Commerce Tourism, 2020 Regular Session — Agenda Order (02/11/2020)
Summary
A packet for the 02/11/2020 meeting of the Florida Senate Committee on Commerce and Tourism. Its agenda order lists SB 54, SB 900, SB 1128, CS/SB 1214, SB 1362, SB 1580 and SB 1600. The packet includes the bill analysis and fiscal impact statement for SB 54, dated February 10, 2020, which states that SB 54 exempts the sale of diapers, incontinence undergarments, incontinence pads, and incontinence liners from state sales and use tax. That analysis gives an effective date of January 1, 2021. The packet closes with a time log of the meeting that records a roll call on SB 1128 and the entry "SB 1128 pass favorable".
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Commerce Tourism, 2020 Regular Session — Agenda Order (02/11/2020).”
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02/11/2020 - Commerce Tourism (10:00 AM - 12:00 Noon) 2020 Regular Session
Customized 02/12/2020 10:23 AM
Agenda Order
SB 54 by Book (CO-INTRODUCERS) Stewart; (Identical to H 00087) Tax Exemption for Diapers and
Tab 1
Incontinence Products
Tab 2 SB 900 by Stargel; (Similar to H 00481) Malt Beverages
Tab 3 SB 1128 by Diaz; (Compare to CS/H 01011) Vacation Rentals
758236 D S RCS CM, Diaz Delete everything after 02/11 12:55 PM
108712 AA S UNFAV CM, Stewart Delete L.24 - 48: 02/11 12:55 PM
Tab 4 CS/SB 1214 by IT, Baxley; (Similar to H 01127) Engineers
Tab 5 SB 1362 by Rodriguez; (Compare to H 06033) Rental Agreements
Tab 6 SB 1580 by Braynon; (Identical to H 01233) Minority Businesses
Tab 7 SB 1600 by Powell; Black Business Loan Program
431634 A S RCS CM, Powell Delete L.27 - 68: 02/11 12:55 PM
Page 1 of 1
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 54
INTRODUCER: Senator Book
SUBJECT: Tax Exemption for Diapers and Incontinence Products
DATE: February 10, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McMillan McKay CM Favorable
2. FT
3. AP
I. Summary:
SB 54 exempts the sale of diapers, incontinence undergarments, incontinence pads, and
incontinence liners from state sales and use tax.
The Revenue Estimating Conference has not yet estimated the fiscal impact of this bill, but
determined that last year’s bill with nearly identical language would reduce General Revenue
Fund receipts by $20 million in the first fiscal year, with a $48.2 million recurring reduction.
The bill provides an effective date of January 1, 2021.
II. Present Situation:
Florida Sales and Use Tax
Florida levies a 6 percent state sales and use tax on the sale or rental of most tangible personal
property, admissions, rentals of transient accommodations, rental of commercial real estate, and
a limited number of services.1 In addition to the 6 percent sales tax, Florida law authorizes
counties to levy discretionary sales surtaxes.2 Sales tax is added to the price of taxable goods or
services and the tax is collected from the purchaser at the time of sale.
Chapter 212, F.S., contains statutory provisions that authorize the levy and collection of
Florida’s sales and use tax, as well as the exemptions and credits applicable to certain items or
uses under specified circumstances. There are currently more than 270 different exemptions,
exclusions, deductions, and credits from sales and use tax.3
1
Chapter 212, F.S.
2
Sections 212.054 and 212.055, F.S.
3
Florida Revenue Estimating Conference, Florida Tax Handbook, (2019), available at
http://edr.state.fl.us/content/revenues/reports/tax-handbook/taxhandbook2019.pdf (last visited Feb. 10, 2020).
BILL: SB 54 Page 2
Medical products and supplies considered necessary to human health are among the items
exempt from sales and use tax.4 Such products and supplies include ostomy pouches, catheters,
and mastectomy pads. Common household remedies used in the cure, mitigation, treatment, or
prevention of illness or disease are also exempt from sales and use tax. Alcohol wipes, bandages,
and gauze are examples of common household remedies. Certain products relating to infants are
also exempt, including baby food, formulas, and teething lotion.5
Diapers are not currently exempt from sales and use tax in Florida.6
Other States
Currently, thirteen states do not collect sales tax on diapers or incontinence products, five states
do not levy a state sales tax,7 and eight states specifically exempt the sale of diapers from sales
tax.8 Two states provide a tax exemption for disposable pads used for incontinency, but not baby
diapers.9
III. Effect of Proposed Changes:
The bill exempts from state sales tax the sale of the following items:
Diapers;
Incontinence undergarments;
Incontinence pads; and
Incontinence liners.
The bill provides an effective date of January 1, 2021.
4
See s. 212.08(2)(a), F.S.
5
The Department of Business and Professional Regulation is responsible for prescribing and approving a list of common
household remedies, which is then certified by the Department of Revenue, See Department of Revenue, Nontaxable Medical
Items and General Grocery List, available at https://floridarevenue.com/Forms_library/current/dr46nt.pdf (last visited Feb.
10, 2020).
6
However, diapers for children and adults, diaper bags, and diaper inserts have been temporarily exempt from sales tax
during sales tax holidays, most recently in 2019. See Rule 12AER18-04, F.A.C.
7
Alaska, Delaware, Montana, New Hampshire, and Oregon do not levy a state sales tax. See Tax Foundation, State and
Local Sales Tax Rates Midyear 2018, available at https://taxfoundation.org/state-local-sales-tax-rates-midyear-2018/ (last
visited Feb. 10, 2020).
8
The National Diaper Bank Association lists Connecticut, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania,
Rhode Island, and Vermont as having specifically exempted diapers and incontinence products from state sales taxation. See
National Diaper Bank Network, State Issues State Sales Tax, available at https://nationaldiaperbanknetwork.org/state-issues/
(last visited Feb. 10, 2020).
9
Id.
BILL: SB 54 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds or limits their ability to raise revenue or receive state tax
revenue.
Subsection (b) of Article VII, s. 18 of the Florida Constitution provides that, except upon
approval by each house of the Legislature by two-thirds vote of its membership, the
Legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate.10 However, these requirements do not apply to laws that have
an insignificant fiscal impact on local governments,11 which for Fiscal Year 2020-2021,
is approximately $2.1 million.12
The Revenue Estimating Conference has not yet estimated the fiscal impact of this bill,
but determined that last year’s bill with nearly identical language would reduce local
option surtax revenue by $3.7 million in the first fiscal year, with an $8.8 million
recurring reduction. Therefore, the bill may have a significant impact on local
governments and the mandate provision may apply.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
10
See FLA. CONST. art. VII, s. 18(d).
11
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
times ten cents. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact, (Sept.
2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last visited Feb.
10, 2020).
12
Based on the Florida Demographic Estimating Conference’s July 8, 2019, population forecast for 2020 of 21,546,885. See
Florida Demographic Estimating Conference, Florida Resident Population, (2019), available at
http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf.
BILL: SB 54 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet estimated the fiscal impact of this bill,
but determined that last year’s bill with nearly identical language would reduce General
Revenue Fund receipts by $20 million in the first fiscal year, with a $48.2 million
recurring reduction.
B. Private Sector Impact:
Indeterminate, but positive. Individuals will see a reduction in the cost of purchasing
diapers and incontinence products. Daycare providers, diaper service providers, hospitals,
and other businesses will see a reduction in the cost of diapers and incontinence products.
C. Government Sector Impact:
The Department of Revenue estimates that they will incur a cost associated with printing
and mailing a Tax Information Publication (TIP), which notifies businesses of the sales
tax exemption. The estimated cost to print and mail the TIP is $58,000.13
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 212.08(7)(ppp) of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
13
See Department of Revenue, SB 54, 2020 Agency Legislative Bill Analysis, p. 5 (Sep. 25, 2019) (on file with the Florida
Senate Commerce and Tourism Committee).
Florida Senate - 2020 SB 54 Florida Senate - 2020 SB 54
By Senator Book
32-00050-20 202054__ 32-00050-20 202054__
1 A bill to be entitled 30 required by the department. Eligible purchases or leases made
2 An act relating to a tax exemption for diapers and 31 with such a certificate must be in strict compliance with this
3 incontinence products; amending s. 212.08, F.S.; 32 subsection and departmental rules, and any person who makes an
4 exempting the sale for human use of diapers, 33 exempt purchase with a certificate that is not in strict
5 incontinence undergarments, incontinence pads, or 34 compliance with this subsection and the rules is liable for and
6 incontinence liners from the sales and use tax; 35 shall pay the tax. The department may adopt rules to administer
7 providing an effective date. 36 this subsection.
8 37 (ppp) Diapers and incontinence products.—The sale for human
9 Be It Enacted by the Legislature of the State of Florida: 38 use of diapers, incontinence undergarments, incontinence pads,
10 39 or incontinence liners is exempt from the tax imposed by this
11 Section 1. Paragraph (ppp) is added to subsection (7) of 40 chapter.
12 section 212.08, Florida Statutes, to read: 41 Section 2. This act shall take effect January 1, 2021.
13 212.08 Sales, rental, use, consumption, distribution, and
14 storage tax; specified exemptions.—The sale at retail, the
15 rental, the use, the consumption, the distribution, and the
16 storage to be used or consumed in this state of the following
17 are hereby specifically exempt from the tax imposed by this
18 chapter.
19 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
20 entity by this chapter do not inure to any transaction that is
21 otherwise taxable under this chapter when payment is made by a
22 representative or employee of the entity by any means,
23 including, but not limited to, cash, check, or credit card, even
24 when that representative or employee is subsequently reimbursed
25 by the entity. In addition, exemptions provided to any entity by
26 this subsection do not inure to any transaction that is
27 otherwise taxable under this chapter unless the entity has
28 obtained a sales tax exemption certificate from the department
29 or the entity obtains or provides other documentation as
Page 1 of 2 Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
appearance record
eliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address
Speaking: For Against information
Sh king: Sin Support Against
(The Chair will read this information intoihemcorct)
Representing
Appearing at request of Chair: Q Yes
Lobbyist registered with Legislature: QtsTqno
meetina.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/11/2020
SB 54
Meeting Date
Bill Number (if applicable)
Topic Tax Exemption for Diapers and Incontinence Products
Amendment Barcode (if applicable)
Name Zayne smith
Job Title Associate State Director
Address 15 South Monroe Suite 603 Phone 850.228.4243
Street "
Tallahassee FL 32301 Email zsmith@aarp.org
City State Zip
Speaking: | |For I [Against [ [information Waive Speaking: [7 In Support I I Against
(The Chair will read this information into the record.)
Representing AARP
Appearing at request of Chair: ED Yes 7 No Lobbyist registered with Legislature: 7 Yes I Ino
Whiie it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as po Se l h d
This fo m is part of the public record for this meeting. g
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 900
INTRODUCER: Senator Stargel
SUBJECT: Malt Beverages
DATE: February 10, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof IT Favorable
2. Harmsen McKay CM Pre-meeting
3. RC
I. Summary:
SB 900 provides a framework for the return of malt beverages by a vendor to a distributor. A
vendor may return malt beverages to a distributor if the malt beverages are a “damaged product,”
an “out-of-code” product,” or an “undamaged product.” However, a distributor is not required to
accept a return request.
The bill prohibits the sale of malt beverages on consignment or on any basis other than a bona
fide sale. A product may not be returned because it is overstocked or slow-moving, or because
there is only limited or seasonal demand for the product.
Under the bill, a vendor may request to return an undamaged product for an exchange of product,
a refund, or a credit; damaged product is not eligible for a refund, but does qualify for an
exchange or credit. Returns of damaged and undamaged products must be made within 7 days
after the delivery date. The bill also specifies the circumstances in which damaged or undamaged
malt beverages may be returned outside of the 7-day window.
The bill defines an “out-of-code product” as a malt beverage that has exceeded the
manufacturer’s code date indicating the product’s freshness and availability for purchase at
retail. Under the bill, a vendor may only return an out-of-code product to a distributor for an
exchange of product if specific conditions are satisfied, including that the manufacturer’s code
date is printed on the product container and the manufacturer of the products has written policies
and procedures that specify the date that product should be removed. The manufacturer’s policies
and procedures must be readily available, verifiable, and consistently applied. Out-of-code
exchanges may occur at any time after delivery.
The bill requires a malt beverage distributor to keep a written record of each return of malt
beverages.
BILL: SB 900 Page 2
The bill provides an effective date of July 1, 2020.
II. Present Situation:
In Florida, alcoholic beverages are regulated by the Beverage Law,1 which regulates the
manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and
vendors.2 The Division of Alcoholic Beverages and Tobacco (division) in the Department of
Business and Professional Regulation administers and enforces the Beverage Law.3
“Alcoholic beverages” are defined in s. 561.01, F.S., as “distilled spirits and all beverages
containing one-half of one percent or more alcohol by volume.” “Malt beverages” are brewed
alcoholic beverages containing malt.4
Section 561.14, F.S., specifies the license and registration classifications used in the Beverage
Law.
“Manufacturers” are those “licensed to manufacture alcoholic beverages and distribute the
same at wholesale to licensed distributors and to no one else within the state, unless
authorized by statute.”5
“Distributors” are those “licensed to sell and distribute alcoholic beverages at wholesale to
persons who are licensed to sell alcoholic beverages.”6
“Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic
beverages to licensed manufacturers or licensed distributors, and to no one else in this state;
provided that ss. 564.045 and 565.095, F.S., relating to primary American source of supply
licensure, are in no way violated by such imports.7
“Vendors” are those “licensed to sell alcoholic beverages at retail only” and who may not
“purchase or acquire in any manner for the purpose of resale any alcoholic beverages from
any person not licensed as a vendor, manufacturer, bottler, or distributor under the Beverage
Law.”8
Three-Tier System
In the United States, the regulation of alcohol since the repeal of Prohibition has traditionally
been based upon a “three-tier system.” The system requires separation of the manufacture,
distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, and the
distributor obtains the beverages from the manufacturer to deliver to the vendor. The vendor
makes the ultimate sale to the consumer.9 A manufacturer, distributor, or exporter may not be
licensed as a vendor to sell directly to consumers.10
1
Section 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2
See s. 561.14, F.S.
3
Section 561.02, F.S.
4
Section 563.01, F.S.
5
Section 561.14(1), F.S.
6
Section 561.14(2), F.S.
7
Section 561.01(5), F.S.
8
Section 561.14(3). F.S.
9
Section 561.14, F.S.
10
Section 561.22(1), F.S.
BILL: SB 900 Page 3
Generally, in Florida, only licensed vendors are permitted to sell alcoholic beverages directly to
consumers at retail.11 Licensed manufacturers, distributors, and registered exporters are
prohibited from also being licensed as vendors.12 Manufacturers are also generally prohibited
from having an interest in a vendor and from distributing directly to a vendor.13
Tied House Evil Prohibitions
States have enacted laws designed to prevent or limit the control of retail alcoholic beverage
vendors by manufacturers, wholesalers, and importers, or to prohibit "tied-house arrangements."
Such legislation is referred to as "tied house" or “tied house evil” statutes.14
Section 561.42, F.S., Florida’s “tied house evil” statute, regulates the relationships of
manufacturers and distributors with vendors in order to prevent a manufacturer or distributor
from having a financial interest, directly or indirectly, in the establishment or business of a
licensed vendor, and to prevent a manufacturer or distributor from giving a vendor gifts, loans or
property, or rebates.15 These prohibitions also apply to an importer, primary American source of
supply registrant,16 brand owner or registrant, broker, and sales agent (or sales person thereof).
The tied house evil statute also prohibits any distributor or vendor from receiving any financial
incentives from any manufacturer. It further prohibits manufacturers or distributors from
assisting retail vendors by gifts or loans of money or property or by the giving of rebates. These
prohibitions do not, however, apply to any bottles, barrels, or other containers necessary for the
legitimate transportation of such beverages, to advertising materials, or to the extension of credit
for liquors sold, if made strictly in compliance with the provisions of s. 561.42, F.S.17
Section 561.42, F.S., also prohibits licensed manufacturers and distributors from:
Making further sales to vendors that have not fully paid for all previously purchased liquors,
and who have been certified as delinquent by the division;18
Directly or indirectly giving, lending, renting, selling, or in any other manner furnishing to a
vendor any outside sign, printed, painted, electric, or otherwise;19 and
Providing expendable retail advertising specialties, unless sold to the vendor at not less than
the actual cost to the industry member who initially purchased them.20
Section 561.42(14), F.S., further prohibits industry members from providing expendable retail
advertising specialties, unless sold to the vendor at not less than the actual cost to the industry
member who initially purchased them. A member of the malt beverage industry may provide a
vendor with expendable retailer advertising specialties such as trays, coasters, mats, menu cards,
11
Section 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
12
Section 561.22, F.S.
13
Sections 563.022(14) and 561.14(1), F.S.
14
45 AM. JUR. 2d Intoxicating Liquors, s. 94 (2017).
15
Section 561.42(1), F.S.
16
See s. 564.045, F.S.
17
Section 564.42(1). Section 561.42(2), F.S., permits distributors to extend credit for the sale of liquors to any vendor up to,
but not including, the 10th day after the calendar week within which such sale was made.
18
Section 561.42(3)-(5), F.S.
19
Section 561.42(10), F.S.
20
Section 561.42(14)(a), F.S. This paragraph permits a distributor to give advertising glassware to a vendor, subject to
limitations.
BILL: SB 900 Page 4
napkins, cups, glasses, thermometers, and the like. The industry member must sell these items to
a vendor only at a price not less than the actual cost to the industry member who initially
purchased the items, without limitation in total dollar value of such items sold to a vendor.
However, a distributor may give advertising glassware to a vendor, subject to specific invoicing
and record-keeping requirements.21 Industry members may not engage in cooperative advertising
with a vendor.22
Division Rules - Returns of Products
The Florida Statutes do not address the return of products to distributors by vendors. The
division has adopted rules to provide guidance to the industry.
Return of Damaged Products
Products are damaged if they exhibit product deterioration, leaking containers, damaged labels,
or missing or mutilated tamper-evident closures.23
Under the division’s rule, a vendor must request for return of damaged products within 15 days
after delivery and may receive an exchange of product, cash, or a credit.24 A vendor may not
return products damaged by the vendor or vendor’s customers.25 A distributor is required to
make and keep a record of all exchanges of damaged products for product, cash, or credit.26
Under current law, each manufacturer, distributor, broker, agent, and importer licensed under the
Beverage Law is required to maintain and keep, for a period of 3 years at the licensed place of
business, such records of alcoholic beverages received, sold, or delivered within or without this
state as may be required by the division.27
If the vendor requests a return 15 or more days after delivery, a return may only be for exchange,
cash, or credit, under the following circumstances:
A manufacturer has issued a product recall that affects multiple unaffiliated vendors; or
A product has deteriorated due to manufacturing or packaging problems.
Return of Undamaged Products
A vendor must request for return of undamaged products within 10 days after delivery and may
receive cash or a credit within 10 days of the request.28 A distributor is required to make and
keep a record of all undamaged products returned for cash or credit (not an exchange).29
If the vendor requests a return 10 or more days after delivery, a return may only be:
For cash or credit, if the products may no longer be lawfully sold due to a change of law;
21
Section 561.42(14)(a), F.S.
22
Section 561.42(14)(e), F.S.
23
Rule 61A-1.0107(1), F.A.C. (2018)
24
Id.
25
Id.
26
Rule 61A-1.0107(2), F.A.C. (2018)
27
Section 561.55(3)(a), F.S.
28
Rule 61A-1.0108(1), F.A.C. (2018)
29
Id.
BILL: SB 900 Page 5
For cash or credit, if the vendor’s business is terminated (excluding a temporary seasonal
shutdown);
For an equal exchange of product, if there is a change in product, such as a change in
formula, proof, label, or container;
For cash or credit, if the product is discontinued; or
For cash or credit, if a vendor, who is only open for a portion of the year, has product
remaining at closure that will spoil in the off-season.30
Federal Law
The Federal Alcohol Administration Act (FAA Act)31 prohibits consignment sales of alcohol and
malt beverages, but does not prohibit the bona fide return of products for “ordinary and usual
commercial reasons arising after the merchandise has been sold.” The Alcohol and Tobacco Tax
and Trade Bureau (TTB) has crafted regulations that outline permissible reasons a malt beverage
may be returned, including that the product is defective, was shipped in error, discontinued, or is
prohibited from further sale by a change in the law.32 More generally, the TTB prescribes
regulations for unfair trade practices involving alcohol and malt beverages, but in the case of
malt beverages, the TTB’s regulations and the FAA Act apply only if the laws of the State in
which the malt beverage products are sold or shipped impose similar requirements.33
III. Effect of Proposed Changes:
The bill creates s. 563.061, F.S., to provide a process for returns of malt beverages by a vendor to
a distributor for exchange of product, refund, or credit. A vendor may return malt beverages to a
distributor, with certain conditions, if the malt beverages are a “damaged product,” an “out-of-
code product,” or an “undamaged product.”
Definitions
The bill defines a “damaged product” to mean:
Malt beverage product delivered to a vendor exhibiting product
deterioration, defective seals, leaking, damaged labels, or missing or
mutilated tamper-evident closures.
A “manufacturer’s code date” is defined to mean:
A coded best-by date, expiration date, or other designated date or dating
system established by a manufacturer to signify the freshness that is
printed on the malt beverage container or, in the case of a keg, marked on
a cap, collar, tag, or label directly affixed to the keg.
An “out-of-code product” is defined to mean:
30
Rule 61A-1.0108(2), F.A.C. (2018)
31
27 U.S.C. 205(d)
32
See 27 C.F.R. § 11. See also, Alcohol and Tobacco Tax and Trade Bureau, Freshness Dating and Allowable Returns of
Malt Beverage Products under the FAA Act, No. 2017-2 (Sep. 29, 2017), available at
https://www.ttb.gov/images/pdfs/rulings/2017-2-print.html (last visited Feb. 10, 2020).
33
27 C.F.R. § 11.4
BILL: SB 900 Page 6
Malt beverage product that has exceeded the manufacturer’s code date
and, according to the manufacturer’s policies, must be removed and
replaced with fresh products for purchase in the retail market.
An “undamaged product” is malt beverage product that is not a damaged or out-of-code.
Prohibitions
The bill prohibits the sale of malt beverages on consignment or on any basis other than a bona
fide sale. A return of malt beverages to a distributor is only allowed for the ordinary and usual
commercial reasons authorized by the bill. A product may not be returned because it is
overstocked or slow-moving or because there is only limited or seasonal demand, including, but
not limited to, product packaged in holiday decanters or distinctive bottles.
Returns of Undamaged Product
Under the bill, a vendor may request to return undamaged product to a distributor for exchange
of product or for credit, depending on the reason for the return. A distributor may not accept a
return of undamaged product unless the vendor requests the return within 7 days34 after the
delivery date. A distributor may accept a return of undamaged product for:
Credit or refund, if there is a change in regulation or administrative procedure prohibiting the
sale of a particular brand or container size;
Credit or refund, if a vendor terminates operations (excluding a temporary seasonal
shutdown);
Exchange of product, if a vendor requests return of a product for purposes of quality control
or freshness, and the product has not yet exceeded the manufacturer’s code date;
Exchange of product or credit, if a manufacturer has issued a product recall that affects
multiple vendors who are not affiliated with one another through having common ownership,
through being members of the same pool buying group, or through being members of the
same advertising cooperative;
Credit or refund, if the production or importation of a product is discontinued; or
Credit or refund, if a vendor is only open for a portion of the year and has product remaining
at closure, which, with respect to quality control or freshness, would become unsuitable for
sale during the off-season, according to the manufacturer’s code date.
Returns of Damaged Products
The bill permits damaged product to be returned to a distributor, if:
The return is for exchange of product or for a credit;
The distributor verifies that the product is damaged before accepting the return;
The product was not damaged by the vendor or its employees, agents, or customers; and
The vendor makes the request within 7 days35 after the delivery date.
34
See Florida Administrative Code Rule 61A-1.0108(1), which permits returns of undamaged products within 10 days of
delivery.
35
Florida Administrative Code Rule 61A-1.0107(1), permits returns of undamaged products within 15 days of delivery.
BILL: SB 900 Page 7
Returns of Out-of-Code Product
The bill permits a vendor to return out-of-code product to a distributor for an exchange of
product. A distributor may accept out-of-code product at any time, if:
The distributor first verifies that the product is an out-of-code product;
The manufacturer has written policies and procedures that specify the date that product
should be removed;
The manufacturer’s policies and procedures are readily available, verifiable, and consistently
applied by the manufacturer;
The manufacturer’s code date is printed on the product container or, in the case of a keg,
marked on a cap, collar, tag, or label affixed to the keg; and
Out-of-code product returned to a distributor does not reenter the retail market.
Exchanges of Product
The bill requires that an exchange of product must be in exact quantities with product of near or
equal value made by the same manufacturer and in the same size individual container or keg,
unless a credit is authorized at the time of return.
Distributor Requirements
Under the bill, a distributor is not required to accept returns of product. If a distributor accepts a
return of product, the distributor must:
Provide the exchange of product, the credit, or the refund to the vendor, as authorized under
the bill, at the same time the distributor picks up the product being returned; and
Pick up damaged or undamaged products being returned within 14 days after receipt of the
vendor’s request.
Recordkeeping Requirement
The bill requires a distributor to keep and maintain a transaction record of each return for 3
years. The distributor must provide a copy of the transaction record to the vendor in a format
accessible by and legible to the vendor.
Other Provisions
The bill provides that bona fide returns for exchange of product, credit, or refund are not
considered gifts, loans, or other forms of financial aid or assistance as prohibited by s. 561.42,
F.S.
As provided in s. 561.29, F.S., the bill authorizes the division to impose a civil penalty of $1,000
per violation against a distributor or vendor who violates s. 563.061, F.S., or any rule adopted
under this section.
The bill authorizes the division to adopt rules to administer and enforce s. 563.061, F.S.
BILL: SB 900 Page 8
Effective Date
The bill provides an effective date of July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Vendors in possession of undamaged, damaged, or out-of-code malt beverage products
could return the products for a refund, an exchange of product, or a credit subject to the
conditions in the bill.
C. Government Sector Impact:
The Division may need to engage in rulemaking to amend timeframes for return or
exchange of product, as currently outlined in Florida Administrative Code Rules 61A-
1.0107 and 61A-1.0108.
VI. Technical Deficiencies:
None.
BILL: SB 900 Page 9
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 563.061 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 SB 900 Florida Senate - 2020 SB 900
By Senator Stargel
22-00973A-20 2020900__ 22-00973A-20 2020900__
1 A bill to be entitled 30 expiration date, or other designated date or dating system
2 An act relating to malt beverages; creating s. 31 established by a manufacturer to signify freshness that is
3 563.061, F.S.; defining terms; prohibiting certain 32 printed on the malt beverage container or, in the case of a keg,
4 sales of malt beverages between a distributor and 33 marked on a cap, collar, tag, or label affixed directly to the
5 vendor; authorizing bona fide returns of malt 34 keg.
6 beverages under certain conditions; providing 35 (d) “Out-of-code product” means a malt beverage product
7 applicability; authorizing distributors to accept 36 that has exceeded the manufacturer’s code date and, according to
8 returns of certain products under specified 37 the manufacturer’s policies, must be removed and replaced with
9 conditions; providing distributor requirements for 38 fresh product for purchase in the retail market.
10 such returns; providing requirements for exchanges of 39 (e) “Undamaged product” means a malt beverage product that
11 product; providing recordkeeping requirements; 40 is not damaged or out of code.
12 specifying that authorized returns are not gifts, 41 (2) CONSIGNMENT SALES PROHIBITED; AUTHORIZED RETURNS.—A
13 loans, or other prohibited forms of financial aid or 42 distributor may not sell, offer for sale, or contract to sell
14 assistance; providing civil penalties; providing for 43 malt beverages on consignment or any basis other than a bona
15 rulemaking; providing an effective date. 44 fide sale. A vendor may not purchase, offer to purchase, or
16 45 contract to purchase malt beverages on consignment or any basis
17 Be It Enacted by the Legislature of the State of Florida: 46 other than a bona fide sale. Once a distributor sells malt
18 47 beverages to a vendor, only bona fide returns are permitted for
19 Section 1. Section 563.061, Florida Statutes, is created to 48 the ordinary and usual commercial reasons authorized in this
20 read: 49 section. This section does not permit return of product because
21 563.061 Return of malt beverage products.— 50 it is overstocked or slow-moving or because it has limited or
22 (1) DEFINITIONS.—As used in this section, the term: 51 seasonal demand, including, but not limited to, product packaged
23 (a) “Damaged product” means a malt beverage product 52 in holiday decanters or distinctive bottles.
24 delivered to a vendor exhibiting product deterioration, 53 (3) RETURNS OF UNDAMAGED PRODUCT.—
25 defective seals, leaking, damaged labels, or missing or 54 (a) Except as provided in paragraph (b), undamaged product
26 mutilated tamper-evident closures. 55 may be returned for exchange of product or credit.
27 (b) “Keg” means a reusable container used to store and 56 (b) A distributor may only accept a return of undamaged
28 dispense a malt beverage product in draft form on tap. 57 product if the return is requested within 7 days after the
29 (c) “Manufacturer’s code date” means a coded best-by date, 58 delivery date. However, a distributor may accept a return of
Page 1 of 6 Page 2 of 6
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Florida Senate - 2020 SB 900 Florida Senate - 2020 SB 900
22-00973A-20 2020900__ 22-00973A-20 2020900__
59 undamaged product after such time in the following 88 control or freshness, would become unsuitable for sale during
60 circumstances: 89 the off-season according to the manufacturer’s code date, such
61 1. If a vendor or its employees or agents are no longer 90 product may be returned for credit or refund.
62 permitted, due to a change in regulation or administrative 91
63 procedure, to sell a particular brand or size product, such 92 If undamaged product is returned under this paragraph, the
64 product may be returned for credit or refund. 93 distributor must keep documentation of a qualifying exception in
65 2. If a vendor terminates operations, the vendor’s 94 subparagraphs 1.-6. with the transaction record maintained
66 inventory of product at the time of termination may be returned 95 pursuant to subsection (8).
67 for credit or refund. This subparagraph does not apply during a 96 (4) RETURNS OF DAMAGED PRODUCT.—
68 vendor’s temporary seasonal shutdown. 97 (a) Damaged product may only be returned for exchange of
69 3. Except as provided in subparagraph 6., a product that 98 product or credit. A distributor must verify damaged product
70 has not yet exceeded the manufacturer’s code date may be 99 before accepting its return.
71 returned for purposes of ensuring quality control or freshness; 100 (b) Product damaged by a vendor, its employees or agents,
72 however, such product may only be returned for exchange of 101 or its customers may not be returned and shall be the vendor’s
73 product. 102 liability.
74 4. If a manufacturer has issued a product recall that 103 (c) A distributor may only accept return of damaged product
75 affects multiple vendors that are not affiliated through having 104 if requested within 7 days after the delivery date.
76 common ownership, being members of the same pool buying group, 105 (5) RETURNS OF OUT-OF-CODE PRODUCT.—
77 or being members of the same advertising cooperative, the 106 (a) Out-of-code product may only be returned for exchange
78 recalled product may be returned for exchange of product or 107 of product. A distributor must verify out-of-code product before
79 credit. If return of such product is requested more than 7 days 108 accepting its return.
80 after the delivery date, the distributor must keep documentation 109 (b) A distributor may accept return of out-of-code product
81 of the recall with the transaction record maintained pursuant to 110 any time after the manufacturer’s code date only in the
82 subsection (8). 111 following circumstances:
83 5. If production or importation of a product is 112 1. The manufacturer has written policies and procedures
84 discontinued, a vendor’s inventory of the discontinued product 113 that specify the date that out-of-code product should be
85 may be returned for credit or refund. 114 removed.
86 6. If a vendor is only open for a portion of the year and 115 2. Such policies and procedures are readily available,
87 has product remaining at closure which, with respect to quality 116 verifiable, and consistently applied by the manufacturer.
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22-00973A-20 2020900__ 22-00973A-20 2020900__
117 3. The manufacturer’s code date is printed on the product 146 state if the distributor notifies the division in writing before
118 container or, in the case of a keg, marked on a cap, collar, 147 keeping records in another location, and must be made available
119 tag, or label affixed directly to the keg. 148 to the division upon request for inspection in a format
120 4. Out-of-code product removed by the distributor does not 149 accessible and readable by the division. The distributor must
121 reenter the retail market. 150 notify the division in writing of any change in recordkeeping
122 (6) EXCHANGES OF PRODUCT.—An exchange of product authorized 151 location.
123 under this section must be in exact quantities with a product of 152 (9) RETURNS NOT TIED HOUSE EVIL.—Bona fide returns
124 near or equal value, made by the same manufacturer, and in the 153 authorized under this section for exchange of product, credit,
125 same size container or keg unless a credit is authorized under 154 or refund are not considered gifts, loans, or other forms of
126 this section to be issued at the time of the return. 155 financial aid or assistance prohibited by s. 561.42.
127 (7) DISTRIBUTOR REQUIREMENTS FOR RETURNS.—This section does 156 (10) CIVIL PENALTY.—In accordance with s. 561.29, the
128 not require a distributor to accept returns authorized under 157 division may impose a civil penalty against a distributor or
129 this section; however, if a distributor accepts return of 158 vendor for any violation of this section, or any rule adopted
130 product, the distributor must: 159 under this section, not to exceed $1,000 per violation.
131 (a) Provide the exchange of product, credit, or refund to 160 (11) RULEMAKING AUTHORITY.—The division may adopt rules to
132 the vendor, as provided in subsections (3), (4), and (5), at the 161 administer and enforce this section.
133 same time the distributor picks up the product being returned. 162 Section 2. This act shall take effect July 1, 2020.
134 (b) For damaged or undamaged product, pick up the product
135 being returned within 14 days after receipt of the vendor’s
136 request.
137 (8) TRANSACTION RECORDS.—A distributor must keep and
138 maintain for 3 years a transaction record of each return
139 identifying the vendor’s business name, address, and license
140 number; the product returned for exchange of product, credit, or
141 refund; and any other documentation required by this section.
142 The distributor must provide a copy of the transaction record to
143 the vendor in a format accessible and readable by the vendor.
144 Such transaction records must be maintained on the distributor’s
145 licensed premises, or may be kept at another location in this
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The Florida Senate
, appeara ce record
c'- (Del,ver BOTH) copie5 of this form to ' e Senator or Senate Professional Staff con ucting the meeting) - -
Meeting Date
Bill Number (if applicable)
Topic /
Amendment Barcode (if applicable)
Name
Job Title
Address _ Sj £> ( .f
Street
ir " i Phone. A/i/-3l Q' -Z>
City State 3 / Email_ ehvtd(pAnr ttfi.
Speaking: For Against information
iV hS|3ea ,in9: SupP°n ainst
(The Chair will read this information into the record.)
Representing
iPt r Af?, ?
Appearing at request of Chair: I I Yes I I Nr, i . * J .. , , -
l | res | | no Lobbyist registered with Legislature: ] Yes [ No
Those at this
This form is part of the public record for this moetinn
The Florida Senate
„, appearance record
e «r BOTH copies of this fom. to the Senator or Senate Professional Staff connecting the meeting)
/
Meeting Date
Bill Number (if applicable)
Topic
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Name
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The Florida Senate
appearance record
02/11/2020 (Deliver BOTH copies of this torn, to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date 900
Bill Number (if applicable)
Topic Malt Beverages
Amendment Barcode (if applicable)
Name Grace Lovett
Job Title Vice President of Government Affairs
Address 227 S Adams St
Street Phone 222 4082
Tallahassee FL
City 32301 Email Grace@frf.org
State Zip
Speaking: djFor [ Against | |Information
rrhairnSf>ea«in9 Pln Support DAgainst
(The Chair will read this information into the record.)
Representing Florida Retail Federation
Appearing at request of Chair: Oves 0 No
Lobbyist registered with Legislature: [ lYes f INn
meeting. Those w o do " beMol this
This form is part of the public record for this meeting.
s-nm
The Florida Senate
appearance record
2 /// /•2-0 (Deliver BOTH copies o, Ihis f„rm t0 the Senator or Senate Professional Staff conOnctlnp the eetinp,
Meeting Date
9(
till Number (h
Bill (if applicable)
T°Pic fr A l/e -o =: <r
Amendment Barcode (if applicable)
Name
Job™e
Address I -
Stre t d Phone 9£>£> 7 >7
/f> State Email
Speaking. §2 For [ ] Against Information
Waive Speaking: Din Support Against
(The Chair Wl11 read this information into the record.)
Representing A
Appearing at request of Chair: I I Yes f5?| m0 , ,. . . .
® o Lobbyist registered with Legislature: g Yes | | No
This form is part of the public record for this
Duplicate
The Florida Senate
appearance record
2/11/2020 (Deliver BOTH copies of this fomt to the Senator or Senate Professional Staff condocting the meeting)
Meeting Date SB900
Bill Number (if applicable)
Topic Beverages
Amendment Barcode (if applicable)
Name orY Guzzo
Job Title Governmental Affairs Consultant
Address 108 s Monroe St
Street
Phone 850-681-0024
Tallahassee FL
City
32301 Email cory@flapartners.com
State Zip
Speaking: LlFor E Against EH Information
Waive Speaking: In Support | | Against
(The Chair will read this information into the record.)
Representing Anheuser Busch
Appearing at request of Chair: EH Yes EH No
Lobbyist registered with Legislature: Yes [ ] No
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1128
INTRODUCER: Commerce and Tourism Committee and Senator Diaz
SUBJECT: Vacation Rentals
DATE: February 12, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof IT Favorable
2. Harmsen McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1128 preempts all regulation of vacation rentals to the state, including, but not limited to,
the inspection and licensing of vacation rentals. A vacation rental is a unit in a condominium or
cooperative, or a single, two, three, or four family house that is rented to guests more than three
times a year for periods of less than 30 days or 1 calendar month, whichever is shorter. Vacation
rentals are licensed by the Division of Hotels and Restaurants (division) within the Department
of Business and Professional Regulation (department).
Under the bill, a local government may regulate activities that arise when a property is used as a
vacation rental, provided the regulation applies uniformly to all residential properties. Under
current law, local governments may not prohibit vacation rentals or regulate the duration or
frequency of vacation rentals. A local law, ordinance, or regulation adopted on or before June 1,
2011, is exempt from this prohibition, and a local government may maintain this exemption if
their future amendment to a grandfathered regulation results in a less restrictive regulation of the
prohibition, duration, or frequency of vacation rentals.
The bill also preempts the regulation of advertising platforms to the state. An advertising
platform is a person who electronically advertises a vacation rental for rent for transient
occupancy, maintains a marketplace, and a reservation or payment system.
The bill requires the owner or operator of a vacation rental offered for transient occupancy
through an advertising platform to state the property’s vacation rental license number and the
BILL: CS/SB 1128 Page 2
applicable Florida sales tax registration and tourist development tax account numbers on the
vacation rental’s advertisement, and attest that, to the best of their knowledge, those numbers are
current, valid, and accurate. The vacation rental property owner or operator must display this tax
and licensure information inside the vacation rental property.
The bill requires an advertising platform to display the vacation rental license number and the
Florida sales tax registration and tourist development tax account numbers of each property that
advertises on its platform. The advertising platform must verify the validity of the vacation
rental’s license number before it can publish the advertisement and must perform ongoing checks
every calendar quarter thereafter. To facilitate this verification, the division must maintain
vacation rental license information in a readily accessible electronic format. The advertising
platform must remove from public view any advertisement or listing that fails to display a valid
vacation rental license number.
Under the bill, advertising platforms must provide to the division on a quarterly basis
information that assists the division with identification and verification of the vacation rental
property’s compliance with the bill’s requirements.
Advertising platforms are required by the bill to collect and remit any taxes imposed under chs.
212 and 125, F.S., that result from payment for the rental of a vacation rental property on its
platform. The bill allows platforms to exclude service fees from the taxable basis.
Additionally, advertising platforms must adopt anti-discrimination policies and inform users of
the public lodging discrimination prohibition found in s. 509.092, F.S.
The bill provides that its terms do not supersede any current or future declaration or covenant for
condominium, cooperative, or homeowners’ association.
The bill takes effect upon becoming law. However, the provisions relating to advertising
platforms take effect January 1, 2021.
II. Present Situation:
The Division of Hotels and Restaurants (division) within the Department of Business and
Professional Regulation (department) is the state agency charged with enforcing the provisions
of ch. 509, F.S., relating to the regulation of public lodging establishments and public food
service establishments for the purpose of protecting the public health, safety, and welfare.
The term “public lodging establishments” includes transient and nontransient public lodging
establishments.1 The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and
the duration of the rentals.
A “transient public lodging establishment” is defined in s. 509.013(4)(a)1., F.S., as:
1
Section 509.013(4)(a), F.S.
BILL: CS/SB 1128 Page 3
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.
A “nontransient public lodging establishment” is defined in s. 509.013(4)(a)2., F.S., as:
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.
Section 509.013(4)(b), F.S., exempts the following types of establishments from the definition of
“public lodging establishment”:
1. Any dormitory or other living or sleeping facility maintained by a public or
private school, college, or university for the use of students, faculty, or visitors.
2. Any facility certified or licensed and regulated by the Agency for Health Care
Administration or the Department of Children and Families or other similar place
regulated under s. 381.0072, F.S.;
3. Any place renting four rental units or less, unless the rental units are
advertised or held out to the public to be places that are regularly rented to
transients;
4. Any unit or group of units in a condominium, cooperative, or timeshare plan
and any individually or collectively owned one-family, two-family, three-family,
or four-family dwelling house or dwelling unit that is rented for periods of at least
30 days or 1 calendar month, whichever is less, and that is not advertised or held
out to the public as a place regularly rented for periods of less than 1 calendar
month, provided that no more than four rental units within a single complex of
buildings are available for rent;
5. Any migrant labor camp or residential migrant housing permitted by the
Department of Health under ss. 381.008-381.00895, F.S.;
6. Any establishment inspected by the Department of Health and regulated by
ch. 513 F.S.;
7. Any nonprofit organization that operates a facility providing housing only to
patients, patients’ families, and patients’ caregivers and not to the general public.
8. Any apartment building inspected by the United States Department of
Housing and Urban Development or other entity acting on the department’s
behalf that is designated primarily as housing for persons at least 62 years of age.
The division may require the operator of the apartment building to attest in
writing that such building meets the criteria provided in this subparagraph. The
division may adopt rules to implement this requirement; and
9. Any roominghouse, boardinghouse, or other living or sleeping facility that
may not be classified as a hotel, motel, timeshare project, vacation rental,
BILL: CS/SB 1128 Page 4
nontransient apartment, bed and breakfast inn, or transient apartment under
s. 509.242, F.S.
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient
apartment, transient apartment, bed and breakfast inn, or timeshare project.2
A “vacation rental” is defined in s. 509.242(1)(c), F.S., as:
any unit or group of units in a condominium, cooperative, or timeshare plan or
any individually or collectively owned single-family, two-family, three-family, or
four-family house or dwelling unit that is also a transient public lodging
establishment but is not a timeshare project.
The department licenses vacation rentals as condominiums, dwellings, or timeshare projects. 3
The division may issue a vacation rental license for “a single-family house, a townhouse, or a
unit or group of units in a duplex, triplex, quadruplex, or other dwelling unit that has four or less
units collectively.”4 The division does not license or regulate the rental of individual rooms
within a dwelling unit under the roominghouse and boardinghouse exclusion from the definition
of public lodging establishment under s. 509.013(4)(b)9., F.S.5
The 48,226 public lodging establishments licensed by the division are distributed as follows:6
Hotels – 2,104 licenses;
Motels – 2,509 licenses;
Nontransient apartments – 18,505 licenses;
Transient apartments – 935 licenses;
Bed and Breakfast Inns – 267 licenses;
Vacation rental condominiums – 8,066 licenses;
Vacation rental dwellings – 15,815 licenses; and
Vacation rental timeshare projects – 20 licenses.
Inspections of Vacation Rentals
The division must inspect each licensed public lodging establishment at least biannually, but
must inspect transient and nontransient apartments at least annually. However, the division is not
required to inspect vacation rentals, but vacation rentals must be available for inspection upon a
2
Section 509.242(1), F.S.
3
Rule 61C-1.002(4)(a)1, F.A.C.
4
The division further classifies a vacation rental license as a single, group, or collective license. See Rule 61C-1.002(4)(a)1,
F.A.C. A single license may include one single-family house or townhouse, or a unit or group of units within a single
building that are owned and operated by the same individual person or entity. A group license is a license issued by the
division to a licensed agent to cover all units within a building or group of buildings in a single complex. A collective license
is a license issued by the division to a licensed agent who represents a collective group of houses or units found on separate
locations not to exceed 75 houses or units per license.
5
Department of Business and Professional Regulation, 2020 Agency Legislative Bill Analysis for SB 1128 at page 2 (January
7, 2020) (on file with the Senate Committee on Innovation, Industry, and Technology).
6
Department of Business and Professional Regulation, HR400A-Sum Public Food and Lodging Statewide Account Summary,
(Jan. 1, 2020) available at http://www.myfloridalicense.com/dbpr/hr/reports/statistics/documents/licensecount1.pdf (last
visited Feb. 11, 2020).
BILL: CS/SB 1128 Page 5
request by the division.7 The division conducts inspections of vacation rentals in response to a
consumer complaint. In Fiscal Year 2018-2019, the division received 228 consumer complaints
regarding vacation rentals. In response to the complaints, the division confirmed a violation for
14 of the complaints.8
The division’s inspection of vacation rentals includes matters of safety (for example, fire
hazards, smoke detectors, and boiler safety), sanitation (for example, safe water sources,
bedding, and vermin control), consumer protection (for example, unethical business practices,
compliance with the Florida Clean Air Act, and maintenance of a guest register), and other
general safety and regulatory matters.9 The division must notify the local firesafety authority or
the State Fire Marshal of any readily observable violation of a rule adopted under ch. 633, F.S.,10
which relates to a public lodging establishment.11
Additionally, an applicant for a vacation rental license is required to submit with the license
application a signed certificate evidencing the inspection of all balconies, platforms, stairways,
railings, and railways, from a person competent to conduct such inspections.12
Preemption
Section 509.032(7)(a), F.S., provides that “the regulation of public lodging establishments and
public food service establishments, including, but not limited to, sanitation standards,
inspections, training and testing of personnel, and matters related to the nutritional content and
marketing of foods offered in such establishments, is preempted to the state.”
Current law does not preempt the authority of a local government or local enforcement district to
conduct inspections of public lodging establishments for compliance with the Florida Building
Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206, F.S.13
Section 509.032(7)(b), F.S., prohibits local laws, ordinances, or regulations that prohibit vacation
rentals or regulate the duration or frequency of rental of vacation rentals. However, this
prohibition does not apply to any local law, ordinance, or regulation adopted on or before June 1,
2011.
7
Section 509.032(2)(a), F.S.
8
Department of Business and Professional Regulation, Division of Hotels and Restaurants Annual Report for FY 2018-2019
at page 8-12, available at http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2018_19.pdf (last
visited Feb. 11, 2020).
9
See ss. 509.211 and 509.221, F.S., for the safety and sanitary regulations, respectively. See also Rule 61C-1.002, F.A.C.;
Lodging Inspection Report, DBPR Form HR 5022-014, which details the safety and sanitation matters addressed in the
course of an inspection. A copy of the Lodging Inspection Report is available at:
https://www.flrules.org/Gateway/reference.asp?No=Ref-07062 (last visited Feb. 11, 2020).
10
Chapter 633, F.S., relates to fire prevention and control, including the duties of the State Fire Marshal and the adoption of
the Florida Fire Prevention Code.
11
Section 509.032(2)(d), F.S.
12
See ss. 509.211(3) and 509.2112, F.S., and form DBPR HR-7020, Division of Hotels and Restaurants Certificate of
Balcony Inspection, available at
https://www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1030&clientCode=2007&XACT_DEFN_ID=769
4 (last visited Feb. 11, 2020).
13
Section 509.032(7)(a), F.S.
BILL: CS/SB 1128 Page 6
Section 509.032(7)(c), F.S., provides that the prohibition in s. 509.032(7)(b), F.S., does not apply
to local laws, ordinances, or regulations exclusively relating to property valuation as a criterion
for vacation rental if the law, ordinance, or regulation is required to be approved by the state land
planning agency pursuant to an area of critical state concern designation.14
Legislative History
In 2011, the Legislature preempted certain vacation rental regulation to the state. The preemption
prevented local governments from enacting any law, ordinance, or regulation that:
Restricted the use of vacation rentals;
Prohibited vacation rentals; or
Regulated vacation rentals based solely on their classification, use, or occupancy.15
This legislation grandfathered any local law, ordinance, or regulation that was enacted by a local
government on or before June 1, 2011.16
In 2014, the Legislature revised the preemption to its current form with an effective date of
July 1, 2014.17 Chapter 2014-71, Laws of Fla., amended s. 509.032(7)(b), F.S., and repealed the
portions of the preemption of local laws, ordinances, and regulations which prohibited
“restrict[ing] the use of vacation rentals” and which prohibited regulating vacation rentals “based
solely on their classification, use or occupancy.”18
Attorney General Opinions
The office of the Attorney General issued an Informal Legal Opinion on October 22, 2013,
regarding whether Flagler County could intercede and stop vacation rental operations in private
homes that were zoned, prior to June 1, 2011, for single-family residential use.19 According to
the opinion, “due to an increase in the number of homes being used as vacation rentals in Flagler
County, many permanent residents in neighborhoods with vacation rentals have raised concerns
about the negative effects such rentals have on their quality of life and the character of their
neighborhood.” Flagler County had no regulation governing vacation rentals before the
grandfather date of June 1, 2011, in s. 509.032(7)(b), F.S. The Attorney General concluded that
the county’s local zoning ordinance for single-family homes that predated June 1, 2011, did not
restrict the rental of such property as a vacation rental and that the zoning ordinances could not
now be interpreted to restrict vacation rentals.
The Attorney General also issued an opinion on November 13, 2014, to the City of Wilton
Manors, concluding that s. 509.032(7)(b), F.S., does not permit the city to regulate the location
of vacation rentals through zoning, and the city may not prohibit vacation rentals that fail to
14
See s. 163.3164(43), F.S., which provides that the state land planning agency is the Department of Economic Opportunity.
15
Chapter 2011-119, Laws of Fla.
16
Id.
17
Chapter 2014-71, Laws of Fla. (codified in s. 509.032(7)(b), F.S.)
18
Id.
19
Florida Attorney General, Informal Legal Opinion to Mr. Albert Hadeed, Flagler County Attorney, regarding “Vacation
Rental Operation-Local Ordinances” (October 22, 2013), (on file with the Senate Committee on Innovation, Industry, and
Technology).
BILL: CS/SB 1128 Page 7
comply with the registration and licensing requirements in s. 509.241, F.S., which requires
public lodging establishments to obtain a license from the division.20
In addition, the Attorney General issued an advisory opinion on October 5, 2016, addressing
whether a municipality could limit the spacing and concentration of vacation rentals through a
proposed ordinance regarding vacation rentals.21 The Attorney General concluded that the
preemption in s. 509.032, F.S., allows local governments some regulation of vacation rentals, but
prevents local governments from prohibiting vacation rentals. Consequently, the Attorney
General noted that a municipality may not impose spacing or proportional regulations that would
have the effect of preventing eligible housing from being used as a vacation rental.22
The Attorney General also opined that amending an ordinance that was enacted prior to June 1,
2011 will not invalidate the grandfather protection for the parts of the ordinance that are
reenacted.23 The new provisions would be preempted by state law if they revise an ordinance in a
manner that would regulate the duration or frequency of rental of vacation rentals, even when the
new regulation would be considered “less restrictive” than the prior local law.
Public Lodging Non-Discrimination Law
Section 509.092, F.S., prohibits an operator of a public lodging establishment from denying
service or offering lesser quality accommodations to a person based upon his or her race, creed,
color, sex, pregnancy, physical disability, or national origin. An aggrieved person may file a
complaint pursuant to s. 760.11, F.S., of the Florida Civil Rights Act. Such complaints are
mediated, investigated, and determined by the Florida Commission on Human Relations.24
III. Effect of Proposed Changes:
Preemptions
The bill amends s. 509.032(7), F.S., to preempt all regulation of vacation rentals and advertising
platforms to the state, and specifically prohibits local laws, ordinances, or regulations that require
the inspection or licensure of public lodging establishments, including vacation rentals.
The bill allows a local government to regulate activities that arise when a property is used as a
vacation rental if the regulation applies uniformly to all residential properties without regard to
whether the property is used as a vacation rental or as a long-term rental under ch. 83, F.S. Any
local law, ordinance, or regulation adopted on or before June 1, 2011, is not affected by this
preemption, and any such regulation may be amended without affecting its grandfathered status
20
Op. Att’y Gen. Fla. 2014-09, Vacation Rentals - Municipalities - Land Use (November 13, 2014), available at
http://www.myfloridalegal.com/ago.nsf/printview/5DFB7F27FB483C4685257D900050D65E (last visited Feb. 11, 2020).
21
Op. Att’y Gen. Fla. 2016-12, Municipalities - Vacation Rentals - Zoning (October 5, 2016) (on file with the Senate
Committee on Innovation, Industry, and Technology).
22
Id.
23
Op. Att’y Gen. Fla. 2019-07, Vacation rentals, municipalities, grandfather provisions (August 16, 2019) available at
http://www.myfloridalegal.com/ago.nsf/Opinions/933B3706FADB00CA85258458006F4CFA (last visited Feb. 11, 2020).
24
See Florida Commission on Human Relations, Public Accommodations, https://fchr.myflorida.com/public-
accommodations (last visited Feb. 11, 2020).
BILL: CS/SB 1128 Page 8
if the amendment makes the local law, ordinance, or regulation less restrictive with regard to its
prohibition of, or duration or frequency regulation of, vacation rentals.
Definition of the term “Advertising Platform”
The bill creates s. 509.013(17), F.S., to define the term “advertising platform.” Under the bill, an
advertising platform:
Provides an online application, software, website, or system through which a vacation rental
located in this state is advertised or held out to the public as available to rent for transient
occupancy;
Provides or maintains a marketplace for the renting by transient occupancy of a vacation
rental; and
Provides a reservation or payment system that facilitates a transaction for the renting by
transient occupancy of a vacation rental and for which the person collects or receives,
directly or indirectly, a fee in connection with the reservation or payment service provided
for such transaction.
Requirements for Operators of Vacation Rentals
The bill amends s. 509.241, F.S., to require the owner or operator of a vacation rental offered for
transient occupancy through an advertising platform to display the vacation rental license
number and the applicable Florida sales tax registration and tourist development tax account
numbers within the vacation rental property.
Requirements for Advertising Platforms
Effective January 1, 2021, the bill creates s. 509.243, F.S., to provide requirements, including a
reporting requirement, for an advertising platform. Under the bill, an advertising platform must:
Require that a person who places an advertisement for the rental of a vacation rental to:
o Include the vacation rental license number and the applicable Florida sales tax
registration and tourist development tax account numbers in the vacation rental’s
advertisement; and
o Attest to the best of their knowledge that the license number for the vacation rental
property and the applicable tax numbers are current, valid, and accurately stated in the
advertisement.
Verify and display the vacation rental property’s license number; the verification must occur
before the platform publishes the rental property’s advertisement, and re-occur on a quarterly
basis.
Display the vacation rental property’s applicable tax numbers.
Provide to the division on a quarterly basis, by file transfer protocol or electronic data
exchange file, a list of all vacation rental listings in this state on its platform specified
information, including the Internet address of the listing, the physical address of the listing,
the vacation rental license number, and applicable tax numbers.
Remove from public view an advertisement or listing from its online application, software,
website, or system within 15 business days after being notified by the division in writing that
the subject advertisement or listing for the rental of a vacation rental located in this state fails
to display a valid license number issued by the division.
BILL: CS/SB 1128 Page 9
Collect and remit taxes due under chs. 212 and 125, F.S., that result from the reservation of a
vacation rental property and payment therefor through an advertising platform; service fees
assessed by the advertising platform are not subject to these taxes.
Adopt an anti-discrimination plan and inform its users of the public lodging discrimination
prohibition found in s. 509.092, F.S.
The division must maintain vacation rental license information in a readily accessible electronic
format.
The bill provides processes for the division to issue a cease and desist order for any person who
violates ch. 509, F.S. The bill authorizes the division to seek an injunction or a writ of mandamus
to enforce a cease and desist order. If the department is required to seek enforcement of the
notice for a penalty pursuant to s. 120.569, F.S.,25 it is entitled to collect its attorney fees and
costs, together with any cost of collection.
Community Associations
The bill provides that the application of vacation rental provisions created by the bill do not
supersede any current or future declaration or declaration of condominium, cooperative
documents, or declaration of covenants or declaration in a homeowners’ association.
Effective Date
The bill takes effect upon becoming law. However, the provisions of s. 509.243, F.S., relating to
advertising platforms, take effect January 1, 2021.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
25
Section 120.569, F.S., provides the administrative procedures for resolution of agency decisions which affect substantial
interests before the Division of Administrative Hearings.
BILL: CS/SB 1128 Page 10
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Local governments may see an increase in local tourist development taxes.26
State government may see an increase in sales taxes and an indeterminate amount of
licensing revenue due to the new definition of vacation rentals.27
B. Private Sector Impact:
Indeterminate.
C. Government Sector Impact:
A local government may have an indeterminate decrease of revenue if the local
government currently requires a vacation rental license or registration fee. Under the bill,
a local government may not require a vacation rental to register or obtain such a license.
The department estimates a cost of $448,926 ($412,005 recurring) for six full-time
employees and indeterminate possible additional costs.28
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 509.013, 509.032,
and 509.241.
This bill creates section 509.243 of the Florida Statutes.
26
See note 5, supra at page 7.
27
Id.
28
Id.
BILL: CS/SB 1128 Page 11
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
Recommended CS by Commerce and Tourism on February 11, 2020:
Clarifies the definition of an advertising platform and narrows it by removing print
advertisements from its scope;
Permits a local government to amend a grandfathered vacation rental regulation,
while preserving its exemption from preemption, if the amendment makes the
regulation less restrictive;
Deletes a provision amending the definition of the term “vacation rental;”
Requires the department to maintain vacation rental property license information in
an accessible electronic format;
Requires advertising platforms to verify a property’s license number prior to
publishing its advertisement on its platform, and every quarter thereafter;
Requires advertising platforms to quarterly provide the department with the physical
address of the vacation rental properties that advertise on their platforms;
Imposes a duty on advertising platforms to collect and remit taxes in relation to the
rental of a vacation rental property through its platform;
Establishes requirements that advertising platforms adopt an anti-discrimination
policy and inform their users of the public lodging discrimination prohibition found in
s. 509.092, F.S.; and
Clarifies that the bill shall not supersede any current or future community association
governing document.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1128
Ì7582369Î758236
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/11/2020 .
.
.
.
The Committee on Commerce and Tourism (Diaz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (17) is added to section 509.013,
6 Florida Statutes, to read:
7 509.013 Definitions.—As used in this chapter, the term:
8 (17) “Advertising platform” means a person who:
9 (a) Provides an online application, software, website, or
10 system through which a vacation rental located in this state is
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11 advertised or held out to the public as available to rent for
12 transient occupancy;
13 (b) Provides or maintains a marketplace for the renting by
14 transient occupancy of a vacation rental; and
15 (c) Provides a reservation or payment system that
16 facilitates a transaction for the renting by transient occupancy
17 of a vacation rental and for which the person collects or
18 receives, directly or indirectly, a fee in connection with the
19 reservation or payment service provided for such transaction.
20 Section 2. Subsection (7) of section 509.032, Florida
21 Statutes, is amended to read:
22 509.032 Duties.—
23 (7) PREEMPTION AUTHORITY.—
24 (a) The regulation of public lodging establishments,
25 including vacation rentals, and public food service
26 establishments, including, but not limited to, sanitation
27 standards, licensing, inspections, training and testing of
28 personnel, and matters related to the nutritional content and
29 marketing of foods offered in such establishments, is expressly
30 preempted to the state. A local law, ordinance, or regulation,
31 may not allow or require the local inspection or licensing of
32 public lodging establishments, including vacation rentals, or
33 public food service establishments. This paragraph does not
34 preempt the authority of a local government or local enforcement
35 district to conduct inspections of public lodging and public
36 food service establishments for compliance with the Florida
37 Building Code and the Florida Fire Prevention Code, pursuant to
38 ss. 553.80 and 633.206.
39 (b) A local law, ordinance, or regulation may regulate
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40 activities that arise when a property is used as a vacation
41 rental if the law, ordinance, or regulation applies uniformly to
42 all residential properties without regard to whether the
43 property is used as a vacation rental as defined in s. 509.242,
44 the property is used as a long-term rental subject to chapter
45 83, or the property owner chooses not to rent the property.
46 However, a local law, ordinance, or regulation may not prohibit
47 vacation rentals or regulate the duration or frequency of rental
48 of vacation rentals. This paragraph does not apply to any local
49 law, ordinance, or regulation adopted on or before June 1,
50 2011,including when such law, ordinance, or regulation is being
51 amended to be less restrictive with regard to a prohibition, or
52 duration, or frequency regulation.
53 (c) Paragraph (b) does not apply to any local law,
54 ordinance, or regulation exclusively relating to property
55 valuation as a criterion for vacation rental if the local law,
56 ordinance, or regulation is required to be approved by the state
57 land planning agency pursuant to an area of critical state
58 concern designation.
59 (d) The regulation of advertising platforms is preempted to
60 the state and shall be regulated under this chapter.
61 Section 3. Effective January 1, 2021, subsection (3) of
62 section 509.241, Florida Statutes, is amended to read:
63 509.241 Licenses required; exceptions.—
64 (3) DISPLAY OF LICENSE.—Any license issued by the division
65 must shall be conspicuously displayed to the public inside in
66 the office or lobby of the licensed establishment. Public food
67 service establishments that which offer catering services must
68 shall display their license number on all advertising for
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69 catering services. The owner or operator of a vacation rental
70 offered for transient occupancy through an advertising platform
71 must also display the vacation rental license number and the
72 applicable Florida sales tax registration and tourist
73 development tax account numbers under which such taxes must be
74 paid for each rental of the property as a vacation rental.
75 Section 4. Effective January 1, 2021, section 509.243,
76 Florida Statutes, is created to read:
77 509.243 Advertising platforms.—
78 (1)(a) An advertising platform must require that a person
79 who places an advertisement for the rental of a vacation rental:
80 1. Include in the advertisement the vacation rental license
81 number and the applicable Florida sales tax registration and
82 tourist development tax account numbers under which such taxes
83 must be paid before the advertisement may be listed; and
84 2. Attest to the best of their knowledge that the license
85 number for the vacation rental property and the applicable tax
86 numbers are current, valid, and accurately stated in the
87 advertisement.
88 (b) An advertising platform must display the vacation
89 rental license number and applicable Florida sales tax
90 registration and tourist development tax numbers. The
91 advertising platform must verify that the vacation rental
92 license number provided by the owner or operator is valid and
93 applies to the subject vacation rental before publishing the
94 advertisement on its platform and again at the end of each
95 calendar quarter that the advertisement remains on its platform.
96 (c) The division shall maintain vacation rental license
97 information in a readily accessible electronic format that is
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98 sufficient to facilitate prompt compliance with the requirements
99 of this subsection by an advertising platform or a person
100 placing an advertisement on an advertising platform for
101 transient rental of a vacation rental.
102 (2) An advertising platform must provide to the division on
103 a quarterly basis, by file transfer protocol or electronic data
104 exchange file, a list of all vacation rentals located in this
105 state that are advertised on its platform, along with the
106 following information for each vacation rental:
107 (a) The uniform resource locator for the Internet address
108 of the vacation rental advertisement.
109 (b) Unless otherwise stated in the vacation rental
110 advertisement at the Internet address provided pursuant to
111 paragraph (a), the physical address of the vacation rental,
112 including any unit designation, the vacation rental license
113 number provided by the owner or operator, and the applicable
114 Florida sales tax registration and tourist development tax
115 account numbers under which taxes will be remitted for the
116 rentals commenced through the advertisement.
117 (3) An advertising platform must remove from public view an
118 advertisement or listing from its online application, software,
119 website, or system within 15 business days after being notified
120 by the division in writing that the subject advertisement or
121 listing for the rental of a vacation rental located in this
122 state fails to display a valid license number issued by the
123 division.
124 (4) If a guest uses a payment system on or through an
125 advertising platform to pay for the rental of a vacation rental
126 located in this state, the advertising platform shall collect
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127 and remit all taxes imposed under chs. 212 and 125 resulting
128 from the rental. When calculating taxes imposed under chs. 212
129 and 125, an advertising platform may exclude the amount of any
130 fees directly attributable to the service provided by the
131 advertising platform. The Department of Revenue is authorized to
132 adopt rules to implement this subsection.
133 (5) If the division has probable cause to believe that a
134 person not licensed by the division has violated this chapter,
135 or any rule adopted pursuant thereto, the division may issue and
136 deliver to such person a notice to cease and desist from the
137 violation. The issuance of a notice to cease and desist does not
138 constitute agency action for which a hearing under ss. 120.569
139 and 120.57 may be sought. For the purpose of enforcing a cease
140 and desist notice, the division may file a proceeding in the
141 name of the state seeking the issuance of an injunction or a
142 writ of mandamus against any person who violates any provision
143 of the notice. If the department is required to seek enforcement
144 of the notice for a penalty pursuant to s. 120.569, it is
145 entitled to collect its attorney fees and costs, together with
146 any cost of collection.
147 (6) Advertising platforms must adopt an anti-discrimination
148 plan in order to help prevent discrimination among its users and
149 must inform all users of their services that it is illegal to
150 refuse accommodation to an individual based on race, creed,
151 color, sex, pregnancy, physical disability, or national origin,
152 pursuant to s. 509.092.
153 Section 6. The application of this act shall not supersede
154 any current or future declaration or declaration of condominium
155 adopted pursuant to chapter 718, Florida Statutes, cooperative
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156 documents adopted pursuant to chapter 719, Florida Statutes, or
157 declaration of covenants or declaration adopted pursuant to
158 chapter 720, Florida Statutes.
159 Section 7. Except as otherwise expressly provided in this
160 act, this act shall take effect upon becoming a law.
161
162
163 ================= T I T L E A M E N D M E N T ================
164 And the title is amended as follows:
165 Delete everything before the enacting clause
166 and insert:
167 A bill to be entitled
168 An act relating to vacation rentals; amending s.
169 509.013, F.S.; defining the term “advertising
170 platform”; amending s. 509.032, F.S.; preempting the
171 regulation of vacation rentals to the state;
172 authorizing a local law, ordinance, or regulation to
173 regulate certain activities under certain
174 circumstances; prohibiting a local law, ordinance, or
175 regulation from allowing or requiring inspections or
176 licensing of vacation rentals; expanding an exemption
177 to permit certain ordinances adopted on or before June
178 1, 2011 to be amended to be less restrictive;
179 preempting the regulation of advertising platforms to
180 the state; amending s. 509.241, F.S.; requiring
181 licenses issued by the Division of Hotels and
182 Restaurants of the Department of Business and
183 Professional Regulation to be displayed conspicuously
184 to the public inside the licensed establishment;
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185 requiring the operator of certain vacation rentals to
186 also display its vacation rental license number and
187 applicable tax account numbers; creating s. 509.243,
188 F.S.; requiring advertising platforms to require that
189 persons placing advertisements for vacation rentals
190 include certain information in the advertisements;
191 providing that the advertising platform is required to
192 verify such information; requiring each advertising
193 platform to quarterly provide the division with
194 certain information regarding vacation rentals in this
195 state listed on the platform; requiring an advertising
196 platform to remove an advertisement or listing under
197 certain conditions and within a specified timeframe;
198 requiring an advertising platform to collect and remit
199 taxes imposed under chs. 212 and 125, F.S., for
200 certain transactions; authorizing the Department of
201 Revenue to adopt rules; requiring an advertising
202 platform to adopt an anti-discrimination plan and to
203 give notice to users of their services; authorizing
204 the division to issue and deliver a notice to cease
205 and desist for certain violations; providing that such
206 notice does not constitute agency action for which a
207 certain hearing may be sought; authorizing the
208 division to file certain proceedings; authorizing the
209 collection of attorney fees and costs under certain
210 circumstances; providing applicability; providing
211 effective dates.
212
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Bill No. SB 1128
Ì108712ÆÎ108712
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/11/2020 .
.
.
.
The Committee on Commerce and Tourism (Stewart) recommended the
following:
1 Senate Amendment to Amendment (758236) (with title
2 amendment)
3
4 Delete lines 24 - 48
5 and insert:
6 (a) The regulation of public lodging establishments and
7 public food service establishments, including, but not limited
8 to, sanitation standards, inspections, training and testing of
9 personnel, and matters related to the nutritional content and
10 marketing of foods offered in such establishments, is preempted
Page 1 of 2
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1128
Ì108712ÆÎ108712
11 to the state. This paragraph does not preempt the authority of a
12 local government or local enforcement district to conduct
13 inspections of public lodging and public food service
14 establishments for compliance with the Florida Building Code and
15 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
16 633.206.
17 (b) A local law, ordinance, or regulation may not prohibit
18 vacation rentals or regulate the duration or frequency of rental
19 of vacation rentals. A local law, ordinance, or regulation may
20 regulate vacation rentals, but not in a manner that is more
21 restrictive than the local government’s local laws, ordinances,
22 or regulations regulating bed and breakfast inns. This paragraph
23 does not apply to any local
24
25 ================= T I T L E A M E N D M E N T ================
26 And the title is amended as follows:
27 Delete lines 170 - 176
28 and insert:
29 platform”; amending s. 509.032, F.S.; authorizing a
30 local law, ordinance, or regulation to regulate
31 vacation rentals under certain circumstances;
32 expanding an exemption
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Florida Senate - 2020 SB 1128 Florida Senate - 2020 SB 1128
By Senator Diaz
36-01819-20 20201128__ 36-01819-20 20201128__
1 A bill to be entitled 30 listed on the platform; requiring an advertising
2 An act relating to vacation rentals; amending s. 31 platform to remove an advertisement or listing under
3 509.013, F.S.; defining the term “advertising 32 certain conditions and within a specified timeframe;
4 platform”; amending s. 509.032, F.S.; preempting the 33 authorizing the division to issue and deliver a notice
5 regulation of vacation rentals to the state; providing 34 to cease and desist for certain violations; providing
6 legislative findings; authorizing a local law, 35 that such notice does not constitute agency action for
7 ordinance, or regulation to regulate certain 36 which a certain hearing may be sought; authorizing the
8 activities under certain circumstances; prohibiting a 37 division to file certain proceedings; authorizing the
9 local law, ordinance, or regulation from allowing or 38 collection of attorney fees and costs under certain
10 requiring inspections or licensing of vacation 39 circumstances; providing applicability; providing
11 rentals; preempting the regulation of advertising 40 effective dates.
12 platforms to the state; amending s. 509.241, F.S.; 41
13 requiring licenses issued by the Division of Hotels 42 Be It Enacted by the Legislature of the State of Florida:
14 and Restaurants of the Department of Business and 43
15 Professional Regulation to be displayed conspicuously 44 Section 1. Subsection (17) is added to section 509.013,
16 to the public inside the licensed establishment; 45 Florida Statutes, to read:
17 requiring the operator of certain vacation rentals to 46 509.013 Definitions.—As used in this chapter, the term:
18 also display its vacation rental license number and 47 (17) “Advertising platform” means a person who:
19 applicable tax account numbers; amending s. 509.242, 48 (a) Provides an online application, software, website,
20 F.S.; revising the criteria for a public lodging 49 system, or print advertisement through which a transient public
21 establishment to be classified as a vacation rental; 50 lodging establishment located in this state is advertised or
22 creating s. 509.243, F.S.; requiring advertising 51 held out to the public as available to rent for transient
23 platforms to require that persons placing 52 occupancy;
24 advertisements for vacation rentals include certain 53 (b) Provides or maintains a marketplace for the renting by
25 information in the advertisements; providing that the 54 transient occupancy of a vacation rental; or
26 advertising platform is not required to verify such 55 (c) Provides a reservation or payment system that
27 information; requiring each advertising platform to 56 facilitates a transaction for the renting by transient occupancy
28 quarterly provide the division with certain 57 of a vacation rental and for which the person collects or
29 information regarding vacation rentals in this state 58 receives, directly or indirectly, a fee in connection with the
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CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
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59 reservation or payment service provided for such transaction. 88 vacation rental have constitutionally protected property rights
60 89 and other rights that must be protected, including the right to
61 The term does not include the multiple listing service or an 90 use their residential property as a vacation rental;
62 online or print advertisement of a transient public lodging 91 (II) Vacation rentals play a significant, unique, and
63 establishment by a real estate broker or sales associate 92 critical role in this state’s tourism industry, and that role is
64 licensed under chapter 475; however, a real estate broker or 93 different from other types of public lodging establishments;
65 sales associate licensed under chapter 475 must comply with s. 94 (III) There are factors unique to the ownership and
66 509.243(3). 95 operation of a vacation rental; and
67 Section 2. Subsection (7) of section 509.032, Florida 96 (IV) Vacation rentals are residential in nature, a
68 Statutes, is amended to read: 97 residential use, and thus permitted in residential
69 509.032 Duties.— 98 neighborhoods.
70 (7) PREEMPTION AUTHORITY.— 99 b. Except as provided under this subparagraph, the
71 (a) Public lodging establishments and public food service 100 regulation of vacation rentals, including inspection and
72 establishments.— 101 licensing, is expressly preempted to the state.
73 1. Preemption.—The regulation of public lodging 102 c. A local law, ordinance, or regulation may regulate
74 establishments, including vacation rentals, and public food 103 activities that arise when a property is used as a vacation
75 service establishments, including, but not limited to, 104 rental if the law, ordinance, or regulation applies uniformly to
76 sanitation standards, inspections, training and testing of 105 all residential properties without regard to whether the
77 personnel, and matters related to the nutritional content and 106 property is used as a vacation rental as defined in s. 509.242,
78 marketing of foods offered in such establishments, is preempted 107 the property is used as a long-term rental subject to chapter
79 to the state. This subparagraph paragraph does not preempt the 108 83, or the property owner chooses not to rent the property.
80 authority of a local government or local enforcement district to 109 However, a local law, ordinance, or regulation may not prohibit
81 conduct inspections of public lodging and public food service 110 vacation rentals or regulate the duration or frequency of rental
82 establishments for compliance with the Florida Building Code and 111 of vacation rentals. This sub-subparagraph paragraph does not
83 the Florida Fire Prevention Code, pursuant to ss. 553.80 and 112 apply to any local law, ordinance, or regulation adopted on or
84 633.206. 113 before June 1, 2011.
85 2.(b) Vacation rentals.— 114 d. A local law, ordinance, or regulation may not allow or
86 a. The Legislature finds that: 115 require the inspection or licensing of vacation rentals.
87 (I) Property owners who choose to use their property as a 116 e.(c) This subparagraph paragraph (b) does not apply to any
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117 local law, ordinance, or regulation exclusively relating to 146 (c) Vacation rental.—A vacation rental is a any unit or
118 property valuation as a criterion for vacation rental if the 147 group of units in a condominium or cooperative or in an any
119 local law, ordinance, or regulation is required to be approved 148 individually or collectively owned single-family, two-family,
120 by the state land planning agency pursuant to an area of 149 three-family, or four-family house or dwelling unit that is also
121 critical state concern designation. 150 a transient public lodging establishment but that is not a
122 (b) Advertising platforms.—The regulation of advertising 151 timeshare project.
123 platforms is preempted to the state and shall be regulated under 152 Section 5. Effective January 1, 2021, section 509.243,
124 this chapter. 153 Florida Statutes, is created to read:
125 Section 3. Effective January 1, 2021, subsection (3) of 154 509.243 Advertising platforms.—
126 section 509.241, Florida Statutes, is amended to read: 155 (1)(a) An advertising platform must require that a person
127 509.241 Licenses required; exceptions.— 156 who places an advertisement for the rental of a vacation rental:
128 (3) DISPLAY OF LICENSE.—Any license issued by the division 157 1. Include in the advertisement the vacation rental license
129 must shall be conspicuously displayed to the public inside in 158 number and the applicable Florida sales tax registration and
130 the office or lobby of the licensed establishment. Public food 159 tourist development tax account numbers under which such taxes
131 service establishments that which offer catering services must 160 must be paid before the advertisement may be listed; and
132 shall display their license number on all advertising for 161 2. Attest to the best of their knowledge that the license
133 catering services. The operator of a vacation rental offered for 162 number for the vacation rental property and the applicable tax
134 transient occupancy through an advertising platform must also 163 numbers are current, valid, and accurately stated in the
135 display the vacation rental license number and the applicable 164 advertisement.
136 Florida sales tax registration and tourist development tax 165 (b) An advertising platform must display the license number
137 account numbers under which such taxes must be paid for each 166 and applicable Florida sales tax registration and tourist
138 rental of the property as a vacation rental. 167 development tax numbers, but the advertising platform is not
139 Section 4. Paragraph (c) of subsection (1) of section 168 required to verify such information.
140 509.242, Florida Statutes, is amended to read: 169 (2) An advertising platform must provide to the division on
141 509.242 Public lodging establishments; classifications.— 170 a quarterly basis, by file transfer protocol or electronic data
142 (1) A public lodging establishment shall be classified as a 171 exchange file, a list of all vacation rental listings in this
143 hotel, motel, nontransient apartment, transient apartment, bed 172 state on its platform and all of the following information for
144 and breakfast inn, timeshare project, or vacation rental if the 173 each listing:
145 establishment satisfies the following criteria: 174 (a) The uniform resource locator for the Internet address
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175 of the listing. 204 declaration or declaration of condominium adopted pursuant to
176 (b) The vacation rental license number provided by the 205 chapter 718, Florida Statutes, cooperative documents adopted
177 owner or operator. 206 pursuant to chapter 719, Florida Statutes, or declaration of
178 (c) The applicable Florida sales tax registration and 207 covenants or declaration adopted pursuant to chapter 720,
179 tourist development tax numbers under which taxes will be 208 Florida Statutes.
180 remitted for rentals commenced through the advertisement. 209 Section 7. Except as otherwise expressly provided in this
181 (3) An advertising platform must remove from public view an 210 act, this act shall take effect upon becoming a law.
182 advertisement or listing from its online application, software,
183 website, or system within 15 business days after being notified
184 by the division in writing that the subject advertisement or
185 listing for the rental of a vacation rental located in this
186 state fails to display a valid license number issued by the
187 division.
188 (4) If the division has probable cause to believe that a
189 person not licensed by the division has violated this chapter,
190 or any rule adopted pursuant thereto, the division may issue and
191 deliver to such person a notice to cease and desist from the
192 violation. The issuance of a notice to cease and desist does not
193 constitute agency action for which a hearing under ss. 120.569
194 and 120.57 may be sought. For the purpose of enforcing a cease
195 and desist notice, the division may file a proceeding in the
196 name of the state seeking the issuance of an injunction or a
197 writ of mandamus against any person who violates any provision
198 of the notice. If the department is required to seek enforcement
199 of the notice for a penalty pursuant to s. 120.569, it is
200 entitled to collect its attorney fees and costs, together with
201 any cost of collection.
202 Section 6. The Legislature does not intend for the
203 application of this act to supersede any current or future
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The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) •
Meetimg Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
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Address llAJri *
Street
Phone
City Email L
State Zip
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Waive Speaking: In Support [ Against
(The Chair will read this information into the record.)
! '
Representing
Appearing at request of Chair: [Uves Qno Lobbyist registered witlrlegislature I I Yes wr
"Ming to speak to be bear at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as ossible can be heard.
This form is part of the public record for this meetina.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
<?£¦ ({ )[*
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name -MtK£ fAllU P
Job Title Kll
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Speaking: V For Against Information Waive Speaking:
In Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Qves No Lobbyist registered with Legislature: | [yes s/ No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 MO/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Q-11*1*2520 J/C
eeting Date Bill Numb r (if applicable)
Topic _ Amendment Barcode (if applicable)
Name P1 A-e,f)L . YY JZ/2/l mPi c Jr
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(The Chair will reala this information into the record.)
Representing fo i>l fs/ o p- js
Appearing at request of Chair: C Yes 0 No Lobbyist registered with Legislature: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetina. o nr /h n/H a i a\
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address
Speaking: Waive Speaking: O In Support I I A ainst
(The Chair will read this information into the record.)
'3ap - fjjMdt
Representing
Appearing at request of Cha Lobbyist registered with Legislature: | 1 Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetina. o nrn /-i n/H a m a\
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
LAf,
f eeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
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Name
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Representri
Appearing at request of Chair: Oves [ No Lobbyist registered with Legislature: I I Yes 0No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
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Meeting Date Bill Number (if applicable)
Amendment Barcode (if applicable)
Name {\fif
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Representing
Appearing at request of Chair: Yes f lNo Lobbyist registered with Legislature: AAI Yes f -No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
> V r~* , (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
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Meeting Date Bill Number (if applicable)
Topic 0 t Amendment Barcode (if applicable)
Name -
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(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
cSJ //
Meeting Date Bill Number (if applicable)
Topic \f c Amendment Barcode (if applicable)
Name / y/S < f~(
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(The Chair will read this information into the record.)
Representing k Pcg
Appearing at request of Chair: Lobbyist registered with Legislature: Q Yes
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
oil ii jbo
Me ting Date Bill Number (if applicable)
Topic \j (A CCL- -i ( bL 1 -S Amendment Barcode (if applicable)
Name ) P (X n j!u 1 £
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(The Chair will read this information into the record.)
Representing l/ V\ Q AJ.
Appearing at request of Chair: O Yes No Lobbyist registered with Legislature: Yes O No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
2/ (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
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Meeting Date Bill Number (if applicable)
Topic . --- / r »• » Amendment Barcode (if applicable)
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(The Chair will read this information into the record.)
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Representing t ' § 7
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: O Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic -t: D > > v: •; *. Amendment Barcode (if applicable)
Name r - > o T€
Job Title , d -r
Address 17 • L Mu i -i p A Phone ?
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(The Chair will read this information into the record.)
Representing -4-tj g *
Appearing at request of Chair: j Yes No Lobbyist registered with Legislature: Q Yes ( 3No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
') j | | '
. APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) |f j ?
Meeting Date Bill Number (if applicable)
Topic or Tee i m, Ke t/i'TO s Amendment Barcode (if applicable)
Name P l i \r\ j \ O ~ R Q U r [\g.
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Speaking: Q For U3 Against I I Information Waive Speaking: O In Support Px] Against
(The Chair will read this information into the record.)
Representing ha-
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes [ ] No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
? A, O
Meeting Date Bill Number (if applicable)
Topic - Amendment Barcode (if applicable)
Name i , , -
Job Title
Address Phone
Street
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City State Zip '
Speaking: Q For [ Against | | Information Waive Speaking: [xj In Support | | Against
(The Chair will read flmJnformation into the record.)
Representing 1 \ . 1 .
Appearing at request of Chair: Q Yes Q No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email
City State Zip
] I I
For I | Against | | Information Waive Speaking: CZI In Support 1 1 A ainst
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: [ I Yes EH No Lobbyist registered with Legislature: I I Yes .[~~Ino
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic !.!/„¦ [ Amendment Barcode (if applicable)
Name I i ji IL,
LJi hy
Job Title
Address Phone - ~ •• ¦
Street
1 Email .
City State Zip t . .
Speaking: O For [ ] Against | | Information Waive Speaking: ln Support [ | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: [ ] Yes Q No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Q.-11
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name ( QS
Job Title Qi n &
Address
Street
J1 Phone ' ] (
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Zip
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Speaking: Q For r Agatrtst | | Information Waive Speaking: In Support I Against'
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes Lobbyist registered with Legislature: [k YesJ TNo
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The F orida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
? fZ
Meeting Date Bill Number (if applicable)
1 1
Topic / : Amendment Barcode (if applicable)
Name I f L_ J
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Speaking: Q For f Against [ nformation Waive Speaking: ] In Support | [Against
(The Chair will read this information into the record.)
/
** /
Representing
/ 11 1 1 ~ 1 I 1 1
Appearing at request of Chair: | | Yes -j'lsio Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARA CE RECORD
62 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) - x
Bill Number (if applicable)
Topic UvV \S Amendment Barcode (if applicable)
Name
Job Title
Address Y2 > 1 k odoK Phone Zt- I $3
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Z 2<!{0& Email
City | state Zip
Speaking: 1 [For Against [~|Information Waive Speaking: In Support 5 Against
(The Chair will read this information into the record.)
Representing Oi >
Appearing at request of Chair: E vesBIno Lobb ist registered with Legislature: CZ|Yes fX NIo
While it is a Senate tradition to encourage ublic testimony, time may not permit alt persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic D & Amendment Barcode (if applicable)
Name /AJ h e/u
Job Title < > (AfA p L
Address Sl> 8 AJ /Ped so J / ! Phone /A £%0, o//&
Street
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Speaking: Q For [ Against | | Information Waive Speaking: Q In Support Against
(The Chair will read this information into the record.)
Representing F o/f /
Appearing at request of Chair: Q Yes Q-fJo Lobbyist registered with Legislature: Q Yes I no
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
t//
Meeting Date Bill Number (if applicable)
Topic ?£fA/m.5 Amendment Barcode (if applicable)
'j y,vi : Z..K (Y\ > T WAr O
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For } M A ainst | | Information Waive Speaking: 1 1 In Support 1 1 A ainst
(The Chair will read this information into the record.)
Representing ZjT1 F B Ct
Appearing at request of Chair: Q Yes 0 No Lobbyist registered with Legislature: O Yes [T No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thlc fnrrn ic Itstt-f rxf tha n hlif* rar*r\rr4 r thie* mnr +lr n
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
cP hil o
Meeting Date Bill Number (if applicable)
Topic \f jQ- few Amendment Bamode (if applicable)
Name
Job Title
Address A A I i_
ryt Q)f\ Phone 9 ??
Street
/At! SZfJ Email .
City State Zip Or
Speaking: Q Fo Against Q Information Waive Speaking: Q In Support Against
(The Chair will read this information into the record.)
Representing i'D u/ - AeA
Appearing at request of Chair: I I YesH> ] No Lobbyist registered with Legislature: I I Yes( 3Jslo
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email_
City State Zip
Speaking: Q For R Against Information Waive Speaking: Q In Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes Lobbyist registered with Legislature: Q Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
A
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email
City \ State Zip
v
Speaking: Q For ~lAgainst | | Information Waive Speaking: Q In Support Q Against
(The Chair will read this information into the record.)
Representing
xA
Appearing at request of Chair: Q Yes PSNo Lobbyist registered with Legislature:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
A/A* (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
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Bill Number (if applicable)
fpeetingDate
Topic rtAb Amendment Barcode (if applicable)
Name
Job Title MV WAAMfi od % hM> ~ -b
Address *0~0 CPfLftf 6 /) \/u Phone
Street
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City State Zip 0 cl C| i
Speaking: O For Q Against | | Information Waive Speaking: Q In Support I I Against
(The Chair will read this information into tne record.)
Representing lTf Of f Ub tfi f tf lfe
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes J no
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
V
Meeting Date Bill Number (if applicable)
Topic
A * „ - J
f t j t 1 Vf n/ A TA Amendment Barcode (if applicable)
Name A/)C Ct (' " -/
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Speaking: For Q Against | | Information Waive Speaking: Q In Support fv Against
(The Chair will read this information into the record.)
Representing lA /4
Appearing at request of Chair: Q Yes No Lobbyist registered with Legislature: Q Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
Speaking: O For O Against | | Information Waive Speakinj | lf rSupport [71 Against
(The Chair will reg hi lnformation into the record.)
Representing
Appearing at request of Chair: Q Yegj H No Lobbyist registered with Legislature: Q Yes ® No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
% \ / 02« Deliver B0TH C0Pies °f this form to the Senator or Senate Professional Staff conducting the meeting)
l\2f
Meeting Date Bill Number (if applicable)
Topic f Amendment Barcode (if applicable)
Name
Job Title C
Address c\ T r5 Phone
Street
rXi ev-Ai 3(Ft Email-j A C SauJ
City State
Speaking: I I For Against | | Information Waive Speaking: [~ In Support Against
(The Chair will read this information into the record.)
Representing r f r.iTlff -
Appearing at request of Chair: Yes f ljslo Lobbyist registered with Legislature: | Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting).
'eetmg Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address V Cr Phone
Street
- / 3 2j > Email
City State Zip
Speaking: C For [ Against | | Information Waive Speaking: Q In Support gainst
(The Chair will read this information intolhe record.)
Representing f7cr - 64
Appearing at request of Chair: Q Yes No Lobbyist registered with Legislature: Q Yes l No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
'L
Topic < ¦ { rt ' } ,* ~~ X , jr A
Amendment Barcode (if applicable)
Name
/ 1
Job Title 4- l- ¦*«Xl
t Jt 1/
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*
Address * - Phone
Street
~ >. i
f Email //
City State Zip
Speaking: Q For Q Against | | Information Waive Speaking: Q In Support Against
(The Chair will read this information into the record.)
j /
Representing i it y l , S . C 'l
Appearing at request of Chair: Yes ~\ No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
a (
Meeting Date Bill Mumper (if applicable)
[(/- (!> 10 i (
Topic Amendment Barcode (if applicable)
Name oai
Job Title (YlAi O 7/ Pf
Address FAf/l Ai cs Phone If S~WS X
Street
tsSArczn J 3 2-T 7 Email
City State Zip
Speaking: [7] For [ Against | | Information Waive Speaking: Q In Support Against
(The Chair will read this information into the record.)
Representing /7T A Ac T g
Appearing at request of Chair: Yes . I No Lobbyist registered with Legislature: O Yes f No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
\\ 2 0
I Meeting Date Bill Number (if applicable)
Topic hhxZJc Amendment Barcode (if applicable)
Name l CM PX \ jVt€?t- '
Job Title KA /y r iZ .
Address 121 Phone 77 i l-f
Street
C/fy
T VY2-»r n
State Zip
Email .
Fo nsi Fion Waive Speaking: In Support Against
(The Chair will read this information into therecord.)
Representing C, I
Appearing at request of Chair: Yes I lNo Lobbyist registered with Legislature: O Yes ® No
Ki/
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
jj (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) // ?
Meeting Date
Bill Number (if applicable)
Topic hort I e Amendment Barcode (if applicable)
Name Ji l So
Job Title / ] Ci i)
Address / i Phone 772 ( 7 S
Street
fo P t f 3 y Email t ttel$< t 0 L ( '"» ,
City state Z/p
Speaking: [_ For Against | | Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing Ca us s f / (3 (sf' f sj-P cr
Appearing at request of Chair: O Yes [ No Lobbyist registered with Legislature: No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fnrm e no 1# f thes mihli**
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
/I) JQ 61
Meeting Date Bill Number (if applicable)
Amendment Barcode (if applicable)
Name (y/iU
Job Title iJ 1 iA
(j
Address ) >n(JT\~ Phone
Street
</ Email
City State Zip
Speaking: Q For Q Against | | Information Waive Speaking: Q In Support figainst
(The Chair will read this information into the record.)
Representing I Ol/ b 4(AJ- 6> i Xj iyU
Appearing at request of Chair: | | Yes V~Xv > i Lobbyist registered with Legislature: I I Yes F Tno
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Sen te
..nfi APPEARA CE RECORD
/l (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Sb IIX$
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name / n o.
Job Title
Address Phone &H?Q
F~L 96 Email o(Leori
City State 1Zip
Speaking:. [ | For J gaifist I I Information Waive Speaking: In Support BAgainst
(The Chair will read this information into the record.)
Representing ffi ior (U&L& ft,.
Appearing at request of Chair: Q Yes No Lobbyist registered with Legislature: Q
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
5// f /lSr
Mg Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone /-53 L/
Street
Email
City State Zip
Speaking: For Q Against | | Information Waive Speaking: Q In Support [ Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes S No Lobbyist registered with Legislature: O Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARA CE RECORD
II 10 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
I -
Meeting Date Bill Number (if applicable)
Topic Tt-. I|a# Amendment Barcode (if applicable)
Name
Job Title HvliMod
Address
Street
) Phone
i
Email_ TMarie
City State Zip
Speaking: Q For gainst Q Information Waive Speaking: Q In Support f Against
(The Chair will read this information intgnM record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: O Yes K/rNo
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit thejr remarks so that as many persons as possible can be heard.
Th ic* ie r n -f hs r i a \IS+ * * *%. *\ v+J -f+s.* 4'i>%S++ *± *. :
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic j2 77 <> Amendment Barcode (if applicable)
Name j
Job Title
Address {Z/ri $Lw) Phone
Street Z7 1
Alo&rtrl- H)&r ft Email
City
ity State
State Zip
Speaking: Q For A nst Q Information Waive Speaking: O In Support [Xj Against
(The Chair will read this information into tne record.)
Representing
Appearing at request of Chair: |~| Yes Lobbyist registered with Legislature: | Yes [ No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
9 l/~ 2 3
Meeting Date
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
//
Bill Number (if
(if applicable)
Topic 7 7 Amendment Barcode (if applicable)
Job Title
Address S CCcA j rst(L Phone D ?
Street
ft 3my Email ? #? /€ ,
City State Zip r /
Speaking: Against Q Information Waive Speaking: Q In Support [ Against
(The Chair will read this information into the record.)
Representing O rtVo
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes 3 No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This fnrm is narf nf tha nnhlin raarirri fr r +h!c maa+inn
The Florida Senate
APPEARANCE RECORD
j j (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) |
Meeting Date Bill Number (if applicable)
topic c >VyAr ~Tenn en Amendment Barcode (if applicable)
Name {AS61H F nsi o
Job Title Cr ConmiSSil er
,c
Address Phone 7
Street
D lCIq Email oer cfi cr> l l
City State Zip
Speaking: For it Q Information Waive Speaking: | | In Sup ort [ i Against
(The Chair will read this informhtion.into the record
Representing Ownhnd Beach
Appearing at request of Chair: Lobbyist registered with Legislature:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fnrm ic nart rtf tho nnhli ramrr! ir+hic maa+inn
The Florida Senate
APPEARANCE RECORD
' (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
11 '
Meeting Date Bill Number (if applicable)
Topic (/ I Amendment Barcode (if applicable)
Name J u t({K i'm y
Job Title Ct J A, / ' 'h <3
Address I , A\.6i ia. 1>4 Phone f-«ra
Street
l/C?C?l
/cr/
K. Set
y- 1 L Email /jr /A,:(tj|lv y t
City State Zip C
Speaking: | | For I | Information Waive Speaking:
vv«ivv ly. | | i Q In wi
vju Support
11 < i Against
(The Chair will read this information mto the record.)
V'--
Representing '
Y- (A, l C. I
Appearing at request of Chair: Yes f o Lobbyist registered with Legislature: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
TAl/c* fnrm ic narf 4-ha mi lia raanrrJ -far- 4- Ia nrtr\r\4-!
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
?
Name
Job Title ( i Cw
Address ?!*/ fTfl V Phon
Strep 'fl ,
City / /
?
State Zip
Speaking: Q For M Against | | Information Waive Speaking: In Support Against
(The Chair will read this information intdlhe record.)
Representing
Appearing at request of Chair: Yes [ No Lobbyist registered with Legislature: [ ] Yes No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form i ns f of the* n hli
The Florida Senate
APPEARANCE RECORD
/7 // A (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) _ , „ C~x
ex-// ato jr Y
Meeting Date /.
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name an
Job Title
Address Phone 7 /
Street10 7
v j <g-fL- Email OtF:''.
City State Z/p ' aCK'V
Speaking: Q For Against | | Information Waive Speaking: Q In Support [ Against
(The Chair will read this information into the record.)
Representing F LF? JDt>aTof /fie ber
Appearing at request of Chair: O Yes 0 No Lobbyist registered with Legislature: Yes o
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fr rm ic ns»rt nf +ha r\ii lir' rr\r'r rrJ fnr th e msxn+ir*.
The Florida Senate
APPEARANCE RECORD
1/ -) (Deliver B0TH c°Pies of th's form to the Senator or Senate Professional Staff conducting the meeting)
S'/J U2&
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name ( - (.7 ! //
Job Title //4 lZ*-c, £, / /E}
/
<} 7 -y:
Address & > € # e« e 7)/ , J2og i 'jy-7-7-7 ~ dis/
Street
j
7W - Email
City State Zip
Speaking: [ ] For [Against | | Information Waive Speaking: In Support [ Against
(The Chair will read this information into the record.)
Representing j 0 -i /
Appearing at request of Chair: jjF] Yes No Lobbyist registered with Legislature: O Yes 7} No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this m etina
The Florida Senate
APPEARANCE RECORD
2 0 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Amendment Barcode (if applicable)
-56 - - z/ 7-
Phone C ,
Email ] CoAJ J C ! « or
City / state
Speaking: Q For [ Against | | Information Waive Speaking: | | In Support J f gainst
(The Chair will read this information into the record.)
Representing _ - jL-enfJ
Appearing at request of Chair: Yes [ fNo Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all ersons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is Dart of the oubiic r cord for this m&atinn
The Florida Senate
APPEARANCE RECORD
ihibo WeetinaiDate "
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address CHO 1 Phone
City Smte
Speaking: Q For gainst Q Information Waive Speaking: [~| In Support Against
(The Chair will read this information intoVie record.)
Representing rrttv rVe.
Appearing at request of Chair: Q Yes FK No Lobbyist registered with Legislature: FZ] Yes j j fNo
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is oart of the n hlin rornrH fnr fhic maaHnn
The Florida Senate
APPEARANCE RECORD
_ I) X (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) n
" IS 11 2,9
Meeting Date Bill Number (if applicable)
Topic _ Amendment Barcode (if applicable)
Name_ r fT VTwP OVO
Job Title C-6VW/Xw\sP AAy).ex?, C>' ML
Address M0\ V. Phone lln-'SD
Street
7 ~x> z> o 7 Emaibb<Q gl
City \J~ State Zip
Speaking: Q For ] Against | | Information Waive Speaking: Q In Support Against
(The Chair will read this information into the'record.)
Representing ix\ - - vy o i
/
Appearing at request of Chair: Yes iMNo Lobbyist registered with Legislature: YesNj No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fnrm /c narf f tha nu lir' rar-nrr fr\r thiey mesn+;.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
B rNumber (if applicable)
T°pic Amendment Barcode (if applicable)
Name Sl ic j-C l . /
Job Title 1 A/\ Oc
Address /O/ JZ H) // 5r, Phone73 ? 9')?-pZ
Street /\
Email j
City v Sfate Zip
Speaking: Q For Against Q Information Waive Speaking: In Support Against K
(The Chair will read this information it g the rc
record.)
nr ) J J
Representing CTt ot~ Qy [r/b
Appearing at request of Chair: Yes Lobbyist registered with Legislature: Q Yes [ ] No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thicz frirm 1 r\ r+ r\-f -thrs r%iihlS * mn w+J f* * +1 ! +
The Florida Senate
APPEARA CE RECORD
< (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
a vitj
Bill Number (if applicable)
IXi "Thid
Topic I B Amendment Barcode (if applicable)
Name
Job Title f AiU QXbJQii C,(M
Address Phone
Street
01
Email (fs , co
City state Zip
Speaking: Q For [S gainst | | Information Waive Speaking: Q In Suppoft Against
(The Chair will read this information into the record.)
SI
Representing
Appearing at request of Chair: Yes L jJ No Lobbyist registered with Legislature: Q Yes [M] No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic: fnrm /c nart nf tha n hlif* rar'r\rr r !e* maa+Snn
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
//
Meeting Date Bill Number (if applicable)
.
Amendment Barcode (if applicable)
j7 7 '/}€ if
Name (A /
Job Title
Address Phone
Street
r/i Email i ; • *
Clitu / 7// .
Speaking: For Q Against I I Information Waive Speaking: In Support FfTAgainst
(The Chair will read this information into the record.)
/ - /
Representing
• , , O /
Appearing at request of Chair: Yes n
No Lobbyist registered with Legislature: es VNo
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fr\r /e r ar+ +ha n hlir* t St*.
The Florida Sen te
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone _ _
Street
'
Email •
City State Zip
Speaking: Q For t Q Information Waive Speaking: f~| In Support Q Against )
(The Chair will read this infor ation into the r cord.)
Representing
Appearing at request of Chair: [_J Yes [2] No Lobbyist registered with Legislature: Q Yes [~] No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is oart of the nublic record for this meotinn
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date B/V/ Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title ...J
Address Phone /
Street
Email
City State Zip
Speaking: For f sgst Information Waive Speaking: In Support I [Against )
(The Chair will read this informati , into the record)
Representing
Appearing at request of Chair: Yes Q No Lobbyist registered with Legislature: Yes rn No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is oart of the nnhli ra nrH fnr this mna+'mr*
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
leeti g Date
P /IZ-g
Bill Number (if applicable)
Topic W- Amendment Barcode (if applicable)
Name Cx> C-V* > l
Job Title cO V
Address i>7 iJt C Phone / /%& o
Street
£ «-c Jl2- -30 Email CNtcrfoLS ( m h . ot
City state Zip
Speaking: Q For ( Against Q Information Waive Speaking: O In Support [ Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes Qj No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form i oart nftha mihlir rornr fnr +h!c maa+Snn
The Florida Senate
APPEARANCE RECORD
21 j 2_q (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) 63 11 2
Meeting Date Bill Number (if applicable)
Topic V tXf Oc-h O t Amendment Barcode (if applicable)
Name Sctr -£ T.
Job Title O t d 11 ~ (XC(CS orw 111 Sg- .
Address i 2 Q 3 H V ft, » Phone 33 S o\
Street
3 2 2- o EmaiI \ . g j
City state Zip
Speaking: CZ] P r CZ Against | | Information Waive Speaking: O In Support | t| Against
(The Chair will read this information into the record.)
Representing cJ oTwH 't g uc .
Appearing at request of Chair: lU Yes 'w~\ No Lobbyist registered with Legislature: Z Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do spea may be asked to limit their remarks so that as many persons as possible can be heard.
This form is nart of the Dublin r nrH fnr thic moatinn
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
//fee
Meeting Date Bill Number (if applicable)
1 opic Q /vcm Y / 6ty7. / - Amendment Barcode (if applicable)
Name <J w iv
Job Title / toyr fO H f 814IJ(a) )yj
Address /& Os a Phone
Street
2tJ/ Email
City State Zip
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing ¦ O I ) ( f
Appearing at request of Chair: Yes | | No Lobbyist registered with Legislature: Q Yes [\yf No
/
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This fnrm i nart nf the* n hlir ro nr fr\r thic maa+inn
The Florida Sen te
APPEARA CE RECORD
- / (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
r\
Email
City state Zip
\\
Speaking: lJ For [ Against | | Informa ion Waive Speaking: [ ] In Support | Against
(The Chair will read this information intothexrecord.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes Q No
r\\
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is Dart of the nublic rennrH fnr this maotinn
The Florida Senate
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
/h <5
Meeting Date
Bill Number (if applicable)
Topic Amf nrlmonl / f >
i u afjfjin,auityj
Name . ;
/
/ h' / \ f \ / / 1 \\ f'\
Job Title
' ¦ ", . ;- - <
Address Phone
Street
Email . .
City State Zip . - ~
Speaking: For Against I I Information Waive Speaking: I I In Support [ j Against
(The Chair will read this information into the record.)
Representing ___
Appearing at request of Chair: Q Yes Jo LL
Lobbyist registered with Legislature: Q Yes f Cl No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for thi meetinn
The Florida Senate
APPEARANCE RECORD
~ / J (Deliver B0TH copies of this form t0 the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
' Bill Number (if applicable)
Amendment Barcode (if applicable)
3ZEtSr J
Job Title "W M 5
Address Phone
Str et
n<
Email
City State
Speaking. EZ] For EZI Against EZI Information Waive Speaking: | | In Support | fAgainst
The Chair will read this information into the record.)
Representing
Appearing at request of Chair: fj Yes Lobbyist registered with Legislature: Q Yes E0No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetina.
The Florida Senate
APPEARANCE RECORD
ljI
1/ $
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic s
Amendment Barcode (if applicable)
Name O t Z.
Job Title (' of kii e t C
Address 2jD& ' frftrhO Phone
Street
llCJB \/j UL- pL 3 Email l g6W-4£rZt-fr ic£Viu.c~ i:
C ty State Zip
Speaking: For Against information Waive Speaking: | 1 In Support / Against
(The Chair will read this information intinfte record.)
Representing
Appearing at request of Chair: Q Yes jJ o Lobbyist registered with Legislature: Q Yes j No
mnlnn iST enco e Public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetina.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
/ Me ting Date
Bill Number (if applicable)
Topic ,C) )c/i Itrm Amendment Bamode (if applicable)
Name /okr\pf CL i vt
)
Job Title ( ,n yyi 'fri) fyi'j)
Address 7 all A/)/ Phone 1(p
Phri~ EL Email \l rxXCf3 ip p j f fg\C t f
City State Zip
Speaking: Q For Q Information Waive Speaking: Q In Support [ Against
(The Chair will read this information intotnS'record.)
Representing (Lit-y P lbf i fef - xA
Appearing at request of Chair: O Yes [21 No Lobbyist registered with Legislature: Q Yes [ No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is Dart of the oublic r cord for this mootinn
The Florida Senate
APPEARANCE RECORD \ j >
£?
tD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
//<v //Jtlf ott
/ Meding Date
Bill Numbpf (if applicable)
Topic 0 '/£7?_Af /fezJ K S. Amendment Barcode (if applicable)
Name l//-Ct-kiJr-
Job Title V/C
Address £rZ <?/e ) / Phone
Street
Email
City State Zip
Speaking: Q For gainst Q Information Waive Speaking: Q In Suppor Against
(The Chair will read this information inkf the recojx
Representing (2/7~y ¦ A/ojzt/z E&sel
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes gg No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is oart of the oublic record for thic moatinn
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1 Me ting Date
Bill Number (if applicable)
Topic VSfa pO fqkk Amendment Barcode (if applicable)
Name
Job Title
Address
Street
Phone
Email
Cify State Zip
Speaking: For Against information Waive Speaking: j3ln Support Against
(The Chair will reacfthis information into the record.)
Representing j\[r r)b
Appearing at request of Chair: Yes O No Lobbyist registered with Legislature: Yes No
W ie it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
Address
Phone
Street
Email
®ty state Zip
Speaking: For O Against | | Information Waive Speaking: J_j n Support [ | Against
(The Chair will rea this information into the record.)
Representing
Appearing at request of Chair: Yes [~] No Lobbyist registered with Legislature: J><1 Yes I I No
i
U j ?,f s ,Senat? fr d f on encourage public testimony, time may not ermit all persons wishing to s eak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/11/20 SB 1128
Meeting Date Bill Number (if applicable)
Topic Vacation Rentals
Amendment Barcode (if applicable)
Name Lo9an Padgett
Job Title Director of Communications and Public Affaris
Address 100 N Duval Street phone 850-386-3131
Street : ' ' ' '
Tallahassee FL 32301 Emaj| lpadgett@jamesmadison.org
City state Zip ~
Speaking: For l [Against [ [ Information Waive Speaking: 0 In Support l I Against
(The Chair will read this information into the record.)
Representing The James Madison Institute
Appearing at request of Chair: Yes No Lobbyist egistered with Legislature: FI Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
me ting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
11
Bill Number (if applicable)
Topic (/.«.> K Amendment Barcode (if applicable)
Name Tkr .
Job Title
Address j ) ~ Phone
Street
7U- Email
City State Zip
Speaking: O For [ Against | | Information Waive Speaking: | | In Support Kj Against
(The Chair will read this information into the record.)
Representing x i yk
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
! UI Da }
Meeting Date llA&
Bill Number (if applicable)
s
Topic /< »4
Amendment Barcode (if applicable)
Name lla t- U ,
f .
Job Title
Address lc?y j n
Street Phone
Tlk
City State
i Email
Zip
Speaking: For Against | | Information
Waive Speaking:
_ In Support
Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No
Lobbyist registered with Legislature: £1 Yes Q No
meeting. Those who do af this
This form is nart nf tho rw, »
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
. Me ting Date
hlf
Bill Number (if applicable)
Topic !<LaL Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email
City State Zip
Speaking: For Against Information Waive Speaking: | | In Support Against
(The Chair will read this information into the record.)
Representing - Ipyf*
Appearing at request of Chair: Q Yes Q No Lobbyist registered with Legislature: Q Yes Q No
While it is a Senate tradition to encourage ublic testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
appearance record
(Dehver BOTH copies of this form ,o the Senator or Senate Professional Staff conducting the meeting)
Meeting Date 1L
Bill Number (if applicable)
Topic \l f fi-lfo vf .lc
Amendment Barcode (if applicable)
Name M 0, X \1 V Cp
Job Title
Address 2& \ hktf . | Co
Street ' Phone ,qbl -O 1
i
City \ Email_yvd~Q.[tg-(g>,Qy| ri( [ol
State
Speaking: nFor Against information o
Waive Speaking. Q m Support Against
(The Chair will read this information into the record.)
Representing 1 At <a a El vcr il4
ppearmg at request of Chair. Yes I No Lobbyist registered with Legislature:jC Yes |' | No
meetin9 Th° o do speak
This form is nart nf tho
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
1 . /
Topic / Amendment Barcode (if applicabl )
Name * i \
.
!
Job Title !
•
Address 4 . % 1i Phone
Street
,/ /
i / i/ •: (..
E ail
City State Zip
Speaking: [7]For Against 1 Information Waive Speaking: InSupport | Against
h (The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes / fio Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Duplicate
The Florida Senate
APPEARANCE RECORD
7 _ j I (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting) j j D
Meeting Date Bill Number (if applicable)
Topic \/C ? ibJ ) 1 3 Amendment Barcode (if applicable)
Name JESS MCCARTY
Job Title ASSISTANT COUNTY ATTORNEY
Address 111 NW 1ST STREET, SUITE 2810 Phone 305-979-7110
Street
MIAMI FL 33128 R ih3M 2@ t MIDAD,E.GOV
City State
Speaking: [ I For OAgainst I [information Waive Speaking: In Support |_U Against
777?e Chair will read this information into the record.)
Representin MIAMI-DADE COUNTY
Appearing at request of Chair: OvesIZl No Lobbyist registered with Legislature: [/I Yes I I No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
D plicate
The Florida Senate
APPE RANCE ECOR
| (Del'Ver BOTH COp'eS °f this form t0 the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name _ fxr f
Job Title
Address T ir Phone
Street S
j vyrxs l 3 ? Email
City State Zip
Speaking: ( For ) Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature; Yes No
While it is a Senate tradition to ncourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. s 001
Duplicate
The Florida Senate
APPEARANCE RECORD
ill (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
-
Topic Amendment Barcode (if applicable)
Name i /• t H? < j'f? V - T
Job Title
Address ¦? > c -- Ai7 pr. Phone (A ls hi
Street /
PL A. (• /
City State Zip Cf
Speaking: For 1 I Against 1 1 Information Waive Speaking: In Support I I A ainst
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Oves • No Lobbyist registered with Legislature: C vesl No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetinn
The Florida Senate
APPEARANCE RECORD
02/11/2020 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic Vacation Rer|tals
Amendment Barcode (if applicable)
Name aral1 °sell' Neves
Job Title
Address 6110 0lden Dewdrop Trail
Phone
Street
Windermere FL 34786 Emajl sarah.b.neves@icloud.com
City State Zip
Speaking: n/ For | | Against Information I1
In Support I I Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: l Ives No Lobbyist registered with Legislature: l lYes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
his fnrm i narf rtf fho mihlir* rar+nrr fnr thief mt±e\ if*m
The Florida Senate
APPEARA CE RECORD
y/
Meeting Date
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
/
Job Title
I 1
Address Phone
Street
Email
City State Zin
Speaking: For \ \ Against ' Information Waive Speaking: [ 1 In Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes F TJo Lobbyist registered with Legislature: Q Yes No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florid Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
r , f
Topic
Amendment Barcode (if applicable)
: , )-
Name -t f - ) : /- -
Job Title / r
~r
' ; r~ x : =
Address
c.
Street
Phone 5 i 1
» r
City
Email
State Zip
Speaking: OFor | [Against F7IInformation Waive Speaking: In Support Against
(The Chair will read this information into the record.)
"
Representing k * i
V
Appearing at request of Chair: Yes No
Lobbyist registere with Legislature: Yes s No
. - may not
time. ™y not.Permit *» * to spea to e hear at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/11/2020 1128
Meeting Date Bill Number (if applicable)
Topic Short Term Vacation Rental Amendment Barcode (if applicable)
Name M c(4A S ht£rlLj f
Job Title Homeowner
Address l -f ( P < - V7 Phone C)oLi #79- 00 37
Street
ktiMMs iL Email !I ft C
City State Zip
Speaking: For I 1 A ainst 1 1 Information Waive Speaking: I I In Su ort I 1 A ainst
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: I I Yes No Lobbyist registered with Legislature: I I Yes [ l No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
02/11/2020 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1128
Meeting Date
Bill Number (if applicable)
Vacation Rentals
Topic Amendment Barcode (if applicable)
Name Rafael Graciano Baldez Neves
Job Title Government Affairs Chair
Address 7330 Exchange Dr. - #10 Phone (4Q7> 496-9834
Street
Orlando FL 32809 Emaj( Rafael.neves@glasstonegroup
City State Zip
I I |
Speaking: L jFor | [Against I [information Waive Speaking: In Support l I Against
(The Chair will read this information into the record.)
Representing F,orida Vacation Rental Management Association
Appearing at request of Chair: Oves 0No Lobbyist registered with Legislature: { ves 0No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
, APPEARANCE RECORD
Z-/U Zb-i (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
_S'0,r
Bill Number (if applicable)
1 u iu \) v (fr Amendment Barcode (if applicable)
Name s'Vh rT \
Job Titlei '\f iAAt lA fr/
Address H&d S' dX)f Hi r k /r \ Phone
Street U /
City
Pl_. EmailS ) ck II (w- £ ufkle 'X
State 7
7in in 1
Speaking: Q For P Against | | Information Waive Speaking: 1 | In Support 1 1 Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes ] No Lobbyist registered with Legislature: Yes Q No
Whiie it Isa Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The F orida Senate
APPEARANCE RECORD
Styl/
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting
Bill Number (if applicable)
Topic l/ft-CA ¦/><?/) Amendment Barcode (if applicable)
Name
Job Title r r ,-, <£) ( <Z f
Address 1/ 4 l2o<\, Phone
Street ~ I
pr J 306£ Email
mtw
City v
vuv t State Zip
Speaking: Q For [ .Against I I Information Waive Speaking: fH In Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes RTNo Lobbyist registered with Legislature: Yes {2 No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
appearance record
i / L® (De ver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic " t ?
j - Amendment Barcode (if applicable)
Name -1 - ¦ a j
Job Title ' , - .
\ i
'
A ress * , } i\. v,* ij % Phone
Street
2 - L r_J 2V . V c
City Email
State zip
Speaking: For [Q Against I I Information
Wai e Sp Wng: In Support Against
(The Chair will read this information into the record.)
Representing 5" ' c
Appearing at request of Chair: Q Yes [ 1N0
Lobbyist registered with Legislature: Q Yes No
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
leeting Date ill Number (if applicable)
Topic
//i Cr y / IVJ
Amendment Barcode (if applicable)
Name / o
Job Title if-
Address /cu r//(> ?nr Phone
Street /
Email
City State Zip
Speaking: Q For Q Xgainst Q Information Waive Speaking: In Support | | Against
(The Chair will read this information into the record.)
Representing d / rr/o
Appearing at request of Chair: Yes ~\N Lobbyist registered with Legislature | | No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
j 111 ¦y j
Meeting Date Bill Number (if applicable)
Topic !{ rt • J Amendment Barcode (if applicable)
Name A u£ J 7
Job Title
Address , / I C Phone s ) ' '
Street
7 fkiif 1* / Email g .co
City State
Speaking: Against information Waive Speaking: Q In Support I I Against
(The Chair will read this information into the record.)
Representing ( > 'v- i_ f
Appearing at request of Chair: Q Yes ~ Mo Lobbyist registered with Legislature: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
1173
Meeting Date Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name_
Job Title
Address _ b?t>y. 1757 Phone Tbf 15}
Street
TlM fL- Email
City State Zip
Speaking: Q For r AS
Against | | Information Waive Speaking: Q In Support | | Against
(The Chair will read this information into the record.)
Representing bC dm&
Appearing at request of Chair: O Yes | fNo Lobbyist registered with Legislature: [ yes O No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
leeting Date
Bill Number (if applicable)
Topic ¦
Amendment Barcode (if applicable)
Name
Job Title
Address Phone
Street
Email
City State Zip
Speaking: Q For Q Against | | Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing -
Appearing at request of Chair: O Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APP Ati mcg mQ@R&
31 U/Wo1 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
seting Date
Topic Amendment Barcode (if applicable)
Name ( ickax
Job Title (v /ju
Address _ / 3 (jJ> AA y\ &\~ Phone > a--7(7-saa/
Street
. Email_ < ) ipc&lav s.
v T State
Z
City
CJCK X
Speaking: ( For Against Information Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: Yes No
While it is a Senate tradition to encourage public testimony, time may not ermit ail persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
27///2 (De ver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
se
Meeting Date
Bill Number (if applicable)
Topic ViViATVM) j2&UTV 7
Amendment Barcode (if applicable)
Name
Job Title
A dress 1/ j THi/Zb <ST~.
Street Phone W~
ft 3 6 Email
City State Zip
Speaking: Q For Against | | Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing ip]
Appearing at request of Chair: I I Yes No Lobbyist registered with Legislature: Yes [ (1 No
™ "9S™ose ho oTP
T lI f tvi M a
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
l Mee ing Dafe
Bill Number (if applicable)
Topic 0 h In Amendment Barcode (if applicable)
Name jU nn
Job Title t l
SkA.
Address A
Jl/v» <r Pho e J/ cY j/n
Str et' L r
City ' State
3 Email fttlkp44lipPO lkmi
<MPj
Zip
Speaking: For [y Against I I Information Waive Speaking: |~] In Support Against
3 *
(The Chair will read this information into the record.)
Representing ?A At
0
ppeanng at request of Chair: L] Yes [ No lobbyist registered with Legislature: O Yes [V| No
/ n
Wh e it IS a Senate tradition to encourage public testimony, time may not permit all persons wishing to sneak to be heeiH at thi*
meeting. Those w o do spea may be asked to limit their remar s so that as many person! a posKaffce heard3
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
f 1 ,
Meeting Date
Bill Number (if applicable)
- • .'7 f
Topic
Amendment Barcode (if applicable)
Name 1 •
1 t. - s . 4 1
Job Title fO
* t N - *
Address *
Street Phone
/2(, V6 r
uty
Email
/ State Zip
Speaking: | | For Q Against Q Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing 1 | CJ'fi l 7 "
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: [ ]Yes No
f .
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOT copies of fills form to the Senator or Senate Professional Staff conducting the meeting)
02 11/2020 1128
Meeting Date Bill Number (if applicable)
Amendment Barcode (if applicable)
Name R iT A-
Job Title Homeowner
Address I \ Pd S- Phone_
Street
: Email g.o osL
Citv s in
Zip
I Information
Representing
Tpearing at request of Chair: Yes | J No Lobbyist registered
Lobbyist withwith
registered LegisU
Legislature: I I Yes No
hile it is a Senate tradition to encourage public testimony, tim may not permit all persons wishing to speak to b heard at this
eting. Those who do speak may be asked to limit their remarks so that as any persons as possible can be heard.
is form is part of the public record for this meeting. S-001 (10/14/14)
Duplicate
The Florida Senate
APPEARA CE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/11/2020 1128
Meeting Date Bill Number (if applicable)
Topic Short Term Vacation Rental
Amendment Ba code (if applicable)
Name
Job Title Homeowner
Address C e, - A Phone 3 77 ?y
Street
cS- A f- J 3 2,0 Email ~ L s>
City State Zip
i ? <5L
Speaking: For [ ] Against dJ Information In Support I (Against
(The C air will read this information into the record.)
Representing
Appearing at request of Chain Q Yes 0 No Lobbyist registered with Legislature: Q Yes 0 No
While it is a Senate tradition to encourage public testimony, time may not p rmit all persons wishing to speak to b heard at this
meeting. Those who o speak may be asked to limit their remarks so that as many persons as possibl can be heard.
This form is part of the public record for this m eting. S-001 (10/14(14)
Duplicate
he Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this farm to the Senator or Senate Professional Staff conducting the eeting)
02 11/2020 1128
Meeting Date B I Number (if applicable)
Topic Short Term Vacation Rental Amendment Barcode (if applicable)
Name
T7
Job Title Homeowner
A dress Phone
Email I 'o }k
City te Zip
Speaking: 0 For I I A ainst I I Information Waive Speaking: I lln Support l l A ainst
(The Chair will read this information into the r cord.)
Representing Self
Appearing at request of Chair: I I Yes No Lobbyist registered with Legislature: I l Yes (v l No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at thi
meeting. Those who do speak may be asked to li it their remarks so that as a y persons as possible can be heard.
This form is part of the public r cord for this meeting. S-001 (10/14/14)
Duplicate
T e Florida senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/11/2020
1128
Meeting Date
Bill Number (if applicable)
Topic Short Term Vacation Rental
Amendment Barcode (if applicable)
Name A MNfc W, V d -
Job Title Homeowner
Address09 S Phone OD]T-U3 0U l
Street
( dPpod W l UJ (qZ
-L_z o CJ / Email FAl iPAb V® O
City State Zip
Speaking: 0 For I i Against FI Information Waive Speaking: in Support 1 [Against
(The Chair will read this information into the ecord.)
Representing
Appearing at request of Chain 1 |Yes No Lobbyist registered with Legislature: 1 |Yes \*f\ No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at thi
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can e heard.
This form is part of the public record for this e ting.
S-001 (10/14/14)
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/11/2020 1128
Meeting Date
Bill Number (if applicable)
Topic Vacation Rentals
Amendment Barcode (if applicable)
Name Der<is Hanks
Job Title Executive Director
Address 7862 w lrl° Bronson Hwy, #305 Phone 4072010120
Street
Kissimmee FL 747 Email denis@fvrma.org
City State Zip '
Speaking: ~ For I I A ainst CD Information Waive Speaking: I I In Support I I A ainst
(The Chair will read this information into the record.)
Representing Florida vacation rental management association
Appearing at request of Chair: Yes0No Lobbyist registered with Legislature: Yes0No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the ublic record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to t e Senator or Senate Professional Staff con ucting the meeting)
02 11/2020 1128
Meeting Date Bill Number (if applicable)
Topic Short Term Vacation Rental Amendment Barcode (if applicable)
Name S uder
Job Title Homeowner
Address 33 'r
Street
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I
City State
Speaking: j/ For [ l Against | | information Waive Speaking: In Support l I Aoainst
(The Chair will read this informa ion into the record.)
Representing
Appearing at request of Chair: i Ives [3 No Lobbyist registered with Legislature: I Ives [3No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
T is form is part of the public record for this m eting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
i
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
'eetihg Date Bill Number (if applicable)
/ /
Amendment Barcode (if applicable)
v
Name
• /
Job Title
Address
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ity State
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( Se&f jr will read this information into me record.)
Representing t! ?
f) kj/
Appearing at request of Chair: y Yes [jH Nq Lobbyist registered with Legislature: No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
« :
Bill Number (if applicable)
Meetin Date
f Amendment Barcode (if applicable)
Topic
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Name a i
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Job Title / .4; ..
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Speaking: For as,*.. Information Waive Speaking: fffSupport I I Against
(The Chair will read this information into the record.)
/ ly
Representing
Lobbyist registered with Legislature: es No
Appearing at request of Chair: Yes
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to s ak to heard at this
S to limit their remarks so that as many persons as possibie can be heard.
S-001 (10/14/14)
This form is oart of the public record for this meeting.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
112.8
Meeting Date
Bill Number (if applicable)
Topic O H f Y\ (A \ Amendment Barcode (if applicable)
Name K i V
Job Title :
Address 10(\ £• St- A Phnnp850 50 & J0
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Speaking: For Against | | Information Waive Speaking: In Support | | Against
(The Chair will read this information into the record.)
Representing f't&ft V)0l As o i tion > CTPr
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: P Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
The lorida Senate
APPEARANCE record
e iver OTH cop,es of fhis form to the Senator or Senate Professional Staff cond cting the meeting)
Speaking: For Against
Representing
Appearing at request of Chair: Q Yes No
Lobbyist registered with Legislature: nves n0
This form is part of the public record for this meeting. can be heard.
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic Jogf/7-
Amendment Barcode (if applicable)
Name Q*ih(kQ. i(5~ L-A-nf
Job Title (A ofi-
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(The Cliair will read mis /
information into the record.)
Appearing at request of Chair: Yes Mno Lobbyist registered with Legislature: Yes No
This form is part of the public record for this meeting.
he Florida Senate
Meeting Date
5-g /i3l
ToP'C \_6hlM
Name ~S v\ A kp/i ri mendmentBarcode (if applicable)
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Job Title M (l J< r_C]
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Representing C/iy nf <pri Sjt .
Appearing at request of Chair: Q Yes Q No
Lobbyist registered with Legislature: res Q No
//?/7e/f/s a Senate,
meeting. Those who
> do speak may be sPeafc to /»
/ ea cf at this
TWs form /s pa of the public record for this meetina 38 66 heard
The Florida Senate
appearance RECORD
er BOTH cop,es of this form to the Senator or Senate Professional Staff conducting the meetin )
Meeting Date
U>t
Topic
Name UAt
i > Bill Number (if applicable)
Amendment Barcode (Fapplicabh)
Job Title V ( jt\hhA
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( e Chair will reagtteinformation into the record.)
Representing Cvtl/
'Appearing at request of Chair: 0 Yes £0 No
Lobbyist registered with Legislature: Yes f fiMo
This form is part of the public record for this meeting. P°™ns as poss.hie can he heard.
The Florida Senate
appearance record
e BOTH copies of th,s font, to the Senator or Senate Professional Staff cond cting the meeting)
2/i l/Zo
Me ting D&te
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Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
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Waive Speaking: In Support I lAaainst
( he Chair will read this information into the record.)
Representing t >e.>QA
Appearing at request of Chair: Q Yes Q No
Lobbyist registered with Legislature: [ Yes Q n0
The Florida Senate
appearance record
(Deliver BOTH copies of this orm ,he Senator or Senate Professional Staff conduct the meeting,
Meeting Date
Bill Number (if applicable)
ToP'c CU L
Amendment Barcode (if applicable)
Name -n
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(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes [ l No
Lobbyist registered with Legislature: Yes [ ]
meef/ng. Ttose 1 oto speak
This form is part of the public record for this meetinq.
The Florida Senate
D /r i / APPEARANCE record
BOTH copies of this form to t e Senator or Senate ProfesSional Slaff conducting the meeting)
Meetin Date ~
j .
Bj!!]£umber (if applicable)
Topic \/ 12
Amendment Barcode (if applicable)
Name K „ f
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Waive Speaking: K] In Support I lAaainct
(The C air will read Minformation inUe SZrdl
Representing
Appearing at request of Chair: Yes ,No
Lobbyist registered with Legislature: | | Yes | No
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This form is part of the public record for this meetina
The Florida Senate
appearance record
in'A (Deliver BOTH copies of* ,om ,o the Senator or Senate Professional Staff conduct * meetin8)
Meeting Date
, B NNumber (if applicable)
OYVIZ.
Amendment Barcode (if applicable)
Phone
Email / / AJC /.4//I /
Speaking: nFor Against Information 6 fLQ
Waive Spoaking |n Support Q Against
(The Chair will read this information i tothe rlcord.)
Representing
Appearing at request of Chair: Q Ye gjNo
Lobbyist registered with Legislature: Yestf -No
This form is part of the ublic record for this meetina
The Florida Senate
appearance record
(Deliver BOTH copies oHhis fcm. to the Senator or Senate Professional Staff con ucting the meeting,
Meeting Date
Li .??
Bill Number (if applicable)
T°Pic - 773 ' f A/ .
Amendment Barcode (if applicable)
Name- -
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Representing J~ Y F:
Appearing at request of Chair: Q Yes g No
Lobbyist registered with Legislature: | | Yes I o
meeting. T ose who do 8f
This form is part of the public record for this meetina
The Florida Senate
..
appearance record
elirer BOTH copies of t is form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address
Phone c ¦i «,
Email 5 h v a - r -
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Speaking. [ ]For C Against Ell Information
Waive Speaking: Qjn Support I I Anainct
(The Ch read nfo afioninUe )
Representing
Appeanns „ -Chair nv. 0N. Lobbyilt reg|sted Mh nN(j
IS form IS part of the public record for this meetina
The Florida Senate
appearance record
- (Deliver BOTH copies o, (his ,om ,he Senato or Senate Professional Staff conducting tne meeting)
Meeting Date
Bill Number (if applica le)
Topic
A J,
A/J/fiJ/i - i.
Amendment Barcode (if applicable)
Name
Job Title
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Speaking: For Against O Information
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(The Chair will read Winformation intbihe record.)
Representing
Appearing at request of Chair: Q Yes |V] No
Lobbyist registered with Legislature: Q YesVl No
meeting. T ose who o 9f tMs
This form is part of the public record for this meetina
The Florida Senate
appearance record
(De er BOTH copi s o, this for ,o the Senator or Senate Professions, Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic -
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Amendment Barcode (if applicable)
Name
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Job Title . i - : r
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Representing - .
Appearing at request of Chair: Q Yes f fJt
Lobbyist registered with Legislature: Yes
Wh° d° af
This form is part of the public record for this meotinn
The Florida Senate
m appearance record
el.Ver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date /'
»./
Bill Number (if applicable)
33 It
Amendment Barcode (if applicable)
Phone
Email .
Speaking. C For [ Against CD Information
Wai e Speaking: In Support fnAaainst
(The Chair will read this information intothe recordj
Representing
Appearing at request of Chair: Q Yes \1 No
Lobbyist registered with Legislature: ] Yes No
limit their rem rhs so thafas
7 7/5 form is Part of the public record for this
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
M, li W > {U
Meeting Date \ i /1- -
,
Bill Number (if applicable)
Topic -j&m t& k \
Amendment Barcode (if applicable)
Name_
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Speaking: For Against information Waive Speaking: [g In Support Against
(The Chair will read this information into the record.)
Representing '!. 'h
Appearing at request of Chair: Yes [ No Lobbyist registered with Legislature: | | Yes
WMe it is a Senate tradition to encourage public testimony, time may not ermit all ersons wishing to speak to be heard at thi
meeting. Those who do spea may be asked to limit their remarks so that as many persons as p L mi &i
This form is part of the public record for this meeting. n h /a r\ /
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
( Meeting Date i
Bill Number (if applicable)
/ o- / ,?
Topic y/ %>,
rr Amendment Barcode (if applicable)
Name_y fn . YVb
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Representingy f Dt P /tv,
Appearing at request of Chair: Q Yes d] No Lobbyist registered with Legislature: d Yes No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. c? nrn /4r\M am
The Florida Senate
I I APPEARANCE RECORD
Z- / feo (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
B\\\ Number (if applicable)
11> s
Topic SOU (Zj M 6 Amendment Barcode (if applicable)
Name /'i /)A. A A
Job Title '/(C s
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(The Chair will read this information into the record.)
Representing f£_ k fti
Appearing at request of Chair: E ves l No Lobbyist registered with Legislature: (~]yes / No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Sen te
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
M eting Date Bill Number (if applicable)
7/ 2-
Topic \mendmer)t Barcode (if applicable)
Name / €>
Job Title
Address Phone
Street
Email
City State Zip
Speaking: n For [ Against | | Information Waive Speaking: f><ji Support | | Against
( heChairwill read this bformation into the record.)
Representing Vw/*Z< £ sc
Appearing at request of Chair: YesS l No Lobbyist registered with Legislature Yes | | No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. s-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
' <5el'VerBOTHc0piesoflhisfo,,,, 101,16 Se"alor or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic . I: l'LC/a 4 f.r. i Ki ti
Amendment Barcode (if applicable)
Name Cf i /
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Job Title
Address I 7c CtrlA.
Street
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Spea ing: For [ Against Information
Waive Speaking: In Support Against
(The Chair writ read this information into the record.)
Representing ii V({
Appearing at request of Chair: Yes [ No Lobbyist registered with Legislature: Yes TO No
This form is part of the oublic mmr fnr thie
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
13
ill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address
1 \ j i /\
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Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing
Appearing at request of hair: Yes /no
Lobbyist registered with Legislature: Q Yes No
meeting.
This form is nart nf the nnhli
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic k lhl l Ls ( Cjc
Amendment Barcode (if applicable)
Name_ Mic c .-
Job Title f-A Or - , ; f tYp"
Address JjLC Yj v Phone . / -
ity
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Speaking: For Against | | Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing h V <
Appearing at request of Chair: YesJ No Lobbyist registered with Legislature: Yes
No
This fnrm ic mart he* n,, i;e* r x_
The Florida Senate
APPEARANCE RECORD
Z/"I'L0 (Deli er BOTH copies of t is form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date l\z
Bill Number (if applicable)
Topic LltAAglj
5 3 7 5 (b
Amendment Barcode (if applicable)
Name_
Job Title
Address P.Q. v3o) 3,0 ,0
Street Phone
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Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representin9 -t**** «06 . s
Appearing at request of Chair: DYes No Lobbyist registered wit Legislature: Yes No
The Florida Senate
APPEARANCE RECORD
z-/ <//zo (Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)
Meeting Date llz
Bill Number (if applicable)
7-5- fa
Topic I c .q E k
Amendment Barcode (if applicable)
Name Boij 5 kU
Job Title \J c a es h/o/ -
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State Zip
Speaking: [ ]For O Against I I Information
Waive Speaking: In Support Against
(The Chair will read this information into the record.)
Representing \)e\ *c\cl )4oA- Cs i- v
•
Appearing at request of Chair: Yes No Lobbyist registered with Legislature: \ Yes I no
Thi<z fnrm ic n H- # r
The Florida Senate
APPEARANCE RECORD
l I 'Zo (Deliver BOTH copies of this form to t e Senator or Senate Professional Staff conducting the meeting)
¦=5 <8 2.0
Meeting Date
Bill Number (if applicable)
Topic _ V/ CA )<£>aJ iSKirfAc
Amendment Barcode (if applicable)
Name_ (j.ftyb&.LIg L ini r/>.4
Job Title W fZ
Address l( j * Ttfl/Z ) "S" }
Street Phone *7
City State
Email
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Speaking: For Against | | Information
Waive Speaking:
. .
In Support
, . , Against
(The Chair will read this information intome record.)
Representing Ctf>i
Appearing at request of Chair: Yes f No Lobbyist registered with Legislature: FI Yes 'No
This form is nart nftha nnhii m Lm. / *
Duplicate
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
02/11/2020
SB 1128
Meeting Date
Bill Number (if applicable)
758236
Topic Vacation Rentals
Amendment Barcode (if applicable)
Name Warren Husband
Job Title
Address PO Box 10909 Phone (850) 205-9000
Street
Tallahassee FL 32302 Email
City State Zip
Speaking: E For I I A ainst Information Wai e Speaking: In Support I I A ainst
(The Chair will read this information into the record.)
Representing Florida Restaurant & Lodging Association
r | r I
Appearing at request of Chair: [ (Yes [ j No Lobbyist registered with Legislature: Yes EH No
Whiie it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
Z/ , (Deliver BOTH copies of this fom, to the Senator or Senate Professional Staff conducting the meeting)
Meetiig Date //z/r
Bill
~ltl Number
f t (if applicable)
Topic - ~7
Amendment Barcode (if applicable)
Name_/vffc
Job Title
Address
S tee Phone / ytf
t(c, r? r
/ ' State Zip
Speaking: or | Against | | Information
Waive Speaking: In Support Against
s 1 {ine (The Chair
tlair Wl11 read this will read thisinto
information information
theintothe record.)
record)
Representing .
Appearing at request of Chair: Q Yes No Lobbyist istered with Legislature: D Yes Q No
m .Tho!etho m%7e!!kl
This form is nart
The Florida Senate
APPEARANCE RECORD
\w (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
/
meeting Date
I Number (if applicable)
Topic Varn Q eM Amendment Barcode (if applicable)
Name La Kiilinfiff
Job Title
Address
Street
Phone
City
Email
State Zip
Speaking:
i: [3 P°r \ Against | | Information
Waive Speaking: ]Xfln Support | | Against
(The Chair will read this information into the record.)
Representing \Ch
Appearing at request of Chair: Q Yes Q No Lobbyist registered with Legislature: Q Yes Q No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as p ible n be
Thi<S fnrm ic n r-* *M«"i
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date Bill Number (if applicable)
i r h
I
, -1 . :f . 1 Amendment Barcode (if applicable)
f] I
Name .i, .
Job Title r ., . p? ...
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Speaking: 1 1 For Against Information Waive Speaking: |In Support 1 .
(Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: I I Yes No Lobbyist registered with Legislature: es No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do spea may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1214
INTRODUCER: Innovation, Industry, and Technology Committee and Senator Baxley
SUBJECT: Engineers
DATE: February 10, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof IT Fav/CS
2. McMillan McKay CM Favorable
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 1214 authorizes the Florida Board of Professional Engineers (board) to establish
minimum standards of practice for the profession of structural engineering, which includes the
structural analysis and design of components for threshold buildings (those higher than
50 feet/three stories, or with an occupancy of greater than 500 persons) as well as the practice of
engineering under current law.
The bill prohibits, effective March 1, 2022, the practice of professional structural engineering by
any person who is not a licensed professional structural engineer or otherwise exempted from
licensure under ch. 471, F.S., related to engineering.
Under the bill, the following titles may not be used by persons who are not licensed, or exempt
from licensing, under current law relating to engineering: licensed professional engineer,
licensed structural engineer, professional structural engineer, or registered professional engineer.
The bill authorizes the board to certify persons as qualified to practice structural engineering if
they are licensed or qualify for licensure as an engineer, have at least 4 years of active structural
engineering experience under the supervision of a licensed engineer, have passed certain
professional examinations, and meet other administrative requirements. The bill also requires the
board to certify qualified foreign or out-of-state applicants for licensure by endorsement in
certain circumstances.
BILL: CS/SB 1214 Page 2
See Section V, Fiscal Impact Statement.
The bill provides an effective date of July 1, 2020.
II. Present Situation:
Florida Board of Professional Engineers
The practice of engineering is regulated by the board. Unlike most Department of Business and
Professional Regulation (DBPR) professions, the administrative, investigative, and prosecutorial
services for the board are not provided by DBPR. The DBPR contracts with the Florida
Engineers Management Corporation (FEMC), a nonprofit corporation, to provide such services.1
Section 471.008, F.S., authorizes the board to adopt rules to implement the provisions of
ch. 471, F.S., and for ch. 455, F.S., which provides the general licensing procedures for
professional licensing by the DBPR and its professional licensing boards. The board has adopted
responsibility rules for the profession of engineering addressing a variety of issues, including the
design of structures and fire protection systems.2
There were 65,196 licensed professional engineers in Fiscal Year 2018-2019.3 The FEMC
processed 195 complaints regarding engineering practice during that period. Only 140
complaints were found to be legally sufficient to proceed, and the FEMC filed 30 administrative
complaints in cases where probable cause was found relating to a violation of the practice act.4
Professional Engineer License Qualifications and Exemptions
Section 471.013, F.S., provides the license qualifications for a professional engineer. In order to
be licensed as a professional engineer, a person must successfully pass two examinations: the
fundamentals examination and the principles and practices examination. Prior to being permitted
to sit for the fundamentals examination, an applicant must have graduated from:
An approved engineering science curriculum of 4 years or more in a board-approved school,
college, or university; or
An approved engineering technology curriculum of 4 years or more in a board-approved
school, college, or university.5
1
See s. 471.038, F.S., the Florida Engineers Management Corporation Act, for the duties and authority of the FEMC.
2
The responsibility rules are in Fla. Admin. Code Chapters 61G15-30, 61G15-31, 61G15-32, and 61G15-33 (2020).
3
There were 597 inactive professional engineering licenses in that fiscal year. See Department of Business and Professional
Regulations, Annual Report, Division of Professions, Division of Certified Public Accounting, Division of Real Estate, and
Division of Regulation, Fiscal Year 2018-2019, at p. 19, available at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf (last visited Feb. 10, 2020).
4
See Florida Engineer Management Corporation, Annual Report of the FEMC for FY 2018-2019, available at
https://fbpe.org/wp-content/uploads/2019/09/2018-19-FEMC-Annual-Report.pdf, at pp. 4-5 (last visited Feb. 10, 2020),
which indicates the FEMC also filed 92 Final Orders with DBPR; entered into 12 negotiations, and tried three administrative
hearings; dismissed 16 cases after re-consideration; issued eight reprimands, six suspensions, four probations, four project
reviews, and one license restriction; and imposed $57,528.60 in administrative costs and $47,000.00 in fines. The board also
issued 82 final orders against licensees.
5
Section 471.013(1), F.S.
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Under s. 471.015(2), F.S., the board must certify for licensure any applicant who has submitted
proof of being at least 18 years old and has the required engineering experience. For graduates of
an approved engineering science curriculum, the applicant must have a record of at least 4 years
of active engineering experience sufficient to indicate competence to be in responsible charge of
engineering. Graduates of an approved engineering technology curriculum must have a record of
at least 6 years of such qualified experience.6
Section 471.003(2), F.S., identifies those persons who are exempted from the licensing
requirements of ch. 471, F.S.
Fees
Section 471.011, F.S., authorizes the board by rule to establish fees to be paid for applications,
examination, reexamination, licensing, renewal, reactivation, inactive status applications, and
recordmaking and recordkeeping. It also provides that qualification of a business organization
must not require payment of a fee.
Special Inspectors of Threshold Buildings
Section 471.015(7), F.S., authorizes the board to establish by rule the qualifications for
certification of licensees as inspectors of threshold buildings. A “threshold building” is “any
building which is greater than three stories or 50 feet in height, or which has an assembly
occupancy classification as defined in the Florida Building Code which exceeds 5,000 square
feet in area and an occupant content of greater than 500 persons.”7
The board is also authorized to establish minimum qualifications for the qualified representative
of the special inspector who is authorized to perform inspections of threshold buildings on behalf
of the special inspector.8 Current law does not authorize the board to establish minimum training
or education requirements for maintaining a certification or qualification as a special inspector.
The agency charged with enforcing the building code (enforcing agency)9 must require a special
inspector to perform structural inspections on a threshold building pursuant to a structural
inspection plan prepared by the engineer or architect of record.10
Use of Engineer Seals
Section 471.025(1), F.S., authorizes the board to prescribe, by rule, one or more forms of seal to
be used by licensed engineers. Each licensee must obtain at least one seal. All final drawings,
specifications, plans, reports, or documents prepared or issued by the licensee and filed for
public record and all final documents provided to the owner or the owner’s representative must
be signed by the licensee, dated, and sealed with the seal. The signature, date, and seal are
evidence of the authenticity of the document to which they are affixed.
6
See ss. 471.015(2)(a)1. and 2., F.S.
7
See s. 553.71(12), F.S.
8
See s. 471.015(7), F.S.
9
See s. 553.71(5), F.S., defining the term “local enforcement agency.”
10
Section 553.79(5)(a), F.S.
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A licensee may not affix or permit to be affixed his or her seal, name, or digital signature to any
plan, specification, drawing, final bid document, or other document that depicts work which he
or she is not licensed to perform or which is beyond his or her profession or specialty.11
A successor engineer seeking to reuse documents previously sealed by another engineer must be
able to independently re-create all of the work done by the original engineer, and assumes full
professional and legal responsibility by signing and affixing his or her seal to the assumed
documents.12
Use of Descriptive Titles
Section 471.031, F.S., sets forth the permissible and prohibited titles for persons licensed under
ch. 471, F.S., and for persons who are otherwise exempted from such licensure. With certain
exceptions for persons exempted from licensure, the use of the name “professional engineer” or
any other title, designation, abbreviation, or indication that a person holds an active license as an
engineer when the person is not licensed under ch. 489, F.S., is prohibited, along with use of the
following titles:
Agricultural engineer;
Air-conditioning engineer;
Architectural engineer;
Building engineer;
Chemical engineer;
Civil engineer;
Control systems engineer;
Electrical engineer;
Environmental engineer;
Fire protection engineer;
Industrial engineer;
Manufacturing engineer;
Mechanical engineer;
Metallurgical engineer;
Mining engineer;
Minerals engineer;
Marine engineer;
Nuclear engineer;
Petroleum engineer;
Plumbing engineer;
Structural engineer;
Transportation engineer;
Software engineer;
Computer hardware engineer; and
11
Section 471.025(3), F.S.
12
Section 471.025(4), F.S. The original engineer is released from any professional responsibility or civil liability for work
that is assumed.
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Systems engineer.13
Imposition of Discipline by the Board
The acts that constitute grounds for the imposition of discipline by the board are set forth in
s. 471.033, F.S. Such discipline includes denial of an application for licensure, suspension or
revocation of a license, imposition of fines, reprimands, probation, or restitution, and restriction
of the authorized scope of practice of a licensee.
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 471.003, F.S., to prohibit, effective March 1, 2022, the practice of
professional structural engineering by any person who is not a licensed professional structural
engineer or otherwise exempted from licensure under ch. 471, F.S., related to engineering.
The bill prohibits the use of the name or title of “licensed engineer,” “licensed professional
engineer,” “licensed structural engineer,” “professional structural engineer,” or “registered
structural engineer” or any other title that indicates an unlicensed person is a licensed
professional structural engineer in this state. The bill amends s. 471.003(2), F.S., to clarify that
certain persons are not required to be licensed as a licensed professional structural engineer, and
this exemption includes contractors performing work designed by a professional structural
engineer.
Section 2 of the bill amends s. 471.005, F.S., to define the term “licensed professional structural
engineer” to mean a person who is licensed to engage in the practice of professional structural
engineering in Florida under ch. 471, F.S.
The bill defines the term “professional structural engineering” to mean a service or creative work
that includes the structural analysis and design of structural components or systems for threshold
buildings.14 The term includes engineering that requires significant structural engineering
education, training, experience, and examination, as determined by the board.
Section 471.005(7), F.S., defines the term “engineering” to include:
the term “professional engineering” and means any service or creative
work, the adequate performance of which requires engineering education,
training, and experience in the application of special knowledge of the
mathematical, physical, and engineering sciences to such services or
creative work as consultation, investigation, evaluation, planning, and
design of engineering works and systems, planning the use of land and
water, teaching of the principles and methods of engineering design,
engineering surveys, and the inspection of construction for the purpose of
determining in general if the work is proceeding in compliance with
13
See s. 471.031(b), F.S.
14
Section 553.71(12), F.S., provides a “threshold building” is “any building which is greater than three stories or 50 feet in
height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000
square feet in area and an occupant content of greater than 500 persons.”
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drawings and specifications, any of which embraces such services or
work, either public or private, in connection with any utilities, structures,
buildings, machines, equipment, processes, work systems, projects, and
industrial or consumer products or equipment of a mechanical, electrical,
hydraulic, pneumatic, or thermal nature, insofar as they involve
safeguarding life, health, or property; and includes such other professional
services as may be necessary to the planning, progress, and completion of
any engineering services. A person who practices any branch of
engineering; who, by verbal claim, sign, advertisement, letterhead, or card,
or in any other way, represents himself or herself to be an engineer or,
through the use of some other title, implies that he or she is an engineer or
that he or she is licensed under this chapter; or who holds himself or
herself out as able to perform, or does perform, any engineering service or
work or any other service designated by the practitioner which is
recognized as engineering shall be construed to practice or offer to
practice engineering within the meaning and intent of this chapter.
The bill allows a retired professional structural engineer to be granted use of the title
“professional engineer, retired” or “professional structural engineer, retired” by the board, if the
retiree has:
Been licensed as a professional engineer by the board;
Relinquished or not renewed a license; and
Applied to and been approved by the board to use such title.
Section 3 of the bill amends s. 471.011, F.S., relating to fees for license applications, temporary
licenses, license renewals, inactive licenses, examinations, and records, to provide that such fees
are also applicable to the regulation of structural engineering.
Section 4 of the bill amends s. 471.013(2)(a), F.S., relating to licensure, to include a reference to
licensed professional structural engineers.
Section 5 of the bill amends s. 471.015, F.S., to authorize the board to certify persons as
qualified to practice professional structural engineering if they are licensed or qualify for
licensure as an engineer, have at least 4 years of active professional structural engineering
experience under the supervision of a licensed professional engineer, have passed certain
professional examinations, and meet other administrative requirements.
Under the bill, an applicant for licensure as a professional structural engineer must:
Be licensed as an engineer, or qualify for licensure, under ch. 471, F.S.;
Submit an application in the format prescribed by the board;
Pay a fee established by the board;
Provide satisfactory evidence of good moral character, as defined by the board.
Provide a record of 4 years of active professional structural engineering experience, as
defined by the board, under the supervision of a licensed professional engineer; and
Have successfully passed the 16-hour National Council of Examiners for Engineering and
Surveying Structural Engineering examination.
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Before March 1, 2022, a qualified applicant, in lieu of satisfying the experience and examination
requirements set forth above, may instead:
Submit a signed affidavit in the format prescribed by the board that the applicant is currently
a licensed engineer in Florida and has been engaged in the practice of professional structural
engineering with a record of at least 4 years of active professional structural engineering
design experience;
Possess a current professional engineering license and file the necessary documentation as
required by the board, or possess a current threshold inspector license; and
Agree to meet with the board or its representative at the board’s request, for the purpose of
evaluating the applicant’s qualifications for licensure as a professional structural engineer.
An applicant qualified for licensure as an engineer may simultaneously apply for licensure as a
professional structural engineer, if all the above requirements and all education, examination,
experience, and good moral character requirements set forth in s. 471.013, F.S., are met.
The bill sets forth the requirements for board certification of an applicant qualified for licensure
as a professional structural engineer by endorsement as:
An applicant who holds a license to practice either engineering or professional structural
engineering issued by another state or territory of the United States, if the criteria for
issuance of the license were substantially the same as the licensure criteria that existed in
Florida at the time the license was issued; or
An applicant who holds a valid license to practice structural engineering issued by another
state or territory of the United States and who has successfully passed one of the following
16-hour examination combinations:
o The 8-hour National Council of Examiners for Engineering and Surveying15
Structural Engineering I examination and the 8-hour National Council of
Examiners for Engineering and Surveying Structural Engineering II examination.
o The 8-hour National Council of Examiners for Engineering and Surveying
Structural Engineering II examination and either the 8-hour National Council of
Examiners for Engineering and Surveying Civil: Structural examination or the 8-
hour National Council of Examiners for Engineering and Surveying Architectural
Engineering examination.
o The 16-hour Western States Structural Engineering examination.
o The 8-hour National Council of Examiners for Engineering and Surveying
Structural Engineering II examination, and either the 8-hour California Structural
Engineering Seismic III examination, or the 8-hour Washington Structural
Engineering III examination.
Section 6 of the bill amends s. 471.019, F.S., relating to reinstatement of void licenses, to
include a reference to licensed professional structural engineers.
15
The National Council of Examiners for Engineering and Surveying (NCEES) is a nonprofit organization dedicated to
advancing professional licensure for engineers and surveyors. In the United States, engineers and surveyors are licensed at
the state and territory level. NCEES was created in 1920 and provides services for licensure and facilitation of mobility
among licensing jurisdictions, including the development and scoring of examinations for licensure. See National Council of
Examiners for Engineering and Surveying, Advancing Licensure for Engineers and Surveyors, available at
https://ncees.org/about/ (last visited Feb. 10, 2020).
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Section 7 of the bill amends s. 471.025(2), F.S., regarding the use of seals on documents, to
include a reference to the use of seals when a professional structural engineer’s license is
revoked or suspended.
Section 8 of the bill amends s. 471.031, F.S., to provide that beginning March 1, 2022, no person
may practice professional structural engineering unless the person is licensed as a professional
structural engineer or exempt from licensure under ch. 471, F.S. The bill also provides that the
following titles may not be used by persons who are not licensed, or otherwise exempt from
licensing, under ch. 471, F.S., relating to engineering: licensed engineer, licensed professional
engineer, licensed structural engineer, professional structural engineer, registered structural
engineer, or structural engineer.
Section 9 of the bill amends s. 471.033, F.S., related to disciplinary proceedings, to revise the
acts that constitute grounds for discipline, to include acts related to the practice of professional
structural engineering.
Section 10 of the bill amends s. 471.037(1), F.S., related to the construction of provisions in
ch. 471, F.S., to provide that local building codes, zoning laws, or ordinances may be more
restrictive concerning the services of licensed professional structural engineers.
Section 11 of the bill amends s. 471.0385, F.S., related to certain authorizations granted to the
Governor. The bill grants authority to the Governor to reestablish positions, budget authority,
and salary rate necessary to carry out the DBPR’s responsibilities relating to “professional
structural engineers,” in the event the Florida Engineers Management Corporation Act 16 is held
to be unconstitutional or to violate state or federal antitrust laws.
Section 12 of the bill provides an effective date of July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
16
See s. 471.038, F.S.
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D. State Tax or Fee Increases:
The bill amends s. 471.011, F.S., relating to fees for license applications, temporary
licenses, license renewals, inactive licenses, examinations, and records, to provide that
such fees are also applicable to the regulation of structural engineering.
To the extent the bill imposes fees on licensure of structural engineers while addressing
other subjects, the bill may be unconstitutional as a violation of the single-subject
requirement for the imposition, authorization, or raising of a state tax or fee under Article
VII, Section 19 of the Florida Constitution. Under that section, a “state tax or fee
imposed, authorized, or raised under this section must be contained in a separate bill that
contains no other subject.” A “fee” is defined by the Florida Constitution to mean “any
charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.”17
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Beginning March 1, 2022, persons who are licensed engineers in Florida and those who
perform work that comes within the definition in the bill for “professional structural
engineering” will be required to obtain additional licensing to perform such work.
C. Government Sector Impact:
The creation of an additional licensing and regulatory structure for professional structural
engineers may result in a fiscal impact to the DBPR or the FEMC. To date, no analysis
by the DBPR or the FEMC of the impact of the bill on their respective operations,
revenue, and expenditures has been provided.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
17
FLA. CONST. art. VII, s. 19(d)(1).
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VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 471.003, 471.005,
471.011, 471.013, 471.015, 471.019, 471.025, 471.031, 471.033, 471.037, and 471.0385.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Innovation, Industry, and Technology on January 27, 2020:
The committee substitute includes a conforming amendment recommended by staff to
revise certain references to the term “structural engineers” to the term “professional
structural engineers.”
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 CS for SB 1214 Florida Senate - 2020 CS for SB 1214
By the Committee on Innovation, Industry, and Technology; and
Senator Baxley
580-02625-20 20201214c1 580-02625-20 20201214c1
1 A bill to be entitled 30 F.S.; providing acts that constitute grounds for
2 An act relating to engineers; amending s. 471.003, 31 disciplinary action, including civil penalties,
3 F.S.; prohibiting a person who is not licensed as an 32 against a professional structural engineer; amending
4 engineer from using a specified name or title; 33 ss. 471.037 and 471.0385, F.S.; conforming provisions
5 prohibiting a person who is not a licensed 34 to changes made by the act; providing an effective
6 professional structural engineer from using specified 35 date.
7 names and titles or practicing professional structural 36
8 engineering, after a specified date; exempting certain 37 Be It Enacted by the Legislature of the State of Florida:
9 persons from licensing requirements; amending s. 38
10 471.005, F.S.; defining terms; revising definitions; 39 Section 1. Subsections (1) and (2) of section 471.003,
11 amending s. 471.011, F.S.; authorizing the Board of 40 Florida Statutes, are amended to read:
12 Professional Engineers to establish fees relating to 41 471.003 Qualifications for practice; exemptions.—
13 professional structural engineering licensing; 42 (1)(a) No person other than a duly licensed engineer shall
14 amending s. 471.013, F.S.; authorizing the board to 43 practice engineering or use the name or title of “licensed
15 refuse to certify an applicant for a professional 44 engineer,” “professional engineer,” or “registered engineer” or
16 structural engineering license for certain reasons; 45 any other title, designation, words, letters, abbreviations, or
17 amending s. 471.015, F.S.; providing licensure and 46 device tending to indicate that such person holds an active
18 application requirements for a professional structural 47 license as an engineer in this state.
19 engineer license; exempting certain applicants who 48 (b) Effective March 1, 2022, no person other than a duly
20 apply for licensure before a specified date from 49 licensed professional structural engineer shall engage in the
21 passage of a certain national examination, under 50 practice of professional structural engineering or use the name
22 certain conditions; requiring the board to certify 51 or title of “licensed structural engineer,” “professional
23 certain applicants for licensure by endorsement; 52 structural engineer,” or “registered structural engineer” or any
24 amending ss. 471.019 and 471.025, F.S.; conforming 53 other title, designation, words, letters, abbreviations, or
25 provisions to changes made by the act; amending s. 54 device tending to indicate that such person holds an active
26 471.031, F.S.; prohibiting certain persons from 55 license as a professional structural engineer in this state.
27 practicing professional structural engineering after a 56 (2) The following persons are not required to be licensed
28 specified date; prohibiting specified persons from 57 under the provisions of this chapter as a licensed engineer or a
29 using specified names and titles; amending s. 471.033, 58 licensed professional structural engineer:
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59 (a) Any person practicing engineering for the improvement 88 designed by a professional engineer or a professional structural
60 of, or otherwise affecting, property legally owned by her or 89 engineer or in the supervision of the construction of work as a
61 him, unless such practice involves a public utility or the 90 foreman or superintendent.
62 public health, safety, or welfare or the safety or health of 91 (g) A licensed surveyor and mapper who takes, or contracts
63 employees. This paragraph shall not be construed as authorizing 92 for, professional engineering services incidental to her or his
64 the practice of engineering through an agent or employee who is 93 practice of surveying and mapping and who delegates such
65 not duly licensed under the provisions of this chapter. 94 engineering services to a licensed professional engineer
66 (b)1. A person acting as a public officer employed by any 95 qualified within her or his firm or contracts for such
67 state, county, municipal, or other governmental unit of this 96 professional engineering services to be performed by others who
68 state when working on any project the total estimated cost of 97 are licensed professional engineers under the provisions of this
69 which is $10,000 or less. 98 chapter.
70 2. Persons who are employees of any state, county, 99 (h) Any electrical, plumbing, air-conditioning, or
71 municipal, or other governmental unit of this state and who are 100 mechanical contractor whose practice includes the design and
72 the subordinates of a person in responsible charge licensed 101 fabrication of electrical, plumbing, air-conditioning, or
73 under this chapter, to the extent that the supervision meets 102 mechanical systems, respectively, which she or he installs by
74 standards adopted by rule of the board. 103 virtue of a license issued under chapter 489, under former part
75 (c) Regular full-time employees of a corporation not 104 I of chapter 553, Florida Statutes 2001, or under any special
76 engaged in the practice of engineering as such, whose practice 105 act or ordinance when working on any construction project which:
77 of engineering for such corporation is limited to the design or 106 1. Requires an electrical or plumbing or air-conditioning
78 fabrication of manufactured products and servicing of such 107 and refrigeration system with a value of $125,000 or less; and
79 products. 108 2.a. Requires an aggregate service capacity of 600 amperes
80 (d) Regular full-time employees of a public utility or 109 (240 volts) or less on a residential electrical system or 800
81 other entity subject to regulation by the Florida Public Service 110 amperes (240 volts) or less on a commercial or industrial
82 Commission, Federal Energy Regulatory Commission, or Federal 111 electrical system;
83 Communications Commission. 112 b. Requires a plumbing system with fewer than 250 fixture
84 (e) Employees of a firm, corporation, or partnership who 113 units; or
85 are the subordinates of a person in responsible charge, licensed 114 c. Requires a heating, ventilation, and air-conditioning
86 under this chapter. 115 system not to exceed a 15-ton-per-system capacity, or if the
87 (f) Any person as contractor in the execution of work 116 project is designed to accommodate 100 or fewer persons.
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117 (i) Any general contractor, certified or registered 146 engineering, as defined in subsection (7), which requires
118 pursuant to the provisions of chapter 489, when negotiating or 147 significant structural engineering education, training,
119 performing services under a design-build contract as long as the 148 experience, and examination, as determined by the board.
120 engineering services offered or rendered in connection with the 149 (12)(10) “Retired professional engineer,” or “professional
121 contract are offered and rendered by an engineer or professional 150 engineer, retired,” “retired professional structural engineer,”
122 structural engineer licensed in accordance with this chapter. 151 or “professional structural engineer, retired” means a person
123 (j) Any defense, space, or aerospace company, whether a 152 who has been duly licensed as a professional engineer by the
124 sole proprietorship, firm, limited liability company, 153 board and who chooses to relinquish or not to renew his or her
125 partnership, joint venture, joint stock association, 154 license and applies to and is approved by the board to be
126 corporation, or other business entity, subsidiary, or affiliate, 155 granted the title “Professional Engineer, Retired” or
127 or any employee, contract worker, subcontractor, or independent 156 “Professional Structural Engineer, Retired.”
128 contractor of the defense, space, or aerospace company who 157 Section 3. Subsections (1) and (6) of section 471.011,
129 provides engineering for aircraft, space launch vehicles, launch 158 Florida Statutes, are amended to read:
130 services, satellites, satellite services, or other defense, 159 471.011 Fees.—
131 space, or aerospace-related product or services, or components 160 (1) The board by rule may establish fees to be paid for
132 thereof. 161 applications, examination, reexamination, licensing and renewal,
133 Section 2. Present subsections (9) through (12) of section 162 inactive status application and reactivation of inactive
134 471.005, Florida Statutes, are redesignated as subsections (11) 163 licenses, and recordmaking and recordkeeping. The board may also
135 through (14), respectively, new subsections (9) and (10) are 164 establish by rule a delinquency fee. The board shall establish
136 added to that section, and present subsection (10) of that 165 fees that are adequate to ensure the continued operation of the
137 section is amended, to read: 166 board. Fees shall be based on department estimates of the
138 471.005 Definitions.—As used in this chapter, the term: 167 revenue required to implement this chapter and the provisions of
139 (9) “Professional structural engineer” means a person who 168 law with respect to the regulation of engineers and professional
140 is licensed to engage in the practice of professional structural 169 structural engineers.
141 engineering under this chapter. 170 (6) The fee for a temporary registration or certificate to
142 (10) “Professional structural engineering” means a service 171 practice engineering or professional structural engineering
143 or creative work that includes the structural analysis and 172 shall not exceed $25 for an individual or $50 for a business
144 design of structural components or systems for threshold 173 firm.
145 buildings as defined in s. 553.71. The term includes 174 Section 4. Paragraph (a) of subsection (2) of section
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175 471.013, Florida Statutes, is amended to read: 204 5. Provides a record of 4 years of active professional
176 471.013 Examinations; prerequisites.— 205 structural engineering experience, as defined by the board,
177 (2)(a) The board may refuse to certify an applicant for 206 under the supervision of a licensed professional engineer.
178 failure to satisfy the requirement of good moral character only 207 6. Has successfully passed the 16-hour National Council of
179 if: 208 Examiners for Engineering and Surveying Structural Engineering
180 1. There is a substantial connection between the lack of 209 examination.
181 good moral character of the applicant and the professional 210 (b) Before March 1, 2022, an applicant who satisfies the
182 responsibilities of a licensed engineer or licensed professional 211 requirements of subparagraphs (a)1.-4. may satisfy subparagraphs
183 structural engineer; and 212 (a)5. and 6. by:
184 2. The finding by the board of lack of good moral character 213 1. Submitting a signed affidavit in the format prescribed
185 is supported by clear and convincing evidence. 214 by the board which states that the applicant is currently a
186 Section 5. Present subsections (3) through (7) of section 215 licensed engineer in this state and has been engaged in the
187 471.015, Florida Statutes, are redesignated as subsections (4) 216 practice of professional structural engineering with a record of
188 through (8), respectively, a new subsection (3) is added to that 217 at least 4 years of active professional structural engineering
189 section, and present subsection (3) of that section is amended, 218 design experience;
190 to read: 219 2. Possessing a current professional engineering license
191 471.015 Licensure.— 220 and filing the necessary documentation as required by the board,
192 (3)(a) The management corporation shall issue a 221 or possessing a current threshold inspector license; and
193 professional structural engineer license to any applicant who 222 3. Agreeing to meet with the board or a representative of
194 the board certifies as qualified to practice professional 223 the board, upon the board’s request, for the purpose of
195 structural engineering and who meets all of the following 224 evaluating the applicant’s qualifications for licensure.
196 requirements: 225 (c) An applicant who is qualified for licensure as an
197 1. Is licensed under this chapter as an engineer or is 226 engineer under s. 471.013 may simultaneously apply for licensure
198 qualified for licensure as an engineer. 227 as a professional structural engineer if all requirements of s.
199 2. Submits an application in the format prescribed by the 228 471.013 and this subsection are met.
200 board. 229 (4)(3) The board shall certify as qualified for a license
201 3. Pays a fee established by the board under s. 471.011. 230 by endorsement an applicant who:
202 4. Provides satisfactory evidence of good moral character, 231 (a) In engineering, by endorsement, an applicant who
203 as defined by the board. 232 qualifies to take the fundamentals examination and the
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233 principles and practice examination as set forth in s. 471.013, 262 Council of Examiners for Engineering and Surveying Architectural
234 has passed a United States national, regional, state, or 263 Engineering examination.
235 territorial licensing examination that is substantially 264 3. The 16-hour Western States Structural Engineering
236 equivalent to the fundamentals examination and principles and 265 examination.
237 practice examination required by s. 471.013, and has satisfied 266 4. The 8-hour National Council of Examiners for Engineering
238 the experience requirements set forth in paragraph (2)(a) and s. 267 and Surveying Structural Engineering II examination and either
239 471.013; or 268 the 8-hour California Structural Engineering Seismic III
240 (b) In engineering or professional structural engineering, 269 examination or the 8-hour Washington Structural Engineering III
241 by endorsement, an applicant who holds a valid license to 270 examination.
242 practice engineering, or, for professional structural 271 Section 6. Section 471.019, Florida Statutes, is amended to
243 engineering, an applicant who holds a valid license to practice 272 read:
244 professional structural engineering, issued by another state or 273 471.019 Reactivation.—The board shall establish by rule a
245 territory of the United States, if the criteria for issuance of 274 reinstatement process for void licenses. The rule shall
246 the license were substantially the same as the licensure 275 prescribe appropriate continuing education requirements for
247 criteria that existed in this state at the time the license was 276 reactivating a license. The continuing education requirements
248 issued; or 277 for reactivating a license for a licensed engineer or a licensed
249 (c) In professional structural engineering, by endorsement, 278 professional structural engineer may not exceed the continuing
250 an applicant who holds a valid license to practice professional 279 education requirements prescribed pursuant to s. 471.017 for
251 structural engineering issued by another state or territory of 280 each year the license was inactive.
252 the United States and who has successfully passed one of the 281 Section 7. Subsection (2) of section 471.025, Florida
253 following 16-hour examination combinations: 282 Statutes, is amended to read:
254 1. The 8-hour National Council of Examiners for Engineering 283 471.025 Seals.—
255 and Surveying Structural Engineering I examination and the 8- 284 (2) It is unlawful for any person to seal or digitally sign
256 hour National Council of Examiners for Engineering and Surveying 285 any document with a seal or digital signature after his or her
257 Structural Engineering II examination. 286 license has expired or been revoked or suspended, unless such
258 2. The 8-hour National Council of Examiners for Engineering 287 license is has been reinstated or reissued. When an engineer’s
259 and Surveying Structural Engineering II examination and either 288 or professional structural engineer’s license is has been
260 the 8-hour National Council of Examiners for Engineering and 289 revoked or suspended by the board, the licensee shall, within a
261 Surveying Civil: Structural examination or the 8-hour National 290 period of 30 days after the revocation or suspension has become
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Florida Senate - 2020 CS for SB 1214 Florida Senate - 2020 CS for SB 1214
580-02625-20 20201214c1 580-02625-20 20201214c1
291 effective, surrender his or her seal to the executive director 320 engineer,” “mechanical engineer,” “metallurgical engineer,”
292 of the board and confirm to the executive director the 321 “mining engineer,” “minerals engineer,” “marine engineer,”
293 cancellation of the licensee’s digital signature in accordance 322 “nuclear engineer,” “petroleum engineer,” “plumbing engineer,”
294 with ss. 668.001-668.006. In the event the engineer’s license 323 “structural engineer,” “transportation engineer,” “software
295 has been suspended for a period of time, his or her seal shall 324 engineer,” “computer hardware engineer,” or “systems engineer.”
296 be returned to him or her upon expiration of the suspension 325 2. Any person who is exempt from licensure under s.
297 period. 326 471.003(2)(j) may use the title or personnel classification of
298 Section 8. Present paragraphs (b) through (g) of subsection 327 “engineer” in the scope of his or her work under that exemption
299 (1) of section 471.031, Florida Statutes, are redesignated as 328 if the title does not include or connote the term “licensed
300 paragraphs (c) through (h), respectively, a new paragraph (b) is 329 engineer,” “professional engineer,” “registered engineer,”
301 added to that subsection, and present paragraph (b) of that 330 “licensed professional engineer,” “licensed engineer,”
302 subsection is amended, to read: 331 “registered professional engineer,” “licensed structural
303 471.031 Prohibitions; penalties.— 332 engineer,” “professional structural engineer,” or “registered
304 (1) A person may not: 333 structural engineer or “licensed professional engineer.”
305 (b) Beginning March 1, 2022, practice professional 334 3. Any person who is exempt from licensure under s.
306 structural engineering unless the person is licensed as a 335 471.003(2)(c) or (e) may use the title or personnel
307 professional structural engineer or exempt from licensure under 336 classification of “engineer” in the scope of his or her work
308 this chapter. 337 under that exemption if the title does not include or connote
309 (c)(b)1. Except as provided in subparagraph 2. or 338 the term “licensed engineer,” “professional engineer,”
310 subparagraph 3., use the name or title “professional engineer” 339 “registered engineer,” “licensed professional engineer,”
311 or any other title, designation, words, letters, abbreviations, 340 “licensed engineer,” “registered professional engineer,”
312 or device tending to indicate that such person holds an active 341 “licensed structural engineer,” “professional structural
313 license as an engineer when the person is not licensed under 342 engineer,” “registered structural engineer,” or “structural
314 this chapter, including, but not limited to, the following 343 engineer,” or “licensed professional engineer” and if that
315 titles: “agricultural engineer,” “air-conditioning engineer,” 344 person is a graduate from an approved engineering curriculum of
316 “architectural engineer,” “building engineer,” “chemical 345 4 years or more in a school, college, or university which has
317 engineer,” “civil engineer,” “control systems engineer,” 346 been approved by the board.
318 “electrical engineer,” “environmental engineer,” “fire 347 Section 9. Paragraphs (b) through (e) and (g) of subsection
319 protection engineer,” “industrial engineer,” “manufacturing 348 (1) and subsection (4) of section 471.033, Florida Statutes, are
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Florida Senate - 2020 CS for SB 1214 Florida Senate - 2020 CS for SB 1214
580-02625-20 20201214c1 580-02625-20 20201214c1
349 amended to read: 378 a disciplined engineer, professional structural engineer, or
350 471.033 Disciplinary proceedings.— 379 business upon certification by the board that the disciplined
351 (1) The following acts constitute grounds for which the 380 person has complied with all of the terms and conditions set
352 disciplinary actions in subsection (3) may be taken: 381 forth in the final order.
353 (b) Attempting to procure a license to practice engineering 382 Section 10. Subsection (1) of section 471.037, Florida
354 or professional structural engineering by bribery or fraudulent 383 Statutes, is amended to read:
355 misrepresentations. 384 471.037 Effect of chapter locally.—
356 (c) Having a license to practice engineering or 385 (1) Nothing contained in this chapter shall be construed to
357 professional structural engineering revoked, suspended, or 386 repeal, amend, limit, or otherwise affect any local building
358 otherwise acted against, including the denial of licensure, by 387 code or zoning law or ordinance, now or hereafter enacted, which
359 the licensing authority of another state, territory, or country, 388 is more restrictive with respect to the services of licensed
360 for any act that would constitute a violation of this chapter or 389 engineers or licensed professional structural engineers than the
361 chapter 455. 390 provisions of this chapter.
362 (d) Being convicted or found guilty of, or entering a plea 391 Section 11. Subsection (3) of section 471.0385, Florida
363 of nolo contendere to, regardless of adjudication, a crime in 392 Statutes, is amended to read:
364 any jurisdiction which directly relates to the practice of 393 471.0385 Court action; effect.—If any provision of s.
365 engineering, professional structural engineering, or the ability 394 471.038 is held to be unconstitutional or is held to violate the
366 to practice engineering or professional structural engineering. 395 state or federal antitrust laws, the following shall occur:
367 (e) Making or filing a report or record that the licensee 396 (3) The Executive Office of the Governor, notwithstanding
368 knows to be false, willfully failing to file a report or record 397 chapter 216, is authorized to reestablish positions, budget
369 required by state or federal law, willfully impeding or 398 authority, and salary rate necessary to carry out the
370 obstructing such filing, or inducing another person to impede or 399 department’s responsibilities related to the regulation of
371 obstruct such filing. Such reports or records include only those 400 professional engineers and professional structural engineers.
372 which that are signed in the capacity of a licensed engineer or 401 Section 12. This act shall take effect July 1, 2020.
373 licensed professional structural engineer.
374 (g) Engaging in fraud or deceit, negligence, incompetence,
375 or misconduct, in the practice of engineering or professional
376 structural engineering.
377 (4) The management corporation shall reissue the license of
Page 13 of 14 Page 14 of 14
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The Florida Senate
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1362
INTRODUCER: Senator Rodriguez
SUBJECT: Rental Agreements
DATE: February 10, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stallard Cibula JU Favorable
2. McMillan McKay CM Favorable
3. RC
I. Summary:
SB 1362 provides for the protections of the federal Protecting Tenants at Foreclosure Act
(PTFA) to take effect as a state law if the federal act is repealed.
Under the PTFA, a person who acquires a foreclosure property (“successor in interest”) must
give the tenant at least 90 days’ notice before evicting him or her. And if the tenant signed a
“bona fide” lease before foreclosure, the successor in interest must allow him or her to remain
for the term of the lease, even if that exceeds 90 days, unless the successor in interest sells to a
person who intends to occupy the property as a primary residence.
Additionally, the bill repeals Florida’s current foreclosure-tenant-rights statute, which affords
less protection than the federal statute.
II. Present Situation:
Overview
The rights of a tenant to remain in a foreclosed property are provided in both federal and state
statutes. The federal statute grants tenants a longer period of protection from eviction and thus
preempts the state statute.1
Foreclosure
A foreclosure is a civil action in which a mortgagor seeks to have the mortgaged property sold
under an order of the court and the proceeds applied in payment of the debt. The primary purpose
of the suit is to subject the mortgaged property to the payment of the debt.2
1
See Mik v. Federal Home Loan Mortg. Corp., 743 F.3d 149 (6th Cir. 2014).
2
Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268 (1933).
BILL: SB 1362 Page 2
Federal Law
Under the federal PTFA, a successor in interest to a foreclosure property obtains the property
subject to the tenant’s rights.3 Accordingly, the successor in interest must give the tenant at least
90 days’ notice before evicting the tenant, regardless of whether the tenant had a lease or when
the lease terminates.4 And if the tenant signed a “bona fide” lease before foreclosure, the
successor in interest must allow him or her to remain for the term of the lease, even if that
exceeds 90 days, unless the successor in interest sells to a person who intends to occupy the
property as a primary residence.5
A lease or tenancy is bona fide if:
The mortgagor or the child, spouse, or parent of the mortgagor under the contract is not the
tenant;
The lease or tenancy was the result of an arms-length transaction; and
The rent due under the lease is at or near fair-market value or the rent is subsidized under a
housing welfare program.6
In addition to the generally applicable provisions described above, tenants with Section 8
housing choice voucher assistance enjoy other protections.7 Particularly, they may retain their
Section 8 lease and the successor-in-interest must assume the housing assistance payment
contract associated with that lease.8
Florida Law
Section 83.561, F.S., is Florida’s version of the PTFA. Under s. 83.561, F.S., however, a
successor in interest may evict a tenant on 30 days’ notice, instead of 90 days’. Moreover, this
timeframe is not subject to the terms of a lease under which the tenant inhabits the foreclosed
property.
III. Effect of Proposed Changes:
The bill provides that if the federal Protecting Tenants at Foreclosure Act (PTFA) is repealed, a
state law providing most of the same rights to tenants in foreclosed properties will take effect.
Under the PTFA, a successor in interest, which will likely be the purchaser of a property at a
foreclosure sale, must give a tenant at least 90 days’ notice before evicting him or her. And if the
tenant signed a “bona fide” lease before foreclosure, the successor in interest must allow him or
her to remain for the term of the lease, even if that exceeds 90 days. However, the successor in
interest does not have to honor the term of a bona fide lease if the successor in interest sells the
property to a person who intends to occupy the property as a primary residence.
3
Pub. L. 111-22 Sec. 702. This Act was repealed by its sunset provision in 2014, but was reenacted permanently in 2015. See
Pub. L. 115-174 Sec. 304.
4
Id.
5
Id.
6
Id.
7
Pub. L. 111-22 Sec. 703.
8
Id.
BILL: SB 1362 Page 3
Additionally, the bill repeals this state’s current foreclosure-tenant-rights statute, which affords
less protection than the federal statute.
The bill takes effect on July 1, 2020, but the provisions providing for the rights under the PTFA
to become state law take effect upon the repeal of the PFTA.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
BILL: SB 1362 Page 4
VIII. Statutes Affected:
This bill creates section 83.5615 of the Florida Statutes.
This bill repeals section 83.561 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 SB 1362 Florida Senate - 2020 SB 1362
By Senator Rodriguez
37-01135B-20 20201362__ 37-01135B-20 20201362__
1 A bill to be entitled 30 (a) The successor in interest providing a notice to vacate
2 An act relating to rental agreements; repealing s. 31 to any bona fide tenant at least 90 days before the effective
3 83.561, F.S., relating to the termination of a rental 32 date of the notice; and
4 agreement upon foreclosure; creating s. 83.5615, F.S.; 33 (b) The rights of any bona fide tenant:
5 providing a short title; providing for the assumption 34 1. Under any bona fide lease entered into before the notice
6 of interest in certain foreclosures on dwellings or 35 of foreclosure to occupy the premises until the end of the
7 residential real property; providing construction; 36 remaining term of the lease, except that a successor in interest
8 defining the term “federally-related mortgage loan”; 37 may terminate a lease effective on the date of sale of the unit
9 requiring the director of the Division of Consumer 38 to a purchaser who will occupy the unit as a primary residence,
10 Services of the Department of Agriculture and Consumer 39 subject to the tenant receiving the 90-day notice under
11 Services to notify the Division of Law Revision of the 40 paragraph (a); or
12 repeal of the Protecting Tenants at Foreclosure Act of 41 2. Without a lease or with a lease terminable at will,
13 2009 within a specified timeframe; providing effective 42 subject to the tenant receiving the 90-day notice under
14 dates, including a contingent effective date. 43 paragraph (a).
15 44
16 Be It Enacted by the Legislature of the State of Florida: 45 This subsection does not affect the requirements for termination
17 46 of any federal- or state-subsidized tenancy or of any state or
18 Section 1. Section 83.561, Florida Statutes, is repealed. 47 local law that provides more time or other additional
19 Section 2. Effective upon the repeal of the federal 48 protections for tenants.
20 Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22, 49 (3) For the purposes of this section:
21 section 83.5615, Florida Statutes, is created to read: 50 (a) A lease or tenancy shall be considered bona fide only
22 83.5615 Protecting Tenants at Foreclosure Act.— 51 if:
23 (1) This section may be cited as the “Protecting Tenants at 52 1. The mortgagor or the child, spouse, or parent of the
24 Foreclosure Act.” 53 mortgagor under the contract is not the tenant;
25 (2) In the case of any foreclosure on a federally-related 54 2. The lease or tenancy was the result of an arms-length
26 mortgage loan or on any dwelling or residential real property 55 transaction; and
27 after the effective date of this section, any immediate 56 3. The lease or tenancy requires the receipt of rent that
28 successor in interest in such property pursuant to the 57 is not substantially less than fair market rent for the property
29 foreclosure shall assume such interest subject to: 58 or the unit’s rent is reduced or subsidized due to a federal,
Page 1 of 3 Page 2 of 3
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Florida Senate - 2020 SB 1362
37-01135B-20 20201362__
59 state, or local subsidy.
60 (b) The term “federally-related mortgage loan” has the same
61 meaning as in 12 U.S.C. s. 2602.
62 (c) The date of a notice of foreclosure shall be deemed to
63 be the date on which complete title to a property is transferred
64 to a successor entity or person as a result of an order of a
65 court or pursuant to provisions in a mortgage, deed of trust, or
66 security deed.
67 Section 3. If the Protecting Tenants at Foreclosure Act of
68 2009, Pub. L. No. 111-22, is repealed, the director of the
69 Division of Consumer Services of the Department of Agriculture
70 and Consumer Services shall notify the Division of Law Revision
71 within 10 days after the repeal.
72 Section 4. Except as otherwise expressly provided in this
73 act, this act shall take effect July 1, 2020.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1580
INTRODUCER: Senator Braynon
SUBJECT: Minority Businesses
DATE: February 11, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Favorable
2. ATD
3. AP
I. Summary:
The bill requires the Department of Economic Opportunity (DEO) to establish a revolving loan
guarantee program modeled after the revolving loan guarantee program created by an agreement
between the DEO and the Urban League of Broward County, Inc. The program is intended to
expand the benefits offered under the current loan guarantee program to assist and support
minority-owned small businesses in urbanized areas. The bill does not contain an appropriation.
The bill takes effect July 1, 2020.
II. Present Situation:
Urban League of Broward County Revolving Loan Guarantee Program
Specific Appropriation 2256A of the 2014-2015 General Appropriations Act appropriated
$1,500,000 to the Urban League of Broward County, Inc., (League) for the purpose of
establishing, administering, and marketing a revolving loan guarantee program (guarantee
program) to stimulate access to credit for under-resourced businesses. The DEO was required to
contract with the League, whose mission is to promote economic and social equality for African
Americans and other disenfranchised minority groups, to administer the grant. The grant
agreement was executed on July 1, 2014, and is set to expire on June 30, 2021.
Per the agreement, $1,000,000 of the grant funds were used to establish a loan loss reserve
account (guarantee funds) to guarantee loans. The League is required to raise non-state funds to
provide and maintain a four-to-one match for state funds, which are set aside to establish a loan
program. The remaining $500,000 was reserved to administer the guarantee program and market
the loan program. The League entered into a sub-grantee agreement with the Urban League of
Jacksonville to perform marketing and outreach services for the guarantee program in North
Florida.
BILL: SB 1580 Page 2
The contract also required the League to procure the services of a community development
organization to underwrite, service, manage, and administer the loan program.
The League may only guarantee loans between $10,000 and $1,000,000 and may only guarantee
up to 50 percent of any loan portfolio. Only entrepreneurs or small businesses located in Florida
with 25 or fewer employees and an average annual gross revenue of $5 million or less may
receive guaranteed loans.
The DEO and the League are subject to auditing and reporting requirements.1
Black Business Loan Program
The Black Business Loan Program (BBLP) was created in 2007 by the Florida Black Business
Investment Act to provide loans, loan guarantees, and investments through loan administrators to
black business enterprises that cannot obtain capital through conventional lending institutions but
could otherwise compete successfully in the private sector. The DEO is authorized to establish
an application and annual certification process for entities seeking to administer loans through
the BBLP.2
A black business investment corporation, a corporation that provides loans, loan guarantees, or
investments to black business enterprises, that is eligible to receive funds and through the BBLP
shall receive priority consideration by the DEO for participation.3
The BBLP was appropriated $2,250,000 in Fiscal Year 2018-2019. In that year, the two current
loan administrators, the Miami Bayside Foundation and the Florida Agricultural and Mechanical
University Federal Credit Union, provided 17 loans or loan guarantees totaling $990,011.4
III. Effect of Proposed Changes:
The bill authorizes the DEO to establish a revolving loan guarantee program modeled after the
revolving loan guarantee program created by Specific Appropriation 2256A of the 2014-2015
General Appropriations Act. The program is intended to expand the benefits offered under the
current program to assist and support minority-owned small businesses in urbanized areas. An
urbanized area, per s. 334.03(35), F.S., means a geographic region comprising as a minimum the
area inside an urban place of 50,000 or more persons. The DEO shall contract with an
organization in the state that is nationally affiliated, has a statewide network in the state, and
promotes economic development for minorities to administer the program.
The bill takes effect July 1, 2020.
1
Florida Department of Economic Opportunity, Grant Agreement between Department of Economic Opportunity and Urban
League of Broward County, Inc., available at
https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=400000&ContractId=SL010 (last visited Feb. 11, 2020).
2
Chapter 2007-157, s. 11, Laws of Fla. (creating s. 288.7102, F.S.)
3
Section 288.7094, F.S.
4
Florida Department of Economic Opportunity, 2018-2019 Annual Report (21), available at
http://floridajobs.org/docs/default-source/communicationsfiles/deo-annual-report-2019.pdf?sfvrsn=bce141b0_4 (last visited
Feb. 11, 2020).
BILL: SB 1580 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
If funded, the bill could increase access to loan funds for minority-owned small
businesses.
C. Government Sector Impact:
The DEO has not yet estimated the bill’s impact on its expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill requires the DEO to create a revolving loan guarantee program “modeled after” the 2014
grant agreement between the DEO and the Urban League of Broward County, Inc. Because the
bill provides no standards for the operation of the program, those standards will be established
not by the Legislature in law but by reference to an agency grant agreement.
BILL: SB 1580 Page 4
The bill requires the DEO to contract with an organization to administer the program. Pursuant to
s. 287.057, F.S., agencies must use the competitive solicitation process found in ch. 287, F.S., for
the procurement of commodities or contractual services in excess of $35,000.
VIII. Statutes Affected:
The bill creates section 288.715 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 SB 1580
By Senator Braynon
35-01360A-20 20201580__
1 A bill to be entitled
2 An act relating to minority businesses; creating s.
3 288.715, F.S.; requiring the Department of Economic
4 Opportunity to establish a revolving loan guarantee
5 program; providing the purpose of the program;
6 requiring the department to contract with an entity
7 meeting certain criteria to administer the program;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 288.715, Florida Statutes, is created to
13 read:
14 288.715 Revolving loan guarantee program.—
15 (1) The department shall establish a revolving loan
16 guarantee program modeled after the revolving loan guarantee
17 program that was created by an agreement between the Urban
18 League of Broward County, Inc., and the department as a result
19 of Specific Appropriation 2256A, chapter 2014-51, Laws of
20 Florida, and has been subsequently amended by the department.
21 (2) The purpose of the program is to expand the benefits
22 offered under the current program to assist and support
23 minority-owned small businesses in urbanized areas, as defined
24 in s. 334.03, throughout this state.
25 (3) The department shall contract with an organization in
26 this state that is nationally affiliated, has a statewide
27 network in this state, and promotes economic development for
28 minorities to administer the program.
29 Section 2. This act shall take effect July 1, 2020.
Page 1 of 1
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The Florida Senate
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(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
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Topic f > Vt I C , t- . . sT.'
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Name t "'- } i
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Job Title . t f ¦ -~;i r : ,,-
Address ; £ <
Street Phone
' >'Acv.
'ity
A Email \ \\
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Speaking: Ofot Q Against Q Information
Waive Speaking: In Support C Against
(The Chair will read this information into the record.)
Representing i, i
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This form is part of the public record for this meeting.
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1600
INTRODUCER: Senator Powell
SUBJECT: Black Business Loan Program
DATE: February 11, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Fav/CS
2. ATD
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1600 amends the Black Business Loan Program (program) to require that the application
process and the annual certification process for the program be two separate and distinct
processes. The bill also allows recipients of the program’s funds to use funds provided by public
agencies to meet the required 20 percent match and makes the eligibility requirements for new
recipients applicable to existing recipients.
The bill takes effect July 1, 2020.
II. Present Situation:
The Black Business Loan Program was created in 2007 by the Florida Black Business
Investment Act to provide loans, loan guarantees, and investments through loan administrators to
black business enterprises that cannot obtain capital through conventional lending institutions but
could otherwise compete successfully in the private sector.1
The Department of Economic Opportunity (DEO) is authorized to establish an application and
annual certification process for entities seeking to provide loans, loan guarantees, or investments
through the program. The DEO must process applications submitted by June 1 on or before July
31.2
1
Chapter 2007-157, s. 11, Laws of Fla. (creating s. 288.7102, F.S.)
2
Section 288.7102(2), F.S.
BILL: CS/SB 1600 Page 2
To be eligible to receive funds to provide loans, loan guarantees, or investments to a black
business enterprise, a recipient must be a corporation registered in the state. A recipient new to
the program must also demonstrate that:3
Its board of directors includes citizens of the state experienced in the development of black
business enterprises;
The recipient has a business plan that allows the recipient to operate in a manner consistent
with this section and the rules of the DEO;
The recipient has the technical skills to analyze and evaluate applications by black business
enterprises for loans, loan guarantees, or investments;
The recipient has established viable partnerships with public and private funding sources,
economic development agencies, and workforce development and job referral networks; and
The recipient can provide a private match equal to 20 percent of the amount of funds
provided by the DEO.
New and existing recipients must agree to maintain books and records relating to funds received
by the DEO and to make such books and records available to the DEO for inspection upon
reasonable notice.4 An existing recipient must submit to the DEO an annual financial audit
performed by an independent certified public accountant5 and a quarterly report containing a
summary of the recipient’s performance of the duties required by the program within 15 days of
the end of each calendar quarter.6
If the Legislature appropriates funding to the program, the DEO must divide the appropriation by
the total number of program recipients certified on or before July 31 of the fiscal year the
appropriation is received. These equal amounts will then be distributed by the DEO to the
recipients.7
Before a recipient can be awarded funds, the DEO must issue a letter certifying the recipient as
eligible, and the DEO and the recipient must enter into an agreement that sets forth the
conditions for the award of funds. The agreement must include the total amount of funds
awarded, the performance conditions that must be met, and sanctions for the failure to meet
performance conditions.8
In order to be eligible to receive a loan, loan guarantee, or investment from a recipient of funds
distributed by the DEO, a black business enterprise must demonstrate that:9
The proposed loan, loan guarantee, or investment is economically sound and will assist the
black business enterprise in entering the conventional lending market, increasing
opportunities for employment, and strengthening the economy of the state; and
The black business enterprise will be able to compete successfully in the private sector if the
black business enterprise obtains the requested financial assistance and has obtained or will
3
Section 288.7102(4), F.S.
4
Section 288.7102(4)(d), F.S.
5
Section 288.7102(4)(b), F.S.
6
Section 288.714, F.S.
7
Section 288.7102(3), F.S.
8
Section 288.7102(6), F.S.
9
Section 288.7103, F.S.
BILL: CS/SB 1600 Page 3
obtain appropriate and credible technical or managerial support through an organization
approved by the corporation.
A black business investment corporation, a corporation that provides loans, loan guarantees, or
investments to black business enterprises, that is eligible to receive funds and through the
program shall receive priority consideration by the DEO for participation in the program.10
The program was appropriated $2,250,000 in Fiscal Year 2018-2019. That year, the two current
loan administrators, the Miami Bayside Foundation and the Florida Agricultural and Mechanical
University Federal Credit Union, provided 17 loans or loan guarantees totaling $990,011.11
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 288.7102, F.S., to require that the application process and the
annual certification process for the Black Business Loan Program be two separate and distinct
processes. The DEO must consider an applicant’s need, ability, and past performance providing
similar business development services when assessing applications. The loan application must:
Indicate the maximum possible score an applicant may achieve for each required section of
the application;
Indicate that the required cash match funds may be funds that were provided by a public
agency;
Require an applicant to document his or her past performance under any similar business
development program; and
Require an applicant indicate whether he or she previously provided loans, loan guarantees,
or investments to black business enterprises as an employee of a public agency, and, if so,
identify the programs for which such services were performed.
Under current law, an existing recipient must submit to the DEO an annual financial audit
performed by an independent certified public accountant. The bill amends s. 288.7102(4)(b),
F.S., to require recipients to submit a financial audit performed by an independent certified
public accountant in order to be eligible to receive funds; existing recipients must annually
submit such an audit. The bill specifies that existing recipients must also meet the eligibility
requirements currently required of new recipients found in s. 288.7102(4)(c), F.S.
Section 2 reenacts s. 288.7094, F.S., to conform to the bill’s provisions.
Section 3 provides that the bill takes effect July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
10
Section 288.7094, F.S.
11
Florida Department of Economic Opportunity, 2018-2019 Annual Report (21), available at
http://floridajobs.org/docs/default-source/communicationsfiles/deo-annual-report-2019.pdf?sfvrsn=bce141b0_4 (last visited
Feb. 11, 2020).
BILL: CS/SB 1600 Page 4
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Recipients of the program’s funds will be able to use funds provided by a public agency
to meet the required 20 percent funding match.
C. Government Sector Impact:
The DEO has not yet estimated the bill’s impact on its expenditures. However, the impact
will likely be minimal.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Line 27 of the bill requires the DEO to consider an applicant’s “need” when assessing
applications, but the bill provides no standards by which to determine “need.”
Line 43 of the bill requires the loan application to indicate that the required cash match funds
may be funds that were provided by a public agency. Current law requires recipients of the
program’s funds to demonstrate they can provide a “private match” equal to 20 percent of the
amount of funds provided by the DEO.
The bill requires the “loan application” to include certain components. The term “loan
application” is potentially misleading because the application is for entities seeking funds to
participate as loan administrators, not entities applying for a loan. The applications must
BILL: CS/SB 1600 Page 5
“indicate the maximum possible score an applicant may achieve for each required section of the
application,” but neither the bill nor current statute provide any guidelines for scoring.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 288.7102 and
288.7094.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on February 11, 2020:
Amends language pertaining to an applicant’s past performance providing similar
business development services;
Reverts the required match amount back to 20 percent of the program’s funds; and
Allows recipients to use funds provided by a public agency for the required match.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1600
Ì431634!Î431634
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/11/2020 .
.
.
.
The Committee on Commerce and Tourism (Powell) recommended the
following:
1 Senate Amendment
2
3 Delete lines 27 - 68
4 and insert:
5 consider an applicant’s need, ability, and past performance
6 providing similar business development services Florida Black
7 Business Investment Act. The department shall process all
8 applications and recertifications submitted by June 1 on or
9 before July 31.
10 (b) The loan application must:
Page 1 of 3
2/10/2020 8:31:07 AM 577-03325-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1600
Ì431634!Î431634
11 1. Indicate the maximum possible score an applicant may
12 achieve for each required section of the application;
13 2. Require an applicant to:
14 a. Document his or her past performance under any similar
15 business development program; and
16 b. Indicate whether he or she previously provided loans,
17 loan guarantees, or investments to black business enterprises as
18 an employee of a public agency, as defined in s. 288.9603, and,
19 if so, identify the programs for which such services were
20 performed; and
21 3. Indicate that the required cash match funds may be funds
22 that were provided by a public agency.
23 (4) To be eligible to receive funds and provide loans, loan
24 guarantees, or investments under this section, a recipient must:
25 (b) For an existing recipient, annually Submit to the
26 department a financial audit performed by an independent
27 certified public accountant for the most recently completed
28 fiscal year, which audit does not reveal any material weaknesses
29 or instances of material noncompliance. An existing recipient
30 must annually submit such audit.
31 (c) New and existing recipients must For a new recipient:
32 1. Demonstrate that its board of directors includes
33 citizens of the state experienced in the development of black
34 business enterprises.
35 2. Demonstrate that the recipient has a business plan that
36 allows the recipient to operate in a manner consistent with this
37 section and the rules of the department.
38 3. Demonstrate that the recipient has the technical skills
39 to analyze and evaluate applications by black business
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2/10/2020 8:31:07 AM 577-03325-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1600
Ì431634!Î431634
40 enterprises for loans, loan guarantees, or investments.
41 4. Demonstrate that the recipient has established viable
42 partnerships with public and private funding sources, economic
43 development agencies, and workforce development and job referral
44 networks.
45 5. Demonstrate that the recipient can provide a private
46 match equal to 20 percent of the amount of funds provided by the
Page 3 of 3
2/10/2020 8:31:07 AM 577-03325-20
Florida Senate - 2020 SB 1600 Florida Senate - 2020 SB 1600
By Senator Powell
30-01296-20 20201600__ 30-01296-20 20201600__
1 A bill to be entitled 30 before July 31.
2 An act relating to the Black Business Loan Program; 31 (b) The loan application must:
3 amending s. 288.7102, F.S.; requiring that the 32 1. Indicate the maximum possible score an applicant may
4 application process and the annual certification 33 achieve for each required section of the application;
5 process for the Black Business Loan Program be 34 2. Require an applicant to:
6 separate and distinct processes; requiring the 35 a. Document his or her past performance under any similar
7 department to consider certain factors when assessing 36 business development program; and
8 applications; requiring that applications contain 37 b. Indicate whether he or she previously provided loans,
9 certain information; revising eligibility requirements 38 loan guarantees, or investments to black business enterprises as
10 for recipients under the program; reenacting s. 39 an employee of a public agency, as defined in s. 288.9603, and,
11 288.7094(2), F.S., relating to black business 40 if so, identify the programs for which such services were
12 investment corporations; providing an effective date. 41 performed; and
13 42 3. Indicate that the required cash match funds may not be
14 Be It Enacted by the Legislature of the State of Florida: 43 funds that were provided by a public agency.
15 44 (4) To be eligible to receive funds and provide loans, loan
16 Section 1. Subsection (2) and paragraphs (b) and (c) of 45 guarantees, or investments under this section, a recipient must:
17 subsection (4) of section 288.7102, Florida Statutes, are 46 (b) For an existing recipient, annually Submit to the
18 amended to read: 47 department a financial audit performed by an independent
19 288.7102 Black Business Loan Program.— 48 certified public accountant for the most recently completed
20 (2)(a) The department shall establish an application 49 fiscal year, which audit does not reveal any material weaknesses
21 process and an annual certification process for entities seeking 50 or instances of material noncompliance. An existing recipient
22 funds to participate in providing loans, loan guarantees, or 51 must annually submit such audit.
23 investments in black business enterprises pursuant to the Black 52 (c) Regardless of whether it is a new or an existing
24 Business Loan Program. The application process and the annual 53 recipient For a new recipient:
25 certification process must be two separate and distinct 54 1. Demonstrate that its board of directors includes
26 processes. When assessing applications, the department shall 55 citizens of the state experienced in the development of black
27 consider an applicant’s need, ability, and track record Florida 56 business enterprises.
28 Black Business Investment Act. The department shall process all 57 2. Demonstrate that the recipient has a business plan that
29 applications and recertifications submitted by June 1 on or 58 allows the recipient to operate in a manner consistent with this
Page 1 of 3 Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2020 SB 1600
30-01296-20 20201600__
59 section and the rules of the department.
60 3. Demonstrate that the recipient has the technical skills
61 to analyze and evaluate applications by black business
62 enterprises for loans, loan guarantees, or investments.
63 4. Demonstrate that the recipient has established viable
64 partnerships with public and private funding sources, economic
65 development agencies, and workforce development and job referral
66 networks.
67 5. Demonstrate that the recipient can provide a private
68 match equal to 20 percent of the amount of funds provided by the
69 department.
70 Section 2. For the purpose of incorporating the amendment
71 made by this act to section 288.7102, Florida Statutes, in a
72 reference thereto, subsection (2) of section 288.7094, Florida
73 Statutes, is reenacted to read:
74 288.7094 Black business investment corporations.—
75 (2) A black business investment corporation that meets the
76 requirements of s. 288.7102(4) is eligible to participate in the
77 Black Business Loan Program and shall receive priority
78 consideration by the department for participation in the
79 program.
80 Section 3. This act shall take effect July 1, 2020.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
It
Meeting Date
Bill Number (if applicable)
Topic I v. - -. I tv, , t :-.
Amendment Barcode (if applicable)
Name » i - i
Job Title j 1 J
Address !
j . ni' Phone
Street 2d
tl Email - ll/
City State -l L
Zip
Speaking: LJFor Against (~~1 Information
Waive Speaking: fs/ 1 In Support 1 1 Against
(The Chair will read this information into the record.)
Representing
f x
Appearing at request of Chair: C es Q No
Lobbyist registered with Legislature: jx/lves No
This form is part of the public record for this meeting
3-001(10/14/14)
CourtSmart Tag Report
Room: EL 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 2/11/2020 10:04:03 AM
Ends: 2/11/2020 11:59:44 AM Length: 01:55:42
10:04:02 AM Chair called meeting to order
10:04:08 AM Brittany call roll
10:04:15 AM SB 900 is TP's
10:04:44 AM SB 1214, Senator Baxley
10:05:54 AM Jeff Kottkamp, FL Structural Engineers Assoc., waive in support
10:05:57 AM Thomas Grogan, FL Structural Engineers Assoc., Waive in support
10:06:03 AM Christorpher Childers, FL Structural Engineers Assoc., Waive in support
10:06:10 AM Doug Barkley, FL Engineering Society, Waive in support
10:06:25 AM Senator Stewart, question
10:07:01 AM Roll call on SB 1214 - favorable
10:07:17 AM SB 54, Senator Book
10:09:17 AM Senator Stewart, question
10:09:45 AM Zayne Smith, AARP, Waive in support
10:09:51 AM Barbara DeVane, FL NOW
10:10:03 AM Roll call on SB 54 - favorable
10:10:30 AM
10:10:31 AM SB 1580, Sen. Braynon
10:11:46 AM Daphnee Sainvil, Broward Co. Board of Co. Commissioners
10:12:01 AM Roll call on SB 1580 - favorable
10:12:16 AM SB 1362, Sen. Rodriguez
10:12:16 AM
10:13:09 AM Roll call on SB 1362 - favorable
10:13:28 AM SB 1600, Sen. Powell
10:14:31 AM Chair called meeting to order, and took up Amendment 431634 by Sen. Powell
10:14:56 AM Amendment adopted
10:15:07 AM Daphnee Sainvil, Broward Co. Board of Co. Commissioners, Waive in support
10:15:21 AM SB 1600- favorable
10:15:57 AM Committee in temp. recess
10:24:52 AM Chair calls meeting back to order
10:25:00 AM SB 1128, Vacation Rentals by Sen. Diaz -- presented by Sen. Hutson
10:25:24 AM 758236, Delete all amendment
10:28:16 AM
10:28:20 AM 108712, late filed amendment by Sen. Stewart
10:30:48 AM Jen Ahearn - Koch, Sarasota Mayor, speaking in support of amendment
10:32:33 AM Casey Cook, League of Cities
10:34:25 AM Sen. Hutson, question to speaker
10:34:41 AM Response of Mr. Cook
10:35:40 AM Sen. Hutson comments
10:36:19 AM Sen. Stewart close on amendment
10:36:59 AM Amendment fails.
10:37:15 AM Sen. Torres offers motion to be shown voting YES on the following bills -- SB 54, Sb 1214, SB 1362, SB
1580, SB 1600
10:38:14 AM Sen. Hutson offers motion to be shown voting YES on the following bills -- SB 14, SB 54, and Sb 1580
10:38:35 AM Committee in Temp recess
10:39:51 AM Chair calls meeting back
10:40:05 AM Vice Mayor, Larisa Svechin, City of Sunny Isles Beach
10:40:47 AM Sheila Duffy-Lehrman
10:44:21 AM Michelle Burger, City of Miami Beach
10:47:37 AM Travis Moore, St. Petersburg
10:48:00 AM Bob Sklar, Valencia Lakes HOA
10:49:35 AM Warren Husband, FL Rest. & Lodging Assoc.
10:52:11 AM Mark Anderson, CEO of Management Companies
10:53:46 AM Amendment 758236 is adopted
10:54:19 AM Kimberly Glas-Castro, Vice Mayor Lake Park
10:55:48 AM Debbie McDowell, N. Port, FL
10:57:12 AM Mindy Gibson, Vice Mayor City of Satellite Beach
10:58:32 AM Michael O'Rourke, Mayor Town of Lake Park
10:59:37 AM Brenda City of Rockledge
11:00:06 AM Jean Hulse, Tallahassee
11:04:18 AM Ernie Bach, Silver Haired Legislature
11:09:23 AM Willie Shaw, Commissioner, Sarasota, FL League of Cities
11:11:12 AM Courtney Barker, City Manager, City of Satellite Beach
11:12:55 AM Mike Miller, Cocoa Beach
11:14:33 AM Dominick Montanaro, City of Satellite Beach
11:16:28 AM Mark Ryan, Indian Harbour Beach
11:18:45 AM Roxanne Horvath, City of St. Augustine
11:21:33 AM Julie Fishman, Commissioner, City of Tamarac
11:31:18 AM Jack Cory, Tequster
11:32:27 AM Blake Souder, St. Augustine
11:34:05 AM Denis Hanks, Ex. Dir., FL Vacation Rental Managmenet Assoc.
11:36:19 AM Annette Vedseguard-Ross, Gulfport
11:38:08 AM Emily Genovar, St. Augustine
11:41:59 AM Rita Coates, City of St. Augustine
11:44:19 AM Stacy Hume, St. Augustine
11:46:11 AM Sarah Boselli Neves, Windermere (8 yr old)
11:47:33 AM Shelli Eddie, Sarasota
11:51:20 AM Motion by Sen. Hutson to end public testimony
11:51:47 AM Chair reads remainder of appearance cards into record
11:52:55 AM Motion of Sen. Stewart to reconsider Amendment 108712
11:53:19 AM Roll call vote
11:53:29 AM Amendment motion fails to reconsider.
11:53:45 AM Sen. Wright comment in debate of bill
11:54:28 AM Sen. Stewart comment in debate
11:55:36 AM Sen. Torres in debate
11:56:03 AM Sen. Hutson in debate of bill
11:58:21 AM Sponsor Diaz close on bill as amended
11:58:59 AM Roll call on SB 1128
11:59:10 AM SB 1128 pass favorable
11:59:20 AM Sen. Wright motions to Vote YES on SB 1600
11:59:31 AM Adjourment
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