolina.

HB 469 removes the subscribing witness requirement for instruments conveying a leasehold interest in real
property. Instruments conveying a freehold interest still require two subscribing signatures.

The bill does not appear to have a fiscal impact on state or local governments.

The bill provides an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0469b.BPS.D0CX
DATE: 1/7/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

A leasehold is an estate interest in real property held under a rental agreement by which the owner
gives another the right to occupy or use land for a period of time. 1

A transfer or conveyance of real property, including a leasehold, for a term of more than one year2 must
be:
• In writing; and
• Signed by the conveying party in the presence of two subscribing witnesses. 3

Subscribing witness requirements are designed to protect the granter of the estate in land, therefore
only the landlord's signature must be witnessed. 4 If a dispute arises concerning the real estate
transaction, the landlord or tenant may benefit from having a third party who was present at the signing.
Currently, lease agreements must be witnessed if they are executed in Connecticut, Florida, Georgia,
Louisiana or South Carolina. 5

A lease may be valid even if the landlord's signature was not witnessed by two subscribing witnesses.
Where the parties' conduct demonstrates acceptance of the lease and adherence to its terms 6 , that
conduct may prevent a party from contending that the lease is invalid. 7 Conversely, a court may void a
lease agreement lacking two subscribing witnesses if the tenant has not moved in or relied upon the
lease and there is a genuine dispute as to whether a lease exists. 8

Effect of Proposed Changes

HB 469 removes the subscribing witness requirement for instruments conveying a leasehold interest in
real property. Instruments conveying a freehold 9 interest will still require two subscribing signatures. 10

B. SECTION DIRECTORY:
Section 1: Amends s. 689.01, F.S., relating to how real estate conveyed.
Section 2: Provides an effective date of July 1, 2020.

1
A leasehold is an estate interest in real property held under a rental agreement by which the owner gives another the right to occupy
or use land for a period of time. West's Encyclopedia of American Law, Leasehold (2008), https://legal-
dictionary.thefreedictionary.com/leasehold (last visited Dec. 5, 2019). Sees. 689.01, F.S.
2 Landlords that are corporations may create a lease longer than one without the need for witnessed signatures if the conveying

instrument is sealed with the corporate seal and signed in its name by its president, any vice president, or chief executive officer. Ss.
689.01 and 692.01, F .S.
3
Any requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being
present and electronically signing by means of audio-video communication technology. S. 689.01 (2), F.S.
4 S. 689.01, F.S.
5 Teo Spengler, Who Can Witness a Real Estate Signing, San Francisco Chronicle (Feb. 11, 2019) https://homeguides.sfgate.com/can-

witness-real-estate-deed-signing-52835.html (last visited Dec. 5, 2019).
6
Demonstration of adherence to lease terms may include a landlord's delivery of keys or a tenant's rent payment. Bodden v. CarlJone/1,
354 So. 2d 927 (Fla. 2d DCA 1978).
7
HarlJour Place Professional Park Co. v. Max's Pet Emporium, Inc., 2008 WL 8089978 (Fla. Cir. Ct.).
B Id.
9
A freehold is a permanent and absolute tenure of land or property with freedom to dispose of it at will. West's Encyclopedia of
American Law, Freehold (2008), https://www.thefreedictionary.com/freehold (last visited Dec. 5, 2019).
10
Unless the conveying party is a corporation, then subscribing witnesses are not required. Ss. 689.01 and 692.01, F.S.
STORAGE NAME: h0469b.BPS.D0CX PAGE: 2
DATE: 1/7/2020
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.
2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

111. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0469b.BPS.D0CX PAGE: 3
DATE: 1/7/2020
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 469 2020

1 A bill to be entitled
2 An act relating to real estate conveyances; amending
3 s. 689.01, F.S.; providing that subscribing witnesses
4 are not required to validate certain instruments
5 conveying a leasehold interest in real property;
6 providing an effective date.
7

8 Be It Enacted by the Legislature of the State of Florida:
9

10 Section 1. Subsection (1) of section 689.01, Florida
11 Statutes, is amended to read:
12 689.01 How real estate conveyed.-
13 (1) No estate or interest of freehold, or for a term of
14 more than 1 year, or any uncertain interest of, inL or out of
15 any messuages, lands, tenementsL or hereditaments shall be
16 created, made, granted, transferredL or released in any other
17 manner other than by instrument in writing, signed in the
18 presence of two subscribing witnesses by the party creating,
19 making, granting, conveying, transferringL or releasing such
20 estate, interest, or term of more than 1 year, or by the party's
21 lawfully authorized agent, unless by will and testament, or
22 other testamentary appointment, duly made according to law; and
23 no estate or interest, either of freehold, or of term of more
24 than 1 year, or any uncertain interest of, in, to, or out of any
25 messuages, lands, tenementsL or hereditaments, shall be assigned

Page 1 of 2

CODING: Words stFiskeA are deletions; words underlined are additions.
hb0469-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB469 2020

26 or surrendered unless it be by instrument signed in the presence
27 of two subscribing witnesses by the party so assigning or
28 surrendering, or by the party's lawfully authorized agent, or by
29 the act and operation of law; provided, however, that no
30 subscribing witnesses shall be required for any such instrument
31 pertaining to a leasehold estate in real property. No seal shall
32 be necessary to give validity to any instrument executed in
33 conformity with this section. Corporations may execute any and
34 all conveyances in accordance with the provisions of this
35 section or ss. 692.01 and 692.02.
36 Section 2. This act shall take effect July 1, 2020.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0469-00
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 511 Insulation Products
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 732

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Brackett Anstead

2) Government Operations & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Federal laws regulate the manufacture, sale and advertising of residential insulation products. The Federal
Trade Commission (FTC) has jurisdiction over the testing, manufacturing, sale, and advertising of residential
insulation products. The FTC requires residential insulation products to be tested in accordance with the tests
designed by ASTM International (ASTM). States are permitted to enact laws that are not inconsistent and do
not frustrate the FTC's regulations.

The bill provides that any person who advertises, sells, offers, provides, markets, or distributes interior
envelope insulation products without a valid ATSM report stating the product complies with the Florida Building
Code and the corresponding ASTM standard, is subject to a Florida Deceptive and Unfair Trade Practices Act
action brought by an enforcing authority. Such report must come from a Florida Building Commission approved
testing laboratory, and must be provided to a building official upon request.

The bill does not have a fiscal impact on state and local governments.

The bill provides for an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0511.BPS.D0CX
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Federal Trade Commission

The Federal Trade Commission Act grants the FTC the authority to: 1
• Prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting
commerce;
• Seek monetary redress and other relief for conduct injurious to consumers;
• Prescribe rules defining with specificity acts or practices that are unfair and deceptive, and
establish requirements designed to prevent such acts or practices;
• Gather and compile information and conduct investigations relating to the organization,
business, practices, and management of entities engaged in commerce; and
• Make reports and legislative recommendations to Congress and the public.

The FTC regulates home insulation products as part of its job to prevent unfair or deceptive acts or
practices in or affecting commerce. The FTC started regulating home insulation products in 1979 to
address the failure of the home insulation market to provide consumers with essential pre-purchase
information about home insulation products, specifically an insulation product's R-value. 2 R-value
measures resistance to heat flow. The higher the R-value, the greater the effectiveness of the
insulation. 3

Home insulation is insulation that is used in old or new homes, condominiums, cooperatives,
apartments, modular homes, or mobile homes. It does not include pipe insulation 4 or any kind of duct
insulation except for duct wrap. 5 The FTC defines "insulation" as any material mainly used to slow
down heat flow. It may be mineral or organic, fibrous, cellular, or reflective. 6

On May 13, 2019, the FTC published notice that effective May 13, 2020, home insulation will also
include insulation developed and marketed for commercial use that is also marketed for and used in
residential buildings.7

Any violation of the regulations for home insulation products is an unfair and deceptive act or practice
or an unfair method of competition under the Federal Trade Commission Act, and can result in a heavy
fine. A person may be fined up to $10,000 for each violation. 8

1
See 15 U.S.C. § 41-58; Federal Trade Commission, Federal Trade Commission Act,
https://www.ftc.gov/enforcement/statutes/federal-trade-commission-act (last visited Nov. 24, 2019).
2
84 Fed. Reg. 20788 (May 13, 2019).
3
16 C.F.R. 460.5 & 12.
4
The FTC chose not to regulate pipe insulation because it is primarily used to prevent moisture condensation on low temperature lines
and not for energy conservation. 64 Fed. Reg. 48027 (Sep. 1, 1999).
5
The FTC chose not to regulate duct insulation except for duct wrap because only duct wrap is used extensively in residential
properties. Id.
6
16 C.F.R. § 460.1-2.
7
84 Fed. supra note 3.
8
15 U.S.C. § 45(m).
STORAGE NAME: h0511.BPS.D0CX PAGE: 2
DATE: 1/13/2020
All types of home insulation products must be tested by laboratories to determine their R-Value.
The tests to determine the R-value of home insulation products must be done in accordance with the
tests designed by ASTM International (ASTM). 9

All manufacturers of home insulation products and laboratories that test home insulation products must
keep records of each test for at least three years. 10

Manufactures must also label every package of their home insulation products and provide fact sheets
to retailers and installers. The labels must contain:
• The type of insulation product in the package.
• A chart that includes the product's information including the R-value, which must be rounded to
the nearest tenth except for products with R-values of 10 or more which may be rounded to the
nearest whole number.
• A statement saying that R means resistance to heat flow. The higher the R-value, the greater
the insulating power, and in order to get the marked R-value the product must be installed
correctly. 11

The fact sheet must include:
• The name and address of the manufacturer;
• The type of insulation product in the package;
• A chart that includes the product's information including the R-value, which must be rounded to
the nearest tenth except for products with R-values of 10 or more which may be rounded to the
nearest whole number.
• A statement saying that, R means resistance to heat flow. The higher the R-value, the greater
the insulating power, in order to get the marked R-value the product must be installed correctly,
and the amount of insulation a person needs depends on the climate they live in along with the
size and type of their house, the amount of insulation already in their house, and the fuel use of
their family. 12

Home insulation product retailers must make the fact sheets for their products available to their
customers. Retailers must ensure that the fact sheets are in area that a customer will notice them. New
home sellers must ensure their sales contracts include the information, including the R-value, of each
type of insulation product that has been installed in a home. 13 Home installation installers have similar
notice requirements. 14

Manufacturers must ensure that any advertisement for their home insulation product, which includes a
price for the product in the ad, includes the product's information, including R-value, and a statement
saying, ""The higher the R-value, the greater the insulating power. Ask your seller for the fact sheet on
R-values." 15 Manufacturers must also ensure that any advertisement for their home insulation products,
which states or implies the product can cut energy costs or usage, is supported by a reasonable basis
for the claim, and includes a statement saying, "Savings vary. Find out why in the seller's fact sheet on
R-values. Higher R-values mean greater insulating power." 16

9
16 C.F.R. § 460.5. ASTM is an international testing organization that develops and publishes technical standards that are arrived at
through consensus and used on a voluntary basis for a wide variety of products, materials, systems and services. ASTM International,
Detailed Overview, https://www.astm.org/ABOUT/full overview.html (last visited Nov. 25, 2019).
10
16 C.F.R. § 460.9.
11
16 C.F.R. § 460.11-13.
12 [d.
13
16 C.F.R. § 460.14 & 16.
14
16 C.F.R. § 460.15 & 17.
15
16 C.F.R. § 460.18-19.
16 Id.
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DATE: 1/13/2020
The FTC does not require manufacturers, retailers, or installers to provide any information about a
home insulation product to a local building official.

Any state and local laws and regulations that are inconsistent with, or frustrate the purposes of, the
FTC's regulations are preempted. However, a State or local government may petition the Commission,
for good cause, to permit the enforcement of any part of a State or local law or regulation that would be
preempted by this section. 17

The Florida Building Code

In 1992, Hurricane Andrew demonstrated that Florida's system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission's
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 19 The current edition of
the Building Code is the sixth edition, which is referred to as the 2017 Florida Building Code. 20

Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act" (Act). The purpose and intent of
the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of
a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 21

The Florida Building Commission (Commission) implements the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation, is a 27-member
technical body made up of design professionals, contractors, and government experts in various
disciplines covered by the Building Code. 22 The Commission reviews several International Codes
published by the International Code Council, the National Electric Code, and other nationally adopted
model codes to determine if the Building Code needs to be updated and adopts an updated Building
Code every three years. 23

Enforcement of the Florida Building Code

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public's health, safety, and welfare. 24

Every local government must enforce the Building Code and issue building permits. 25 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without

17
16 C.F.R. § 460.23.
18
The Florida Building Commission Report to the 2006 Legislature, Florida Department ofCommunity Affairs, p. 4, available at
http://www.floridabuilding.org/tbc/publications/2006 Legislature Rpt rev2.pdf(last visited Nov. 11, 2019).
19 [d
2
21
°Florida Building Commission Homepage https://floridabuilding.org/c/default.aspx (last visited Nov. 11, 2019).
Sees. 553.72(1), F.S.
22
S. 553.74, F.S.
23
S. 553.73, F.S.
24
S. 553.72, F.S.
25
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
STORAGE NAME: h0511.BPS.DOCX PAGE: 4
DATE: 1/13/2020
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 26

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 27 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection. 28 Any construction work that requires a building permit also requires plans
and inspections by the local building official to ensure the work complies with the Building Code. 29

Insulation Requirements for a Building's Thermal Envelope

The Building Code defines "building thermal envelope" as a building's basement, walls, exterior walls,
floor, roof, and any other building elements that enclose an area that is directly or indirectly heated or
cooled. The building thermal envelope also includes the boundary between a conditioned space and an
unconditioned space. 30

The Building Code requires certain types of insulation for a building's thermal envelope depending on
where the insulation is located. The Building Code requires insulation to have a certain type of R-value
depending on where the insulation is located. For example, the Building Code requires insulation for
ceilings to have a different R-value then the insulation required for walls. R-value measures resistance
to heat flow. The higher the R-value, the greater the effectiveness of the insulation. 31

Product Evaluation and Approval

Current law requires the Commission to develop and implement an approval of products for statewide
use. The Commission has created a product approval system for products and systems that makeup
the building envelope and structural frame of a building. 32 The Commission does not approve products
for the interior of a building, including interior insulation products. 33 The Commission approves the
products in the following categories for statewide use: 34
• Panel Walls;
• Exterior Doors;
• Roofing Products;
• Skylights;
• Windows;
• Shutters;
• Structural Components; and
• Impact Protective Systems.

To obtain state approval, a manufacturer must demonstrate a product complies with the applicable
standards and provisions of the Building Code by submitting one of the following reports:
• A certification mark or listing of an approved certification agency;
• A test report from an approved testing laboratory;

26
See Ss. 125.56(4)(a) & 553.79(1), F.S.
27
S. 202 of the Building Code (Building), Sixth Edition.
28
S. 468.603(2), F.S.
29
Ss. 107 & 110 of the Building Code (Building), Sixth Edition.
30
S. 202 of the Building Code (Energy Conservation), Sixth Edition.
31
Ss. 202 & 402 of the Building Code (Energy Conservation), Sixth Edition; Department of Energy, Insulation,
https://www.energy.gov/energysaver/weatherize/insulation (last visited Nov. 25, 2019).
32
S. 553.842(1), F.S.; R. 61G20-3.001, F.A.C.
33
Email from Colton Madill, Deputy Legislative Affairs Director, Department of Business & Professional Regulation, HB 511
Question (Nov. 18, 2019).
34
R. 61G20-3.001, F.A.C.
STORAGE NAME: h0511.BPS.DOCX PAGE: 5
DATE: 1/13/2020
• A product evaluation report developed, signed and sealed by a Florida licensed engineer or
architect; or
• A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o lntertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division. 35

Approved Testing Laboratories

The Commission must approve an entity as an approved testing laboratory if it receives accreditation
indicating that it meets the Commission's approved standards for testing laboratories, and it receives a
certification of independence. 36

An entity may receive accreditation from one of the following bodies: 37
• The American Association for Laboratory Accreditation;
• The National Voluntary Laboratory Accreditation Program;
• One of the approved evaluation entities; or
• Any other approved accreditation bodies that meet the Commission's approved standards.

The Commission must issue a certificate of independence to a testing laboratory if an officer who is
responsible for operation of the laboratory attests that the laboratory: 38
• Does not have, nor does it intend to acquire or will it acquire, a financial interest in any company
manufacturing or distributing products tested or labeled by the laboratory.
• Is not owned, operated or controlled by any company manufacturing or distributing products it
tests or labels.

Florida Deceptive and Unfair Trade Practices Act

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) declares that any unfair or deceptive
acts or practices committed in the conduct of any trade or commerce is unlawful. 39 The purpose of
FDUTPA is to: 40
• Simplify, clarify, and modernize the law governing consumer protection, unfair methods of
competition, and unconscionable, deceptive, and unfair trade practices.
• Protect the consuming public and legitimate business enterprises from those who engage in
unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the
conduct of any trade or commerce.
• Make state consumer protection and enforcement consistent with established policies of federal
law relating to consumer protection.

35
S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.floridabuilding.org/pr/pr org lst.aspx (last visited Nov. 11,
2019).
36
The Commission's approved standards for test laboratories is the International Organization for Standardization/International
Electrotechnical Commission Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories, any
standards referenced by the Building Code, or any standards that meet or exceed the first edition of the Building Code, which is
referred to as the 2001 edition of the Building Code. R. 61020-3.008(3), F.A.C.; R. 61020-3.015, F.A.C.; R. 61020-3.009, F.A.C.
37
S. 553.842(8)(b), F.S.; R. 61020-3.008(3).
38
R. 61020-3.009, F.A.C.
39
See Ch. 501, part II, F.S.
40
S. 501.202, F.S.
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DATE: 1/13/2020
Investigative and enforcement authority under FDUTPA is given to enforcing authorities. A state
attorney is an enforcing authority if a violation occurs in or affects the judicial circuit under the office's
jurisdiction. The Department of Legal Affairs within the Florida Office of the Attorney General
(Department) is also an enforcing authority, and has investigate and enforcement authority if a violation
occurs in or affects more than one judicial circuit or if the state attorney defers to the Department. 41
These enforcing authorities may, within 4 years after the occurrence of a violation or within 2 years after
the last payment in a transaction involved in a violation, bring an action:
• To obtain a declaratory judgment that an act or practice violates FDUTPA;
• To enjoin any person who has violated, is violating, or is otherwise likely to violate FDUTPA; or
• On behalf of one or more consumers or governmental entities for the actual damages caused by
an act or practice in violation of FDUTPA. 42
Enforcing authorities may collect a civil penalty of up to $10,000 per violation plus reasonable attorney's
fees and costs for willful violations of FDUTPA and up to $15,000 plus reasonable attorney's fees and
costs for willful violations of FDUTPA involving a senior citizen, a person who has a disability, a military
service member, or the spouse or dependent child of a military service member. 43 The Department also
has authority to issue a cease and desist order if it would be in the interest of the public. 44

If an enforcing authority receives a complaint regarding a person who is subject to other supervision in
the state, such enforcing authority must inform the supervising agency. 45

Current law provides that an enforcing authority bring an action against any person who advertises,
sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection
from wind-borne debris without approval by the Commission. 46

FDUTPA also provides a private cause of action for anyone aggrieved by a violation of FDUTPA to:
• Obtain a declaratory judgement that an act or practice violates FDUTPA;
• Enjoin a person who has violated, is violating, or is otherwise likely to violate FDUPTA; and
• Recover actual damages plus reasonable attorney's fees and costs. 47

Effect of the Bill

The bill provides that any person who advertises, sells, offers, provides, markets, or distributes interior
envelope insulation products without a valid ATSM report stating the product complies with the Building
Code and the corresponding ASTM standard, is subject to a FDUTPA action brought by an enforcing
authority. Such report must come from a Commission approved testing laboratory, and the report must
be provided to a building official upon request.

B. SECTION DIRECTORY:
Section 1. Creates s. 553.843, F.S., providing requirements for providing interior insulation
products and providing a cause of action.

Section 2. Provides an effective date of July 1, 2020.

11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

41
Ss. 501.203(2), 501.206, & 501.207, F.S.
42
Ss. 501.207(1) & (5), F.S.
43
Ss. 501.2075, 501.2077, & 501.2105, F.S.
44
S. 501.208(1), F.S.
45
S. 501.209, F.S.
46
S. 553.842(5), F.S.
47
Ss. 501.2105 and 501.211, F.S.
STORAGE NAME: h0511.BPS.D0CX PAGE: 7
DATE: 1/13/2020
A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on the private sector by ensuring that local building officials know
whether insulation products meet the applicable standards of the Building Code.

D. FISCAL COMMENTS:
Ensuring that local building officials know whether insulation products meet the applicable standards of
the Building Code may result in a reduction in energy costs for consumers.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
None.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not appear to be inconsistent with or frustrate the FTC's regulations for home insulation
products.

The bill provides that sellers of interior envelope insulation products must have a valid ATSM report
stating the product complies with the Building Code and the report must provide the corresponding
ASTM standard. However, the bill does not indicate what the corresponding ASTM standard is. The
sponsor most likely meant that the corresponding ASTM standard is the ASTM testing standard that the
FTC requires. It is recommended that the bill be amended to state that the product must comply with
the ASTM standard required by the FTC.

STORAGE NAME: h0511.BPS.D0CX PAGE: 8
DATE: 1/13/2020
The bill applies to all types of interior insulation products including commercial and residential.
However, the FTC only regulates residential insulation products, and the FTC does not provide ASTM
testing standards for commercial insulation products. The sponsor may want to limit the bill to
residential insulation products.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

STORAGE NAME: h0511.BPS.D0CX PAGE: 9
DATE: 1/13/2020
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 511 2020

1 A bill to be entitled
2 An act relating to insulation products; creating s.
3 553.843, F.S.; specifying that a person who takes
4 certain actions relating to interior building envelope
5 insulation products without having a certain test
6 report is subject to the Florida Deceptive and Unfair
7 Trade Practices Act; requiring that such test report
8 be provided, upon request, to a local building
9 official; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 553.843, Florida Statutes, is created
14 to read:
15 553.843 Interior building envelope insulation products.-
16 Any person who advertises, sells, offers, provides, distributes,
17 or markets a product as interior building envelope insulation
18 without a valid ASTM test report, which also complies with the
19 corresponding ASTM standard for the product, from a commission-
20 approved testing laboratory indicating that the product complies
21 with the Florida Building Code is subject to the Florida
22 Deceptive and Unfair Trade Practices Act under part II of
23 chapter 501, brought by the enforcing authority as defined ins.
24 501.203. The test report for interior building envelope
25 insulation indicating that the product complies with the code

Page 1 of 2

CODING: Words striskeA are deletions; words underlined are additions.
hb0511-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 511 2020

26 must be provided, upon request, to the local building official.
27 Section 2. This act shall take effect July 1, 2020.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0511-00
BUSINESS & PROFESSIONS SUBCOMMITTEE

HB 511 by Rep. Fine
Insulation Products

AMENDMENT SUMMARY
January 15, 2020

Amendment 1 by Rep. Fine (Strike-all amendment):
The strike-all amendment differs from the original bill in the following ways:
• Limits the bill's application to residential dwellings except for pipe insulation and duct
insulation.
• Defines "residential dwellings" to include, one-, two-, and three- family residences,
townhomes, residential condominiums and cooperatives, apartments, residential
manufactured buildings, residential modular buildings, residential factory buildings, and
mobile homes.
• Limits the applicability of the bill's requirements to manufacturers of interior insulation
products.
• Provides that a product evaluation report may not be used to comply with the bill's
requirements in lieu of the test report.
• Clarifies that the test reports must indicate that the products meet the ASTM standards
required by the FTC.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 511 (2020)
Amendment No. 1.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Business & Professions
2 Subcommittee
3 Representative Fine offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 553.843, Florida Statutes, is created
8 to read:
9 553.843 Interior building envelope insulation products.-
10 (1) For purposes of this section the term "residential
11 dwelling" includes one-family, two-family, three-family
12 residences, townhomes, residential condominiums, residential
13 cooperatives, apartments, residential manufactured buildings,
14 residential modular buildings, residential factory buildings,
15 and mobile homes.

665721 - h511-strike.docx
Published On: 1/14/2020 3:30:20 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 511 (2020)
Amendment No. 1.

16 (2) Any person who manufacturers a product that is
17 advertised, sold, offered, provided, distributed, or marketed as
18 interior building envelope insulation for residential dwellings,
19 not including pipe insulation or duct insulation, without a
20 valid test report from a commission-approved testing laboratory
21 indicating that the product complies with the Florida Building
22 Code and the ASTM International standard for the product as
23 provided by Federal Trade Commission regulations in 16 C.F.R.
24 ss. 460.1, et. seq., is subject to the Florida Deceptive and
25 Unfair Trade Practices Act under part II of chapter 501, if
26 brought by the enforcing authority as defined ins. 501.203. The
27 test report for interior building envelope insulation products
28 for residential dwellings must be provided, upon request, to a
29 local building official. A product evaluation report may not be
30 used in lieu of the test report. For purposes of this section,
31 "manufacture" has the same meaning as provided in 553.36(12).
32 Section 2. This act shall take effect July 1, 2020.
33
34 T I T L E A ME N D ME N T
35 Remove everything before the enacting clause and insert:
36 An act relating to insulation products; creating s.
37 553.843, F.S.; providing a definition for "residential
38 dwelling"; specifying that a person who takes certain
39 actions relating to interior building envelope
40 insulation products for residential dwellings without

665721 - h511-strike.docx
Published On: 1/14/2020 3:30:20 PM
Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 511 (2020)
Amendment No. 1.

41 having a certain test report is subject to the Florida
42 Deceptive and Unfair Trade Practices Act; providing
43 that a product evaluation report may not be used in
44 lieu of test; requiring that such test report be
45 provided, upon request, to a local building official;
46 providing a definition for "manufacture"; providing an
47 effective date.

665721 - h511-strike.docx
Published On: 1/14/2020 3:30:20 PM
Page 3 of 3
I
OJ
a,
00
(0
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 689 Department of Business and Professional Regulation
SPONSOR(S): Rodriguez, A
TIED BILLS: IDEN./SIM. BILLS: SB 912

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Wright Anstead~

2) Government Operations & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR), is responsible for licensing and regulating
tobacco and alcohol sales, pugilistic events, condominium associations, and public food and lodging
establishments in Florida.

Related to tobacco taxing and reporting regulations, the bill:
• requires that business records related to cigarette and tobacco products must be filed with DBPR,
through their electronic system, and
• updates reporting requirements related to the sale of tobacco products.

Related to alcohol regulations, the bill:
• changes the mechanism for how alcoholic beverage license applicants submit fingerprints to DBPR,
• requires that an applicant for any alcoholic beverage license provide proof of the applicant's right of
occupancy for the entire premises for which the applicant is seeking to license,
• requires alcoholic beverage licensees to maintain a current electronic mail address with DBPR,
• requires reports on alcohol sales be submitted through DBPR's electronic system,
• requires notices related to a vendor payment delinquency to be made through electronic mail, and
• changes auditing timeframes for special restaurant licensees.

Related to pugilistic events regulations, the bill gives full authority to the Florida State Boxing Commission to
determine glove weights and requirements, including not requiring any gloves for pugilistic matches.

Related to condominium association regulations, the bill:
• requires that a proposed annual budget be provided to members of the association and adopted by the
board of directors no later than 30 days before the beginning of the fiscal year,
• provides that a person may not serve on a board if he or she is delinquent in the payment of an
assessment due to the condominium association,
• removes the requirement that the Ombudsman keep his or her principal office in Leon County, and
• allows DBPR to adopt rules on the submission of complaints against condominium associations.

Related to public lodging establishments and public food service establishments licensing procedures, the bill:
• removes the requirement for a staggered license renewal schedule, and instead allows DBPR to adopt
rules regarding license issuance and renewals, and
• removes partial initial fee payments, and instead requires that all fees be paid at the time of application.

The bill has no fiscal impact on local governments and has an indeterminate fiscal impact on state government.

The bill has an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0689.BPS.D0CX
DATE: 12/23/2019
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation

The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations. 1

The Division of Regulation is the enforcement authority for the Florida State Boxing Commission, Labor
Organizations and Business Agents, Farm Labor Program, Child Labor Program, and any professional
boards and programs housed within the Division of Professions. 2 To ensure compliance with applicable
laws and rules by those professions and related businesses, The Division of Regulation investigates
complaints, utilizes compliance mechanisms, and performs inspections. 3

The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH) provides consumer
protection for Florida residents living in regulated communities through education, complaint resolution,
mediation and arbitration, and developer disclosure. 4 FCTMH has limited regulatory authority over the
following business entities and individuals: 5
• Condominium Associations;
• Cooperative Associations;
• Florida Mobile Home Parks and related associations;
• Vacation Units and Timeshares;
• Yacht and Ship Brokers and related business entities; and
• Homeowners' Associations uurisdiction is limited to arbitration of election and recall disputes).

The Division of Hotels and Restaurants (H&R) licenses, inspects and regulates public lodging and food
service establishments in Florida. The division also licenses and regulates elevators, escalators and
other vertical conveyance devices. 6

1
s. 20.165, F.S.
2
Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/dbpr/reg/index.html (last visited Dec.
19, 2019).
3
Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-
of-regulation/ (last visited Jan. 8, 2020).
4
Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Jan. 8, 2020).
5 Id.
6 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,

http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Jan. 8, 2020).
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DATE: 12/23/2019
The Division of Alcoholic Beverages and Tobacco (ABT) regulates the manufacture, distribution, sale,
and service of alcoholic beverages and tobacco products in Florida, including:
• receipt and processing of license applications;
• collection and auditing of taxes, surcharges, and fees paid by licensees; and
• enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco
products.7

Tobacco

Background

ABT is responsible for the regulation of tobacco products under ch. 210, which sets out tax
requirements only for cigarettes and tobacco products, and ch. 569, F.S., which sets out requirements
for tobacco sales. 8

"Cigarettes" are defined ins. 210.01(1), F.S., relating to state taxes on cigarettes, as "any roll for
smoking, except one of which the tobacco is fully naturally fermented, without regard to the kind of
tobacco or other substances used in the inner roll or the nature or composition of the material in which
the roll is wrapped, which is made wholly or in part of tobacco irrespective of size or shape and whether
such tobacco is flavored, adulterated or mixed with any other ingredient." This definition does not
include cigars.

"Tobacco products" are defined ins. 210.25(11), F.S., relating to state taxes on tobacco products other
than cigarettes or cigars, as "loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable
for chewing."

Cigars, nicotine products, and nicotine dispensing devices are not included in these definitions, and
therefore they are not taxed as a cigarette or tobacco product in Florida. 9

A person, firm, association, or corporation must obtain a permit from ABT to function as any of the
following in Florida:
• retail tobacco products dealer, 10
• cigarette manufacturer, 11
• cigarette wholesale dealer, 12
• cigarette distributing agent, 13
• cigarette importer, 14
• cigarette exporter, 15 or
• cigar wholesale dealer, 16 or
• tobacco wholesale dealer/distributor. 17

7
Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited Jan. 8, 2020).
a S. 561.02, F.S.
9 Ss. 210.01(1), 210.25(12), F.S. "Nicotine dispensing device" means any product that employs an electronic, chemical, or mechanical

means to produce vapor from a nicotine product. "Nicotine products" do not include tobacco products, certain smoking cessation
products, and products with incidental nicotine. S. 877.112(1)(a),(b), F.S.
10 S. 569.003, F.S.
11 Ss. 210.01(21) and 210.15, F.S.
12 Ss. 210.01(6) and 210.15(1), F.S.
13 Ss. 210.01(14) and 210.15(1), F.S.
14 Ss. 210.01(20) and 210.15(1), F.S.
15 Ss. 210.01(17) and 210.15(1), F.S.
16
S. 210.65(2), F .S.
171 7 Ss. 210.25(5) and 210.40, F.S.

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DATE: 12/23/2019
ABT collects monthly business records related to cigarettes, which are used to accurately collect and
distribute cigarette taxes. Such records must be submitted to ABT by any manufacturer, importer,
distributing agent, wholesale dealer, retail dealer, common carrier, or any other person handling,
transporting, or possessing cigarettes for sale or distribution in Florida. ABT prescribes the manner in
which these records are submitted. 18

ABT also collects monthly returns showing the taxable price of each tobacco product, not including
cigarettes or cigars, that is manufactured or brought or caused to be brought into Florida for sale. Such
returns must be submitted by every place of business that sells or manufactures such tobacco products
in Florida. ABT prescribes the form and content for submitting such returns to ABT. Each return must
be accompanied by a remittance for the full tax liability shown. 19

Effect of the Bill

The bill requires business records related to cigarette and tobacco products to be filed through ABT's
electronic data submission system.

The bill changes the requirements related to business records for tobacco products that must be
submitted to ABT. Instead of submitting a return showing the taxable price of each tobacco product,
tobacco product businesses must submit a full and complete report on tobacco product sales and
manufacturing.

Alcoholic Beverages

Requirements for Licensees and License Applicants

ABT is responsible for enforcing the Beverage Law and supervising the conduct, management, and
operation of the manufacturing, packaging, distribution, and sale of all alcoholic beverages in Florida. 20

Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any
way dealing in alcoholic beverages, must file a sworn application in the format prescribed by ABT. The
applicant must be a legal or business entity, person, or persons and must include all persons, officers,
shareholders, and directors of such legal or business entity that have a direct or indirect interest in the
business seeking to be licensed under this part. The format and content of the application is determined
by ABT. 21

Before any application is approved, ABT may require such applicant to file a set of fingerprints with ABT
on regular United States Department of Justice (USDOJ) forms, and for any person or persons
interested directly or indirectly with the applicant in the business for which the license is being sought. 22

All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied
by a certificate from H&R, the Department of Agriculture and Consumer Services, the Department of
Health, the Agency for Health Care Administration, or the county health department stating that the
place of business wherein the business is to be conducted meets all of the sanitary requirements of the
state. 23

18 S. 210.09(2), F.S. Some tax forms are electronically filed with ABT, and some require manual transmission. Department of Business

and Professional Regulation, Alcoholic Beverages and Tobacco- Fonns & Publications, Licensing Related Fonns, Tax-Related Fonns,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/forms-and-publications/#1516309637983-6566a2a4-a2f1
(last visited Jan. 10, 2020).
19 S. 210.55(1), F.S.
20 S. 561.02, F.S.
21
S. 561.17(1), F.S.
221d.
23 Id.
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DATE: 12/23/2019
Generally, for premises and manufacturing licenses, ABT requires that applicants must submit sketches
of the area and have some dominion and control over the area, but there is not a specific requirement
that applicants have a right of occupancy for the entire premises for which a license is sought. 24

There is also not a statutory requirement that licensees or applicants provide and maintain an electronic
mail address for communications with ABT.

Each manufacturer, distributor, broker, sales agent, importer, and exporter must keep a complete and
accurate record and make reports showing the amount of: 25
• beverages manufactured or sold within the state and to whom sold;
• beverages imported from beyond the limits of the state and to whom sold; and
• beverages exported beyond the limits of the state, to whom sold, the place where sold, and the
address of the person to whom sold.

Each manufacturer, distributor, broker, sales agent, and importer must send this full and complete
report to ABT by the 10th day of each month for the previous calendar month. The report must be made
out in triplicate: two copies must be sent to ABT, and the third copy must be retained for the licensee's
record. Reports must be made on forms prepared and furnished by ABT. 26

Credit for the Sale of Liquor

Vendors have up to 10 days after the calendar week when a sale of liquor was made to make a timely
payment to a distributor for such liquor. When a vendor does not make a timely payment, the distributor
who made such sale must, within 3 days, notify ABT of such in writing. 27

ABT must then give notice to such vendor that it has received a notice of payment delinquency from a
distributor. The vendor has 5 days after receipt of such notice to show cause and demand a hearing.
The demand must be delivered to ABT either in person or by due course of mail within those 5 days. 28

If no such demand for hearing is made, ABT must declare in writing to such vendor and to all
manufacturers and distributors in Florida that all further sales to such vendor are prohibited until ABT
certifies in writing that such vendor has fully paid for all liquors previously purchased. 29

Permit Carriers

"Permit carrier" is defined as "a licensee authorized to make deliveries as provided ins. 561.57, F.S." 30

In 2015, the Legislature passed a law amending s. 561.57, F.S., which allowed a licensed vendor to
transport alcoholic beverages from a distributor's place of business to the vendor's licensed premises
or off-premises storage permitted by ABT without a vehicle permit. It also removed the requirement for
such vendors to possess an invoice or sales ticket during the transportation of alcoholic beverages. 31

When this law was passed, the definition for "permit carrier," which was the name of the permit that was
removed, was erroneously left in statute and is now obsolete. 32

24 Ss. 561.01 (11), 565.03(2)(c), F.S.; Email from Conner Mann, Office of Legislative Affairs, DBPR, RE: House Inquiry, (Dec. 19, 2019).
25 S. 561.55(1), F.S.
26 S. 561.55(2), F.S.
27 S. 561.42(3), F.S.

2a S. 561.42(4), F.S.
29 Id.
30 S. 561.01(20), F.S.
31 Ch. 2015-52, Laws of Fla.

32 Id.; S. 561.01, F.S.
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DATE: 12/23/2019
Auditing for Special Licenses

Section 561.20(1 ), F.S., limits, by county, the number of alcoholic beverage licenses that may be
issued for the sale of distilled spirits, to one license per 7,500 residents within the county. These limited
alcoholic beverage licenses are known as "quota" licenses. The quota license is the only alcoholic
beverage license that is limited in number; all other types of alcoholic beverage licenses are available
without limitation, if certain conditions are met.

A "special license" is an exception to the quota licensing scheme, which allows certain entities to serve
liquor without a quota license. One such special license is a "special restaurant license," which applies
to a food service establishment that has 2,500 square feet, is equipped to serve 150 persons at one
time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages. Such a food service establishment must be audited by ABT for compliance
with the food and nonalcoholic beverage sales percentage requirements during the first 60-day
operating period, and each 12-month operating period thereafter.

Failure by a sales licensee to satisfy the requirements as to the percentages of food and nonalcoholic
beverage sales results in revocation of the special license. A licensee whose license is revoked is
ineligible to have an interest in a subsequent application for a license for 120 days after the
revocation. 33

Effect of the Bill

The bill changes the mechanism through which applicants submit fingerprints to ABT. Instead of using
USDOJ forms, applicants will need to either file fingerprints electronically through an approved
electronic fingerprinting vendor, or use a form prescribed by the Florida Department of Law
Enforcement.

The bill requires that an applicant for any alcoholic beverage license provide proof of the applicant's
right of occupancy for the entire premises that the applicant is seeking a license.

The bill requires any person licensed or permitted by ABT to provide an electronic mail address to ABT
to function as the primary contact for all communication from ABT to the licensee or permittee. Such
licensees and permittees are responsible for maintaining accurate contact information with ABT.

The bill removes the requirement that reports on alcoholic beverages sold by a manufacturer,
distributor, broker, sales agent, and importer must be made out in triplicate. Instead, the reports will be
submitted to ABT through ABT's electronic data submission system.

The bill requires ABT to send a notice of payment delinquency to a vendor via electronic mail, not by
written notice. The bill also allows a vendor to send a demand for a hearing to ABT via electronic mail.

The bill removes the obsolete definition for "permit carrier."

The bill changes ABT auditing timeframes for special restaurant licensees. The bill gives ABT more
time to complete the initial audit. The first audit must be performed within the first 120 days of
operation, instead of within the first 60 days.

Also, instead of a mandatory yearly audit, the timing for subsequent audits will be determined by the
following percentages of the licensee's gross food and beverage revenue from the sale of food an non-
alcoholic beverages, as established by the licensee's most recent audit:
• level 1 licensees, with 51 to 60 percent, will be audited every year;
• level 2 licensees, with 61 to 75 percent, will be audited every 2 years;

33 S. 561.20(2)(a)4., F.S.
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• level 3 licensees, with 76 to 90 percent, will be audited every 3 years; and
• level 4 licensees, with 91 to 100 percent, will be audited every 4 years.

Pugilistic Exhibitions

Background

Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC). The function of the FSBC is
to license and regulate pugilistic events and matches, including professional boxing, kickboxing, and
mixed martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of
state laws and rules. The FSBC designates employees to attend the matches, appoints match officials,
and ensures the matches are held in a safe and fair manner. 34 Members of the FSBC are appointed by
the Governor, and there are five members. 35

A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, 36
matchmaker, or promoter must be licensed by FSBC before directly or indirectly acting in such capacity
in connection with any match. In order to obtain a license, an applicant must: 37
• complete an application in a form prescribed by the FSBC,
• be at least 18 years of age, and
• pay an application fee.

The FSBC generally establishes by rule any necessary protective devices that participants must wear,
and the appropriate weight of gloves to be used in each boxing match. However, by statute, all
participants in boxing matches must wear gloves weighing not less than 8 ounces each, and
participants in mixed martial arts matches must wear gloves weighing between 4 to 8 ounces each. 38

The FSBC requires that any glove intended to be used by a boxing or kickboxing participant in a match
to be whole, clean, in sanitary condition, and have the thumb attached. 39 When both participants in a
match weigh 154 pounds or less, both participants must use 8 ounce gloves, and when one or more of
the participants in a match weighs more than 154 pounds, both participants must use 10 ounce
gloves. 40

For mixed martial arts participants, the FSBC requires gloves to be whole, clean, and in sanitary
condition. 41 Gloves must weigh no less than 4 ounces and no more than 8 ounces, but both participants
must wear the same weight gloves and use the same manufacturer of gloves as provided by the
promoter, unless both participants agree to use different manufacturers of gloves. 42

There is a debate as to whether bare knuckle boxing is safer or more dangerous than competitions with
gloves. Data on the topic is limited. Gloves were initially introduced to boxing matches in the 18th
century as a way to protect the participants' hands, not heads. 43 Experts opposed to bare knuckle
matches argue that gloves help in blocks and other defensive moves, and therefore provide head
protection, and that bare knuckle matches generally involve more body shots, which can result in

34
S. 548.003, F.S.
35 S. 548.003(1), F.S.
36 A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain a license in good standing, and must

demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S.
37
S. 548.021, F.S.
38
S. 548.043(3), F.S.
39
R. 61K1-3.030(2)(d}, F.A.C.
40
R. 61 K1-3.030(2)(a}, (b}, F.A.C.
41
R. 61 K1-3.031 (2)(b}, F.A.C.
42
R. 61K1-3.031(2)(a}, F.A.C.
43 Bob Moen, Bare-knuckle boxing from a bygone era looks for a comeback, AP News,

https://apnews.com/a0926f603f6b4d83a958cc1d0fa9296e (last visited Jan. 11, 2020); Nick Wong, Why Bare-Knuckle Fighting May Be
Safer Than Boxing, Complex Media, Inc., https://www.complex.com/sports/2015/11/bare-knuckle-boxing (last visited Jan. 11, 2020).
STORAGE NAME: h0689.BPS.D0CX PAGE: 7
DATE: 12/23/2019
serious internal injuries. 44 However, experts in favor of bare knuckle matches argue that the force
behind a bare knuckle punch is generally less than a gloved punch, which can be safer for head strikes,
and that a bare knuckle match generally involves less total strikes due to hand injuries resulting from no
glove protection, which can lead to less injuries overall. 45

In 2011, the Yavapai Nation in Arizona oversaw a bare knuckle boxing match on an Indian reservation,
that is generally believed to be the first sanctioned bare knuckle boxing match in the United States
since 1889. 46 In 2018, Wyoming became the first state to allow bare knuckle boxing matches, and held
a championship event.47 On June 22, 2019, in Tampa, Florida, the FSBC sanctioned The Bare Knuckle
Fighting Championship, where the participants wore gloves that exposed the knuckles. 48 Currently,
Wyoming, Mississippi, Florida, Kansas, and several Tribal Nations allow sanctioned bare knuckle
boxing events. 49

Effect of the Bill

The bill changes the name of the "Florida State Boxing Commission" to the "Florida Athletic
Commission."

The bill gives full authority to the FSBC to determine glove requirements and weights for any pugilistic
match, without a minimum or maximum weight set by statute. It also gives the FSBC ,the option of not
requiring any gloves for pugilistic matches.

Condominiums

FCTMH, a division within DBPR, provides education, complaint resolution, mediation and arbitration,
and developer disclosures for condominium associations. 50

A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., (the
Condominium Act) comprised of units which may be owned by one or more persons along with an
undivided right of access to common elements. 51 A condominium is created by recording a declaration
of condominium in the public records of the county where the condominium is located. 52 All unit owners
are members of the condominium association, an entity responsible for the operation and maintenance
of the common elements owned by the unit owners. The condominium association is overseen by an
elected board of directors, which enacts bylaws which govern the administration of the association.

Annual Budget

Every condominium association must have an annual financial budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the condominium. The annual

44 Id.
45 Id.
46 Michael Woods, Reviving a bygone, bare-knuckle era, ESPN (Aug. 5, 2011 ),
https://www.espn.com/boxing/story/ /id/6835788/bringing-back-bygone-bare-knuckle-era-boxing (last visited Jan. 9, 2020).
47
Josh Peter, Bare-knuckle boxing legally held in United States for first time, USA Today (Jun. 3, 2018),
https://www.usatoday.com/story/sports/boxing/2018/06/02/bare-knuckle-boxing-official-return/666535002/ (last visited Jan. 9, 2020).
48
Florida Department of Business and Professional Regulation, Match Results,
http://www.myfloridalicense.com/dbpr/pro/sbc/documents/BKFC6MatchResults.pdf (last visited Jan. 9, 2020); Combat Sports Law, Let's
Talk Florida and Bare Knuckle Boxing, https://combatsportslaw.com/2019/05/21/lets-talk-florida-and-bare-knuckle-boxing/ (last visited
Jan. 9, 2020).
49
Combat Sports Law, Documenting Bare Knuckle Boxing Legality, https://combatsportslaw.com/2019/06/23/documentinq-bare-
knuckle-boxing-legality/ (last visited Jan. 9, 2020).
50 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,

http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Jan. 8, 2020).
51
S. 718.103(11), F.S.
52 S. 718.104(2), F.S.
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DATE: 12/23/2019
budget must include operating expenses for the coming year and reserve accounts for capital
expenditures and deferred maintenance. 53

In order to adopt a proposed annual budget, an association must hold a meeting to adopt the proposed
budget. The association must provide notice of the meeting and a copy of the proposed budget to the
members of the association at least 14 days before the meeting. 54 The proposed budget must be
detailed, and, at a minimum, include the condominium's estimated expenses, the estimated expenses
of each unit owner, and a statement that the proposed budget is a good faith estimate and represents
an approximation of the future expenses. 55

Board Directors

The condominium association is overseen by an elected board of directors. The board is responsible
for managing the affairs of the association, has a fiduciary relationship with the unit owners, and has
the responsibility to act with the highest degree of good faith and to place the interests of the unit
owners above the personal interests of the directors. 56

There are two ways that a person may become a board member:
• A person may be elected to the board by the members of the association, 57 or
• A person is appointed to the board by the developer if the developer is still entitled to
representation, or by the board of directors if a vacancy on the board occurs between
meetings. 58

A condominium association's bylaws will establish the eligibility requirements to serve on the
association's board of directors. 59 However, current law also establishes minimum requirements in
order to serve on an association's board of directors. 60 In order to serve as a board director a person
may not: 61
• Be a co-owner of a unit with another director unless they own more than one unit or the
condominium association is made up of less than ten units;
• Be delinquent in the payment of any monetary obligation to the condominium association;
• Have been previously suspended or removed from a condominium association's board of
directors by FCTMH; or
• Have been convicted of a felony, under certain circumstances. 62

The term "monetary obligation" is not defined in the Condominium Act, but, according to legal experts, a
monetary obligation is considered to be any type of money owed to the association including fines,
fees, and assessments. 63

The Condominium Act also does not define the term "delinquent." According to DBPR, this can result in
confusion for purposes of determining if a person is eligible to serve as a board director, because many

53 S. 718.112(2)(1), F.S.
54
S. 718.112(2)(e), F.S.
55 Ss. 718.112(2)(1), & 718.504(21), F.S.
56
Ss. 718.103(4), 718.111, 718.112, F.S.
57
S. 718.112(2)(d)4., F.S.
58 Ss. 617.0809, & 718.112(2)(d)9., F.S.

59 S. 718.112(2)(a), F.S.
60 S. 718.112(2)(d), F.S.
61 Ss. 718.112(2)(d), F.S.

62 S. 718 .111 ( 1)( d), F. S.
63 See Ch. 718, F.S.; David G. Muller, Can delinquent owner run fora board, Naples Daily News, Aug. 17, 2019,

https://www.naplesnews.com/story/money/real-estate/2019/08/17/can-delinquent-owner-run-board/1985170001 / (last visited Jan. 9,
2020); Joe Adams, Term Limits Continue to Cause Confusion, Florida Condo & HOA Law Blog, Dec. 17, 2018,
https://www.floridacondohoalawblog.com/2018/12/17/term-limits-continue-to-cause-confusion/ (last visited Jan. 9, 2020).
STORAGE NAME: h0689.BPS.D0CX PAGE: 9
DATE: 12/23/2019
associations have grace periods before late fees and interest applies to unpaid monetary obligations.
However, it is unclear if these grace periods apply related to board service eligibility. 64

Condominium Ombudsman

Within FCTMH is housed the Office of the Condominium Ombudsman (Ombudsman). The
Ombudsman is an attorney appointed by the Governor and a neutral resource for unit owners and
condominium associations. The Ombudsman is authorized to prepare and issue reports and
recommendations to the Governor, FCTMH, and the Legislature on any matter or subject within the
jurisdiction of FCTMH. In addition, the Ombudsman may make recommendations to FCTMH for
changes in rules and procedures for the filing, investigation, and resolution of complaints. 65

The Ombudsman also acts as a liaison between FCTMH, unit owners, and condominium associations,
and is responsible for developing policies and procedures to help affected parties understand their
rights and responsibilities. 66

The Ombudsman is required to keep his or her principal office in Leon County. 67

Condominium Complaints Received by FCTMH

FCTMH is charged with ensuring that condominium associations comply with the requirements of the
Condominium Act and handling complaints alleging violations of the Condominium Act. FCTMH has
complete jurisdiction to investigate complaints and enforce compliance with the Condominium Act for
associations that are controlled by a developer, a bulk buyer, or a bulk assignee. 68 Once a developer
has turned control of the condominium to the association, FCTMH only has jurisdiction to investigate
complaints related to financial issues, elections, and unit owner access to official records. 69

Within 30 days of receiving a complaint, FCTMH must acknowledge the complaint in writing, and notify
the complainant whether the complaint is in its jurisdiction and whether additional information is
needed. If the complaint is within FCTMH's jurisdiction, FCTMH must investigate the complaint and
take action within 90 days of receiving the complaint or receiving additional information requested by
FCTMH. 70

Current law creates rules and requirements for filing complaints with DBPR against licensed
professionals regulated by DBPR. Complaints filed against licensed professionals must be in writing,
signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate
facts that show a violation of the licensed professional's practice act. 71 However, no such rules or
requirements exists for filing complaints against condominiums with FCTMH.

FCTMH provides a complaint form for condominium complaints, including a checklist of documents to
provide with the complaint, on its website. According to FCTMH, submitting a complaint on the
FCTMH's complaint form "may expedite the processing of your complaint." 72

64 See Ch. 718, F.S.; Email from Gabe Peters,, Director of Legislative Affairs, Department of Business & Professional Regulation,

Condo Language Clarification (Jan. 10, 2020).
65 Ss. 718.5011 & 718.5012, F.S.
66 Id.
67 S. 718.5014, F.S.
68 A bulk assignee is a person who buys more than seven units in a single condominium and receives assignment of any of the

developer's rights. A bulk buyer is a person who buys more than seven units in a single condominium but does not receive any of the
developer's rights. S. 718.703, F.S.
6 9 Ss. 718.117, & 718.501, F.S.
70 S. 718.501 (1 )(m), F .S.

7 1 S. 455.225(1), F.S.
72 Florida Department of Business & Professional Regulation, How to File a Complaint, http://www.myfloridalicense.com/DBPR/condos-

timeshares-mobile-homes/complaints/#1572463379489-2bc8adc0-ec6a (last visited Jan. 10, 2020); Florida Department of Business &
Professional Regulation, Instructions for Filing a Condominium/Cooperative Complaint,
http://www.myfloridalicense.com/dbpr/lsc/documents/cccomplaint.pdf (last visited Jan. 10, 2020).
STORAGE NAME: h0689.BPS.DOCX PAGE: 10
DATE: 12/23/2019
According to DBPR, establishing rules and requirements for filing complaints against condominium
associations would allow FCTMH to be more efficient in resolving complaints filed against condominium
associations. 73

Effect of the Bill

The bill provides that in addition to the current law requirements for adopting a proposed annual
budget, a proposed annual budget must be provided to members of the association and adopted by the
board of directors no later than 30 days before the beginning of the fiscal year, instead of only being
provided to members 14 days before the meeting.

The bill provides that a person may not serve on a board if he or she is delinquent in the payment of an
assessment due to the condominium association, instead of any monetary obligation. Current law
defines "assessment" as an owner's share of funds that are required for the payment of common
expenses. 74

The bill also provides that a person is delinquent if a payment is not made by the due date identified in
the association's declaration, articles of incorporation, or bylaws. If no due date is specifically identified
in the condominium's declaration, articles of incorporation, or bylaws the due date is the first day of the
monthly or quarterly assessment period.

The bill removes the requirement that the Ombudsman must keep his or her principal office in Leon
County.

The bill provides that FCTMH may adopt rules regarding the submission of a complaint against a
condominium association.

Hotels and Restaurants

Background

H&R licenses, inspects, and regulates public lodging establishments and public food service
establishments in Florida. 75

"Public lodging establishment" includes: 76
• "Transient public lodging establishments," which means "any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests;" and
• "Nontransient public lodging establishments," which means "any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests for
periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests for periods of at least 30 days or 1
calendar month."

"Public food service establishments" means "any building, vehicle, place, or structure, or any room or
division thereof, where food is prepared, served, or sold for immediate consumption on or in the vicinity

73 Email from Gabe Peters, Director of Legislative Affairs, Department of Business & Professional Regulation, Condo Clarification (Jan.

10, 2020).
74 S. 718.103(1), F.S.
75 S. 509.032, F.S.
76 S. 509.013(4), F.S.
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DATE: 12/23/2019
of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption," with certain exceptions. 77

Each public lodging establishment and public food service establishment must obtain a license from
H&R Licenses are renewed annually, and H&R must adopt a rule establishing a staggered schedule
for license renewals. 78

H&R adopts, by rule, a schedule of fees to be paid by each public lodging establishment and public
food service establishment for the issuance or renewal of a license. Such fees are based on the
number of rental units in the public lodging establishment, and based on seating capacity and services
offered for public food service establishments. 79 License fees generally range from $91 for a temporary
food vendor to $370 for a hotel with 501 or more rental units. 80

The fee schedules require such establishments applying for an initial license to pay the full license fee if
the application is made during the annual renewal period or more than 6 months before the next such
renewal period, and one-half of the fee if the application is made 6 months or less before the next
renewal period. 81 For example: if an applicant is applying for a hotel license with between 26 and 50
rental units, the initial license fee is $215, but if such applicant is applying for the license less than 6
months before the beginning of the next renewal period, the initial license fee is $112.50. Such
applicant will need to pay the full annual fee when the next renewal period begins. 82

Effect of the Bill

For public lodging establishments and public food service establishments, the bill:
• removes the requirement for a staggered license renewal schedule, and instead allows H&R to
adopt rules regarding license issuance and renewals,
• clarifies rulemaking authority, and
• removes the partial initial fee payment based on when an application is submitted, and instead
requires that all fees be paid at the time of application.

B. SECTION DIRECTORY:
Section 1 Amends s. 210.09, F.S., revising reporting requirements for cigarette sales.
Section 2 Amends s. 210.55, F.S., revising reporting requirements for tobacco products sales.
Section 3 Amends s. 509.241, F.S., revising fee schedules for public lodging establishments and
public food service establishments.
Section 4 Amends s. 509.251, F.S., revising fee schedules for public lodging establishments and
public food service establishments.
Section 5 Amends s. 548.003, F.S., renaming the Florida State Boxing Commission as the Florida
Athletic Commission.
Section 6 Amends s. 548.043, F.S., providing glove requirements for pugilistic events.
Section 7 Amends s. 561.01, F.S., deleting the definition for "permit carrier."
Section 8 Amends s. 561.17, F.S., revising filing requirements for fingerprints for alcohol license
applicants, and requiring alcohol licensees to maintain current electronic mail addresses.

77
S. 509.013(5), F.S.
7
8 S. 509.241(1), F.S.
79
S. 509.251 (1), (2), F.S.
80
Department of Business and Professional Regulation, Hotel and Restaurants - Hotel-Motel Guide,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Jan. 11,
2020); Department of Business and Professional Regulation, Hotel and Restaurants - Food Service Fees,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Jan. 11,
2020).
81 Id.
82 Department of Business and Professional Regulation, Hotel and Restaurants - Hotel-Motel Guide,

http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Jan. 11,
2020).
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DATE: 12/23/2019
Section 9 Amends s. 561.20, F.S., revising audit requirements for special restaurant licenses.
Section 10 Amends s. 561.42, F.S., allowing certain notices to be given by electronic mail.
Section 11 Amends s. 561.55, F.S., revising requirements for reports related to alcohol licenses.
Section 12 Amends s. 718.112, F.S., providing eligibility requirements for members of a
condominium board of directors.
Section 13 Amends s. 718.501, F.S., allowing FCTMH to adopt rules prescribing the form of
condominium complaints.
Section 14 Amends s. 718.5014, F.S., revising primary office location requirements for the office of
the condominium ombudsman.
Section 15 Amends s. 455.219, F.S., conforming a provision
Section 16 Amends s. 548.002, F.S., conforming a provision.
Section 17 Amends s. 548.05, F.S., conforming a provision.
Section 18 Amends s. 548.071, F.S., conforming a provision.
Section 19 Amends s. 548.077, F.S., conforming a provision.
Section 20 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The fiscal impact is indeterminate.

2. Expenditures:
The fiscal impact is indeterminate.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may make it easier for licensees to maintain their licenses due to clarified regulatory schemes
and regularized auditing and fee schedules.

D. FISCAL COMMENTS:
The fiscal impact is indeterminate.

Ill. COMMENTS

A CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.
STORAGE NAME: h0689.BPS.D0CX PAGE: 13
DATE: 12/23/2019
B. RULE-MAKING AUTHORITY:
DBPR will need to update rules related to regulations on tobacco, alcohol, condominium associations,
pugilistic events, and public lodging and food service establishments. DBPR has adequate rulemaking
authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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F L O R D A H O U S E 0 F REPRESENTATIVES

HB 689 2020

1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.09, F.S.;
4 requiring that certain reports relating to the
5 transportation or possession of cigarettes be filed
6 with the Division of Alcoholic Beverages and Tobacco
7 through the division's electronic data submission
8 system; amending s. 210.55, F.S.; requiring that
9 certain entities file reports, rather than returns,
10 relating to tobacco products with the division;
11 providing requirements for such reports; amending s.
12 509.241, F.S.; revising rulemaking requirements
13 relating to public lodging and food service licenses;
14 amending s. 509.251, F.S.; deleting provisions
15 relating to fee schedule requirements; specifying that
16 all fees are payable in full upon submission of an
17 application for a public lodging establishment license
18 or a public food service license; amending s. 548.003,
19 F.S.; renaming the Florida State Boxing Commission as
20 the Florida Athletic Commission; amending s. 548.043,
21 F.S.; revising rulemaking requirements for the
22 commission relating to gloves; amending s. 561.01,
23 F.S.; deleting the definition of the term "permit
24 carrier"; amending s. 561.17, F.S.; revising a
25 requirement related to the filing of fingerprints with

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26 the division; requiring that applications be
27 accompanied by certain information relating to right
28 of occupancy; providing requirements relating to
29 contact information for licensees and permittees;
30 amending s. 561.20, F.S.; conforming cross-references;
31 revising requirements for issuing special licenses to
32 certain food service establishments; amending s.
33 561.42, F.S.; requiring the division, and authorizing
34 vendors, to use electronic mail to give certain
35 notice; amending s. 561.55, F.S.; revising
36 requirements for reports relating to alcoholic
37 beverages; amending s. 718.112, F.S.; providing the
38 circumstances under which a person is delinquent in
39 the payment of an assessment in the context of
40 eligibility for membership on certain condominium
41 boards; requiring that an annual budget be proposed to
42 unit owners and adopted by the board before a
43 specified time; amending s. 718.501, F.S.; authorizing
44 the Division of Florida Condominiums, Timeshares, and
45 Mobile Homes to adopt rules regarding the submission
46 of complaints against a condominium association;
47 amending s. 718.5014, F.S.; revising the location
48 requirements for the principal office of the
49 condominium ombudsman; amending ss. 455.219, 548.002,
50 548.05, 548.071, and 548.077, F.S.; conforming

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51 provisions to changes made by the act; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Subsection (2) of section 210.09, Florida
57 Statutes, is amended to read:
58 210.09 Records to be kept; reports to be made;
59 examination.-
60 (2) The division is authorized to prescribe and promulgate
61 by rules and regulations, which shall have the force and effect
62 of the law, such records to be kept and reports to be made to
63 the division by any manufacturer, importer, distributing agent,
64 wholesale dealer, retail dealer, common carrier, or any other
65 person handling, transporting or possessing cigarettes for sale
66 or distribution within the state as may be necessary to collect
67 and properly distribute the taxes imposed bys. 210.02. All
68 reports shall be made on or before the 10th day of the month
69 following the month for which the report is made, unless the
70 division by rule or regulation shall prescribe that reports be
71 made more often. All reports shall be filed with the division
72 through the division's electronic data submission system.
73 Section 2. Subsection (1) of section 210.55, Florida
74 Statutes, is amended to read:
75 210.55 Distributors; monthly returns.-

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76 (1) On or before the 10th of each month, every taxpayer
77 with a place of business in this state shall file a full and
78 complete report return with the division showing the tobacco
79 products ta1table price of each tobacco product brought or caused
80 to be brought into this state for sale, or made, manufactured,
81 or fabricated in this state for sale in this state, during the
82 preceding month. Every taxpayer outside this state shall file a
83 full and complete report with the division through the
84 division's electronic data submission system return showing the
85 quantity and taxable price of each tobacco product shipped or
86 transported to retailers in this state, to be sold by those
87 retailers, during the preceding month. Reports must Returns
88 shall be made upon forms furnished and prescribed by the
89 division and must shall contain any other information that the
90 division requires. Each report must return shall be accompanied
91 by a remittance for the full tax liability shown and be filed
92 with the division through the division's electronic data
93 submission system.
94 Section 3. Subsection (1) of section 509.241, Florida
95 Statutes, is amended to read:
96 509.241 Licenses required; exceptions.-
97 (1) LICENSES; ANNUAL RENEWALS.-Each public lodging
98 establishment and public food service establishment shall obtain
99 a license from the division. Such license may not be transferred
100 from one place or individual to another. It shall be a

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101 misdemeanor of the second degree, punishable as provided ins.
102 775.082 ors. 775.083, for such an establishment to operate
103 without a license. Local law enforcement shall provide immediate
104 assistance in pursuing an illegally operating establishment. The
105 division may refuse a license, or a renewal thereof, to any
106 establishment that is not constructed and maintained in
107 accordance with law and with the rules of the division. The
108 division may refuse to issue a license, or a renewal thereof, to
109 any establishment an operator of which, within the preceding 5
110 years, has been adjudicated guilty of, or has forfeited a bond
111 when charged with, any crime reflecting on professional
112 character, including soliciting for prostitution, pandering,
113 letting premises for prostitution, keeping a disorderly place,
114 or illegally dealing in controlled substances as defined in
115 chapter 893, whether in this state or in any other jurisdiction
116 within the United States, or has had a license denied, revoked,
117 or suspended pursuant to s. 429.14. Licenses shall be renewed
118 annually, and the division shall adopt rules a rule establishing
119 procedures a staggered schedule for license issuance and
120 renewals. If any license expires while administrative charges
121 are pending against the license, the proceedings against the
122 license shall continue to conclusion as if the license were
123 still in effect.
124 Section 4. Subsections (1) and (2) of section 509.251,
125 Florida Statutes, are amended to read:

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12 6 509.251 License fees.-
127 (1) The division shall adopt, by rule, a schedule of fees
128 to be paid by each public lodging establishment as a
129 prerequisite to issuance or renewal of a license. Such fees
130 shall be based on the number of rental units in the
131 establishment. The aggregate fee per establishment charged any
132 public lodging establishment may not exceed $1,000; however, the
133 fees described in paragraphs (a) and (b) may not be included as
134 part of the aggregate fee subject to this cap. Vacation rental
135 units or timeshare projects within separate buildings or at
136 separate locations but managed by one licensed agent may be
137 combined in a single license application, and the division shall
138 charge a license fee as if all units in the application are in a
139 single licensed establishment. The fee oehedule shall require an
140 eotabliohfflent which applies for an initial license to pay the
141 full license fee if application is fflade during the annual
142 renewal period or Fflore than 6 Fflontho before the next ouch
143 renewal period and one half of the fee if application is Fflade 6
144 Fflontho or less before ouch period. The fee schedule shall
145 include fees collected for the purpose of funding the
146 Hospitality Education Program, pursuant to s. 509.302. All fees 7
147 which are payable in full for each application at the time
148 regardless of when the application is submitted.
149 (a) Upon making initial application or an application for
150 change of ownership, the applicant shall pay to the division a

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151 fee as prescribed by rule, not to exceed $50, in addition to any
152 other fees required by law, which shall cover all costs
153 associated with initiating regulation of the establishment.
154 (b) A license renewal filed with the division after the
155 expiration date shall be accompanied by a delinquent fee as
156 prescribed by rule, not to exceed $50, in addition to the
157 renewal fee and any other fees required by law.
158 (2) The division shall adopt, by rule, a schedule of fees
159 to be paid by each public food service establishment as a
160 prerequisite to issuance or renewal of a license. The fee
161 schedule shall prescribe a basic fee and additional fees based
162 on seating capacity and services offered. The aggregate fee per
163 establishment charged any public food service establishment may
164 not exceed $400; however, the fees described in paragraphs (a)
165 and (b) may not be included as part of the aggregate fee subject
166 to this cap. The fee schedule shall require an establishment
167 which applies for an initial license to pay the full license fee
168 if application is made during the annual renewal period or more
169 than 6 months before the next such renewal period and one half
170 of the fee if application is made 6 months or less before such
171 period. The fee schedule shall include fees collected for the
172 purpose of funding the Hospitality Education Program, pursuant
173 to s. 509.302. All fees, which are payable in full for each
174 application at the time regardless of when the application is
175 submitted.

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176 (a) Upon making initial application or an application for
177 change of ownership, the applicant shall pay to the division a
178 fee as prescribed by rule, not to exceed $50, in addition to any
179 other fees required by law, which shall cover all costs
180 associated with initiating regulation of the establishment.
181 (b) A license renewal filed with the division after the
182 expiration date shall be accompanied by a delinquent fee as
183 prescribed by rule, not to exceed $50, in addition to the
184 renewal fee and any other fees required by law.
185 Section 5. Section 548.003, Florida Statutes, is amended
186 to read:
187 548.003 Florida Athletic State Boning Commission.-
188 (1) The Florida Athletic State Boning Commission is
189 created and is assigned to the Department of Business and
190 Professional Regulation for administrative and fiscal
191 accountability purposes only. The Florida State Boning
192 commission shall consist of five members appointed by the
193 Governor, subject to confirmation by the Senate. One member must
194 be a physician licensed pursuant to chapter 458 or chapter 459,
195 who must maintain an unencumbered license in good standing, and
196 who must, at the time of her or his appointment, have practiced
197 medicine for at least 5 years. Upon the expiration of the term
198 of a commissioner, the Governor shall appoint a successor to
199 serve for a 4-year term. A commissioner whose term has expired
200 shall continue to serve on the commission until such time as a

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201 replacement is appointed. If a vacancy on the commission occurs
202 prior to the expiration of the term, it shall be filled for the
203 unexpired portion of the term in the same manner as the original
204 appointment.
205 (2) The Florida State Boning commission, as created by
206 subsection (1), shall administer the provisions of this chapter.
207 The commission has authority to adopt rules pursuant toss.
208 120.536(1) and 120.54 to implement the provisions of this
209 chapter and to implement each of the duties and responsibilities
210 conferred upon the commission, including, but not limited to:
211 (a) Development of an ethical code of conduct for
212 commissioners, commission staff, and commission officials.
213 (b) Facility and safety requirements relating to the ring,
214 floor plan and apron seating, emergency medical equipment and
215 services, and other equipment and services necessary for the
216 conduct of a program of matches.
217 (c) Requirements regarding a participant's apparel,
218 bandages, handwraps, gloves, mouthpiece, and appearance during a
219 match.
220 (d) Requirements relating to a manager's participation,
221 presence, and conduct during a match.
222 (e) Duties and responsibilities of all licensees under
223 this chapter.
224 (f) Procedures for hearings and resolution of disputes.
225 (g) Qualifications for appointment of referees and judges.

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226 (h) Qualifications for and appointment of chief inspectors
227 and inspectors and duties and responsibilities of chief
228 inspectors and inspectors with respect to oversight and
229 coordination of activities for each program of matches regulated
230 under this chapter.
231 (i) Designation and duties of a knockdown timekeeper.
232 (j) Setting fee and reimbursement schedules for referees
233 and other officials appointed by the commission or the
234 representative of the commission.
235 (k) Establishment of criteria for approval, disapproval,
236 suspension of approval, and revocation of approval of amateur
237 sanctioning organizations for amateur boxing, kickboxing, and
238 mixed martial arts held in this state, including, but not
239 limited to, the health and safety standards the organizations
240 use before, during, and after the matches to ensure the health,
241 safety, and well-being of the amateurs participating in the
242 matches, including the qualifications and numbers of health care
243 personnel required to be present, the qualifications required
244 for referees, and other requirements relating to the health,
245 safety, and well-being of the amateurs participating in the
246 matches. The commission may adopt by rule, or incorporate by
247 reference into rule, the health and safety standards of USA
248 Boxing as the minimum health and safety standards for an amateur
249 boxing sanctioning organization, the health and safety standards
250 of the International Sport Kickboxing Association as the minimum

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251 health and safety standards for an amateur kickboxing
252 sanctioning organization, and the minimum health and safety
253 standards for an amateur mixed martial arts sanctioning
254 organization. The commission shall review its rules for
255 necessary revision at least every 2 years and may adopt by rule,
256 or incorporate by reference into rule, the then-existing current
257 health and safety standards of USA Boxing and the International
258 Sport Kickboxing Association. The commission may adopt emergency
259 rules to administer this paragraph.
260 (3) The commission shall maintain an office in
261 Tallahassee. At the first meeting of the commission after June 1
262 of each year, the commission shall select a chair and a vice
263 chair from among its membership. Three members shall constitute
264 a quorum and the concurrence of at least three members is
265 necessary for official commission action.
266 ( 4) Three consecutive unexcused absences or absences
267 constituting 50 percent or more of the commission's meetings
268 within any 12-month period shall cause the commission membership
269 of the member in question to become void, and the position shall
270 be considered vacant. The commission shall, by rule, define
271 unexcused absences.
272 (5) Each commission member shall be accountable to the
273 Governor for the proper performance of duties as a member of the
274 commission. The Governor shall cause to be investigated any
275 complaint or unfavorable report received by the Governor or the

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276 department concerning an action of the commission or any member
277 and shall take appropriate action thereon. The Governor may
278 remove from office any member for malfeasance, unethical
279 conduct, misfeasance, neglect of duty, incompetence, permanent
280 inability to perform official duties, or pleading guilty or nolo
281 contendere to or being found guilty of a felony.
282 (6) Each member of the commission shall be compensated at
283 the rate of $50 for each day she or he attends a commission
284 meeting and shall be reimbursed for other expenses as provided
285 ins. 112.061.
286 (7) The commission shall be authorized to join and
287 participate in the activities of the Association of Boxing
288 Commissions (ABC).
289 ( 8) The department shall provide all legal and
290 investigative services necessary to implement this chapter. The
291 department may adopt rules as provided in ss. 120.536(1) and
292 120.54 to carry out its duties under this chapter.
293 Section 6. Subsection (3) of section 548.043, Florida
294 Statutes, is amended to read:
295 548.043 Weights and classes, limitations; gloves.-
296 (3) The commission shall establish by rule the need for
297 gloves, if any, and the weight of any such gloves to be used in
298 each pugilistic match the appropriate weight of gloves to be
299 used in each boxing ffiatch; however, all participants in boxing
300 matches shall wear gloves weighing not less than 8 ounces each

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301 and participants in mixed martial arts matches shall wear gloves
302 weighing 4 to 8 ounces each. Participants shall wear such
303 protective devices as the commission deems necessary.
304 Section 7. Subsection (20) of section 561.01, Florida
305 Statutes, is amended to read:
306 561.01 Definitions.-As used in the Beverage Law:
307 (20) "Permit carrier" means a licensee authorized to make
308 deliveries as provided ins. 561.57.
309 Section 8. Subsections (1) and (2) of section 561.17,
310 Florida Statutes, are amended, and subsection (5) is added to
311 that section, to read:
312 561.17 License and registration applications; approved
313 person.-
314 (1) Any person, before engaging in the business of
315 manufacturing, bottling, distributing, selling, or in any way
316 dealing in alcoholic beverages, shall file, with the district
317 licensing personnel of the district of the division in which the
318 place of business for which a license is sought is located, a
319 sworn application in the format prescribed by the division. The
320 applicant must be a legal or business entity, person, or persons
321 and must include all persons, officers, shareholders, and
322 directors of such legal or business entity that have a direct or
323 indirect interest in the business seeking to be licensed under
324 this part. However, the applicant does not include any person
325 that derives revenue from the license solely through a

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326 contractual relationship with the licensee, the substance of
327 which contractual relationship is not related to the control of
328 the sale of alcoholic beverages. Before any application is
329 approved, the division may require the applicant to file a set
330 of fingerprints electronically through an approved electronic
331 fingerprinting vendor or on regular URited States DepartffleRt of
332 Justice forms prescribed by the Florida Department of Law
333 Enforcement for herself or himself and for any person or persons
334 interested directly or indirectly with the applicant in the
335 business for which the license is being sought, when required by
336 the division. If the applicant or any person who is interested
337 with the applicant either directly or indirectly in the business
338 or who has a security interest in the license being sought or
339 has a right to a percentage payment from the proceeds of the
340 business, either by lease or otherwise, is not qualified, the
341 division shall deny the application. However, any company
342 regularly traded on a national securities exchange and not over
343 the counter; any insurer, as defined in the Florida Insurance
344 Code; or any bank or savings and loan association chartered by
345 this state, another state, or the United States which has an
346 interest, directly or indirectly, in an alcoholic beverage
347 license is not required to obtain the division's approval of its
348 officers, directors, or stockholders or any change of such
349 positions or interests. A shopping center with five or more
350 stores, one or more of which has an alcoholic beverage license

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351 and is required under a lease common to all shopping center
352 tenants to pay no more than 10 percent of the gross proceeds of
353 the business holding the license to the shopping center, is not
354 considered as having an interest, directly or indirectly, in the
355 license. A performing arts center, as defined ins. 561.01,
356 which has an interest, directly or indirectly, in an alcoholic
357 beverage license is not required to obtain division approval of
358 its volunteer officers or directors or of any change in such
359 positions or interests.
360 (2) All applications for any alcoholic beverage license
361 must be accompanied by proof of the applicant's right of
362 occupancy for the entire premises sought to be licensed. All
363 applications for alcoholic beverage licenses for consumption on
364 the premises shall be accompanied by a certificate of the
365 Division of Hotels and Restaurants of the Department of Business
366 and Professional Regulation, the Department of Agriculture and
367 Consumer Services, the Department of Health, the Agency for
368 Health Care Administration, or the county health department that
369 the place of business wherein the business is to be conducted
370 meets all of the sanitary requirements of the state.
371 (5) Any person or entity licensed or permitted by the
372 division must provide an electronic mail address to the division
373 to function as the primary contact for all communication by the
374 division to the licensee or permittees. Licensees and permittees
375 are responsible for maintaining accurate contact information on

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376 file with the division.
377 Section 9. Paragraph (a) of subsection (2) of section
378 561.20, Florida Statutes, is amended to read:
379 561.20 Limitation upon number of licenses issued.-
380 (2) (a) The limitation of the number of licenses as
381 provided in this section does not prohibit the issuance of a
382 special license to:
383 1. Any bona fide hotel, motel, or motor court of not fewer
384 than 80 guest rooms in any county having a population of less
385 than 50,000 residents, and of not fewer than 100 guest rooms in
386 any county having a population of 50,000 residents or greater;
387 or any bona fide hotel or motel located in a historic structure,
388 as defined ins. 561.01(20) s. §61.01(21), with fewer than 100
389 guest rooms which derives at least 51 percent of its gross
390 revenue from the rental of hotel or motel rooms, which is
391 licensed as a public lodging establishment by the Division of
392 Hotels and Restaurants; provided, however, that a bona fide
393 hotel or motel with no fewer than 10 and no more than 25 guest
394 rooms which is a historic structure, as defined ins. 561.01(20)
395 s. §61.01(21), in a municipality that on the effective date of
396 this act has a population, according to the University of
397 Florida's Bureau of Economic and Business Research Estimates of
398 Population for 1998, of no fewer than 25,000 and no more than
399 35,000 residents and that is within a constitutionally chartered
400 county may be issued a special license. This special license

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401 shall allow the sale and consumption of alcoholic beverages only
402 on the licensed premises of the hotel or motel. In addition, the
403 hotel or motel must derive at least 60 percent of its gross
404 revenue from the rental of hotel or motel rooms and the sale of
405 food and nonalcoholic beverages; provided that this subparagraph
406 shall supersede local laws requiring a greater number of hotel
407 rooms;
408 2. Any condominium accommodation of which no fewer than
409 100 condominium units are wholly rentable to transients and
410 which is licensed under chapter 509, except that the license
411 shall be issued only to the person or corporation that operates
412 the hotel or motel operation and not to the association of
413 condominium owners;
414 3. Any condominium accommodation of which no fewer than 50
415 condominium units are wholly rentable to transients, which is
416 licensed under chapter 509, and which is located in any county
417 having home rule under s. 10 ors. 11, Art. VIII of the State
418 Constitution of 1885, as amended, and incorporated by reference
419 ins. 6(e), Art. VIII of the State Constitution, except that the
420 license shall be issued only to the person or corporation that
421 operates the hotel or motel operation and not to the association
422 of condominium owners;
423 4. A food service establishment that has 2,500 square feet
424 of service area, is equipped to serve meals to 150 persons at
425 one time, and derives at least 51 percent of its gross food and

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426 beverage revenue from the sale of food and nonalcoholic
427 beverages during the first 120-day 60 day operating period and
428 the first ea€fl 12-month operating period thereafter. Subsequent
429 audit timeframes must be based upon the audit percentage
430 established by the most recent audit and conducted on a
431 staggered scale as follows: level 1, 51 percent to 60 percent,
432 every year; level 2, 61 percent to 75 percent, every 2 years;
433 level 3, 76 percent to 90 percent, every 3 years; and level 4,
434 91 percent to 100 percent, every 4 years. A food service
435 establishment granted a special license on or after January 1,
436 1958, pursuant to general or special law may not operate as a
437 package store and may not sell intoxicating beverages under such
438 license after the hours of serving or consumption of food have
439 elapsed. Failure by a licensee to meet the required percentage
440 of food and nonalcoholic beverage gross revenues during the
441 covered operating period shall result in revocation of the
442 license or denial of the pending license application. A licensee
443 whose license is revoked or an applicant whose pending
444 application is denied, or any person required to qualify on the
445 special license application, is ineligible to have any interest
446 in a subsequent application for such a license for a period of
447 120 days after the date of the final denial or revocation;
448 5. Any caterer, deriving at least 51 percent of its gross
449 food and beverage revenue from the sale of food and nonalcoholic
450 beverages at each catered event, licensed by the Division of

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451 Hotels and Restaurants under chapter 509. This subparagraph does
452 not apply to a culinary education program, as defined ins.
453 381.0072(2), which is licensed as a public food service
454 establishment by the Division of Hotels and Restaurants and
455 provides catering services. Notwithstanding any law to the
456 contrary, a licensee under this subparagraph shall sell or serve
457 alcoholic beverages only for consumption on the premises of a
458 catered event at which the licensee is also providing prepared
459 food, and shall prominently display its license at any catered
460 event at which the caterer is selling or serving alcoholic
461 beverages. A licensee under this subparagraph shall purchase all
462 alcoholic beverages it sells or serves at a catered event from a
463 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
464 under s. 565.02(1) subject to the limitation imposed in
465 subsection (1), as appropriate. A licensee under this
466 subparagraph may not store any alcoholic beverages to be sold or
467 served at a catered event. Any alcoholic beverages purchased by
468 a licensee under this subparagraph for a catered event that are
469 not used at that event must remain with the customer; provided
470 that if the vendor accepts unopened alcoholic beverages, the
471 licensee may return such alcoholic beverages to the vendor for a
472 credit or reimbursement. Regardless of the county or counties in
473 which the licensee operates, a licensee under this subparagraph
474 shall pay the annual state license tax set forth ins.
475 565.02(1) (b). A licensee under this subparagraph must maintain

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476 for a period of 3 years all records and receipts for each
477 catered event, including all contracts, customers' names, event
478 locations, event dates, food purchases and sales, alcoholic
479 beverage purchases and sales, nonalcoholic beverage purchases
480 and sales, and any other records required by the department by
481 rule to demonstrate compliance with the requirements of this
482 subparagraph. Notwithstanding any law to the contrary, any
483 vendor licensed under s. 565.02(1) subject to the limitation
484 imposed in subsection (1), may, without any additional licensure
485 under this subparagraph, serve or sell alcoholic beverages for
486 consumption on the premises of a catered event at which prepared
487 food is provided by a caterer licensed under chapter 509. If a
488 licensee under this subparagraph also possesses any other
489 license under the Beverage Law, the license issued under this
490 subparagraph shall not authorize the holder to conduct
491 activities on the premises to which the other license or
492 licenses apply that would otherwise be prohibited by the terms
493 of that license or the Beverage Law. Nothing in this section
494 shall permit the licensee to conduct activities that are
495 otherwise prohibited by the Beverage Law or local law. The
496 Division of Alcoholic Beverages and Tobacco is hereby authorized
497 to adopt rules to administer the license created in this
498 subparagraph, to include rules governing licensure,
499 recordkeeping, and enforcement. The first $300,000 in fees
500 collected by the division each fiscal year pursuant to this

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501 subparagraph shall be deposited in the Department of Children
502 and Families' Operations and Maintenance Trust Fund to be used
503 only for alcohol and drug abuse education, treatment, and
504 prevention programs. The remainder of the fees collected shall
505 be deposited into the Hotel and Restaurant Trust Fund created
506 pursuant to s. 509.072; or
507 6. A culinary education program as defined ins.
508 381.0072(2) which is licensed as a public food service
509 establishment by the Division of Hotels and Restaurants.
510 a. This special license shall allow the sale and
511 consumption of alcoholic beverages on the licensed premises of
512 the culinary education program. The culinary education program
513 shall specify designated areas in the facility where the
514 alcoholic beverages may be consumed at the time of application.
515 Alcoholic beverages sold for consumption on the premises may be
516 consumed only in areas designated pursuant to s. 561.01(11) and
517 may not be removed from the designated area. Such license shall
518 be applicable only in and for designated areas used by the
519 culinary education program.
520 b. If the culinary education program provides catering
521 services, this special license shall also allow the sale and
522 consumption of alcoholic beverages on the premises of a catered
523 event at which the licensee is also providing prepared food. A
524 culinary education program that provides catering services is
525 not required to derive at least 51 percent of its gross revenue

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526 from the sale of food and nonalcoholic beverages.
527 Notwithstanding any law to the contrary, a licensee that
528 provides catering services under this sub-subparagraph shall
529 prominently display its beverage license at any catered event at
530 which the caterer is selling or serving alcoholic beverages.
531 Regardless of the county or counties in which the licensee
532 operates, a licensee under this sub-subparagraph shall pay the
533 annual state license tax set forth in s. 5 65. 02 ( 1) (b) . A
534 licensee under this sub-subparagraph must maintain for a period
535 of 3 years all records required by the department by rule to
536 demonstrate compliance with the requirements of this sub-
537 subparagraph.
538 c. If a licensee under this subparagraph also possesses
539 any other license under the Beverage Law, the license issued
540 under this subparagraph does not authorize the holder to conduct
541 activities on the premises to which the other license or
542 licenses apply that would otherwise be prohibited by the terms
543 of that license or the Beverage Law. Nothing in this
544 subparagraph shall permit the licensee to conduct activities
545 that are otherwise prohibited by the Beverage Law or local law.
546 Any culinary education program that holds a license to sell
547 alcoholic beverages shall comply with the age requirements set
548 forth in ss. 562.11(4), 562.111(2), and 562.13.
549 d. The Division of Alcoholic Beverages and Tobacco may
550 adopt rules to administer the license created in this

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551 subparagraph, to include rules governing licensure,
552 recordkeeping, and enforcement.
553 e. A license issued pursuant to this subparagraph does not
554 permit the licensee to sell alcoholic beverages by the package
555 for off-premises consumption.
556
557 However, any license heretofore issued to any such hotel, motel,
558 motor court, or restaurant or hereafter issued to any such
559 hotel, motel, or motor court, including a condominium
560 accommodation, under the general law shall not be moved to a new
561 location, such license being valid only on the premises of such
562 hotel, motel, motor court, or restaurant. Licenses issued to
563 hotels, motels, motor courts, or restaurants under the general
564 law and held by such hotels, motels, motor courts, or
565 restaurants on May 24, 1947, shall be counted in the quota
566 limitation contained in subsection (1). Any license issued for
567 any hotel, motel, or motor court under this law shall be issued
568 only to the owner of the hotel, motel, or motor court or, in the
569 event the hotel, motel, or motor court is leased, to the lessee
570 of the hotel, motel, or motor court; and the license shall
571 remain in the name of the owner or lessee so long as the license
572 is in existence. Any special license now in existence heretofore
573 issued under this law cannot be renewed except in the name of
574 the owner of the hotel, motel, motor court, or restaurant or, in
575 the event the hotel, motel, motor court, or restaurant is

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576 leased, in the name of the lessee of the hotel, motel, motor
577 court, or restaurant in which the license is located and must
578 remain in the name of the owner or lessee so long as the license
579 is in existence. Any license issued under this section shall be
580 marked "Special," and nothing herein provided shall limit,
581 restrict, or prevent the issuance of a special license for any
582 restaurant or motel which shall hereafter meet the requirements
583 of the law existing immediately prior to the effective date of
584 this act, if construction of such restaurant has commenced prior
585 to the effective date of this act and is completed within 30
586 days thereafter, or if an application is on file for such
587 special license at the time this act takes effect; and any such
588 licenses issued under this proviso may be annually renewed as
589 now provided by law. Nothing herein prevents an application for
590 transfer of a license to a bona fide purchaser of any hotel,
591 motel, motor court, or restaurant by the purchaser of such
592 facility or the transfer of such license pursuant to law.
593 Section 10. Subsection (4) of section 561.42, Florida
594 Statutes, is amended to read:
595 561.42 Tied house evil; financial aid and assistance to
596 vendor by manufacturer, distributor, importer, primary American
597 source of supply, brand owner or registrant, or any broker,
598 sales agent, or sales person thereof, prohibited; procedure for
599 enforcement; exception.-
600 (4) Before the division shall so declare and prohibit such

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601 sales to such vendor, it shall, within 2 days after receipt of
602 such notice 7 the division shall give written notice to such
603 vendor by electronic mail of the receipt by the division of such
604 notification of delinquency and such vendor shall be directed to
605 forthwith make payment thereof or, upon failure to do so, to
606 show cause before the division why further sales to such vendor
607 shall not be prohibited. Good and sufficient cause to prevent
608 such action by the division may be made by showing payment,
609 failure of consideration, or any other defense which would be
610 considered sufficient in a common-law action. The vendor shall
611 have 5 days after service receipt of such notice via electronic
612 mail within which to show such cause, and he or she may demand a
613 hearing thereon, provided he or she does so in writing within
614 said 5 days, such written demand to be delivered to the division
615 either in person, by electronic mail, or by due course of mail
616 within such 5 days. If no such demand for hearing is made, the
617 division shall thereupon declare in writing to such vendor and
618 to all manufacturers and distributors within the state that all
619 further sales to such vendor are prohibited until such time as
620 the division certifies in writing that such vendor has fully
621 paid for all liquors previously purchased. In the event such
622 prohibition of sales and declaration thereof to the vendor,
623 manufacturers, and distributors is ordered by the division, the
624 vendor may seek review of such decision by the Department of
625 Business and Professional Regulation within 5 days. In the event

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626 application for such review is filed within such time, such
627 prohibition of sales shall not be made, published, or declared
628 until final disposition of such review by the department.
629 Section 11. Subsection (2) of section 561.55, Florida
630 Statutes, is amended to read:
631 561.55 Manufacturers', distributors', brokers', sales
632 agents', importers', vendors', and exporters' records and
633 reports.-
634 (2) Each manufacturer, distributor, broker, sales agent,
635 and importer shall make a full and complete report by the 10th
636 day of each month for the previous calendar month. The report
637 must be shall be made out in triplicate; two copies shall be
638 sent to the division, and the third copy shall be retained for
639 the FA:anufacturer's, distributor's, broker's, sales agent's, or
640 importer's record. Reports shall be made on forms prepared aft€i
641 furnished by the division and filed with the division through
642 the division's electronic data submission system.
643 Section 12. Paragraphs (d) and (f) of subsection (2) of
644 section 718.112, Florida Statutes, are amended to read:
645 718.112 Bylaws.-
646 (2) REQUIRED PROVISIONS.-The bylaws shall provide for the
647 following and, if they do not do so, shall be deemed to include
648 the following:
649 (d) Unit owner meetings.-
650 1. An annual meeting of the unit owners must be held at

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651 the location provided in the association bylaws and, if the
652 bylaws are silent as to the location, the meeting must be held
653 within 45 miles of the condominium property. However, such
654 distance requirement does not apply to an association governing
655 a timeshare condominium.
656 2. Unless the bylaws provide otherwise, a vacancy on the
657 board caused by the expiration of a director's term must be
658 filled by electing a new board member, and the election must be
659 by secret ballot. An election is not required if the number of
660 vacancies equals or exceeds the number of candidates. For
661 purposes of this paragraph, the term "candidate" means an
662 eligible person who has timely submitted the written notice, as
663 described in sub-subparagraph 4.a., of his or her intention to
664 become a candidate. Except in a timeshare or nonresidential
665 condominium, or if the staggered term of a board member does not
666 expire until a later annual meeting, or if all members' terms
667 would otherwise expire but there are no candidates, the terms of
668 all board members expire at the annual meeting, and such members
669 may stand for reelection unless prohibited by the bylaws. Board
670 members may serve terms longer than 1 year if permitted by the
671 bylaws or articles of incorporation. A board member may not
672 serve more than 8 consecutive years unless approved by an
673 affirmative vote of unit owners representing two-thirds of all
674 votes cast in the election or unless there are not enough
67 5 eligible candidates to fill the vacancies on the board at the

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676 time of the vacancy. If the number of board members whose terms
677 expire at the annual meeting equals or exceeds the number of
678 candidates, the candidates become members of the board effective
679 upon the adjournment of the annual meeting. Unless the bylaws
680 provide otherwise, any remaining vacancies shall be filled by
681 the affirmative vote of the majority of the directors making up
682 the newly constituted board even if the directors constitute
683 less than a quorum or there is only one director. In a
684 residential condominium association of more than 10 units or in
685 a residential condominium association that does not include
686 timeshare units or timeshare interests, co-owners of a unit may
687 not serve as members of the board of directors at the same time
688 unless they own more than one unit or unless there are not
689 enough eligible candidates to fill the vacancies on the board at
690 the time of the vacancy. A unit owner in a residential
691 condominium desiring to be a candidate for board membership must
692 comply with sub-subparagraph 4.a. and must be eligible to be a
693 candidate to serve on the board of directors at the time of the
694 deadline for submitting a notice of intent to run in order to
695 have his or her name listed as a proper candidate on the ballot
696 or to serve on the board. A person who has been suspended or
697 removed by the division under this chapter, or who is delinquent
698 in the payment of any assessment fflOfietary obligatiofi due to the
699 association, is not eligible to be a candidate for board
700 membership and may not be listed on the ballot. A person is

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701 delinquent if a payment is not made by the due date as
702 specifically identified in the declaration of condominium,
703 bylaws, or articles of incorporation. If a due date is not
704 specifically identified in the declaration of condominium,
705 bylaws, or articles of incorporation, the due date is the first
706 day of the monthly or quarterly assessment period. A person who
707 has been convicted of any felony in this state or in a United
708 States District or Territorial Court, or who has been convicted
709 of any offense in another jurisdiction which would be considered
710 a felony if committed in this state, is not eligible for board
711 membership unless such felon's civil rights have been restored
712 for at least 5 years as of the date such person seeks election
713 to the board. The validity of an action by the board is not
714 affected if it is later determined that a board member is
715 ineligible for board membership due to having been convicted of
716 a felony. This subparagraph does not limit the term of a member
717 of the board of a nonresidential or timeshare condominium.
718 3. The bylaws must provide the method of calling meetings
719 of unit owners, including annual meetings. Written notice must
720 include an agenda, must be mailed, hand delivered, or
721 electronically transmitted to each unit owner at least 14 days
722 before the annual meeting, and must be posted in a conspicuous
723 place on the condominium property at least 14 continuous days
724 before the annual meeting. Upon notice to the unit owners, the
725 board shall, by duly adopted rule, designate a specific location

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726 on the condominium property where all notices of unit owner
727 meetings must be posted. This requirement does not apply if
728 there is no condominium property for posting notices. In lieu
729 of, or in addition to, the physical posting of meeting notices,
730 the association may, by reasonable rule, adopt a procedure for
731 conspicuously posting and repeatedly broadcasting the notice and
732 the agenda on a closed-circuit cable television system serving
733 the condominium association. However, if broadcast notice is
734 used in lieu of a notice posted physically on the condominium
735 property, the notice and agenda must be broadcast at least four
736 times every broadcast hour of each day that a posted notice is
737 otherwise required under this section. If broadcast notice is
738 provided, the notice and agenda must be broadcast in a manner
739 and for a sufficient continuous length of time so as to allow an
740 average reader to observe the notice and read and comprehend the
741 entire content of the notice and the agenda. In addition to any
742 of the authorized means of providing notice of a meeting of the
743 board, the association may, by rule, adopt a procedure for
744 conspicuously posting the meeting notice and the agenda on a
745 website serving the condominium association for at least the
746 minimum period of time for which a notice of a meeting is also
747 required to be physically posted on the condominium property.
748 Any rule adopted shall, in addition to other matters, include a
749 requirement that the association send an electronic notice in
750 the same manner as a notice for a meeting of the members, which

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751 must include a hyperlink to the website where the notice is
752 posted, to unit owners whose e-mail addresses are included in
753 the association's official records. Unless a unit owner waives
754 in writing the right to receive notice of the annual meeting,
755 such notice must be hand delivered, mailed, or electronically
756 transmitted to each unit owner. Notice for meetings and notice
757 for all other purposes must be mailed to each unit owner at the
758 address last furnished to the association by the unit owner, or
759 hand delivered to each unit owner. However, if a unit is owned
760 by more than one person, the association must provide notice to
761 the address that the developer identifies for that purpose and
762 thereafter as one or more of the owners of the unit advise the
763 association in writing, or if no address is given or the owners
764 of the unit do not agree, to the address provided on the deed of
765 record. An officer of the association, or the manager or other
766 person providing notice of the association meeting, must provide
767 an affidavit or United States Postal Service certificate of
768 mailing, to be included in the official records of the
769 association affirming that the notice was mailed or hand
770 delivered in accordance with this provision.
771 4. The members of the board of a residential condominium
772 shall be elected by written ballot or voting machine. Proxies
773 may not be used in electing the board in general elections or
774 elections to fill vacancies caused by recall, resignation, or
775 otherwise, unless otherwise provided in this chapter. This

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776 subparagraph does not apply to an association governing a
777 timeshare condominium.
778 a. At least 60 days before a scheduled election, the
779 association shall mail, deliver, or electronically transmit, by
780 separate association mailing or included in another association
781 mailing, delivery, or transmission, including regularly
782 published newsletters, to each unit owner entitled to a vote, a
783 first notice of the date of the election. A unit owner or other
784 eligible person desiring to be a candidate for the board must
785 give written notice of his or her intent to be a candidate to
786 the association at least 40 days before a scheduled election.
787 Together with the written notice and agenda as set forth in
788 subparagraph 3., the association shall mail, deliver, or
789 electronically transmit a second notice of the election to all
790 unit owners entitled to vote, together with a ballot that lists
791 all candidates. Upon request of a candidate, an information
792 sheet, no larger than 8 1/2 inches by 11 inches, which must be
793 furnished by the candidate at least 35 days before the election,
794 must be included with the mailing, delivery, or transmission of
795 the ballot, with the costs of mailing, delivery, or electronic
796 transmission and copying to be borne by the association. The
797 association is not liable for the contents of the information
798 sheets prepared by the candidates. In order to reduce costs, the
799 association may print or duplicate the information sheets on
800 both sides of the paper. The division shall by rule establish

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801 voting procedures consistent with this sub-subparagraph,
802 including rules establishing procedures for giving notice by
803 electronic transmission and rules providing for the secrecy of
804 ballots. Elections shall be decided by a plurality of ballots
805 cast. There is no quorum requirement; however, at least 20
806 percent of the eligible voters must cast a ballot in order to
807 have a valid election. A unit owner may not authorize any other
808 person to vote his or her ballot, and any ballots improperly
809 cast are invalid. A unit owner who violates this provision may
810 be fined by the association in accordance withs. 718.303. A
811 unit owner who needs assistance in casting the ballot for the
812 reasons stated ins. 101.051 may obtain such assistance. The
813 regular election must occur on the date of the annual meeting.
814 Notwithstanding this sub-subparagraph, an election is not
815 required unless more candidates file notices of intent to run or
816 are nominated than board vacancies exist.
817 b. Within 90 days after being elected or appointed to the
818 board of an association of a residential condominium, each newly
819 elected or appointed director shall certify in writing to the
820 secretary of the association that he or she has read the
821 association's declaration of condominium, articles of
822 incorporation, bylaws, and current written policies; that he or
823 she will work to uphold such documents and policies to the best
824 of his or her ability; and that he or she will faithfully
825 discharge his or her fiduciary responsibility to the

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826 association's members. In lieu of this written certification,
827 within 90 days after being elected or appointed to the board,
828 the newly elected or appointed director may submit a certificate
829 of having satisfactorily completed the educational curriculum
830 administered by a division-approved condominium education
831 provider within 1 year before or 90 days after the date of
832 election or appointment. The written certification or
833 educational certificate is valid and does not have to be
834 resubmitted as long as the director serves on the board without
835 interruption. A director of an association of a residential
836 condominium who fails to timely file the written certification
837 or educational certificate is suspended from service on the
838 board until he or she complies with this sub-subparagraph. The
839 board may temporarily fill the vacancy during the period of
840 suspension. The secretary shall cause the association to retain
841 a director's written certification or educational certificate
842 for inspection by the members for 5 years after a director's
843 election or the duration of the director's uninterrupted tenure,
844 whichever is longer. Failure to have such written certification
845 or educational certificate on file does not affect the validity
846 of any board action.
847 c. Any challenge to the election process must be commenced
848 within 60 days after the election results are announced.
849 5. Any approval by unit owners called for by this chapter
850 or the applicable declaration or bylaws, including, but not

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851 limited to, the approval requirement ins. 718.111(8), must be
852 made at a duly noticed meeting of unit owners and is subject to
853 all requirements of this chapter or the applicable condominium
854 documents relating to unit owner decisionmaking, except that
855 unit owners may take action by written agreement, without
856 meetings, on matters for which action by written agreement
857 without meetings is expressly allowed by the applicable bylaws
858 or declaration or any law that provides for such action.
859 6. Unit owners may waive notice of specific meetings if
860 allowed by the applicable bylaws or declaration or any law.
861 Notice of meetings of the board of administration, unit owner
862 meetings, except unit owner meetings called to recall board
863 members under paragraph (j), and committee meetings may be given
864 by electronic transmission to unit owners who consent to receive
865 notice by electronic transmission. A unit owner who consents to
866 receiving notices by electronic transmission is solely
867 responsible for removing or bypassing filters that block receipt
868 of mass emails sent to members on behalf of the association in
869 the course of giving electronic notices.
870 7. Unit owners have the right to participate in meetings
871 of unit owners with reference to all designated agenda items.
872 However, the association may adopt reasonable rules governing
873 the frequency, duration, and manner of unit owner participation.
874 8. A unit owner may tape record or videotape a meeting of
875 the unit owners subject to reasonable rules adopted by the

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876 division.
877 9. Unless otherwise provided in the bylaws, any vacancy
878 occurring on the board before the expiration of a term may be
879 filled by the affirmative vote of the majority of the remaining
880 directors, even if the remaining directors constitute less than
881 a quorum, or by the sole remaining director. In the alternative,
882 a board may hold an election to fill the vacancy, in which case
883 the election procedures must conform to sub-subparagraph 4.a.
884 unless the association governs 10 units or fewer and has opted
885 out of the statutory election process, in which case the bylaws
886 of the association control. Unless otherwise provided in the
887 bylaws, a board member appointed or elected under this section
888 shall fill the vacancy for the unexpired term of the seat being
889 filled. Filling vacancies created by recall is governed by
890 paragraph (j) and rules adopted by the division.
891 10. This chapter does not limit the use of general or
892 limited proxies, require the use of general or limited proxies,
893 or require the use of a written ballot or voting machine for any
894 agenda item or election at any meeting of a timeshare
895 condominium association or nonresidential condominium
896 association.
897
898 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
899 association of 10 or fewer units may, by affirmative vote of a
900 majority of the total voting interests, provide for different

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901 voting and election procedures in its bylaws, which may be by a
902 proxy specifically delineating the different voting and election
903 procedures. The different voting and election procedures may
904 provide for elections to be conducted by limited or general
905 proxy.
906 (f) Annual budget.-
907 1. The proposed annual budget of estimated revenues and
908 expenses must be detailed and must show the amounts budgeted by
909 accounts and expense classifications, including, at a minimum,
910 any applicable expenses listed ins. 718.504(21). The annual
911 budget must be proposed to unit owners and adopted by the board
912 of directors no later than 30 days before the beginning of the
913 fiscal year. A multicondominium association shall adopt a
914 separate budget of common expenses for each condominium the
915 association operates and shall adopt a separate budget of common
916 expenses for the association. In addition, if the association
917 maintains limited common elements with the cost to be shared
918 only by those entitled to use the limited common elements as
919 provided for ins. 718.113(1), the budget or a schedule attached
920 to it must show the amount budgeted for this maintenance. If,
921 after turnover of control of the association to the unit owners,
922 any of the expenses listed ins. 718.504(21) are not applicable,
923 they need not be listed.
924 2.a. In addition to annual operating expenses, the budget
925 must include reserve accounts for capital expenditures and

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926 deferred maintenance. These accounts must include, but are not
927 limited to, roof replacement, building painting, and pavement
928 resurfacing, regardless of the amount of deferred maintenance
929 expense or replacement cost, and any other item that has a
930 deferred maintenance expense or replacement cost that exceeds
931 $10,000. The amount to be reserved must be computed using a
932 formula based upon estimated remaining useful life and estimated
933 replacement cost or deferred maintenance expense of each reserve
934 item. The association may adjust replacement reserve assessments
935 annually to take into account any changes in estimates or
936 extension of the useful life of a reserve item caused by
937 deferred maintenance. This subsection does not apply to an
938 adopted budget in which the members of an association have
939 determined, by a majority vote at a duly called meeting of the
940 association, to provide no reserves or less reserves than
941 required by this subsection.
942 b. Before turnover of control of an association by a
943 developer to unit owners other than a developer pursuant to s.
944 718.301, the developer may vote the voting interests allocated
945 to its units to waive the reserves or reduce the funding of
946 reserves through the period expiring at the end of the second
947 fiscal year after the fiscal year in which the certificate of a
948 surveyor and mapper is recorded pursuant to s. 718.104(4) (e) or
949 an instrument that transfers title to a unit in the condominium
950 which is not accompanied by a recorded assignment of developer

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951 rights in favor of the grantee of such unit is recorded,
952 whichever occurs first, after which time reserves may be waived
953 or reduced only upon the vote of a majority of all nondeveloper
954 voting interests voting in person or by limited proxy at a duly
955 called meeting of the association. If a meeting of the unit
956 owners has been called to determine whether to waive or reduce
957 the funding of reserves and no such result is achieved or a
958 quorum is not attained, the reserves included in the budget
959 shall go into effect. After the turnover, the developer may vote
960 its voting interest to waive or reduce the funding of reserves.
961 3. Reserve funds and any interest accruing thereon shall
962 remain in the reserve account or accounts, and may be used only
963 for authorized reserve expenditures unless their use for other
964 purposes is approved in advance by a majority vote at a duly
965 called meeting of the association. Before turnover of control of
966 an association by a developer to unit owners other than the
967 developer pursuant to s. 718.301, the developer-controlled
968 association may not vote to use reserves for purposes other than
969 those for which they were intended without the approval of a
970 majority of all nondeveloper voting interests, voting in person
971 or by limited proxy at a duly called meeting of the association.
972 4. The only voting interests that are eligible to vote on
973 questions that involve waiving or reducing the funding of
974 reserves, or using existing reserve funds for purposes other
97 5 than purposes for which the reserves were intended, are the

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97 6 voting interests of the units subject to assessment to fund the
977 reserves in question. Proxy questions relating to waiving or
978 reducing the funding of reserves or using existing reserve funds
979 for purposes other than purposes for which the reserves were
980 intended must contain the following statement in capitalized,
981 bold letters in a font size larger than any other used on the
982 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
983 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
984 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
985 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
986 Section 13. Paragraph (m) of subsection (1) of section
987 718.501, Florida Statutes, is amended to read:
988 718.501 Authority, responsibility, and duties of Division
989 of Florida Condominiums, Timeshares, and Mobile Homes.-
990 (1) The division may enforce and ensure compliance with
991 the provisions of this chapter and rules relating to the
992 development, construction, sale, lease, ownership, operation,
993 and management of residential condominium units. In performing
994 its duties, the division has complete jurisdiction to
995 investigate complaints and enforce compliance with respect to
996 associations that are still under developer control or the
997 control of a bulk assignee or bulk buyer pursuant to part VII of
998 this chapter and complaints against developers, bulk assignees,
999 or bulk buyers involving improper turnover or failure to
1000 turnover, pursuant to s. 718.301. However, after turnover has

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1001 occurred, the division has jurisdiction to investigate
1002 complaints related only to financial issues, elections, and unit
1003 owner access to association records pursuant to s. 718.111(12).
1004 (m) If a complaint is made, the division must conduct its
1005 inquiry with due regard for the interests of the affected
1006 parties. Within 30 days after receipt of a complaint, the
1007 division shall acknowledge the complaint in writing and notify
1008 the complainant whether the complaint is within the jurisdiction
1009 of the division and whether additional information is needed by
1010 the division from the complainant. The division shall conduct
1011 its investigation and, within 90 days after receipt of the
1012 original complaint or of timely requested additional
1013 information, take action upon the complaint. However, the
1014 failure to complete the investigation within 90 days does not
1015 prevent the division from continuing the investigation,
1016 accepting or considering evidence obtained or received after 90
1017 days, or taking administrative action if reasonable cause exists
1018 to believe that a violation of this chapter or a rule has
1019 occurred. If an investigation is not completed within the time
1020 limits established in this paragraph, the division shall, on a
1021 monthly basis, notify the complainant in writing of the status
1022 of the investigation. When reporting its action to the
1023 complainant, the division shall inform the complainant of any
1024 right to a hearing pursuant toss. 120.569 and 120.57. The
1025 division may adopt rules regarding the submission of a complaint

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1026 against an association.
1027 Section 14. Section 718.5014, Florida Statutes, is amended
1028 to read:
1029 718.5014 Ombudsman location.-The ombudsman shall maintain
1030 his or her principal office at a in Leon County on the premises
1031 of the division or, if suitable space cannot be provided there,
1032 at another place convenient to the offices of the division which
1033 will enable the ombudsman to expeditiously carry out the duties
1034 and functions of his or her office. The ombudsman may establish
1035 branch offices elsewhere in the state upon the concurrence of
1036 the Governor.
1037 Section 15. Subsection (1) of section 455.219, Florida
1038 Statutes, is amended to read:
1039 455.219 Fees; receipts; disposition; periodic management
1040 reports.-
1041 ( 1) Each board within the department shall determine by
1042 rule the amount of license fees for its profession, based upon
1043 department-prepared long-range estimates of the revenue required
1044 to implement all provisions of law relating to the regulation of
1045 professions by the department and any board; however, when the
1046 department has determined, based on the long-range estimates of
1047 such revenue, that a profession's trust fund moneys are in
1048 excess of the amount required to cover the necessary functions
1049 of the board, or the department when there is no board, the
1050 department may adopt rules to implement a waiver of license

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1051 renewal fees for that profession for a period not to exceed 2
1052 years, as determined by the department. Each board, or the
1053 department when there is no board, shall ensure license fees are
1054 adequate to cover all anticipated costs and to maintain a
1055 reasonable cash balance, as determined by rule of the
1056 department, with advice of the applicable board. If sufficient
1057 action is not taken by a board within 1 year of notification by
1058 the department that license fees are projected to be inadequate,
1059 the department shall set license fees on behalf of the
1060 applicable board to cover anticipated costs and to maintain the
1061 required cash balance. The department shall include recommended
1062 fee cap increases in its annual report to the Legislature.
1063 Further, it is legislative intent that no regulated profession
1064 operate with a negative cash balance. The department may provide
1065 by rule for the advancement of sufficient funds to any
1066 profession or the Florida Athletic State Boning Commission
1067 operating with a negative cash balance. Such advancement may be
1068 for a period not to exceed 2 consecutive years and shall require
1069 interest to be paid by the regulated profession. Interest shall
1070 be calculated at the current rate earned on Professional
1071 Regulation Trust Fund investments. Interest earned shall be
1072 allocated to the various funds in accordance with the allocation
1073 of investment earnings during the period of the advance.
1074 Section 16. Subsection (4) of section 548.002, Florida
1075 Statutes, is amended to read:

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1076 548.002 Definitions.-As used in this chapter, the term:
1077 ( 4) "Commission" means the Florida Athletic State Bmcing
1078 Commission.
1079 Section 17. Subsections (3) and (4) of section 548.05,
1080 Florida Statutes, are amended to read:
1081 548.05 Control of contracts.-
1082 (3) The commission may require that each contract contain
1083 language authorizing the Florida State BoJcing commission to
1084 withhold any or all of any manager's share of a purse in the
1085 event of a contractual dispute as to entitlement to any portion
1086 of a purse. The commission may establish rules governing the
1087 manner of resolution of such dispute. In addition, if the
1088 commission deems it appropriate, the commission is hereby
1089 authorized to implead interested parties over any disputed funds
1090 into the appropriate circuit court for resolution of the dispute
1091 prior to release of all or any part of the funds.
1092 (4) Each contract subject to this section shall contain
1093 the following clause: "This agreement is subject to the
1094 provisions of chapter 548, Florida Statutes, and to the rules of
1095 the Florida Athletic State Boning Commission and to any future
1096 amendments of either."
1097 Section 18. Subsection (12) of section 548.071, Florida
1098 Statutes, is amended to read:
1099 548.071 Suspension or revocation of license or permit by
1100 commission.-The commission may suspend or revoke a license or

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1101 permit if the commission finds that the licensee or permittee:
1102 (12) Has been disciplined by the Florida State Boxing
1103 commission or similar agency or body of any jurisdiction.
1104 Section 19. Section 548.077, Florida Statutes, is amended
1105 to read:
1106 548.077 Florida Athletic State Boxing Commission;
1107 collection and disposition of moneys.-All fees, fines,
1108 forfeitures, and other moneys collected under the provisions of
1109 this chapter shall be paid by the commission to the Chief
1110 Financial Officer who, after the expenses of the commission are
1111 paid, shall deposit them in the Professional Regulation Trust
1112 Fund to be used for the administration and operation of the
1113 commission and to enforce the laws and rules under its
1114 jurisdiction. In the event the unexpended balance of such moneys
1115 collected under the provisions of this chapter exceeds $250,000,
1116 any excess of that amount shall be deposited in the General
1117 Revenue Fund.
1118 Section 20. This act shall take effect July 1, 2020.

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CODING: Words stFisken are deletions; words underlined are additions.
hb0689-00
BUSINESS & PROFESSIONS SUBCOMMITTEE

HB 689 by Rep. Rodriguez, A.
Department of Business and Professional Regulation

AMENDMENT SUMMARY
January 15, 2020

Amendment 1 by Rep. Rodriguez, A. (Line 700):

The amendment clarifies:
• that the definition for "delinquent," as used in determining eligibility to be a candidate to
serve on a condominium board, is limited to condominium assessment payments; and
that the default definition for "delinquent" includes all condominium assessments.
/
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 689 (2020)
I Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Business & Professions
2 Subcommittee
3 Representative Rodriguez, A. offered the following:
4
5 Amendment
6 Remove lines 700-706 and insert:
7 membership and may not be listed on the ballot. For purposes of
8 this paragraph, a person is delinquent if a payment is not made
9 by the due date as specifically identified in the declaration of
10 condominium, bylaws, or articles of incorporation. If a due date
11 is not specifically identified in the declaration of
12 condominium, bylaws, or articles of incorporation, the due date
13 is the first day of the assessment period. A person who

200883 - h0689-line700.docx
Published On: 1/14/2020 4:48:24 PM
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