Meeting Packet - Florida House of Representatives Commerce Committee (February 20, 2020)
Summary
A meeting packet for the Commerce Committee of the Florida House of Representatives, meeting on Thursday, February 20, 2020 at 9:00 am, with Mike La Rosa as Chair. The meeting agenda lists bills for consideration, including CS/HB 9 Damages, CS/HB 991 Lottery Games, CS/HB 1011 Vacation Rentals and HB 7089 Nicotine Products, and a proposed committee substitute, PCS for CS/HB 1139 -- Economic Development. The packet includes the staff analysis of CS/HB 9 Damages, which begins by defining a tort as a civil wrong for which the law provides a remedy. It ends with committee amendment text for PCS for CS/HB 1139.
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 Committee
Thursday, February 20, 2020
9:00 AM -12:00 PM
Webster Hall (212 Knott)
Meeting Packet
Jose Oliva Mike La Rosa
Speaker Chair
The Florida House of Representatives
Commerce Committee
Jose Oliva Mike La Rosa
Speaker Chair
Meeting Agenda
Thursday, February 20, 2020
9:00 am - 12:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
Ill. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/HB 9 Damages by Civil Justice Subcommittee, Leek
• CS/HB 359 Insurance by Insurance & Banking Subcommittee, Santiago
• CS/HB 529 Insurance Guaranty Associations by Insurance & Banking
Subcommittee, Webb
• CS/CS/HB 689 Department of Business and Professional Regulation by
Government Operations & Technology Appropriations Subcommittee,
Business & Professions Subcommittee, Rodriguez, A.
• CS/HB 991 Lottery Games by Government Operations & Technology
Appropriations Subcommittee, Robinson
• CS/HB 1011 Vacation Rentals by Government Operations & Technology
Appropriations Subcommittee, Fischer, La Rosa
• CS/HB 1095 Underground Facility Damage Prevention and Safety by
Energy & Utilities Subcommittee, Fitzenhagen
• HB 1193 Deregulation of Professions and Occupations by lngoglia
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
• HB 1211 Reinsurance by Jones
• CS/HB 1353 Private Security Services by Business & Professions
Subcommittee, Polsky, Plakon
• HB 7089 Nicotine Products by Health Market Reform Subcommittee,
Toledo
Consideration of the following proposed committee substitute(s):
• PCS for CS/HB 1139 -- Economic Development
V. Closing Remarks
VI. Adjournment
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 9 Damages
SPONSOR(S): Civil Justice Subcommittee, Leek and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 10 Y, 4 N, As CS Jones Luczynski
2) Commerce Committee Fortenber
3) Judiciary Committee
SUMMARY ANALYSIS
A tort is a civil wrong for which the law provides a remedy. The purpose of tort law is to fairly compensate a
person harmed by another person's wrongful acts, whether intentional or negligent. In a negligence action in
Florida, the compensation a plaintiff recovers is reduced to the extent the plaintiff or a third party contributed to
the injury.
A healthy tort liability system benefits society by compensating injured parties fairly, resolving disputes, and
discouraging undesirable behavior. A flawed tort liability system, in contrast, may be detrimental to society
because it may increase costs and disputes, raise insurance premiums and healthcare costs, and stifle
economic growth.
In a personal injury tort case, a court may award an injured person damages for past and future medical
expenses. Generally, it is the jury's duty to determine an accurate amount to award for such medical expenses.
When a jury is aware of the billed amount of a medical procedure-which may be artificially high-but remains
unaware of the amount typically paid by other patients for similar services in the same area, it may reasonably
conclude the plaintiff's damages are more severe than they actually are. Jurors may inadvertently use the
billed amount as a benchmark from which to calculate-and thereby inflate-other damages, such as
noneconomic damages and future medical expenses.
The bill requires that in personal injury and wrongful death actions to recover medical damages, a jury must
only hear evidence of medical expenses based on the usual and customary amounts actually received by
medical providers. This ensures a jury will rely on the most accurate information available to calculate
damages to be awarded.
The bill has no impact on local or state government revenues or expenditures. The bill may have a positive
direct economic impact on the private sector.
The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida's Tort Liability System
A tort is a civil wrong for which the law provides a remedy. The purpose of tort liability law is to fairly
compensate a person harmed by someone else's intentional or negligent wrongful act.
When a state's tort liability system is functioning properly, it:
• Provides a fair and equitable forum to resolve disputes;
• Appropriately compensates legitimately harmed persons;
• Shifts the loss to responsible parties;
• Provides an incentive to prevent future harm; and
• Deters undesirable behavior. 1
A flawed tort liability system may be unpredictable and may generate higher levels of damages
awarded in litigation, causing:
• Increased costs across the economy;
• Increased risks and costs of doing business;
• Greater incentives to file meritless lawsuits;
• Higher insurance premiums;
• Increased healthcare costs;
• Declining availability of medical services; and
• Deterrence of economic development and job creation activities. 2
According to the United States (U.S.) Chamber of Commerce Institute for Legal Reform's 2019 "Lawsuit
Climate Survey" (Survey), Florida has the fifth-worst tort liability system. 3 The Survey's questionnaire
asked respondents to grade each state's liability system on the following criteria:
• Overall treatment of tort and contract litigation;
• Enforcing meaningful venue requirements;
• Treatment of class action suits and mass consolidation suits;
• Damages;
• Proportional discovery;
• Scientific and technical evidence;
• Trial judge impartiality and competence;
• Fairness of juries; and
• Quality of appellate review.
The Survey noted that the City of Miami and Miami-Dade County are among a small number of local
jurisdictions in the U.S. known for having a particularly unfair and unreasonable litigation environment. 4
1
Am. Jur. 2d Torts s. 2.
2 The Perryman Group, Potential Economic Benefits of Tort Reform in Florida, Citizens Against Lawsuit Abuse (Sept. 2018),
https://cdn.p2a.co/385013/PKpghW4BPS15392676823kGn5yy2F1 (last visited Jan. 29, 2020).
3
2019 Lawsuit Climate Survey: Ranking the States, U.S. Chamber Institute for Legal Reform (Sept. 2019),
https://www.instituteforlegalreform.com/uploads/sites/1/2019 Lawsuit Climate Survey - Ranking the States.pdf. (last visited Jan. 29,
2020).
4
Id. at 9.
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The American Tort Reform Foundation's annual report places Florida on its 'Watch List," indicating that
it considers Florida to have a history of "abusive litigation or troubling developments. "5 The report's
summary acknowledges, however, that "Florida took great strides toward improving its legal climate in
2019."6
The financial and economic impacts of the tort liability system are substantial. In 2016, the costs and
compensation paid in the U.S. tort liability system totaled $429 billion, or 2.3 percent of national gross
domestic product (GDP).7 Relative to state GDP, Florida has higher tort liability system costs than any
other state, at 3.6 percent. 8 In 2016, the total costs and compensation paid within Florida's tort liability
system was equivalent to $4,442 for every household in the state. 9 Excessive tort costs in Florida are
estimated to annually cost the state economy:
• $7.6 billion in direct costs;
• $11.8 billion in annual output;
• 126, 139 jobs; 10
• $614.8 million in State revenues; and
• $516 million in local government revenues. 11
Calculation of Damages for Medical Expenses in Tort Cases
The aim of tort law is to fairly compensate an injured person for another person's wrongful act. To this
end, a court may award an injured person damages for past and future medical expenses. 12
Collateral Source Rule
At common law, the collateral source rule prohibited courts from reducing damages for benefits
plaintiffs received from collateral sources, like insurance payments or contractual discounts negotiated
by plaintiffs' health maintenance organizations. 13 The existence of such collateral sources was
inadmissible at trial based on the rationale that such evidence could mislead the jury on the issue of
liability and cause the jury to believe the plaintiff was seeking multiple payments for the same injury. 14
An injured person in a personal injury action could recover the full value of the medical services billed,
regardless of whether the injured person paid the full amount to the medical provider.
The Legislature modified the collateral source rule by enacting the Tort Reform and Insurance Act of
1986 (the Act). 15 The Act requires a court to reduce an award by the total amount of all collateral
sources the plaintiff receives, unless a subrogation or reimbursement right 16 exists. 17 A court can
5
American Tort Reform Foundation, Judicial Hellholes 2019/2020 Executive Summary, https://www.judicialhellholes.org/2019-
2020/executive-summary/ (last visited Jan. 29, 2020).
6 Id.
7
Paul Hinton, David McKnight, and Lawrence Powell, Costs and Compensation of the U.S. Tort System, U.S. Chamber Institute for
Legal Reform (Oct. 24, 2018), https://www.instituteforlegalreform.com/research/2018-costs-and-compensation-of-the-us-tort-system
(last visited Jan. 29, 2020).
a Id.
9 Id.
10
The Perryman Group, supra note 2, at 11-13 (calculating the number of Florida jobs lost by comparing Florida to Ohio and using
integrated simulations to measure the dynamic effects on productivity and other economic phenomena).
11
Id. (calculating these figures by comparing Florida to the benchmark state of Ohio, which has enacted tort reforms and ranks near the
middle of the Institute for Legal Reform rankings).
12 17 Fla. Jur 2d Damages s. 7.
13 Robert E. Gordon & Justin Linn, Goble, Thyssenkrupp, and the Collateral Source Rule: Resolving the Ongoing Conflict, 84 Fla. B.J.
18 (2010).
14 Gonnley v. GTE Prods. Corp., 587 So. 2d 455,458 (Fla. 1991).
15 Ch. 86-160, Laws of Fla.; Gordon & Linn, supra note 13 at 18.
16
"Subrogation" is a process where an insurer pays a loss under an insurance policy and is entitled to all of the rights and remedies
belonging to the insured. Black's Law Dictionary (10th ed. 2014). A court's reduction of damages when a right of reimbursement or
subrogation exists can cause an inaccurately low award.
17
S. 768.76(1), F.S.
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reduce past and future damages, but the modified collateral source rule still prohibits a jury from
hearing evidence of collateral sources at trial. 18
Medical Billing and Letters of Protection
In a typical personal injury case, a plaintiff receives treatment from a health care provider for his or her
injuries. Different providers may have different rates for the same procedure based on various factors. 19
The amount billed (list price) of the procedure is rarely the price actually paid. A third party, such as an
insurance company, rather than the patient, often negotiates the price of the procedure. The difference
between the list price and the amount paid (the negotiated price), if awarded, is a windfall to the
plaintiff, called phantom damages. 20
When a plaintiff is treated for injuries, he or she may agree to a letter of protection with the medical
provider, which sets the value of the medical care rendered. Under a letter of protection, a medical
provider agrees to defer collection on a bill for services until the plaintiff recovers damages from a
lawsuit, at which point the medical provider is paid from the lawsuit's proceeds. The letter of protection's
valuation of the medical bills may not accurately reflect what the plaintiff would pay out-of-pocket or
what a third party would pay. 21
Judicial Decisions
Case law on admissibility of collateral source medical payments in Florida is sometimes inconsistent. In
Florida Physician's Insurance Reciprocal v. Stanley, 452 So. 2d 514 (Fla. 1984), the Florida Supreme
Court (Court) ruled that the jury could consider the value of unearned governmental or charitable
medical services to determine the reasonable cost of the plaintiff's future medical care. 22
In 2015, the Court retreated from its decision in Stanley, holding Medicare, Medicaid, and "social
legislation benefits" inadmissible for the purpose of determining the reasonable cost of future medical
care. 23 The Court reasoned that the Stanley decision was too difficult for courts to apply and that
tortfeasors and their insurers should "not enjoy such a windfall at the expense of taxpayers who fund
social legislation benefits. "24
The Fourth District Court of Appeal (DCA) held that if Medicare or another governmental plan paid for
past medical care, the jury should be free to consider the amounts actually paid by the governmental
plan; and that any verdict for past medical expenses should be reduced to the amount Medicare
actually paid to the provider. 25 The Fourth DCA has also held that evidence of entitlement to future
Medicaid benefits is inadmissible where such evidence is not relevant to the issue of the plaintiff's
future medical care. 26 In another case, a medical provider billed the plaintiff, and the plaintiff's private
health insurer paid an amount less than the billed amount due to a contract between the provider and
insurer. 27 The Court required the jury's award reduced to the amount actually paid. 28
18 Gordon & Linn, supra note 13 at 18 (citing Gormley, 587 So.2d at 458); see Victor E. Schwartz & Cary Silverman, Truth in Damages:
Florida Junes Should Base Personal Injury Awards on Actual Costs of Treatment, Not Inflated Medical Bills,
https://www.fljustice.org/files/124353479.pdf (last visited Jan. 29, 2020).
19
Sarah Kliff and Dan Keating, One Hospital Charges $8,000--Another, $38,000, Washington Post (May 8, 2013),
https://www. was hi ngtonpost.com/news/wonk/wp/2013/05/08/one-hospital-charges-8000-another-38000/?utm term=. ec6886353b67
(last visited Jan. 29, 2020).
20 Goble v. Frohman, 901 So. 2d 830, 832 (Fla. 2005).
21
Caroline C. Pace, Tort Recovery for Medicare Beneficiaries: Procedures, Pitfalls and Potential Values, 49-APR Hous. Law. 24, 27
(2012).
22 Flonda Physician's Ins. Reciprocal v. Stanley, 452 So. 2d 514, 515 (Fla. 1984).
23
Joerg v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247, 1256-57 (Fla. 2015).
24 Id. at 1256.
25
Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547 (Fla. 4th DCA 2003).
26 Velilla v. VIP Care Pavilion, Ltd., 861 So. 2d 69, 71-72 (Fla. 4th DCA 2003).
27 Goble, 901 So. 2d at 832; see also Nationwide Mut. Fire Ins. Co. v. Harrell, 53 So. 3d 1084 (Fla. 1st DCA 2010).
28 Id.
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In contrast, where the plaintiff was not insured and personally negotiated his bills to a lower amount, the
Fourth DCA held the jury should hear evidence of the originally-charged amount of the bills, reasoning
that the lower price the plaintiff actually paid was negotiated rather than received from a gratuitous
source. 29
When a jury is aware of the billed amount but remains unaware of the amount typically paid by other
patients for similar services in the same geographic area, it may reasonably conclude the plaintiff's
damages are more severe than they actually are. Moreover, jurors may inadvertently use the artificially
high billed amount as a benchmark from which to calculate-and thereby inflate-other damages, such
as noneconomic damages and future medical expenses. 30
Effect of Proposed Changes
The bill requires that, in an action for personal injury or wrongful death to recover past, present, or
future medical damages, a jury only hears evidence of medical expenses based on the usual and
customary amounts received by a service provider in the same geographic area. If the plaintiff is due
reimbursement through insurance or government health care coverage, the amounts paid or payable
under that coverage is considered the usual and customary amount for purposes of the figure the jury
hears.
Requiring a jury to consider only evidence that accurately reflects the amount a medical provider
receives rather than the amount a medical provider charges in a bill ensures the jury does not rely on
inaccurate information when calculating damages.
The bill provides an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1: Amends s. 768.042, F.S., relating to damages.
Section 2: Provides an effective date of July 1, 2020.
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
29 Durse v. Henn, 68 So. 3d 271, 277 (Fla. 4th DCA 2011).
°
3
Florida House of Representatives, Civil Justice Subcommittee Meeting Packet, Feb. 20, 2019,
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&Committeeld=3022&Session=2019
&DocumentType=Meeting Packets&FileName=cjs 2-20-19.pdf (last visited Jan. 29, 2020).
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2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
To the extent the bill lowers tort costs, then costs for certain insurance products, medical services, and
other products and services may also be lower.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 29, 2020, the Civil Justice Subcommittee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The amendment:
• Deleted the requirement that a jury must consult a database to calculate medical damages.
• Clarified that the bill applies to evidence regarding past, present, and future medical expenses, not just
past expenses.
• Required that evidence regarding medical expenses must be based on the amount usually received by
a service provider.
• Required that, if the plaintiff is entitled to health insurance or government health coverage
reimbursement, the medical expense amount the jury hears must be the reimbursement amount.
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 9 2020
1 A bill to be entitled
2 An act relating to damages; amending s. 768.042, F.S.;
3 requiring that certain medical expenses in personal
4 injury claims be based on certain usual and customary
5 amounts received; specifying situations in which
6 certain health coverage must be considered usual and
7 customary amounts received; deleting an obsolete
8 provision; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (2) of section 768.042, Florida
13 Statutes, is amended to read:
14 768.042 Damages.-
15 (2) In any claim for damages relating to personal injury
16 to a claimant, evidence regarding the past, present, or future
17 medical expenses must be based on the usual and customary
18 amounts received by a service provider for the same or similar
19 services in the community in which the medical expenses are, or
20 are reasonably probable to be, incurred. Evidence of usual and
21 customary amounts received may not include evidence of increased
22 or additional charges based on the outcome of litigation. If the
23 claimant is entitled to reimbursement through any public or
24 private health insurance or governmental health coverage, the
25 amounts paid or payable under the insurance or governmental
Page 1 of 2
CODING: Words strioken are deletions; words underlined are additions.
hb0009-01-c1
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 9 2020
26 health coverage must be considered the usual and customary
27 amounts received for purposes of this subsection The provisions
28 of this section shall not apply to any com.plaint filed prior to
29 May 20, 1975.
30 Section 2. This act shall take effect July 1, 2020.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb0009-01-c1
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 359 Insurance
SPONSOR(S): Insurance & Banking Subcommittee; Santiago
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 15 Y, 0 N, As CS Lloyd Cooper
2) Commerce Committee Uoy •• Hamon
SUMMARY ANALYSIS
The bill makes the following changes regarding insurance:
• Motor Vehicle Salvage - Current Florida law exceeds the federal standard for motor vehicle odometer
disclosures. The bill conforms the requirements for electronic signature security to the federal requirements.
• Workers' Compensation Payments to Injured Workers - Lost wages may be paid to the injured worker by
check, direct deposit to a financial institution or a prepaid card. The bill allows payment, upon authorization of
the injured worker, by sending money electronically via an account with a state licensed money transmitter.
• Civil Remedies Against Insurers - Florida law requires a pre-suit notice 60 days prior to suing on a bad faith
claim, but no particular insurer address is specified. The bill establishes the insurer name and address for
delivery of the notice. It starts the 60 days from the day the insurer receives the notice. Also, it extends the
statute of limitation for 60 days, if the property appraisal process is invoked in the claim.
• Insurer Trade Secrets - Insurer trade secrets are protected by law (but are not confidential and exempt
public records). The bill prohibits the publishing or dissemination of aggregate information containing
protected trade secret information when the information can be extrapolated from the aggregate information.
• Insurance Ratemaking and Form Filing Deadlines - The bill extends the closure of the Office of Insurance
Regulation's (OIR) review period for property and casualty rate and form filings to the close of the following
business day if the deadline falls on a weekend or holiday.
• Hurricane Modeling - Current law establishes criteria for the Florida Commission on Hurricane Loss
Projection Methodology regarding hurricane loss models and prescribes how approved models affect OIR's
approval of a rate filing. The bill establishes that OIR may not disapprove a homeowner's insurance rate filing
solely because the rate filing uses an average of approved hurricane models.
• Use of Secondary Legal Authority - The bill provides that a statement of liability insurance law by a
secondary authority that conflicts with the federal or state constitution or Florida's statutes, case law, or
common law does not constitute the law or public policy of Florida.
• Time for Filing Property Insurance Claims - Generally, an insurer must receive notice of a claim,
supplemental claim, or reopened claim within five years of a loss. The bill shortens the time to three years for
all claims (hurricane/windstorm already three years) except sinkhole loss claims, which remains two years.
• Property Insurance Mediation Notice Requirements - Insurers are required to provide property insurance
policyholders with notice of their right to participate in mediation. The bill allows property insurers to provide
the required notice at the time the policyholder disputes a claim.
• Residential Condominium Loss Assessments - The bill clarifies that the condominium unit owner's
property loss assessment coverage in effect one day before the date of an occurrence that resulted in a loss
is the applicable coverage for the loss.
The bill has no impact on state or local government revenues or expenditures. It has no known positive or
negative economic impacts on the private sector.
The bill is effective upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Motor Vehicles - Salvage Certificates of Title and Certificates of Destruction
The owner of a motor vehicle or mobile home that is considered to be salvage 1 is required to forward
the title of the motor vehicle or mobile home to the Department of Highway Safety and Motor Vehicles
(DHSMV) for processing within 72 hours after the motor vehicle or mobile home becomes salvage. 2
However, an insurance company that pays money as compensation for the total loss of a motor vehicle
or mobile home must obtain the certificate of title for the motor vehicle or mobile home, make the
required notification to the National Motor Vehicle Title Information System, 3 and, within 72 hours after
receiving such certificate of title, forward such title to DHSMV for processing. The certificates of title
may be forwarded to DHSMV via electronic means, the United States Postal Service, or other
commercial delivery service (e.g., FedEx or UPS). The owner or insurance company may not dispose
of a vehicle or mobile home that is a total loss before it obtains from DHSMV a salvage certificate of
title or certificate of destruction.
To facilitate the issuance of salvage certificates of title and certificates of destruction when the insurer
has been unable to obtain the title from the insured so that it may be surrendered to DHSMV, effective
July 1, 2020:
• The insurer may receive a salvage certificate of title or certificate of destruction from DHSMV 30
days after paying the claim, if:
o There is no electronic lien on the motor vehicle or mobile home; and
o The insurer has:
• Obtained a release of all liens;
• Provided proof of payment of the total loss claim; and
• Provided an affidavit4 on letterhead signed by the insurance company or its
authorized agent stating the attempts 5 that have been made to obtain the title
from the owner or lienholder and further stating that all attempts are to no avail. 6
The "Electronic Signature Act of 1996"7 provides that unless otherwise provided by law, an electronic
signature 8 may be used to sign a writing and has the same force and effect as a written signature.
1
"Salvage" is defined as a motor vehicle or mobile home that is a total loss. S. 319.30( I )(t), F.S. A motor vehicle is a "total loss:"
• When an insurance company pays the vehicle owner to replace the wrecked or damaged vehicle with one of like kind and quality or when
an insurance company pays the owner upon the theft of the motor vehicle or mobile home; or
• When an uninsured motor vehicle or mobile home is wrecked or damaged and the cost, at the time of loss, of repairing or rebuilding the
vehicle is 80 percent or more of the cost to the owner of replacing the wrecked or damaged motor vehicle or mobile home with one of like
kind and quality.
S. 3 l 9.30(3)(a), F.S.
2
S. 319.30(3)(b), F.S.
3
The National Motor Vehicle Title Information System (NMYTIS) is an electronic system that provides consumers with valuable information about
a vehicle's condition and history. NMVTIS allows consumers to find information on a vehicle's title, most recent odometer reading, brand history,
and, in some cases, historical theft data. https://www.vehiclehistory.gov/nmvtis consumers.html (Last visited Dec. 18, 2019).
4
The affidavit must include a request that the salvage certificate of title or certificate of destruction be issued in the insurance company's name due
to payment of a total loss claim to the owner or lienholder. S. 3 l 9.30(3)(b) l .c., F.S.
5
The attempts to contact the owner may be by written request delivered in person or by first-class mail with a certificate of mailing to the owner's or
lienholder's last known address. S. 3 l 9.30(3)(b)l.c., F.S. If the owner or lienholder is notified of the request for title in person, the insurance
company must provide an affidavit attesting to the in-person request for a certificate of title. S. 319 .30(3 )(b) l.c.2., F .S.
6
The request to the owner or lienholder for the certificate of title must include a complete description of the motor vehicle or mobile home and the
statement that a total loss claim has been paid on the motor vehicle or mobile home. S. 3 l 9.30(3)(b)l.c.3., F.S.
7
Ch. 668, part I, F.S.
8
Section 668.003( 4), F.S., defines "electronic signature" as any letters, characters, or symbols, manifested by electronic or similar means, executed
or adopted by a party with an intent to authenticate a writing. A writing is electronically signed if an electronic signature is logically associated with
such writing.
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In 2019, the Legislature passed HB 301, related to lnsurance. 9 Among other things, the bill addressed
the use of electronic signatures for automotive title transactions. It authorized an electronic signature
consistent with ch. 668, F.S., relating to electronic commerce, to be used to satisfy any signature
requirement related to the issuance of a salvage certificate of title or certificate of destruction when this
new process becomes effective. However, it required an electronic signature on an odometer
disclosure to meet specific security requirements.
For an odometer disclosure related to a certificate of destruction, the electronic signature must meet or
exceed Level 2 requirements for Identity Assurance Level, Authenticator Assurance Level, and
Federation Assurance Level, as described in the National Institute of Standards and Technology
Special Publication 800-63-3, as of December 1, 2017. For a salvage certificate of title, the electronic
signature must meet or exceed Level 3 requirements of this standard. While there are several
differences between Level 2 and Level 3 requirements that affect the relative security of the electronic
signature, one difference limits the use of electronic signatures when executing electronic signatures
for odometer disclosures related to salvage certificates of title. Level 3 requires in person identity
proofing, while Level 2 allows remote or in person identity proofing.
The security levels were chosen based on ongoing federal rule development that governs odometer
disclosures. The draft federal regulations included the use of Level 2 requirements in certain instances
and Level 3 requirements in others. HB 301 mirrored this structure; however, the final federal regulation
was published with an unexpected change after the passage of HB 301. Only Level 2 requirements
were implemented. So, the Level 3 requirement of s. 319.30(3)(d), F.S., applicable to odometer
disclosures for obtaining salvage certificates of title exceed the federal standard. 10
Effect of the Bill
The bill allows electronic signatures on odometer disclosures related to salvage certificates of title to
use Level 2 security requirements, consistent with the applicable federal standard. This applies the
same security requirements to electronic signatures on odometer disclosures for both certificates of
destruction and salvage certificates of title and allows certificate applicants to electronically sign
odometer disclosures remotely in both instances, rather than remotely when applying for a certificate of
destruction, but in person only for salvage certificates of title.
Workers' Compensation - Payments to Injured Workers
When a compensable work-related injury occurs, the employer and their insurance carrier may be liable
for payment of lost wages to the injured worker. Payment for lost wages is interchangeably referred to
as indemnity benefits or compensation. Currently, indemnity benefits, including penalties associated
with incorrect or untimely payment of indemnity, may be paid to the injured worker by check or, upon
authorization of the injured worker, deposited into a financial institution or to a prepaid card. 11 ·12
Carriers are required to keep records of all payments made, and the Department of Financial Services
(DFS) audits employers and carriers for appropriate payment of indemnity benefits.
9
Ch. 2019-108. Laws of Fla.
10
84 Fed. Reg. 52664, at 52665 (Oct. 2, 2019).
11
S. 440. 12( 1)( a), F. S. For the purposes of workers' compensation indemnity payments, "financial institution" means a state or federal savings or
thrift association, bank, savings bank, trust company, international bank agency, international banking corporation, international branch, international
representative office, international administrative office, international trust entity, international trust company representative office, qualified limited
service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C. ss. 601 et seq. or Edge
Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq.
12
Pursuant to s. 440.12(l)(b), F.S., a carrier may use a prepaid card to deliver the payment of compensation to an employee if the employee is: 1.
provided with at least one means of accessing his or her entire compensation payment once per week without incurring fees; 2. provided with the
ability to make point-of-sale purchases without incurring fees from the financial institution issuing the prepaid card; and 3. provided with the terms
and conditions of the prepaid card program, including a description of any fees that may be assessed. The obligation to pay indemnity benefits is
satisfied when it is directly deposited compensation onto the prepaid card; further, it is considered paid on the date the funds become available for
withdrawal by the injured worker. S. 440.20(l)(a), F.S.
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Effect of the Bill
The bill allows employers and their carriers, upon authorization of the injured worker, to pay indemnity
benefits, including associated monetary penalties, by sending money electronically to the injured
worker via her or his account with a money transmitter. Indemnity and penalties paid via money
transmitter accounts is considered paid on the date the funds become available to the injured worker
for withdrawal.
The money transmitter must be licensed under ch. 560, part II, F.S. A money transmitter is a type of
money services business licensed and regulated by the Florida Office of Financial Regulation (OFR). 13
As of January 21, 2020, there are 213 money transmitters licensed to operate in Florida (at 49,664
locations), 26 of these money transmitters are dual licensed as check cashers.
Civil Remedies against Insurers
Pre-Suit Notice and Tolling of the Statute of Limitation Following Issuance of Pre-Suit Notice
In 1982 the Legislature enacted s. 624.155, F.S., which provides that any person may bring a claim for
"bad faith" against an insurer for "not attempting in good faith to settle claims when, under all the
circumstances, it could and should have done so, had it acted fairly and honestly toward its insured
with due regard for her or his interests," 14 the same as the common law standard. 15 In order to bring a
bad faith claim under the statute, a plaintiff must first give the insurer and DFS 60 days' written notice of
the alleged violation. 16 The 60-day period begins on the date the notice is filed. While the notice is
required to be provided to both DFS and the insurer, 17 the statute is silent on what constitutes filing and
whether the filing date is the date the notice is received by DFS or the date it was received by the
insurer. 18
The notice must include:
• The statutory provision which the insurer allegedly violated;
• The facts and circumstances giving rise to the violation;
• The name of any individual involved in the violation;
13
A money services business must have a net worth of $100,000. If the licensee is operating in more than one location, the net worth requirement is
increased by $10,000, per location, up to a maximum of $2,000,000. Licensees are required to obtain annual financial reports for submission to OFR.
Additionally, prior to licensing, a licensee must provide a surety bond to OFR in amount between $50,000 and $2,000,000, as specified in rule. In the
alternative, the licensee may deposit cash, securities, or alternative security devices as provided by rule with a federally insured financial institution
that are pledged to OFR. The surety bond or collateral deposit must remain in place for five years after the licensee ceases business operations in this
state. S. 560.209, F.S. Currently, a money transmitter must calculate their surety bond or collateral deposit based on the number of active branches
operated and combined monetary value of the volume of money transmission and payment instruments sold. If the money services business operates
250 or more branches, the required bond is at least $2,000,000. If they are operating fewer than 250 branches, then the bond is equal to two percent of
the combined value of the previous year's money transmissions and payment instruments sold, rounded up to the next $50,000 increment. Form
OFR-560-07 (eff. Oct. 18, 2009), R. 69V-560.1012, F.A.C. License applicant's surety bonds are determined based on the monetary value of
projected first-year business. Form OFR-560-01 (eff. Jan. 2, 2014), R. 69V-560. l O12, F.A.C. Bonds are then adjusted annually based on actual
operations.
14
S. 624.155(l)(b), F.S.
15
Fla. Standard Jury Instr. 404.4 (Civil).
16
S. 624. l 55(3)(a), F.S.
17
Filing of the notice with the correct insurer has been held to be a condition precedent to maintaining a bad faith suit against the insurer. Lopez v.
GEICO Casualty Co., 968 F.Supp. 2d 1202, at 1209 (S.D. Fla. 2013). In Lopez, the plaintiff filed the notice with Government Employees Insurance
Company, a similarly named sister company instead of the actual insurer, GEICO Casualty Company. Because the statute of limitation had run out
following the flawed delivery of the notice, the Lopez case was dismissed with prejudice.
18
Filing of the notice with DFS has been held to establish the date that starts the 60-day cure period. Harper v. GEICO Gen. Ins. Co., 272 So. 3d 448
(Fla. 2nd DCA 2019). In Harper, the plaintiff filed the notice with DFS electronically on Dec. 19, 2013, and mailed the notice to GEICO with it
being received by GEICO on Dec. 26, 2013. When GEICO later paid the claim on Feb. 21, 2014, the payment was 65 days from the date DFS
received the notice, but 57 days from the date GEICO received the notice. The trial court held that GEICO paid the claim within the 60-day cure
period. On appeal, the Second DCA held that the 60-day cure period ran from the date DFS received the notice. The result allowed the plaintiff to
pursue a bad faith claim against GEICO for untimely payment of the claim.
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• Reference to specific policy language that is relevant to the violation, unless the person
bringing the civil action is a third party claimant; and
• A statement that the notice is given to perfect the right to pursue a civil remedy. 19
The statute of limitation for the filing of a lawsuit under s. 624.155, F.S., is tolled for 65 days following
the issuance of the notice described above. This extends the claimant's right to sue the insurer until
after the conclusion of the 60-day period following the notice within which the insurer may respond to
the notice by addressing the alleged violation.
In 2019, the Legislature revised s. 624.155, F.S., to prohibit the issuance of the notice when the insurer
invokes the appraisal process. However, the appraisal process, which can be invoked for the first time
following receipt of the pre-suit notice, 20 is unlikely to be completed within the 60-day cure period or the
65-day tolling of the applicable statute of limitations. If the appraisal process extends beyond the date
the statute of limitation expires following the current tolling period, then the right to sue the insurer in
civil court is lost.
Property Appraisal Process
Insurance companies often include an appraisal clause in property insurance policies. 21 The appraisal
clause provides a procedure to resolve disputes between the policyholder and the insurer concerning
the value of a covered loss. The appraisal clause is used only to determine disputed values. An
appraisal cannot be used to determine what is covered under an insurance policy. Coverage issues are
litigated and determined by the courts.
The appraisal process generally works as follows:
• The insurance company and the policyholder each appoint an independent, disinterested
appraiser.
• Each appraiser evaluates the loss independently.
• The appraisers negotiate and attempt to reach an agreed amount of the damages.
• If the appraisers agree as to the amount of the claim, the insurer pays the claim.
• If the appraisers cannot agree on the amount, they together choose a mutually acceptable
umpire.
• Once the umpire has been chosen, the appraisers each present their loss assessment to the
umpire.
• The umpire will subsequently provide a written decision to both appraisers. A decision agreed to
by any two of the three will set the amount of the loss.
• The insurance company or the policyholder may challenge the umpire's impartiality and
disqualify a proposed umpire based on criteria set forth in statute. 22
Effect of the Bill
The bill adds an additional tolling period to s. 624.155, F.S. It tolls the statute of limitation for 60 days
following the date appraisal is invoked in a residential property insurance claim. In combination with the
current 65-day tolling period resulting from the filing of the notice, the statute of limitation could be tolled
for up to 125 days to allow the insurer the 60-day cure period and also allow the parties to pursue the
appraisal process prior to expiration of the statute of limitation.
19
S. 624.155(3)(b), F.S.
20
Invoking the appraisal process along with timely payment, if required, can be used by the insurer to cure its claims handling violations and prevent
a bad faith claim. See Effect of the Bill, p. 5.
21
Citizens Property Insurance Corporation v. Mango Hill Condominium Association 12 Inc., 54 So. 3d 578 (Fla. 3d DCA 2011) and lntracoastal
Ventures Corp. v. Safeco Ins. Co. ofAmerica, 540 So. 2d 162 (Fla. 3d DCA 1989), contain examples of appraisal clauses.
22
Sees. 627.70151, F.S.
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The bill also provides that the required pre-suit notice must be sent to the insurer at the insurer's name
and address designated by the insurer pursuant to statute for the purposes of receiving legal process
service via DFS. Additionally, the bill clarifies that the 60-day cure period runs from the date the insurer
receives the notice at the designated name and address, rather than following "filing," which is not
defined.
Insurer Trade Secrets
Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state's public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of Article I, s. 24(a) of the
Florida Constitution. 23 The general law must state with specificity the public necessity justifying the
exemption 24 and must be no more broad than necessary to accomplish its purpose. 25
Public policy regarding access to government records is addressed further in s. 119.07(1 )(a}, F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record.
Furthermore, the Open Government Sunset Review Act26 (Act) provides that a public record exemption
may be created or maintained only if it serves an identifiable public purpose. In the same manner as
the Florida Constitution requires a statement of public necessity and limits the breadth of a public
records exemption, an exemption under the Act may be no more broad than necessary to meet one of
the following purposes: 27
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets.
The Act also requires the automatic repeal of a public record exemption on October 2nd of the fifth year
after its creation or substantial amendment, unless the Legislature reenacts the exemption. 28 Specified
questions must be considered by the Legislature during the review process. 29
Trade Secrets
Florida law contains a variety of provisions that make trade secret information exempt or confidential
and exempt30 from public record requirements. Some exemptions only protect trade secrets, while
23
FLA. CONST. art. I, s. 24(c).
24
This portion of a public record exemption is commonly referred to as a "public necessity statement."
25 FLA. CONST. art. I, s. 24(c).
26 S.119.15, F.S.
27
S. 119.15(6)(b), F.S.
28
S. 119.15(3), F.S.
29
Section l 19. l 5(6)(a), F.S., requires the Legislature to consider the following questions as part of the review process: I) What specific records or
meetings are affected by the exemption? 2) What specific parties does the exemption affect? 3) What is the public purpose of the exemption? 4) Can
the information contained in the records or meetings be readily obtained by alternative means? If so, how? 5) Is the record or meeting protected by
another exemption? 6) Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge?
30
There is a difference between records the Legislature designates as exempt from public record requirements and those the Legislature deems
confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances. See WFTV, Inc. v. The
School Board ofSeminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of Riviera Beach v. Barfield, 642
So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 687 (Fla. 5th DCA 1991). If the Legislature designates a record as
confidential and exempt from public disclosure, such record may not be released by the custodian of public records to anyone other than the persons
or entities specifically designated in statute. See Attorney General Opinion 85-62 (August 1, 1985).
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others protect "proprietary business information" and define that term to specifically include trade
secrets. Generally, trade secret31 information received by the Office of Insurance Regulation (OIR) or
DFS is not protected as confidential and exempt public record information, 32 but the insurer is given the
opportunity to receive notice of a public records request and a period of time to respond so that the
insurer can move to protect the trade secret through an action in circuit court, if they so desire. 33 When
an insurer submits trade secret information under the Florida Insurance Code 34 or OIR rules, the
insurer may file a Notice of Trade Secret and mark and segregate the trade secret information provided
to OIR. 35 This protection relates to public records requests from the public that would result in the
publication of materials covered under a Notice of Trade Secret. It does not expressly extend to
publication of aggregate information such as OIR's Annual Report or other OIR or DFS publications or
reports that are not done in response to a public records request.
Effect of the Bill
The bill limits the release of aggregate information by OIR and DFS if protected trade secret information
can be extrapolated from the aggregate information that OIR or DFS would otherwise release. This
could occur where aggregate information is reported on a line of insurance in which a small number of
companies participate such that one or more of the participating companies could back-out their own
data from the reported aggregate information and discern the trade secret information of their
competitor. The bill does not create a new public records exception, rather, it limits what OIR and DFS
may do with public record information that is protected as a trade secret, but is not confidential and
exempt public record information.
Extension of Deadlines in Insurance Rate and Form Filings
Florida law provides certain requirements regarding OIR's review and approval of property and casualty
insurance rate and form filings, including timeframes within which OIR must review these filings. 36
However, the law is silent on the applicable deadline should the closure of the review period fall on a
weekend or a holiday.
Effect of the Bill
The bill establishes that if the last day of the timeframe for OIR to review and approve or disapprove a
rate filing for property, casualty, or surety insurance, including motor vehicle insurance, or to review an
insurer's form filing, falls on a weekend or holiday recognized by Florida governmental agencies or
branches, then period shall be extended until the conclusion of the next business day.
Rate Disapprovals Based Upon Hurricane Modeling
The law governing OIR's review and approval of residential property insurance rate filings requires that
a rate filing account for mitigation measures that policyholders undertake to reduce hurricane losses. 37
It sets forth the criteria under which OIR may disapprove rate filings, including disapproval of rates that
31
"Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or use; and
(b) ls the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
S. 626.002(4), F.S.
32
Trade secret information contained in an insurance administrator's records that is obtained by OIR is confidential and exempt. S. 626.884(2), F.S.,
33
S. 624.4213(2), F.S.
34
The Florida Insurance Code is chapters 624-632, 634,635,636,641,642,648, and 651, F.S. S. 624.01, F.S.
35
S. 624.4213( 1), F.S.
36
S. 627.062, F .S. (which controls rating requirements for property and casualty insurance in general), s. 627 .0651, F.S. ( which controls rating
requirements for motor vehicle insurance), ands. 627.410 (which controls form filings in general). While the statutes differentiate between issuance
of a notice of intent to approve or disapprove a property and casualty rate filing, other than a motor vehicle rate filing, and simply approving or
disapproving a motor vehicle rate filing following review, the practical effect of the review process is the same.
37
S. 627.062(2)0), F.S.
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are determined to be excessive, inadequate, or unfairly discriminatory. 38 Florida law also establishes
criteria for the Florida Commission on Hurricane Loss Projection Methodology's (Commission)
consideration and approval of hurricane loss models and prescribes how those models affect OIR's
approval of property insurance rate filings. 39
Effect of the Bill
The bill provides parameters for OIR's approval or disapproval of rate filings by establishing that OIR
may not disapprove a homeowner's insurance rate filing solely because the rate filing uses a modeling
indication that is the weighted or straight average of two or more models currently found to be accurate
or reliable by the Commission.
Use of Secondary Legal Authority
When rendering decisions of law, a court will rely on legal authorities. Legal authorities are writings of
the law and are classified in various ways, such as:
• Primary authority - those issued directly from a law-making body;
• Secondary authority -those that explain the law, but do not establish it directly;
• Persuasive authority - those that carry some weight, but are not binding; or
• Binding authority - those that are mandatory on a court, such as decisions in the same matter
or on the same issue by an appellate court having direct jurisdiction over a lower court. 40
A primary authority is what one typically thinks of when considering what makes up the law, specifically
the U.S. Constitution, Florida Constitution, Acts of the Florida Legislature approved by the Governor,
especially as codified in the Florida Statutes, and precedent setting opinions of the U.S. Supreme
Court, Florida Supreme Court, federal Eleventh Circuit Court of Appeals, the various Florida District
Courts of Appeal, and so on. Secondary authorities include compendiums, law reviews and journals,
and academic treatises of the law. Secondary authorities describe what the law is and how it developed
in various jurisdictions or legal specialties.
Courts will look to secondary authorities in a case that presents an issue of law that is not covered by a
primary authority. Such a review of secondary authority may inform the court of persuasive authorities
or a treatise on common law relevant to the issue of law. Given that primary authorities state law
directly and secondary authorities are encyclopedic in nature, conflicts between primary and secondary
authorities are resolved in favor of the primary authority.
Effect of the Bill
The bill provides that a statement of liability insurance law by a secondary authority that conflicts with
the federal or state constitution or Florida's statutes, case law, or common law does not constitute the
law or public policy of Florida.
Time for Filing Property Insurance Claims
Since an insurance policy is a contract and no limitations on insurance claims existed in the Florida
Insurance Code, the five-year statute of limitation for a contract dispute was applied to insurance
disputes. 41 However, in 2011 two types of claims were given a shorter statute of limitation. A notice of
any claim, supplemental claim, or reopened claim resulting from windstorm or a hurricane must be
provided to the policyholder's insurance company within three years after the windstorm caused the
38
S. 627.062, F.S.
39
Ss. 627.0628--627.06281, F.S.
40 Black's Law Dictionary (I Ith ed. 2019).
41
S. 95.11, F.S.
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covered damage or the hurricane first made landfall otherwise the claim is barred. 42 Additionally, those
claims related to a sinkhole loss are barred unless the notice of claim, including initial, supplemental,
and reopened claims, is properly filed within two years after the policyholder knew or should have
known about the sinkhole loss. 43
Effect of the Bill
The bill modifies the property insurance claim notice requirements to make them applicable to all
property insurance claims with the exception of sinkhole loss as defined ins. 627.706(2), F.S. Upon
passage of the bill, notice of all property insurance claims, supplemental claims, or reopened claims
must be provided to an insurer within three years after the date of loss or such claims will be barred.
Property Insurance Mediation Notice Requirements
DFS administers alternative dispute resolution programs for various types of insurance, including a
mediation program for property insurance claims. 44 For property insurance claims involving personal
lines and commercial residential claims, the policyholder, as a first-party claimant, a third-party, as an
assignee, or the insurer may request mediation under the DFS program; however, the insurer is not
required to participate in mediation requested by a third-party assignee. 45 Florida law requires that, at
either issuance or renewal of a property insurance policy, or at the time a first-party property insurance
claim is made, an insurer must provide a policyholder with notice of its right to participate in
mediation. 46
Effect of the Bill
The bill establishes that, in addition to having the option to provide a policyholder with notice of its right
to participate in mediation at policy issuance or renewal or at the filing of a first-party claim, an insurer
has the option to provide a policyholder with such notice at the time that the policyholder disputes a
claim.
Residential Condominium Loss Assessments
Loss assessment coverage is insurance coverage for condominium unit owners that provides
protection for situations where the owner of a condominium unit, as the owner of shared property, is
held financially responsible for:
• Deductibles owed when a claim is made under a condominium association's property insurance
policy;
• Damage that occurs to the condominium building or the common areas of a condominium
property; or
• Injuries that occur in the common areas of a condominium property. 47
Florida law requires that property insurance policies held by condominium unit owners include a
minimum property loss assessment coverage of $2000 for all assessments made as a result of the
same direct loss to the condominium property. 48 The law further establishes that the maximum amount
42
Ch. 2011-39, Laws of Fla. Current law also specifies that the three-year notice requirement does not affect any applicable limitations on civil
actions provided for claims, supplemental claims, or reopened claims timely filed. S. 627.70132, F.S. For example, policyholders still have five year
after breach of an insurance contract by an insurer, which may include claim denial, to file suit for the breach.
43
S. 627.706(5), F.S.
44
S. 627.7015, F.S.
45
S. 627.7015(1), F.S.
46
S. 627.7015(2), F.S.
47
The Balance, Loss Assessment Explained for Condo Insurance, https://www.thebalance.com/loss-assessment-explained-for-condo-insurance-
4060435 (last visited Jan. 8, 2020).
48
S. 627.714(1), F.S.
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of any unit owner's coverage that can be assessed for any loss is an amount equal to the unit owner's
loss assessment coverage limit in effect one day before the date of an occurrence, but it does not
specify exactly what occurrence is referenced. 49
Effect of the Bill
The bill clarifies that the amount of loss assessment coverage that can be assessed against a unit
owner is based upon the coverage limit for loss assessment that was in effect in the unit owner's policy
one day before the date of an occurrence that resulted in a loss for which the unit owner is being
assessed. Further, the bill establishes that the coverage in place at that time applies regardless of the
date on which the condominium association assesses the unit owner.
B. SECTION DIRECTORY:
Section 1: Amends s. 319.30, F.S., relating to definitions; dismantling, destruction, change of identity of
motor vehicle or mobile home; salvage.
Section 2: Amends s. 440.12, F.S., relating to time for commencement and limits on weekly rate of
compensation.
Section 3: Amends s. 440.20, F.S., relating to time for payment of compensation and medical bills;
penalties for late payment.
Section 4: Amends s. 624.155, F.S., relating to civil remedy.
Section 5: Amends s. 624.307, F.S., relating to general powers; duties.
Section 6: Amends s. 624.315, F.S., relating to department; annual report.
Section 7: Amends s. 627.062, F.S., relating to rate standards.
Section 8: Amends s. 627.0651, F.S., relating to making and use of rates for motor vehicle insurance.
Section 9: Amends s. 627.410, F.S., relating to filing, approval of forms.
Section 10: Amending s. 627.419, F.S., relating to construction of policies.
Section 11: Amends s. 627.70132, F.S., relating to notice of windstorm or hurricane claim.
Section 12: Amends s. 627.7015, F.S., relating to alternative procedure for resolution of disputed
property insurance claims.
Section 13: Amends s. 627.714, F.S., relating to residential condominium unit owner coverage; loss
assessment coverage required.
Section 14: Provides an effective date of upon becoming law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
49
S. 627.714(2), F.S.
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2. Expenditures:
The portion of the bill requiring the pre-suit civil remedy notice to go to a specified insurer address
may require a change to DFS' civil remedy notice web page. The amount of the impact, if any, has
not been estimated.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None known.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 15, 2020, the Insurance & Banking Subcommittee considered a proposed committee
substitute, adopted two amendments, and reported the bill favorably as a committee substitute. The
following changes were made to the bill:
• Deletions
The bill no longer:
o Requires a triennial Hurricane Catastrophe Fund premium formula audit.
o Tolls the statute of limitation for filing a third party bad faith claim following the Governor
declaring a state of emergency due to fire, wind, or flood event.
• Additions:
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o Allows an employee who is receiving workers' compensation payments to authorize a carrier to
transmit compensation payments to a money transmitter, and specifies that the carrier's
transmission of compensation to the employee's money transmitter account satisfies the carrier's
obligation to pay compensation directly to the employee when the payment becomes available
for withdrawal.
• Revisions:
o Protection of insurer trade secrets - eliminates terms inconsistent with current statute and to
avoid unintentional effects, such as creating a de facto public records exemption or allowing
insurer preview and court review of DFS or OIR annual reports and publications;
o Limitation on homeowners' insurance rate denials - substitutes correct terminology to avoid
confusion over use of multiple models to establish a weighted or straight average to establish a
modeling indication; and
o Use of secondary authority - prohibits court consideration of statements of liability insurance
law by secondary legal authorities that conflict with law, rather than those by the American Law
lnstitute's Restatement of the Law, Liability Insurance.
The staff analysis has been updated to reflect the committee substitute.
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 359 2020
1 A bill to be entitled
2 An act relating to insurance; amending s. 319.30,
3 F.S.; revising the requirements for certain electronic
4 signatures submitted through insurance companies;
5 amending s. 440.12, F.S.; providing that an employee
6 receiving workers' compensation payments may authorize
7 a carrier to transmit compensation payments to a
8 licensed money transmitter; amending s. 440.20, F.S.;
9 specifying that the carrier's transmission of
10 compensation with a licensed money transmitter to the
11 employee's account satisfies the carrier's obligation
12 to pay compensation directly to the employee; amending
13 s. 624.155, F.S.; providing requirements for the
14 delivery of certain violation notices to insurers;
15 revising the circumstances under which an action may
16 not lie; revising the timeframe during which the
17 statute of limitations for certain actions for civil
18 remedy is tolled; amending ss. 624.307 and 624.315,
19 F.S.; authorizing the releases of specified
20 information obtained by the Department of Financial
21 Services and the Office of Insurance Regulation;
22 providing an exception; amending s. 627.062, F.S.;
23 requiring an extension of the office's review period
24 of insurance rate standards under certain
25 circumstances; deleting obsolete language; prohibiting
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26 the office from disapproving a rate for homeowners'
27 insurance under certain circumstances; amending ss.
28 627.0651 and 627.410, F.S.; requiring an extension of
29 the office's review period of insurance rate standards
30 under certain circumstances; amending s. 627.419,
31 F.S.; limiting construction of liability insurance law
32 in certain circumstances; amending s. 627.70132, F.S.;
33 revising the types of claims, supplemental claims, or
34 reopened claims under a property insurance policy that
35 are barred unless notice is given to the insurer
36 within a specified timeframe; revising the timeframe
37 of such claims; revising the definition of the terms
38 "supplemental claim" and "reopened claim"; amending s.
39 627.7015, F.S.; revising the timeframe for insurers'
40 notification of certain mediation program; conforming
41 provisions to changes made by the act; amending s.
42 627.714, F.S.; specifying the maximum amount of loss
43 assessment coverage for certain unit owners; providing
44 an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Paragraph (d) of subsection (3) of section
49 319.30, Florida Statutes, is amended to read:
50 319.30 Definitions; dismantling, destruction, change of
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51 identity of motor vehicle or mobile home; salvage.-
52 (3)
53 (d) An electronic signature that is consistent with
54 chapter 668 satisfies any signature required under this
55 subsection, except that an electronic signature on an odometer
56 disclosure submitted through an insurance company must be
57 executed using an electronic signature, as defined ins.
58 668.003(4), that uses a system providing an Identity Assurance
59 Level, Authenticator Assurance Level, and Federation Assurance
60 Level, as described in the National Institute of Standards and
61 Technology Special Publication 800-63-3, as of December 1, 2017,
62 that are equivalent to or greater than+
63 ±-o- level 2, for each level, for a certificate of
64 destruction or.-
65 2. Level 3, for each level, for a salvage certificate of
66 title.
67 Section 2. Paragraph (a) of subsection (1) of section
68 440.12, Florida Statutes, is amended to read:
69 440.12 Time for commencement and limits on weekly rate of
70 compensation.-
71 (1) Compensation is not allowed for the first 7 days of
72 the disability, except for benefits provided under s. 440.13.
73 However, if the injury results in more than 21 days of
74 disability, compensation is allowed from the commencement of the
75 disability.
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76 (a) All weekly compensation payments, except for the first
77 payment, must be paid by check or, if authorized by the
78 employee, on a prepaid card pursuant to paragraph (b) or
79 deposited directly into the employee's account at a financial
80 institution as defined ins. 655.005 or transmitted to the
81 employee's account with a money transmitter licensed under part
82 II of chapter 560.
83 Section 3. Paragraph (a) of subsection (1) and paragraph
84 (a) of subsection (6) of section 440.20, Florida Statutes, are
85 amended to read:
86 440.20 Time for payment of compensation and medical bills;
87 penalties for late payment.-
88 (1) (a) Unless the carrier denies compensability or
89 entitlement to benefits, the carrier shall pay compensation
90 directly to the employee as required by ss. 440.14, 440.15, and
91 440.16, in accordance with those sections. Upon receipt of the
92 employee's authorization as provided for in s. 440 .12 ( 1) (a), the
93 carrier's obligation to pay compensation directly to the
94 employee is satisfied when the carrier directly deposits, by
95 electronic transfer or other means, compensation into the
96 employee's account at a financial institution as defined ins.
97 655.005 or onto a prepaid card in accordance withs. 440.12(1)
98 or transmits the employee's compensation to the employee's
99 account with a money transmitter licensed under part II of
100 chapter 560. Compensation by direct deposit or through the use
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101 of a prepaid card or through transmission is considered paid on
102 the date the funds become available for withdrawal by the
103 employee.
104 (6) (a) If any installment of compensation for death or
105 dependency benefits, or compensation for disability benefits
106 payable without an award is not paid within 7 days after it
107 becomes due, as provided in subsection (2), subsection (3), or
108 subsection (4), there shall be added to such unpaid installment
109 a penalty of an amount equal to 20 percent of the unpaid
110 installment, which shall be paid at the same time as, but in
111 addition to, such installment of compensation. This penalty
112 shall not apply for late payments resulting from conditions over
113 which the employer or carrier had no control. When any
114 installment of compensation payable without an award has not
115 been paid within 7 days after it became due and the claimant
116 concludes the prosecution of the claim before a judge of
117 compensation claims without having specifically claimed
118 additional compensation in the nature of a penalty under this
119 section, the claimant will be deemed to have acknowledged that,
120 owing to conditions over which the employer or carrier had no
121 control, such installment could not be paid within the period
122 prescribed for payment and to have waived the right to claim
123 such penalty. However, during the course of a hearing, the judge
124 of compensation claims shall on her or his own motion raise the
125 question of whether such penalty should be awarded or excused.
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126 The department may assess without a hearing the penalty against
127 either the employer or the carrier, depending upon who was at
128 fault in causing the delay. The insurance policy cannot provide
129 that this sum will be paid by the carrier if the department or
130 the judge of compensation claims determines that the penalty
131 should be paid by the employer rather than the carrier. Any
132 additional installment of compensation paid by the carrier
133 pursuant to this section shall be paid directly to the employee
134 by check or, if authorized by the employee, by direct deposit
135 into the employee's account at a financial institution or by
136 transmission to the employee's account with a money transmitter
137 licensed under part II of chapter 560.
138 Section 4. Subsection (3) of section 624.155, Florida
139 Statutes, is amended to read:
140 624.155 Civil remedy.-
141 (3) (a) As a condition precedent to bringing an action
142 under this section, the department and the authorized insurer
143 must have been given 60 days' written notice of the violation.
144 Notice to the authorized insurer must be delivered to the name
145 and address designated by the insurer under s. 624.422(2).
146 (b) The notice shall be on a form provided by the
147 department and shall state with specificity the following
148 information, and such other information as the department may
149 require:
150 1. The statutory provision, including the specific
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151 language of the statute, which the authorized insurer allegedly
152 violated.
153 2. The facts and circumstances giving rise to the
154 violation.
155 3. The name of any individual involved in the violation.
156 4. Reference to specific policy language that is relevant
157 to the violation, if any. If the person bringing the civil
158 action is a third party claimant, she or he shall not be
159 required to reference the specific policy language if the
160 authorized insurer has not provided a copy of the policy to the
161 third party claimant pursuant to written request.
162 5. A statement that the notice is given in order to
163 perfect the right to pursue the civil remedy authorized by this
164 section.
165 (c) No action shall lie if, within 60 days after the
166 authorized insurer receives the filing notice pursuant to
167 paragraph (a}, the damages are paid or the circumstances giving
168 rise to the violation are corrected.
169 (d} The authorized insurer that is the recipient of a
170 notice filed pursuant to this section shall report to the
171 department on the disposition of the alleged violation.
172 (e} The applicable statute of limitations for an action
173 under this section shall be tolled for a period of:
174 1. Sixty days after the date on which appraisal is invoked
175 by any party in a residential property insurance claim; and
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176 2. Sixty-five -6-§. days after the date on which by the
177 ffiailing of the notice required under by this subsection or the
178 ffiailing of a subsequent notice required under by this subsection
179 is mailed.
180 (f) A notice required under this subsection may not be
181 filed within 60 days after appraisal is invoked by any party in
182 a residential property insurance claim.
183 Section 5. Subsection (4) of section 624.307, Florida
184 Statutes, is amended to read:
185 624.307 General powers; duties.-
186 (4) The department and office may each collect, propose,
187 publish, and disseminate information relating to the subject
188 matter of any duties imposed upon it by law. Aggregate
189 information published or disseminated by the department or
190 office under this subsection may include information covered by
191 a notice of trade secret under s. 624.4213(1), unless the
192 information can be individually extrapolated, in which case the
193 information may not be published or disseminated by the
194 department or the office.
195 Section 6. Subsection (4) is added to section 624.315,
196 Florida Statutes, to read:
197 624.315 Department; annual report.-
198 (4) The office may include information covered by a notice
199 of trade secret under s. 624.4213(1) in the report under
200 subsection (1) or make the information available under
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201 subsection (2), unless the information can be individually
202 extrapolated, in which case the information may not be published
203 or disseminated by the department or the office.
204 Section 7. Paragraphs (a) and (j) of subsection (2) of
205 section 627.062, Florida Statutes, are amended to read:
206 627.062 Rate standards.-
207 (2) As to all such classes of insurance:
208 (a) Insurers or rating organizations shall establish and
209 use rates, rating schedules, or rating manuals that allow the
210 insurer a reasonable rate of return on the classes of insurance
211 written in this state. A copy of rates, rating schedules, rating
212 manuals, premium credits or discount schedules, and surcharge
213 schedules, and changes thereto, must be filed with the office
214 under one of the following procedures:
215 1. If the filing is made at least 90 days before the
216 proposed effective date and is not implemented during the
217 office's review of the filing and any proceeding and judicial
218 review, such filing is considered a "file and use'' filing. In
219 such case, the office shall finalize its review by issuance of a
220 notice of intent to approve or a notice of intent to disapprove
221 within 90 days after receipt of the filing. The notice of intent
222 to approve and the notice of intent to disapprove constitute
223 agency action for purposes of the Administrative Procedure Act.
224 Requests for supporting information, requests for mathematical
225 or mechanical corrections, or notification to the insurer by the
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226 office of its preliminary findings does not toll the 90-day
227 period during any such proceedings and subsequent judicial
228 review. The rate shall be deemed approved if the office does not
229 issue a notice of intent to approve or a notice of intent to
230 disapprove within 90 days after receipt of the filing.
231 2. If the filing is not made in accordance with
232 subparagraph 1., such filing must be made as soon as
233 practicable, but within 30 days after the effective date, and is
234 considered a "use and file" filing. An insurer making a "use and
235 file" filing is potentially subject to an order by the office to
236 return to policyholders those portions of rates found to be
237 excessive, as provided in paragraph (h).
238 3. If the last day of the 90-day timeframe for the
239 issuance of a notice of intent under subparagraph 1. ends on a
240 weekend or a holiday specified ins. 110.117, the closure of the
241 office's review period shall be extended until the conclusion of
242 the next business day.
243 3. For all property insurance filings ffiade or subffiitted
244 after January 2§, 2007, but before May 1, 2012, an insurer
245 seeking a rate that is greater than the rate ffiost recently
246 approved by the office shall ffiake a "file and use" filing. For
247 purposes of this subparagraph, ffiOtor vehicle collision and
248 coffiprehensive coverages are not considered property coverages.
249 (j) With respect to residential property insurance rate
250 filings...:..T
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251 1. The rate filing must account for mitigation measures
252 undertaken by policyholders to reduce hurricane losses.
253 2. The office may not disapprove a rate for homeowners'
254 insurance solely because the rate filing uses a modeling
255 indication that is the weighted or straight average of two or
256 more models currently found to be accurate or reliable pursuant
257 to s. 627.0628.
258
259 The provisions of this subsection do not apply to workers'
260 compensation, employer's liability insurance, and motor vehicle
261 insurance.
262 Section 8. Paragraph {a) of subsection (1) of section
263 627.0651, Florida Statutes, is amended to read:
264 627.0651 Making and use of rates for motor vehicle
265 insurance.-
266 (1) Insurers shall establish and use rates, rating
267 schedules, or rating manuals to allow the insurer a reasonable
268 rate of return on motor vehicle insurance written in this state.
269 A copy of rates, rating schedules, and rating manuals, and
270 changes therein, shall be filed with the office under one of the
271 following procedures:
272 (a)l.:_ If the filing is made at least 60 days before the
273 proposed effective date and the filing is not implemented during
274 the office's review of the filing and any proceeding and
275 judicial review, such filing shall be considered a "file and
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27 6 use" filing. In such case, the off ice shall initiate proceedings
277 to disapprove the rate and so notify the insurer or shall
278 finalize its review within 60 days after receipt of the filing.
279 Notification to the insurer by the office of its preliminary
280 findings shall toll the 60-day period during any such
281 proceedings and subsequent judicial review. The rate shall be
282 deemed approved if the office does not issue notice to the
283 insurer of its preliminary findings within 60 days after the
284 filing.
285 2. If the last day of the 60-day timeframe for the
286 office's notification or review finalization under subparagraph
287 1. ends on a weekend or a holiday specified ins. 110.117, the
288 closure of the office's review period shall be extended until
289 the conclusion of the next business day.
290 Section 9. Subsection (2) of section 627.410, Florida
291 Statutes, is amended to read:
292 627.410 Filing, approval of forms.-
293 (2)hl Every such filing must be made at least 30 days in
294 advance of any such use or delivery. At the expiration of the 30
295 days, the form filed will be deemed approved unless prior
296 thereto it has been affirmatively approved or disapproved by
297 order of the office. The approval of such form by the office
298 constitutes a waiver of any unexpired portion of such waiting
299 period. The office may extend the period within which it may
300 affirmatively approve or disapprove such form by up to 15 days
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301 by giving notice of such extension before expiration of the
302 initial 30-day period. At the expiration of such extended
303 period, and in the absence of prior affirmative approval or
304 disapproval, such form shall be deemed approved.
305 (b) If the last day of the initial 30-day period, or the
306 last day of the 15-day extension authorized by the office, under
307 paragraph (a) ends on a weekend or a holiday specified ins.
308 110.117, the closure of the review period shall be extended
309 until the conclusion of the next business day.
310 Section 10. Subsection (10) is added to section 627.419,
311 Florida Statutes, to read:
312 627.419 Construction of policies.-
313 (10) A secondary legal authority does not constitute the
314 law or public policy of this state if its statement of the law
315 relating to liability insurance is in conflict with:
316 (a} The Constitution of the United States or the State
317 Constitution;
318 (b) A statute of this state;
319 (c} This state's case law precedent; or
320 (d} Other common law that may have been adopted by this
321 state.
322 Section 11. Section 627.70132, Florida Statutes, is
323 amended to read:
324 627.70132 Notice of property insurance windstorm or
325 hurricane claim.-Except for a sinkhole loss as defined in
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326 627.706(2), a claim, supplemental claim, or reopened claim under
327 an insurance policy that provides property insurance, as defined
328 ins. 624.604, for loss or damage caused by the peril of
329 windstorm or hurricane is barred unless notice of the claim,
330 supplemental claim, or reopened claim is wa-s- given to the
331 insurer in accordance with the terms of the policy within 3
332 years after the date of loss the hurricane first made landfall
333 or the windstorm caused the covered damage. For purposes of this
334 section, the term "supplemental claim" or "reopened claim" means
335 any additional claim for recovery from the insurer for losses
336 from the same hurricane or windstorm which the insurer has
337 previously adjusted pursuant to the initial claim. This section
338 does not affect any applicable limitation on civil actions
339 provided ins. 95.11 for claims, supplemental claims, or
340 reopened claims timely filed under this section.
341 Section 12. Subsection (2) and paragraph (e) of subsection
342 (9) of section 627.7015, Florida Statutes, are amended to read:
343 627.7015 Alternative procedure for resolution of disputed
344 property insurance claims.-
345 (2) At the time of issuance and renewal of a policy or at
346 the time a first party claim \iithin the scope of this section is
347 filed by the policyholder, The insurer shall notify the
348 policyholder of its right to participate in the mediation
349 program under this section and shall choose any of the following
350 times to provide the notification:
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351 (a) Upon the issuance and renewal of a policy; or
352 (b) At the time the policyholder:
353 1. Disputes a claim; or
354 2. Files a first-party claim within the scope of this
355 section.
356
357 The department shall prepare a consumer information pamphlet for
358 distribution to persons participating in mediation.
359 (9) For purposes of this section, the term "claim" refers
360 to any dispute between an insurer and a policyholder relating to
361 a material issue of fact other than a dispute:
362 (e) With respect to a property windstorm or hurricane loss
363 that does not comply withs. 627.70132.
364 Section 13. Subsection (2) of section 627.714, Florida
365 Statutes, is amended to read:
366 627.714 Residential condominium unit owner coverage; loss
367 assessment coverage required.-
368 (2) The maximum amount of any unit owner's loss assessment
369 coverage that can be assessed for any loss shall be an amount
370 equal to that unit owner's loss assessment coverage limit in
371 effect 1 day before the date of the occurrence that gave rise to
372 the loss. Such coverage applies to any loss assessment
373 regardless of the date of the assessment by the association. Any
374 changes to the limits of a unit owner's coverage for loss
375 assessments made on or after the day before the date of the
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376 occurrence do are not apply applicable to such loss.
377 Section 14. This act shall take effect upon becoming a
378 law.
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CS/HB 359 by Rep. Santiago
Insurance
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Santiago (Strike-all): The amendment makes the following changes to the bill:
Removes:
• Hurricane Modeling - A provision allowing the use of weighted or straight averages of hurricane
loss projection models in homeowners' insurance ratemaking.
• Use of Secondary Legal Authority - A prohibition on use of statements of the law on liability
insurance provided by secondary legal authorities if they conflict with the U.S. or Florida
Constitution or Florida statute, case law, or common law.
• Time for Filing Property Insurance Claims - A proposed reduction in the time limitation for filing
certain property insurance claims, including supplemental claims and reopened claims.
• Property Insurance Mediation Notice Requirements - Authority for an insurer to deliver the
required notification of right to mediate a property insurance claim at the time a policyholder
disputes a claim.
Additions:
• Motor Vehicle Insurance - Reduces the limitation on policy cancellation of an initial policy from 60
days to 30 days to conform to a 2019 legislative revision requiring prepayment of only one
month's premium, rather than two month's premium.
• Travel Insurance - Incorporates the Travel Insurance Model Act, by the National Association of
Insurance Commissioners, into the Florida Insurance Code.
Revisions:
• Civil Remedies Against Insurers -
o Requires the Department of Financial Services (DFS) to forward the required pre-suit civil
remedy notice related to bad faith claims to the insurer by email, rather than requiring the
person filing the notice to send it to the insurer directly (using a statutorily designated
address) and requires the insurer to designate an email address for this purpose.
o Reduces the statute of limitation tolling period from 65 days to 60 days because of the
replacement of the required physical mailing of the civil remedy notice with an automated
delivery of it by email from DFS.
• Effective date - Provides an effective date of upon becoming law for the section of the bill
affecting motor vehicle salvage (Sec. 1); the remainder of the bill is effective on July 1, 2020.
Amendment 1 to Amendment 1 by Rep. Santiago (Line 415): The amendment requires the Office
of Insurance Regulation to take loss data associated with insolvent insurers into account when
considering and approving workers' compensation rates.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 359 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Santiago offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Effective upon this act becoming a law,
7 paragraph (d) of subsection (3) of section 319.30, Florida
8 Statutes, is amended to read:
9 319.30 Definitions; dismantling, destruction, change of
10 identity of motor vehicle or mobile home; salvage.-
11 (3)
12 (d) An electronic signature that is consistent with
13 chapter 668 satisfies any signature required under this
14 subsection, except that an electronic signature on an odometer
15 disclosure submitted through an insurance company must be
16 executed using an electronic signature, as defined ins.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 359 (2020)
Amendment No. 1
17 668.003(4), which~ uses a system providing an Identity
18 Assurance Level, Authenticator Assurance Level, and Federation
19 Assurance Level, as described in the National Institute of
20 Standards and Technology Special Publication 800-63-3, as of
21 December 1, 2017, which~ are equivalent to or greater than+
22 -±-. Level 2, for each level, for a certificate of
23 destruction or~
24 2. Level 3, for each level, for a salvage certificate of
25 title.
26 Section 2. Paragraph (a) of subsection (1) of section
27 440.12, Florida Statutes, is amended to read:
28 440.12 Time for commencement and limits on weekly rate of
29 compensation.-
30 (1) Compensation is not allowed for the first 7 days of
31 the disability, except for benefits provided under s. 440.13.
32 However, if the injury results in more than 21 days of
33 disability, compensation is allowed from the commencement of the
34 disability.
35 (a) All weekly compensation payments, except for the first
36 payment, must be paid by check or, if authorized by the
37 employee, paid on a prepaid card pursuant to paragraph (b)L e-r
38 deposited directly into the employee's account at a financial
39 institution as defined ins. 655.005, or transmitted to the
40 employee's account with a money transmitter licensed under part
41 II of chapter 560.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 359 (2020)
Amendment No. 1
42 Section 3. Paragraph (a) of subsection (1) and paragraph
43 (a) of subsection (6) of section 440.20, Florida Statutes, are
44 amended to read:
45 440.20 Time for payment of compensation and medical bills;
46 penalties for late payment.-
47 (1) (a) Unless the carrier denies compensability or
48 entitlement to benefits, the carrier shall pay compensation
49 directly to the employee as required by ss. 440.14, 440.15, and
50 440.16, in accordance with those sections. Upon receipt of the
51 employee's authorization as provided for ins. 440.12(1) (a), the
52 carrier's obligation to pay compensation directly to the
53 employee is satisfied when the carrier directly deposits, by
54 electronic transfer or other means, compensation into the
55 employee's account at a financial institution as defined ins.
56 655.005 or onto a prepaid card in accordance withs. 440.12(1)
57 or transmits the employee's compensation to the employee's
58 account with a money transmitter licensed under part II of
59 chapter 560. Compensation by direct depositL e-r through the use
60 of a prepaid card, or through transmission is considered paid on
61 the date the funds become available for withdrawal by the
62 employee.
63 (6) (a) If any installment of compensation for death or
64 dependency benefits, or compensation for disability benefits
65 payable without an award is not paid within 7 days after it
66 becomes due, as provided in subsection (2), subsection (3), or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 359 (2020)
Amendment No. 1
67 subsection (4), there shall be added to such unpaid installment
68 a penalty of an amount equal to 20 percent of the unpaid
69 installment, which shall be paid at the same time as, but in
70 addition to, such installment of compensation. This penalty
71 shall not apply for late payments resulting from conditions over
72 which the employer or carrier had no control. When any
73 installment of compensation payable without an award has not
74 been paid within 7 days after it became due and the claimant
75 concludes the prosecution of the claim before a judge of
76 compensation claims without having specifically claimed
77 additional compensation in the nature of a penalty under this
78 section, the claimant will be deemed to have acknowledged that,
79 owing to conditions over which the employer or carrier had no
80 control, such installment could not be paid within the period
81 prescribed for payment and to have waived the right to claim
82 such penalty. However, during the course of a hearing, the judge
83 of compensation claims shall on her or his own motion raise the
84 question of whether such penalty should be awarded or excused.
85 The department may assess without a hearing the penalty against
86 either the employer or the carrier, depending upon who was at
87 fault in causing the delay. The insurance policy cannot provide
88 that this sum will be paid by the carrier if the department or
89 the judge of compensation claims determines that the penalty
90 should be paid by the employer rather than the carrier. Any
91 additional installment of compensation paid by the carrier
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92 pursuant to this section shall be paid directly to the employee
93 by check or, if authorized by the employee, by direct deposit
94 into the employee's account at a financial institution or by
95 transmission to the employee's account with a money transmitter
96 licensed under part II of chapter 560.
97 Section 4. Section 624.01, Florida Statutes, is amended to
98 read:
99 624.01 Short title.-Chapters 624-632, 634, 635, 636, 641,
100 642, 647, 648, and 651 constitute the "Florida Insurance Code."
101 Section 5. Subsection (3) of section 624.155, Florida
102 Statutes, is amended to read:
103 624.155 Civil remedy.-
104 (3) (a) As a condition precedent to bringing an action
105 under this section, the department and the authorized insurer
106 must have been given 60 days' written notice of the violation.
107 Notice to the authorized insurer must be provided by the
108 department to the e-mail address designated by the insurer under
109 s. 624.422.
110 (b) The notice shall be on a form provided by the
111 department and shall state with specificity the following
112 information, and such other information as the department may
113 require:
114 1. The statutory provision, including the specific
115 language of the statute, which the authorized insurer allegedly
116 violated.
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117 2. The facts and circumstances giving rise to the
118 violation.
119 3. The name of any individual involved in the violation.
120 4. Reference to specific policy language that is relevant
121 to the violation, if any. If the person bringing the civil
122 action is a third party claimant, she or he shall not be
123 required to reference the specific policy language if the
124 authorized insurer has not provided a copy of the policy to the
125 third party claimant pursuant to written request.
126 5. A statement that the notice is given in order to
127 perfect the right to pursue the civil remedy authorized by this
128 section.
129 (c) No action shall lie if, within 60 days after the
130 insurer receives filing notice from the department in accordance
131 with this subsection, the damages are paid or the circumstances
132 giving rise to the violation are corrected.
133 (d) The authorized insurer that is the recipient of a
134 notice filed pursuant to this section shall report to the
135 department on the disposition of the alleged violation.
136 (e) The applicable statute of limitations for an action
137 under this section shall be tolled for a period of 60 -6-§. days
138 after the:
139 1. Insurer receives from the department by the mailing of
140 the notice required by this subsection~
141 2. Date appraisal is invoked pursuant to paragraph (f) e-r
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142 the ffiailing of a subsequent notice required by this subsection.
143 (f) A notice required under this subsection may not be
144 filed within 60 days after appraisal is invoked by any party in
145 a residential property insurance claim.
146 Section 6. Subsection (4) of section 624.307, Florida
147 Statutes, is amended to read:
148 624.307 General powers; duties.-
149 (4) The department and office may each collect, propose,
150 publish, and disseminate information relating to the subject
151 matter of any duties imposed upon it by law. Aggregate
152 information published or disseminated by the department or
153 office under this subsection may include information covered by
154 a notice of trade secret under s. 624.4213(1), unless the
155 information can be individually extrapolated, in which case the
156 information may not be published or disseminated by the
157 department or the office.
158 Section 7. Subsection (4) is added to section 624.315,
159 Florida Statutes, to read:
160 624.315 Department; annual report.-
161 (4) The office may include information covered by a notice
162 of trade secret under s. 624.4213(1) in the report under
163 subsection (1) or make the information available under
164 subsection (2), unless the information can be individually
165 extrapolated, in which case the information may not be published
166 or disseminated by the department or the office.
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167 Section 8. Subsection (2) of section 624.422, Florida
168 Statutes, is amended to read:
169 624.422 Service of process; appointment of Chief Financial
170 Officer as process agent.-
171 (2) Prior to its authorization to transact insurance in
172 this state, each insurer shall file with the department
173 designation of the name and address of the person to whom
174 process against it served upon the Chief Financial Officer is to
175 be forwarded. Each insurer shall also file with the department
17 6 designation of the name and e-mail address of the person to whom
177 the department shall forward civil remedy notices filed under
178 624.155. The insurer may change a -Hre designation at any time by
179 a new filing.
180 Section 9. Paragraph (c) of subsection (1) of section
181 626.321, Florida Statutes, is amended to read:
182 626.321 Limited licenses and registration.-
183 (1) The department shall issue to a qualified applicant a
184 license as agent authorized to transact a limited class of
185 business in any of the following categories of limited lines
18 6 insurance:
187 (c) Travel insurance.-License covering only policies and
188 certificates of travel insurance which are subject to review by
189 the office. Policies and certificates of travel insurance may
190 provide coverage for travel insurance, as defined ins. 647.02
191 risks incidental to travel, planned travel, or accofflfRodations
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192 while traveling, including, but not limited to, accidental death
193 and dismemberment of a traveler; trip or event cancellation,
194 interruption, or delay; loss of or damage to personal effects or
195 travel documents; damages to travel accommodations; baggage
196 delay; emergency medical travel or evacuation of a traveler; or
197 medical, surgical, and hospital e1cpenses related to an illness
198 or emergency of a traveler. Such policy or certificate may be
199 issued for terms longer than 90 days, but, other than a policy
200 or certificate providing coverage for air ambulatory services
201 only, each policy or certificate must be limited to coverage for
202 travel or use of accommodations of no longer than 90 days. The
203 license may be issued only to an individual or business entity
204 that has filed with the department an application for a license
205 in a form and manner prescribed by the department.
206 1. A limited lines travel insurance producer, as defined
207 ins. 647.02, shall be licensed to sell, solicit, or negotiate
208 travel insurance through a licensed insurer.
209 2. A person may not act as a limited lines travel
210 insurance producer or travel retailer unless properly licensed
211 or registered, respectively. As used in this paragraph, the term
212 "travel retailer" means a business entity that:
213 a. Makes, arranges, or offers planned travel.
214 b. May, under subparagraph 3., offer and disseminate
215 travel insurance as a service to its customers on behalf of and
216 under the direction of a limited lines travel insurance
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217 producer.
218 3. A travel retailer may offer and disseminate travel
219 insurance under a limited lines travel insurance producer
220 business entity license only if all of the following
221 requirements are met:
222 a. The limited lines travel insurance producer or travel
223 retailer provides to purchasers of travel insurance:
224 (I) A description of the material terms or the actual
225 material terms of the insurance coverage.
226 (II) A description of the process for filing a claim.
227 (III) A description of the review or cancellation process
228 for the travel insurance policy.
229 (IV) The identity and contact information of the insurer
230 and limited lines travel insurance producer.
231 b. At the time of licensure, the limited lines travel
232 insurance producer establishes and maintains a register on the
233 department's website and appoints each travel retailer that
234 offers travel insurance on behalf of the limited lines travel
235 insurance producer. The limited lines travel insurance producer
236 must maintain and update the register, which must include the
237 travel retailer's federal tax identification number and the
238 name, address, and contact information of the travel retailer
239 and an officer or person who directs or controls the travel
240 retailer's operations. The limited lines travel insurance
241 producer shall submit the register to the department upon
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242 reasonable request. The limited lines travel insurance producer
243 shall also certify that the travel retailer register complies
244 with 18 U.S.C. s. 1033. The grounds for the suspension and
245 revocation and the penalties applicable to resident insurance
246 producers under this section apply to the limited lines travel
247 insurance producers and travel retailers.
248 c. The limited lines travel insurance producer has
249 designated one of its employees as the designated responsible
250 producer. The designated responsible producer, who must be a
251 licensed insurance producer, is responsible for compliance with
252 the travel insurance laws and regulations applicable to the
253 limited lines travel insurance producer and its registrants. The
254 designated responsible producer and the president, secretary,
255 treasurer, and any other officer or person who directs or
256 controls the limited lines travel insurance producer's insurance
257 operations must comply with the fingerprinting requirements
258 applicable to insurance producers in the resident state of the
259 limited lines travel insurance producer.
260 d. The limited lines travel insurance producer has paid
261 all applicable licensing and appointment fees, as set forth in
262 applicable general law.
263 e. The limited lines travel insurance producer requires
264 each employee and each authorized representative of the travel
265 retailer whose duties include offering and disseminating travel
266 insurance to receive a program of instruction or training, which
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267 is subject, at the discretion of the department, to review and
268 approval. The training material must, at a minimum, contain
269 adequate instructions on the types of insurance offered, ethical
270 sales practices, and required disclosures to prospective
271 purchasers.
272
273 As used in this paragraph, the term ''offer and disseminate"
274 means to provide general information, including a description of
275 the coverage and price, as well as processing the application
276 and collecting premiums.
277 4. A travel retailer offering or disseminating travel
278 insurance shall make available to prospective purchasers
279 brochures or other written materials that have been approved by
280 the travel insurer. Such materials must include information
281 that, at a minimum:
282 a. Provides the identity and contact information of the
283 insurer and the limited lines travel insurance producer.
284 b. Explains that the purchase of travel insurance is not
285 required in order to purchase any other product or service from
286 the travel retailer.
287 c. Explains that a travel retailer is authorized to
288 provide only general information about the insurance offered by
289 the travel retailer, including a description of the coverage and
290 price, but is not qualified or authorized to answer technical
291 questions about the terms and conditions of the insurance
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292 offered by the travel retailer or to evaluate the adequacy of
293 the customer's existing insurance coverage.
294 5. A travel retailer employee or authorized representative
295 who is not licensed as an insurance producer may not:
296 a. Evaluate or interpret the technical terms, benefits,
297 and conditions of the offered travel insurance coverage;
298 b. Evaluate or provide advice concerning a prospective
299 purchaser's existing insurance coverage; or
300 c. Hold himself or herself or the travel retailer out as a
301 licensed insurer, licensed producer, or insurance expert.
302
303 Notwithstanding any other law, a travel retailer whose
304 insurance-related activities, and those of its employees and
305 authorized representatives, are limited to offering and
306 disseminating travel insurance on behalf of and under the
307 direction of a limited lines travel insurance producer meeting
308 the conditions in this section may receive related compensation
309 upon registration by the limited lines travel insurance producer
310 as described in paragraph (2) (b).
311 6. As the insurer's designee, the limited lines travel
312 insurance producer is responsible for the acts of the travel
313 retailer and shall use reasonable means to ensure compliance by
314 the travel retailer with this section.
315 7. Any person licensed as a general or personal lines
316 agent may sell, solicit, and negotiate travel insurance.+
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317 1. To a full time salaried employee of a coFRFRon carrier or
318 a full time salaried employee or owner of a transportation
319 ticket agency and may authorize the sale of such ticket policies
320 only in connection with the sale of transportation ticlcets, or
321 to the full time salaried employee of such an agent. Such policy
322 may not be for more than 48 hours or more than the duration of a
323 specified one way trip or round trip.
324 2. To an entity or individual that is:
325 a. The developer of a timeshare plan that is the subject
326 of an approved public offering statement under chapter 721;
327 b. An e1whange company operating an e1whange program
328 approved under chapter 721;
329 c. A managing entity operating a timeshare plan approved
330 under chapter 721;
331 d. A seller of travel as defined in chapter 559; or
332 e. A subsidiary or affiliate of any of the entities
333 described in sub subparagraphs a. d.
334 3. To a full time salaried employee of a licensed general
335 lines agent or a business entity that offers travel planning
336 services if insurance sales activities authorized by the license
337 are in connection with, and incidental to, travel.
338 a. A license issued to a business entity that offers
339 travel planning services must encompass each office, branch
340 office, or place of business malcing use of the entity's business
341 name in order to offer, solicit, and sell insurance pursuant to
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342 this paragraph.
343 b. The application for licensure must list the name,
344 address, and phone number for each office, branch office, or
345 place of business that is to be covered by the license. The
346 licensee shall notify the department of the name, address, and
347 phone number of any new location that is to be covered by the
348 license before the new office, branch office, or place of
349 business engages in the sale of insurance pursuant to this
350 paragraph. The licensee shall notify the department within 30
351 days after the closing or terminating of an office, branch
352 office, or place of business. Upon receipt of the notice, the
353 department shall delete the office, branch office, or place of
354 business from the license.
355 c. A licensed and appointed entity is directly responsible
356 and accountable for all acts of the licensee's employees and
357 parties with whom the licensee has entered into a contractual
358 agreement to offer travel insurance.
359
360 A licensee shall require each individual who offers policies or
361 certificates under subparagraph 2. or subparagraph 3. to receive
362 initial training from a general lines agent or an insurer
363 authorized under chapter 624 to transact insurance within this
364 state. For an entity applying for a license as a travel
365 insurance agent, the fingerprinting requirement of this section
366 applies only to the president, secretary, and treasurer and to
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367 any other officer or person who directs or controls the travel
368 insurance operations of the entity.
369 Section 10. Paragraph (a) of subsection (2) of section
370 627.062, Florida Statutes, is amended to read:
371 627.062 Rate standards.-
372 (2) As to all such classes of insurance:
373 (a) Insurers or rating organizations shall establish and
374 use rates, rating schedules, or rating manuals that allow the
375 insurer a reasonable rate of return on the classes of insurance
376 written in this state. A copy of rates, rating schedules, rating
377 manuals, premium credits or discount schedules, and surcharge
378 schedules, and changes thereto, must be filed with the office
379 under one of the following procedures:
380 1. If the filing is made at least 90 days before the
381 proposed effective date and is not implemented during the
382 office's review of the filing and any proceeding and judicial
383 review, such filing is considered a "file and use" filing. In
384 such case, the office shall finalize its review by issuance of a
385 notice of intent to approve or a notice of intent to disapprove
386 within 90 days after receipt of the filing. If the 90-day period
387 ends on a weekend or a holiday under s. 110.117(1) (a)-(i), it
388 must be extended until the conclusion of the next business day.
389 The notice of intent to approve and the notice of intent to
390 disapprove constitute agency action for purposes of the
391 Administrative Procedure Act. Requests for supporting
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392 information, requests for mathematical or mechanical
393 corrections, or notification to the insurer by the office of its
394 preliminary findings does not toll the 90-day period during any
395 such proceedings and subsequent judicial review. The rate shall
396 be deemed approved if the office does not issue a notice of
397 intent to approve or a notice of intent to disapprove within 90
398 days after receipt of the filing.
399 2. If the filing is not made in accordance with
400 subparagraph 1., such filing must be made as soon as
401 practicable, but within 30 days after the effective date, and is
402 considered a ''use and file'' filing. An insurer making a "use and
403 file" filing is potentially subject to an order by the office to
404 return to policyholders those portions of rates found to be
405 excessive, as provided in paragraph (h).
406 3. For all property insurance filings made or submitted
407 after January 25, 2007, but before May 1, 2012, an insurer
408 seeking a rate that is greater than the rate most recently
409 approved by the office shall make a ''file and use" filing. For
410 purposes of this subparagraph, motor vehicle collision and
411 comprehensive coverages are not considered property coverages.
412
413 The provisions of this subsection do not apply to workers'
414 compensation, employer's liability insurance, and motor vehicle
415 insurance.
416 Section 11. Paragraph (a) of subsection (1) of section
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417 627.0651, Florida Statutes, is amended to read:
418 627.0651 Making and use of rates for motor vehicle
419 insurance.-
420 (1) Insurers shall establish and use rates, rating
421 schedules, or rating manuals to allow the insurer a reasonable
422 rate of return on motor vehicle insurance written in this state.
423 A copy of rates, rating schedules, and rating manuals, and
424 changes therein, shall be filed with the office under one of the
425 following procedures:
426 (a) If the filing is made at least 60 days before the
427 proposed effective date and the filing is not implemented during
428 the office's review of the filing and any proceeding and
429 judicial review, such filing shall be considered a "file and
430 use" filing. In such case, the office shall initiate proceedings
431 to disapprove the rate and so notify the insurer or shall
432 finalize its review within 60 days after receipt of the filing.
433 If the 60-day period ends on a weekend or a holiday under s.
434 110.117(1) (a)-(i), it must be extended until the conclusion of
435 the next business day. Notification to the insurer by the office
436 of its preliminary findings shall toll the 60-day period during
437 any such proceedings and subsequent judicial review. The rate
438 shall be deemed approved if the office does not issue notice to
439 the insurer of its preliminary findings within 60 days after the
440 filing.
441 Section 12. Subsection (2) of section 627.410, Florida
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442 Statutes, is amended to read:
443 627.410 Filing, approval of forms.-
444 (2) Every such filing must be made at least 30 days in
445 advance of any such use or delivery. At the expiration of the 30
446 days, the form filed will be deemed approved unless prior
447 thereto it has been affirmatively approved or disapproved by
448 order of the office. The approval of such form by the office
449 constitutes a waiver of any unexpired portion of such waiting
450 period. The office may extend the period within which it may
451 affirmatively approve or disapprove such form by up to 15 days
452 by giving notice of such extension before expiration of the
453 initial 30-day period. If the initial 30-day period or the 15-
454 day extension period ends on a weekend or a holiday under s.
455 110.117(1) (a)-(i), the review period must be extended until the
456 conclusion of the next business day. At the expiration of such
457 extended period, and in the absence of prior affirmative
458 approval or disapproval, such form shall be deemed approved.
459 Section 13. Subsection (2) of section 627.714, Florida
460 Statutes, is amended to read:
461 627.714 Residential condominium unit owner coverage; loss
462 assessment coverage required.-
463 (2) The maximum amount of any unit owner's loss assessment
464 coverage that can be assessed for any loss shall be an amount
465 equal to that unit owner's loss assessment coverage limit in
466 effect 1 day before the date of the occurrence that gave rise to
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467 the loss. Such coverage is applicable to any loss assessment
468 regardless of the date of the assessment by the association. Any
469 changes to the limits of a unit owner's coverage for loss
470 assessments made on or after the day before the date of the
471 occurrence are not applicable to such loss.
472 Section 14. Subsection (4) of section 627.7295, Florida
473 Statutes, is amended to read:
474 627.7295 Motor vehicle insurance contracts.-
475 (4) The insurer may cancel the policy in accordance with
476 this code except that, notwithstanding s. 627.728, an insurer
477 may not cancel a new policy or binder during the first 30 -6-G-
478 days immediately following the effective date of the policy or
479 binder for nonpayment of premium unless the reason for the
480 cancellation is the issuance of a check for the premium that is
481 dishonored for any reason or any other type of premium payment
482 that was subsequently determined to be rejected or invalid.
483 Section 15. The Division of Law Revision is directed to
484 create chapter 647, Florida Statutes, consisting of ss. 647.01-
485 647.08, Florida Statutes, to be entitled "Travel Insurance.''
486 Section 16. Section 647.01, Florida Statutes, is created
487 to read:
488 647.01 Purpose and scope.-
489 (1) The purpose of this chapter is to promote the public
490 welfare by creating a comprehensive legal framework within which
491 travel insurance may be sold in this state.
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492 (2) This chapter applies to:
493 (a) Travel insurance that covers any resident of this
494 state and that is sold, solicited, negotiated, or offered in
495 this state.
496 (b) Policies and certificates that are delivered or issued
497 for delivery in this state.
498
499 This chapter does not apply to cancellation fee waivers or
500 travel assistance services, except as expressly provided in this
501 chapter.
502 (3) All other applicable provisions of the insurance laws
503 of this state continue to apply to travel insurance, except that
504 the specific provisions of this chapter shall supersede any
505 general provisions of law that would otherwise be applicable to
506 travel insurance.
507 Section 17. Section 647.02, Florida Statutes, is created
508 to read:
509 647.02 Definitions.-As used in this chapter, the term:
510 (1) "Aggregator site" means a website that provides access
511 to information regarding insurance products from more than one
512 insurer, including product and insurer information, for use in
513 comparison shopping.
514 (2) "Blanket travel insurance'' means a policy of travel
515 insurance issued to an eligible group providing coverage to all
516 members of the eligible group without a separate charge to
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517 individual members of the eligible group.
518 (3) "Cancellation fee waiver" means a contractual
519 agreement between a supplier of travel services and its customer
520 to waive some or all of the nonrefundable cancellation fee
521 provisions of the supplier's underlying travel contract with or
522 without regard to the reason for the cancellation or form of
523 reimbursement. A cancellation fee waiver is not insurance.
524 ( 4) "Eligible group," solely for the purposes of travel
525 insurance, means two or more persons who are engaged in a common
526 enterprise or who have an economic, educational, or social
527 affinity or relationship, including, but not limited to, any of
528 the following:
529 (a) An entity engaged in the business of providing travel
530 or travel services, including, but not limited to:
531 1. A tour operator, lodging provider, vacation property
532 owner, hotel, resort, travel club, travel agency, property
533 manager, and cultural exchange program.
534 2. An operator, owner, or lessor of a means of
535 transportation of passengers, including, but not limited to, a
536 common carrier, airline, cruise line, railroad, steamship
537 company, and public bus carrier.
538
539 With regard to any particular travel or type of travel or
540 travelers, all members or customers of the group must have a
541 common exposure to risk attendant to such travel.
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542 (b) A university, college, school, or other institution of
543 learning, covering students, teachers, employees, or volunteers.
544 (c) An employer covering any group of employees,
545 volunteers, contractors, board of directors, dependents, or
546 guests.
547 (d) A sports team or camp, or a sponsor thereof, covering
548 participants, members, campers, employees, officials,
549 supervisors, or volunteers.
550 (e) A religious, charitable, recreational, educational, or
551 civic organization, or a branch thereof, covering any group of
552 members, participants, or volunteers.
553 (f) A financial institution or financial institution
554 vendor, or a parent holding company, trustee, or agent of or
555 designated by one or more financial institutions or financial
556 institution vendors, including account holders, credit card
557 holders, debtors, guarantors, or purchasers.
558 (g) An incorporated or unincorporated association,
559 including a labor union, having a common interest and
560 constitution and bylaws, which is organized and maintained in
561 good faith for purposes other than obtaining insurance coverage
562 for its members or participants.
563 (h) A trust or the trustees of a fund that covers its
564 members, employees, or customers and is established, created, or
565 maintained for the benefit of its members, employees, or
566 customers, subject to:
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567 1. The department's authorizing the use of a trust.
568 2. The premium tax provisions ins. 647.03 applicable to
569 incorporated or unincorporated associations that have a common
570 interest and constitution and bylaws and that are organized and
571 maintained in good faith for purposes other than obtaining
572 insurance coverage for their members, employees, or customers.
573 (i) An entertainment production company covering any group
574 of participants, volunteers, audience members, contestants, or
575 workers.
576 (j) A volunteer fire department, ambulance, rescue,
577 police, court, first-aid, civil defense, or other such volunteer
578 group.
579 (k) A preschool, daycare institution for children or
580 adults, or senior citizen club.
581 (1) An automobile or truck rental or leasing company
582 covering a group of individuals who may become renters, lessees,
583 or passengers as defined by their travel status on the rented or
584 leased vehicles. The common carrier, the operator, owner, or
585 lessor of a means of transportation, or the motor vehicle or
586 truck rental or leasing company is the policyholder under a
587 policy to which this section applies.
588 (m) Any other group for which the department has made the
589 following determinations:
590 1. The group members are engaged in a common enterprise or
591 have an economic, educational, or social affinity or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1
592 relationship.
593 2. Issuance of the travel insurance policy is not contrary
594 to the public interest.
595 (5) ''Fulfillment materials" means documentation sent to
596 the purchaser of a travel protection plan confirming the
597 purchase and providing the travel protection plan's coverage and
598 assistance details.
599 (6) "Group travel insurance" means travel insurance issued
600 to an eligible group.
601 (7) "Limited lines travel insurance producer" means:
602 (a} A licensed or third-party administrator;
603 (b} A licensed insurance producer, including a limited
604 lines producer; or
605 (c) A travel administrator.
606 (8) "Travel administrator" means a person who directly or
607 indirectly underwrites policies for; collects charges,
608 collateral, or premiums from; or adjusts or settles claims made
609 by residents of this state in connection with travel insurance,
610 except that a person is not considered a travel administrator if
611 the person is:
612 (a) A person working for a travel administrator, to the
613 extent that the person's activities are subject to the
614 supervision and control of the travel administrator;
615 (b} An insurance producer selling insurance or engaged in
616 administrative and claims-related activities within the scope of
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Amendment No. 1
617 the producer's license;
618 (c) A travel retailer, as defined s. 626.321(1) (c)2.,
619 offering and disseminating travel insurance and registered under
620 the license of a limited lines travel insurance producer in
621 accordance with s. 626.321 (1) (c);
622 (d) A person adjusting or settling claims in the normal
623 course of the person's practice or employment as an attorney at
624 law, without collecting charges or premiums in connection with
625 insurance coverage; or
626 (e) A business entity that is affiliated with a licensed
627 insurer while acting as a travel administrator for the direct
628 and assumed insurance business of the affiliated insurer.
629 ( 9) "Travel assistance services" means noninsurance
630 services for which the consumer is not indemnified based on a
631 fortuitous event, and the provision of which does not result in
632 the transfer or shifting of risk which would constitute the
633 business of insurance. The term includes, but is not limited to,
634 security advisories, destination information, vaccination and
635 immunization information services, travel reservation services,
636 entertainment, activity and event planning, translation
637 assistance, emergency messaging, international legal and medical
638 referrals, medical case monitoring, coordination of
639 transportation arrangements, emergency cash transfer assistance,
640 medical prescription replacement assistance, passport and travel
641 document replacement assistance, lost luggage assistance,
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Amendment No. 1
642 concierge services, and any other service that is furnished in
643 connection with planned travel. Travel assistance services are
644 not insurance and are not related to insurance.
645 ( 10) "Travel insurance" means insurance coverage for
64 6 personal risks incidental to planned travel, including:
647 (a) Interruption or cancellation of trip or event;
648 (b) Loss of baggage or personal effects;
649 (c) Damages to accommodations or rental vehicles;
650 (d) Sickness, accident, disability, or death occurring
651 during travel;
652 (e) Emergency evacuation; or
653 (f) Any other contractual obligations to indemnify or pay
654 a specified amount to the traveler upon determinable
655 contingencies related to travel, as determined by the office.
656
657 Travel insurance does not include major medical plans that
658 provide comprehensive medical protection for travelers with
659 trips lasting longer than 6 months, including major medical
660 plans for those working or residing abroad as expatriates, any
661 other product that requires a specific insurance producer
662 license, or a contract sold by a ch. 497 licensee for
663 repatriation of remains or funeral services to be provided for a
664 beneficiary who dies outside of the service area of the
665 licensee.
666 ( 11) "Travel protection plan" means a plan that provides
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Amendment No. 1
667 one or more of the following: travel insurance, travel
668 assistance services, and cancellation fee waivers.
669 Section 18. Section 647.03, Florida Statutes, is created
670 to read:
671 647.03 Premium tax.-
672 (1) As used in this section, the term:
673 (a) "Primary certificateholder'' means an individual who
674 purchases travel insurance under a group policy.
675 (b) ''Primary policyholder" means an individual who
676 purchases individual travel insurance.
677 (2) A travel insurer shall pay the premium tax, as
678 required under s. 624.509, on travel insurance premiums paid by
679 any of the following:
680 (a) A primary policyholder who is a resident of this
681 state.
682 (b) A primary certificateholder who is a resident of this
683 state.
684 (c) A blanket travel insurance policyholder:
685 1. Who is a resident in this state;
686 2. Who has his or her principal place of business in this
687 state; or
688 3. Whose affiliate or subsidiary who has purchased blanket
689 travel insurance for eligible blanket group members has his or
690 her principal place of business in this state.
691
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Amendment No. 1
692 The premium tax under this subsection is subject to any
693 apportionment rules that apply to an insurer across multiple
694 taxing jurisdictions or that authorize an insurer to allocate
695 premium on an apportioned basis in a reasonable and equitable
696 manner in those jurisdictions.
697 (3) A travel insurer shall:
698 (a) Document the state of residence or principal place of
699 business of the policyholder or certificateholder, or an
700 affiliate or subsidiary thereof, as required under subsection
701 QL
702 (b) Report as premium only the amount allocable to travel
703 insurance and not any amounts received for travel assistance
704 services or cancellation fee waivers.
705 Section 19. Section 647.04, Florida Statutes, is created
706 to read:
707 647.04 Travel protection plans.-A travel protection plan
708 may be offered for one price for the combined features that the
709 travel protection plan offers in this state if the travel
710 protection plan meets all of the following requirements:
711 (1) The travel protection plan clearly discloses to the
712 consumer, at or before the time of purchase, that it includes
713 travel insurance, travel assistance services, and cancellation
714 fee waivers, as applicable, and provides information and an
715 opportunity, at or before the time of purchase, for the consumer
716 to obtain additional information regarding the features and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1
717 pricing of each.
718 (2) The fulfillment materials:
719 (a) Describe and delineate the travel insurance, travel
720 assistance services, and cancellation fee waivers in the travel
721 protection plan.
722 (b) Include the travel insurance disclosures required in
723 this chapter, the contact information for persons providing
724 travel assistance services, and cancellation fee waivers, as
725 applicable.
726 Section 20. Section 647.05, Florida Statutes, is created
727 to read:
728 647.05 Sales practices.-
729 (1) (a) All documents provided to a consumer before the
730 purchase of travel insurance, including, but not limited to,
731 sales materials, advertising materials, and marketing materials,
732 must be consistent with the travel insurance policy, including,
733 but not limited to, forms, endorsements, policies, rate filings,
734 and certificates of insurance.
735 (b) For travel insurance policies or certificates that
736 contain preexisting condition exclusions, information and an
737 opportunity to learn more about the preexisting condition
738 exclusions must be provided any time before the purchase.
739 Information on the exclusions and the opportunity to learn more
740 about these exclusions must be included in the coverage's
741 fulfillment materials.
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Amendment No. 1
742 (c) The fulfillment materials and the information
743 described ins. 626.321(1) (c)3.a. must be provided to a
744 policyholder or certificateholder as soon as practicable after
745 the purchase of a travel protection plan. Unless the insured has
746 started a covered trip or filed a claim under the travel
747 insurance coverage, the policyholder or certificateholder may
748 cancel a policy or certificate for a full refund of the travel
749 protection plan price from the date of purchase of a travel
750 protection plan until at least:
751 1. Fifteen days after the date of delivery of the travel
752 protection plan's fulfillment materials by postal mail; or
753 2. Ten days after the date of delivery of the travel
754 protection plan's fulfillment materials by means other than
755 postal mail.
756
757 For the purposes of this paragraph, the term "delivery" means
758 handing fulfillment materials to the policyholder or
759 certificateholder or sending fulfillment materials by postal
760 mail or electronic means to the policyholder or
761 certificateholder.
762 (d} An insurer shall disclose in the policy documentation
763 and fulfillment materials whether the travel insurance is
764 primary or secondary to other applicable coverage.
765 (e} If travel insurance is marketed directly to a consumer
766 through an insurer's website or by others through an aggregator
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Amendment No. 1
7 67 site, it is not an unfair trade practice or other violation of
7 68 law if the following requirements are met:
769 1. The web page provides an accurate summary or short
770 description of the coverage.
771 2. The consumer has access to the full provisions of the
772 policy through electronic means.
773 (2) A person offering, soliciting, or negotiating travel
774 insurance or travel protection plans on an individual or group
775 basis may not do so by using a negative or opt-out option that
776 would require a consumer to take an affirmative action to
777 deselect coverage, such as unchecking a box on an electronic
778 form, when the consumer purchases a trip.
779 (3) If a consumer's destination jurisdiction requires
780 insurance coverage, it is not an unfair trade practice to
781 require that the consumer choose between the following options
782 as a condition of purchasing a trip or travel package:
783 (a) Purchasing the coverage required by the destination
784 jurisdiction through the travel retailer, as defined s.
785 626.321(1) (c)2., or limited lines travel insurance producer
786 supplying the trip or travel package; or
787 (b) Agreeing to obtain and provide proof of coverage that
788 meets the destination jurisdiction's requirements before
789 departure.
790 (4) (a) A person offering travel insurance to residents of
791 this state is subject to part IX of chapter 626, the Unfair
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Amendment No. 1
792 Insurance Trade Practices Act, except as otherwise provided in
793 this chapter. If a conflict arises between this chapter and the
794 Unfair Insurance Trade Practices Act regarding the sale and
795 marketing of travel insurance and travel protection plans, the
796 provisions of this chapter shall control.
7 97 (b) A person commits an unfair insurance trade practice
7 98 under the Unfair Insurance Trade Practices Act if the person:
799 1. Offers or sells a travel insurance policy that could
800 never result in payment of any claims for any insured under the
801 policy; or
802 2. Markets blanket travel insurance coverage as free.
803 Section 21. Section 647.06, Florida Statutes, is created
804 to read:
805 647.06 Travel administrators.-
806 (1) Notwithstanding any other provision of the Florida
807 Insurance Code, a person may not act or represent himself or
808 herself as a travel administrator in this state unless the
809 person:
810 (a) Is a licensed and appointed property and casualty
811 insurance producer in this state for activities authorized under
812 that producer license;
813 (b) Is a licensed insurance agency, appointed as a
814 managing general agent in this state; or
815 (c) Holds a valid third-party administrator license in
816 this state.
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Amendment No. 1
817 (2) A travel administrator and its employees are exempt
818 from the licensing requirements of part VI of chapter 626 for
819 the travel insurance it administers.
820 (3) An insurer is responsible for ensuring that a travel
821 administrator administering travel insurance underwritten by the
822 insurer:
823 (a) Acts in accordance with this chapter.
824 (b) Maintains all books and records that are relevant to
825 the insurer and makes these books and records available to the
826 department upon request.
827 Section 22. Section 647.07, Florida Statutes, is created
828 to read:
829 647.07 Travel insurance policy.-
830 (1) Notwithstanding any other provision of the Florida
831 Insurance Code, travel insurance shall be classified and filed
832 for purposes of rates and forms under the inland marine line of
833 insurance; however, travel insurance that provides coverage for
834 sickness, accident, disability, or death occurring during
835 travel, either exclusively or in conjunction with related
836 coverages of emergency evacuation or repatriation of remains, or
837 incidental limited property and casualty benefits, such as
838 baggage or trip cancellation, may be classified and filed for
839 purposes of rates and forms under either the accident and health
840 line of insurance or the inland marine line of insurance.
841 (2) Travel insurance may be in the form of an individual,
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Amendment No. 1
842 group, or blanket policy. Group or blanket policies are
843 classified as commercial inland marine insurance under s.
844 627.021(2) (d). Travel insurance policies not issued to a
845 commercial entity and primarily used for personal, family, or
846 household purposes are considered personal inland marine
847 insurance and shall not be subject to s. 627.062. Sections of
848 policies or endorsements for travel insurance which are
849 considered personal inland marine insurance consisting of travel
850 assistance services or cancellation fee waivers are not subject
851 to s. 627.410.
852 (3) Travel insurance programs may be developed and
853 provided based on travel protection plans designed for
854 individual or identified marketing or distribution channels.
855 Section 23. Section 647.08, Florida Statutes, is created
856 to read:
857 647.08 Rulemaking authority.-The office shall adopt rules
858 to administer this chapter.
859 Section 24. Except as otherwise expressly provided in this
860 act and except for this section, which shall take effect upon
861 this act becoming a law, this act shall take effect July 1,
862 2020.
863
864
865
866 T I T L E A ME N D ME N T
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Amendment No. 1
867 Remove everything before the enacting clause and insert:
8 68 A bill to be entitled
869 An act relating to insurance; amending s. 319.30, F.S.; revising
870 a certain electronic signature requirement for a motor vehicle
871 salvage certificate of title; amending ss. 440.12 and 440.20,
872 F.S.; authorizing the payment of certain workers' compensation
873 benefits to be transmitted to the employee's account with a
874 licensed money transmitter; amending s. 624.155, F.S.; revising
875 requirements and procedures for the civil remedy notice provided
876 to insurers and the Department of Financial Services; revising
877 the timeframe for an insurer to pay damages or for certain
878 circumstances to be corrected; revising circumstances that toll
879 the applicable statute of limitations and the period the statute
880 of limitations is tolled; amending ss. 624.307 and 624.315,
881 F.S.; providing that certain aggregate information containing
882 trade secret information may be publicly disclosed by the
883 department or the Office of Insurance Regulation, except under
884 certain circumstances; amending s. 624.422, F.S., requiring
885 insurers to file with the department certain contact information
886 for service of process; amending s. 626.321, F.S.; providing
887 that certain travel insurance licenses are subject to review by
888 the department rather than by the office; revising persons who
889 may be licensed to transact in travel insurance; specifying
890 licensure and registration requirements for certain persons;
891 defining the term "travel retailer"; specifying requirements
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Amendment No. 1
892 for, restrictions on, and authorized acts by travel retailers
893 and limited lines travel insurance producers; defining the term
894 "offer and disseminate"; authorizing certain persons to sell,
895 solicit, and negotiate travel insurance; amending ss. 627.062,
896 627.0651, and 627.410, F.S.; specifying that certain periods
8 97 ending on a weekend or on certain holidays are extended until
898 the conclusion of the next business day; amending s. 627.714,
899 F.S.; revising criteria for assessing a residential condominium
900 unit owner's loss assessment coverage; amending s. 627.7295,
901 F.S.; decreasing the timeframe during which an insurer may not
902 cancel a new policy or binder of motor vehicle insurance for
903 nonpayment of premium, except under certain circumstances;
904 creating ch. 647, F.S., entitled "Travel Insurance''; creating s.
905 647.01, F.S.; providing legislative purpose; providing
906 applicability; creating s. 647.02, F.S.; defining terms;
907 creating s. 647.03, F.S.; defining the terms "primary
908 certificateholder" and "primary policyholder"; requiring travel
909 insurers to pay the insurance premium tax on specified travel
910 insurance premiums; providing construction; specifying
911 requirements for travel insurers; creating s. 647.04, F.S.;
912 providing that a travel protection plan may be offered for one
913 price if it meets specified requirements; creating s. 647.05,
914 F.S.; specifying sales practice requirements, prohibited sales
915 practices, and authorized sales practices relating to travel
916 insurance; specifying a policyholder or certificateholder's
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Bill No. CS/HB 359 (2020)
Amendment No. 1
917 right to cancel a travel protection plan for a full refund;
918 defining the term "delivery"; specifying unfair insurance trade
919 practices; providing construction; creating s. 647.06, F.S.;
920 specifying qualifications for travel administrators; providing
921 an exemption from certain licensure; providing that insurers are
922 responsible for ensuring certain acts by travel administrators;
923 creating s. 647.07, F.S.; specifying the classification for
924 travel insurance for rate filing purposes; specifying authorized
925 forms of travel insurance; providing applicability of certain
926 provisions of the Rating Law; authorizing the development and
927 provision of travel insurance programs on certain bases;
928 creating s. 647.08, F.S.; requiring the department to adopt
929 rules; providing effective dates.
930
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Bill No. CS/HB 359 (2020)
Amendment No. aal
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Santiago offered the following:
3
4 Amendment to Amendment (879785) by Representative Santiago
5 (with title amendment)
6 Between lines 415 and 416 of the amendment, insert:
7 Section 11. Paragraphs (b), (c), (d), (e), (f), and (g) of
8 subsection (1) of section 627.072, Florida Statutes, are
9 redesignated as paragraphs (c), (d), (e), (f), (g), and (h),
10 respectively, and paragraph (b) is added to that subsection, to
11 read:
12 627.072 Making and use of rates.-
13 (1) As to workers' compensation and employer's liability
14 insurance, the following factors shall be used in the
15 determination and fixing of rates:
16 (b) The impact resulting from past loss experience and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 359 (2020)
Amendment No. aal
17 prospective loss experience for insurers whose data is missing
18 from statewide experience due to insolvency. Prior reported data
19 for such insurers and all other relevant information may be used
20 to assess the impact on rates.
21
22
23
24 T I T L E A ME N D ME N T
25 Remove line 898 of the amendment and insert:
26 the conclusion of the next business day; amending s. 627.072,
27 F.S., providing a ratemaking factor for workers' compensation
28 and employer's liability insurance; amending s. 627.714,
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 529 Insurance Guaranty Associations
SPONSOR(S): Insurance & Banking Subcommittee, Webb
TIED BILLS: IDEN./SIM. BILLS: SB 898
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 14 Y, 0 N, As CS Fortenberry Cooper
2) Ways & Means Committee 16 Y, 0 N Aldridge Langston
3) Commerce Committee
SUMMARY ANALYSIS
A condominium is a form of ownership of real property comprised of units along with an undivided right of
access to common elements. A condominium association is responsible for the operation and maintenance of
the common elements and all unit owners are members of the condominium association. A condominium
association must use its best efforts to maintain an insurance policy for the benefit of the association, the
association property, and the common elements belonging to all condominium unit owners.
Florida law provides for guaranty associations to ensure policyholders of insolvent insurers are protected with
respect to insurance premiums paid and settlement of outstanding claims. Insurers are required to participate
in the guaranty associations as a condition of transacting insurance business in Florida. Florida operates four
guaranty associations including the Florida Insurance Guaranty Association (FIGA).
FIGA issues guaranty fund payments for all lines of property and casualty insurance, including policies written
to condominium associations, with certain exceptions. FIGA maintains two accounts, including one for auto
insurers and one for all other property and casualty insurers that are covered by FIGA. Florida law provides
that FIGA is only obligated to pay the portions of claims, made to insolvent property and casualty insurers,
which are in excess of $100, and less than $300,000. For policies providing homeowner's insurance coverage,
FIGA provides for up to an additional $200,000 for the portion of a covered claim which relates to the damage
to the structure and contents. However, for policies covering condominium associations FIGA's coverage is
capped at $100,000 multiplied by the number of condominium units in the condominium association.
If an insurer's assets are insufficient to pay all claims, FIGA can issue post-insolvency assessments to obtain
funds to pay the remaining claims. The assessments levied against any insurer in a calendar year may not
exceed more than two percent of that insurer's net direct written premium in Florida for the kinds of insurance
within an account maintained by FIGA. In the event that these assessments are insufficient to cover claims of
insurers rendered insolvent by the effects of a hurricane, FIGA may levy emergency assessments, in an
amount not to exceed two percent of that insurer's net written premiums written in Florida for the kinds of
insurance within an account.
The bill changes the amount of coverage that FIGA must provide for each condominium unit within a
condominium association from a maximum of $100,000 multiplied by the number of units to $200,000
multiplied by the number of units. The bill also changes the amount of the emergency assessments that FIGA
is authorized to levy against any insurer from a maximum of two percent of that insurer's net written premiums
in Florida for the kinds of insurance within either the auto or all other insurance accounts maintained by FIGA
to a maximum of four percent of the same premiums.
This bill does not impact local or state government revenues or expenditures. It potentially has both positive
and negative direct economic impacts on the private sector.
This bill has an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0529d.C0M.D0CX
DATE: 2/18/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Condominiums and Condominium Associations
A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., comprised of
units, which may be owned by one or more persons, along with an undivided right of access to common
elements. 1 Common elements are those portions of condominium property not located within the
boundaries of the individual condominium units2 and are considered jointly owned by all of the
condominium unit owners. Examples of common elements include roofs, heating and air conditioning
systems, exterior walls, pipes, and electrical systems.
A condominium is created by recording a declaration of condominium in the public records of the
county where the condominium is located. 3 The declaration governs the relationships among
condominium unit owners and a condominium association. The condominium association is an entity
responsible for the operation and maintenance of the common elements owned by the unit owners, and
all unit owners of condominiums are members of the condominium association. The condominium
association is overseen by an elected board of directors, commonly referred to as a board of
administration. 4 The board enacts bylaws, which government administration of the condominium
association. 5
Insurance Policies Held by Condominium Associations
A condominium association must use its best efforts to maintain an insurance policy for the benefit of
the association, the association property, and the common elements belonging to all condominium unit
owners. One of the most significant common elements typically covered by condominium association
insurance is roofs. Roofs are also some of the most likely elements to be severely damaged in a
windstorm or hurricane. Condominium association insurance coverage does not include personal
property within a unit or a unit's limited common elements, floor, wall, ceiling coverings, electrical
fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window
treatments. 6 Insurance coverage for such property is the responsibility of the unit owner. 7
Guaranty Associations
Under federal law, insurance companies cannot file for bankruptcy. 8 Instead, they are either
rehabilitated or liquidated by their state of domicile. Florida law establishes the system for the
treatment of impaired or insolvent insurers 9 in Florida and sets up guaranty payments where
°
necessary. 1 Florida law provides for guaranty associations to ensure policyholders of insolvent
insurers are protected with respect to insurance premiums paid and settlement of outstanding claims,
1
S. 718.103(11), F.S.
2
S. 718.103(8), F.S.
3
S. 718.104(2), F.S.
4
S. 718.111, F.S.
5
S. 718.112, F.S.
6
S. 718.111, F.S.
7 Id.
8
11 U.S.C. § 109(b)(2).
9
"An 'insolvent insurer' means an insurer that was authorized to transact insurance in this state, either at the time the policy was
issued or when the insured event occurred, and against which an order of liquidation with a finding of insolvency has been entered by
a court of competent jurisdiction if such order has become final by the exhaustion of appellate review." S. 631.54(7), F.S.
10
Ch. 631, F.S.
STORAGE NAME: h0529d.COM.D0CX PAGE: 2
DATE: 2/18/2020
up to limits provided by law. 11 A guaranty association is a not-for-profit corporation created by law and
directed to protect policyholders from financial losses and delays in claims payment and settlements
due to the insolvency of an insurer. 12 Insurers are required to participate in the guaranty associations
as a condition of transacting insurance business in Florida. Florida operates four guaranty associations
including the Florida Insurance Guaranty Association (FIGA) 13 .
Florida Insurance Guaranty Association
FIGA provides a "mechanism for the payment of covered claims under certain insurance policies to
avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of
the insolvency of an insurer." 14 It issues guaranty fund payments and provides related services for all
lines of property and casualty insurance, including policies written to condominium associations, with
certain exceptions. 15 When a Florida property and casualty insurer becomes insolvent, FIGA takes
over the claims of that insurer and pays the claims of its policyholders, ensuring that policyholders are
not left with unpaid claims. FIGA obtains funds to pay the claims of insolvent insurers located in Florida
from the liquidation of the assets of insolvent insurers by the Division of Rehabilitation and Liquidation
(the Division) in the Florida Department of Financial Services (DFS) and from the liquidation of assets
of insolvent insurers located outside Florida that transact insurance business in Florida. 16
Florida law provides that FIGA is only obligated to pay the portions of claims made to insolvent property
and casualty insurers, which are in excess of $100, and less than $300,000.17 It further establishes that
for policies providing homeowner's insurance coverage, FIGA provides for up to an additional $200,000
for the portion of a covered claim which related to the damage to the structure and contents. 18
However, for policies covering condominium associations, which the condominium associations have a
responsibility to provide insurance coverage on residential units within the association, FIGA's
coverage is capped at $100,000 multiplied by the number of condominium units in the condominium
association. 19
When an insolvent insurer is liquidated in Florida, FIGA assumes the claims and is "deemed the insurer
to the extent of its obligation on ... covered claims, and, ... shall have all rights, duties, defenses, and
obligations of the insolvent insurer as if the insurer had not become insolvent." 20 If an insurer's assets
are insufficient to pay all claims, FIGA can also issue post-insolvency assessments to obtain funds to
pay the remaining claims. 21 Currently, the assessments levied against any insurer in a calendar year
may not exceed more than two percent of that insurer's net direct written premium in Florida for the
kinds of insurance within an account. 22
11 Id.
12
See e.g., ss. 631.51 and 631.902, F.S.
13
Ch. 631, part II, F.S.
14
S. 631.51, F.S.
15
S. 631.52, F.S.
16
Sees. 631.061, F.S. for grounds for liquidation. Sees. 631.025, F.S., for an overview of persons subject to proceedings initiated by
the Division.
17
S. 631.57(1), F.S.
1s Id.
19 Id.
20
S. 631.57, F.S.
21 Id.
22
S. 63 l.57(3)(a), F.S. As established ins. 632.52, F.S., FIGA covers "all kinds of direct insurance" with certain exceptions, such as
life, annuity, health, disability, workers' compensation, and surplus lines insurance. FIGA maintains two accounts, including one for
auto insurance and one for all other property and casualty insurance who are covered by FIGA. When an auto insurer's assets are
insufficient to pay claims, all auto insurers within the auto account are assessed. When another property and casualty insurer's assets
are insufficient to pay claims, all insurers within the all other account are assessed.
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In the event that these assessments are insufficient to cover claims of insurers rendered insolvent by
the effects of a hurricane, FIGA may levy emergency assessments. 23 The emergency assessments
levied against any insurer in any one calendar year may not exceed more than two percent of that
insurer's net written premiums written in Florida for the kinds of insurance within either the auto or all
other insurance accounts maintained by FIGA. 24
Effect of Bill
The bill changes the amount of coverage that FIGA must provide for each condominium unit within a
condominium association from a maximum of $100,000 multiplied by the number of units to $200,000
multiplied by the number of units.
The bill also changes the amount of the emergency assessments that FIGA is authorized to levy
against any insurer from a maximum of two percent of that insurer's net written premiums in Florida for
the kinds of insurance within either the auto or all other insurance accounts maintained by FIGA to a
maximum of four percent of the same premiums.
B. SECTION DIRECTORY:
Section 1. Amends s. 631.57, F.S., relating to duties and powers of the association.
Section 2. Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
This bill has a positive effect on the private sector by providing additional coverage for condominium
unit owners when FIGA must pay claims under condominium association policies. It also has the
potential to have a negative impact on the private sector if FIGA deems it necessary to exercise its
increased emergency assessment authority. However, the potential for FIGA to exercise its emergency
assessment authority is more remote than the potential exercise of the initial assessment authority.
23
S. 63 l.57(3)(e)l., F.S.
24 Id.
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DATE: 2/18/2020
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 15, 2020, the Insurance and Banking Subcommittee considered the bill, adopted one amendment,
and reported the bill favorably as a committee substitute. The amendment made a technical change regarding
the percentage of the emergency assessment.
The staff analysis has been updated to reflect the committee substitute.
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 529 2020
1 A bill to be entitled
2 An act relating to insurance guaranty associations;
3 amending s. 631.57, F.S.; revising the obligations of
4 the Florida Insurance Guaranty Association,
5 Incorporated, for policies covering condominium
6 associations and homeowners' associations; revising
7 the percentage limits on the emergency assessments
8 levied against insurers by the Office of Insurance
9 Regulation; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (1) and paragraph
14 (e) of subsection (3) of section 631.57, Florida Statutes, are
15 amended to read:
16 631.57 Powers and duties of the association.-
17 (1) The association shall:
18 (a)l. Be obligated to the extent of the covered claims
19 existing:
20 a. Prior to adjudication of insolvency and arising within
21 30 days after the determination of insolvency;
22 b. Before the policy expiration date if less than 30 days
23 after the determination; or
24 c. Before the insured replaces the policy or causes its
25 cancellation, if she or he does so within 30 days of the
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 529 2020
26 determination.
27 2. The obligation under subparagraph 1. includes only the
28 amount of each covered claim which is in excess of $100 and is
29 less than $300,000, except that policies providing coverage for
30 homeowner's insurance shall provide for an additional $200,000
31 for the portion of a covered claim which relates only to the
32 damage to the structure and contents.
33 3.a. Notwithstanding subparagraph 2., the obligation under
34 subparagraph 1. for policies covering condominium associations
35 or homeowners' associations, which associations have a
36 responsibility to provide insurance coverage on residential
37 units within the association, shall include that amount of each
38 covered property insurance claim which is less than $200,000
39 $100,000 multiplied by the number of condominium units or other
40 residential units; however, as to homeowners' associations, this
41 sub-subparagraph applies only to claims for damage or loss to
42 residential units and structures attached to residential units.
43 b. Notwithstanding sub-subparagraph a., the association
44 has no obligation to pay covered claims that are to be paid from
45 the proceeds of bonds issued under s. 631.695. However, the
46 association shall assign and pledge the first available moneys
47 from all or part of the assessments to be made under paragraph
48 (3) (a) to or on behalf of the issuer of such bonds for the
49 benefit of the holders of such bonds. The association shall
50 administer any such covered claims and present valid covered
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 529 2020
51 claims for payment in accordance with the provisions of the
52 assistance program in connection with which such bonds have been
53 issued.
54 4. In no event shall the association be obligated to a
55 policyholder or claimant in an amount in excess of the
56 obligation of the insolvent insurer under the policy from which
57 the claim arises.
58 (3)
59 (e) 1. In addition to assessments authorized in paragraph
60 (a), and to the extent necessary to secure the funds for the
61 account specified in s. 631. 55 (2) (b) for the direct payment of
62 covered claims of insurers rendered insolvent by the effects of
63 a hurricane and to pay the reasonable costs to administer such
64 claims, or to retire indebtedness, including, without
65 limitation, the principal, redemption premium, if any, and
66 interest on, and related costs of issuance of, bonds issued
67 under s. 631.695 and the funding of any reserves and other
68 payments required under the bond resolution or trust indenture
69 pursuant to which such bonds have been issued, the office, upon
70 certification of the board of directors, shall levy emergency
71 assessments upon insurers holding a certificate of authority.
72 The emergency assessments levied against any insurer may not
73 exceed in any one calendar year more than i ~ percent of that
74 insurer's net written premiums in this state for the kinds of
75 insurance within the account specified in s. 631.55 (2) {b).
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CS/HB 529 2020
76 2. Emergency assessments authorized under this paragraph
77 shall be levied by the office upon insurers in accordance with
78 paragraph (f), upon certification as to the need for such
79 assessments by the board of directors. If the board participates
80 in the issuance of bonds in accordance withs. 631.695,
81 emergency assessments shall be levied in each year that bonds
82 issued under s. 631.695 and secured by such emergency
83 assessments are outstanding in amounts up to such 4 percent~
84 percent limit as required in order to provide for the full and
85 timely payment of the principal of, redemption premium, if any,
86 and interest on, and related costs of issuance of, such bonds.
87 The emergency assessments are assigned and pledged to the
88 municipality, county, or legal entity issuing bonds under s.
89 631.695 for the benefit of the holders of such bonds in order to
90 provide for the payment of the principal of, redemption premium,
91 if any, and interest on such bonds, the cost of issuance of such
92 bonds, and the funding of any reserves and other payments
93 required under the bond resolution or trust indenture pursuant
94 to which such bonds have been issued, without further action by
95 the association, the office, or any other party. If bonds are
96 issued under s. 631.695 and the association determines to secure
97 such bonds by a pledge of revenues received from the emergency
98 assessments, such bonds, upon such pledge of revenues, shall be
99 secured by and payable from the proceeds of such emergency
100 assessments, and the proceeds of emergency assessments levied
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 529 2020
101 under this paragraph shall be remitted directly to and
102 administered by the trustee or custodian appointed for such
103 bonds.
104 3. Emergency assessments used to defease bonds issued
105 under this part may be payable in a single payment or, at the
106 option of the association, may be payable in 12 monthly
107 installments with the first installment being due and payable at
108 the end of the month after an emergency assessment is levied and
109 subsequent installments being due by the end of each succeeding
110 month.
111 4. If emergency assessments are imposed, the report
112 required bys. 631.695(7) must include an analysis of the
113 revenues generated from the emergency assessments imposed under
114 this paragraph.
115 5. If emergency assessments are imposed, the references in
116 sub-subparagraph (1) (a)3.b. ands. 631.695(2) and (7) to
117 assessments levied under paragraph (a) must include emergency
118 assessments imposed under this paragraph.
119 6. If the board of directors participates in the issuance
120 of bonds in accordance withs. 631.695, an annual assessment
121 under this paragraph shall continue while the bonds issued with
122 respect to which the assessment was imposed are outstanding,
123 including any bonds the proceeds of which were used to refund
124 bonds issued pursuant to s. 631.695, unless adequate provision
125 has been made for the payment of the bonds in the documents
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 529 2020
126 authorizing the issuance of such bonds.
127 Section 2. This act shall take effect July 1, 2020.
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hb0529-01-c1
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/CS/HB 689 Department of Business and Professional Regulation
SPONSOR(S): Government Operations & Technology Appropriations Subcommittee, Business & Professions
Subcommittee, Rodriguez, A.
TIED BILLS: IDEN./SIM. BILLS: SB 912
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Business & Professions Subcommittee 13Y,ON,AsCS Wright Anstead
2) Government Operations & Technology 12 Y, 0 N, As CS Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Wright
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR), is responsible for licensing and regulating
tobacco and alcohol sales, pugilistic events, and condominium associations in Florida.
Related to tobacco taxing and reporting regulations, the bill:
• requires that business records related to cigarette and tobacco products must be filed with DBPR, through
their electronic system, and
• updates reporting requirements related to the sale of tobacco products.
Related to alcohol regulations, the bill:
• changes how alcoholic beverage license applicants submit fingerprints to DBPR,
• requires that an applicant for any alcoholic beverage license provide proof of the applicant's right of
occupancy for the entire premises for which the applicant is seeking to license,
• requires alcoholic beverage licensees to maintain a current electronic mail address with DBPR,
• requires reports on alcohol sales be submitted through DBPR's electronic system,
• requires notices related to a vendor payment delinquency to be made through electronic mail, and
• changes auditing timeframes for special restaurant licensees.
Related to pugilistic events regulations, the bill gives full authority to the Florida State Boxing Commission to
determine glove weights and requirements, including not requiring any gloves, for pugilistic matches.
Related to condominium association regulations, the bill:
• requires that a proposed annual budget be provided to members of the association and adopted by the
board of directors no later than 30 days before the beginning of the fiscal year,
• provides that a person may not serve on a board if he or she is delinquent in the payment of an assessment
due to the condominium association,
• removes the requirement that the Ombudsman keep his or her principal office in Leon County, and
• allows DBPR to adopt rules on the submission of complaints against condominium associations.
The bill will have no fiscal impact on the state or local governments.
The bill has an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0689d.COM.DOCX
DATE: 2/18/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations. 1
The Division of Regulation is the enforcement authority for the Florida State Boxing Commission, Labor
Organizations and Business Agents, Farm Labor Program, Child Labor Program, and any professional
boards and programs housed within the Division of Professions. 2 To ensure compliance with applicable
laws and rules by those professions and related businesses, The Division of Regulation investigates
complaints, utilizes compliance mechanisms, and performs inspections. 3
The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH) provides consumer
protection for Florida residents living in regulated communities through education, complaint resolution,
mediation and arbitration, and developer disclosure. 4 FCTMH has limited regulatory authority over the
following business entities and individuals: 5
• Condominium Associations;
• Cooperative Associations;
• Florida Mobile Home Parks and related associations;
• Vacation Units and Timeshares;
• Yacht and Ship Brokers and related business entities; and
• Homeowners' Associations Gurisdiction is limited to arbitration of election and recall disputes).
The Division of Alcoholic Beverages and Tobacco (ABT) regulates the manufacture, distribution, sale,
and service of alcoholic beverages and tobacco products in Florida, including:
• receipt and processing of license applications;
• collection and auditing of taxes, surcharges, and fees paid by licensees; and
1
s. 20.165, F.S.
2
Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/dbpr/reg/index.html (last visited Dec.
19, 2019).
3 Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-
of-regulation/ (last visited Jan. 8, 2020).
4 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Jan. 8, 2020).
5 Id.
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DATE: 2/18/2020
• enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco
products. 6
Tobacco
Background
ABT is responsible for the regulation of tobacco products under ch. 210, F.S., which sets out tax
requirements only for cigarettes and tobacco products, and ch. 569, F.S., which sets out requirements
for tobacco sales. 7
"Cigarettes" are defined ins. 210.01 (1 ), F.S., relating to state taxes on cigarettes, as "any roll for
smoking, except one of which the tobacco is fully naturally fermented, without regard to the kind of
tobacco or other substances used in the inner roll or the nature or composition of the material in which
the roll is wrapped, which is made wholly or in part of tobacco irrespective of size or shape and whether
such tobacco is flavored, adulterated or mixed with any other ingredient." This definition does not
include cigars.
"Tobacco products" are defined ins. 210.25(11), F.S., relating to state taxes on tobacco products other
than cigarettes or cigars, as "loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable
for chewing."
Cigars, nicotine products, and nicotine dispensing devices are not included in these definitions, and
therefore they are not taxed as a cigarette or tobacco product in Florida. 8
A person, firm, association, or corporation must obtain a permit from ABT to function as any of the
following in Florida:
• retail tobacco products dealer, 9
• cigarette manufacturer, 10
• cigarette wholesale dealer, 11
• cigarette distributing agent, 12
• cigarette importer, 13
• cigarette exporter, 14 or
• cigar wholesale dealer, 15 or
• tobacco wholesale dealer/distributor. 16
ABT collects monthly business records related to cigarettes, which are used to accurately collect and
distribute cigarette taxes. Such records must be submitted to ABT by any manufacturer, importer,
distributing agent, wholesale dealer, retail dealer, common carrier, or any other person handling,
6
Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited Jan. 8, 2020).
7 S. 561.02, F.S.
8
Ss. 210.01 (1), 210.25(12), F .S. "Nicotine dispensing device" means any product that employs an electronic, chemical, or mechanical
means to produce vapor from a nicotine product. "Nicotine products" do not include tobacco products, certain smoking cessation
products, and products with incidental nicotine. S. 877.112(1)(a},(b}, F.S.
9
S. 569.003, F.S.
10
Ss. 210.01 (21) and 210.15, F .S.
11
Ss. 210.01(6) and 210.15(1), F.S.
12 Ss. 210.01(14) and 210.15(1), F.S.
13 Ss. 210.01(20) and 210.15(1), F.S.
14 Ss. 210.01(17) and 210.15(1), F.S.
15
S. 210.65(2), F.S.
16 16 Ss. 210.25(5) and 210.40, F.S.
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transporting, or possessing cigarettes for sale or distribution in Florida. ABT prescribes the manner in
which these records are submitted. 17
ABT also collects monthly returns showing the taxable price of each tobacco product, not including
cigarettes or cigars, that is manufactured or brought or caused to be brought into Florida for sale. Such
returns must be submitted by every place of business that sells or manufactures such tobacco products
in Florida. ABT prescribes the form and content for submitting such returns to ABT. Each return must
be accompanied by a remittance for the full tax liability shown. 18
Effect of the Bill
The bill requires business records related to cigarette and tobacco products to be filed through ABT's
electronic data submission system.
The bill changes the requirements related to business records for tobacco products that must be
submitted to ABT. Instead of submitting a return showing the taxable price of each tobacco product,
tobacco product businesses must submit a full and complete report on tobacco product sales and
manufacturing.
Alcoholic Beverages
Requirements for Licensees and License Applicants
ABT is responsible for enforcing the Beverage Law and supervising the conduct, management, and
operation of the manufacturing, packaging, distribution, and sale of all alcoholic beverages in Florida. 19
Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any
way dealing in alcoholic beverages, must file a sworn application in the format prescribed by ABT. The
applicant must be a legal or business entity, person, or persons and must include all persons, officers,
shareholders, and directors of such legal or business entity that have a direct or indirect interest in the
business seeking to be licensed under this part. The format and content of the application is determined
by ABT. 20
Before any application is approved, ABT may require such applicant to file a set of fingerprints with ABT
on regular United States Department of Justice (USDOJ) forms, and for any person or persons
interested directly or indirectly with the applicant in the business for which the license is being sought. 21
All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied
by a certificate from H&R, the Department of Agriculture and Consumer Services, the Department of
Health, the Agency for Health Care Administration, or the county health department stating that the
place of business wherein the business is to be conducted meets all of the sanitary requirements of the
state. 22
Generally, for premises and manufacturing licenses, ABT requires that applicants must submit sketches
of the area and have some dominion and control over the area, but there is not a specific requirement
that applicants have a right of occupancy for the entire premises for which a license is sought. 23
17 S. 210.09(2), F.S. Some tax forms are electronically filed with ABT, and some require manual transmission. Department of Business
and Professional Regulation, Alcoholic Beverages and Tobacco- Forms & Publications, Licensing Related Forms, Tax-Related Forms,
http://www. myfloridalicense. com/0 BP R/alcoholic-beverages-and-tobacco/forms-and-publ ications/#1516309637983-6566a2a4-a2f1
(last visited Jan. 10, 2020).
1s S. 210.55(1 ), F.S.
19 S. 561.02, F.S.
20 S. 561.17(1), F.S.
21 Id.
22 Id.
23
Ss. 561.01(11), 565.03(2)(c}, F.S.; Email from Conner Mann, Office of Legislative Affairs, DBPR, RE: House Inquiry, (Dec. 19, 2019).
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There is also not a statutory requirement that licensees or applicants provide and maintain an electronic
mail address for communications with ABT.
Each manufacturer, distributor, broker, sales agent, importer, and exporter must keep a complete and
accurate record and make reports showing the amount of: 24
• beverages manufactured or sold within the state and to whom sold;
• beverages imported from beyond the limits of the state and to whom sold; and
• beverages exported beyond the limits of the state, to whom sold, the place where sold, and the
address of the person to whom sold.
Each manufacturer, distributor, broker, sales agent, and importer must send this full and complete
report to ABT by the 10th day of each month for the previous calendar month. The report must be made
out in triplicate: two copies must be sent to ABT, and the third copy must be retained for the licensee's
record. Reports must be made on forms prepared and furnished by ABT. 25
Credit for the Sale of Liquor
Vendors have up to 10 days after the calendar week when a sale of liquor was made to make a timely
payment to a distributor for such liquor. When a vendor does not make a timely payment, the distributor
who made such sale must, within 3 days, notify ABT of such in writing. 26
ABT must then give notice to such vendor that it has received a notice of payment delinquency from a
distributor. The vendor has 5 days after receipt of such notice to show cause and demand a hearing.
The demand must be delivered to ABT either in person or by due course of mail within those 5 days. 27
If no such demand for hearing is made, ABT must declare in writing to such vendor and to all
manufacturers and distributors in Florida that all further sales to such vendor are prohibited until ABT
certifies in writing that such vendor has fully paid for all previously purchased liquors. 28
Permit Carriers
"Permit carrier'' is defined as "a licensee authorized to make deliveries as provided ins. 561.57, F.S." 29
In 2015, the Legislature passed a law amending s. 561.57, F.S., which allowed a licensed vendor to
transport alcoholic beverages from a distributor's place of business to the vendor's licensed premises
or off-premises storage permitted by ABT without a vehicle permit. It also removed the requirement for
such vendors to possess an invoice or sales ticket during the transportation of alcoholic beverages. 30
When this law was passed, the definition for "permit carrier," which was the name of the permit that was
removed, was erroneously left in statute and is now obsolete. 31
Auditing for Special Licenses
Section 561.20(1 }, F.S., limits, by county, the number of alcoholic beverage licenses that may be
issued for the sale of distilled spirits, to one license per 7,500 residents within the county. These limited
alcoholic beverage licenses are known as "quota" licenses. The quota license is the only alcoholic
24 S. 561.55(1 ), F.S.
25 S. 561.55(2), F.S.
26 S. 561.42(3), F.S.
27
S. 561.42(4), F.S.
2a Id.
29
S. 561.01 (20), F.S.
3
°Ch. 2015-52, Laws of Fla.
31
Id.; S. 561.01, F.S.
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beverage license that is limited in number; all other types of alcoholic beverage licenses are available
without limitation, if certain conditions are met.
A "special license" is an exception to the quota licensing scheme, which allows certain entities to serve
liquor without a quota license. One such special license is a "special restaurant license," which applies
to a food service establishment that has 2,500 square feet, is equipped to serve 150 persons at one
time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages. Such a food service establishment must be audited by ABT for compliance
with the food and nonalcoholic beverage sales percentage requirements during the first 60-day
operating period, and each 12-month operating period thereafter.
Failure by a sales licensee to satisfy the requirements as to the percentages of food and nonalcoholic
beverage sales results in revocation of the special license. A licensee whose license is revoked is
ineligible to have an interest in a subsequent application for a license for 120 days after the
revocation. 32
Effect of the Bill
The bill changes the mechanism through which applicants submit fingerprints to ABT. Instead of using
USDOJ forms, applicants will need to either file fingerprints electronically through an approved
electronic fingerprinting vendor, or use a form prescribed by the Florida Department of Law
Enforcement.
The bill requires that an applicant for any alcoholic beverage license provide proof of the applicant's
right of occupancy for the entire premises that the applicant is seeking a license.
The bill requires any person licensed or permitted by ABT to provide an electronic mail address to ABT
to function as the primary contact for all communication from ABT to the licensee or permittee. Such
licensees and permittees are responsible for maintaining accurate contact information with ABT.
The bill removes the requirement that reports on alcoholic beverages sold by a manufacturer,
distributor, broker, sales agent, and importer must be made out in triplicate. Instead, the reports will be
submitted to ABT through ABT's electronic data submission system.
The bill requires ABT to send a notice of payment delinquency to a vendor via electronic mail, not by
written notice. The bill also allows a vendor to send a demand for a hearing to ABT via electronic mail.
The bill removes the obsolete definition for "permit carrier."
The bill changes ABT auditing timeframes for special restaurant licensees. The bill gives ABT more
time to complete the initial audit. The first audit must be performed within the first 120 days of
operation, instead of within the first 60 days.
Also, instead of a mandatory yearly audit, the timing for subsequent audits will be determined by the
following percentages of the licensee's gross food and beverage revenue from the sale of food an non-
alcoholic beverages, as established by the licensee's most recent audit:
• level 1 licensees, with 51 to 60 percent, will be audited every year;
• level 2 licensees, with 61 to 75 percent, will be audited every 2 years;
• level 3 licensees, with 76 to 90 percent, will be audited every 3 years; and
• level 4 licensees, with 91 to 100 percent, will be audited every 4 years.
32 S. 561.20(2)(a)4., F.S.
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Pugilistic Exhibitions
Background
Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC). The function of the FSBC is
to license and regulate pugilistic events and matches, including professional boxing, kickboxing, and
mixed martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of
state laws and rules. The FSBC designates employees to attend the matches, appoints match officials,
and ensures the matches are held in a safe and fair manner. 33 Members of the FSBC are appointed by
the Governor, and there are five members. 34
A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, 35
matchmaker, or promoter must be licensed by FSBC before directly or indirectly acting in such capacity
in connection with any match. In order to obtain a license, an applicant must: 36
• complete an application in a form prescribed by the FSBC,
• be at least 18 years of age, and
• pay an application fee.
The FSBC generally establishes by rule any necessary protective devices that participants must wear,
and the appropriate weight of gloves to be used in each boxing match. However, by statute, all
participants in boxing matches must wear gloves weighing not less than 8 ounces each, and
participants in mixed martial arts matches must wear gloves weighing between 4 to 8 ounces each. 37
The FSBC requires that any glove intended to be used by a boxing or kickboxing participant in a match
to be whole, clean, in sanitary condition, and have the thumb attached. 38 When both participants in a
match weigh 154 pounds or less, both participants must use 8 ounce gloves, and when one or more of
the participants in a match weighs more than 154 pounds, both participants must use 10 ounce
gloves. 39
For mixed martial arts participants, the FSBC requires gloves to be whole, clean, and in sanitary
condition. 40 Gloves must weigh no less than 4 ounces and no more than 8 ounces, but both participants
must wear the same weight gloves and use the same manufacturer of gloves as provided by the
promoter, unless both participants agree to use different manufacturers of gloves. 41
There is a debate as to whether bare knuckle boxing is safer or more dangerous than competitions with
gloves. Data on the topic is limited. Gloves were initially introduced to boxing matches in the 181h
century as a way to protect the participants' hands, not heads. 42 Experts opposed to bare knuckle
matches argue that gloves help in blocks and other defensive moves, and therefore provide head
protection, and that bare knuckle matches generally involve more body shots, which can result in
serious internal injuries. 43 However, experts in favor of bare knuckle matches argue that the force
behind a bare knuckle punch is generally less than a gloved punch, which can be safer for head strikes,
33
S. 548.003, F.S.
34 S. 548.003(1), F.S.
35
A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain a license in good standing, and must
demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S.
36
S. 548.021, F.S.
37 S. 548.043(3), F.S.
38 R. 61 K1-3.030(2)(d), F.A.C.
39 R. 61K1-3.030(2)(a), (b), F.A.C.
4D R. 61K1-3.031(2)(b), F.A.C.
41
R. 61K1-3.031(2)(a), F.A.C.
42 Bob Moen, Bare-knuckle boxing from a bygone era looks for a comeback, AP News,
https://apnews.com/a0926f603f6b4d83a958cc1d0fa9296e (last visited Jan. 11, 2020); Nick Wong, Why Bare-Knuckle Fighting May Be
Safer Than Boxing, Complex Media, Inc., https://www.complex.com/sports/2015/11/bare-knuckle-boxing (last visited Jan. 11, 2020).
43 Id.
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and that a bare knuckle match generally involves less total strikes due to hand injuries resulting from no
glove protection, which can lead to less injuries overall. 44
In 2011, the Yavapai Nation in Arizona oversaw a bare knuckle boxing match on an Indian reservation,
that is generally believed to be the first sanctioned bare knuckle boxing match in the United States
since 1889. 45 In 2018, Wyoming became the first state to allow bare knuckle boxing matches, and held
a championship event. 46 On June 22, 2019, in Tampa, Florida, the FSBC sanctioned The Bare Knuckle
Fighting Championship, where the participants wore gloves that exposed the knuckles. 47 Currently,
Wyoming, Mississippi, Florida, Kansas, and several Tribal Nations allow sanctioned bare knuckle
boxing events. 48
Effect of the Bill
The bill changes the name of the "Florida State Boxing Commission" to the "Florida Athletic
Commission."
The bill gives full authority to the FSBC to determine glove requirements and weights for any pugilistic
match, without a minimum or maximum weight set by statute. It also gives the FSBC the option of not
requiring any gloves for pugilistic matches.
Condominiums
FCTMH, a division within DBPR, provides education, complaint resolution, mediation and arbitration,
and developer disclosures for condominium associations. 49
A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., (the
Condominium Act) comprised of units which may be owned by one or more persons along with an
undivided right of access to common elements. 50 A condominium is created by recording a declaration
of condominium in the public records of the county where the condominium is located. 51 All unit owners
are members of the condominium association, an entity responsible for the operation and maintenance
of the common elements owned by the unit owners. The condominium association is overseen by an
elected board of directors, which enacts bylaws which govern the administration of the association.
Annual Budget
Every condominium association must have an annual financial budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the condominium. The annual
budget must include operating expenses for the coming year and reserve accounts for capital
expenditures and deferred maintenance. 52
44 Id.
45
Michael Woods, Reviving a bygone, bare-knuckle era, ESPN (Aug. 5, 2011 ),
https://www.espn.com/boxing/story/ /id/6835788/bringing-back-bygone-bare-knuckle-era-boxing (last visited Jan. 9, 2020).
46 Josh Peter, Bare-knuckle boxing legally held in United States for first time, USA Today (Jun. 3, 2018),
https://www.usatoday.com/story/sports/boxing/2018/06/02/bare-knuckle-boxing-official-return/666535002/ (last visited Jan. 9, 2020).
47
Florida Department of Business and Professional Regulation, Match Results,
http://www.myfloridalicense.com/dbpr/pro/sbc/documents/BKFC6MatchResults.pdf (last visited Jan. 9, 2020); Combat Sports Law, Let's
Talk Florida and Bare Knuckle Boxing, https://combatsportslaw.com/2019/05/21/lets-talk-florida-and-bare-knuckle-boxing/ (last visited
Jan. 9, 2020).
48
Combat Sports Law, Documenting Bare Knuckle Boxing Legality, https://combatsportslaw.com/2019/06/23/documenting-bare-
knuckle-boxing-legality/ (last visited Jan. 9, 2020).
49
Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Jan. 8, 2020).
5o S. 718.103(11), F.S.
51
S. 718.104(2), F.S.
52
S. 718.112(2)(f), F.S.
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In order to adopt a proposed annual budget, an association must hold a meeting to adopt the proposed
budget. The association must provide notice of the meeting and a copy of the proposed budget to the
members of the association at least 14 days before the meeting. 53 The proposed budget must be
detailed, and, at a minimum, include the condominium's estimated expenses, the estimated expenses
of each unit owner, and a statement that the proposed budget is a good faith estimate and represents
an approximation of the future expenses. 54
Board Directors
The condominium association is overseen by an elected board of directors. The board is responsible
for managing the affairs of the association, has a fiduciary relationship with the unit owners, and has
the responsibility to act with the highest degree of good faith and to place the interests of the unit
owners above the personal interests of the directors. 55
There are two ways that a person may become a board member:
• A person may be elected to the board by the members of the association, 56 or
• A person is appointed to the board by the developer if the developer is still entitled to
representation, or by the board of directors if a vacancy on the board occurs between
meetings. 57
A condominium association's bylaws will establish the eligibility requirements to serve on the
association's board of directors. 58 However, current law also establishes minimum requirements in
order to serve on an association's board of directors. 59 In order to serve as a board director a person
may not: 60
• Be a co-owner of a unit with another director unless they own more than one unit or the
condominium association is made up of less than ten units;
• Be delinquent in the payment of any monetary obligation to the condominium association;
• Have been previously suspended or removed from a condominium association's board of
directors by FCTMH; or
• Have been convicted of a felony, under certain circumstances. 61
The term "monetary obligation" is not defined in the Condominium Act, but, according to legal experts, a
monetary obligation is considered to be any type of money owed to the association including fines,
fees, and assessments. 62
The Condominium Act also does not define the term "delinquent." According to DBPR, this can result in
confusion for purposes of determining if a person is eligible to serve as a board director, because many
associations have grace periods before late fees and interest applies to unpaid monetary obligations.
However, it is unclear if these grace periods apply related to board service eligibility. 63
53 S. 718.112(2)(e), F.S.
54 Ss. 718.112(2)(f), & 718.504(21), F.S.
55 Ss. 718.103(4), 718.111, 718.112, F.S.
56 S. 718.112(2)(d)4., F.S.
57 Ss. 617.0809, & 718.112(2)(d)9., F.S.
5a S. 718.112(2)(a), F.S.
59 S. 718.112(2)(d), F.S.
60 Ss. 718.112(2)(d), F.S.
61 S. 718.111(1)(d), F.S.
62 See Ch. 718, F.S.; David G. Muller, Can delinquent owner run fora board, Naples Daily News, Aug. 17, 2019,
https:/lwww.naplesnews.com/story/money/real-estate/2019/08/17/can-delinguent-owner-run-board/1985170001/ (last visited Jan. 9,
2020); Joe Adams, Term Limits Continue to Cause Confusion, Florida Condo & HOA Law Blog, Dec. 17, 2018,
https://www.floridacondohoalawblog.com/2018/12/17/term-limits-continue-to-cause-confusion/ (last visited Jan. 9, 2020).
63 See Ch. 718, F.S.; Email from Gabe Peters,, Director of Legislative Affairs, Department of Business & Professional Regulation,
Condo Language Clarification (Jan. 10, 2020).
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Condominium Ombudsman
Within FCTMH is housed the Office of the Condominium Ombudsman (Ombudsman). The
Ombudsman is an attorney appointed by the Governor and a neutral resource for unit owners and
condominium associations. The Ombudsman is authorized to prepare and issue reports and
recommendations to the Governor, FCTMH, and the Legislature on any matter or subject within the
jurisdiction of FCTMH. In addition, the Ombudsman may make recommendations to FCTMH for
changes in rules and procedures for the filing, investigation, and resolution of complaints. 64
The Ombudsman also acts as a liaison between FCTMH, unit owners, and condominium associations,
and is responsible for developing policies and procedures to help affected parties understand their
rights and responsibilities. 65
The Ombudsman is required to keep his or her principal office in Leon County. 66
Condominium Complaints Received by FCTMH
FCTMH is charged with ensuring that condominium associations comply with the requirements of the
Condominium Act and handling complaints alleging violations of the Condominium Act. FCTMH has
complete jurisdiction to investigate complaints and enforce compliance with the Condominium Act for
associations that are controlled by a developer, a bulk buyer, or a bulk assignee. 67 Once a developer
has turned control of the condominium to the association, FCTMH only has jurisdiction to investigate
complaints related to financial issues, elections, and unit owner access to official records. 68
Within 30 days of receiving a complaint, FCTMH must acknowledge the complaint in writing, and notify
the complainant whether the complaint is in its jurisdiction and whether additional information is
needed. If the complaint is within FCTMH's jurisdiction, FCTMH must investigate the complaint and
take action within 90 days of receiving the complaint or receiving additional information requested by
FCTMH. 69
Current law creates rules and requirements for filing complaints with DBPR against licensed
professionals regulated by DBPR. Complaints filed against licensed professionals must be in writing,
signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate
facts that show a violation of the licensed professional's practice act. 70 However, no such rules or
requirements exists for filing complaints against condominiums with FCTMH.
FCTMH provides a complaint form for condominium complaints, including a checklist of documents to
provide with the complaint, on its website. According to FCTMH, submitting a complaint on the
FCTMH's complaint form "may expedite the processing of your complaint." 71
According to DBPR, establishing rules and requirements for filing complaints against condominium
associations would allow FCTMH to be more efficient in resolving complaints filed against condominium
associations. 72
64 Ss. 718.5011 & 718.5012, F.S.
65 Id.
66 S. 718.5014, F.S.
67
A bulk assignee is a person who buys more than seven units in a single condominium and receives assignment of any of the
developer's rights. A bulk buyer is a person who buys more than seven units in a single condominium but does not receive any of the
developer's rights. S. 718.703, F.S.
68 Ss. 718.117, & 718.501, F.S.
69 S. 718.501 (1}(m), F.S.
70 S. 455.225(1), F.S.
71 Florida Department of Business & Professional Regulation, How to File a Complaint, http://www.myfloridalicense.com/DBPR/condos-
timeshares-mobile-homes/complaints/#1572463379489-2bc8adc0-ec6a (last visited Jan. 10, 2020); Florida Department of Business &
Professional Regulation, lnstroctions for Filing a Condominium/Cooperative Complaint,
http://www.myfloridalicense.com/dbpr/lsc/documents/cccomplaint.pdf (last visited Jan. 10, 2020).
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Effect of the Bill
The bill provides that, in addition to the current law requirements for adopting a proposed annual
budget, a proposed annual budget must be provided to members of the association and adopted by the
board of directors no later than 30 days before the beginning of the fiscal year, instead of only being
provided to members 14 days before the meeting.
The bill provides that a person may not serve on a board if he or she is delinquent in the payment of an
assessment due to the condominium association, instead of any monetary obligation. Current law
defines "assessment" as an owner's share of funds that are required for the payment of common
expenses. 73
The bill also provides that a person is delinquent if a payment is not made by the due date identified in
the association's declaration, articles of incorporation, or bylaws. If no due date is specifically identified
in the condominium's declaration, articles of incorporation, or bylaws the due date is the first day of the
assessment period.
The bill removes the requirement that the Ombudsman must keep his or her principal office in Leon
County.
The bill provides that FCTMH may adopt rules regarding the submission of a complaint against a
condominium association.
B. SECTION DIRECTORY:
Section 1 Amends s. 210.09, F.S., revising reporting requirements for cigarette sales.
Section 2 Amends s. 210.55, F.S., revising reporting requirements for tobacco products sales.
Section 3 Amends s. 548.003, F.S., renaming the Florida State Boxing Commission as the Florida
Athletic Commission.
Section 4 Amends s. 548.043, F.S., providing glove requirements for pugilistic events.
Section 5 Amends s. 561.01, F.S., deleting the definition for "permit carrier."
Section 6 Amends s. 561.17, F.S., revising filing requirements for fingerprints for alcohol license
applicants, and requiring alcohol licensees to maintain current electronic mail addresses.
Section 7 Amends s. 561.20, F.S., revising audit requirements for special restaurant licenses.
Section 8 Amends s. 561.42, F.S., allowing certain notices to be given by electronic mail.
Section 9 Amends s. 561.55, F.S., revising requirements for reports related to alcohol licenses.
Section 10 Amends s. 718.112, F.S., providing eligibility requirements for members of a
condominium board of directors.
Section 11 Amends s. 718.501, F.S., allowing FCTMH to adopt rules prescribing the form of
condominium complaints.
Section 12 Amends s. 718.5014, F.S., revising primary office location requirements for the office of
the condominium ombudsman.
Section 13 Amends s. 455.219, F.S., conforming a provision
Section 14 Amends s. 548.002, F.S., conforming a provision.
Section 15 Amends s. 548.05, F.S., conforming a provision.
Section 16 Amends s. 548.071, F.S., conforming a provision.
Section 17 Amends s. 548.077, F.S., conforming a provision.
Section 18 Provides an effective date.
72 Email from Gabe Peters, Director of Legislative Affairs, Department of Business & Professional Regulation, Condo Clarification (Jan.
10, 2020).
73 S. 718.103(1), F.S.
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11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may make it easier for licensees to maintain their licenses due to clarified regulatory schemes
and routine auditing.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
DBPR will need to update rules related to regulations on tobacco, alcohol, condominium associations,
and pugilistic events. DBPR has adequate rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 15, 2020, the Business & Professions Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment clarified:
• that the definition for "delinquent," as used in determining eligibility to be a candidate to serve on a
condominium board, is limited to condominium assessment payments; and
• that the default definition for "delinquent" includes all condominium assessments.
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On January 28, 2020, the Government Operations & Technology Appropriations Subcommittee adopted one
amendment and reported the bill favorably as a committee substitute for committee substitute. The amendment
removed two sections of the bill related to modifications of hotel and restaurant fees and fees schedules.
This analysis is drafted to the committee substitute as passed by the Government Operations & Technology
Appropriations Subcommittee.
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F L O R D A H O U S E 0 F R E P R E S E N T A T I V E S
CS/CS/HB 689 2020
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.09, F.S.;
4 requiring that certain reports relating to the
5 transportation or possession of cigarettes be filed
6 with the Division of Alcoholic Beverages and Tobacco
7 through the division's electronic data submission
8 system; amending s. 210.55, F.S.; requiring that
9 certain entities file reports, rather than returns,
10 relating to tobacco products with the division;
11 providing requirements for such reports; amending s.
12 548.003, F.S.; renaming the Florida State Boxing
13 Commission as the Florida Athletic Commission;
14 amending s. 548.043, F.S.; revising rulemaking
15 requirements for the commission relating to gloves;
16 amending s. 561.01, F.S.; deleting the definition of
17 the term "permit carrier"; amending s. 561.17, F.S.;
18 revising a requirement related to the filing of
19 fingerprints with the division; requiring that
20 applications be accompanied by certain information
21 relating to right of occupancy; providing requirements
22 relating to contact information for licensees and
23 permittees; amending s. 561.20, F.S.; conforming
24 cross-references; revising requirements for issuing
25 special licenses to certain food service
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26 establishments; amending s. 561.42, F.S.; requiring
27 the division, and authorizing vendors, to use
28 electronic mail to give certain notice; amending s.
29 561.55, F.S.; revising requirements for reports
30 relating to alcoholic beverages; amending s. 718.112,
31 F.S.; providing the circumstances under which a person
32 is delinquent in the payment of an assessment in the
33 context of eligibility for membership on certain
34 condominium boards; requiring that an annual budget be
35 proposed to unit owners and adopted by the board
36 before a specified time; amending s. 718.501, F.S.;
37 authorizing the Division of Florida Condominiums,
38 Timeshares, and Mobile Homes to adopt rules regarding
39 the submission of complaints against a condominium
40 association; amending s. 718.5014, F.S.; revising the
41 location requirements for the principal office of the
42 condominium ombudsman; amending ss. 455.219, 548.002,
43 548.05, 548.071, and 548.077, F.S.; conforming
44 provisions to changes made by the act; providing an
45 effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Subsection (2) of section 210.09, Florida
50 Statutes, is amended to read:
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51 210.09 Records to be kept; reports to be made;
52 examination.-
53 (2) The division is authorized to prescribe and promulgate
54 by rules and regulations, which shall have the force and effect
55 of the law, such records to be kept and reports to be made to
56 the division by any manufacturer, importer, distributing agent,
57 wholesale dealer, retail dealer, common carrier, or any other
58 person handling, transporting or possessing cigarettes for sale
59 or distribution within the state as may be necessary to collect
60 and properly distribute the taxes imposed bys. 210.02. All
61 reports shall be made on or before the 10th day of the month
62 following the month for which the report is made, unless the
63 division by rule or regulation shall prescribe that reports be
64 made more often. All reports shall be filed with the division
65 through the division's electronic data submission system.
66 Section 2. Subsection (1) of section 210.55, Florida
67 Statutes, is amended to read:
68 210.55 Distributors; monthly returns.-
69 (1) On or before the 10th of each month, every taxpayer
70 with a place of business in this state shall file a full and
71 complete report returR with the division showing the tobacco
72 products tanable price of each tobacco product brought or caused
73 to be brought into this state for sale, or made, manufactured,
74 or fabricated in this state for sale in this state, during the
75 preceding month. Every taxpayer outside this state shall file a
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76 full and complete report with the division through the
77 division's electronic data submission system return showing the
78 quantity and taxable price of each tobacco product shipped or
79 transported to retailers in this state, to be sold by those
80 retailers, during the preceding month. Reports must Returns
81 shall be made upon forms furnished and prescribed by the
82 division and must shall contain any other information that the
83 division requires. Each report must return shall be accompanied
84 by a remittance for the full tax liability shown and be filed
85 with the division through the division's electronic data
86 submission system.
87 Section 3. Section 548.003, Florida Statutes, is amended
88 to read:
89 548.003 Florida Athletic State Boning Commission.-
90 (1) The Florida Athletic State Bo><ing Commission is
91 created and is assigned to the Department of Business and
92 Professional Regulation for administrative and fiscal
93 accountability purposes only. The Florida State Bo1cing
94 commission shall consist of five members appointed by the
95 Governor, subject to confirmation by the Senate. One member must
96 be a physician licensed pursuant to chapter 458 or chapter 459,
97 who must maintain an unencumbered license in good standing, and
98 who must, at the time of her or his appointment, have practiced
99 medicine for at least 5 years. Upon the expiration of the term
100 of a commissioner, the Governor shall appoint a successor to
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101 serve for a 4-year term. A commissioner whose term has expired
102 shall continue to serve on the commission until such time as a
103 replacement is appointed. If a vacancy on the commission occurs
104 prior to the expiration of the term, it shall be filled for the
105 unexpired portion of the term in the same manner as the original
106 appointment.
107 (2) The Florida State Boning commission, as created by
108 subsection (1), shall administer the provisions of this chapter.
109 The commission has authority to adopt rules pursuant toss.
110 120.536(1) and 120.54 to implement the provisions of this
111 chapter and to implement each of the duties and responsibilities
112 conferred upon the commission, including, but not limited to:
113 (a) Development of an ethical code of conduct for
114 commissioners, commission staff, and commission officials.
115 (b) Facility and safety requirements relating to the ring,
116 floor plan and apron seating, emergency medical equipment and
117 services, and other equipment and services necessary for the
118 conduct of a program of matches.
119 (c) Requirements regarding a participant's apparel,
120 bandages, handwraps, gloves, mouthpiece, and appearance during a
121 match.
122 (d) Requirements relating to a manager's participation,
123 presence, and conduct during a match.
124 (e) Duties and responsibilities of all licensees under
125 this chapter.
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12 6 (f) Procedures for hearings and resolution of disputes.
127 (g) Qualifications for appointment of referees and judges.
128 (h) Qualifications for and appointment of chief inspectors
129 and inspectors and duties and responsibilities of chief
130 inspectors and inspectors with respect to oversight and
131 coordination of activities for each program of matches regulated
132 under this chapter.
133 (i) Designation and duties of a knockdown timekeeper.
134 (j) Setting fee and reimbursement schedules for referees
135 and other officials appointed by the commission or the
136 representative of the commission.
137 (k) Establishment of criteria for approval, disapproval,
138 suspension of approval, and revocation of approval of amateur
139 sanctioning organizations for amateur boxing, kickboxing, and
140 mixed martial arts held in this state, including, but not
141 limited to, the health and safety standards the organizations
142 use before, during, and after the matches to ensure the health,
143 safety, and well-being of the amateurs participating in the
144 matches, including the qualifications and numbers of health care
145 personnel required to be present, the qualifications required
146 for referees, and other requirements relating to the health,
147 safety, and well-being of the amateurs participating in the
148 matches. The commission may adopt by rule, or incorporate by
149 reference into rule, the health and safety standards of USA
150 Boxing as the minimum health and safety standards for an amateur
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151 boxing sanctioning organization, the health and safety standards
152 of the International Sport Kickboxing Association as the minimum
153 health and safety standards for an amateur kickboxing
154 sanctioning organization, and the minimum health and safety
155 standards for an amateur mixed martial arts sanctioning
156 organization. The commission shall review its rules for
157 necessary revision at least every 2 years and may adopt by rule,
158 or incorporate by reference into rule, the then-existing current
159 health and safety standards of USA Boxing and the International
160 Sport Kickboxing Association. The commission may adopt emergency
161 rules to administer this paragraph.
162 (3) The commission shall maintain an office in
163 Tallahassee. At the first meeting of the commission after June 1
164 of each year, the commission shall select a chair and a vice
165 chair from among its membership. Three members shall constitute
166 a quorum and the concurrence of at least three members is
167 necessary for official commission action.
168 (4) Three consecutive unexcused absences or absences
169 constituting 50 percent or more of the commission's meetings
170 within any 12-month period shall cause the commission membership
171 of the member in question to become void, and the position shall
172 be considered vacant. The commission shall, by rule, define
173 unexcused absences.
174 (5) Each commission member shall be accountable to the
175 Governor for the proper performance of duties as a member of the
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176 commission. The Governor shall cause to be investigated any
177 complaint or unfavorable report received by the Governor or the
178 department concerning an action of the commission or any member
179 and shall take appropriate action thereon. The Governor may
180 remove from office any member for malfeasance, unethical
181 conduct, misfeasance, neglect of duty, incompetence, permanent
182 inability to perform official duties, or pleading guilty or nolo
183 contendere to or being found guilty of a felony.
184 (6) Each member of the commission shall be compensated at
185 the rate of $50 for each day she or he attends a commission
186 meeting and shall be reimbursed for other expenses as provided
187 ins. 112.061.
188 (7) The commission shall be authorized to join and
189 participate in the activities of the Association of Boxing
190 Commissions (ABC).
191 (8) The department shall provide all legal and
192 investigative services necessary to implement this chapter. The
193 department may adopt rules as provided in ss. 120.536(1) and
194 120.54 to carry out its duties under this chapter.
195 Section 4. Subsection (3) of section 548.043, Florida
196 Statutes, is amended to read:
197 548.043 Weights and classes, limitations; gloves.-
198 (3) The commission shall establish by rule the need for
199 gloves, if any, and the weight of any such gloves to be used in
200 each pugilistic match the appropriate weight of gloves to be
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201 used in each boxing match; however, all participants in boxing
202 matches shall wear gloves weighing not less than 8 ounces each
203 and participants in mixed martial arts matches shall wear gloves
204 weighing 4 to 8 ounces each. Participants shall wear such
205 protective devices as the commission deems necessary.
206 Section 5. Subsection (20) of section 561.01, Florida
207 Statutes, is amended to read:
208 561.01 Definitions.-As used in the Beverage Law:
209 (20) "Permit carrier" means a licensee authorized to make
210 deliveries as provided ins. 561.57.
211 Section 6. Subsections (1) and (2) of section 561.17,
212 Florida Statutes, are amended, and subsection (5) is added to
213 that section, to read:
214 561.17 License and registration applications; approved
215 person.-
216 (1) Any person, before engaging in the business of
217 manufacturing, bottling, distributing, selling, or in any way
218 dealing in alcoholic beverages, shall file, with the district
219 licensing personnel of the district of the division in which the
220 place of business for which a license is sought is located, a
221 sworn application in the format prescribed by the division. The
222 applicant must be a legal or business entity, person, or persons
223 and must include all persons, officers, shareholders, and
224 directors of such legal or business entity that have a direct or
225 indirect interest in the business seeking to be licensed under
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22 6 this part. However, the applicant does not include any person
227 that derives revenue from the license solely through a
228 contractual relationship with the licensee, the substance of
229 which contractual relationship is not related to the control of
230 the sale of alcoholic beverages. Before any application is
231 approved, the division may require the applicant to file a set
232 of fingerprints electronically through an approved electronic
233 fingerprinting vendor or on regular United States Department of
234 Justice forms prescribed by the Florida Department of Law
235 Enforcement for herself or himself and for any person or persons
236 interested directly or indirectly with the applicant in the
237 business for which the license is being sought, when required by
238 the division. If the applicant or any person who is interested
239 with the applicant either directly or indirectly in the business
240 or who has a security interest in the license being sought or
241 has a right to a percentage payment from the proceeds of the
242 business, either by lease or otherwise, is not qualified, the
243 division shall deny the application. However, any company
244 regularly traded on a national securities exchange and not over
245 the counter; any insurer, as defined in the Florida Insurance
246 Code; or any bank or savings and loan association chartered by
247 this state, another state, or the United States which has an
248 interest, directly or indirectly, in an alcoholic beverage
249 license is not required to obtain the division's approval of its
250 officers, directors, or stockholders or any change of such
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251 positions or interests. A shopping center with five or more
252 stores, one or more of which has an alcoholic beverage license
253 and is required under a lease common to all shopping center
254 tenants to pay no more than 10 percent of the gross proceeds of
255 the business holding the license to the shopping center, is not
256 considered as having an interest, directly or indirectly, in the
257 license. A performing arts center, as defined ins. 561.01,
258 which has an interest, directly or indirectly, in an alcoholic
259 beverage license is not required to obtain division approval of
260 its volunteer officers or directors or of any change in such
261 positions or interests.
2 62 (2) All applications for any alcoholic beverage license
263 must be accompanied by proof of the applicant's right of
264 occupancy for the entire premises sought to be licensed. All
265 applications for alcoholic beverage licenses for consumption on
266 the premises shall be accompanied by a certificate of the
267 Division of Hotels and Restaurants of the Department of Business
2 68 and Professional Regulation, the Department of Agriculture and
269 Consumer Services, the Department of Health, the Agency for
270 Health Care Administration, or the county health department that
271 the place of business wherein the business is to be conducted
272 meets all of the sanitary requirements of the state.
273 (5) Any person or entity licensed or permitted by the
274 division must provide an electronic mail address to the division
275 to function as the primary contact for all communication by the
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276 division to the licensee or permittees. Licensees and permittees
277 are responsible for maintaining accurate contact information on
278 file with the division.
279 Section 7. Paragraph (a) of subsection (2) of section
280 561.20, Florida Statutes, is amended to read:
281 561.20 Limitation upon number of licenses issued.-
282 (2) (a) The limitation of the number of licenses as
283 provided in this section does not prohibit the issuance of a
284 special license to:
285 1. Any bona fide hotel, motel, or motor court of not fewer
286 than 80 guest rooms in any county having a population of less
287 than 50,000 residents, and of not fewer than 100 guest rooms in
288 any county having a population of 50,000 residents or greater;
289 or any bona fide hotel or motel located in a historic structure,
290 as defined ins. 561.01(20) s. 561.01(21), with fewer than 100
291 guest rooms which derives at least 51 percent of its gross
292 revenue from the rental of hotel or motel rooms, which is
293 licensed as a public lodging establishment by the Division of
294 Hotels and Restaurants; provided, however, that a bona fide
295 hotel or motel with no fewer than 10 and no more than 25 guest
296 rooms which is a historic structure, as defined ins. 561.01(20)
297 s. 561.01(21), in a municipality that on the effective date of
298 this act has a population, according to the University of
299 Florida's Bureau of Economic and Business Research Estimates of
300 Population for 1998, of no fewer than 25,000 and no more than
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301 35,000 residents and that is within a constitutionally chartered
302 county may be issued a special license. This special license
303 shall allow the sale and consumption of alcoholic beverages only
304 on the licensed premises of the hotel or motel. In addition, the
305 hotel or motel must derive at least 60 percent of its gross
306 revenue from the rental of hotel or motel rooms and the sale of
307 food and nonalcoholic beverages; provided that this subparagraph
308 shall supersede local laws requiring a greater number of hotel
309 rooms;
310 2. Any condominium accommodation of which no fewer than
311 100 condominium units are wholly rentable to transients and
312 which is licensed under chapter 509, except that the license
313 shall be issued only to the person or corporation that operates
314 the hotel or motel operation and not to the association of
315 condominium owners;
316 3. Any condominium accommodation of which no fewer than 50
317 condominium units are wholly rentable to transients, which is
318 licensed under chapter 509, and which is located in any county
319 having home rule under s. 10 ors. 11, Art. VIII of the State
320 Constitution of 1885, as amended, and incorporated by reference
321 ins. 6(e), Art. VIII of the State Constitution, except that the
322 license shall be issued only to the person or corporation that
323 operates the hotel or motel operation and not to the association
324 of condominium owners;
325 4. A food service establishment that has 2,500 square feet
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326 of service area, is equipped to serve meals to 150 persons at
327 one time, and derives at least 51 percent of its gross food and
328 beverage revenue from the sale of food and nonalcoholic
329 beverages during the first 120-day 60 day operating period and
330 the first eaeft 12-month operating period thereafter. Subsequent
331 audit timeframes must be based upon the audit percentage
332 established by the most recent audit and conducted on a
333 staggered scale as follows: level 1, 51 percent to 60 percent,
334 every year; level 2, 61 percent to 75 percent, every 2 years;
335 level 3, 76 percent to 90 percent, every 3 years; and level 4,
336 91 percent to 100 percent, every 4 years. A food service
337 establishment granted a special license on or after January 1,
338 1958, pursuant to general or special law may not operate as a
339 package store and may not sell intoxicating beverages under such
340 license after the hours of serving or consumption of food have
341 elapsed. Failure by a licensee to meet the required percentage
342 of food and nonalcoholic beverage gross revenues during the
343 covered operating period shall result in revocation of the
344 license or denial of the pending license application. A licensee
345 whose license is revoked or an applicant whose pending
346 application is denied, or any person required to qualify on the
347 special license application, is ineligible to have any interest
348 in a subsequent application for such a license for a period of
349 120 days after the date of the final denial or revocation;
350 5. Any caterer, deriving at least 51 percent of its gross
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351 food and beverage revenue from the sale of food and nonalcoholic
352 beverages at each catered event, licensed by the Division of
353 Hotels and Restaurants under chapter 509. This subparagraph does
354 not apply to a culinary education program, as defined ins.
355 381.0072(2), which is licensed as a public food service
356 establishment by the Division of Hotels and Restaurants and
357 provides catering services. Notwithstanding any law to the
358 contrary, a licensee under this subparagraph shall sell or serve
359 alcoholic beverages only for consumption on the premises of a
360 catered event at which the licensee is also providing prepared
361 food, and shall prominently display its license at any catered
362 event at which the caterer is selling or serving alcoholic
363 beverages. A licensee under this subparagraph shall purchase all
364 alcoholic beverages it sells or serves at a catered event from a
365 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
366 under s. 565.02(1) subject to the limitation imposed in
367 subsection (1), as appropriate. A licensee under this
368 subparagraph may not store any alcoholic beverages to be sold or
369 served at a catered event. Any alcoholic beverages purchased by
370 a licensee under this subparagraph for a catered event that are
371 not used at that event must remain with the customer; provided
372 that if the vendor accepts unopened alcoholic beverages, the
373 licensee may return such alcoholic beverages to the vendor for a
374 credit or reimbursement. Regardless of the county or counties in
375 which the licensee operates, a licensee under this subparagraph
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376 shall pay the annual state license tax set forth ins.
377 565. 02 ( 1) (b) . A licensee under this subparagraph must maintain
378 for a period of 3 years all records and receipts for each
379 catered event, including all contracts, customers' names, event
380 locations, event dates, food purchases and sales, alcoholic
381 beverage purchases and sales, nonalcoholic beverage purchases
382 and sales, and any other records required by the department by
383 rule to demonstrate compliance with the requirements of this
384 subparagraph. Notwithstanding any law to the contrary, any
385 vendor licensed under s. 565.02(1) subject to the limitation
386 imposed in subsection (1), may, without any additional licensure
387 under this subparagraph, serve or sell alcoholic beverages for
388 consumption on the premises of a catered event at which prepared
389 food is provided by a caterer licensed under chapter 509. If a
390 licensee under this subparagraph also possesses any other
391 license under the Beverage Law, the license issued under this
392 subparagraph shall not authorize the holder to conduct
393 activities on the premises to which the other license or
394 licenses apply that would otherwise be prohibited by the terms
395 of that license or the Beverage Law. Nothing in this section
396 shall permit the licensee to conduct activities that are
397 otherwise prohibited by the Beverage Law or local law. The
398 Division of Alcoholic Beverages and Tobacco is hereby authorized
399 to adopt rules to administer the license created in this
400 subparagraph, to include rules governing licensure,
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401 recordkeeping, and enforcement. The first $300,000 in fees
402 collected by the division each fiscal year pursuant to this
403 subparagraph shall be deposited in the Department of Children
404 and Families' Operations and Maintenance Trust Fund to be used
405 only for alcohol and drug abuse education, treatment, and
406 prevention programs. The remainder of the fees collected shall
407 be deposited into the Hotel and Restaurant Trust Fund created
408 pursuant to s. 509.072; or
409 6. A culinary education program as defined ins.
410 381.0072(2) which is licensed as a public food service
411 establishment by the Division of Hotels and Restaurants.
412 a. This special license shall allow the sale and
413 consumption of alcoholic beverages on the licensed premises of
414 the culinary education program. The culinary education program
415 shall specify designated areas in the facility where the
416 alcoholic beverages may be consumed at the time of application.
417 Alcoholic beverages sold for consumption on the premises may be
418 consumed only in areas designated pursuant to s. 561.01(11) and
419 may not be removed from the designated area. Such license shall
420 be applicable only in and for designated areas used by the
421 culinary education program.
422 b. If the culinary education program provides catering
423 services, this special license shall also allow the sale and
424 consumption of alcoholic beverages on the premises of a catered
425 event at which the licensee is also providing prepared food. A
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426 culinary education program that provides catering services is
427 not required to derive at least 51 percent of its gross revenue
428 from the sale of food and nonalcoholic beverages.
429 Notwithstanding any law to the contrary, a licensee that
430 provides catering services under this sub-subparagraph shall
431 prominently display its beverage license at any catered event at
432 which the caterer is selling or serving alcoholic beverages.
433 Regardless of the county or counties in which the licensee
434 operates, a licensee under this sub-subparagraph shall pay the
435 annual state license tax set forth ins. 565.02(l)(b). A
436 licensee under this sub-subparagraph must maintain for a period
437 of 3 years all records required by the department by rule to
438 demonstrate compliance with the requirements of this sub-
439 subparagraph.
440 c. If a licensee under this subparagraph also possesses
441 any other license under the Beverage Law, the license issued
442 under this subparagraph does not authorize the holder to conduct
443 activities on the premises to which the other license or
444 licenses apply that would otherwise be prohibited by the terms
445 of that license or the Beverage Law. Nothing in this
446 subparagraph shall permit the licensee to conduct activities
447 that are otherwise prohibited by the Beverage Law or local law.
448 Any culinary education program that holds a license to sell
449 alcoholic beverages shall comply with the age requirements set
450 forth in ss. 562.11(4), 562.111(2), and 562.13.
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451 d. The Division of Alcoholic Beverages and Tobacco may
452 adopt rules to administer the license created in this
453 subparagraph, to include rules governing licensure,
454 recordkeeping, and enforcement.
455 e. A license issued pursuant to this subparagraph does not
456 permit the licensee to sell alcoholic beverages by the package
457 for off-premises consumption.
458
459 However, any license heretofore issued to any such hotel, motel,
460 motor court, or restaurant or hereafter issued to any such
461 hotel, motel, or motor court, including a condominium
462 accommodation, under the general law shall not be moved to a new
463 location, such license being valid only on the premises of such
464 hotel, motel, motor court, or restaurant. Licenses issued to
465 hotels, motels, motor courts, or restaurants under the general
466 law and held by such hotels, motels, motor courts, or
467 restaurants on May 24, 1947, shall be counted in the quota
468 limitation contained in subsection (1). Any license issued for
469 any hotel, motel, or motor court under this law shall be issued
470 only to the owner of the hotel, motel, or motor court or, in the
471 event the hotel, motel, or motor court is leased, to the lessee
472 of the hotel, motel, or motor court; and the license shall
473 remain in the name of the owner or lessee so long as the license
474 is in existence. Any special license now in existence heretofore
475 issued under this law cannot be renewed except in the name of
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476 the owner of the hotel, motel, motor court, or restaurant or, in
477 the event the hotel, motel, motor court, or restaurant is
478 leased, in the name of the lessee of the hotel, motel, motor
479 court, or restaurant in which the license is located and must
480 remain in the name of the owner or lessee so long as the license
481 is in existence. Any license issued under this section shall be
482 marked "Special," and nothing herein provided shall limit,
483 restrict, or prevent the issuance of a special license for any
484 restaurant or motel which shall hereafter meet the requirements
485 of the law existing immediately prior to the effective date of
486 this act, if construction of such restaurant has commenced prior
487 to the effective date of this act and is completed within 30
488 days thereafter, or if an application is on file for such
489 special license at the time this act takes effect; and any such
490 licenses issued under this proviso may be annually renewed as
491 now provided by law. Nothing herein prevents an application for
492 transfer of a license to a bona fide purchaser of any hotel,
493 motel, motor court, or restaurant by the purchaser of such
494 facility or the transfer of such license pursuant to law.
495 Section 8. Subsection (4) of section 561.42, Florida
496 Statutes, is amended to read:
497 561.42 Tied house evil; financial aid and assistance to
498 vendor by manufacturer, distributor, importer, primary American
499 source of supply, brand owner or registrant, or any broker,
500 sales agent, or sales person thereof, prohibited; procedure for
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501 enforcement; exception.-
502 (4) Before the division shall so declare and prohibit such
503 sales to such vendor, it shall, within 2 days after receipt of
504 such notice 7 the division shall give written notice to such
505 vendor by electronic mail of the receipt by the division of such
506 notification of delinquency and such vendor shall be directed to
507 forthwith make payment thereof or, upon failure to do so, to
508 show cause before the division why further sales to such vendor
509 shall not be prohibited. Good and sufficient cause to prevent
510 such action by the division may be made by showing payment,
511 failure of consideration, or any other defense which would be
512 considered sufficient in a common-law action. The vendor shall
513 have 5 days after service receipt of such notice via electronic
514 mail within which to show such cause, and he or she may demand a
515 hearing thereon, provided he or she does so in writing within
516 said 5 days, such written demand to be delivered to the division
517 either in person, by electronic mail, or by due course of mail
518 within such 5 days. If no such demand for hearing is made, the
519 division shall thereupon declare in writing to such vendor and
520 to all manufacturers and distributors within the state that all
521 further sales to such vendor are prohibited until such time as
522 the division certifies in writing that such vendor has fully
523 paid for all liquors previously purchased. In the event such
524 prohibition of sales and declaration thereof to the vendor,
525 manufacturers, and distributors is ordered by the division, the
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526 vendor may seek review of such decision by the Department of
527 Business and Professional Regulation within 5 days. In the event
528 application for such review is filed within such time, such
529 prohibition of sales shall not be made, published, or declared
530 until final disposition of such review by the department.
531 Section 9. Subsection (2) of section 561.55, Florida
532 Statutes, is amended to read:
533 561.55 Manufacturers', distributors', brokers', sales
534 agents', importers', vendors', and exporters' records and
535 reports.-
536 (2) Each manufacturer, distributor, broker, sales agent,
537 and importer shall make a full and complete report by the 10th
538 day of each month for the previous calendar month. The report
539 must be shall be made out in triplicate; two copies shall be
540 sent to the division, and the third copy shall be retained for
541 the manufacturer's, distributor's, broker's, sales agent's, or
542 importer's record. Reports shall be made on forms prepared afiEl
543 furnished by the division and filed with the division through
544 the division's electronic data submission system.
545 Section 10. Paragraphs (d) and (f) of subsection (2) of
546 section 718.112, Florida Statutes, are amended to read:
547 718.112 Bylaws.-
548 (2) REQUIRED PROVISIONS.-The bylaws shall provide for the
549 following and, if they do not do so, shall be deemed to include
550 the following:
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551 (d) Unit owner meetings.-
552 1. An annual meeting of the unit owners must be held at
553 the location provided in the association bylaws and, if the
554 bylaws are silent as to the location, the meeting must be held
555 within 45 miles of the condominium property. However, such
556 distance requirement does not apply to an association governing
557 a timeshare condominium.
558 2. Unless the bylaws provide otherwise, a vacancy on the
559 board caused by the expiration of a director's term must be
560 filled by electing a new board member, and the election must be
561 by secret ballot. An election is not required if-the number of
562 vacancies equals or exceeds the number of candidates. For
563 purposes of this paragraph, the term "candidate" means an
564 eligible person who has timely submitted the written notice, as
565 described in sub-subparagraph 4.a., of his or her intention to
566 become a candidate. Except in a timeshare or nonresidential
567 condominium, or if the staggered term of a board member does not
568 expire until a later annual meeting, or if all members' terms
569 would otherwise expire but there are no candidates, the terms of
570 all board members expire at the annual meeting, and such members
571 may stand for reelection unless prohibited by the bylaws. Board
572 members may serve terms longer than 1 year if permitted by the
573 bylaws or articles of incorporation. A board member may not
574 serve more than 8 consecutive years unless approved by an
575 affirmative vote of unit owners representing two-thirds of all
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576 votes cast in the election or unless there are not enough
577 eligible candidates to fill the vacancies on the board at the
578 time of the vacancy. If the number of board members whose terms
579 expire at the annual meeting equals or exceeds the number of
580 candidates, the candidates become members of the board effective
581 upon the adjournment of the annual meeting. Unless the bylaws
582 provide otherwise, any remaining vacancies shall be filled by
583 the affirmative vote of the majority of the directors making up
584 the newly constituted board even if the directors constitute
585 less than a quorum or there is only one director. In a
586 residential condominium association of more than 10 units or in
587 a residential condominium association that does not include
588 timeshare units or timeshare interests, co-owners of a unit may
589 not serve as members of the board of directors at the same time
590 unless they own more than one unit or unless there are not
591 enough eligible candidates to fill the vacancies on the board at
592 the time of the vacancy. A unit owner in a residential
593 condominium desiring to be a candidate for board membership must
594 comply with sub-subparagraph 4.a. and must be eligible to be a
595 candidate to serve on the board of directors at the time of the
596 deadline for submitting a notice of intent to run in order to
597 have his or her name listed as a proper candidate on the ballot
598 or to serve on the board. A person who has been suspended or
599 removed by the division under this chapter, or who is delinquent
600 in the payment of any assessment monetary obligation due to the
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601 association, is not eligible to be a candidate for board
602 membership and may not be listed on the ballot. For purposes of
603 this paragraph, a person is delinquent if a payment is not made
604 by the due date as specifically identified in the declaration of
605 condominium, bylaws, or articles of incorporation. If a due date
606 is not specifically identified in the declaration of
607 condominium, bylaws, or articles of incorporation, the due date
608 is the first day of the assessment period. A person who has been
609 convicted of any felony in this state or in a United States
610 District or Territorial Court, or who has been convicted of any
611 offense in another jurisdiction which would be considered a
612 felony if committed in this state, is not eligible for board
613 membership unless such felon's civil rights have been restored
614 for at least 5 years as of the date such person seeks election
615 to the board. The validity of an action by the board is not
616 affected if it is later determined that a board member is
617 ineligible for board membership due to having been convicted of
618 a felony. This subparagraph does not limit the term of a member
619 of the board of a nonresidential or timeshare condominium.
620 3. The bylaws must provide the method of calling meetings
621 of unit owners, including annual meetings. Written notice must
622 include an agenda, must be mailed, hand delivered, or
623 electronically transmitted to each unit owner at least 14 days
624 before the annual meeting, and must be posted in a conspicuous
625 place on the condominium property at least 14 continuous days
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626 before the annual meeting. Upon notice to the unit owners, the
627 board shall, by duly adopted rule, designate a specific location
628 on the condominium property where all notices of unit owner
629 meetings must be posted. This requirement does not apply if
630 there is no condominium property for posting notices. In lieu
631 of, or in addition to, the physical posting of meeting notices,
632 the association may, by reasonable rule, adopt a procedure for
633 conspicuously posting and repeatedly broadcasting the notice and
634 the agenda on a closed-circuit cable television system serving
635 the condominium association. However, if broadcast notice is
636 used in lieu of a notice posted physically on the condominium
637 property, the notice and agenda must be broadcast at least four
638 times every broadcast hour of each day that a posted notice is
639 otherwise required under this section. If broadcast notice is
640 provided, the notice and agenda must be broadcast in a manner
641 and for a sufficient continuous length of time so as to allow an
642 average reader to observe the notice and read and comprehend the
643 entire content of the notice and the agenda. In addition to any
644 of the authorized means of providing notice of a meeting of the
645 board, the association may, by rule, adopt a procedure for
646 conspicuously posting the meeting notice and the agenda on a
647 website serving the condominium association for at least the
648 minimum period of time for which a notice of a meeting is also
649 required to be physically posted on the condominium property.
650 Any rule adopted shall, in addition to other matters, include a
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651 requirement that the association send an electronic notice in
652 the same manner as a notice for a meeting of the members, which
653 must include a hyperlink to the website where the notice is
654 posted, to unit owners whose e-mail addresses are included in
655 the association's official records. Unless a unit owner waives
656 in writing the right to receive notice of the annual meeting,
657 such notice must be hand delivered, mailed, or electronically
658 transmitted to each unit owner. Notice for meetings and notice
659 for all other purposes must be mailed to each unit owner at the
660 address last furnished to the association by the unit owner, or
661 hand delivered to each unit owner. However, if a unit is owned
662 by more than one person, the association must provide notice to
663 the address that the developer identifies for that purpose and
664 thereafter as one or more of the owners of the unit advise the
665 association in writing, or if no address is given or the owners
666 of the unit do not agree, to the address provided on the deed of
667 record. An officer of the association, or the manager or other
668 person providing notice of the association meeting, must provide
669 an affidavit or United States Postal Service certificate of
670 mailing, to be included in the official records of the
671 association affirming that the notice was mailed or hand
672 delivered in accordance with this provision.
673 4. The members of the board of a residential condominium
674 shall be elected by written ballot or voting machine. Proxies
675 may not be used in electing the board in general elections or
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676 elections to fill vacancies caused by recall, resignation, or
677 otherwise, unless otherwise provided in this chapter. This
678 subparagraph does not apply to an association governing a
679 timeshare condominium.
680 a. At least 60 days before a scheduled election, the
681 association shall mail, deliver, or electronically transmit, by
682 separate association mailing or included in another association
683 mailing, delivery, or transmission, including regularly
684 published newsletters, to each unit owner entitled to a vote, a
685 first notice of the date of the election. A unit owner or other
686 eligible person desiring to be a candidate for the board must
687 give written notice of his or her intent to be a candidate to
688 the association at least 40 days before a scheduled election.
689 Together with the written notice and agenda as set forth in
690 subparagraph 3., the association shall mail, deliver, or
691 electronically transmit a second notice of the election to all
692 unit owners entitled to vote, together with a ballot that lists
693 all candidates. Upon request of a candidate, an information
694 sheet, no larger than 8 1/2 inches by 11 inches, which must be
695 furnished by the candidate at least 35 days before the election,
696 must be included with the mailing, delivery, or transmission of
697 the ballot, with the costs of mailing, delivery, or electronic
698 transmission and copying to be borne by the association. The
699 association is not liable for the contents of the information
700 sheets prepared by the candidates. In order to reduce costs, the
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701 association may print or duplicate the information sheets on
702 both sides of the paper. The division shall by rule establish
703 voting procedures consistent with this sub-subparagraph,
704 including rules establishing procedures for giving notice by
705 electronic transmission and rules providing for the secrecy of
706 ballots. Elections shall be decided by a plurality of ballots
707 cast. There is no quorum requirement; however, at least 20
708 percent of the eligible voters must cast a ballot in order to
709 have a valid election. A unit owner may not authorize any other
710 person to vote his or her ballot, and any ballots improperly
711 cast are invalid. A unit owner who violates this provision may
712 be fined by the association in accordance withs. 718.303. A
713 unit owner who needs assistance in casting the ballot for the
714 reasons stated ins. 101.051 may obtain such assistance. The
715 regular election must occur on the date of the annual meeting.
716 Notwithstanding this sub-subparagraph, an election is not
717 required unless more candidates file notices of intent to run or
718 are nominated than board vacancies exist.
719 b. Within 90 days after being elected or appointed to the
720 board of an association of a residential condominium, each newly
721 elected or appointed director shall certify in writing to the
722 secretary of the association that he or she has read the
723 association's declaration of condominium, articles of
724 incorporation, bylaws, and current written policies; that he or
725 she will work to uphold such documents and policies to the best
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726 of his or her ability; and that he or she will faithfully
727 discharge his or her fiduciary responsibility to the
728 association's members. In lieu of this written certification,
729 within 90 days after being elected or appointed to the board,
730 the newly elected or appointed director may submit a certificate
731 of having satisfactorily completed the educational curriculum
732 administered by a division-approved condominium education
733 provider within 1 year before or 90 days after the date of
734 election or appointment. The written certification or
735 educational certificate is valid and does not have to be
736 resubmitted as long as the director serves on the board without
737 interruption. A director of an association of a residential
738 condominium who fails to timely file the written certification
739 or educational certificate is suspended from service on the
740 board until he or she complies with this sub-subparagraph. The
741 board may temporarily fill the vacancy during the period of
742 suspension. The secretary shall cause the association to retain
743 a director's written certification or educational certificate
744 for inspection by the members for 5 years after a director's
745 election or the duration of the director's uninterrupted tenure,
746 whichever is longer. Failure to have such written certification
747 or educational certificate on file does not affect the validity
748 of any board action.
749 c. Any challenge to the election process must be commenced
750 within 60 days after the election results are announced.
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751 5. Any approval by unit owners called for by this chapter
752 or the applicable declaration or bylaws, including, but not
753 limited to, the approval requirement ins. 718.111(8), must be
754 made at a duly noticed meeting of unit owners and is subject to
755 all requirements of this chapter or the applicable condominium
756 documents relating to unit owner decisionmaking, except that
757 unit owners may take action by written agreement, without
758 meetings, on matters for which action by written agreement
759 without meetings is expressly allowed by the applicable bylaws
7 60 or declaration or any law that provides for such action.
761 6. Unit owners may waive notice of specific meetings if
762 allowed by the applicable bylaws or declaration or any law.
763 Notice of meetings of the board of administration, unit owner
764 meetings, except unit owner meetings called to recall board
765 members under paragraph (j), and committee meetings may be given
766 by electronic transmission to unit owners who consent to receive
7 67 notice by electronic transmission. A unit owner who consents to
7 68 receiving notices by electronic transmission is solely
769 responsible for removing or bypassing filters that block receipt
770 of mass emails sent to members on behalf of the association in
771 the course of giving electronic notices.
772 7. Unit owners have the right to participate in meetings
773 of unit owners with reference to all designated agenda items.
774 However, the association may adopt reasonable rules governing
775 the frequency, duration, and manner of unit owner participation.
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776 8. A unit owner may tape record or videotape a meeting of
777 the unit owners subject to reasonable rules adopted by the
778 division.
779 9. Unless otherwise provided in the bylaws, any vacancy
780 occurring on the board before the expiration of a term may be
781 filled by the affirmative vote of the majority of the remaining
782 directors, even if the remaining directors constitute less than
783 a quorum, or by the sole remaining director. In the alternative,
784 a board may hold an election to fill the vacancy, in which case
785 the election procedures must conform to sub-subparagraph 4.a.
786 unless the association governs 10 units or fewer and has opted
787 out of the statutory election process, in which case the bylaws
788 of the association control. Unless otherwise provided in the
789 bylaws, a board member appointed or elected under this section
790 shall fill the vacancy for the unexpired term of the seat being
791 filled. Filling vacancies created by recall is governed by
792 paragraph (j) and rules adopted by the division.
793 10. This chapter does not limit the use of general or
794 limited proxies, require the use of general or limited proxies,
795 or require the use of a written ballot or voting machine for any
796 agenda item or election at any meeting of a timeshare
797 condominium association or nonresidential condominium
798 association.
799
800 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
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801 association of 10 or fewer units may, by affirmative vote of a
802 majority of the total voting interests, provide for different
803 voting and election procedures in its bylaws, which may be by a
804 proxy specifically delineating the different voting and election
805 procedures. The different voting and election procedures may
806 provide for elections to be conducted by limited or general
807 proxy.
808 (f) Annual budget.-
809 1. The proposed annual budget of estimated revenues and
810 expenses must be detailed and must show the amounts budgeted by
811 accounts and expense classifications, including, at a minimum,
812 any applicable expenses listed ins. 718.504(21). The annual
813 budget must be proposed to unit owners and adopted by the board
814 of directors no later than 30 days before the beginning of the
815 fiscal year. A multicondominium association shall adopt a
816 separate budget of common expenses for each condominium the
817 association operates and shall adopt a separate budget of common
818 expenses for the association. In addition, if the association
819 maintains limited common elements with the cost to be shared
820 only by those entitled to use the limited common elements as
821 provided for ins. 718.113(1), the budget or a schedule attached
822 to it must show the amount budgeted for this maintenance. If,
823 after turnover of control of the association to the unit owners,
824 any of the expenses listed ins. 718.504(21) are not applicable,
825 they need not be listed.
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82 6 2. a. In addition to annual operating expenses, the budget
827 must include reserve accounts for capital expenditures and
828 deferred maintenance. These accounts must include, but are not
829 limited to, roof replacement, building painting, and pavement
830 resurfacing, regardless of the amount of deferred maintenance
831 expense or replacement cost, and any other item that has a
832 deferred maintenance expense or replacement cost that exceeds
833 $10,000. The amount to be reserved must be computed using a
834 formula based upon estimated remaining useful life and estimated
835 replacement cost or deferred maintenance expense of each reserve
836 item. The association may adjust replacement reserve assessments
837 annually to take into account any changes in estimates or
838 extension of the useful life of a reserve item caused by
839 deferred maintenance. This subsection does not apply to an
840 adopted budget in which the members of an association have
841 determined, by a majority vote at a duly called meeting of the
842 association, to provide no reserves or less reserves than
843 required by this subsection.
844 b. Before turnover of control of an association by a
845 developer to unit owners other than a developer pursuant to s.
846 718.301, the developer may vote the voting interests allocated
847 to its units to waive the reserves or reduce the funding of
848 reserves through the period expiring at the end of the second
849 fiscal year after the fiscal year in which the certificate of a
850 surveyor and mapper is recorded pursuant to s. 718.104(4) (e) or
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851 an instrument that transfers title to a unit in the condominium
852 which is not accompanied by a recorded assignment of developer
853 rights in favor of the grantee of such unit is recorded,
854 whichever occurs first, after which time reserves may be waived
855 or reduced only upon the vote of a majority of all nondeveloper
856 voting interests voting in person or by limited proxy at a duly
857 called meeting of the association. If a meeting of the unit
858 owners has been called to determine whether to waive or reduce
859 the funding of reserves and no such result is achieved or a
860 quorum is not attained, the reserves included in the budget
861 shall go into effect. After the turnover, the developer may vote
862 its voting interest to waive or reduce the funding of reserves.
863 3. Reserve funds and any interest accruing thereon shall
864 remain in the reserve account or accounts, and may be used only
865 for authorized reserve expenditures unless their use for other
866 purposes is approved in advance by a majority vote at a duly
867 called meeting of the association. Before turnover of control of
868 an association by a developer to unit owners other than the
869 developer pursuant to s. 718.301, the developer-controlled
870 association may not vote to use reserves for purposes other than
871 those for which they were intended without the approval of a
872 majority of all nondeveloper voting interests, voting in person
873 or by limited proxy at a duly called meeting of the association.
874 4. The only voting interests that are eligible to vote on
875 questions that involve waiving or reducing the funding of
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876 reserves, or using existing reserve funds for purposes other
877 than purposes for which the reserves were intended, are the
878 voting interests of the units subject to assessment to fund the
879 reserves in question. Proxy questions relating to waiving or
880 reducing the funding of reserves or using existing reserve funds
881 for purposes other than purposes for which the reserves were
882 intended must contain the following statement in capitalized,
883 bold letters in a font size larger than any other used on the
884 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
885 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
886 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
887 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
888 Section 11. Paragraph (m) of subsection (1) of section
889 718.501, Florida Statutes, is amended to read:
890 718.501 Authority, responsibility, and duties of Division
891 of Florida Condominiums, Timeshares, and Mobile Homes.-
892 (1) The division may enforce and ensure compliance with
893 the provisions of this chapter and rules relating to the
894 development, construction, sale, lease, ownership, operation,
895 and management of residential condominium units. In performing
896 its duties, the division has complete jurisdiction to
897 investigate complaints and enforce compliance with respect to
898 associations that are still under developer control or the
899 control of a bulk assignee or bulk buyer pursuant to part VII of
900 this chapter and complaints against developers, bulk assignees,
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901 or bulk buyers involving improper turnover or failure to
902 turnover, pursuant to s. 718.301. However, after turnover has
903 occurred, the division has jurisdiction to investigate
904 complaints related only to financial issues, elections, and unit
905 owner access to association records pursuant to s. 718.111(12).
906 (m) If a complaint is made, the division must conduct its
907 inquiry with due regard for the interests of the affected
908 parties. Within 30 days after receipt of a complaint, the
909 division shall acknowledge the complaint in writing and notify
910 the complainant whether the complaint is within the jurisdiction
911 of the division and whether additional information is needed by
912 the division from the complainant. The division shall conduct
913 its investigation and, within 90 days after receipt of the
914 original complaint or of timely requested additional
915 information, take action upon the complaint. However, the
916 failure to complete the investigation within 90 days does not
917 prevent the division from continuing the investigation,
918 accepting or considering evidence obtained or received after 90
919 days, or taking administrative action if reasonable cause exists
920 to believe that a violation of this chapter or a rule has
921 occurred. If an investigation is not completed within the time
922 limits established in this paragraph, the division shall, on a
923 monthly basis, notify the complainant in writing of the status
924 of the investigation. When reporting its action to the
925 complainant, the division shall inform the complainant of any
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92 6 right to a hearing pursuant toss. 120.569 and 120.57. The
927 division may adopt rules regarding the submission of a complaint
928 against an association.
929 Section 12. Section 718.5014, Florida Statutes, is amended
930 to read:
931 718.5014 Ombudsman location.-The ombudsman shall maintain
932 his or her principal office at a in Leon County on the prefflises
933 of the division or, if suitable space cannot be provided there,
934 at another place convenient to the offices of the division which
935 will enable the ombudsman to expeditiously carry out the duties
936 and functions of his or her office. The ombudsman may establish
937 branch offices elsewhere in the state upon the concurrence of
938 the Governor.
939 Section 13. Subsection (1) of section 455.219, Florida
940 Statutes, is amended to read:
941 455.219 Fees; receipts; disposition; periodic management
942 reports.-
943 (1) Each board within the department shall determine by
944 rule the amount of license fees for its profession, based upon
945 department-prepared long-range estimates of the revenue required
946 to implement all provisions of law relating to the regulation of
947 professions by the department and any board; however, when the
948 department has determined, based on the long-range estimates of
949 such revenue, that a profession's trust fund moneys are in
950 excess of the amount required to cover the necessary functions
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951 of the board, or the department when there is no board, the
952 department may adopt rules to implement a waiver of license
953 renewal fees for that profession for a period not to exceed 2
954 years, as determined by the department. Each board, or the
955 department when there is no board, shall ensure license fees are
956 adequate to cover all anticipated costs and to maintain a
957 reasonable cash balance, as determined by rule of the
958 department, with advice of the applicable board. If sufficient
959 action is not taken by a board within 1 year of notification by
960 the department that license fees are projected to be inadequate,
961 the department shall set license fees on behalf of the
962 applicable board to cover anticipated costs and to maintain the
963 required cash balance. The department shall include recommended
964 fee cap increases in its annual report to the Legislature.
965 Further, it is legislative intent that no regulated profession
966 operate with a negative cash balance. The department may provide
967 by rule for the advancement of sufficient funds to any
968 profession or the Florida Athletic State Bo}{ing Commission
969 operating with a negative cash balance. Such advancement may be
970 for a period not to exceed 2 consecutive years and shall require
971 interest to be paid by the regulated profession. Interest shall
972 be calculated at the current rate earned on Professional
973 Regulation Trust Fund investments. Interest earned shall be
974 allocated to the various funds in accordance with the allocation
975 of investment earnings during the period of the advance.
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976 Section 14. Subsection (4) of section 548.002, Florida
977 Statutes, is amended to read:
978 548.002 Definitions.-As used in this chapter, the term:
979 ( 4) "Commission" means the Florida Athletic State Bo}{ing
980 Commission.
981 Section 15. Subsections (3) and (4) of section 548.05,
982 Florida Statutes, are amended to read:
983 548.05 Control of contracts.-
984 (3) The commission may require that each contract contain
985 language authorizing the Florida State BoHing commission to
986 withhold any or all of any manager's share of a purse in the
987 event of a contractual dispute as to entitlement to any portion
988 of a purse. The commission may establish rules governing the
989 manner of resolution of such dispute. In addition, if the
990 commission deems it appropriate, the commission is hereby
991 authorized to implead interested parties over any disputed funds
992 into the appropriate circuit court for resolution of the dispute
993 prior to release of all or any part of the funds.
994 (4) Each contract subject to this section shall contain
995 the following clause: "This agreement is subject to the
996 provisions of chapter 548, Florida Statutes, and to the rules of
997 the Florida Athletic State Bo}{ing Commission and to any future
998 amendments of either."
999 Section 16. Subsection (12) of section 548.071, Florida
1000 Statutes, is amended to read:
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1001 548.071 Suspension or revocation of license or permit by
1002 commission.-The commission may suspend or revoke a license or
1003 permit if the commission finds that the licensee or permittee:
1004 (12) Has been disciplined by the Florida State Boxing
1005 commission or similar agency or body of any jurisdiction.
1006 Section 17. Section 548.077, Florida Statutes, is amended
1007 to read:
1008 548. 077 Florida Athletic State Bmcing Commission;
1009 collection and disposition of moneys.-All fees, fines,
1010 forfeitures, and other moneys collected under the provisions of
1011 this chapter shall be paid by the commission to the Chief
1012 Financial Officer who, after the expenses of the commission are
1013 paid, shall deposit them in the Professional Regulation Trust
1014 Fund to be used for the administration and operation of the
1015 commission and to enforce the laws and rules under its
1016 jurisdiction. In the event the unexpended balance of such moneys
1017 collected under the provisions of this chapter exceeds $250,000,
1018 any excess of that amount shall be deposited in the General
1019 Revenue Fund.
1020 Section 18. This act shall take effect July 1, 2020.
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Commerce Committee
CS/CS/HB 689 by Rep. Rodriguez, A.
Department of Business and Professional Regulation
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Rodriguez, A. (Line 66):
• allows records related to taxes on cigarettes and tobacco products to be stored
electronically.
Amendment 2 by Rep. Fitzenhagen (Line 86):
• revises the definition of the term "yacht" for purposes of the Yacht and Ship Brokers Act,
which determines whether a sales transaction of a yacht falls within the regulatory
framework of the Act.
• defines "yacht" to mean any "recreational" vessel which is propelled by sail or
machinery in the water which exceeds 32 feet in length, and which "was manufactured
or operated primarily for pleasure; or leased, rented, or chartered to another."
• revises the definition to no longer limit "yacht" to a vessel that weighs less than 300
gross tons.
Amendment 3 by Rep. Fitzenhagen (Line 544):
• revises the requirements for committing the crime of "adulterating liquor" to remove
"grains of paradise" from the list of ingredients that would be a felony to include.
Amendment 4 by Rep. Fitzenhagen (Line 938):
• provides that a successor in interest (a person who obtains an interest in property from
the original owner) to a timeshare estate that pays unpaid assessments leftover from the
prior owner is considered a subordinate lienholder for purposes of claiming surplus funds
in a judicial sale of the timeshare property.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Rodriguez, A. offered the following:
3
4 Amendment (with directory and title amendments)
5 Remove lines 66-86 and insert:
6 (3) All manufacturers, importers, distributing agents,
7 wholesale dealers, agents, or retail dealers shall maintain and
8 keep for a period of 3 years at the place of business where any
9 transaction takes place, such records of cigarettes received,
10 sold, or delivered within the state as may be required by the
11 division. Such records may be kept in an electronic or paper
12 format. The division or its duly authorized representative is
13 hereby authorized to examine the books, papers, invoices, and
14 other records, the stock of cigarettes in and upon any premises
15 where the same are placed, stored, and sold, and the equipment
16 of any such manufacturers, importers, distributing agents,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 1
17 wholesale dealers, agents, or retail dealers, pertaining to the
18 sale and delivery of cigarettes taxable under this part. To
19 verify the accuracy of the tax imposed and assessed by this
20 part, each person is hereby directed and required to give to the
21 division or its duly authorized representatives the means,
22 facilities, and opportunity for such examinations as are herein
23 provided for and required.
24 Section 2. Subsection (1) of section 210.55, Florida
25 Statutes, is amended to read:
26 210.55 Distributors; monthly returns.-
27 (1) On or before the 10th of each month, every taxpayer
28 with a place of business in this state shall file a full and
29 complete report return with the division showing the tobacco
30 products ta}{able price of each tobacco product brought or caused
31 to be brought into this state for sale, or made, manufactured,
32 or fabricated in this state for sale in this state, during the
33 preceding month. Every taxpayer outside this state shall file a
34 full and complete report with the division through the
35 division's electronic data submission system return showing the
36 quantity and taxable price of each tobacco product shipped or
37 transported to retailers in this state, to be sold by those
38 retailers, during the preceding month. Reports must Returns
39 shall be made upon forms furnished and prescribed by the
40 division and must shall contain any other information that the
41 division requires. Each report must return shall be accompanied
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 1
42 by a remittance for the full tax liability shown and be filed
43 with the division through the division's electronic data
44 submission system.
45 Section 3. Section 210.60, Florida Statutes, is amended to
46 read:
47 210.60 Books, records, and invoices to be kept and
48 preserved; inspection by agents of division.-Every distributor
49 shall keep in each licensed place of business complete and
50 accurate records for that place of business, including itemized
51 invoices of tobacco products held, purchased, manufactured,
52 brought in or caused to be brought in from without the state, or
53 shipped or transported to retailers in this state, and of all
54 sales of tobacco products made, except sales to an ultimate
55 consumer. Such records shall show the names and addresses of
56 purchasers and other pertinent papers and documents relating to
57 the purchase, sale, or disposition of tobacco products. When a
58 licensed distributor sells tobacco products exclusively to
59 ultimate consumers at the addresses given in the license, no
60 invoice of those sales shall be required, but itemized invoices
61 shall be made of all tobacco products transferred to other
62 retail outlets owned or controlled by that licensed distributor.
63 All books, records and other papers, and other documents
64 required by this section to be kept shall be preserved for a
65 period of at least 3 years after the date of the documents, as
66 aforesaid, or the date of the entries thereof appearing in the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 1
67 records, unless the division, in writing, authorizes their
68 destruction or disposal at an earlier date. At any time during
69 usual business hours, duly authorized agents or employees of the
70 division may enter any place of business of a distributor and
71 inspect the premises, the records required to be kept under this
72 part, and the tobacco products contained therein to determine
73 whether all the provisions of this part are being fully complied
74 with. Refusal to permit such inspection by a duly authorized
75 agent or employee of the division shall be grounds for
76 revocation of the license. Every person who sells tobacco
77 products to persons other than an ultimate consumer shall render
78 with each sale an itemized invoice showing the seller's name and
79 address, the purchaser's name and address, the date of sale, and
80 all prices and discounts. The seller shall preserve legible
81 copies of all such invoices for 3 years from the date of sale.
82 Every retailer shall produce itemized invoices of all tobacco
83 products purchased. The invoices shall show the name and address
84 of the seller and the date of purchase. The retailer shall
85 preserve a legible copy of each such invoice for 3 years from
86 the date of purchase. Invoices shall be available for inspection
87 by authorized agents or employees of the division at the
88 retailer's place of business. Any records required by this
89 section may be kept in an electronic or paper format.
90
91
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 1
92 DIRECTORY AMENDMENT
93 Remove lines 49-50 and insert:
94 Section 1. Subsections (2) and (3) of section 210.09,
95 Florida Statutes, are amended to read:
96
97
98 T I T L E A M E N D M E N T
99 Remove lines 4-11 and insert:
100 requiring that certain reports relating to the
101 transportation or possession of cigarettes be filed
102 with the Division of Alcoholic Beverages and Tobacco
103 through the division's electronic data submission
104 system; authorizing certain records to be kept in an
105 electronic or paper format; amending s. 210.55, F.S.;
106 requiring that certain entities file reports, rather
107 than returns, relating to tobacco products with the
108 division; providing requirements for such reports;
109 amending s. 210.60, F.S.; authorizing certain records
110 to be kept in an electronic or paper format; amending
111 s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fitzenhagen offered the following:
3
4 Amendment (with title amendment)
5 Between lines 86 and 87, insert:
6 Section 1. Subsection (4) of section 326.002, Florida
7 Statutes, is amended to read:
8 326.002 Definitions.-As used in ss. 326.001-326.006, the
9 term:
10 ( 4) "Yacht" means any recreational vessel which is
11 propelled by sail or machinery in the water which exceeds 32
12 feet in length, and which was manufactured or operated primarily
13 for pleasure; or leased, rented, or chartered to another weighs
14 less than 300 gross tons.
15
16
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 2
17
18 T I T L E A ME N D ME N T
19 Between lines 11 and 12, insert:
20
21 326.002, F.S.; amending the definition of "yacht"; amending s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 3
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y /N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fitzenhagen offered the following:
3
4 Amendment (with title amendment)
5 Between lines 544 and 545, insert:
6 Section 1. Section 562.455, Florida Statutes, is amended
7 to read:
8 562.455 Adulterating liquor; penalty.-Whoever adulterates,
9 for the purpose of sale, any liquor, used or intended for drink,
10 with cocculus indicus, vitriol, grains of paradise, opium, alum,
11 capsicum, copperas, laurel water, logwood, brazil wood,
12 cochineal, sugar of lead, or any other substance which is
13 poisonous or injurious to health, and whoever knowingly sells
14 any liquor so adulterated, commits shall be guilty of a felony
15 of the third degree, punishable as provided ins. 775.082, s.
16 775.083, or s. 775.084.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 3
17
18
19
20 T I T L E A ME N D ME N T
21 Remove line 30 and insert:
22 relating to alcoholic beverages; amending s. 562.455, F.S.;
23 providing that grains of paradise does not qualify as an
24 adulterating liquor; amending s. 718.112,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 4
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fitzenhagen offered the following:
3
4 Amendment (with title amendment)
5 Between lines 938 and 939, insert:
6 Section 1. Paragraph (a) of subsection (7) of section
7 721.15, Florida Statutes, is amended to read:
8 721.15 Assessments for common expenses.-
9 (7) (a) A purchaser, regardless of how her or his timeshare
10 estate or timeshare license has been acquired, including a
11 purchaser at a judicial sale, is personally liable for all
12 assessments for common expenses which come due while the
13 purchaser is the owner of such interest. A successor in interest
14 is jointly and severally liable with her or his predecessor in
15 interest for all unpaid assessments against such predecessor up
16 to the time of transfer of the timeshare interest to such
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 4
17 successor without prejudice to any right a successor in interest
18 may have to recover from her or his predecessor in interest any
19 amounts assessed against such predecessor and paid by such
20 successor. A successor in interest who pays the unpaid
21 assessments attributable to her or his predecessor in interest
22 is a subordinate lienholder for purposes of satisfying the
23 requirements of s. 45.032(3) (b). The predecessor in interest or
24 his or her agent, or a person providing resale transfer services
25 for the predecessor in interest pursuant to s. 721.17(3) or his
26 or her agent, shall deliver to the managing entity a copy of the
27 recorded deed of conveyance if the interest is a timeshare
28 estate or a copy of the instrument of transfer if the interest
29 is a timeshare license, with the name and mailing address of the
30 successor in interest within 15 days after the date of transfer,
31 and after such delivery the successor in interest shall be
32 listed by the managing entity as the owner of the timeshare
33 interest on the books and records of the timeshare plan. The
34 managing entity shall not be liable to any person for any
35 inaccuracy in the books and records of the timeshare plan
36 arising from the failure of the predecessor in interest to
37 timely and correctly notify the managing entity of the name and
38 mailing address of the successor in interest.
39
40
41
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 689 (2020)
Amendment No. 4
42 T I T L E A ME N D ME N T
43 Remove line 42 and insert:
44 condominium ombudsman; amending s. 721.15, F.S.; providing
45 requirements for a subordinate lienholder related timeshare
46 estates; amending ss. 455.219, 548.002,
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 991 Lottery Games
SPONSOR(S): Government Operations & Technology Appropriations Subcommittee, Robinson
TIED BILLS: IDEN./SIM. BILLS: SB 1318
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Gaming Control Subcommittee 14 Y, 1 N Salter Barry
2) Government Operations & Technology 8 Y, 3 N, As CS Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Salter Hamon
SUMMARY ANALYSIS
Gambling is generally prohibited and illegal in Florida. However, in 1986, Florida voters adopted a
constitutional amendment authorizing the creation of the Department of the Lottery (Lottery). Since that time,
the Florida Lottery has grown into one of the largest state-run lotteries in the country, with annual sales
exceeding $7.1 billion in fiscal year 2018-2019. Lottery tickets can be purchased at over 13,000 retail locations
throughout Florida.
Current law does not require the Lottery to inform customers who purchase lottery tickets of the risks
associated with gambling, including the potential for compulsive or addictive behavior. However, the Lottery
encourages customers to "Play Responsibly" and widely advertises a toll-free phone number for a referral
service to assist people with gambling problems.
The bill directs the Lottery to contractually require vendors, beginning January 1, 2021, to place the following
message prominently on all lottery tickets: "PLAY RESPONSIBLY." The message must appear on all lottery
tickets printed beginning January 1, 2022. The bill requires the Lottery to provide the same message in all
advertisements or promotions of lottery games, including those on television, the Internet, print, and the radio,
beginning January 1, 2021.
The bill expressly prohibits the player's use of electronic devices in playing lottery games. The bill prohibits the
Lottery from conducting a lottery game in which the winner is chosen on the basis of the activities or outcomes
of one or more sporting events.
For fiscal analysis of the bill's requirement to include "PLAY RESPONSIBLY" on 5 percent on the front of all
lottery tickets printed beginning January 1, 2022, and all advertisements beginning January 1, 2021, see Fiscal
Analysis and & Economic Impact Statement.
The bill provides for an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
General Overview of Lottery in Florida
In general, gambling is illegal in Florida. 1 Chapter 849, F.S., prohibits keeping a gambling house, 2
running a lottery, 3 or the manufacture, sale, lease, play, or possession of slot machines. 4 Certain
exceptions have been authorized, with restrictions on permitted locations, operators, and prizes,
including penny-ante games, 5 bingo, 6 cardrooms, 7 charitable drawings, 8 game promotions
(sweepstakes), 9 and bowling tournaments. 10 In addition, Chapters 550 and 551, F.S., respectively,
authorize pari-mutuel wagering on certain live events at licensed facilities and slot machine gaming at
specified locations.
Section 7 of Article X of the Florida Constitution provides, "Lotteries, other than the types of pari-mutuel
pools authorized by law as of the effective date of this constitution, are hereby prohibited in this state." 11
In 1986, Florida voters approved an amendment to the Florida Constitution to allow the state to operate
a lottery. Section 15 of Article X of the Florida Constitution provides as follows:
Lotteries may be operated by the state .... On the effective date of this amendment, the
lotteries shall be known as the Florida Education Lotteries. Net proceeds derived from
the lotteries shall be deposited to a state trust fund, to be designated The State
Education Lotteries Trust Fund, to be appropriated by the Legislature. The schedule may
be amended by general law.
Chapter 24, F.S., was enacted by ch. 87-65, L.O.F., to establish the state lottery pursuant to the
constitutional authorization set forth above. Section 24.102, F.S., creates the Department of the Lottery
(Lottery) and states the Legislature's intent that it be self-supporting, revenue-producing, and function
as an entrepreneurial business enterprise. Florida began offering lottery games in 1988, with a $1
weekly drawing. 12 Since then, the Lottery has grown to include approximately 60 different scratch-off
games available at over 13,000 retailer locations, with lottery ticket prices ranging from $1 to $30. 13
This growth resulted in more than $7 .1 billion in total sales for the 2018-2019 fiscal year. 14
1 S. 849.08, F.S.
2 S. 849.01, F.S.
3 S. 849.09, F.S.
4 S. 849.16, F.S.
5 S. 849.085, F.S.
6 S. 849.0931, F.S.
7 S. 849.086, F.S.
8 S. 849.0935, F.S.
9 S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
105_ 546.10, F.S.
11 The pari-mutuel pools that were authorized by law on the effective date of the Florida Constitution (Nov. 5, 1968)
include horseracing, greyhound racing and jai alai games.
12 Fla. Lottery, History, http://www.flalottery.com/history (last visited Jan. 22, 2020).
13 Id.; Fla. Lottery, Scratch Offs, http://www.flalottery.com/scratch-offs?amount=30 (last visited Jan. 22, 2020).
14 Office of Program Policy Analysis and Government Accountability, Review of the Florida Lottery, 2019 DRAFT (Jan.
2020).
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Lottery Warning and Problem Gambling
Currently, there is no statutory provision requiring the Lottery to inform customers who purchase lottery
tickets of the risks associated with gambling, including the potential for compulsive or addictive
gambling. However, the Lottery's website includes a "Play Responsibly" page, which states:
Florida Lottery games are designed to be a fun, low-cost form of entertainment with the
added benefit of helping to support education. While most of our players enjoy the fun
and entertainment of playing our games, for some, gambling of any kind can be a
problem.
To assist individuals and families struggling with addiction, the Florida Lottery
encourages them to contact the Florida Council on Compulsive Gambling ... Their
multilingual Helpline number is:
888-ADMIT IT (888-236-4848) 15
The Play Responsibly page also lists phone numbers and a link where one may call, text, or chat with
someone at the National Problem Gambling Helpline as well as a link to Gamblers Anonymous. 16
Phone numbers for the Florida Council on Compulsive Gambling, National Problem Gambling Helpline
and Gamblers Anonymous can also be found in "Play Responsibly" pamphlets, located next to tickets in
most retailers. 17
In addition, the following statement is found on the back of certain lottery products: "Play Responsibly -
If you or someone you know has a gambling problem, call 1-888-ADMIT-IT."18
Addiction is characterized by the "inability to consistently abstain, impairment in behavioral control,
craving, diminished recognition of significant problems with one's behaviors and interpersonal
relationships, and a dysfunctional emotional response." 19 Opponents of gambling contend that
participants in gambling are particularly susceptible to addiction, specifically in an attempt to overcome
the anxiety brought on by the gambling lifestyle. 20 Gambling studies indicate that games of chance
present the illusion of quick and effortless financial gain yet can often lead to financial loss due to the
statistical improbability of winning a prize. 21 Researchers describe a cycle in which the gambler
believes she can win back her losses, with the cycle continuing until she is forced to seek rehabilitation
to break her habit. 22
Personal Electronic Devices
The percentage of Americans who own a cellphone has increased significantly, from 62% in 2002 to
96% in 2019. 23 Smartphone ownership has also increased dramatically from 35% in 2011 to 81% in
2019. 24 Tablet computers were introduced in 2010 and as of June 2019, roughly half of U.S. adults own
15 Fla. Lottery, Where to Play, http://www.flalottery.com/whereToPlay (last visited Jan. 22, 2020).
16 Fla. Lottery, Play Responsibly, http://www.flalottery.com/playResponsibly (last visited Jan. 22, 2020).
17 Document on file with the Gaming Control Subcommittee.
18 Document on file with the Gaming Control Subcommittee.
19 Am. Soc'y of Addiction Med., Quality and Practice, http://www.asam.org/quality-practice/definition-of-addiction (last
visited Jan. 22, 2020).
20 See Psychguides.com, Compulsive Gambling Symptoms, Causes and Effects,
http://www.psychguides.com/guides/compulsive-gambling-symptoms-causes-and-effects/ (last visited Jan. 22, 2020).
21 Id.
22 See Natasha Dow Schull, Addiction by Design: Machine Gambling in Las Vegas, 225 (2012).
23 Pew Research Center; Mobile Fact Sheet, http://www.pewinternet.org/fact-sheet/mobile/ (last visited Jan. 22, 2020).
24 Id.
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one. 25 American ownership of desktop and laptop computers has experienced slight fluctuation over the
past 10 years, with ownership remaining around 75%. 26
Currently, there is no explicit statutory provision related to the use of such devices in relation to lottery
tickets or games. However, given the wording of several statutes and their enactment prior to the
advent and proliferation of smartphones, the Lottery's authorizing statutes appear to contemplate the
authorization of lottery games in paper form only. 27
Recent Developments
Sports betting has become largely popular over the past three decades. In 1992, the federal
Professional and Amateur Sports Protection Act (PASPA) was enacted into law. PASPA made it
unlawful for a governmental entity or person to sponsor, operate, advertise, promote, license, or
authorize a lottery, sweepstakes, or other betting, gambling, or wagering on professional or amateur
sports. In May 2018, the U.S. Supreme Court held that the PASPA provision prohibiting state
authorization of sports gambling violated the anti-commandeering rule and was therefore
unconstitutional. 28 As of January 2020, 15 states have legalized sports betting. 29
In November 2018, Florida voters passed a constitutional amendment entitled Voter Control of
Gambling in Florida, substantially reducing the Legislature's authority to authorize "casino gambling." 30
The Florida Lottery,31 certain tribal gaming, 32 and specified pari-mutuel wagering activities 33 are exempt
from the amendment.
Educational Enhancement Trust Fund
The Lottery is required to transfer variable percentages of gross revenue from the sale of lottery games
from the Lottery's Operating Trust Fund to the Educational Enhancement Trust Fund within the
Department of Education. 34 The remaining funds left in the Lottery's Operating Trust Fund are used for
the payment of administrative expenses of the Lottery, including costs incurred for contracts entered
into for the purchase of goods or services required by the Lottery. 35 The December 11, 2019, Revenue
Estimating Conference estimated $1.8 billion for Fiscal Year 2019-20, $1.9 billion for Fiscal Year 2020-
21, and $1.9 billion for Fiscal Year 2021-22 to be transferred to the Educational Enhancement Trust
Fund. 36
25 Id.
26 Id.
27 S. 24.112(13), F.S.; S. 24.105(6), F.S.; S. 24.108(2), F.S. (1987).
28 In 2012, New Jersey enacted a constitutional amendment making it lawful for the legislature to authorize sports
gambling. The National Collegiate Athletic Association brought suit, ultimately leading to a ruling by the U.S. Supreme
Court invalidating PASPA. Murphy v. NCAA, 138 S.Ct. 1461, 1471 (2018).
29 Dustin Gouker, Legislative Tracker: Sports Betting, Legal Sports Report (Jan. 11, 2020),
https://www.legalsportsreport.com/sportsbetting-bill-tracker/ (last visited Jan. 22, 2020).
°
3 FLA. CONST. ART. X. §30.
31 For purposes of Article X, Section 30, the term "casino gambling" excludes any game authorized under Article X,
Section 15 of the Florida Constitution (State operated lotteries). FLA. CONST. ART. X. §30.
32 Article X, Section 30(c) provides as follows: "Nothing herein shall be construed to limit the ability of the state or Native
American tribes to negotiate gaming compacts pursuant to the Federal Indian Gaming Regulatory Act for the conduct of
casino gambling on tribal lands, or to affect any existing gambling on tribal lands pursuant to compacts executed by the
state and Native American tribes pursuant to IGRA." FLA. CONST. ART. X. §30(c).
33 For purposes of Article X, Section 30, the term "casino gambling" does not include pari-mutuel wagering on horse
racing, dog racing, or jai alai exhibitions. FLA. CONST. ART. X. §30.
34 S. 24.121(2) F.S.
35 S. 24.121(3) F.S.
36 Office of Economic and Demographic Research, Revenue Estimating Conference Executive Summary for Lottery Ticket
Sales and the EETF December 11, 2019, http://edr.state.fl.us/Content/conferences/lottery/lotterysummary.pdf (last visited
Feb. 6, 2020).
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Effect of Proposed Changes
The bill requires that beginning January 1, 2021, all advertisements and promotions of lottery games
include the following message: "PLAY RESPONSIBLY." If the advertisement is shown on television, the
internet, or another electronic medium, the message must appear in black font on a white background
and occupy at least five percent of the surface area of the advertisement or promotion. If the
advertisement is in print, including a newspaper, magazine, or billboard, the message must appear in
prominent text and occupy at least five percent of the total surface area of the advertisement or
promotion. If the advertisement is on the radio, the message must be audibly announced at the
conclusion of the advertisement or promotion.
The bill requires that beginning January 1, 2021, all contracts for the printing of lottery tickets specify
that tickets printed on or after January 1, 2022, must include the following message: "PLAY
RESPONSIBLY." The message must appear in prominent text on the front of each ticket and occupy at
least five percent of the total surface area of the ticket.
The bill prohibits the use of electronic devices to play lottery games. 37 The bill also clarifies that the
Lottery may not conduct any lottery game in which the winner is chosen based upon the activities or
outcomes of one or more sporting events.
8. SECTION DIRECTORY:
Section 1: Amends s. 24.105, F.S., relating to powers and duties of the Department of the Lottery.
Section 2: Amends s. 24.107, F.S., relating to advertising and promotions of lottery games.
Section 3: Amends s. 24.111, F.S., relating to vendors; disclosure and contract requirements.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The lottery projects that there will be an estimated loss of revenue totaling $117.2 million. 38 This
amount includes taking as many as 1, 125 terminal and 208 vending machines out of service at one
time to have the message "PLAY RESPONSIBLY" appear on the machines. The Lottery is
authorized to have 1,000 Full-Service Vending Machines to sell terminal tickets and instant tickets
and 1,500 Full Service Vending Machines with functionality to sell only instant tickets. 39 This loss of
sales would represent a decrease in transfer to the Educational Enhancement Trust Fund of $37.9
million. 40
However, the bill provides that advertisements in print include newspapers, magazines, and
billboards that must include the "PLAY RESPONSIBLY" message. The bill does not identify terminal
and vending machines as media that require the message. The Lottery fiscal analysis does not
appear to be applicable to the bill as drafted. The Lottery analysis did not include loss of revenue or
reductions to the Educational Enhancement Trust Fund related to the "PLAY RESPONSIBLY"
37 This does not apply to Lottery vending machines under s. 24.112, F.S.
38 Department of the Lottery, Department Analysis of 2020 HB 991, p. 4 (Jan. 30, 2020).
39 Ch. 2019-115 Laws of Fla., Specific Appropriation 2771.
40 Department of the Lottery, supra note 35 at 4.
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message appearing on advertisements or tickets, as specified by the bill. If the Lottery is not
required to modify terminal and vending machines, there is likely no loss of current revenue
resulting from the implementation of the bill.
2. Expenditures:
The Lottery estimates the total cost to implement the bill is approximately $6.3 million, as follows:
• Terminal, vending machines, and other related products: $4.4 million.
• Lighted jackpot signs throughout the state: $1.36 million.
• Modifications to signs and promotional materials at vendor locations: $266,000.
• Replacement of billboards: $240,000. 41
As stated above, the bill provides that advertisements in print include newspapers, magazines, and
billboards. From the estimated expenditures provided by the Lottery, it may be that only billboards
will be required to have the "PLAY RESPONSIBLY" message be included. The estimated cost for
the billboard is for complete replacement. The Lottery did not provide an estimate for other
alternatives, including modification to current billboards. Modifications to advertisements including
billboard modifications or replacements can be accomplished with the Lottery's base appropriations
for advertising. The Lottery's paid advertising and promotion appropriation is $36.3 million for Fiscal
Year 2019-20. 42
The bill requires all lottery tickets that are not part of an interstate lottery to include a "PLAY
RESPONSIBLY" message beginning January 1, 2022. The Lottery did not provide an estimated
cost for modifying tickets to include the message. Many tickets already include "Play Responsibly -
If you or someone you know has a gambling problem, call 1-888-ADMIT-IT" on the back of tickets.
The cost to include "PLAY RESPONSIBLY" on 5 percent on the front of specified lottery tickets,
within the specified time frame, may be minimal.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
If the Lottery removes vending and ticket machines from retailer stores to be modified, the Lottery
estimates a projected loss of approximately $6.6 million in retailer commissions. 43 However the
Lottery's fiscal analysis does not appear to be applicable to the bill as drafted.
D. FISCAL COMMENTS:
The bill has not yet been reviewed by the Revenue Estimating Impact Conference.
41 Department of the Lottery, Department Analysis of 2020 HB 991, p. 5 (Jan. 30, 2020).
42 Ch. 2019-115 Laws of Fla., Specific Appropriation 2773.
43 Department of the Lottery, supra note 38 at 5.
STORAGE NAME: h0991d.C0M.D0CX PAGE: 6
DATE: 2/18/2020
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On Tuesday, February 11, 2020, the Government Operations & Technology Appropriations
Subcommittee adopted one amendment and reported the bill favorably as a committee substitute. The
amendment removed the requirement that $500,000 from the Lottery's Operating Trust Fund be
allocated annually toward preventing compulsive and addictive gambling.
This analysis is drafted to the committee substitute as passed by the Government Operations &
Technology Appropriations Subcommittee.
STORAGE NAME: h0991d.COM.DOCX PAGE: 7
DATE: 2/18/2020
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 991 2020
1 A bill to be entitled
2 An act relating to lottery games; amending s. 24.105,
3 F.S.; prohibiting an electronic device from being used
4 by a player to play any lottery game; prohibiting the
5 department from authorizing the operation of a
6 specified lottery game; amending s. 24.107, F.S.;
7 requiring the Department of the Lottery to include a
8 specified warning in all advertisements and promotions
9 of lottery games; providing an exception; providing
10 requirements for such warning; amending s. 24.111,
11 F.S.; requiring all contracts between the department
12 and a vendor to include a provision that requires the
13 vendor to place or print a specified warning on all
14 lottery tickets; providing an exception; providing
15 requirements for such warning; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (9) of section
21 24.105, Florida Statutes, is amended to read:
22 24.105 Powers and duties of department.-The department
23 shall:
24 (9) Adopt rules governing the establishment and operation
25 of the state lottery, including:
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0991-01-c1
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 991 2020
26 (a) The type of lottery games to be conducted, except
27 that:
28 1. The Ne name of an elected official may not shall appear
29 on the ticket or play slip of any lottery game or on any prize
30 or on any instrument used for the payment of prizes, unless such
31 prize is in the form of a state warrant.
32 2. Ne Coins or currency may not shall be dispensed from
33 any electronic computer terminal or electronic device used in
34 any lottery game.
35 3. Other than as specifically provided ins. 24.112, an
36 electronic computer fie terminal or electronic device may not be
37 used by the player to play .f.6-r any lottery game which may be
38 operated solely by the player without the assistance of the
39 retailer.
40 4. The department may not authorize the operation of a
41 lottery game in which the winner is chosen on the basis of the
42 activities or outcomes of one or more sporting events.
43 Section 2. Subsection (3) is added to section 24.107,
44 Florida Statutes, to read:
45 24.107 Advertising and promotion of lottery games.-
46 (3) Beginning January 1, 2021, all advertisements and
47 promotions of lottery games under this chapter, excluding multi-
48 state lottery games, must include a warning that meets all of
49 the following requirements:
50 (a) If on television, on the Internet, or in any other
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0991-01-c1
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 991 2020
51 electronic medium, appear in black font on a white background
52 and occupy at least 5 percent of the total surface area of the
53 advertisement or promotion.
54 (b) If in print, including in a newspaper, in a magazine,
55 or on a billboard, appear in prominent text and occupy at least
56 5 percent of the total surface area of the advertisement or
57 promotion.
58 (c) If on radio, be audibly announced at the conclusion of
59 the advertisement or promotion.
60 (d) Contain the following message: "PLAY RESPONSIBLY."
61 Section 3. Subsection (8) is added to section 24.111,
62 Florida Statutes, to read:
63 24.111 Vendors; disclosure and contract requirements.-
64 (8) Beginning January 1, 2021, all contracts subject to
65 this section must contain a provision that requires the vendor
66 to place or print a warning on all lottery tickets sold under
67 this chapter, excluding multi-state lottery tickets. The warning
68 must meet all of the following requirements:
69 (a) Appear in prominent text on the front side of the
70 lottery ticket and occupy at least 5 percent of the total
71 surface area of the lottery ticket.
72 (b) Contain the following message: "PLAY RESPONSIBLY."
73 (c) Appear on all lottery tickets printed on or after
74 January 1, 2022.
75 Section 4. This act shall take effect July 1, 2020.
Page 3 of 3
CODING: Words stFieken are deletions; words underlined are additions.
hb0991-01-c1
COMMERCE COMMITTEE
HB 991 by Rep. Robinson
Lottery Games
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Robinson:
Specifies that the warning requirements in the bill do not apply to advertisements and
promotions on Lottery vending machines authorized under s. 24.112(15) or equipment used by
a Lottery retailer.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 991 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Robinson offered the following:
3
4 Amendment (with title amendment)
5 Between lines 60 and 61, insert:
6
7 This subsection does not apply to advertisements and promotions
8 on vending machines authorized under s. 24.112(15) or equipment
9 used by a retailer.
10
11
12 T I T L E A ME N D ME N T
13 Remove line 9 and insert:
14 of lottery games; providing exceptions; providing
119499 - h0991-line 60.docx
Published On: 2/19/2020 11:08:59 AM
Page 1 of 1
(')
-
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:I:
OJ
HOUSE OF REPRESENTATIVES STAFF ANALYSIS ,
BILL#: CS/HB 1011 Vacation Rentals I
SPONSOR(S): Government Operations & Technology Appropriations Subcommittee, Fischer and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIREC OR or
BUDGET/POLI Y CHIEF
1) Workforce Development & Tourism Subcommittee 10 Y, 5 N Willson Barry
2) Government Operations & Technology 8 Y, 5 N, As CS Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Willson flw Hamon
SUMMARY ANALYSIS
The Division of Hotels and Restaurants (Division) in the Department of Business and Professional Regulafion
(DBPR) licenses and inspects vacation rentals within the state. I
A vacation rental is classified as any unit or group of units in a condominium or cooperative or any individually or
collectively owned home, not a timeshare project, which is rented to guests more than three times in a ca~ndar year
for periods of less than 30 days or 1 calendar month, or advertised to the public as a place regularly rente to
guests. The rental of individual rooms within a condominium unit or house is excluded from the licensure nd
regulation of public lodging establishments by the Division.
Local governments may not prohibit vacation rentals or regulate the duration or frequency of such rentals. !Local
regulations adopted before June 1, 2011, are not subject to this prohibition.
The bill: 1
• Defines the term "advertising platform". 1
• Requires that users of advertising platforms include certain licensure and tax identification information in a
vacation rental listing and provide certain information to the Division on a regular basis.
• Authorizes certain enforcement mechanisms relating to unlicensed activities .
• Preempts the regulation of advertising platforms to the state .
• Clarifies the scope of the state preemption of vacation rentals .
• Specifies that local regulations which apply uniformly to all residential properties, without regard to)whether
the property is offered for rent, are not subject to preemption.
• Specifies that the bill does not supersede the statutory authority of condominiums, cooperatives, o
homeowners' associations to govern the use of their properties.
• Requires vacation rental operators to display licensing and tax information under certain circumstances .
'
The bill does not preempt local regulations affecting vacation rentals if the regulation applies uniformly to aj1
residential properties. ·
The bill provides 19.00 new positions and $1.4 million in the first year and $1.3 million recurring thereafter~ DBPR
to implement the bill. There may be an indeterminate positive impact for state revenue generated from ad~l!ional
license fees, tourism, sales taxes, and fines. There will be a negative fiscal impact for local governments that collect
fees or fines related to the regulation of vacation rentals. See Fiscal Analysis and Economic Impact Statement.
I
Except as otherwise provided, the bill takes effect upon becoming law.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1011d.COM.D0CX
DATE: 2/17/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Vacation Rentals
The Division of Hotels and Restaurants (Division) within the Department of Business and Professional
Regulation (DBPR) is charged with enforcing the provisions of ch. 509, F.S., and all other applicable
laws relating to the inspection and regulation of public lodging establishments and public food service
establishments for the purpose of protecting the public health, safety, and welfare. DBPR licenses
vacation rentals within the state and has the power to inspect a licensed vacation rental. 1
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project. 2
The term "public lodging establishments" includes transient and nontransient public lodging
establishments. 3 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
length of the rentals.
The term "transient public lodging establishment" means any unit, group of units, dwelling, building, or
group of buildings within a single complex of buildings, which is rented to guests more than three times
in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which
is advertised or held out to the public as a place regularly rented to guests. 4
The term "vacation rental" means any unit or group of units in a condominium or cooperative 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 that is not a timeshare project. 5
Section 509.013(4)(b)9., F.S., exempts living or sleeping facilities that do not fit within the classification
of a hotel, motel, timeshare project, vacation rental, nontransient apartment, bed and breakfast inn, or
transient apartment. Currently, the classification for "vacation rental" only applies to situations where
the entire unit or dwelling is offered for rent; therefore the rental of individual rooms within a
condominium unit or house is excluded from the licensure and regulation of public lodging
establishments by the Division. 6
Licensure
The Division is authorized to issue vacation rental licenses as follows:
• Single license: issued to an individual person or entity, but not a licensed agent, and 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.
• Group license: issued to a licensed agent to cover all units within a building or group of
buildings in a single complex and only covers units held out to the public as a place regularly
rented to guests.
1
S. 509.241, F.S.
2
S. 509.242(1), F.S.
3
S. 509.0I3(4)(a), F.S.
4
S. 509.013(4)(a)l., F.S.
5
S. 509.242(l)(c), F.S.
6
DBPR, Agency Analysis of2020 Senate Bill 1128, p.2 (Jan. 7, 2020). See also 18-06 Fla. Op.Att'y Gen. (2018).
STORAGE NAME: h1011d.COMD0CX PAGE: 2
DATE: 2/17/2020
• Collective license: issued to a licensed agent who represents a collective group of houses or
units found on separate locations not to exceed 75 houses per license.7
Applicants for licensure must submit the appropriate application and required fee to the Division. The
license fees are based on the number of rental units in the establishment. A current license must be
conspicuously displayed in the office or lobby of the licensed establishment. 8 If no office or lobby is
present on the premises of the licensed establishment, the license must be readily available for
inspection upon request. 9
As of July 1, 2019, there were 47,337 public lodging establishments licensed by the Division. These
licenses are distributed as follows:
• Hotels: 2,056 licenses;
• Motels: 2,513 licenses;
• Non-transient apartments: 18,363 licenses;
• Transient apartments: 913 licenses;
• Bed and Breakfast Inns: 260 licenses;
• Vacation rental condominiums: 7,563 licenses;
• Vacation rental dwellings: 15,650 licenses; and
• Vacation rental timeshare projects: 19 licenses. 10
License Fees
The Division provides the following fee schedule relating to vacation rentals: 11
• Vacation rentals/collective license.
SINGLE UNIT $150 $10 $10 $170
2-25 $150 $20 $10 $180
26-50 $150 $35 $10 $195
51-100 $150 $50 $10 $210
101-200 $150 $75 $10 $235
201-300 $150 $105 $10 $265
301-400 $150 $135 $10 $295
401-500 $150 $160 $10 $320
OVER 500 $150 $190 $10 $350
Applicants for initial licensure are required to pay the full license fee if the application is made during, or
more than six months before, the annual renewal period. A half-year fee is authorized if such
application is made 6 months or less before the renewal period.
7
S. 509.241, F.S.
8
S. 509.241(3), F.S.
9
R. 61C-l.002(l), F.A.C.
10
DBPR, Division of Hotels and Restaurants Annual Report for FY 2018-2019,
http://www.myfloridalicense.com/dbpr/hr/reports/annualreports/documents/ar2018 19.pdf (last visited Jan. 13, 2020).
II R. 6IC-l.008, F.A.C.
12
S. 509.302, F.S., establishes the Hospitality Education Program. All public lodging establishments and all public food service
establishments licensed under ch. 509, F.S., are required to pay an annual fee ofno more than$ IO, which shall be included in the
annual license fee and used for the sole purpose of funding the Hospitality Education Program.
STORAGE NAME: h1011d.COM.DOCX PAGE: 3
DATE: 2/17/2020
A $50 application fee is required when making the initial application or an application for change of
ownership.
Renewal fees are based upon the number of units under the license when the license was either issued
or last renewed, whichever is most recent.
A $50 delinquency fee is required to renew a delinquent license filed with the Division after the
expiration date.
Sanitation and Safety
Current law requires each public lodging establishment to meet requirements and standards relating to
sanitation and safety. 13 These requirements and standards apply to the following:
• Water, plumbing and waste;
• Public bathrooms (vacation rentals are exempt from this requirement);
• Towels;
• Glassware, tableware, and utensils (vacation rentals are exempt from federal and state
standards but must sanitize with household cleaning supplies and provide notice of such in
guest rooms);
• Kitchens;
• Ice making machines;
• Locking devices;
• Vermin control;
• Storage and labeling of toxic items;
• Structural components, attachments, and fixtures; and
• Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms.
Ventilation and Fire Safety
Each bedroom in a public lodging establishment must be properly ventilated with windows or
mechanical ventilation. 14 Specialized smoke detectors for the deaf and hearing-impaired must be made
available upon request by guests in transient public lodging establishments without charge. 15
In addition, smoke alarms must be installed in every living unit16 and automatic fire sprinklers may be
required in public lodging establishments if the rental units are located within a building with three or
more stories or greater than 75 feet in height. 17 All local fire authority requirements must be met.
Electrical wiring must be in good repair.
Conduct on Premises
The operator of a public lodging establishment is authorized to refuse accommodations or service to
undesirable guests. 18 Subject to proper notification, an operator may remove guests who:
• Illegally possess or deal controlled substances;
• Are intoxicated;
• Are profane, lewd, or brawling;
• Disturb the peace and comfort of other guests;
• Injure the reputation, dignity, or standing of the establishment;
• Fail to pay rent on time;
13
See generally s. 509.221, F.S., and R. 61C-1&3, F.A.C.
14
S. 509.221(3), F.S.
15
R. 61C-l.004, F.A.C.
16
S. 509.215(l)(b), F.S.
17
S. 509.215(1), F.S.
18
S. 509.142, F.S.
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DATE: 2/17/2020
• Fail to check out on time;
• Are generally detrimental to the establishment. 19
The admission to, or the removal from, a public lodging establishment cannot be based upon race,
creed, color, sex, physical disability, or national origin. 20
Violations for remaining or attempting to remain in an establishment after being requested to leave are
a second-degree misdemeanor, punishable as provided in ss. 775.082 or 775.083, F.S. 21
In addition, an operator is authorized to take a person into custody and detain that person for disorderly
conduct that creates a threat to the life or safety of the person or others. 22
Inspections
The Division is required to inspect all public lodging establishments as often as necessary for the
enforcement of the law and protection of the public health, safety and welfare. Each licensed public
lodging establishment must be inspected at least biannually (twice per year), except for transient and
non-transient apartments, which must be inspected at least annually. 23
Vacation rentals are not subject to this requirement, but must be available for inspection upon a request
by the Division. For inspection purposes, the licensee or operator must, upon request, meet the
inspector at the site of a specified establishment with keys to the licensed house or unit being
inspected. 24
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. 25
The Division also may inspect a vacation rental in response to a consumer complaint related to
sanitation issues or unlicensed activity. In Fiscal Year 2018-2019, the Division received 228 consumer
complaints related to vacation rentals, of which 14 were confirmed as a violation by the Division. 26
Registry
The licensee or operator must notify the Division of all houses or units represented in a license
application. Any time a change in the address or number of houses or units occurs, the licensee or
operator must notify the Division at least 60 days prior to the expiration date of the license. In addition,
a list of the included houses or units must be maintained in a written form for inspection by request. 27
Each operator of a transient public lodging establishment must maintain a register showing the dates
each rental unit was occupied by a guest as well as the rates charged to the occupants. This register
19
S. 509.141(1), F.S.
20
S. 509.141(1), F.S.
21
S. 509.141(3), F.S.
22
S. 509.143(1), F.S.
23
See generally s. 509.032, F.S., Rule 61C-l.002, F.A.C.
24 Id.
25
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=7694 (last
visited Jan. 13, 2020).
26
DBPR, Division of Hotels and Restaurants Annual Report for FY 2018-2019, at 21.
21 Id.
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DATE: 2/17/2020
must be maintained in chronological order and available for inspection by the Division at any time.
Operators must maintain two years of register data. 28
Violations
Any public lodging establishment found to be in violation of ch. 509, F.S., or rules adopted by the
Division, may be subject to administrative actions including the following penalties:
• Fines not to exceed $1,000 per offense; and
• Suspension, revocation, or refusal of a license. 29
Licensees with a single license are responsible for all violations of ch. 509, F.S., or rules adopted by
the Division. 30 The authorized agent of the licensee is responsible for a violation for licensees holding a
collective or group license if the dwelling or unit was listed under the agent or as otherwise reflected in
records filed with the Division. 31
Preemption Authority
Prior to June 1, 2011, local governments regulated vacation rentals (also referred to as resort dwellings
in many local ordinances). Local governments could restrict or prohibit vacation rentals up to, and
including, banning the use of residential properties as vacation rentals.
Legislation in 2011 preempted the authority to regulate vacation rentals to the state. 32 The preemption
prevented local governments from enacting any new 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.
The 2011 preemption did not apply to local regulations enacted on or before June 1, 2011.
Prior to the 2011 preemption, several municipalities had created regulations specifically relating to
vacation rentals. 33 As an example, one ordinance prohibited owners of single-family residences in
residential zones from renting their properties for durations of less than 30 days, although it
grandfathered certain vacation rentals that had already obtained all applicable state and local licenses
and permits. 34 Subsequent to the enactment of the 2011 legislation, the vacation rental market
experienced growth. 35
In 2014, the Legislature narrowed the scope of the preemption to preempt only those local regulations
which prohibit vacation rentals or regulate the duration or frequency of vacation rentals. 36
28
S. 509.101(2), F.S.
29
S. 509.261(1), F.S.
30 Id
31 fd
32
Ch. 2011-119, Laws ofFla., codified ins. 509.032(7), F.S.
33
See City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also Monroe County Code, No. 004-1997 (2013); Bal
Harbour Village Code of Ordinances, s. 21-363.
34
City of Venice Code of Ordinances, ch. 86, art. V, div. 9, s. 86-151. See also City of Venice v. Gwynn, 16 So. 3d 401, 403 (Fla. 2nd
DCA2011).
35
See Melissa Maynard, As Short-Terms Rentals Boom, Regulation an Issue, THE PEW CHARITABLE TRUST (June, 6, 2013),
http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2013/06/06/as-shortterms-rentals-boom-regulation-an-issue.
36
Ch. 2014-71, Laws of Fla., codified ins. 509.032(7)(b), F.S.
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DATE: 2/17/2020
Recent Activity
Homeowners found to be in conflict with ordinances regulating vacation rentals have taken legal action
against their respective local governments through the Bert J. Harris, Jr., Private Property Rights
Protection Act. 37 The act provides a cause of action for private property owners whose real property
has been inordinately burdened by a specific action of a governmental entity that may not rise to the
level of a "taking" under the State or Federal Constitutions. The inordinate burden can apply to either
an existing use of real property or a vested right to a specific use. 38
In November 2015, the City of Anna Maria passed and adopted Ordinance No. 15-807. This ordinance
provides a general framework for the regulation of vacation rentals, including maximum occupancy
requirements. According to the city's website, since April 2016, approximately 113 Bert Harris Act
claims citing Ordinance No. 15-807 amounting to approximately $38 million in damages have been
filed. 39
In March 2016, Miami Beach passed an ordinance making the fine for a first violation for a resident
caught renting short-term $20,000. Each subsequent fine increases by $20,000 and can be as high as
$100,000. Vacation/short-term rentals that are permitted in certain zoning districts of Miami Beach are
required to provide and conspicuously display the city-issued business tax receipt number and the
resort tax certificate number in every advertisement or listing of any type in connection with the rental of
the residential property. 40
In June 2018, it was reported that Miami Beach had issued $12.1 million in fines, only $174,000 of
which had been paid. Some owners were reported to have accumulated up to $60,000 in fines. 41
Condominiums, Cooperatives, and Homeowners' Associations
A condominium is a form of ownership of real property created pursuant to ch. 718, F.S., comprised of
units which may be owned by one or more persons but have an undivided share of access to common
facilities. 42 A condominium is created by recording a declaration in the public records of the county in
which the condominium will be located. 43 A declaration governs the relationships among condominium
unit owners and the condominium association. All unit owners are members of the condominium
association. The condominium association is overseen by an elected board of directors, commonly
referred to as a "board of administration." The association enacts condominium association bylaws
governing the administration of the association. The declaration as originally recorded or as amended
may include covenants and restrictions concerning the use, occupancy, and transfer of the units in the
association.
A cooperative is a form of property ownership created pursuant to ch. 719, F.S. The real property is
owned by the cooperative association, and individual units are leased to the residents who own shares
in the cooperative association. 44 The lease payment amount is the pro-rata share of the operational
expenses of the cooperative. Cooperatives operate similarly to condominiums and the laws regulating
cooperatives are similar in many ways. A cooperative is created using "cooperative documents" which
37
Kathy Prucnell, 2 more Holmes Beach Bert Harris claims proceed to courthouse, THE ISLANDER (Feb. 20, 2018),
https://www.islander.org/20 18/02/2-more-holmes-beach-bert-harris-c !aims-proceed-to-courthouse/.
38
S. 70.001, F.S.
39
CITY OF ANNA MARIA, Bert J Harris, Jr., Private Property Rights Protection Act Claim Filings,
http://www.cityofannamaria.com/residents/bert harris claim.php (last visited Mar. 16, 2019).
40
See Miami Beach City Code, Sec. 142-1111 and 142-905(b).
41
Chabeli Herrera, Miami Beach has the country's highest short-term rental fines. ft just got sued, MIAMI HERALD (June 28, 2018),
https://www.miamiherald.com/news/business/article213954 l 74.html.
42
S. 718.103(11), F.S.
43
S. 718.104(2), F.S.
44
S. 719.103(2)(26), F.S.
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DATE: 2/17/2020
include articles of incorporation of the association, bylaws, and the ground lease or other underlying
lease, if any. The documents may include restrictions, which affect the use of the property.
A homeowners' association (HOA) is an association of residential property owners where voting
membership consists of parcel owners, membership is a mandatory condition of parcel ownership, and
which may impose assessments that, if unpaid, can become a lien on the parcel. 45 Chapter 720, F.S.,
only regulates HOAs whose covenants and restrictions include mandatory assessments. Like a
condominium or cooperative, an HOA is administered by an elected board of directors. The powers and
duties of an HOA includes those provided in ch. 720, F.S., and contained in the governing documents
of the association. The governing documents include the recorded covenants and restrictions, bylaws,
articles of incorporation, and duly adopted amendments to those documents. The documents may
include restrictive covenants governing the use and occupancy of properties.
Based on these laws, condominium, cooperative, and homeowners' associations have enacted
provisions that govern the ability of the property owners to rent their properties. Certain condominium,
cooperative, and homeowners' associations have taken actions such as prohibiting owners from renting
their properties, restricting the duration of the rental term, or limiting the frequency owners are allowed
to rent their properties.
Effect of the Bill
Preemption
The bill amends s. 509.032(7), F.S., relating to the preemption of vacation rentals by the state.
The bill specifies that the regulation of vacation rentals and advertising platforms is preempted to the
state.
The bill does not preempt local regulations affecting vacation rentals if the regulation applies uniformly
to all residential properties, regardless of whether:
• the property is used as a vacation rental,
• the property is used as a long-term rental subject to chapter 83, or
• the property owner chooses not to rent the property.
The bill prohibits local regulations that allow or require the inspection or licensing of vacation rentals.
However, vacation rentals will remain exempt from state inspection requirements.
The bill also provides for the following legislative findings: that vacation rentals are residential in nature,
that residential property owners have a constitutionally protected right to use their property as a
vacation rental, and that vacation rentals are different from other types of public lodging and play a
unique and critical role in the state's tourism industry.
Advertising Platforms
Definition
The bill creates s. 509.013(17), F.S., defining the term "advertising platform" as a person who:
• Provides an online application, software, website, system, or print advertisement through which
a transient public lodging establishment 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;
or
45
S. 720.301(9), F.S.
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• 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.
The bill exempts a multiple listing service or an online or print advertisement for the rental of a transient
public lodging establishment by a licensed real estate broker or sales associate from the definition of
"advertising platform". The bill specifies, however, that a licensed real estate broker or sales associate
must comply withs. 509.243(3), F.S., relating to the removal of listings that fail to display valid license
numbers.
Platform Requirements
Effective January 1, 2021, the bill creates s. 509.243, F.S., requiring an advertising platform must:
• Require that a person who places an advertisement for a vacation rental include the license
number, applicable Florida sales tax registration, and tourist development tax account numbers,
and attest to the best of their knowledge that this information is correct.
• 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 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.
If the Division has probably cause to believe that a person not licensed by the Division has violated ch.
509, F.S., the bill authorizes the Division to issue a notice to cease and desist and to enforce such a
notice by injunction or a writ of mandamus. If DBPR is required to seek enforcement of the notice for a
penalty pursuant to s. 120.569, F.S., 46 it is entitled to collect its attorney fees and costs, together with
any cost of collection.
Vacation Rental Operators
Effective January 1, 2021, the bill amends s. 509.241, F.S., to require the 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
under which such taxes must be paid for each rental of the property as a vacation rental.
Vacation Rental Licensure
The bill amends s. 509.242 F.S., removing "any" from the definition of a vacation rental. This
modification would add single bedrooms or groups of bedrooms in a house to the definition of a
vacation rental. This modification would also include hosted stays, in which the unit owner is renting an
unoccupied portion of an occupied dwelling. These modifications may require previously exempt
individuals to obtain a license to continue to rent these specified units. 47
46
Section 120.569, F.S., provides the administrative procedures for resolution ofagency decisions which affect substantial interests
before the Division of Administrative Hearings.
47
DBPR, Agency Analysis of2020 Senate Bill 1128, p. 3 (Jan. 29, 2020).
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Condominiums, Cooperatives, and Homeowners' Associations
The bill provides that it is not the Legislature's intent to supersede any current or future declaration or
declaration of condominium adopted pursuant to ch. 718, F.S., cooperative documents adopted
pursuant to ch. 719, F.S., or declaration of covenants or declaration adopted pursuant to ch. 720, F.S.
Except as otherwise provided, the bill takes effect upon becoming law.
B. SECTION DIRECTORY:
Section 1: Amends s. 509.013, F.S., defining the term "advertising platform".
Section 2: Amends s. 509.032, F.S., preempting the regulation of vacation rentals to the state;
providing legislative findings; authorizing a local law, ordinance, or regulation to regulate
certain activities under certain circumstances; prohibiting a local law, ordinance, or
regulation from allowing or requiring inspections or licensing of vacation rentals;
preempting the regulation of advertising platforms to the state.
Section 3: Amends s. 509.241, F.S., requiring licenses issued by the Division to be displayed
conspicuously to the public inside the licensed establishment; and requiring the operator
of certain vacation rentals to also display its vacation rental license number and
applicable tax account numbers.
Section 4: Amends s. 509.242, F.S., revising the criteria for a public lodging establishment to be
classified as a vacation rental.
Section 5: Creates s. 509.243, F.S., requiring advertising platforms to require that persons placing
advertisements for vacation rentals include certain information in the advertisements;
providing that the advertising platform is not required to verify such information; requiring
each advertising platform to quarterly provide the Division with certain information
regarding vacation rentals in this state listed on the platform; requiring an advertising
platform to remove an advertisement or listing under certain conditions and within a
specified timeframe; authorizing the Division to issue and deliver a notice to cease and
desist for certain violations; providing that such notice does not constitute agency action
for which a certain hearing may be sought; authorizing the Division to file certain
proceedings; and authorizing the collection of attorney fees and costs under certain
circumstances.
Section 6: Provides for applicability.
Section 7: Provides positions and appropriations.
Section 8: Provides for effective dates.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
There may be an indeterminate increase in revenues due to additional license fees, tourism and
sales taxes, and fines.
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2. Expenditures:
The bill requires advertising platforms to list specific information relating to tax rentals and send the
information to DBPR, but does not require the platforms to verify the information. To verify the
information is correct, DBPR will need to audit the uniform resource location for internet addresses,
vacation license numbers, Florida sales tax registration numbers, and tourist development tax
numbers. DBPR will also need to coordinate with the 67 county tax collectors to verify taxing
information is correct. Once the information is verified, DBPR will be able to send and enforce
removal notices for those vacation rentals not in compliance. 48
The bill modifies the definition of vacation rental, which may significantly increase the number of
individuals required to acquire a license. In addition, vacation rental operators will be required to
display additional information including the rental's license in all units and the license number in all
advertisements. The additional requirements and licenses may result in additional complaints from
local jurisdictions, tax collectors, vacation rentals guests, license holders, and concerned
homeowners. 49
The bill provides 19.00 new positions and $1.4 million in the first year and $1.3 million recurring
thereafter, from the Hotel and Restaurant Trust Fund, to DBPR to implement the bill.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Preempting local governments from regulating vacation rentals will prevent a local government from
imposing and collecting fees and fines relating to regulation and enforcement, which will have an
indeterminate negative fiscal impact on local revenues, depending on each local government's
current practice of vacation rental regulation and enforcement.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will provide a more predictable and uniform regulatory framework for vacation rentals in Florida.
However, certain operators who offer hosted stays or individual room(s) within a larger dwelling or unit
will now be subject to regulation by the Division, including certain licensure and fee requirements.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.
48
DBPR, Agency Analysis of2020 Senate Bill 1128, p. 7-8 (Jan. 29, 2020).
49
DBPR, Agency Analysis of2020 Senate Bill 1128, p. 4 (Jan. 29, 2020).
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2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Lines 111-113: "This sub-subparagraph paragraph does not apply to any local law, ordinance, or
regulation adopted on or before June 1, 2011." It is not clear what effect, if any, this grandfathering
clause will have if it is limited to sub-subparagraph 509.032(7)(a)2.c., F.S.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On February 4, 2020, the Government Operations & Technology Appropriations Subcommittee adopted
one amendment and reported the bill favorably as a committee substitute. The committee substitute
provides 19.00 positions and an appropriation of $1.4 million to DBPR to implement the bill.
This analysis is drafted to the committee substitute as passed by the Government Operations &
Technology Appropriations Subcommittee.
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 1011 2020
1 A bill to be entitled
2 An act relating to vacation rentals; amending s.
3 509.013, F.S.; defining the term "advertising
4 platform"; amending s. 509.032, F.S.; preempting the
5 regulation of vacation rentals to the state; providing
6 legislative findings; authorizing a local law,
7 ordinance, or regulation to regulate certain
8 activities under certain circumstances; prohibiting a
9 local law, ordinance, or regulation from allowing or
10 requiring inspections or licensing of vacation
11 rentals; preempting the regulation of advertising
12 platforms to the state; amending s. 509.241, F.S.;
13 requiring licenses issued by the Division of Hotels
14 and Restaurants of the Department of Business and
15 Professional Regulation to be displayed conspicuously
16 to the public inside the licensed establishment;
17 requiring the operator of certain vacation rentals to
18 also display its vacation rental license number and
19 applicable tax account numbers; amending s. 509.242,
20 F.S.; revising the criteria for a public lodging
21 establishment to be classified as a vacation rental;
22 creating s. 509.243, F.S.; requiring advertising
23 platforms to require that persons placing
24 advertisements for vacation rentals include certain
25 information in the advertisements; providing that the
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26 advertising platform is not required to verify such
27 information; requiring each advertising platform to
28 quarterly provide the division with certain
29 information regarding vacation rentals in this state
30 listed on the platform; requiring an advertising
31 platform to remove an advertisement or listing under
32 certain conditions and within a specified timeframe;
33 authorizing the division to issue and deliver a notice
34 to cease and desist for certain violations; providing
35 that such notice does not constitute agency action for
36 which a certain hearing may be sought; authorizing the
37 division to file certain proceedings; authorizing the
38 collection of attorney fees and costs under certain
39 circumstances; providing applicability; providing
40 appropriations and authorizing positions; providing
41 effective dates.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. Subsection (17) is added to section 509.013,
46 Florida Statutes, to read:
47 509.013 Definitions.-As used in this chapter, the term:
48 ( 1 7) "Advertising platform" means a person who:
49 (a) Provides an online application, software, website,
50 system, or print advertisement through which a transient public
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51 lodging establishment located in this state is advertised or
52 held out to the public as available to rent for transient
53 occupancy;
54 (b) Provides or maintains a marketplace for the renting by
55 transient occupancy of a vacation rental; or
56 (c) Provides a reservation or payment system that
57 facilitates a transaction for the renting by transient occupancy
58 of a vacation rental and for which the person collects or
59 receives, directly or indirectly, a fee in connection with the
60 reservation or payment service provided for such transaction.
61
62 The term does not include the multiple listing service or an
63 online or print advertisement of a transient public lodging
64 establishment by a real estate broker or sales associate
65 licensed under chapter 475; however, a real estate broker or
66 sales associate licensed under chapter 475 must comply withs.
67 509.243(3).
68 Section 2. Subsection (7) of section 509.032, Florida
69 Statutes, is amended to read:
70 509.032 Duties.-
71 (7) PREEMPTION AUTHORITY.-
72 (a) Public lodging establishments and public food service
73 establishments.-
74 l. Preemption.-The regulation of public lodging
75 establishments, including vacation rentals, and public food
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76 service establishments, including, but not limited to,
77 sanitation standards, inspections, training and testing of
78 personnel, and matters related to the nutritional content and
79 marketing of foods offered in such establishments, is preempted
80 to the state. This subparagraph paragraph does not preempt the
81 authority of a local government or local enforcement district to
82 conduct inspections of public lodging and public food service
83 establishments for compliance with the Florida Building Code and
84 the Florida Fire Prevention Code, pursuant toss. 553.80 and
85 633.206.
86 ~-fe+ Vacation rentals.-
87 a. The Legislature finds that:
88 (I) Property owners who choose to use their property as a
89 vacation rental have constitutionally protected property rights
90 and other rights that must be protected, including the right to
91 use their residential property as a vacation rental;
92 (II) Vacation rentals play a significant, unique, and
93 critical role in this state's tourism industry, and that role is
94 different from other types of public lodging establishments;
95 (III) There are factors unique to the ownership and
96 operation of a vacation rental; and
97 (IV) Vacation rentals are residential in nature, a
98 residential use, and thus permitted in residential
99 neighborhoods.
100 b. Except as provided under this subparagraph, the
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101 regulation of vacation rentals, including inspection and
102 licensing, is expressly preempted to the state.
103 c. A local law, ordinance, or regulation may regulate
104 activities that arise when a property is used as a vacation
105 rental if the law, ordinance, or regulation applies uniformly to
106 all residential properties without regard to whether the
107 property is used as a vacation rental as defined ins. 509.242,
108 the property is used as a long-term rental subject to chapter
109 83, or the property owner chooses not to rent the property.
110 However, a local law, ordinance, or regulation may not prohibit
111 vacation rentals or regulate the duration or frequency of rental
112 of vacation rentals. This sub-subparagraph paragraph does not
113 apply to any local law, ordinance, or regulation adopted on or
114 before June 1, 2011.
115 d. A local law, ordinance, or regulation may not allow or
116 require the inspection or licensing of vacation rentals.
117 ~+e+- This subparagraph paragraph (b) does not apply to
118 any local law, ordinance, or regulation exclusively relating to
119 property valuation as a criterion for vacation rental if the
120 local law, ordinance, or regulation is required to be approved
121 by the state land planning agency pursuant to an area of
122 critical state concern designation.
123 (b) Advertising platforms.-The regulation of advertising
124 platforms is preempted to the state and shall be regulated under
125 this chapter.
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126 Section 3. Effective January 1, 2021, subsection (3) of
127 section 509.241, Florida Statutes, is amended to read:
128 509.241 Licenses required; exceptions.-
129 (3) DISPLAY OF LICENSE.-Any license issued by the division
130 must shall be conspicuously displayed to the public inside ±-ft
131 the office or lobby of the licensed establishment. Public food
132 service establishments that which offer catering services must
133 shall display their license number on all advertising for
134 catering services. The operator of a vacation rental offered for
135 transient occupancy through an advertising platform must also
136 display the vacation rental license number and the applicable
137 Florida sales tax registration and tourist development tax
138 account numbers under which such taxes must be paid for each
139 rental of the property as a vacation rental.
140 Section 4. Paragraph (c) of subsection (1) of section
141 509.242, Florida Statutes, is amended to read:
142 509.242 Public lodging establishments; classifications.-
143 (1) A public lodging establishment shall be classified as
144 a hotel, motel, nontransient apartment, transient apartment, bed
145 and breakfast inn, timeshare project, or vacation rental if the
146 establishment satisfies the following criteria:
147 (c) Vacation rental.-A vacation rental is a -a-fiY unit or
148 group of units in a condominium or cooperative or in an -a-fiY
149 individually or collectively owned single-family, two-family,
150 three-family, or four-family house or dwelling unit that is also
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151 a transient public lodging establishment but that is not a
152 timeshare project.
153 Section 5. Effective January 1, 2021, section 509.243,
154 Florida Statutes, is created to read:
155 509.243 Advertising platforms.-
156 (1) (a) An advertising platform must require that a person
157 who places an advertisement for the rental of a vacation rental:
158 1. Include in the advertisement the vacation rental
159 license number and the applicable Florida sales tax registration
160 and tourist development tax account numbers under which such
161 taxes must be paid before the advertisement may be listed; and
162 2. Attest to the best of their knowledge that the license
163 number for the vacation rental property and the applicable tax
164 numbers are current, valid, and accurately stated in the
165 advertisement.
166 (b) An advertising platform must display the license
167 number and applicable Florida sales tax registration and tourist
168 development tax numbers, but the advertising platform is not
169 required to verify such information.
170 (2) An advertising platform must provide to the division
171 on a quarterly basis, by file transfer protocol or electronic
172 data exchange file, a list of all vacation rental listings in
173 this state on its platform and all of the following information
174 for each listing:
175 (a) The uniform resource locator for the Internet address
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176 of the listing.
177 (b) The vacation rental license number provided by the
178 owner or operator.
179 (c) The applicable Florida sales tax registration and
180 tourist development tax numbers under which taxes will be
181 remitted for rentals commenced through the advertisement.
182 (3) An advertising platform must remove from public view
183 an advertisement or listing from its online application,
184 software, website, or system within 15 business days after being
185 notified by the division in writing that the subject
186 advertisement or listing for the rental of a vacation rental
187 located in this state fails to display a valid license number
188 issued by the division.
189 ( 4) If the division has probable cause to believe that a
190 person not licensed by the division has violated this chapter,
191 or any rule adopted pursuant thereto, the division may issue and
192 deliver to such person a notice to cease and desist from the
193 violation. The issuance of a notice to cease and desist does not
194 constitute agency action for which a hearing under ss. 120.569
195 and 120.57 may be sought. For the purpose of enforcing a cease
196 and desist notice, the division may file a proceeding in the
197 name of the state seeking the issuance of an injunction or a
198 writ of mandamus against any person who violates any provision
199 of the notice. If the department is required to seek enforcement
200 of the notice for a penalty pursuant to s. 120.569, it is
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201 entitled to collect its attorney fees and costs, together with
202 any cost of collection.
203 Section 6. The Legislature does not intend for the
204 application of this act to supersede any current or future
205 declaration or declaration of condominium adopted pursuant to
206 chapter 718, Florida Statutes, cooperative documents adopted
207 pursuant to chapter 719, Florida Statutes, or declaration of
208 covenants or declaration adopted pursuant to chapter 720,
209 Florida Statutes.
210 Section 7. For the 2020-2021 fiscal year, the sums of
211 $1,306,368 in recurring funds and $116,749 in nonrecurring funds
212 from the Hotel and Restaurant Trust Fund are appropriated to the
213 Department of Business and Professional Regulation and 19 full-
214 time equivalent positions with associated salary rate of 792,021
215 are authorized for the purpose of implementing this act.
216 Section 8. Except as otherwise expressly provided in this
217 act, this act shall take effect upon becoming a law.
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COMMERCE COMMITTEE
CS/HB 1011 by Rep. Fischer
Vacation Rentals
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Fischer (strike-all). The amendment:
• Removes the reference to "print advertisement" from the definition of "advertising platform,"
and clarifies that a person must meet all three criteria to be an advertising platform.
• Prohibits local laws that require inspections or licenses for vacation rentals.
• Relating to preemption, the amendment deletes "legislative intent" language and maintains
the current "grandfathering" provision, including local laws in a jurisdiction within an Area of
Critical State Concern
• Allows local governments to amend "grandfathered" local laws to be less restrictive.
• Requires the advertising platform to verify that the vacation rental license number provided
by the owner or operator is valid and applies to the subject vacation rental before publishing
the advertisement and at the end of each calendar quarter.
• Requires the Dept. of Business and Professional Regulation (DBPR) to maintain license
information in an accessible electronic format to facilitate prompt compliance.
• Requires an advertising platform to quarterly provide DBPR with a list of all vacation rentals
located in the state, including the physical address and unit number for the vacation rental.
• Requires advertising platforms to collect and remit sales tax and tourist development taxes if
the guest pays for the rental on or through the advertising platform, permits advertising
platforms to exclude service fees when calculating the taxes to be collected and remitted,
and authorizes the Dept. of Revenue (DOR) to adopt rules.
• Clarifies that the taxes an advertising platform must collect and remit are based on the total
rental amount charged by the owner or operator for use of the vacation rental.
• Amends s. 212.03, F.S., to incorporate the requirement that an advertising platform collect
and remit the specified taxes into ch. 212, F.S., and thereby clarify the authority of the DOR
• Requires DOR and counties that have elected to self-administer tourist development taxes to
allow advertising platforms to register, collect, and remit such taxes.
• Requires advertising platforms to adopt an anti-discrimination policy and to inform the users
of its services that it is illegal to refuse accommodation to an individual based on race, creed,
color, sex, pregnancy, physical disability, or national origin, pursuant to s. 509.092, F.S.
• Clarifies that the bill "shall not" supersede any current or former governing document of a
community association.
• Authorizes DOR to adopt emergency rules, which are effective for 6 months and may be
renewed to adopt permanent rules.
• Revises the Florida Sexual Predators Act (s. 775.21, F.S.) to provide additional safeguards
relating to vacation rentals under certain circumstances.
• Removes the appropriation to DBPR.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fischer offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 509.013, Florida Statutes, is amended
7 to read:
8 509.013 Definitions.-As used in this chapter, the term:
9 (1) "Advertising platform" means a person who:
10 (a) Provides an online application, software, website, or
11 system through which a vacation rental located in this state is
12 advertised or held out to the public as available to rent for
13 transient occupancy;
14 (b) Provides or maintains a marketplace for the renting by
15 transient occupancy of a vacation rental; and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
16 (c) Provides a reservation or payment system that
17 facilitates a transaction for the renting by transient occupancy
18 of a vacation rental and for which the person collects or
19 receives, directly or indirectly, a fee in connection with the
20 reservation or payment service provided for such transaction.
21 fil-f-6-t- "Director" means the Director of the Division of
22 Hotels and Restaurants of the Department of Business and
23 Professional Regulation.
24 fil+I+ "Division" means the Division of Hotels and
25 Restaurants of the Department of Business and Professional
26 Regulation.
27 J..il-f-3+ "Guest" means any patron, customer, tenant, lodger,
28 boarder, or occupant of a public lodging establishment or public
29 food service establishment.
30 ill-f-±-6+ "Nontransient" means a guest in nontransient
31 occupancy.
32 ffi-H:-4+ "Nontransient establishment" means any public
33 lodging establishment that is rented or leased to guests by an
34 operator whose intention is that the dwelling unit occupied will
35 be the sole residence of the guest.
36 fil-f-l-&t "Nontransient occupancy" means occupancy when it
37 is the intention of the parties that the occupancy will not be
38 temporary. There is a rebuttable presumption that, when the
39 dwelling unit occupied is the sole residence of the guest, the
40 occupancy is nontransient.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
41 ffi-f±t "Operator" means the owner, licensee, proprietor,
42 lessee, manager, assistant manager, or appointed agent of a
43 public lodging establishment or public food service
44 establishment.
45 (9) (a) (4) (a) "Public lodging establishment" includes a
46 transient public lodging establishment as defined in
47 subparagraph 1. and a nontransient public lodging establishment
48 as defined in subparagraph 2.
49 1. "Transient public lodging establishment" means any
50 unit, group of units, dwelling, building, or group of buildings
51 within a single complex of buildings which is rented to guests
52 more than three times in a calendar year for periods of less
53 than 30 days or 1 calendar month, whichever is less, or which is
54 advertised or held out to the public as a place regularly rented
55 to guests.
56 2. "Nontransient public lodging establishment" means any
57 unit, group of units, dwelling, building, or group of buildings
58 within a single complex of buildings which is rented to guests
59 for periods of at least 30 days or 1 calendar month, whichever
60 is less, or which is advertised or held out to the public as a
61 place regularly rented to guests for periods of at least 30 days
62 or 1 calendar month.
63
64 License classifications of public lodging establishments, and
65 the definitions therefor, are set out ins. 509.242. For the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
66 purpose of licensure, the term does not include condominium
67 common elements as defined ins. 718.103.
68 (b) The following are excluded from the definitions in
69 paragraph (a):
70 1. Any dormitory or other living or sleeping facility
71 maintained by a public or private school, college, or university
72 for the use of students, faculty, or visitors.
73 2. Any facility certified or licensed and regulated by the
74 Agency for Health Care Administration or the Department of
75 Children and Families or other similar place regulated under s.
76 381.0072.
77 3. Any place renting four rental units or less, unless the
78 rental units are advertised or held out to the public to be
79 places that are regularly rented to transients.
80 4. Any unit or group of units in a condominium,
81 cooperative, or timeshare plan and any individually or
82 collectively owned one-family, two-family, three-family, or
83 four-family dwelling house or dwelling unit that is rented for
84 periods of at least 30 days or 1 calendar month, whichever is
85 less, and that is not advertised or held out to the public as a
86 place regularly rented for periods of less than 1 calendar
87 month, provided that no more than four rental units within a
88 single complex of buildings are available for rent.
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89 5. Any migrant labor camp or residential migrant housing
90 permitted by the Department of Health under ss. 381.008-
91 381.00895.
92 6. Any establishment inspected by the Department of Health
93 and regulated by chapter 513.
94 7. Any nonprofit organization that operates a facility
95 providing housing only to patients, patients' families, and
96 patients' caregivers and not to the general public.
97 8. Any apartment building inspected by the United States
98 Department of Housing and Urban Development or other entity
99 acting on the department's behalf that is designated primarily
100 as housing for persons at least 62 years of age. The division
101 may require the operator of the apartment building to attest in
102 writing that such building meets the criteria provided in this
103 subparagraph. The division may adopt rules to implement this
104 requirement.
105 9. Any roominghouse, boardinghouse, or other living or
106 sleeping facility that may not be classified as a hotel, motel,
107 timeshare project, vacation rental, nontransient apartment, bed
108 and breakfast inn, or transient apartment under s. 509.242.
109 ( 10) (a) ( 5) (a) "Public food service establishment" means
110 any building, vehicle, place, or structure, or any room or
111 division in a building, vehicle, place, or structure where food
112 is prepared, served, or sold for immediate consumption on or in
113 the vicinity of the premises; called for or taken out by
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114 customers; or prepared before prior to being delivered to
115 another location for consumption. The term includes a culinary
116 education program, as defined ins. 381.0072(2), which offers,
117 prepares, serves, or sells food to the general public,
118 regardless of whether it is inspected by another state agency
119 for compliance with sanitation standards.
120 (b} The following are excluded from the definition in
121 paragraph (a):
122 1. Any place maintained and operated by a public or
123 private school, college, or university:
124 a. For the use of students and faculty; or
125 b. Temporarily to serve such events as fairs, carnivals,
126 food contests, cook-offs, and athletic contests.
127 2. Any eating place maintained and operated by a church or
128 a religious, nonprofit fraternal, or nonprofit civic
129 organization:
130 a. For the use of members and associates; or
131 b. Temporarily to serve such events as fairs, carnivals,
132 food contests, cook-offs, or athletic contests.
133
134 Upon request by the division, a church or a religious, nonprofit
135 fraternal, or nonprofit civic organization claiming an exclusion
136 under this subparagraph must provide the division documentation
137 of its status as a church or a religious, nonprofit fraternal,
138 or nonprofit civic organization.
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139 3. Any eating place maintained and operated by an
140 individual or entity at a food contest, cook-off, or a temporary
141 event lasting from 1 to 3 days which is hosted by a church or a
142 religious, nonprofit fraternal, or nonprofit civic organization.
143 Upon request by the division, the event host must provide the
144 division documentation of its status as a church or a religious,
145 nonprofit fraternal, or nonprofit civic organization.
146 4. Any eating place located on an airplane, train, bus, or
147 watercraft which is a common carrier.
148 5. Any eating place maintained by a facility certified or
149 licensed and regulated by the Agency for Health Care
150 Administration or the Department of Children and Families or
151 other similar place that is regulated under s. 381.0072.
152 6. Any place of business issued a permit or inspected by
153 the Department of Agriculture and Consumer Services under s.
154 500.12.
155 7. Any place of business where the food available for
156 consumption is limited to ice, beverages with or without
157 garnishment, popcorn, or prepackaged items sold without
158 additions or preparation.
159 8. Any theater, if the primary use is as a theater and if
160 patron service is limited to food items customarily served to
161 the admittees of theaters.
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162 9. Any vending machine that dispenses any food or
163 beverages other than potentially hazardous foods, as defined by
164 division rule.
165 10. Any vending machine that dispenses potentially
166 hazardous food and which is located in a facility regulated
167 under s. 381.0072.
168 11. Any research and development test kitchen limited to
169 the use of employees and which is not open to the general
170 public.
171 Jll.l+H- "Single complex of buildings" means all buildings
172 or structures that are owned, managed, controlled, or operated
173 under one business name and are situated on the same tract or
174 plot of land that is not separated by a public street or
175 highway.
176 J..l:1_L-t8+ "Temporary food service event" means any event of
177 30 days or less in duration where food is prepared, served, or
178 sold to the general public.
179 J..lll-f-9-t "Theme park or entertainment complex" means a
180 complex comprised of at least 25 contiguous acres owned and
181 controlled by the same business entity and which contains
182 permanent exhibitions and a variety of recreational activities
183 and has a minimum of 1 million visitors annually.
184 J..lil-+±-G+ "Third-party provider" means, for purposes of s.
185 509.049, any provider of an approved food safety training
186 program that provides training or such a training program to a
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187 public food service establishment that is not under common
188 ownership or control with the provider.
189 ~+l:-3-t "Transient" means a guest in transient occupancy.
190 J.1£l.+l:-±+ "Transient establishment" means any public
191 lodging establishment that is rented or leased to guests by an
192 operator whose intention is that such guests' occupancy will be
193 temporary.
194 J.1...2.l~ "Transient occupancy" means occupancy when it is
195 the intention of the parties that the occupancy will be
196 temporary. There is a rebuttable presumption that, when the
197 dwelling unit occupied is not the sole residence of the guest,
198 the occupancy is transient.
199 Section 2. Paragraph (c) of subsection (3) and subsection
200 (7) of section 509.032, Florida Statutes, are amended to read:
201 509.032 Duties.-
202 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
203 SERVICE EVENTS.-The division shall:
204 (c) Administer a public notification process for temporary
205 food service events and distribute educational materials that
206 address safe food storage, preparation, and service procedures.
207 1. Sponsors of temporary food service events shall notify
208 the division not less than 3 days before the scheduled event of
209 the type of food service proposed, the time and location of the
210 event, a complete list of food service vendors participating in
211 the event, the number of individual food service facilities each
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212 vendor will operate at the event, and the identification number
213 of each food service vendor's current license as a public food
214 service establishment or temporary food service event licensee.
215 Notification may be completed orally, by telephone, in person,
216 or in writing. A public food service establishment or food
217 service vendor may not use this notification process to
218 circumvent the license requirements of this chapter.
219 2. The division shall keep a record of all notifications
220 received for proposed temporary food service events and shall
221 provide appropriate educational materials to the event sponsors
222 and notify the event sponsors of the availability of the food-
223 recovery brochure developed under s. 595.420.
224 3.a. Unless excluded under s. 509.013 s. 509.013(5) (b), a
225 public food service establishment or other food service vendor
226 must obtain one of the following classes of license from the
227 division: an individual license, for a fee of no more than $105,
228 for each temporary food service event in which it participates;
229 or an annual license, for a fee of no more than $1,000, that
230 entitles the licensee to participate in an unlimited number of
231 food service events during the license period. The division
232 shall establish license fees, by rule, and may limit the number
233 of food service facilities a licensee may operate at a
234 particular temporary food service event under a single license.
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235 b. Public food service establishments holding current
236 licenses from the division may operate under the regulations of
237 such a license at temporary food service events.
238 (7) PREEMPTION AUTHORITY.-
239 (a) The regulation of public lodging establishments~
240 including vacation rentals, and public food service
241 establishments, including, but not limited to, sanitation
242 standards, licensing, inspections, training and testing of
243 personnel, and matters related to the nutritional content and
244 marketing of foods offered in such establishments, is expressly
245 preempted to the state. A local law, ordinance, or regulation
246 may not allow or require the local inspection or licensing of
247 public lodging establishments, including vacation rentals, or
248 public food service establishments. This paragraph does not
249 preempt the authority of a local government or local enforcement
250 district to conduct inspections of public lodging and public
251 food service establishments for compliance with the Florida
252 Building Code and the Florida Fire Prevention Code, pursuant to
253 ss. 553.80 and 633.206.
254 (b) A local law, ordinance, or regulation may regulate
255 activities that arise when a property is used as a vacation
256 rental if the law, ordinance, or regulation applies uniformly to
257 all residential properties without regard to whether the
258 property is used as a vacation rental as defined ins. 509.242,
259 the property is used as a long-term rental subject to chapter
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260 83, or the property owner chooses not to rent the property.
261 However, a local law, ordinance, or regulation may not prohibit
262 vacation rentals or regulate the duration or frequency of rental
263 of vacation rentals. The prohibitions set forth in this
264 paragraph do This paragraph does not apply to any local law,
265 ordinance, or regulation adopted on or before June 1, 2011~
266 including when such law, ordinance, or regulation is being
267 amended to be less restrictive with regard to a prohibition, or
268 duration, or frequency regulation.
269 (c) Paragraph (b) and the provisions of paragraph (a)
270 relating to the licensing of vacation rentals do ee-e-s- not apply
271 to any local law, ordinance, or regulation adopted on or before
272 June 1, 2011, in any jurisdiction within exclusively relating to
273 property valuation as a criterion for vacation rental if the
274 local law, ordinance, or regulation is required to be approved
275 by the state land planning agency pursuant to an area of
276 critical state concern, as designated bys. 380.0552 or chapter
277 28-36, Florida Administrative Code. Any such local law,
278 ordinance, or regulation may be amended so long as the amendment
279 is not more restrictive than the existing law, ordinance, or
280 regulation.
281 (d) The regulation of advertising platforms is preempted
282 to the state and shall be regulated under this chapter
283 designation.
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284 Section 3. Effective January 1, 2021, subsection (3) of
285 section 509.241, Florida Statutes, is amended to read:
286 509.241 Licenses required; exceptions.-
287 (3) DISPLAY OF LICENSE.-Any license issued by the division
288 must shall be conspicuously displayed to the public inside -i-fl
289 the office or lobby of the licensed establishment. Public food
290 service establishments that which offer catering services must
291 shall display their license number on all advertising for
292 catering services. The owner or operator of a vacation rental
293 offered for transient occupancy through an advertising platform
294 must also display the vacation rental license number and the
295 applicable Florida sales tax registration and tourist
296 development tax account numbers under which such taxes must be
297 paid for each rental of the property as a vacation rental.
298 Section 4. Effective January 1, 2021, section 509.243,
299 Florida Statutes, is created to read:
300 509.243 Advertising platforms.-
301 (1) (a) An advertising platform must require that a person
302 who places an advertisement for the rental of a vacation rental:
303 1. Include in the advertisement the vacation rental
304 license number and the applicable Florida sales tax registration
305 and tourist development tax account numbers under which such
306 taxes must be paid before the advertisement may be listed; and
307 2. Attest to the best of their knowledge that the license
308 number for the vacation rental property and the applicable tax
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309 numbers are current, valid, and accurately stated in the
310 advertisement.
311 (b) An advertising platform must display the vacation
312 rental license number and applicable Florida sales tax
313 registration and tourist development tax numbers. The
314 advertising platform must verify that the vacation rental
315 license number provided by the owner or operator is valid and
316 applies to the subject vacation rental before publishing the
317 advertisement on its platform and again at the end of each
318 calendar quarter that the advertisement remains on its platform.
319 (c) The division shall maintain vacation rental license
320 information in a readily accessible electronic format that is
321 sufficient to facilitate prompt compliance with the requirements
322 of this subsection by an advertising platform or a person
323 placing an advertisement on an advertising platform for
324 transient rental of a vacation rental.
325 (2) An advertising platform must provide to the division
326 on a quarterly basis, by file transfer protocol or electronic
327 data exchange file, a list of all vacation rentals located in
328 this state that are advertised on its platform, along with the
329 following information for each vacation rental:
330 (a} The uniform resource locator for the Internet address
331 of the vacation rental advertisement.
332 (b) Unless otherwise stated in the vacation rental
333 advertisement at the Internet address provided pursuant to
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334 paragraph (a), the physical address of the vacation rental,
335 including any unit designation, the vacation rental license
336 number provided by the owner or operator, and the applicable
337 Florida sales tax registration and tourist development tax
338 account numbers under which taxes will be remitted for the
339 rentals commenced through the advertisement.
340 (3) An advertising platform must remove from public view
341 an advertisement or listing from its online application,
342 software, website, or system within 15 business days after being
343 notified by the division in writing that the subject
344 advertisement or listing for the rental of a vacation rental
345 located in this state fails to display a valid license number
346 issued by the division.
347 ( 4) If a guest uses a payment system on or through an
348 advertising platform to pay for the rental of a vacation rental
349 located in this state, the advertising platform shall collect
350 and remit all taxes imposed under chapters 125 and 212 on the
351 total rental amount charged by the owner or operator for the use
352 of the vacation rental under ss. 125.0104 and 212.03.
353 (5) If the division has probable cause to believe that a
354 person not licensed by the division has violated this chapter,
355 or any rule adopted pursuant thereto, the division may issue and
356 deliver to such person a notice to cease and desist from the
357 violation. The issuance of a notice to cease and desist does not
358 constitute agency action for which a hearing under ss. 120.569
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359 and 120.57 may be sought. For the purpose of enforcing a cease
360 and desist notice, the division may file a proceeding in the
361 name of the state seeking the issuance of an injunction or a
362 writ of mandamus against any person who violates any provision
363 of the notice. If the department is required to seek enforcement
364 of the notice for a penalty pursuant to s. 120.569, it is
365 entitled to collect its attorney fees and costs, together with
366 any cost of collection.
367 (6) Advertising platforms must adopt an antidiscrimination
368 policy to help prevent discrimination among its users and must
369 inform all users of their services that it is illegal to refuse
370 accommodation to an individual based on race, creed, color, sex,
371 pregnancy, physical disability, or national origin pursuant to
372 s. 509.092.
373 Section 5. Subsection (2) of section 212.03, Florida
374 Statutes is amended to read:
375 212.03 Transient rentals tax; rate, procedure,
376 enforcement, exemptions.-
377 (2)1..§l The tax provided for herein shall be in addition to
378 the total amount of the rental, shall be charged by the lessor
379 or person receiving the rent in and by said rental arrangement
380 to the lessee or person paying the rental, and shall be due and
381 payable at the time of the receipt of such rental payment by the
382 lessor or person, as defined in this chapter, who receives said
383 rental or payment. The owner, lessor, or person receiving the
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384 rent shall remit the tax to the department at the times and in
385 the manner hereinafter provided for dealers to remit taxes under
386 this chapter. The same duties imposed by this chapter upon
387 dealers in tangible personal property respecting the collection
388 and remission of the tax; the making of returns; the keeping of
389 books, records, and accounts; and the compliance with the rules
390 and regulations of the department in the administration of this
391 chapter shall apply to and be binding upon all persons who
392 manage or operate hotels, apartment houses, roominghouses,
393 tourist and trailer camps, and the rental of condominium units,
394 and to all persons who collect or receive such rents on behalf
395 of such owner or lessor taxable under this chapter.
396 (b) If a guest uses a payment system on or through an
397 advertising platform, as defined ins. 509.013, to pay for the
398 rental of a vacation rental located in this state, the
399 advertising platform shall collect and remit all taxes imposed
400 under chapters 125 and 212 on the total rental amount charged by
401 the owner or operator for the use of the vacation rental under
402 s. 125.0104 and this section. In order to facilitate the
403 remittance of such taxes, the department and counties that have
404 elected to self-administer the taxes imposed under chapter 125
405 must allow advertising platforms to register, collect and remit
406 such taxes.
407 Section 6. Subsection (12) of section 159.27, Florida
408 Statutes, is amended to read:
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409 159.27 Definitions.-The following words and terms, unless
410 the context clearly indicates a different meaning, shall have
411 the following meanings:
412 ( 12) "Public lodging or restaurant facility" means
413 property used for any public lodging establishment as defined in
414 s. 509.242 or public food service establishment as defined ins.
415 509.013 s. 509.013(5) if it is part of the complex of, or
416 necessary to, another facility qualifying under this part.
417 Section 7. Paragraph (jj) of subsection (7) of section
418 212.08, Florida Statutes, is amended to read:
419 212.08 Sales, rental, use, consumption, distribution, and
420 storage tax; specified exemptions.-The sale at retail, the
421 rental, the use, the consumption, the distribution, and the
422 storage to be used or consumed in this state of the following
423 are hereby specifically exempt from the tax imposed by this
424 chapter.
425 (7) MISCELLANEOUS EXEMPTIONS.-Exemptions provided to any
426 entity by this chapter do not inure to any transaction that is
427 otherwise taxable under this chapter when payment is made by a
428 representative or employee of the entity by any means,
429 including, but not limited to, cash, check, or credit card, even
430 when that representative or employee is subsequently reimbursed
431 by the entity. In addition, exemptions provided to any entity by
432 this subsection do not inure to any transaction that is
433 otherwise taxable under this chapter unless the entity has
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434 obtained a sales tax exemption certificate from the department
435 or the entity obtains or provides other documentation as
436 required by the department. Eligible purchases or leases made
437 with such a certificate must be in strict compliance with this
438 subsection and departmental rules, and any person who makes an
439 exempt purchase with a certificate that is not in strict
440 compliance with this subsection and the rules is liable for and
441 shall pay the tax. The department may adopt rules to administer
442 this subsection.
443 (jj) Complimentary meals.-Also exempt from the tax imposed
444 by this chapter are food or drinks that are furnished as part of
445 a packaged room rate by any person offering for rent or lease
446 any transient living accommodations as described ins. 509.013
447 o. 509.013(4) (a) which are licensed under part I of chapter 509
448 and which are subject to the tax under s. 212.03, if a separate
449 charge or specific amount for the food or drinks is not shown.
450 Such food or drinks are considered to be sold at retail as part
451 of the total charge for the transient living accommodations.
452 Moreover, the person offering the accommodations is not
453 considered to be the consumer of items purchased in furnishing
454 such food or drinks and may purchase those items under
455 conditions of a sale for resale.
456 Section 8. Paragraph (b) of subsection (4) of section
457 316.1955, Florida Statutes, is amended to read:
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458 316.1955 Enforcement of parking requirements for persons
459 who have disabilities.-
460 ( 4)
461 (b) Notwithstanding paragraph (a), a theme park or an
4 62 entertainment complex as defined ins. 509.013 o. 509.013(9)
463 which provides parking in designated areas for persons who have
4 64 disabilities may allow any vehicle that is transporting a person
465 who has a disability to remain parked in a space reserved for
466 persons who have disabilities throughout the period the theme
4 67 park is open to the public for that day.
4 68 Section 9. Subsection (5) of section 404.056, Florida
469 Statutes, is amended to read:
470 404.056 Environmental radiation standards and projects;
471 certification of persons performing measurement or mitigation
472 services; mandatory testing; notification on real estate
473 documents; rules.-
474 (5) NOTIFICATION ON REAL ESTATE DOCUMENTS.-Notification
475 shall be provided on at least one document, form, or application
476 executed at the time of, or prior to, contract for sale and
477 purchase of any building or execution of a rental agreement for
478 any building. Such notification shall contain the following
47 9 language:
480 "RADON GAS: Radon is a naturally occurring radioactive gas
481 that, when it has accumulated in a building in sufficient
482 quantities, may present health risks to persons who are exposed
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483 to it over time. Levels of radon that exceed federal and state
484 guidelines have been found in buildings in Florida. Additional
485 information regarding radon and radon testing may be obtained
486 from your county health department."
487 The requirements of this subsection do not apply to any
488 residential transient occupancy, as described ins. 509.013 -s.--
489 509.013(12), provided that such occupancy is 45 days or less in
490 duration.
491 Section 10. Subsection (6) of section 477.0135, Florida
4 92 Statutes, is amended to read:
493 477.0135 Exemptions.-
494 (6) A license is not required of any individual providing
495 makeup or special effects services in a theme park or
496 entertainment complex to an actor, stunt person, musician,
4 97 extra, or other talent, or providing makeup or special effects
498 services to the general public. The term "theme park or
499 entertainment complex" has the same meaning as ins. 509.013 -s.--
500 509.013(9).
501 Section 11. Paragraph (b) of subsection (2) of section
502 509.221, Florida Statutes, is amended to read:
503 509.221 Sanitary regulations.-
504 (2)
505 (b) Within a theme park or entertainment complex as
506 defined ins. 509.013 s. 509.013(9), the bathrooms are not
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507 required to be in the same building as the public food service
508 establishment, so long as they are reasonably accessible.
509 Section 12. Paragraph (b) of subsection (5) of section
510 553.5041, Florida Statutes, is amended to read:
511 553.5041 Parking spaces for persons who have
512 disabilities.-
513 (5) Accessible perpendicular and diagonal accessible
514 parking spaces and loading zones must be designed and located to
515 conform toss. 502 and 503 of the standards.
516 (b) If there are multiple entrances or multiple retail
517 stores, the parking spaces must be dispersed to provide parking
518 at the nearest accessible entrance. If a theme park or an
519 entertainment complex as defined ins. 509.013 o. 509.013(9)
520 provides parking in several lots or areas from which access to
521 the theme park or entertainment complex is provided, a single
522 lot or area may be designated for parking by persons who have
523 disabilities, if the lot or area is located on the shortest
524 accessible route to an accessible entrance to the theme park or
525 entertainment complex or to transportation to such an accessible
526 entrance.
527 Section 13. Subsection (2) of section 705.17, Florida
528 Statutes, is amended to read:
529 705.17 Exceptions.-
530 (2) Sections 705.1015-705.106 do not apply to any personal
531 property lost or abandoned on premises located within a theme
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532 park or entertainment complex, as defined ins. 509.013 -s-;--
533 509.013(9), or operated as a zoo, a museum, or an aquarium, or
534 on the premises of a public food service establishment or a
535 public lodging establishment licensed under part I of chapter
536 509, if the owner or operator of such premises elects to comply
537 withs. 705.185.
538 Section 14. Section 705.185, Florida Statutes, is amended
539 to read:
540 705.185 Disposal of personal property lost or abandoned on
541 the premises of certain facilities.-When any lost or abandoned
542 personal property is found on premises located within a theme
543 park or entertainment complex, as defined ins. 509.013 -s-;--
544 509.013(9), or operated as a zoo, a museum, or an aquarium, or
545 on the premises of a public food service establishment or a
546 public lodging establishment licensed under part I of chapter
547 509, if the owner or operator of such premises elects to comply
548 with this section, any lost or abandoned property must be
549 delivered to such owner or operator, who must take charge of the
550 property and make a record of the date such property was found.
551 If the property is not claimed by its owner within 30 days after
552 it is found, or a longer period of time as may be deemed
553 appropriate by the owner or operator of the premises, the owner
554 or operator of the premises may not sell and must dispose of the
555 property or donate it to a charitable institution that is exempt
556 from federal income tax under s. 501(c) (3) of the Internal
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
557 Revenue Code for sale or other disposal as the charitable
558 institution deems appropriate. The rightful owner of the
559 property may reclaim the property from the owner or operator of
560 the premises at any time before the disposal or donation of the
561 property in accordance with this section and the established
562 policies and procedures of the owner or operator of the
563 premises. A charitable institution that accepts an electronic
564 device, as defined ins. 815.03(9), access to which is not
565 secured by a password or other personal identification
566 technology, shall make a reasonable effort to delete all
567 personal data from the electronic device before its sale or
568 disposal.
569 Section 15. Section 717.1355, Florida Statutes, is amended
570 to read:
571 717.1355 Theme park and entertainment complex tickets.-
572 This chapter does not apply to any tickets for admission to a
573 theme park or entertainment complex as defined ins. 509.013 -s-.
574 509.013(9), or to any tickets to a permanent exhibition or
575 recreational activity within such theme park or entertainment
576 complex.
577 Section 16. Subsection (8) of section 877.24, Florida
578 Statutes, is amended to read:
579 877.24 Nonapplication of s. 877.22.-Section 877.22 does
580 not apply to a minor who is:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
581 (8) Attending an organized event held at and sponsored by
582 a theme park or entertainment complex as defined ins. 509.013
583 3. 509.013(9).
584 Section 17. The application of this act shall not
585 supersede any current or future declaration or declaration of
586 condominium adopted pursuant to chapter 718, Florida Statutes,
587 cooperative document adopted pursuant to chapter 719, Florida
588 Statutes, or declaration or declaration of covenant adopted
589 pursuant to chapter 720, Florida Statutes.
590 Section 18. (1) The Department of Revenue is authorized,
591 and all conditions are deemed to be met, to adopt emergency
592 rules pursuant to s. 120.54(4), Florida Statutes, for the
593 purpose of implementing s. 212.03, Florida Statutes, including
594 establishing procedures to facilitate the remittance of taxes.
595 (2) Notwithstanding any other provision of law, emergency
596 rules adopted pursuant to subsection (1) are effective for 6
597 months after adoption and may be renewed during the pendency of
598 procedures to adopt permanent rules addressing the subject of
599 the emergency rules.
600 (3) This section expires January 1, 2023.
601 Section 19. Paragraphs (n) and (o) of subsection (2) and
602 paragraph (e) of subsection (6) of section 775.21, Florida
603 Statutes, are amended to read:
604 775.21 The Florida Sexual Predators Act.-
605 (2) DEFINITIONS.-As used in this section, the term:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
606 (n) "Temporary residence" means a place where the person
607 abides, lodges, or resides, including, but not limited to,
608 vacation, business, or personal travel destinations in or out of
609 this state, for a period of 3 or more days in the aggregate
610 during any calendar year and which is not the person's permanent
611 address or, for a person whose permanent residence is not in
612 this state, a place where the person is employed, practices a
613 vocation, or is enrolled as a student for any period of time in
614 this state. Temporary residence also includes a place where a
615 person lodges in a vacation rental, as defined ins. 509.242,
616 for 24 hours or more.
617 ( o) "Transient residence" means a county where a person
618 lives, remains, or is located for a period of 3 or more days in
619 the aggregate during a calendar year and which is not the
620 person's permanent or temporary address. The term includes, but
621 is not limited to, a place where the person sleeps or seeks
622 shelter and a location that has no specific street address.
623 Transient residence also includes a county where a person lodges
624 in a vacation rental, as defined ins. 509.242, for 24 hours or
625 more.
626 (6) REGISTRATION.-
627 (e)l. If the sexual predator is not in the custody or
628 control of, or under the supervision of, the Department of
629 Corrections or is not in the custody of a private correctional
630 facility, the sexual predator shall register in person:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
631 a. At the sheriff's office in the county where he or she
632 establishes or maintains a residence within 24 hours after
633 establishing or maintaining a temporary residence or transient
634 residence in a vacation rental or 48 hours after establishing or
635 maintaining any other a residence in this state; and
636 b. At the sheriff's office in the county where he or she
637 was designated a sexual predator by the court within 48 hours
638 after such finding is made.
639 2. Any change that occurs after the sexual predator
640 registers in person at the sheriff's office as provided in
641 subparagraph 1. in any of the following information related to
642 the sexual predator must be reported as provided in paragraphs
643 (g), (i), and (j): permanent, temporary, or transient residence;
644 name; vehicles owned; electronic mail addresses; Internet
645 identifiers and each Internet identifier's corresponding website
646 homepage or application software name; home and cellular
647 telephone numbers; employment information; and change in status
648 at an institution of higher education. When a sexual predator
649 registers with the sheriff's office, the sheriff shall take a
650 photograph, a set of fingerprints, and palm prints of the
651 predator and forward the photographs, palm prints, and
652 fingerprints to the department, along with the information that
653 the predator is required to provide pursuant to this section.
654 Section 20. Except as otherwise expressly provided in this
655 act, this act shall take effect upon becoming a law.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
656
657
658 T I T L E A ME N D ME N T
659 Remove everything before the enacting clause and insert:
660 A bill to be entitled
661 An act relating to vacation rentals; amending s.
662 509.013, F.S.; defining the term "advertising
663 platform"; amending s. 509.032, F.S.; conforming a
664 cross-reference; preempting the regulation of vacation
665 rentals and advertising platforms to the state;
666 prohibiting a local law, ordinance, or regulation from
667 allowing or requiring inspections or licensing of
668 public lodging establishments, including vacation
669 rentals, or public food service establishments;
670 authorizing a local law, ordinance, or regulation to
671 regulate certain activities under certain
672 circumstances; expanding an exemption to allow certain
673 ordinances adopted on or before June 1, 2011, to be
674 amended to be less restrictive; preempting the
675 regulation of advertising platforms to the state;
676 amending s. 509.241, F.S.; requiring licenses issued
677 by the Division of Hotels and Restaurants of the
678 Department of Business and Professional Regulation to
679 be displayed conspicuously to the public inside the
680 licensed establishment; requiring the operator of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
681 certain vacation rentals to also display its vacation
682 rental license number and applicable tax account
683 numbers; creating s. 509.243, F.S.; requiring
684 advertising platforms to require that persons placing
685 advertisements for vacation rentals include certain
686 information in the advertisements; providing that
687 advertising platforms are required to verify such
688 information; requiring advertising platforms to
689 quarterly provide the division with certain
690 information regarding vacation rentals in this state
691 listed on the platforms; requiring advertising
692 platforms to remove an advertisement or listing under
693 certain conditions and within a specified timeframe;
694 requiring advertising platforms to collect and remit
695 taxes imposed under chs. 125 and 212, F.S., for
696 certain transactions; authorizing the Department of
697 Revenue to adopt rules; authorizing the division to
698 issue and deliver a notice to cease and desist for
699 certain violations; providing that such notice does
700 not constitute agency action for which a certain
701 hearing may be sought; authorizing the division to
702 file certain proceedings; authorizing the collection
703 of attorney fees and costs under certain
704 circumstances; requiring advertising platforms to
705 adopt an antidiscrimination policy and to inform users
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1011 (2020)
Amendment No. 1
706 of its services; amending s. 212.03, F.S.; requiring
707 advertising platforms to collect and remit taxes
708 imposed under chs. 125 and 212, F.S., for certain
709 transactions; amending ss. 159.27, 212.08, 316.1955,
710 404.056, 477.0135, 509.221, 553.5041, 705.17, 705.185,
711 717.1355, and 877.24, F.S.; conforming provisions to
712 changes made by the act; authorizing the department to
713 adopt emergency rules; providing requirements and an
714 expiration for such rules; amending s. 775.21, F.S.;
715 requiring sexual predators to register with the local
716 sheriff's office under certain circumstances;
717 providing effective dates.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 1095 Underground Facility Damage Prevention and Safety
SPONSOR(S): Energy & Utilities Subcommittee; Fitzenhagen
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1464
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy & Utilities Subcommittee 14 Y, 0 N, As CS Keating Keating
2) Government Operations & Technology 11 Y, 0 N Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Keating
SUMMARY ANALYSIS
Chapter 556, F.S., is the "Underground Facility Damage Prevention and Safety Act" (Act). The stated purpose
of the Act is to identify and locate underground facilities prior to an excavation or demolition to prevent injury to
persons or property or interruption of services resulting from damage to those facilities. To accomplish this,
the Act creates a not-for-profit corporation (Sunshine 811) to administer a free-access notification system.
The bill amends ch. 556, F.S., to:
• Expand the list of entities that may issue citations for violations of ch. 556, F.S., to include the State
Fire Marshal and local fire chiefs.
• Increase the maximum civil penalty (up to $2,500 plus 5 percent, in addition to any other court costs)
for certain violations of ch. 556, F.S., that involve an underground pipe or facility transporting hazardous
materials regulated by the U.S. DOT Pipeline and Hazardous Material Safety Administration (PHMSA).
One hundred percent of the civil penalty will be distributed to the entity that issued the citation.
• Require each clerk of court to submit an annual report to the State Fire Marshal listing each violation
notice written under ch. 556, F.S., which was filed in that county during the preceding calendar year.
• Require Sunshine 811 to transmit reports of incidents that involve high-priority subsurface installations
(HPSI) for investigation by one of the following authorities, who may issue a citation and impose a civil
penalty for a violation of ch. 556, F.S., that was a proximate cause of the incident: the State Fire
Marshal, the fire chief of the county in which the incident occurred, a local or state law enforcement
officer, a government code inspector, or a code enforcement officer. Ninety-five percent of the civil
penalty will be distributed to the investigating authority that issued the citation, with the remaining 5
percent retained by the clerk of court for administrative costs.
• Create an "underground facility damage prevention review panel" (review panel) under the State Fire
Marshal for the purpose of reviewing complaints of alleged violations of ch. 556, F.S., and identifying
issues or potential issues related to damage prevention and enforcement.
The bill may have an indeterminate positive fiscal impact on state and local government revenues. The bill will
require the State Fire Marshall to provide resources to support the review panel, and it may require the
expenditure of resources by a state or local government entity to whom an HPSI incident is referred for
investigation. These expenditures may be offset in whole or in part by the portion of any civil penalties
collected and distributed to these entities through their enforcement of ch. 556, F.S.
The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Florida Underground Facility Damage Prevention and Safety Act
Chapter 556, F.S., is the "Underground Facility Damage Prevention and Safety Act" (Act). The goal of
the Act is to identify and locate underground facilities 1 prior to an excavation or demolition to prevent
injury to persons or property or interruption of services resulting from damage to those facilities. 2 To
accomplish this, the Act creates a not-for-profit corporation to administer a free-access notification
system whereby a person intending to conduct excavation or demolition activities can give prior notice
to the system of the person's intended activities, allowing operators of underground facilities the
opportunity to identify and locate their nearby facilities. 3 All operators of underground facilities in the
state are required to be members of the corporation ("member operators") and are required to use and
participate in the system. 4
The not-for-profit corporation created under the Act is Sunshine State One-Call of Florida, Inc., which
operates under the name "Sunshine 811" and exercises its powers through a board of directors. 5 The
system is required to provide a single toll-free telephone number (811) within Florida which excavators
can use to notify member operators of planned excavation or demolition activities. 6 The person
intending to conduct excavation or demolition must notify the system not less than two full business
days before beginning the operations. 7 The person must also provide specified identification, location,
and operational information which remain valid for 30 calendar days. 8 Upon receipt of this notice, the
system provides to the person a list of names of the member operators who will be advised of the
notification. 9
The system operator in turn notifies the potentially affected member operators of the planned
excavation or demolition activities. 10 Within two full business days after the time the notification is
received by the system (or 10 days if the proposed excavation is in proximity to facilities beneath state
waters), potentially affected member operators must determine the location of their underground
facilities in relation to the proposed excavation or demolition. If this cannot be done in this time period,
1
s. 556.102(13), F.S., defines "underground facility" as "any public or private personal property which is buried, placed below
ground, or submerged on any member operator's right-of-way, easement, or permitted use which is being used or will be used in
connection with the storage or conveyance of water; sewage; electronic, telephonic, or telegraphic communication; electric energy;
oil; petroleum products; natural gas; optical signals; or other substances, and includes, but is not limited to, pipelines, pipes, sewers,
conduits, cables, valves, and lines. For purposes of this act, a liquefied petroleum gas line regulated under chapter 527 is not an
underground facility unless such line is subject to the requirements of Title 49 C.F.R. adopted by the Department of Agriculture and
Consumer Services, provided there is no encroachment on any member operator's right-of-way, easement, or permitted use.
Petroleum storage systems subject to regulation pursuant to chapter 376 are not considered underground facilities for the purposes of
this act unless the storage system is located on a member operator's right-of-way or easement. Storm drainage systems are not
considered underground facilities."
2
S. 556.101(3), F.S.
3
S. 556.101(2), F.S.
4
S. 556.103(1), F.S.
5
S. 556.103, F.S.
6
S. 556.104, F.S.
7
S. 556.105(l)(a), F.S. The law provides an exception to this requirement for excavation beneath state waters, but does not specify a
time frame for notifying the system of such an excavation.
8
S. 556.105(l)(c), F.S.
9
S. 556.105(3), F.S.
10
S. 556.105(5), F.S. The statute also provides that member operators with state-owned underground facilities located within the right-
of-way of a state highway need not be notified of excavation or demolition activities and are under no obligation to mark or locate
facilities.
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the member operator must contact the person giving notice and negotiate a new schedule and time that
is agreeable and does not unreasonably delay the excavator. If a member operator determines that a
proposed excavation or demolition is in proximity to or conflicts with an underground facility, the
member operator must identify the horizontal route of the facility in a specified manner. 11
An excavator is required to delay excavations until the first of the following events occurs: (1) each
member operator's underground facilities have been marked and located; (2) the excavator has been
notified that no member operator has underground facilities in the area described in the notice; or (3)
expiration of the time allowed for markings. If a member operator has not located and marked its
underground facilities within the time allowed for marking, the excavator may proceed with the
excavation, provided that the excavator does so with reasonable care and that detection equipment or
other acceptable means to locate underground facilities are used. An excavator may not conduct
demolition in an area until all member operators' underground facilities have been marked and located
or removed. 12
Violations of certain provisions are noncriminal infractions enforceable by citations which may be
issued by any local or state law enforcement officer, government code inspector, or code enforcement
officer. The law establishes a civil penalty of $500, plus court costs, for such infractions. 13 Eighty
percent of the civil penalty collected by the clerk of the court will be distributed to the government entity
whose employee issued the citation, with 20 percent of the penalty retained by the clerk of the court to
cover administrative costs. 14 The fine and forfeiture fund is established by the clerk of the circuit court
in each county of this state and functions as a separate fund for use by the clerk of the circuit court in
performing court-related functions.
In 2010, the Legislature established a special process to address damages to any facility identified as a
"high-priority subsurface installation." 15 These facilities are defined as "an underground gas
transmission or gas distribution pipeline, an underground pipeline used to transport gasoline, jet fuel, or
any other refined petroleum product or hazardous or highly volatile liquid" that the pipeline's operator
has identified as critical. 16 If an alleged violation of a required procedure involves damage to a high-
priority subsurface installation and the damage results in death or serious bodily injury or results in
property damage, including service-restoration costs, of more than $50,000 or interruption of service to
at least 2,500 customers, the incident must be reported to Sunshine 811 by the excavator or member
operator within 24 hours.17 Sunshine 811 must then transmit an incident report to the Division of
Administrative Hearings (DOAH) for a hearing to determine whether a violation of required procedure
was a proximate cause of the incident. If DOAH finds that a violation was a proximate cause of the
incident, it may impose a fine not to exceed $50,000 (or $10,000 if a state agency or political
subdivision caused the incident). 18 Funds collected from a fine issued by DOAH are paid to Sunshine
811 to cover its costs to engage DOAH's services, and any remaining funds may be used only for
damage-prevention education. 19
In 2017, the Legislature established additional reporting requirements. First, an excavator must
immediately call 911 to report any contact with or damage to an underground facility that results in the
escape of natural gas or other hazardous substance or material regulated by the U.S. Department of
Transportation (DOT) Pipeline and Hazardous Material Safety Administration (PHMSA). Second, if an
11
S. 556.105(5), F.S.
12
S. 556.105(6), F.S.
13
S. 556.107(1 ), F.S.
14
S. 556.107(l)(c), F.S.
15
Ch. 2010-100, L.O.F., s. 10.
16
S. 556.116, F.S.
11 Id.
1s Id.
19 Id.
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event damages any pipe, cable, or other underground facility, the member operator must file a report
with Sunshine 811. 20
By March 31 of each year, each clerk of court must submit a report to Sunshine 811 listing each
violation notice written under s. 556.107(1)(a), F.S., which was filed in that county during the preceding
calendar year. 21 The report must state the name and address of the member or excavator who
committed each infraction and indicate whether or not the civil penalty for the infraction was paid. 22
The Sunshine 811 board must submit an annual progress report to the President of the Senate, the
Speaker of the House of Representative, and the Governor, no later than 60 days before the convening
of each regular session of the Legislature. 23 This report must include a summary of the reports
provided by the clerks of court, a summary of damage data reported to the system for the prior year,
and any analysis of this data by the board. 24
In its most recent Annual Report, Sunshine 811 indicates that 16,576 damage incidents were reported
in 2018, while 13 citations were issued by entities authorized to enforce the Act. 25 These citations
resulted in $6,602.50 of fines being levied. Further, the Annual Report identifies one case referred to
DOAH involving damage to a natural gas distribution main. In that case, DOAH found that the
excavator's failure to notify Sunshine 811 prior to excavation was the proximate cause of the incident
and imposed a $5,000 fine. 26
U.S. DOT Pipeline and Hazardous Material Safety Administration - Pipeline Damage Prevention
Programs
The U.S. DOT has back-stop authority to conduct administrative civil enforcement proceedings against
excavators who damage hazardous liquid and natural gas pipelines in a state that has failed to
adequately enforce its excavation damage prevention or one-call laws. 27
On July 13, 2015, PHMSA announced the issuance of a final rule to establish the process for
evaluating state excavation damage prevention law enforcement programs and enforcing minimum
Federal damage prevention standards in states where damage prevention law enforcement is deemed
inadequate or does not exist. 28
Under its rule, PHMSA uses the following criteria in evaluating the effectiveness of a state damage
prevention program 29 :
• Does the state have the authority to enforce its state excavation damage prevention law using
civil penalties and other appropriate sanctions for violations?
• Has the state designated a state agency or other body as the authority responsible for
enforcement of the state excavation damage prevention law?
• Is the state assessing civil penalties and other appropriate sanctions for violations at levels
sufficient to deter noncompliance and is the state making publicly available information that
demonstrates the effectiveness of the state's enforcement program?
2
°Ch. 2017-102, L.O.F.
21
S. 556.107(2), F.S.
22 Id.
23
S. 556.103(5), F.S.
24 Id.
25
Sunshine 811, 2018-19 Annual Report, available at
https://static 1.sguarespace.com/static/533db0bde4b0d9t7ba7fl ee7 /t/5dd0cd 17b2a3459bd9a81d6/1573850332734/2018-
19 annualrpt.pdf (last visited Feb. 18, 2020).
26 Jd
27
49 U.S.C. § 60114.
28
U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 80 Fed. Reg. 43,868 (July 23, 2015)
(codified at49 C.F.R. Pts. 196 and 198).
29 fd.
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• Does the enforcement authority (if one exists) have a reliable mechanism (e.g., mandatory
reporting, complaint driven reporting) for learning about excavation damage to underground
facilities?
• Does the state employ excavation damage investigation practices that are adequate to
determine the responsible party or parties when excavation damage to underground facilities
occurs?
• At a minimum, do the state's excavation damage prevention requirements include the following:
o Excavators may not engage in excavation activity without first using an available one-
call notification system to establish the location of underground facilities in the
excavation area.
o Excavators may not engage in excavation activity in disregard of the marked location of
a pipeline facility as established by a pipeline operator.
o An excavator who causes damage to a pipeline facility:
• Must report the damage to the operator of the facility at the earliest practical
moment following discovery of the damage; and
• If the damage results in the escape of any PHMSA regulated natural and other
gas or hazardous liquid, must promptly report to other appropriate authorities by
calling the 911 emergency telephone number or another emergency telephone
number.
• Does the state limit exemptions for excavators from its excavation damage prevention law?
o A state must provide to PHMSA a written justification for any exemptions for excavators
from state damage prevention requirements.
o PHMSA will make the written justifications available to the public.
PHMSA will enforce federal requirements and may take immediate enforcement against excavators in
states where a state pipeline excavation damage prevention law enforcement program is not
determined to be adequate by the criteria and procedures used by PHMSA. 30 States that fail to
establish an adequate enforcement program within five years of the date of a finding of inadequacy
may be subject to up to a 4 percent reduction in base state pipeline safety grant funding. 31 PHMSA has
found Florida's enforcement program to be inadequate each year since 2016, with its most recent
finding submitted in June 2019. 32
State Fire Marshal
Florida's Chief Financial Officer is designated by law as the State Fire Marshal. 33 The State Fire
Marshal is responsible for minimizing the loss of life and property in the state due to fire. 34 It is also
charged with enforcing laws related to: the prevention of fire and explosion through the regulation of
conditions which could lead to fire and explosion; installation and maintenance of fire alarm systems
and fire protection systems; the maintenance of fire cause and loss records; and suppression of arson
and the investigation of the cause, origin, and circumstances of fire. 35
The State Fire Marshal operates as a division of the Department of Financial Services. It operates
through an Office of the Director and two bureaus: the Bureau of Fire Prevention and the Bureau of
Firefighter Standards and Training. 36 The Bureau of Firefighter Standards and Training approves
firefighter training curricula, offers fire service training at the Florida State Fire College, and certifies fire
service members that meet standards. The Bureau of Fire Prevention conducts fire/life safety
30 Id.
31 Id.
32
U.S Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Notice of Inadequacy Letter for 2018,
(Jun. 28, 2019) https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/safety-awareness/pipeline/5564 l /fl-signed-notice-
inadequacy-letter-20l8-php-19-0112-signed.pdf (last visited Feb. 18. 2020).
33
S. 633.104(1), F.S.
34
S. 633. I 04(2), F .S.
35 Jd
36
ChiefFinancial Officer, Division a/State Fire Marshal, https://www.myfloridacfo.com/Division/SFM/ (last visited Feb. 18, 2020).
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inspections and reviews construction plans for all state-owned buildings, regulates the fireworks and
fire sprinkler industries, inspects and licenses boilers, and certifies fire suppression industry workers. It
has six field offices and 3 satellite offices around the state. 37
Florida law provides investigatory authority for the State Fire Marshal. 38 Upon request, the State Fire
Marshall must investigate the cause, origin, and circumstances of fires and explosions where property
has been damaged or destroyed and there is probable cause to believe that the fire or explosion was
the result of carelessness or design. If the fire or explosion occurs in a municipality, county, or special
district with an organized fire department, the local fire official must provide for an initial investigation
before requesting an investigation by the State Fire Marshal. In an investigation, the State Fire Marshal
may require testimony under oath from persons believed to be aware of any facts related to matters
under investigation. If the State Fire Marshal believes that there is sufficient evidence to charge a
person with an offense, he or she must cause the person to be arrested and must provide the
appropriate prosecuting office with all pertinent information collected. The State Fire Marshal may
compel the testimony of witnesses and the production of pertinent documents and may seize personal
property to be held for evidence. The State Fire Marshal may designate an agent for the purpose of
conducting an investigation, and the agent may hold hearings, sign and issue subpoenas, administer
oaths, examine witnesses, receive evidence, and require the attendance and testimony of witnesses
and the production of documents or other evidence material to the investigation. The State Fire
Marshal must keep a record of all fires and explosions investigated under its authority.
Effect of Proposed Changes
Expanded Enforcement Authority
The bill expands the list of entities that may issue citations for certain violations of ch. 556, F.S. The bill
authorizes the State Fire Marshal and the fire chief of the special district, municipality, or county to
issue such citations.
Enhanced Civil Penalties for Certain Violations
The bill provides for civil penalties of up to $2,500 (plus 5 percent, in addition to any other court costs)
for certain violations of ch. 556, F.S., that involve an underground pipe or other underground facility
transporting hazardous materials regulated by PHMSA. Specifically, the following violations are subject
to this enhanced civil penalty:
• Failure by an excavator to comply withs. 556.105(1), F.S., which requires an excavator to
provide notice and certain information to the Sunshine 811 system within specified timeframes
prior to beginning excavation of demolition work.
• Failure by an excavator to comply withs. 556.105(5)(c), F.S., which requires an excavator to
use increased caution when working within a tolerance zone, 39 such as hand digging, pot
holing, soft digging, vacuum methods, or other similar procedures.
• Failure by an excavator to comply withs. 556.105(6), F.S., which requires an excavator to
avoid excavation in an area until whichever of the following occurs first: each member
operator's underground facilities have been located and marked; the exacter has been notified
that no member operator has underground facilities in the area; or the time allowed for
markings has expired.
• Failure by an excavator to comply with s. 556.106(11 ), F.S., which requires an excavator to
stop excavation and demolition activities in the vicinity of an underground facility and notify the
Sunshine 811 system if the marking for the facility is removed or no longer visible.
37 Id
38
S. 366.112, F.S.
39
"Tolerance zone" means "24 inches from the outer edge of either side of the exterior surface ofa marked underground facility." S.
556.102(12), F.S.
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• Failure by an excavator to comply withs. 556.105(12), F.S., which requires an excavator to
immediately notify the appropriate member operator if the excavator causes contact with or
damage to a pipe and to immediately call 911 to report contact or damage that causes the
escape of any natural gas or other hazardous substance or material regulated by PHMSA.
If the clerk of court collects a civil penalty for one of these violations, the bill provides that 100 percent
of the civil penalty will be distributed to the entity that issued the citation. The additional five percent,
plus any additional court costs, is retained by the clerk to cover administrative costs. The bill provides
that a person who fails to properly respond to a citation issued for one of these violations will be
charged with the offense of failing to respond to the citation and, if convicted, commits a misdemeanor
of the second degree. The bill provides that a written warning to this effect must be provided at the
time the citation is issued.
Reporting Requirements
The bill provides that, by March 31 of each year, each clerk of court must submit a report to the State
Fire Marshal listing each violation notice written under s. 556.107(1)(a), F.S., which has been filed in
that county during the preceding calendar year. The report must state the name and address of the
member or excavator who committed each infraction and indicate whether or not the civil penalty for the
infraction was paid. This is the same information currently reported by the clerks of court to Sunshine
811.
Incidents involving High-Priority Subsurface Installations
For incidents reported to Sunshine 811 that involve high-priority subsurface installations, Sunshine 811
must transmit the incident report to one of the following enforcement authorities: the State Fire Marshal,
the fire chief of the special district, municipality, or county, a local or state law enforcement officer, a
government code inspector, or a code enforcement officer. The authority to whom the incident report is
transmitted must conduct an investigation to determine whether an incident has occurred and, if so,
whether a violation of s. 556.107(1)(a), F.S., was a proximate cause of the incident. The investigating
authority may issue a citation and impose a civil penalty if it finds that a violation occurred and was a
proximate cause of the incident. Upon collection of the civil penalty, the clerk of court must distribute
95 percent of the penalty to the investigating authority that issued the citation. The remaining five
percent is retained by the clerk to cover administrative costs.
These provisions replace the requirement in current law that DOAH conduct investigations of incidents
involving high-priority subsurface installations. The bill removes all provisions of current law that
establish the procedural requirements for DOAH review of such incidents.
Underground Facility Damage Prevention Review Panel
The bill creates "underground facility damage prevention review panel" (review panel) under the State
Fire Marshal. The review panel is responsible for reviewing complaints of alleged violations of ch. 556,
F.S., and identifying issues or potential issues related to damage prevention and enforcement. The
review panel must identify areas where additional education is needed and recommend solutions to
issues it has identified. The review panel also must review current practices for locating underground
pipes or other underground facilities that transport materials regulated by PHMSA and determine
whether statutory changes are needed to make these pipes or facilities more resilient and safer for
communities. The bill requires the review panel to operate consistent withs. 20.052, F.S., which
governs advisory bodies created by statute as adjuncts to an executive agency.
The review panel must consist of nine members appointed by the State Fire Marshal and must include
a seat for each of the following:
• One member representing the electric utility industry;
• One member representing the telecommunications industry;
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• One member licensed as an underground utility and excavation contractor under ch. 489, F.S.,
and engaged in work within road or highway rights-of-way;
• One member representing the natural gas industry;
• One member representing the utility locator industry;
• One member representing county or municipal water and sewer service providers;
• One member representing excavators performing work unrelated to construction in road or
highways rights-of-way, including landscaping, fencing, or plumbing contractors;
• One member licensed as an underground utility and excavation contractor under ch. 489, F.S.,
and engaged in work for public utilities; and
• One member representing the public at large.
The bill provides for staggered two-year terms for each seat on the review panel and requires the
review panel to elect a chair and vice chair from its membership. The review panel must meet quarterly
in conjunction with the meeting of the Sunshine 811 board or at the call of the chair. The bill requires
the board to establish a process for receiving applications for appointment to the review panel.
The bill requires the State Fire Marshal to provide staff support and meeting space for the review panel.
The bill provides that members of the review panel will serve without compensation and are not entitled
to reimbursement of per diem or travel expenses.
The bill provides an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1. Amends s. 556.107, F.S., relating to violations.
Section 2. Amends s. 556.116, F.S., relating to high-priority subsurface installations.
Section 3. Creates s. 556.117, F.S., establishing an underground facility damage prevention review
panel.
Section 4. Provides an effective date of July 1, 2020.
11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may have an indeterminate positive fiscal impact on state revenues.
The bill authorizes the State Fire Marshal to issue citations for certain violations specified in ch,
556, F.S. Further, the bill increases the maximum fine that may be imposed as a civil penalty for
violations related to an underground pipe or other underground facility transporting hazardous
materials regulated by PHMSA. Because the State Fire Marshal and other state law enforcement
entities that issue such citations will receive between 80 and 100 percent of the resulting civil
penalties collected by the clerk of court, the bill may encourage greater enforcement efforts by
these entities, leading to additional state revenues. The significance of the increase in state
revenues will depend on compliance with ch. 556, F.S., and the enforcement efforts of the State
Fire Marshal and state law enforcement officers.
2. Expenditures:
The bill may require the expenditure of resources by the State Fire Marshal or another state law
enforcement authority to whom an alleged HPSI incident is referred for investigation. The bill also
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requires the State Fire Marshal to provide staff support and meeting space for the underground
facility damage prevention review panel created by the bill. Expenditures to perform these functions
may be offset in whole or in part by the portion of any civil penalties collected and distributed to
these entities through their enforcement of ch, 556, F.S.
8. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may have an indeterminate positive impact on local government revenues.
The bill authorizes fire chiefs to issue citations for certain violations specified in ch, 556, F.S.
Further, the bill increases the maximum fine that may be imposed as a civil penalty for violations
related to an underground pipe or other underground facility transporting hazardous materials
regulated by PHMSA. Because fire chiefs that issue such citations will receive between 80 and 100
percent of the resulting civil penalties collected by the clerk of court, the bill may encourage greater
enforcement efforts by fire chiefs, leading to additional revenues. The significance of the increase
in revenues will depend on compliance with ch. 556, F.S., and the enforcement efforts of fire chiefs.
2. Expenditures:
The bill may require the expenditure of resources by a fire chief, local law enforcement authority, or
local code inspection or enforcement authority to whom an alleged HPSI incident is referred for
investigation. These expenditures may be offset in whole or in part by the portion of any civil
penalties collected and distributed to these entities through their enforcement of ch, 556, F.S.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may encourage increased enforcement of ch, 556, F.S. Increased enforcement will result in
additional fines imposed on persons who violate certain provisions of ch. 556, F.S. As a result,
increased enforcement may deter behaviors that cause damages to property, utility service outages,
and serious bodily injury.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to: require counties or municipalities to spend funds or take
an action requiring the expenditure of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of a state tax shared with counties or
municipalities.
2. Other:
None.
8. RULE-MAKING AUTHORITY:
None.
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C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill lists multiple enforcement authorities to whom Sunshine 811 may send an HPSI incident report
for investigation, but it does not specify how Sunshine 811 may choose from among these enforcement
authorities.
IV. AMENDMENTS / COMMITTEE SUBSTITUTE CHANGES
On January 21, 2020, the Energy & Utilities Subcommittee adopted one amendment to the bill and
reported the bill favorably as a committee substitute. The amendment:
• Clarifies that the fire chief of a special district, municipality, or county may enforce certain provisions
of ch. 556, F.S.
• Removes the bill's requirement that an annual report of infractions be sent by each clerk of court to
the Public Service Commission.
• Requires the State Fire Marshal to appoint the members of the underground facility damage
prevention review panel created by the bill, and provides that members of the review panel will
serve without compensation or reimbursement of expenses.
• Removes a provision of the bill that required member operators to share equally in the costs of
operating the review panel to the extent that those costs exceed the civil penalties recovered
through citations issued by the State Fire Marshal.
This analysis addresses the committee substitute as approved by the Energy & Utilities Subcommittee.
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 1095 2020
1 A bill to be entitled
2 An act relating to underground facility damage
3 prevention and safety; amending s. 556.107, F.S.;
4 providing noncriminal violations relating to the
5 transportation of certain hazardous materials;
6 authorizing the State Fire Marshal or local fire chief
7 to issue certain citations; providing enhanced civil
8 penalties; providing disposition of the civil penalty;
9 requiring a report by additional entities; amending s.
10 556.116, F.S.; providing that certain incident reports
11 must be submitted to, and investigated by, the State
12 Fire Marshal, local fire chief, local or state law
13 enforcement officer, government code inspector, or
14 code enforcement officer; authorizing the State Fire
15 Marshal, local fire chief, or any local or state law
16 enforcement officer, government code inspector, or
17 code enforcement officer to issue citations and civil
18 penalties; providing for disposition of the civil
19 penalty; removing provisions relating to hearings by
20 the Division of Administrative Hearings of certain
21 incidents; creating s. 556.117, F.S.; creating an
22 underground facility damage prevention review panel;
23 providing duties and membership of the review panel;
24 specifying the term limits of the review panel;
25 requiring the State Fire Marshal to provide support to
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26 the review panel; providing that members of the panel
27 serve without reimbursement or compensation; providing
28 an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Section 556.107, Florida Statutes, is amended
33 to read:
34 556.107 Violations.-
35 (1) NONCRIMINAL INFRACTIONS.-
36 (a).!.:_ Violations of the following provisions are
37 noncriminal infractions:
38 a.±-.- Section 556.105(1), relating to providing required
39 information.
40 b.-2--.- Section 556.105(6), relating to the avoidance of
41 excavation.
42 c.-3-. Section 556.105(11), relating to the need to stop
43 excavation or demolition because marks are no longer visible,
44 or, in the case of underwat--er facilities, are inadequately
45 documented.
46 d.4-. Section 556.105(12), relating to the need to cease
47 excavation or demolition activities because of contact or damage
48 to an underground facility.
49 e . .§-;- Section 556.105 (5) (a) and (b), relating to
50 identification of underground facilities, if a member operator
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51 does not mark an underground facility, but not if a member
52 operator marks an underground facility incorrectly.
53 f.-6-:- Section 556.109(2), relating to falsely notifying the
54 system of an emergency situation or condition.
55 9...:....::+-.- Section 556.114(1), (2), (3), and (4), relating to a
56 failure to follow low-impact marking practices, as defined
57 therein.
58 2. Violations of the following provisions when related to
59 an underground pipe or other underground facility transporting
60 hazardous materials that are regulated by the Pipeline and
61 Hazardous Materials Safety Administration of the United States
62 Department of Transportation are noncriminal infractions,
63 subject to enhanced civil penalties under paragraph (c):
64 a. Section 556.105(1), relating to providing required
65 information.
66 b. Section 556.105(5) (c), relating to excavation practices
67 in tolerance zones.
68 c. Section 556.105(6), relating to the avoidance of
69 certain excavation.
70 d. Section 556.105(11), relating to the need to stop
71 excavation or demolition because certain marks are no longer
72 visible or are inadequately documented.
73 e. Section 556.105(12), relating to the need to cease
74 excavation or demolition activities because of contact or damage
75 to an underground facility.
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76 (b} Any excavator or member operator who commits a
77 noncriminal infraction under paragraph (a) may be issued a
78 citation by the State Fire Marshal; the fire chief of the
79 special district, municipality, or county; or any local or state
80 law enforcement officer, government code inspector, or code
81 enforcement officer, and the issuer of a citation may require an
82 excavator to cease work on any excavation or not start a
83 proposed excavation until there has been compliance with the
84 provisions of this chapter. Citations shall be hand delivered to
85 any employee of the excavator or member operator who is involved
86 in the noncriminal infraction. The citation shall be issued in
87 the name of the excavator or mefflber operator, whichever is
88 applicable.
89 (c)l._:_ Any excavator or member operator who commits a
90 noncriminal infraction under subparagraph (a)l. paragraph (a)
91 may be required to pay a civil penalty of $500 plus court costs
92 for each infraction, which is $500 plus court costs. If a
93 citation is issued by the State Fire Marshal; the fire chief of
94 the special district, municipality, or county; a state law
95 enforcement officer~7 a local law enforcement officer~7 a local
96 government code inspector~7 or a code enforcement officer, 80
97 percent of the civil penalty collected by the clerk of the court
98 shall be distributed to the governmental entity whose employee
99 issued the citation and 20 percent of the penalty shall be
100 retained by the clerk to cover administrative costs, in addition
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101 to other court costs. Any person who fails to properly respond
102 to a citation issued under pursuant to paragraph (b) shall, in
103 addition to the citation, be charged with the offense of failing
104 to respond to the citation and, upon conviction, commits a
105 misdemeanor of the second degree, punishable as provided ins.
106 775.082 ors. 775.083. A written warning to this effect must be
107 provided at the time any citation is issued under pursuant to
108 paragraph (b) .
109 2. Any excavator or member operator who commits a
110 noncriminal infraction under subparagraph (a)2. may be required
111 to pay an enhanced civil penalty of $2,500 plus 5 percent in
112 addition to any other court costs for each infraction. If a
113 citation is issued by the State Fire Marshal; the fire chief of
114 the special district, municipality, or county; a state law
115 enforcement officer; a local law enforcement officer; a local
116 government code inspector; or a code enforcement officer, 100
117 percent of the civil penalty collected by the clerk of the court
118 shall be distributed to the governmental entity whose employee
119 issued the citation. The additional 5 percent, plus any
120 additional court costs, is to be retained by the clerk to cover
121 administrative costs. Any person who fails to properly respond
122 to a citation issued under paragraph (b) shall, in addition to
123 the citation, be charged with the offense of failing to respond
124 to the citation and, upon conviction, commits a misdemeanor of
125 the second degree, punishable as provided ins. 775.082 ors.
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126 775.083. A written warning to this effect must be provided at
127 the time a citation is issued under paragraph (b).
128 (d) Any person cited for an infraction under paragraph (a)
129 may post a bond, which must shall be equal in amount to the
130 applicable civil penalty plus any additional court costs.
131 (e) A person charged with a noncriminal infraction under
132 paragraph (a) may pay the applicable civil penalty plus the
133 additional court costs, by mail or in person, within 30 days
134 after the date of receiving the citation. If the person cited
135 pays the civil penalty, she or he is deemed to have admitted to
136 committing the infraction and to have waived the right to a
137 hearing on the issue of commission of the infraction. The
138 admission may be used as evidence in any other proceeding under
139 this chapter.
140 (f) Any person may elect to have a hearing on the
141 commission of the infraction appear before the county court~
142 person who elects to have a hearing waives and if so electing is
143 deemed to have waived the limitations on the civil penalties
144 penalty specified in paragraph (c). The court, after a hearing,
145 shall make a determination as to whether an infraction has been
146 committed. If the commission of an infraction has been proven,
147 the court may impose a civil penalty not to exceed $5,000 plus
148 court costs for each infraction. In determining the amount of
149 the civil penalty, the court may consider previous noncriminal
150 infractions committed.
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151 (g) At a court hearing under this chapter, the conunission
152 of a charged infraction must be proven by a preponderance of the
153 evidence.
154 (h) If the court finds that a person is found by a judge
155 or hearing official to have conunitted an infraction, the person
156 may appeal that finding or the amount of the civil penalties
157 imposed to the circuit court.
158 (i) Sunshine State One-Call of Florida, Inc., may, at its
159 own cost, retain an attorney to assist in the presentation of
160 relevant facts and law in the county court proceeding pertaining
161 to the citation issued under this section. The corporation may
162 also appear in any case appealed to the circuit court if a
163 county court judge finds that an infraction of the chapter was
164 conunitted. An appellant in the circuit court proceeding shall
165 timely notify the corporation of any appeal under this section.
166 (2) REPORT OF INFRACTIONS.-By March 31 of each year, each
167 clerk of court shall submit a report to the State Fire Marshal
168 and Sunshine State One-Call of Florida, Inc., listing each
169 violation notice written under paragraph (1) (a) which has been
170 filed in that county during the preceding calendar year. The
171 report must state the name and address of the member or
172 excavator who conunitted each infraction and indicate whether or
173 not the civil penalty for the infraction was paid.
174 (3) MISDEMEANORS.-Any person who knowingly and willfully
175 removes or otherwise destroys the valid stakes or other valid
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176 physical markings described ins. 556.105(5) (a) and (b) used to
177 mark the horizontal route of an underground facility commits a
178 misdemeanor of the second degree, punishable as provided ins.
179 775.082 ors. 775.083. For purposes of this subsection, stakes
180 or other nonpermanent physical markings are considered valid for
181 30 calendar days after information is provided to the system
182 under s . 5 5 6 . 10 5 ( 1 ) (a) .
183 Section 2. Section 556.116, Florida Statutes, is amended
184 to read:
185 556.116 High-priority subsurface installations; special
186 procedures.-
187 (1) As used in this section, the term:
188 (a) "Division" ffieans the Division of Adffiinistrative
189 Hearings.
190 ~+a+- "High-priority subsurface installation" means an
191 underground gas transmission or gas distribution pipeline, an
192 underground pipeline used to transport gasoline, jet fuel, or
193 any other refined petroleum product or hazardous or highly
194 volatile liquid, such as anhydrous ammonia or carbon dioxide, if
195 the pipeline is deemed to be critical by the operator of the
196 pipeline and is identified as a high-priority subsurface
197 installation to an excavator who has provided a notice of intent
198 to excavate under pursuant to s. 556.105(1), or would have been
199 identified as a high-priority subsurface installation except for
200 the excavator's failure to give proper notice of intent to
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201 excavate.
202 J...el-fet "Incident" means an event that involves damage to a
203 high-priority subsurface installation that has been identified
204 as such by the operator according to the notification procedures
205 set forth in subsection (2) and that:
206 1. Results in death or serious bodily injury requiring
207 inpatient hospitalization.
208 2. Results in property damage, including service-
209 restoration costs, in an amount in excess of $50,000 or
210 interruption of service to 2,500 or more customers.
211 (2) When an excavator proposes to excavate or demolish
212 within 15 feet of the horizontal route of an underground
213 facility that has been identified as a high-priority subsurface
214 installation by the operator of the facility, the operator
215 shall, in addition to identifying the horizontal route of its
216 facility as set forth ins. 556.105(5) (a) and (b), and within
217 the time period set forth in s. 556.105 (9) (a) for a positive
218 response, notify the excavator that the facility is a high-
219 priority subsurface installation. If the member operator
220 provides such timely notice of the existence of a high-priority
221 subsurface installation, an excavator shall notify the operator
222 of the planned excavation start date and time before beginning
223 excavation. If the member operator does not provide timely
224 notice, the excavator may proceed, after waiting the prescribed
225 time period set forth ins. 556.105(9) (a), to excavate without
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226 notifying the member operator of the excavation start date and
227 time. The exemptions stated ins. 556.108 apply to the
228 notification requirements in this subsection.
229 ( 3) (a) An alleged commission of an infraction listed in s.
230 556.107(1) which results in an incident must be reported to the
231 system by a member operator or an excavator within 24 hours
232 after learning of the alleged occurrence of an incident.
233 (b) Upon receipt of an allegation that an incident has
234 occurred, the system shall transmit an incident report to the
235 State Fire Marshal; the fire chief of the special district,
236 municipality, or county; a local or state law enforcement
237 officer; a government code inspector; or a code enforcement
238 officer in order to division and contract with the division so
239 that the division may conduct an investigation a hearing to
240 determine whether an incident has occurred, and, if so, whether
241 a violation of s. 556.107(1) (a) was a proximate cause of the
242 incident. The contract for services to be performed by the
243 division must include provisions for the system to reimburse the
244 division for any costs incurred by the division for court
245 reporters, transcript preparation, travel, facility rental, and
246 other customary hearing costs, in the manner set forth ins.
247 120.65(9).
248 (c) The State Fire Marshal; the fire chief of the special
249 district, municipality, or county; a local or state law
250 enforcement officer; a government code inspector; or a code
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251 enforcement officer division has jurisdiction in a proceeding
252 under this section to deterffiine the facts and law concerning an
253 alleged incident. The division may issue a citation and impose a
254 civil penalty cf-i£.e. against a violator in an amount not to exceed
255 $50,000 if the person violated a provision of s. 556.107(1) (a)
256 and that violation was a proximate cause of the incident.
257 However, if a state agency or political subdivision caused the
258 incident, the state agency or political subdivision may not be
259 fined in an amount in excess of $10,000.
2 60 (d) The civil penalty A fine imposed under this subsection
261 by the division is in addition to any amount payable as a result
262 of a citation relating to the incident under s. 556.107 (1) (a).
263 (e) If a civil penalty is imposed by the State Fire
264 Marshal; the fire chief of the special district, municipality,
265 or county; a local or state law enforcement officer; a
266 government code inspector; or a code enforcement officer under
267 this subsection, 95 percent of the civil penalty collected by
268 the clerk of the court shall be distributed to the governmental
269 entity whose employee issued the citation and civil penalty and
270 5 percent of the civil penalty shall be retained by the clerk to
271 cover administrative costs A fine against an eJccavator or a
272 meffiber operator iffiposed under this subsection shall be paid to
273 the systeffi, which shall use the collected fines to satisfy the
274 costs incurred by the system for any proceedings under this
275 section. To the entent there are any funds reffiaining, the oyoteffi
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276 may use the funds e1cclusively for damage prevention education.
277 (f) This section does not change the basis for civil
278 liability. The findings and results of an investigation tt
279 hearing under this section may not be used as evidence of
280 liability in any civil action.
281 ( 4) (a) The division shall issue and serve on all original
282 parties an initial order that assigns the case to a specific
283 administrative law judge and requests information regarding
284 scheduling the final hearing within 5 business days after the
285 division receives a petition or request for hearing. The
286 original parties in the proceeding include all eJccavators and
287 member operators identified by the system as being involved in
288 the alleged incident. The final hearing must be conducted within
289 60 days after the date the petition or the request for a hearing
290 is filed with the division.
291 (b) Unless the parties otherwise agree, venue for the
292 hearing shall be in the county in which the underground facility
293 is located.
294 (c) An intervenor in the proceeding must file a petition
295 to intervene no later than 15 days before the final hearing. A
296 person who has a substantial interest in the proceeding may
297 intervene.
298 (5) The following procedures apply:
299 (a) Motions shall be limited to the following:
300 1. A motion in opposition to the petition.
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301 2. A motion requesting discovery beyond the informal
302 e1whange of documents and witness lists described in paragraph
303 (c). Upon a sho\1ing of necessity, additional discovery may be
304 permitted in the discretion of the administrative law judge, but
305 only if the discovery can be completed no later than 5 days
306 before the final hearing.
307 3. A motion for continuance of the final hearing date.
308 (b) All parties shall attend a prehearing conference for
309 the purpose of identifying the legal and factual issues to be
310 considered at the final hearing, the names and addresses of
311 witnesses who may be called to testify at the final hearing,
312 documentary evidence that will be offered at the final hearing,
313 the range of penalties that may be imposed, and any other matter
314 that would eMpedite resolution of the proceeding. The prehearing
315 conference may be held by telephone conference call.
316 (c) Not later than 5 days before the final hearing, the
317 parties shall furnish to each other copies of documentary
318 evidence and lists of ·,dtnesses who may testify at the final
319 hearing.
320 (d) All parties shall have an opportunity to respond, to
321 present evidence and argument on all issues involved, to conduct
322 cross eJcamination and submit rebuttal evidence, and to be
323 represented by counsel or other qualified representative.
324 (e) The record shall consist only of:
325 1. All notices, pleadings, motions, and intermediate
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CS/HB 1095 2020
326 rulings.
327 2. Evidence received during the final hearing.
328 3. A statement of matters officially recognized.
329 4. Proffers of proof and objections and rulings thereon.
330 5. Hatters placed on the record after an eJE parte
331 communication.
332 6. The written final order of the administrative law judge
333 presiding at the final hearing.
334 7. The official transcript of the final hearing.
335 (f) The division shall accurately and completely preserve
336 all testimony in the proceeding and, upon request by any party,
337 shall make a full or partial transcript available at no more
338 than actual cost.
339 (g) The administrative law judge shall issue a final order
340 within 30 days after the final hearing or the filing of the
341 transcript thereof, whichever is later. The final order of the
342 administrative law judge must include:
343 1. Findings of fact based e1rnlusively on the evidence of
344 record and matters officially recognized.
345 2. Conclusions of law. In determinifig whether a party has
346 committed an infraction of s. 556.107(1) (a), and whether the
347 iflfraction ·.ms a pro1Eimate cause of afl. incideflt, the commissiofl
348 of afi iflfraction must be proven by a prepoI'l.derafice of the
349 evidefl.ce.
350 3. Imposition of a fifle, if applicable.
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351 4. Any other information required by la\1 or rule to be
352 contained in a final order.
353
354 The final order of the administrative law judge constitutes
355 final agency action subject to judicial review pursuant to s.
356 120.68.
357 Section 3. Section 556.117, Florida Statutes, is created
358 to read:
359 556.117 Underground facility damage prevention review
360 panel.-
361 (1) The underground facility damage prevention review
362 panel is established under the Division of State Fire Marshal
363 within the Department of Financial Services to review complaints
364 of an alleged violation under this chapter to identify issues or
365 potential issues with damage prevention and enforcement. The
366 review panel shall identify areas in the state where additional
367 education related to damage prevention and enforcement is needed
368 and shall recommend solutions to remedy issues related to damage
369 prevention and enforcement. The review panel shall also review
370 current practices for locating underground pipes or other
371 underground facilities that transport hazardous materials which
372 are regulated by the Pipeline and Hazardous Materials Safety
373 Administration of the United States Department of Transportation
374 in the state and determine if any statutory changes are needed
375 to make such pipelines or facilities more resilient and safer
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376 for communities. Except as otherwise provided in this section,
377 the review panel shall operate in a manner consistent withs.
378 20.052.
379 (2) The review panel shall consist of nine members
380 appointed by the State Fire Marshal and shall include the
381 following:
382 (a) One member representing the electrical utility
383 industry.
384 (b) One member representing the telecommunications
385 industry.
386 (c) One member licensed as an underground utility and
387 excavation contractor under chapter 489 and engaged in work
388 within road or highway rights-of-way.
389 (d) One member representing the natural gas industry.
390 (e) One member representing the utility locator industry.
391 (f) One member representing county or municipal water and
392 sewer service providers.
393 (g) One member representing excavators performing work
394 unrelated to construction in road or highway rights-of-way,
395 including landscaping, fencing, or plumbing contractors.
396 (h) One member licensed as an underground utility and
397 excavation contractor under chapter 489 and engaged in work for
3 98 public utilities.
399 (i) One member representing the public at large.
400 (3) The board of directors shall establish a process to
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401 receive applications for the purpose of appointing members to
402 the review panel.
403 (4) Each member shall serve for a 2-year term. A member
404 may not serve more than two consecutive 2-year terms, except
405 that members listed in paragraphs (2) (a)-(e) shall initially
406 serve a 1-year term and those members listed in paragraphs
407 (2) (f)- (i) shall serve a 2-year term. All subsequent
408 appointments shall be for 2-year terms. A vacancy for an
409 unexpired term of a member shall be filled in the same manner as
410 the original appointment. The review panel shall elect from
411 among its members a chair and vice chair and meet quarterly in
412 conjunction with the meeting of the board of directors or at the
413 call of the chair.
414 (5) The Division of State Fire Marshal shall provide staff
415 support and meeting space to the review panel. Members of the
416 panel shall serve without compensation and are not entitled to
417 reimbursement for per diem or travel expenses.
418 Section 4. This act shall take effect July 1, 2020.
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COMMERCE COMMITTEE
CS/HB 1095 by Rep. Fitzen hagen
UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Fitzenhagen (Strike-all)
• Consolidates existing definitions in ch. 556, F.S.
• Defines the term "permanent marker" and provides a criminal penalty for
knowingly and willfully removing or damaging a permanent marker.
• Modifies the required distribution of enhanced civil penalties collected for certain
infractions by distributing 80 percent to the enforcing authority and 20 percent to
the clerk of court to cover court costs.
• Limits the civil penalty that a county court may impose, after hearing, to the
otherwise applicable civil penalty for the underlying infraction plus court costs.
• Requires an underground facilities owner or an excavator, within 24 hours of
learning of an alleged infraction that causes an incident involving a high-priority
subsurface installation (HPSI), to notify the State Fire Marshal.
• Provides that the State Fire Marshal is the sole authority for investigation and
enforcement related to infractions alleged to have caused HPSI incidents.
• Modifies the required distribution of additional civil penalties collected for
infractions that cause an HPSI incident such that: the clerk of court retains 5
percent for court costs; Sunshine 811 receives 50 percent of the remainder to
use solely for damage-prevention education; and the State Fire Marshal receives
the other 50 percent of the remainder to use solely for certain types of firefighter
protection programs.
• Provides that it is a second degree misdemeanor to willfully fail to properly
respond to any citation issued for an infraction under ch. 556, F.S.
• Requires that each clerk of court, in its annual report to Sunshine 811 and the
State Fire Marshal, list each citation issued for violations of ch. 556, F.S., the
enforcement authority, the specific statutory infraction, and the type of
underground facility related to the infraction.
• Provides that authorized agents of the State Fire Marshal may conduct
investigations and issue citations related to violations of ch. 556, F.S.
• Requires Sunshine 811 to review all reports made to the State Fire Marshal and
other complaints of alleged infractions to identify issues related to damage
prevention and enforcement, and annually provide an analysis and
recommendations to the Governor, President of the Senate, and Speaker of the
House of Representatives.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1095 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fitzenhagen offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Present subsections ( 8) and ( 9) through ( 14) of
7 section 556.102, Florida Statutes, are redesignated as
8 subsections (10) and (12) through ( 1 7) , respectively, and new
9 subsections ( 8) , ( 9) , and ( 11) are added to that section, to
10 read:
11 556.102 Definitions.-As used in this act:
12 ( 8) "High-priority subsurface installation" means an
13 underground gas transmission or gas distribution pipeline, or an
14 underground pipeline used to transport gasoline, jet fuel, or
15 any other refined petroleum product or hazardous or highly
16 volatile liquid, such as anhydrous ammonia or carbon dioxide, if
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
17 the pipeline is deemed to be critical by the operator of the
18 pipeline and is identified as a high-priority subsurface
19 installation to an excavator who has provided a notice of intent
20 to excavate under to s. 556.105(1), or would have been
21 identified as a high-priority subsurface installation except for
22 the excavator's failure to give proper notice of intent to
23 excavate.
24 ( 9) "Incident" means an event that involves damage to a
25 high-priority subsurface installation that has been identified
26 as such by the operator according to the notification procedures
27 set forth ins. 556.116(1) and that:
28 1. Results in death or serious bodily injury requiring
29 inpatient hospitalization.
30 2. Results in property damage, including service-
31 restoration costs, in an amount in excess of $50,000 or
32 interruption of service to 2,500 or more customers.
33 ( 11) "Permanent marker" means a clearly visible indication
34 of the approximate location of an underground facility which is
35 made of material that is durable in nature and which is
36 reasonably expected to remain in position for the life of the
37 underground facility.
38 Section 2. Section 556.107, Florida Statutes, is amended
39 to read:
40 556.107 Violations.-
41 (1) NONCRIMINAL INFRACTIONS.-
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
42 (a)l..:_ Violations of the following provisions are
43 noncriminal infractions:
44 a.-l-.- Section 556.105(1), relating to providing required
45 information.
46 b. Section 556.105 (5) (c), relating to excavation practices
47 in tolerance zones.
48 c.-2--;- Section 556.105(6), relating to the avoidance of
49 excavation.
50 d.-3-;- Section 556.105(11), relating to the need to stop
51 excavation or demolition because marks are no longer visible,
52 or, in the case of underwater facilities, are inadequately
53 documented.
54 e.-47- Section 556.105(12), relating to the need to cease
55 excavation or demolition activities because of contact or damage
56 to an underground facility.
57 f.~ Section 556.105(5)(a) and (b), relating to
58 identification of underground facilities, if a member operator
59 does not mark an underground facility, but not if a member
60 operator marks an underground facility incorrectly.
61 .9_:_-6-.- Section 556.109(2), relating to falsely notifying the
62 system of an emergency situation or condition.
63 h.+. Section 556.114 (1), (2), (3), and (4), relating to a
64 failure to follow low-impact marking practices, as defined
65 therein.
66 2. Violations of the following provisions involving an
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Amendment No. 1
67 underground facility transporting hazardous materials that are
68 regulated by the Pipeline and Hazardous Materials Safety
69 Administration of the United States Department of Transportation
70 are noncriminal infractions, subject to enhanced civil penalties
71 under paragraph (c):
72 a. Section 556.105(1), relating to providing required
73 information.
74 b. Section 556.105(5) (c), relating to excavation practices
75 in tolerance zones.
76 c. Section 556.105(6), relating to the avoidance of
77 certain excavation.
78 d. Section 556.105(11), relating to the need to stop
79 excavation or demolition because certain marks are no longer
80 visible or are inadequately documented.
81 e. Section 556.105(12), relating to the need to cease
82 excavation or demolition activities because of contact or damage
83 to an underground facility.
84 (b) Any excavator or member operator who commits a
85 noncriminal infraction under paragraph (a) may be issued a
86 citation by the State Fire Marshal or agents as provided in ss.
87 633.114 and 633.116; the fire chief of the special district,
88 municipality, or county; or any local or state law enforcement
89 officer, government code inspector, or code enforcement officer,
90 and the issuer of a citation may require an excavator to cease
91 work on any excavation or not start a proposed excavation until
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Amendment No. 1
92 there has been compliance with the provisions of this chapter.
93 Citations shall be hand delivered to any employee of the
94 excavator or member operator who is involved in the noncriminal
95 infraction. The citation shall be issued in the name of the
96 excavator or member operator, whichever is applicable.
97 (c)l..:_ Any excavator or member operator who commits a
98 noncriminal infraction under subparagraph (a)l. paragraph (a)
99 may be required to pay a civil penalty of $500 plus court costs
100 for each infraction, which is $500 plus court costs. If a
101 citation is issued by a state law enforcement officer, a local
102 law enforcement officer, a local government code inspector, or a
103 code enforcement officer, 80 percent of the civil penalty
104 collected by the clerk of the court must shall be distributed to
105 the governmental entity whose employee issued the citation and
106 20 percent of the penalty must shall be retained by the clerk -t-e
107 cover administrative costs, in addition to any other court
108 costs. Any person who fails to properly respond to a citation
109 issued under pursuant to paragraph (b) shall, in addition to the
110 citation, be charged with the offense of failing to respond to
111 the citation and, upon conviction, commits a misdemeanor of the
112 second degree, punishable as provided ins. 775.082 ors.
113 775.083. A written warning to this effect must be provided at
114 the time any citation is issued under pursuant to paragraph (b).
115 2. Any excavator or member operator who commits a
116 noncriminal infraction under subparagraph (a)2. may be required
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
117 to pay an enhanced civil penalty of $2,500 plus court costs for
118 each infraction. If a citation is issued, 80 percent of the
119 civil penalty collected by the clerk of the court must be
120 distributed to the governmental entity whose employee issued the
121 citation and 20 percent must be retained by the clerk in
122 addition to any court costs.
123 3. Any person who willfully fails to properly respond to a
124 citation issued under paragraph (b) shall, in addition to the
125 citation, be charged with the offense of failing to respond to
126 the citation and, upon conviction, commits a misdemeanor of the
127 second degree, punishable as provided ins. 775.082 ors.
128 775.083. A written warning to this effect must be provided at
129 the time a citation is issued under paragraph (b).
130 (d) Any person cited for an infraction under paragraph (a)
131 ors. 556.116(2) (c) may post a bond, which must shall be equal
132 in amount to the applicable civil penalty plus any additional
133 court costs.
134 (e) A person charged with a noncriminal infraction under
135 paragraph (a) ors. 556.116(2) (c) may pay the applicable civil
136 penalty plus the additional court costs, by mail or in person,
137 within 30 days after the date of receiving the citation. If the
138 person cited pays the civil penalty, she or he is deemed to have
139 admitted to committing the infraction and to have waived the
140 right to a hearing on the issue of commission of the infraction.
141 The admission may be used as evidence in any other proceeding
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
142 under this chapter.
143 (f) Any person may elect to have a hearing on the
144 commission of the infraction appear before the county court~
145 person who elects to have a hearing waives and if so electing is
14 6 deemed to have waived the limitations on the civil penalties
147 penalty specified in paragraph (c). The court, after a hearing,
148 shall make a determination as to whether an infraction has been
149 committed. If the commission of an infraction has been proven,
150 the court may impose a civil penalty not to exceed the
151 applicable civil penalty $5,000 plus court costs for each
152 infraction. In determining the amount of the civil penalty, the
153 court may consider previous noncriminal infractions committed.
154 (g) At a court hearing under this chapter, the commission
155 of a charged infraction must be proven by a preponderance of the
156 evidence.
157 (h) If the court finds that a person is found by a judge
158 or hearing official to have committed an infraction, the person
159 may appeal that finding or the amount of the civil penalties
160 imposed to the circuit court.
161 (i) Sunshine State One-Call of Florida, Inc., may, at its
162 own cost, retain an attorney to assist in the presentation of
163 relevant facts and law in the county court proceeding pertaining
164 to the citation issued under this section. The corporation may
165 also appear in any case appealed to the circuit court if a
166 county court judge finds that an infraction of the chapter was
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
167 committed. An appellant in the circuit court proceeding shall
168 timely notify the corporation of any appeal under this section.
169 (2) REPORT OF INFRACTIONS.-By March 31 of each year, each
170 clerk of court shall submit a report to the State Fire Marshal
171 and Sunshine State One-Call of Florida, Inc., listing each
172 citation issued for a violation notice written under paragraph
173 (1) (a) ands. 556.116(2) (c) which has been filed in that county
174 during the preceding calendar year. The report must state the
175 name and address of the member or excavator who committed each
17 6 infraction, the enforcement authority, the specific statutory
177 infraction, and the type of underground facility related to the
178 infraction and must indicate whether or not the civil penalty
179 for the infraction was paid.
180 (3) MISDEMEANORS.-
181 ~ Any person who knowingly and willfully removes or
182 otherwise destroys the valid stakes or other valid physical
183 markings described ins. 556.105(5) (a) and (b) used to mark the
184 horizontal route of an underground facility commits a
185 misdemeanor of the second degree, punishable as provided ins.
186 775.082 ors. 775.083. For purposes of this subsection, stakes
187 or other nonpermanent physical markings are considered valid for
188 30 calendar days after information is provided to the system
189 under s. 556.105(1) (a).
190 (b) Any person who knowingly and willfully removes or
191 damages a permanent marker placed to identify the approximate
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Amendment No. 1
192 location of an underground facility commits a misdemeanor of the
193 second degree, punishable as provided ins. 775.082 ors.
194 775.083.
195 Section 3. Section 556.116, Florida Statutes, is amended
196 to read:
197 556.116 High-priority subsurface installations; special
198 procedures.-
199 (1) As used in this section, the term:
200 (a) "Division" means the Division of Administrative
201 Hearings.
202 (b) "High priority subsurface installation" means an
203 underground gas transmission or gas distribution pipeline, an
204 underground pipeline used to transport gasoline, jet fuel, or
205 any other refined petroleum product or hazardous or highly
206 volatile liquid, such as anhydrous ammonia or carbon dioxide, if
207 the pipeline is deemed to be critical by the operator of the
208 pipeline and is identified as a high priority subsurface
209 installation to an excavator who has provided a notice of intent
210 to excavate pursuant to s. 556.105(1), or would have been
211 identified as a high priority subsurface installation except for
212 the excavator's failure to give proper notice of intent to
213 excavate.
214 (c) "Incident" means an event that involves damage to a
215 high priority subsurface installation that has been identified
216 as such by the operator according to the notification procedures
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Bill No. CS/HB 1095 (2020)
Amendment No. 1
217 set forth in subsection (2) and that:
218 1. Results in death or serious bodily injury requiring
219 inpatient hospitalization.
220 2. Results in property damage, including service
221 restoration costs, in an amount in excess of $50,000 or
222 interruption of service to 2,500 or more customers.
223 -t2+ When an excavator proposes to excavate or demolish
224 within 15 feet of the horizontal route of an underground
225 facility that has been identified as a high-priority subsurface
226 installation by the operator of the facility, the operator
227 shall, in addition to identifying the horizontal route of its
228 facility as set forth in s. 556.105 (5) (a) and (b), and within
229 the time period set forth ins. 556.105(9) (a) for a positive
230 response, notify the excavator that the facility is a high-
231 priority subsurface installation. If the member operator
232 provides such timely notice of the existence of a high-priority
233 subsurface installation, an excavator shall notify the operator
234 of the planned excavation start date and time before beginning
235 excavation. If the member operator does not provide timely
236 notice, the excavator may proceed, after waiting the prescribed
237 time period set forth ins. 556.105(9) (a), to excavate without
238 notifying the member operator of the excavation start date and
239 time. The exemptions stated ins. 556.108 apply to the
240 notification requirements in this subsection.
241 (2) (a) (3) (a) An alleged commission of an infraction listed
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Amendment No. 1
242 ins. 556.107(1) which results in an incident must be reported
243 to the system and the State Fire Marshal by a member operator or
244 an excavator within 24 hours after learning of the alleged
245 occurrence of an incident.
246 (b) Upon receipt of an allegation that an incident has
247 occurred, the member operator or excavator systeffl shall transmit
248 an incident report to the State Fire Marshal, who shall division
249 and contract with the division so that the division fflay conduct
250 an investigation a hearing to determine whether an incident has
251 occurred, and, if so, whether a violation of s. 556.107(1) (a)
252 was a proximate cause of the incident. The State Fire Marshal
253 may authorize its agents as provided in ss. 633.114, 633.116,
254 and 633.118 to conduct investigations of incidents The contract
255 for services to be perforffled by the division fflust include
256 provisions for the systeffi to reifflburse the division for any
257 costs incurred by the division for court reporters, transcript
258 preparation, travel, facility rental, and other custofflary
259 hearing costs, in the fflanner set forth in a. 120.65(9).
260 (c) The State Fire Marshal or agents as provided in ss.
261 633.114, 633.116, and 633.118 division has jurisdiction in a
262 proceeding under this section to deterffline the facts and law
263 concerning an alleged incident. The division may issue a
264 citation and impose a civil penalty .f-i..n.e against a violator in
265 an amount not to exceed $50,000 if the person violated a
266 provision of s. 556.107(1) (a) and that violation was a proximate
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Amendment No. 1
267 cause of the incident. However, if a state agency or political
268 subdivision caused the incident, the state agency or political
269 subdivision may not be fined in an amount in excess of $10,000.
270 (d} The civil penalty~ fine imposed under this subsection
271 by the division is in addition to any amount payable as a result
272 of a citation relating to the incident under s. 556.107(1) (a).
273 (e) If an additional civil penalty is imposed by the State
274 Fire Marshal or his or her agents, 5 percent of the civil
275 penalty must be retained by the clerk to cover administrative
276 costs, and the remainder of the civil penalty must be
277 distributed equally between the system and the State Fire
278 Marshal. The portion of the civil penalty distributed to the
279 system must be used exclusively to fund damage-prevention
280 education. The portion of the civil penalty distributed to the
281 State Fire Marshal must be used exclusively to fund programs
282 created within the State Fire Marshal's office that provide
283 need-based financial assistance to help fire departments,
284 including volunteer fire departments, procure equipment,
285 supplies, and educational training designed to mitigate
286 firefighter exposure to hazardous, cancer-causing chemicals A
287 fine against an e}{cavator or a member operator imposed under
288 this subsection shall be paid to the oyotem, which shall uoe the
289 collected fines to satisfy the coots incurred by the oyotem for
290 any proceedings under this section. To the extent there are any
291 funds remaining, the oyotem may uoe the funds exclusively for
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Amendment No. 1
292 damage prevention education.
293 (f) Any excavator or member operator who commits a
294 noncriminal infraction under s. 556.116(2) (c) must be provided a
295 written warning at the time a citation is issued stating that
296 any person who willfully fails to properly respond to a citation
297 must, in addition to the citation, be charged with the offense
298 of failing to respond to the citation and, upon conviction,
299 commits a misdemeanor of the second degree, punishable as
300 provided ins. 775.082 ors. 775.083.
301 J__g_l_ This section does not change the basis for civil
302 liability. The findings and results of an investigation a
303 hearing under this section may not be used as evidence of
304 liability in any civil action.
305 (4) (a) The division shall issue and serve on all original
306 parties an initial order that assigns the case to a specific
307 administrative law judge and requests information regarding
308 scheduling the final hearing within 5 business days after the
309 division receives a petition or request for hearing. The
310 original parties in the proceeding include all excavators and
311 member operators identified by the system as being involved in
312 the alleged incident. The final hearing must be conducted within
313 60 days after the date the petition or the request for a hearing
314 io filed with the division.
315 (b) Unless the parties otherwise agree, venue for the
316 hearing shall be in the county in which the underground facility
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Amendment No. 1
317 is located.
318 (c) An intervenor in the proceeding must file a petition
319 to intervene no later than 15 days before the final hearing. A
320 person who has a substantial interest in the proceeding may
321 intervene.
322 (5) The following procedures apply:
323 (a) Motions shall be limited to the following:
324 1. A motion in opposition to the petition.
325 2. A motion requesting discovery beyond the informal
326 exchange of documents and witness lists described in paragraph
327 (c). Upon a showing of necessity, additional discovery may be
328 permitted in the discretion of the administrative law judge, but
329 only if the discovery can be completed no later than 5 days
330 before the final hearing.
331 3. ~ motion for continuance of the final hearing date.
332 (b) All parties shall attend a prehearing conference for
333 the purpose of identifying the legal and factual issues to be
334 considered at the final hearing, the names and addresses of
335 witnesses who may be called to testify at the final hearing,
336 documentary evidence that will be offered at the final hearing,
337 the range of penalties that may be imposed, and any other matter
338 that would expedite resolution of the proceeding. The prehearing
339 conference may be held by telephone conference call.
340 (c) Not later than 5 days before the final hearing, the
341 parties shall furnish to each other copies of documentary
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1095 (2020)
Amendment No. 1
342 evidence and lists of witnesses who ffiay testify at the final
343 hearing.
344 (d) All parties shall have an opportunity to respond, to
345 present evidence and arguffient on all issues involved, to conduct
346 cross examination and subffiit rebuttal evidence, and to be
347 represented by counsel or other qualified representative.
348 (e) The record shall consist only of:
349 1. All notices, pleadings, ffiotions, and intermediate
350 rulings.
351 2. Evidence received during the final hearing.
352 3. A stateffient of ffiatters officially recognized.
353 4. Proffers of proof and objections and rulings thereon.
354 5. Matters placed on the record after an ex parte
355 coffiffiunication.
356 6. The written final order of the adffiinistrative law judge
357 presiding at the final hearing.
358 7. The official transcript of the final hearing.
359 (f) The division shall accurately and coffipletely preserve
360 all testiffiony in the proceeding and, upon request by any party,
361 shall ffiake a full or partial transcript available at no ffiore
362 than actual cost.
363 (g) The adffiinistrative law judge shall issue a final order
364 within 30 days after the final hearing or the filing of the
365 transcript thereof, whichever is later. The final order of the
366 adffiinistrative law judge must include:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1095 (2020)
Amendment No. 1
367 1. Findings of fact based exclusively on the evidence of
368 record and matters officially recognized.
369 2. Conclusions of law. In determining whether a party has
370 committed an infraction of s. 556.107 (1) (a), and whether the
371 infraction was a pro}dmate cause of an incident, the commission
372 of an infraction must be proven by a preponderance of the
373 evidence.
374 3. Imposition of a fine, if applicable.
375 4. Any other information required by law or rule to be
376 contained in a final order.
377
378 The final order of the administrative law judge constitutes
379 final agency action subject to judicial review pursuant to s.
380 120.68.
381 Section 4. Section 556.117, Florida Statutes, is created
382 to read:
383 556.117 Underground facility damage prevention review.-
384 Sunshine State One-Call of Florida, Inc., shall review the
385 reports submitted by the clerks of court to the State Fire
386 Marshal and any complaints of alleged violations under this
387 chapter to identify issues or potential issues with damage
388 prevention and enforcement. The corporation shall identify areas
389 in the state where additional education related to damage
390 prevention and enforcement is needed and shall recommend
391 solutions to remedy issues related to damage prevention and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1095 (2020)
Amendment No. 1
392 enforcement. The corporation shall, by October 1 of each year,
393 submit to the Governor, the President of the Senate, and the
394 Speaker of the House of Representatives an analysis of its
395 reviews and any recommendations for improving underground
396 facility damage prevention and enforcement.
397 Section 5. This act shall take effect July 1, 2020.
398
399
400 T I T L E A ME N D ME N T
401 Remove everything before the enacting clause and insert:
402 An act relating to underground facility damage prevention and
403 safety; amending s. 556.102, F.S.; defining the term "permanent
404 marker" and consolidating other definitions from throughout the
405 chapter; amending s. 556.107, F.S.; revising noncriminal
406 violations and providing noncriminal violations relating to the
407 transportation of certain hazardous materials; authorizing the
408 State Fire Marshal or his or her agents to issue certain
409 citations; providing enhanced civil penalties; providing
410 disposition of the civil penalty; requiring a report by
411 additional entities; providing civil penalties relating to
412 removing or damaging a permanent marker; amending s. 556.116,
413 F.S.; moving and consolidating definitions to the definition
414 section for the chapter; providing that certain incident reports
415 must be submitted to, and investigated by, the State Fire
416 Marshal or his or her agents; authorizing the State Fire Marshal
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 1095 (2020)
Amendment No. 1
417 or his or her agents to issue citations and civil penalties;
418 providing for disposition of the civil penalty; requiring
419 written warnings for certain noncriminal infractions; providing
420 for an enhanced penalty upon conviction for a failure to
421 respond; removing provisions relating to hearings by the
422 Division of Administrative Hearings of certain incidents;
423 creating s. 556.117, F.S.; requiring Sunshine State One-Call of
424 Florida, Inc., to review certain reports and complaints;
425 requiring the corporation to identify areas for additional
426 education and recommend solutions; requiring an annual report to
427 the Governor and the Legislature; providing an effective date.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1193 Deregulation of Professions and Occupations
SPONSOR(S): lngoglia
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 474
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Business & Professions Subcommittee 12 Y, 3 N Wright Anstead
2) Government Operations & Technology 10 Y, 2 N Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Wrightoo Hamon/;)~.f/;
SUMMARY ANALYSIS
The bill relates to various businesses and professions regulated by the Department of Business and Professional
Regulation. Specifically, the bill, cited as the "Occupational Freedom and Opportunity Act," does the following:
• Deregulates:
• Interior designers and interior design businesses,
• Hair braiders, hair wrappers, and body wrappers,
• Nail polishers and makeup applicators, and
• Boxing announcers and timekeepers.
• Partially deregulates the following professions, while maintaining civil and criminal causes of action:
• Auctioneers,
• Talent agents, and
• Labor organizations.
• Eliminates the additional business license required for the following licensees:
• Asbestos abatement consultants and contractors,
• Architects,
• Landscape architects, and
• Geologists.
• Reduces the hours of training required to obtain a license for:
• Barbers and restricted barbers, and
• Nail, facial, and full specialists.
• Adds new ways for out of state professionals to obtain a license in the state for:
• Veterinarians,
• Construction and electrical contractors,
• Landscape architects,
• Geologists,
• Engineers,
• Certified public accountants,
• Home inspectors,
• Building code professionals, and
• Cosmetologists, and Barbers.
• Reduces the number of members on the Florida Building Commission.
• Authorizes unlicensed individual to provide compensated dietary and nutritional information as long as such
individuals do not represent that they are licensed dieticians or nutritionists.
• Prohibits DBPR from disciplining or revoking a licensee based solely on defaulting on a student loan.
The bill has a significant negative fiscal impact to state revenues including a $4.2 million reduction over the next
three fiscal years. For more details, see Fiscal Analysis and & Economic Impact Statement.
The bill has an effective date of July 1, 2020, except where otherwise indicated.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Occupational Licensing
An occupational or professional license is a form of regulation that requires individuals who want to perform
certain types of work, such as contractors and cosmetologists, to obtain permission from the government to
perform the work. 1 Generally, an individual obtains such permission by demonstrating that they have the
designated knowledge, skills, and abilities to perform the work by meeting pre-determined criteria
established by the government, such as work experience and examinations. If the individual successfully
completes the pre-determined criteria, the government issues the individual a license, which allows them to
perform the work. 2
In the 1950s, less than five percent of U.S. workers were required to have an occupational license to do
their jobs. Since then, the number of workers required to have a license has risen to more than one-quarter
of U.S. workers, and an estimated 28.7 percent of the Florida workforce requires a license from the state. 3
In 2015, The White House published a report on the current state of occupational licensing in the nation.
The report found that when designed and implemented carefully, requiring occupational licenses offers
important health and safety protections to consumers, as well as benefits to workers. However, the report
also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there is evidence
that the current licensing regimes in the U.S. raise the price of goods and services, restrict employment
opportunities, and make it more difficult for workers to take their skills across state lines. 4
Organizational Structure of the Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations. 5
The Division of Professions (Professions) licenses and regulates more than 434,000 professionals through
the following professional boards and programs:
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,
1
The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)
https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing report final nonembarqo.pdf (last visited on Dec. 30, 2019).
2
Bureau of Labor Statistics, Frequently asked questions about data on certifications and licenses,
https://www.bls.gov/cps/certifications-and-licenses-faqs.htm, (last visited on Nov. 26, 2019).
3
White House, supra note 1, at 3.
4
Id., at 3-5.
5
S. 20.165, F.S.
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• Athlete Agents,
• Board of Auctioneers,
• Barbers' Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors' Licensing Board,
• Board of Employee Leasing Companies,
• Home Inspectors,
• Board of Landscape Architecture,
• Mold-Related Services,
• Board of Pilot Commissioners,
• Board of Professional Geologists,
• Talent Agencies,
• Board of Veterinary Medicine, and
• Florida Board of Professional Engineers. 6
The Division of Regulation (Regulations) is the enforcement authority for Labor Organizations and
Business Agents, the Florida State Boxing Commission, Farm Labor Program, Child Labor Program, and
any professional boards and programs housed within Professions. 7 To ensure compliance with applicable
laws and rules by those professions and related businesses, Regulations investigates complaints, utilizes
compliance mechanisms, and performs inspections. 8
The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH) provides consumer
protection for Florida residents living in regulated communities through education, complaint resolution,
mediation and arbitration, and developer disclosure. 9 FCTMH has limited regulatory authority over the
following business entities and individuals:
• Condominium Associations;
• Cooperative Associations;
• Florida Mobile Home Parks and related associations;
• Vacation Units and Timeshares;
• Yacht and Ship Brokers and related business entities; and
• Homeowners' Associations Uurisdiction limited to arbitration of election and recall disputes). 10
For each professional licensed issued by DBPR, DBPR charges an application fee set by the applicable
board, or by DBPR if there is no board for the profession. DBPR also imposes a $5 unlicensed activity fee
on each occupational license, in order to fund efforts to combat unlicensed activity. 11
Also, for professional licenses granted by DBPR, a license by endorsement means a license granted to an
applicant based on their license in another jurisdiction. Section 455.227(2), F.S., allows DBPR or an
applicable board to deny a license application based on an applicant's license history in another
jurisdiction. 12
6
Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-
of-professions/ (last visited Jan. 9, 2020).
7
Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last
visited Dec. 19, 2019).
8 Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-
of-regulation/ (last visited Dec. 19, 2019).
9
Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/ (last visited Jan. 9, 2020).
10 Id.
11
S. 455.2281, F.S.
12
S. 455.227(1)(f), (2)(a), F.S.
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Barbering
Background
Barbers, restricted barbers, and barbershops are regulated by ch. 476, F.S., and by the Barbers' Board.
'Barbering' means any of the following practices when done for remuneration and for the public, but not
when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming, coloring,
shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or
other preparations to the face, scalp, or neck, either by hand or by mechanical appliances." 13
A 'restricted barber' is a person who has a restricted license to practice barbering that limits the licensee's
practice to specific areas of demonstrated competence pursuant to rules adopted by the board.
To be eligible for licensure, barbers and restricted barbers must:
• be at least 16 years old,
• complete 1,200 hours of training, 14 which can cost between $2,000 and $11,000, 15
• pass the applicable written examination, 16 and
• pay a $205 fee. 17
Barbers and restricted barbers are required to complete 2 hours of continuing education every two years,
which must be focused on HIV/AIDS topics. 18
Barbers licensed in another state are eligible for a license by endorsement in Florida if they have
completed: 19
• at least 1,200 educational hours,
• a written exam, and
• a 2 hour HIV/AIDS course.
For the 2018-2019 Fiscal Year, there were 21,248 barbers in the state. DBPR received 666 complaints
against barbers, and took 405 disciplinary actions. 20
Effect of the Bill
The bill reduces the number of required hours of training from 1,200 to 600 for barbers and from 1,200 to
400 for restricted barbers. The type of training required is limited to sanitation, safety, laws, and rules.
The bill allows full license reciprocity in Florida for applicants who hold a barber license in another state,
without needing to pass a written examination.
13 S. 476.034(2), F.S.
14
Under certain circumstances, an applicant may take the exam after completing 1,000 hours of training. If he or she passes the exam,
no more training is required. S. 476.114(c)2., F.S.
15
CostHHelper, Inc., How Much Does Barber School Cost?, https://education.costhelper.com/barber-school.html (last visited Jan. 9,
2020).
16
R. 61-35.006, F.A.C.
17
Email from Colton Madill, Deputy Legislative Affairs Director, Florida Department of Business and Professional Regulation, RE:
DBPR Fee Schedule (Jan. 3, 2020).
18
S. 455.2228, F.S.
19
S. 476.144, F.S.
°
2
Florida Department of Business and Professional Regulation, 2018-2019 Annual Report, pp.19, 90.
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Cosmetology and Cosmetology Salons
Background
Cosmetologists, hair wrappers, hair braiders, nail specialists, facial specialists, full specialists, body
wrappers, and related salons in the state are regulated in accordance with ch. 477, F.S., and by the Board
of Cosmetology.
The term 'cosmetology' is defined as "the mechanical or chemical treatment of the head, face, and scalp
for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair
arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes
performing hair removal, including wax treatments, manicures, pedicures, and skin care services." 21
To be eligible for licensure, a cosmetologist must:
• be at least 16 years old,
• complete 1,200 hours of training, which typically costs between $5,000 and $20,000, 22
• pass an examination, and
• pay an initial license fee of $63.50. 23
In order to renew a cosmetology license or specialty registration, a licensee must complete 16 hours of
continuing education biennially. 24
Cosmetologists and specialists licensed in other states are eligible for a license by endorsement in Florida
if they have been licensed for more than 1 year or have completed the required hours of education for the
equivalent Florida license, and completed a 2 hour HIV/AIDS course. 25
For 2018-2019 Fiscal Year, there were 253,065 cosmetologists and specialists in the state. DBPR received
2,091 complaints, and took 1,323 disciplinary actions. 26
Specialty Registrations
A 'specialist' is defined as any person holding a specialty registration in one or more of the following
cosmetology specialties: 27
• manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails,
and massaging of the hands. This term includes any procedure or process for the affixing of
artificial nails, except those nails which may be applied solely by use of a simple adhesive;
• pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or
beautifying of the feet; and
• facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other
preparations, and skin care services.
A nail specialist may complete manicures and pedicures. A facial specialist may complete facials. A full
specialist may complete manicures, pedicures, and facials. 28
21
S. 477.013, F.S.
22 BeautySchools.com, The Cost of Beauty School, https://www.beautyschools.com/the-cost-of-beauty-school/ (last visited Dec. 19,
2019).
23 DBPR, supra note 13.
24
S. 477.019(7)(a), F.S.
25
S. 477.019(1)(c), F.S.
26 OBPR, supra note 16.
27 S. 477.013, F.S.
2a R. 6185-29.001, F.A.C.
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To qualify for a specialist registration, the applicant must: 29
• be at least 16 years old;
• register with DBPR and pay the $75 registration fee; and
• obtain a certificate of completion from an approved specialty education program, consisting of:
o 240 hours of training for a nail specialty,
o 260 hours of training for a facial specialty, and
o 500 hours of training for a full specialty. 30
Currently, a person who applies polish or paint to fingernails and toenails or makeup for compensation
needs a cosmetology or specialty license. 31
There are 40,355 nail specialists, 29,556 facial specialists, and 33,257 full specialists. In fiscal year 2018-
2019, for nail specialists, DBPR received 142 complaints and took 81 disciplinary actions; for facial
specialists, DBPR received 74 complaints and took 9 disciplinary actions; and for full specialists, DBPR
received 78 complaints and took 75 disciplinary actions. 32
Hair Braiding, Hair Wrapping, and Body Wrapping Registrations
'Hair braiding' means the "weaving or interweaving of natural human hair for compensation without cutting,
coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair
extensions or wefts. "33
'Hair wrapping' means the "wrapping of manufactured materials around a strand or strands of human hair,
for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically
treating, braiding, using hair extensions, or performing any other service defined as cosmetology." 34
'Body wrapping' means a "treatment program that uses herbal wraps for the purposes of cleansing and
beautifying the skin of the body, but does not include the application of oils, lotions, or other fluids to the
body, except fluids contained in presoaked materials used in the wraps, or manipulation of the body's
superficial tissue, other than that arising from compression emanating from the wrap materials." 35
A person who wishes to practice as a hair braider, hair wrapper, or body wrapper must: 36
• be at least 16 years old;
• register with DBPR and pay the $25 registration fee; and
• for hair braiders, take a two-day board-approved 16-hour course that consists of:
o 5 hours on HIV/AIDS and other communicable diseases,
o 5 hours on sanitation and sterilization,
o 4 hours on disorders and diseases of the scalp, and
o 2 hours on studies regarding laws affecting hair braiding;
• for hair wrappers, take a one-day board-approved 6-hour course that consists of education in:
o HIV/AIDS and other communicable diseases,
o sanitation and sterilization,
o disorders and diseases of the scalp, and
o studies regarding laws affecting hair wrapping;
• for body wrappers, take a two-day board-approved 12-hour course that consists of education in:
o HIV/AIDS and other communicable diseases,
o sanitation and sterilization,
29
S. 477.0201, F.S.
3
°Ch. 61G5-22, F.A.C.
31
Texas currently allows makeup application for compensation without a license. Tex. 0cc. Code Ann§ 1602.003(b)(3) c,Nest 2015).
32
DBPR, supra note 13.
33
S. 477.013(9), F.S.
34
S. 477.013(10), F.S.
35 S. 477.013(11), F.S.
36
Described in ss. 477.013 and 477.0132, F.S.
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o disorders and diseases of the skin, and
o studies regarding laws affecting body wrapping. 37
Continuing education is not required of hair braiders, hair wrappers, and bodywrappers. 38 Hair braiding,
hair wrapping, and body wrapping are not required to be performed in a licensed salon. 39
There are 4,882 hair braiders, 1,183 hair wrappers, and 6,883 body wrappers. In fiscal year 2018-2019, for
hair braiders, DBPR received 37 complaints and took 13 disciplinary actions; for hair wrappers, DBPR
received 3 complaints and took 2 disciplinary actions; and for body wrappers, DBPR received 4 complaints
and took no disciplinary actions. 40 These actions generally do not involve consumer injury, but are technical
scope of practice violations (e.g., practicing with an expired license or failing to timely renew the license). 41
Cosmetology Salons
In Florida, cosmetology and specialty salons must be licensed. 42 Such salons are inspected periodically by
DBPR, in accordance with sanitary standards set forth by the Board of Cosmetology. 43
Generally, all cosmetology services must be performed in a licensed cosmetology or specialty salon and be
performed by a properly licensed professional. 44 However, there are limited exceptions that allow certain
services to be performed outside of a salon. Exceptions to this requirement include when services are
performed for: 45
• a special event46 by a properly licensed person who is employed by a licensed salon.
o Arrangements for the performance of such cosmetology services must be made through a
licensed salon.
• a client for reasons of ill health is unable to go to a licensed salon.
o Arrangements for the performance of such cosmetology services must be made through a
licensed salon.
• the motion picture, fashion photography, theatrical, or television industry; a photography studio
salon; a manufacturer trade show demonstration; or an educational seminar.
Effect of the Bill
The bill reduces the amount of training hours required for specialty registrations to:
• 150 hours from 240 hours for nail specialists,
• 165 hours from 260 hours for facial specialists, and
• 300 hours from 500 hours for full specialists.
The bill requires that such training hours focus on sanitation and safety.
The bill removes all licensure and regulatory requirements47 for:
• hair braiders,
• hair wrappers,
37 Courses for hair braiding, hair wrapping, and body wrapping generally cost between $75 and $250. Examples
include:1 STOPCEU.com, Home, https://www.1stopceu.com/ (last visited Dec. 19, 2019); and JT's Beauty Shop, Inc., Florida State
Certified Courses (Theory), http://www.jtbeautysalon.com/courses.html (last visited Dec. 19, 2019).
3s S. 477.019(7)(b), F.S.
39 S. 477.0132(2), F.S.
40 Email from Colton Madill, Deputy Legislative Affairs Director, Florida Department of Business and Professional Regulation, RE:
License Numbers (Mar. 16, 2019).
41 Florida Department of Business and Professional Regulation, Agency Analysis of 2017 Senate Bill 802, 4 (March 2, 2017).
42
S. 477.025(1), F.S.
43 S. 477.025(9), F.S.; Ch. 61G5-20, F.A.C.
44 S. 477.0263(1), F.S.
45 S. 477.0263(2)-(4), F.S.
46 Defined by board rule as a wedding or fashion shows. R. 61G5-20.0015(1), F.A.C.
47 The bill also makes conforming changes to cross-references.
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• body wrappers,
• nail polishers or painters, and
• makeup applicators.
The bill expands the scope of hair braiding to include weaving or interweaving commercial hair without the
use of adhesives or bonders and the ability to use extensions or wefts, which will also be allowed to be
performed without a license.
The bill reduces the amount of biennial continuing education required of cosmetologists and specialists for
license renewal from 16 hours to 10 hours.
The bill also removes the requirement that a licensed cosmetologist must work through a salon for special
events, thus allowing cosmetology services to be performed in connection with a special event by a
licensed professional who is not employed by a licensed salon. It also removes the requirement that an
appointment for a special event must be made through a licensed salon.
The bill allows hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and
nail cleansing to be performed outside of a salon by a properly licensed professional who is not employed
by a licensed salon, regardless of whether the service is in connection with a special event.
The bill allows full license reciprocity in Florida for applicants who hold a cosmetology or specialty license
in another state.
Auctioneers and Auctioneer Apprentices
Background
Auction businesses, auctioneers, and apprentice auctioneers are licensed and regulated in accordance
with part VI of ch. 468, F.S., and by the Florida Board of Auctioneers within DBPR.
A license is required before any person can auction or offer to auction any property in this state, and the
auctioneer practice act applies to all auctions in the state, with certain exceptions. 48
In order to qualify for licensure as an auctioneer, an applicant must:
• be 18 years or older;
• not have committed any act or offense in the state or any other jurisdiction which would constitute a
basis for disciplinary action in Florida;
• have held an apprentice license and have served as an apprentice for 1 year or more, or have
completed a course of study, consisting of not less than 80 classroom hours of instruction, that
meets standards adopted by the board; and
• pass the required examination.
At the time of application, applicants for an auctioneer license must pay an initial licensing fee of $205. The
biennial renewal fee is $155. 49
An auctioneer may be disciplined or have a civil action brought against them by DBPR for one of the
following violations: 50
• violating any trade or commerce law;
• misrepresenting property for sale at auction;
• failing to return money or property within 30 days of control of such money or property;
• false, deceptive, misleading, or untruthful advertising;
4
a S. 468.385(2), 383, F.S.
49
DBPR, supra note 13.
so S. 468.389, F.S.
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• bad faith or dishonesty in a sales transaction;
• using false bidders, cappers, or shills;
• comingling auction monies with personal money;
• refusing or neglecting to pay public moneys into the State Treasury when prescribed by law; and
• other violations of the practice act.
An auctioneer commits a third degree felony for certain violations of the practice act, including: 51
• failing to return money or property within 30 days of control of such money or property;
• bad faith or dishonesty in a sales transaction;
• using false bidders, cappers, or shills;
• comingling auction monies with personal money; and
• refusing or neglecting to pay the public moneys into the State Treasury when prescribed by law.
There is no continuing education requirement for auctioneers or auctioneer apprentices.
An 'auction business' is a "sole proprietorship, partnership, or corporation which in the regular course of
business arranges, manages, sponsors, advertises, promotes, or carries out auctions, employs auctioneers
to conduct auctions in its facilities, or uses or allows the use of its facilities for auctions." 52
Currently, there are 2,611 licensed auctioneers and 41 auctioneer apprentices. In fiscal year 2018-2019,
DBPR received 90 complaints against auctioneers, and issued 24 disciplinary orders. There was only 1
disciplinary action against an auctioneer apprentice. 53
Effect of the Bill
The bill repeals all provisions which require auctioneers, auctioneer apprentices, and auctioneer
businesses to be licensed and regulated by DBPR.
The bill maintains current law related to civil and criminal causes of action against auctioneers for failing to
comply with statutory requirements.
Talent Agencies
Background
Talent agencies are regulated by part VII of ch. 468, F.S. A talent agency is defined as "[a]ny person who,
for compensation, engages in the occupation or business of procuring or attempting to procure
engagements for an artist." 54 Individuals are prohibited from owning, operating, soliciting business, or
otherwise engaging in or carrying on the occupation of a talent agency in this state unless the person first
obtains licensure for the talent agency. 55
To qualify for a talent agency license, each owner and operator must be of good moral character and
identify financial interests in any other business of like nature. 56 For a determination of good moral
character, each application must include a full set of fingerprints of each owner and operator, and if the
talent agency is a corporation, each principal officer, so that DBPR may conduct a full fingerprint and police
records search. 57
51 S. 468.391, F.S.
52 S. 468.382(1), F.S.
53
DBPR, supra note 13.
54
S. 468.401, F .S.
55 S. 468.403(1), F.S.
56
S. 468.405, F.S.
57
S. 467.403(3), F.S.
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At the time of application, applicants for a talent agency license must pay an initial licensing fee of $705.
The biennial renewal fee is $405. 58
Licensed talent agencies are required to: 59
• File an itemized schedule of maximum fees, charges, and commissions;
• Pay to the artist all money collected from an employer for the benefit of an artist within five business
days after receipt of the money;
• Display a copy of the license conspicuously in the place of business;
• File a bond with DBPR in the form of a surety for the penal sum of $5,000, which may be drawn
upon if a person is aggrieved by the misconduct of the talent agency;
• Maintain records including the application, registration, or contract of each artist;
• Provide a copy of the contract to the artist within 24 hours of the contract's execution; and
• Comply with talent agency regulations and prohibitions.
Licensed talent agencies are prohibited from: 60
• Charging the artist a registration fee;
• Requiring the artist to subscribe to, purchase, or attend any publication, postcard service,
advertisement, resume service, photography service, school, acting school, workshop, or acting
workshop; and
• Sexual misconduct.
Section 468.413, F.S., provides criminal penalties for:
• Operating a talent agency without a license;
• Obtaining a license through misrepresentation;
• Assigning a license to another individual;
• Relocating a talent agency without notifying the DBPR;
• Failing to provide information on an application regarding related businesses;
• Failing to maintain records;
• Requiring an artist to subscribe to, purchase, or attend any publication, postcard service,
advertisement, resume service, photography service, school, acting school, workshop, or acting
workshop;
• Failing to provide a copy of the contract to an artist;
• Failing to maintain a record sheet; and
• Knowingly sending an artist to an employer the licensee knows to be in violation of the laws of
Florida or of the United States.
For the 2018-2019 Fiscal Year, there were 418 talent agents in the state. DBPR received 58 complaints
against talent agents, and did not take any disciplinary actions against talent agents. 61
Effect of the Bill
The bill repeals all provisions which require talent agents to be licensed and regulated by DBPR. However,
talent agent will still be required to maintain a bond.
58 DBPR, supra note 13.
59 Ss. 468.406, 410, F.S.
60
S. 468.410, F.S.
61
DBPR, supra note 16.
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The bill still requires talent agents to comply with the following requirements:
• Fee posting;
• Schedule posting;
• Maintenance of specific records;
• Obtaining a bond; and
• Contract provisions and availability.
The bill requires bonding agencies to refuse to issue talent agency bonds to a talent agency if any of its
owners or operators have been convicted of sexual offender or sexual predator crimes. The bill also
requires that a criminal history check be performed prior to issuing or renewing the bond.
The bill maintains civil and criminal causes of action against talent agents for failure to comply with
statutory requirements.
Interior Designers
Background
Interior designers and related business organizations are regulated by part I of ch. 481, F.S., and by the
Board of Architecture and Interior Design.
Generally, 'interior design' means "designs, consultations, studies, drawings, specifications, and
administration of design construction contracts relating to nonstructural interior elements62 of a
[commercial] building or structure." 63 Interior designers have the ability to sign, date, and seal drawings
("sign and seal"), plans, specifications, and reports filed for public record and for filings with local building
departments to obtain a building permit related to interior design. 64
'Interior decorating,' which is differentiated from 'interior design' under Florida law and does not require a
license, is limited to the selection or assistance in selection of surface materials, window treatments,
wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose
furnishings not subject to regulation under applicable building codes.
Licensure
To practice interior design, an applicant must:
• Complete the licensure application and pay a $30 fee, 65
• Have a combination of 6 years of relevant education and experience (which must include at least 2
years of education), and
• Pass the licensure examination.
The required examination in Florida is a 3-part national examination administered by the National Council
for Interior Design Qualification (NCIDQ), at a cost of $1,325, including the application fee. 66 Requirements
to sit for the NCIDQ, including education and experience requirements, mirror Florida's licensure
prerequisites. 67
Interior designers must complete 20 hours of continuing education each biennium to renew their license. 68
62 "Nonstructural element" means an element which does not require structural bracing and which is something other than a load-
bearing wall, load-bearing column, or other load-bearing element of a building or structure which is essential to the structural integrity of
the building. S. 481.203(10), F.S.
63
S. 481.203(8), F.S.
64
S. 481.221, F.S.
65 R. 6181-17.002, F.A.C.
66 Council for Interior Design Qualification, Fees and Fonns, https://www.cidq.org/fees (last visited Dec. 19, 2019).
67 Council for Interior Design Qualification, Eligibility Requirements, https://www.cidq.org/paths (last visited Dec. 19, 2019).
68 R. 6181-21.001, F.A.C.
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The biennial renewal fee for an interior designer is $100. 69
Business entities or persons operating under fictitious names offering interior design services must also
obtain a certificate of authorization. At least one principal officer or partner and all personnel who act on the
business entity's behalf in the state must be registered interior designers. The initial license fee for a
certificate of authorization is $75 and the biennial renewal fee is $100. 70
Exemptions
Florida law exempts the practice of residential interior design from licensure requirements. 71 However, s.
481.223(1 )(c), F.S., prohibits any unlicensed actor from ever using the title 'interior designer' or words to
that effect. In 2010, this provision was found to be an unconstitutional restriction on free speech based on
the exemption for residential interior design. 72 Other constitutional challenges of licensure requirements
based on claims of limitations on 1st amendment free speech, 73 interstate commerce, 74 and violations of
due process and equal protection, have not been successful. 75
Other unlicensed individuals are also exempted from licensure requirements, including interior decorators,
employees of retail establishments providing interior decorator services 76 on the premises of the retail
establishment or in the furtherance of a retail sale or prospective retail sale, and a manufacturer of
commercial food service equipment who prepares designs, specifications, or layouts for the sale or
installation of such equipment. 77
Other States
Florida is one of 6 U.S. states or territories requiring interior designers to be licensed. Approximately 20
other states offer title acts, allowing only candidates meeting statutory requirements to hold themselves out
as 'registered interior designers.' 78
For the 2018-2019 Fiscal Year, there were 2,831 licensed interior designers and 978 interior design
business licenses. DBPR received 3 complaints against interior designers, and took 5 disciplinary actions.
There was 1 disciplinary action against an interior design business. 79
Effect of the Bill
The bill repeals all licensure and regulatory requirements for interior designers and interior design
businesses. 80
69 DBPR, supra note 13.
7o R. 61G1-17.002, F.A.C.
71 S. 481.229(6)(a), F.S.
72 Locke v. Shore, 682 F.Supp.2d 1283, 1295 (N.D.Fla., 2010).
73 Locke v. Shore, 634 F.3d 1185, 1191 (11th Cir. 2011 )("Because the license requirement governs 'occupational conduct, and not a
substantial amount of protected speech,' it does not implicate constitutionally protected activity under the First Amendment.").
74 Id. at 1193 ("Out-of-state unlicensed interior designers may practice in commercial settings in Florida 'under the instruction, control or
supervision' of a licensed architect or while 'acting as a contractor in the execution of work designed by an architect.").
75 Id. at 1196 ("Thus, the fact that, after Florida passed its license requirement, other states have considered and rejected the notion
that the unlicensed practice of interior design poses safety concerns, is of no consequence.").
76
S. 481.203(15), F.S. Services limited to the selection or assistance in selection of surface materials, window treatments,
wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings are not subject to
regulation under applicable building codes.
77
S. 481.229(6), F.S.
78 International Interior Design Association, Interior Design Laws, http://advocacy.iida.org/#interiordesignlaws (last visited Dec. 19,
2019).
79 DBPR, supra note 16.
80
The bill also makes conforming changes to cross-references.
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The bill allows interior designers who have passed the NCIDQ examination or the California Council for
Interior Design Certification, or have previously held a license to practice interior design from DBPR, to
submit plans for interior design to a local permitting agency if such agency requires such plans.
The bill changes the name of the Board of Architecture and Interior Design to the Board of Architecture,
and removes the interior design members from the board to reflect the deregulation of interior design.
Architecture
Background
Architects and related business organizations in the state are regulated by ch. 481, pt. I, F.S., and by the
Board of Architecture and Interior Design.
"Architecture services" means the rendering or offering to render services in connection with the design
and construction of a structure or group of structures which have as their principal purpose human
habitation or use, and the utilization of space within and surrounding such structures. These services
include planning, providing preliminary study designs, drawings and specifications, job-site inspection, and
administration of construction contracts. 81
To practice architecture, an applicant must: 82
• Complete the licensure application and pay a $35 fee, 83
• Complete a bachelor's or master's degree from an accredited architecture program,
• Complete the national architectural experience program, which takes approximately 2 years, and
• Pass the national licensure examination given by the National Council of Architectural Registration
Boards.
An architecture business corporation, limited liability company, or partnership offering architecture services
to the public must obtain a certificate of authorization. 84 One or more of the principal officers of the
corporation or limited liability company, or one or more partners of the partnership, must be a licensed
architect. Applicants for an architecture business certificate of authorization must pay an application fee of
$35. The biennial renewal fee is $100. 85 There is no requirement on the business entity other than to obtain
licensure and there are no inspection requirements.
Architects must complete 24 hours of continuing education every 2 years. Of those hours, 2 must be
devoted to specialized or advanced courses on the Florida Building Code. 86
For 2018-2019 Fiscal Year, there were 11,357 architects and 3,026 architecture businesses in the state.
DBPR received 42 complaints against architects, and took 36 disciplinary actions. 87 DBPR received 15
complaints against architecture businesses, and took 3 disciplinary actions.
Effect of the Bill
The bill removes the requirement that architects obtain a separate business license (certificate of
authorization), but continues to allow architecture firms to operate in the state. The bill provides that a
licensed architect may qualify their architect business, and agree to serve as a qualifying architect for such
business. The qualifying agent must ensure responsible supervisory control of all projects of the business
organization.
0 1 S. 481.206(6), F.S.
82 Ss. 481.209, 481.211, and 481.213, F.S.
83 R. 6181-17.002, F.A.C.
84
S. 481.219(2)-(3), F.S.
0s Rr. 6181-17.001, 17.002, F.A.C.
86
S. 481.215(5), F.S.; R. 6181-24.001, F.A.C.
87 DBPR, supra note 13.
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If an architect leaves or otherwise changes their relationship with the business, he or she must inform the
Board of Architecture of such within 30 days. If the departing architect was the only qualifier, the
architecture business will need a replacement qualifying architect within 60 days to continue to operate.
The bill removes the requirement that a portion of continuing education courses must be devoted to the
Florida Building Code.
Professional Engineers
Background
The practice of engineering is regulated by ch. 471, F.S., and by the Florida Board of Professional
Engineers (FBPE). Unlike most DBPR professions, the administrative, investigative, and prosecutorial
services for FBPE are not provided by DBPR. DBPR contracts with Florida Engineers Management
Corporation (FEMC), a non-profit corporation, to provide such services.BB
In order to be licensed as a professional engineer, a person must successfully pass two examinations:B9
• the fundamentals examination, and
• then, the principles and practices examination.
Prior to being permitted to sit for the fundamentals examination, an applicant is required to have graduated
from an approved engineering curriculum of 4 years or more in a FBPE approved school, college, or
university, and have a record of 4 years of active engineering experience. 90
A person who is licensed in another state is eligible for a professional engineering license by endorsement
in Florida if they: 91
• have graduated from an FBPE-approved engineering program, have passed a licensing
examination that is substantially equivalent to the fundamentals examination and principles and
practice examination, and have satisfied the experience requirements; or
• hold a valid license to practice 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 this state at the time the license was issued.
FBPE deems that an applicant who seeks licensure by endorsement has passed an examination
substantially equivalent to the fundamentals examination when such applicant has held a valid professional
engineer's license in another state for 15 years and has had 20 years of continuous professional-level
engineering experience. 92
FBPE also deems that an applicant who seeks licensure by endorsement has passed an examination
substantially equivalent to the fundamentals examination and the principles and practices examination
when such applicant has held a valid professional engineer's license in another state for 25 years and has
had 30 years of continuous professional-level engineering experience. 93
For the 2018-2019 Fiscal Year, there were 36,526 professional engineers. FBPE received 195 complaints
against professional engineers, and took 92 disciplinary actions. The initial licensing fee is $230, and the
biennial renewal fee is $98.75. 94
88 S. 471.038(3), F.S.
89 S. 471.013, F.S.
90 Id.
91
S. 471.015(3), F.S.
92 S. 471.015(5), F.S.
93 Id.
94
Florida Engineers Management Corporation, 2019 Annual Report, 2, https://fbpe.org/wp-content/uploads/2019/09/2018-19-FEMC-
Annual-Report.pdf (last visited Jan. 9, 2020); DBPR, supra note 13.
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Effect the Bill
The bill reduces the number of years that a professional engineer must be licensed in another jurisdiction in
order to be deemed to have passed the licensure examinations for a license by endorsement. If such
applicant has been licensed in another jurisdiction for:
• 10 years, they are deemed to have passed the fundamentals examination;
• 15 years, they are deemed to have passed both the fundamental examination and the principles
and practices examination.
Landscape Architecture
Background
Landscape architects and related business organizations are regulated by ch. 481, pt. II, F.S., and by the
Board of Landscape Architecture (BLA).
"Landscape architecture services" means consultation for and preparation of planting plans drawn for
compensation, including specifications and installation details for plant materials, soil amendments,
mulches, edging, gravel, and other similar materials. 95
In order to be licensed as a landscape architect, a person must:
• complete:
o a landscape architecture degree program approved by the Landscape Architectural
Accreditation Board (LAAB), or
o 6 years of practical experience, with some credit available for education credits; 96
• pass the nationally recognized Landscape Architecture Registration Examination (LARE); 97 and
• have 1 year of practical experience, not including any experience used to qualify to take the
examination. 98
For 2018-2019 Fiscal Year, there were 1,627 landscape architects. DBPR received 39 complaints against
landscape architects, and did not take any disciplinary actions. The initial licensing fee is $230, and the
biennial renewal fee is $230. 99
A person who is licensed in another state is eligible for a landscape architecture license by endorsement in
Florida if they: 100
• have graduated from an approved program or have 6 years of related experience, have an
additional year of practical experience, and have passed a licensing examination which is
substantially equivalent to the LARE; or
• hold a valid license to practice landscape architecture issued by another state or territory of the
United States, if the criteria for issuance of such license were substantially identical to the
licensure criteria which existed in this state at the time the license was issued.
If an applicant for a license by endorsement has been licensed for at least 5 years in another jurisdiction
without disciplinary history, such applicant does not have to complete the additional year of practical
experience. 101
95 S. 481.303(7), F.S.
96
S. 481.309(1)(b), F.S.
97 R. 61810-11.001, F.A.C.
98
S. 481.310, F.S.
99 DBPR, supra notes 13 and 16.
100 S. 481.311(3), F.S.
101 R. 61G10-11.004(2)(e), F.A.C.
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A landscape architecture corporation or partnership may offer landscape architecture services if:
• one or more of the principles of the corporation, or partners in the partnership, is a licensed
landscape architect; and
• the corporation or partnership has been issued a certificate of authorization by the board. 102
Applicants for a landscape architecture business certificate of authorization must pay an application fee
and initial licensure fee of $455 and a biennial renewal fee of $342.50. 103 Currently, there are 358
landscape architecture businesses. 104
Continuing Education
Landscape architects must complete 16 hours of continuing education every 2 years. Continuing education
courses and providers must be approved by the BLA. 105
For continuing education provider approval, the BLA requires that the applicant must be professionally
associated with the practice or education of landscape architecture, and that the applicant submit certain
identifying information about their organization. Certain organizations, such as the American Society of
Landscape Architects (ASLA), Florida Department of Transportation, and state colleges and universities in
Florida, are deemed approved providers. 106
The BLA currently individually approves each continuing education course. For continuing education
course approval, the BLA requires: 107
• a description of the subject or subjects to be covered;
• an outline of the course which includes the subjects, topics, and subtopics to be presented;
• a current bibliography;
• the names of each proposed instructor and alternate instructor with his or her resume;
• the total hours of instruction which will be given; and
• if the course is to be delivered by distanced learning, the means by which the course will
demonstrate student involvement, and addresses comprehension of content at regular intervals.
The Landscape Architecture Continuing Education System (LACES) is a collaboration of several national
landscape architecture organizations, including the ASLA and LAAB, which establishes, maintains, and
enforces standards for evaluating professional development and continuing education programs for
landscape architects. LACES approves and registers landscape architecture courses that cover a broad
range of subject matter, including health, safety, and welfare. 108 Florida does not currently allow licensees
to obtain credit through this system for courses that have not been independently approved by BLA. 109
Effect of the Bill
The bill provides that an applicant who holds both a bachelor's degree of landscape architecture and a
master's degree of landscape architecture does not have to demonstrate 1 year of practical experience in
landscape architecture to qualify for licensure.
102 S. 481.319(1), F.S.
103 R.
61G10-12.002, F.A.C.
104 DBPR, supra note 13.
1os Ss. 455.2179(1 ), 481.313(3),(4), F.S.
100 R. 61G10-18.002, F.A.C.
107
R. 61G10-18.006, F.A.C.
108
Landscape Architecture Continuing Education System, About Us, https://laces.asla.org/AboutUs.aspx (last visited Dec. 19, 2019).
109
Landscape Architecture Continuing Education System, Find Your State Licensure Laws & Boards,
https://www.asla.org/StateGovtAffairsLicensure.aspx (last visited Dec. 19, 2019).
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The bill provides that a person licensed in another state is also eligible for a license by endorsement in
Florida if they have:
• held a valid license to practice landscape architecture in another state or territory of the United
States for at least 10 years before the date of application,
• successfully completed an examination that is equivalent to or more stringent than the LARE, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.
The bill also provides that an applicant who has met the requirements to be qualified for a license by
endorsement except for successful completion of an examination that is equivalent to, or more stringent
than the LARE examination, may take the LARE without completing additional education requirements.
The bill removes the requirement that landscape architecture businesses obtain a separate license to
operate, while still continuing to allow such businesses to operate in the state. Instead, a licensed
landscape architect must apply to qualify the business organization as a qualifying agent in order to
engage in the practice of landscape architecture as a business organization. The qualifying agent must
provide notice to DBPR within one month of any change in the information contained in the license
application.
The bill allows landscape architects to receive hour-for-hour continuing education credit for attending
courses that relate to and increase the basic knowledge of landscape architecture as determined by the
BLA, offered through LACES, or any other nationally recognized clearinghouse for continuing education,
without separate course and provider approval. The landscape architect must submit the syllabus or outline
for the course, and proof of attendance of the course, to the BLA to receive credit.
Geology
Background
Geology is regulated by ch. 492, F.S., and by the Board of Professional Geologists. The practice of
geology in Florida includes the performance of, or offering to perform, geological services, including, but
not limited to, consultation, investigation, evaluation, planning, and geologic mapping. 110
In order for a person with a license in another state to be eligible for a license by endorsement in Florida,
an applicant must: 111
• be at least 18 years of age;
• not have committed any act or offense which would constitute the basis for disciplining a Florida
professional geologist;
• have graduated with a degree in geology, or other degree acceptable to the board with at least 30
semester hours or 45 quarter hours of geological coursework;
• have at least 5 years of professional geological work experience;
• have an active license in good standing in a jurisdiction of the United States;
• have passed an examination which has been approved by the board as substantially equivalent to
or more stringent than that of Florida; and
• have successfully passed the laws and rules examination.
However, DBPR may not issue a license to any applicant who is under investigation in any jurisdiction for
an offense which would constitute a violation of the practice act.
110
S. 492.102(7), F.S.
111
S. 492.108, F.S.
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For the 2018-2019 Fiscal Year, there were 2,213 geologists. DBPR received 2 complaints against
geologists, and did not take any disciplinary actions. The initial licensing fee is $500, and the biennial
renewal fee is $125. 112
A firm, corporation, or partnership may offer geology services to the public if:
• the entity has on file the name and license number of its affiliated licensed geologists;
• the entity has been issued a certification of authorization by DBPR;
• all final geological documents prepared or approved for the use of the entity shall be dated and
signed and sealed by the licensed geologist;
• the entity is not relieved of personal liability due to a licensed geologist practicing at the entity;
• the entity files an application with DBPR. 113
Any change in the business operating relationship between the business organization and the qualifying
geologist must be reported to DBPR within 30 days.
Applicants for a geology business certificate of authorization must pay an application fee of $350 and a
biennial renewal fee of $350. 114
Effect of the Bill
The bill allows a person licensed in another state to also qualify for a license by endorsement in Florida if
they have:
• held a valid license to practice geology in another state, trust, territory, or possession of the United
States for at least 10 years before the date of application,
• successfully completed a state, regional, national, or other examination that is equivalent to or more
stringent than the Florida examination, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.
If such applicant has met the requirements for a license by endorsement except successful completion of
an examination that is equivalent to or more stringent than the examination required by the board, such
applicant may take the examination required by the board.
The bill removes the requirement that geology businesses obtain a separate license to operate, while
continuing to allow such organizations to continue to operate in the state. Instead, a licensed geologist
must apply to qualify the business organization as a qualifying agent if he or she proposes to engage in the
practice of geology as a firm, corporation, or partnership. A qualifying agent is required to update DBPR of
any changes in the relationship between himself or herself and the business organization within 30 days.
Asbestos Abatement Business Organization
Background
Asbestos consultants and contractors are regulated by ch. 469, F.S. Asbestos abatement means the
removal, encapsulation, enclosure, or disposal of asbestos. 115
11
2 DBPR, supra note 13.
113
S. 481.319(1), F.S.
114
R. 61G10-12.002, F.A.C.
115
S. 469.001(1), F.S.
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An asbestos consultant may:
• conduct an asbestos survey,
• develop an operation and maintenance plan,
• monitor and evaluate asbestos abatement, and
• prepare asbestos abetment specifications. 116
An asbestos contractor may perform the work of an asbestos consultant and also conduct asbestos
abatement work. 117
For the 2018-2019 Fiscal Year, there were 453 asbestos professionals in the state. DBPR received 6
complaints against asbestos professionals, and did not take any disciplinary actions. The initial licensing
fee is $250, and the biennial renewal fee is $155. 118
If an asbestos consultant or contractor practices through a business organization, the business
organization must be licensed as an asbestos abatement business. Each licensed business organization
must have a qualifying agent that is licensed under ch. 469, F.S. If the qualifying agent terminates his or
her affiliation with the business organization and is the only qualifying agent for the business organization,
another qualifying agent must qualify the business organization within 60 days after the termination, and
may not engage in the practice of asbestos abatement until it is qualified. 119
Applicants for an asbestos abatement business license pay an application fee of $300, an initial licensure
°
fee of $250. The biennial renewal fee is $255. 12 For the 2018-2019 Fiscal Year, DBPR received no
complaints against asbestos abatement businesses, and did not take any disciplinary actions. 121
Effect of the Bill
The bill removes the requirement for asbestos abatement licensees to obtain a separate license for an
asbestos abatement business organization. Instead, if an applicant wants to practice under a firm offering
asbestos abatement services, the qualifying agent must apply and have the license issued in his or her
name, and the business organization name must be noted on the license. The qualifying agent must still be
a licensed asbestos abatement professional, and must prove they are qualified to supervise and are
financially responsible.
The bill does not amend the responsibilities of licensees under ch. 469, F.S., or otherwise effect the
obligations of asbestos abatement consultants or contractors.
Veterinary Medicine
Background
Veterinary medical practice is regulated by ch. 474, F.S., and by the Board of Veterinary Medicine. 122
A veterinarian is a health practitioner licensed by the board to engage in the practice of veterinary medicine
in Florida, 123 which is the diagnosis of medical conditions of animals, and the prescribing or administering
116
S. 469.003, F.S.
117
S. 469.003(3), F.S.
118
DBPR, supra note 13.
119
S. 469.006, F.S.
120
R. 61 E1-3.001, F.A.C.
121
DBPR, supra note 13.
122
See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the board.
123 Sees. 474.202(11), F.S.
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of medicine and treatment to animals for the prevention, cure, or relief of a wound, fracture, bodily injury, or
disease, or holding oneself out as performing any of these functions. 124
To become a licensed veterinarian, an applicant must have:
• graduated from a college of veterinary medicine accredited by the American Veterinary Medical
Association Council on Education (AVMAE); or from a college of veterinary medicine listed in the
American Veterinary Medical Association Roster of Veterinary Colleges of the World (AVMARVC)
and obtained a certificate from the Education Commission for Foreign Veterinary Graduates;
• successfully completed the North American Veterinary Licensing Examination (NAVLE), or an
examination determined by the board to be equivalent; and
• successfully completed an examination of the laws and rules governing the practice of veterinary
medicine in Florida. 125
For the 2018-2019 Fiscal Year, there were 11,522 veterinarians. DBPR received 447 complaints against
veterinarians, and took 79 disciplinary actions. The initial licensing fee is $100, and the biennial renewal fee
is $265. 126
The Program for the Assessment of Veterinary Education Equivalence (PAVE) is a common alternative
pathway for graduates of international, non-accredited programs to practice in the United States. PAVE
evaluates such programs on behalf of participating American Association of Veterinary State Boards. 127
A person who is licensed in another state or country is eligible for a license by endorsement in Florida if
they:12s
• successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida; and
• either:
o hold a valid license to practice veterinary medicine in another jurisdiction of the United
States for the 3 years immediately preceding the application for licensure, provided that the
requirements for licensure are equivalent to or more stringent than a Florida license; or
o have graduated from an AVMAE or AVMARVC program and have successfully completed
an examination which is equivalent to or more stringent than the NAVLE.
DBPR may not issue a license by endorsement to any applicant who is under investigation in any state,
territory, or the District of Columbia for an act which would constitute a violation of the practice act until the
investigation is complete and disciplinary proceedings have been terminated. 129
A "limited-service veterinary medical practice" means offering or providing limited types of veterinary
services for a limited time at any location that has a primary purpose other than providing veterinary
medical service at a permanent or mobile establishment. Such practice must provide veterinary medical
services for privately owned animals that do not reside at that location. 130 Such practice must obtain a
permit and must register each location where a limited service clinic is held. A licensed veterinarian must
supervise the limited practice. 131
124
Sees. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
12s R. 61G18-11.002, F.A.C.
12s DBPR, supra notes 13 and 16.
127
American Association of Veterinary State Boards, International Pathways, https://www.aavsb.org/pave/ (last visited Mar. 14, 2019).
128 S. 474.217(1), F.S. .
129 S. 474.217(2), F.S.
130
S. 474.202(6), F.S.
131
S. 474.215(7)-(8), F.S.
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The board establishes minimum standards for the operation of limited service veterinary medical
practices. 132 The board has authorized by rule such practices to perform microchipping, 133 vaccinations,
immunizations, and parasitic control. 134
Employees, agents, or contractors of animal shelters, humane organizations, or animal control agencies
operated by a humane organization or by a county, municipality, or other incorporated political subdivision,
may not perform microchipping procedures on cats and dogs unless they are a veterinarian or a
veterinarian is supervising the procedure. 135
Effect of the Bill
The bill allows graduates of a veterinary medicine program recognized by the PAVE to be eligible for
licensure as a veterinarian.
The bill codifies the current board rule allowing limited service veterinary practices to perform
microchipping, vaccinations, immunizations, and parasitic control. The bill also allows employees, agents,
or contractors of animal shelters, humane organizations, or animal control agencies operated by a humane
organization or by a county, municipality, or other incorporated political subdivision to perform
microchipping services on cats and dogs without veterinarian supervision.
The bill allows applicants for a license by endorsement who have been licensed in a jurisdiction of the
United States for 3 years to also be eligible for licensure in Florida as long as they have completed a
licensing examination that is equivalent to or more stringent than the NAVLE.
Construction Contractors
Background
Construction contractors are regulated by part I of ch. 489, F.S., and by the Construction Industry Licensing
Board (CILB).
In order to become a construction contractor, an applicant must meet the following criteria: 136
• be of good moral character;
• be at least 18 years of age;
• successfully pass the certification examination; and
• meet eligibility requirements according to a combination of education and experience as approved
by the board, which must include at least 1 year of related experience.
For the 2018-2019 Fiscal Year, there were 90,536 construction contractors. DBPR received 8,873
complaints against construction contractors, and took 1,323 disciplinary actions. The initial licensing fee is
$245, and the biennial renewal fee is $205. 137
By CILB rule, when an applicant passes an examination and wishes to use those test scores for a license
upgrade or a different license type, such passage is only valid for 4 years. 138
132
S. 474.215(7), F.S.
133 A microchip is a small, electronic chip enclosed in a glass cylinder which is injected under the skin of a pet. When a chip is scanned,
it transmits the pet's identification number, which is used in the manufacturer's microchip registry to find the owner. American Veterinary
Medical Association, Microchipping of Animals FAQ, https://www.avma.org/microchipping-animals-faq (last visited Dec. 19, 2019).
134 R. 61G18-15.007(1}, F.A.C.
13s Ss. 474.202(5), 823.15, F.S.
136
S. 489.111 (2)(c)1.-3., F.S.
137
DBPR, supra notes 13 and 16.
138
R. 61G4-16.005, F.A.C.
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A person who is licensed in another state is eligible for a license by endorsement in Florida if the: 139
• criteria for issuance of such license were substantially equivalent to Florida's current certification
criteria; or
• state or territory has entered into a reciprocal agreement with the board for the recognition of
contractor licenses issued in that state, based on criteria for the issuance of such licenses that are
substantially equivalent to the criteria for certification in this state.
An unlicensed person may perform work that falls under the scope of contracting if it is casual, minor, or
inconsequential in nature, and the aggregate contract price for all labor and materials is less than $1,000,
subject to certain requirements. This is generally called the "handyman exception." The "handyman
exception" was enacted in 1979 and the amount for the exception has not been increased since. 140
DBPR's umbrella chapter, ch. 455, F.S., allows DBPR or a board thereunder to deny a license based on
applicant's license disciplinary history in any jurisdiction. 141
Effect of the Bill
The bill clarifies that a licensure examination passage does not expire and may be used at any time to
qualify for another license type.
The bill allows an applicant for a license by examination who has a 4 year building construction degree, or
another degree approved by the CILB, to be deemed to have passed the licensure examination.
The bill allows an applicant to also qualify for a license by endorsement if they have:
• held a valid license to practice the same type of construction contracting in another state or territory
for at least 10 years before the date of application,
• complied with workers' compensation requirements, shown proof of financial health of their
business organization, and submitted fingerprints, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.
The bill expressly states that the CILB may evaluate an applicant's prior licensure disciplinary history when
making a decision to grant a license by endorsement.
The bill increases the maximum for the "handyman exception" to $2,500, from less than $1,000.
Electrical Contractors
Background
Electrical and alarm system contractors are regulated by part II of ch. 489, F.S., and by the Electrical
Contractor Licensing Board (ECLB).
In order to become an electrical contractor or alarm system contractor, a person must submit an application
to DBPR and meet the following criteria:
• be at least 18 years of age,
• be of good moral character,
• successfully pass the certification examination, and
• meet eligibility requirements according to a combination of education and experience as approved
by the board. 142
139 S. 489.115(3), F.S.
140
S. 489.103(9), F.S.
141
S. 455.227(1)(f), F.S.
2 s. 489.511 (1 )(a) and (b), F.S.
14
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For the 2018-2019 Fiscal Year, there were 14,058 electrical contractors. DBPR received 870 complaints
against electrical contractors, and took 248 disciplinary actions. The initial licensing fee is $300, and the
biennial renewal fee is $300. 143
Electrical contractors and burglar alarm contractors must complete 14 hours of continuing education each
biennium to renew their license. Such continuing education must include at least 7 hours on technical
subjects, 1 hour on workers' compensation, 1 hour on workplace safety, 1 hour on business practices, and
for alarm system contractors and electrical contractors engaged in alarm system contracting, 2 hours on
false alarm prevention. 144
A person who is licensed in another state is eligible for a license by endorsement in Florida if the:
• criteria for issuance of such license was substantially equivalent to Florida's current certification
criteria; or
• state or territory has entered into a reciprocal agreement with the board for the recognition of
contractor licenses issued in that state, based on criteria for the issuance of such licenses that are
substantially equivalent to the criteria for certification in this state.
Only examinations from North Carolina, California, and Georgia have been found to be substantially similar
to Florida. 145
A "burglar alarm system agent" means a person:
• Who is employed by a licensed alarm system contractor or licensed electrical contractor; and
• Whose specific duties include any of the following activities of alarm system contracting: altering,
installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring an intrusion or
burglar alarm system for compensation. 146
Before an electrical contractor or alarm system contractor may employ an agent, the agent must complete
a minimum of 14 hours of training from an ECLB approved provider, which includes basic alarm system
electronics in addition to related training including CCTV and access control training, with at least 2 hours
of training in the prevention of false alarms. 147
Effect of the Bill
The bill allows an applicant to also qualify for a license by endorsement if they have:
• held a valid license to practice electrical or alarm system contracting in another state or territory for
at least 10 years before the date of application,
• complied with workers' compensation requirements, shown proof of financial health of their
business organization, and has shown proof of good moral character, and
• made either when the applicant's license in another state or territory is active, or within 2 years of
when such license was last active.
The bill reduces the amount of continuing education required for electrical and alarm system contractors
every 2 years from 14 hours to 7 hours, and reduces the amount of required hours devoted to technical
subjects to 1 hour.
The bill allows burglar alarm system agents to have 90 days to complete their required 14 hour training
course after employment by an electrical or alarm system contractor.
143
DBPR, supra notes 13 and 16.
144
S. 489.517(4), F.S.
145
Florida Department of Business and Professional Regulation, Reciprocity and Endorsement, 6 (2018).
146
S. 489.505(25), F.S.
147
S. 489.518(1)(b), F.S.
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Building Code Administrators, Inspectors, and Plans Examiners
Building officials, inspectors, and plans examiners are regulated by part XII of ch. 468, F.S., and by the
Florida Building Code Administrators and Inspectors Board (BCAIB). 148
A building code administrator, also known as a building official, supervises building code activities,
including plans review, enforcement, and inspection. 149
A building code inspector inspects construction that requires permits to determine compliance with building
codes and state accessibility laws. An inspector's ability to practice is limited to the category or categories
in which the inspector has been certified. The inspector categories are:
• Building inspector,
• Coastal construction inspector,
• Commercial electrical inspector,
• Residential electrical inspector,
• Mechanical inspector,
• Plumbing inspector,
• One and two family dwelling inspector, and
• Electrical inspector. 150
A one and two family dwelling inspector may inspect and determine that one and two family dwellings and
accessory structures are constructed in accordance with the provisions of the building, plumbing,
mechanical, accessibility, and electrical codes. 151
A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. A plans examiner's ability to practice is limited to the category or categories the plans
examiner is certified in. The plans examiner categories are:
• Residential plans examiner,
• Building plans examiner,
• Plumbing plans examiner,
• Mechanical plans examiner, and
• Electrical plans examiner. 152
In order to become licensed, building code administrators, inspectors, and plans examiners must take a
licensing exam in the category in which they seek licensure.
In order to sit for the administrator exam, a person must be at least 18 years of age, be of good moral
character, and meet one of the following eligibility requirements: 153
• have 10 years of combined experience as an architect, engineer, plans examiner, building code
inspector, registered or certified contractor, or construction superintendent, with at least 5 years of
such experience in supervisory positions; or
• have a combination of no more than 5 years of postsecondary education in the field of construction
or related field and at least 5 years of experience as an architect, engineer, plans examiner,
building code inspector, registered or certified contractor, or construction superintendent; and
completed training on ethics and Florida laws relating to administrators.
148
S. 468.605, F.S.
149
S. 468.603(1), F.S.
150
S. 468.603(4), F.S.
151
S. 468.603(4)(f), F.S.
152
S. 468.603(7), F.S.
153
S. 468.609(3), F.S.
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In order to sit for the plans examiner or inspector exam, a person must be at least 18 years of age, be of
good moral character, and meet one of the following eligibility requirements: 154
• have 5 years of combined relevant experience;
• have 4 years of combined postsecondary education and relevant experience;
• have 4 years of combined technical education and relevant experience;
• complete an approved cross-training program and have at least 2 years of experience;
• hold a standard certificate issued by the BCAIB or a firesafety inspector license, and
o have at least 5 years of relevant experience as an inspector or plans examiner;
o have a minimum of 3 years of experience in inspection or plan review, and completed an
inspector or plans examiner training program in the new category sought;
o have a minimum of 5 years of experience in firesafety inspection, and completed a training
program of not less than 200 hours in the new category sought; or
o complete an approved training program of not less than 300 hours in inspection or plans
review; and a minimum of 2 years of experience in inspection; plans review; fire code
inspections and fire plans review of new buildings as a firesafety inspector; or construction;
or
• complete a 4 year internship certification program.
For the 2018-2019 Fiscal Year, there were 9,650 building code professionals. DBPR received 79
complaints against building code professionals, and took 6 disciplinary actions. The initial licensing fee is
$101.25, or $5 for city or county employees, and the biennial renewal fee is $5. 155
A provisional license may be granted to a person who is qualified to sit for the administrator, inspector, or
plans examiner exam, but has not yet taken the exam. A provisional license allows a person to engage in
the duties of whichever licensure category the license is granted for the duration of such license.
Provisional licenses are valid for 1 year, and may be renewed by the BCAIB only for just cause for up to 2
more years. However, an applicant who is completing an internship program for a plans examiner license
may apply to the BCAIB for a provisional certificate that is valid for the duration of the internship
program. 156
A person who is licensed in another state is eligible for a building code administrator, inspector, or plans
examiner license by endorsement in Florida if they: 157
• have met experience, educational, or training program requirements;
• completed the Florida principle and practice exam; and
• completed the relevant International Codes Council (ICC) exams for the category sought.
Effect of the Bill
The bill renames a "one and two family dwelling inspector" to "residential inspectors" and expands the
scope to include inspecting one-family, two-family, or three-family residences not exceeding two habitable
stories above no more than one uninhabitable story, and accessory use structures in connection therewith,
for compliance with the building, plumbing, mechanical, accessibility, and electrical codes.
The bill reduces the amount of experience and education required for certain pathways to become a
building code inspector or plans examiner. The requirements are reduced to:
• 4 years from 5 years for combined relevant experience,
• 3 years from 4 years for combined post-secondary education and relevant experience, and
• 3 years from 4 years for combined technical education and relevant experience.
154 S. 468.609(2), F.S.
155 DBPR, supra notes 13 and 16.
156 S. 468.609, F.S.
157 S. 468.613, F.S.; R. 61G19-6.0035(4), F.A.C.
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The bill provides that a person licensed in another state is also eligible for a license by endorsement in
Florida if they:
• are at least 18 years of age;
• are of good moral character;
• hold a valid license to practice as a building code administrator, inspector, or plans examiner in
another state or territory of the United States for at least 10 years before the date of application,
• successfully completed an applicable examination administered by the ICC, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.
The bill extends the period of time for which a provisional license is initially valid, from 1 year to 2 years.
Home Inspectors
Background
Home inspectors are regulated by part XV of ch. 468, F.S., and by the Home Inspection Services Licensing
Program.
In order to obtain licensure as a home inspector, a person must:
• have good moral character;
• carry required liability insurance;
• complete a course study of at least 120 hours; and
• pass the required examination. 158
For the 2018-2019 Fiscal Year, there were 7,576 home inspectors. DBPR received 141 complaints against
construction contractors, and took 4 disciplinary actions. The initial licensing fee is $230, and the biennial
renewal fee is $105. 159
A person who is licensed in another state is eligible for a license by endorsement in Florida who: 160
• is of good moral character;
• holds a valid license to practice home inspection services in another state or territory of the United
States whose educational requirements are substantially equivalent to Florida; and
• has passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the Florida examination.
DBPR may not issue a license by endorsement to any applicant who is under investigation in another state
for any act that would constitute a violation of the practice act until the investigation is complete and
disciplinary proceedings have been terminated. 161
Effect of the Bill
The bill allows an applicant to also qualify for a license by endorsement if they have:
• a liability insurance policy as required for other licensees,
• held a valid license to practice home inspection services in another state or territory of the United
States for at least 10 years before the date of application, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.
158
S. 468.8313, F.S.
159
DBPR, supra notes 13 and 16.
160 S. 468.8414(3), F.S.
161
S. 468.8314(3), F.S.
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Certified Public Accountants
Background
The Board of Accountancy within DBPR is charged with regulating the practice of public accountancy in
Florida. To be licensed as a certified public accountant, a person must: 162
• be of good moral character,
• pass the licensure exam, and
• have at least 150 semester hours of education, with a focus on accounting and business.
For the 2018-2019 Fiscal Year, there were 41,320 certified public accountants. DBPR received 456
complaints against certified public accountants, and took 93 disciplinary actions. The initial licensing fee is
$50, and the biennial renewal fee is $95. 163
An applicant is eligible for a license by endorsement who: 164
• is of good moral character;
• has completed 80 hours of CE, if it has been at least 2 years since passing the licensing
examination; 165 and
• either:
o is not licensed, but has otherwise met the licensing requirements and has passed a
licensing examination that is substantially equivalent to the Florida examination; or
o holds a valid license to practice public accounting issued by another state or territory of the
United States, if the criteria for issuance of such license are substantially equivalent to a
Florida license or is otherwise permitted.
Effect of the Bill
The bill removes the requirement that applicants for a license by endorsement who passed a licensing
exam more than 2 years prior to the date of application must complete 80 hours of continuing education
hours before they are eligible for such license.
Florida Building Commission
Background
In 2000, the Legislature authorized implementation of the first statewide Florida Building Code (Code),
which replaced all local building codes. 166 In 2004, the state adopted the International Code Council's I-
Codes as the base of the Code to create standards used in design, building, and compliance processes to
"construct safe, sustainable, affordable, and resilient structures." 167
The Florida Building Commission (Commission) was created to implement the Code. The Commission,
which is housed within DBPR, is a 27-member technical body responsible for the development,
maintenance, and interpretation of the Code. The Commission also approves products for statewide
acceptance. Members are appointed by the Governor and confirmed by the Senate, and include design
professionals, contractors, and government experts in the various disciplines covered by the Code.
162 S. 473.308(2)-(5), F.S.
163 DBPR, supra notes 13 and 16.
154 S. 468.8414(3), (4), F.S.
165 R. 61H1-29.003, F.A.C.
166
Id. & DBPR, Overview of the Florida Building Code, https://www.floridahousinq.org/.. ./aboutflorida/.. ./overview-of-the-florida-building-
commission-and-standard.pptx (last visited on Oct. 18, 2017).
167
International Code Council, About the ICC, http://www.iccsafe.org/about-icc/overview/about-international-code-council/ (last visited
on Oct. 18, 2017) & International Code Council, /CC Code Development Process, https://cdn-web.iccsafe.org/wp-content/uploads/lCC-
Code-Development-Process.pdf (last visited on Oct. 18, 2017).
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Members, who must be able to do business in the state and must be actively engaged in the designated
profession, include the following:
• One architect;
• One structural engineer;
• One air-conditioning or mechanical contractor;
• One electrical contractor;
• One member from fire protection engineering or technology;
• One general contractor;
• One plumbing contractor;
• One roofing or sheet metal contractor;
• One residential contractor;
• Three members who are municipal or district code enforcement officials, one of whom is also a
fire marshal!;
• One member who represents the Department of Financial Services;
• One member who is a county code enforcement official;
• One member of a Florida-based organization of persons with disabilities or a nationally
chartered organization of persons with disabilities with chapters in the state;
• One member of the manufactured buildings industry;
• One mechanical or electrical engineer;
• One member who is a representative of a municipality or a charter county;
• One member of the building products manufacturing industry;
• One member who is a representative of the commercial building owners and managers industry;
• One member who is a representative of the insurance industry;
• One member who is a representative of public education;
• One member who is a swimming pool contractor;
• One member who is a representative of the green building industry and who is a third-party
commission agent, a Florida board member of the United States Green Building Council or
Green Building Initiative, a professional who is accredited under the International Green
Construction Code (IGCC), or a professional who is accredited under Leadership in Energy and
Environmental Design (LEED);
• One member who is a representative of a natural gas distribution system;
• One member who is a representative of the Department of Agriculture and Consumer Services'
Office of Energy; and
• One member who is the chair. 168
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural TAC to
the swimming pool TAC. 169 TACs are made up of Commission members and other parties who advise the
Commission on declaratory statements, proposed amendments, and any other areas of interest of the
Commission. 170
Effect of the Bill
The bill reduces the number of members on the Commission from 27 to 19. The membership under the bill
is as follows:
• One licensed architect with at least 5 years of experience in the design and construction of
buildings designated for Group E or Group I occupancies by the Florida Building Code;
• One structural engineer;
• One air-conditioning contractor, mechanical contractor, or mechanical engineer;
• One electrical contractor or electrical engineer;
168
S. 553.74, F.S.
169
DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c commission.aspx (last visited on Oct. 18, 2017).
170
DBPR, Florida Building Code Standards, http://www.myfloridalicense.com/dbpr/bcs/program committees.html (last visited on Oct.
18, 2017), & Rule 61G20-2.001 F.A.C.
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• One certified general contractor or one certified building contractor. The Associated Builders and
Contractors of Florida, the Florida Associated General Contractors Council, the Florida Home
Builders Association, and the Union Contractors Association are encouraged to recommend a list of
candidates for consideration;
• One plumbing contractor;
• One roofing or sheet metal contractor;
• One certified residential contractor;
• Three members who are municipal, county, or district code enforcement officials, one of whom is
also a fire marshal!;
• One member of a Florida-based organization of persons with disabilities or a nationally chartered
organization of persons with disabilities with chapters in the state which complies with or is certified
to be compliant with the requirements of the Americans with Disability Act of 1990, as amended.;
• One member of the manufactured buildings industry;
• One member of the building products manufacturing industry;
• One member who is a representative of the commercial building owners and managers industry;
• One member who is a representative of the insurance industry;
• One member who is a swimming pool contractor;
• One member who is a representative of the green building industry and who is a third-party
commission agent, a Florida board member of the United States Green Building Council or Green
Building Initiative, a professional who is accredited under the International Green Construction
Code (IGCC}, or a professional who is accredited under Leadership in Energy and Environmental
Design (LEED); and
• One member who is a representative of a natural gas distribution system.
The bill removes the following members from the Commission:
• One member from fire protection engineering or technology;
• One member who represents the Department of Financial Services;
• One member who is a county code enforcement official;
• One member who is a representative of a municipality or a charter county;
• One member who is a representative of public education;
• One member who is a representative of the Department of Agriculture and Consumer Services'
Office of Energy; and
• One member who is solely the chair.
This section becomes effective January 1, 2021.
Employee Leasing Companies
Background
Employee Leasing Companies are regulated by part XI of ch. 468, F.S., and the Board of Employee Leasing
Companies. Generally, 'employee leasing' means an arrangement whereby a leasing company assigns its
employees to a client and allocates the direction of and control over the leased employees between the
leasing company and the client, with exceptions. 171
Currently, if an applicant is denied a license, or a licensee had their license revoked, they are ineligible to
reapply for a license for a period of 1 year following final agency action. This time restriction does not apply
to administrative denials or revocations entered because: 172
• the applicant or licensee has made an inadvertent error or omission on the application;
• the experience documented to the board was insufficient at the time of the previous application; or
171 S. 468.522, F.S.
172
S. 468.524(4), F.S.
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• DBPR is unable to complete the criminal background investigation because of insufficient
information from the Florida Department of Law Enforcement, the Federal Bureau of Investigation,
or any other applicable law enforcement agency.
Effect of the Bill
The bill removes the 1 year time restriction for reapplication for initial applicants who were denied a license,
but retains the time restriction for licensees who had their license revoked.
Pugilistic Timekeepers and Announcers
Background
Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC) under DBPR. The function of the
FSBC is to license and regulate pugilistic events, including professional boxing, kickboxing, and mixed
martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of state laws
and rules. The FSBC designates employees to attend the matches, appoints match officials, and ensures
the matches are held in a safe and fair manner.
A 'timekeeper' is an individual who is assigned the duties to maintain the time for each round during a
pugilistic event. 173
An 'announcer' is an individual who has the authority to make all announcements, including the result of the
event, during a pugilistic event. 174
In order to obtain a license, a timekeeper or announcer applicant must: 175
• complete an application in a form prescribed by the FSBC,
• be at least 18 years of age, and
• pay an application fee of $50.
Currently, there are 10 licensed timekeepers and 17 licensed announcers. According to DBPR, there were
no disciplinary orders against timekeepers or announcers in the 2018-2019 Fiscal Year. 176
Effect of the Bill
The bill removes all licensure and regulatory requirements for boxing announcers and timekeepers. 177
Yacht and Ship Broker Branch Offices
Background
Yacht and ship brokers, salespersons, and related business organizations are regulated by ch. 326, F.S.,
and by the Yacht and Ship Broker's Section of DBPR.
Each yacht and ship broker must maintain a principle place of business in this state and may establish
branch offices in the state. A separate license must be maintained for each branch office.
The initial branch office license fee and the biennial renewal fee are both $100. 178 There are no
requirements of the branch office other than to obtain licensure and there are no inspection requirements.
17
3 R. 61K1-3.0001(19), F.A.C.
114 R. 61K1-3.0001(1), F.A.C.
175
S. 548.021, F.S.
11s DBPR, supra note 13.
177
The bill also makes conforming changes to cross-references.
178
R. 618-60.002, F.A.C.
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Currently, there are 73 yacht broker branch offices. According to DBPR, there were no disciplinary orders
against branch offices in the 2018-2019 Fiscal Year. 179
Effect of the Bill
The bill removes the requirement for yacht and ship brokers to obtain a separate branch office license for
each branch office. The bill does not remove the requirement for a broker to be licensed or to maintain a
principle place of business in Florida.
Labor Organizations
Background
Labor organizations and related business agents are regulated by part I of ch. 447, F.S., and by the Labor
Organizations Program at DBPR. 180
A labor organization is defined as "[a]ny organization of employees or local or subdivision thereof, having
within its membership residents of the state, whether incorporated or not, organized for the purpose of
dealing with employers concerning hours of employment, rate of pay, working conditions, or grievances of
any kind relating to employment and recognized as a unit of bargaining by one or more employers doing
business in this state." 181 In Florida, all labor organizations are required to register with DBPR and all
business agents of labor organizations must obtain a license.
The National Labor Relations Board (NLRB) is an independent federal entity which provides the same type
of union oversight as DBPR and is active in Florida, maintaining offices in Tampa and Miami. The United
States Department of Labor, Office of Labor Management Standards also registers unions at the federal
level. 182
Business agents are defined as "[a]ny person, without regard to title, who shall, for a pecuniary or financial
consideration, act or attempt to act for any labor organization in:
• The issuance of membership or authorization cards, work permits, or any other evidence of rights
granted or claimed in, or by, a labor organization;
• Soliciting or receiving from any employer any right or privilege for employees." 183
Applicants for a business agent license pay a $25 fee for licensure. Labor organization applicants must pay
an annual fee of $1.
Currently, there are 319 licensed labor organizations and 465 associated business agents. According to
DBPR, there were no disciplinary orders against labor organizations or business agents in the 2018-2019
Fiscal Year. 184
Effect of the Bill
The bill repeals the licensing requirements and provisions related to licensure of labor organizations and
business agents.
179 DBPR, supra note 16.
180
This does not include certain public employee organizations, which are regulated by the Public Employees Relations Commission,
an independent, quasi-judicial agency described in pt. II of ch. 447, F.S.
181
S. 447.02(1), F.S.
182
National Labor Relations Board, What We Do, https://www.nlrb.gov/about-nlrb/what-we-do (March 16, 2019); United States
Department of Labor, Office of Labor Management Standards, Reporls Required Under the LMRDA and the CSRA,
https://www.dol.gov/olms/regs/compliance/rrlo/repreq.htm (March 16, 2019); DBPR, supra note 16.
183 S. 447.02(2), F.S.
184 DBPR, supra notes 13 and 16.
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Student Loan Defaults and Disciplinary Action
Background
Many states allow a licensing agency to discipline a licensee when they default on student loans or
scholarship obligations. 185 In Florida, the only agency that has express authority to discipline a licensee for
such action is the Florida Department of Health (DOH). DOH brought 722 such disciplinary actions against
health practitioners in the 2018-2019 Fiscal Year. 186 Neither DBPR nor a board thereunder has ever
disciplined a licensee for defaulting on a student loan. 187
Proponents of such disciplinary licensing laws argue that:
• The threat of losing a professional license is powerful tool to ensure borrowers stay current on their
student loans, and as a result, these laws reduce the number borrowers who default; and
• It is in the taxpayers' interest to ensure borrowers are repaying their government-backed student
loans because the state or federal government foots the bill if borrowers default. 188
Opponents of such disciplinary licensing laws argue that states are using their licensing authority as a
punitive debt collection tool, and that the purpose of licensing laws is to protect the health and safety of the
public, not to operate as defacto debt collectors. 189 Opponents also argue that "if people are unable to work
in their chosen field - the one they went to school for and presumably took out loans to fund - how can
they be expected to pay their debt?" 190
Over the past few years, there have been bills filed in Congress that would prevent all states from taking
such disciplinary measures, but so far they have been unsuccessful. 191
Effect of the Bill
The bill specifically prohibits DBPR or any board under DBPR from disciplining a licensee solely for
defaulting or becoming delinquent on a federal or state guaranteed student loan or a scholarship obligation.
Dietetics and Nutrition
Background
Dieticians and nutritionists are regulated by ch. 468, Part X, F.S., and by the Council of Dietetics and
Nutrition, which is under the delegated authority of the Board of Medicine, at DOH. 192
The practice of dietetics and nutrition includes: 193
• assessing nutritional needs and status using appropriate data;
• recommending appropriate dietary regimens, nutrition support, and nutrient intake;
185 Andrew Wagner, License Suspension for Student Loan Defaulters, National Conference of State Legislatures Legisbrief, Oct. 1,
2018, http://www.ncsl.org/research/labor-and-employment/license-suspension-for-student-loan-defaulters.aspx (last visited Mar. 19,
2019).
186 Email from Gary Landry, Office of Legislative Planning, Department of Health, Student Loan information as promised (Oct. 30,
2019).
187 Email from Colton Madill, Office of Legislative Affairs, Department of Business and Professional Regulation, RE: HB 115 (Oct. 30,
2019).
188 Jessica Silver-Greenberg, Stacey Cowley, & Natalie Kitroeff, When Unpaid Student Loan Bills Mean You Can No Longer Work, The
New York Times (Nov. 18, 2017) https://www.nytimes.com/2017/11 /18/business/student-loans-licenses.html? r=O (last visited on Nov.
26, 2019).
169 Id.
°
19 Courtney Nagle, Student Loan Debt Could Affect Your Job in 13 States, U.S. News,
https://www.usnews.com/education/blogs/student-loan-ranger/articles/2019-04-1 0/these-states-could-revoke-you r-professional-I icense-
over-student-loan-debt (last visited Jan. 10, 2020).
191
Wagner, supra note 178.
192
S. 468.506, F.S.
193
S. 468.503(5), F.S.
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• ordering therapeutic diets;
• improving health status through nutrition, research, counseling, and education; and
• developing, implementing, and managing nutrition care systems, including evaluating, monitoring,
and maintaining appropriate standards of high quality food and nutrition services.
Nutrition counseling includes advising and assessing individuals or groups on appropriate nutritional intake
by integrating information from a nutrition assessment. 194 A nutrition assessment is an evaluation of
nutritional needs using appropriate data to determine nutrient needs or status and making appropriate
nutrition recommendations. 195
An individual must be licensed to practice dietetics and nutrition or provide nutrition counseling for
remuneration, or to hold oneself out as a practitioner of dietetics and nutrition practice or nutrition
counseling. 196 To qualify for licensure, an applicant must: 197
• possess a baccalaureate or post-baccalaureate degree in human nutrition, food and nutrition,
dietetics, or food management, or an equivalent course of study, from an accredited school or
program;
• complete preprofessional experience of at least 900 hours or has education or experience
determined to be equivalent by the Board of Medicine; and
• pass a licensure examination.
However, there are a number of exceptions to these licensure requirements. Licensing is not required for a
person: 198
• Licensed in this state as a certain health practitioner, as long as such person is engaging in the
practice of the profession for which he or she is licensed.
• Employed by the federal government, if such person engages in dietetics solely under the direction
or control of the organization by which the person is employed.
• Employed as a cooperative extension home economist.
• Pursuing a course of study leading to a degree in dietetics and nutrition from an accredited school,
if the activities and services are a part of a supervised course of study and the person's title clearly
indicates that he or she is a student or trainee.
• Fulfilling the required preprofessional experience required for licensure.
• Registered or licensed in another state practicing dietetics or nutrition incidental to a course of study
when taking or giving a postgraduate course or other course of study in this state, if the person
holds an appointment on the faculty of an accredited school.
• Markets or distributing food, food materials, or dietary supplements, or engaging in the explanation
of the use and benefits of those products or the preparation of those products, if the person does
not engage for a fee in dietetics and nutrition practice or nutrition counseling.
• Marketing or distributing food, food materials, or dietary supplements, or engaging in the
explanation of the use or preparation of such products, as an employee of a permitted pharmacy.
• Employed as an educator by a nonprofit organization approved by the council, a governmental
entity, an elementary or secondary school, an accredited institution of higher education, if his or her
activities are part of such employment.
• Providing weight control services or related weight control products, provided that the program has
been reviewed by, consultation is available from, and no program change can be made without
approval by a licensed dietitian/nutritionist.
194
S. 468.503(10), F.S.
195
S. 468.503(9), F.S.
196
S. 468.504, F.S.
197 S. 468.509, F.S. An individual may be licensed without examination if the individual demonstrates that he or she is a registered
dietician or nutritionist with the Commission on Dietetic Registration or is a certified as nutrition specialist by the Certification Board of
Nutrition Specialist or is a diplomat of the American Clinical Board of Nutrition.
198
S. 468.505, F.S.
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• Employed by a licensed hospital, nursing home, continuing care facility, or assisted living facility, if
the person is employed in compliance with governing facility licensure laws and rules regarding the
operation of its dietetic department.
• Employed by a nursing facility exempt from licensure.
• Exempt from licensure under ch. 464, F.S.
• Employed as a dietetic technician.
• Disseminating information, conducting a class or seminar, or giving a speech related to nutrition, if
such information, class, seminar or speech is provided without a fee.
Individuals who provide dietary or nutrition information for compensation as a part of a profession that is
not regulated, such as a fitness trainer or a life coach, are subject to prosecution for the unlicensed practice
of a regulated health profession. 199
Applicants for a dietetics and nutrition license must pay an initial examination fee of $200, an application
fee of $80, an initial license fee of $80, and an unlicensed activity fee of $5. 200 The biennial renewal fee is
$75.201
Currently, 7 states do not register or license dietitians: Arizona, California, Colorado, Michigan, New
Jersey, Texas, and Virginia. 202 California, Texas, and Virginia provide title protection for dietitians. 203 Title
protection limits the use of certain titles, such as "dietitian" or "nutritionist" to individuals meeting certain
criteria, such as holding a national certification or having met the requirements for licensure. 204
In the 2018-2019 Fiscal Year, there were 5,413 licensed dieticians and nutritionists. DOH received 8
complaints against dieticians and nutritionists, but no complaints were found legally sufficient by the board
to take disciplinary action. 205
Effect of the Bill
The bill authorizes an unlicensed individual to provide compensated dietary and nutritional information as
long as the individual does not represent or imply that they are a dietician, licensed dietitian, registered
dietitian, licensed nutritionist, licensed nutrition counselor, or use any other term or symbol that implies the
they are a dietitian, nutritionist, or nutrition counselor.
Except where indicated otherwise, the bill has an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Provides "Occupational Freedom and Opportunity Act" as the act title;
Section 2 Amends s. 20.165, F.S., conforming provisions;
Section 3 Amends s. 287.055, F.S., conforming provisions;
Section 4 Amends s. 326.004, F.S., deleting requirement for yacht broker branch office licenses;
Section 5 Amends s. 447.02, F.S., conforming provisions;
Section 6 Repeals s. 447.04, F.S., relating to licensure requirements for business agents;
199
An individual prosecuted for the unlicensed practice of a regulated health care profession may be subject to both administrative and
criminal sanctions if found guilty.
°
20
Florida Department of Health, Licensing, http://www.floridahealth.gov/licensing-and-regulation/dietetic-nutrition/licensing/index.html
(last visited Dec. 19, 2019).
201
Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2018-2019,
46, http://www.floridahealth.gov/licensing-and-requlation/reports-and-publications/ documents/annual-report-1819.pdf (last visited on
Dec. 19, 2019).
202
Commission on Dietetic Registration, Academy of Nutrition and Dietetics, Laws the Regulate Dietitians/Nutritionists, available at
https://www.cdrnet.org/vau1U2459/web/fi1es/Licensurelawsregulations.pdf {last visited Dec.19, 2019).
203 Id.
204
Academy of Nutrition and Dietetics, Licensure and Professional Regulation of Dietitians, available at
http://www.eatrightpro.org/resource/advocacy/legislation/all-legislation/licensure (last visited Dec.19, 2019).
205
Florida Department of Health, supra note 162 at 14, 29.
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Section 7 Repeals s. 447.041, F.S., relating to hearings for labor organizations or business agents
denied licensure;
Section 8 Repeals s. 447.045, F.S., relating to confidential application information;
Section 9 Repeals s. 447.06, F.S., relating to required registration of labor organizations;
Section 10 Amends s. 447.09, F.S., deleting certain actions relating to right of franchise of a
member of a labor organization;
Section 11 Repeals s. 447.12, F.S., relating to fees;
Section 12 Repeals s. 447.16, F.S., relating to applicability;
Section 13 Amends s. 447.305, F.S., deleting provision requiring notification to DBPR;
Section 14 Amends s. 455.213, F.S., requiring DBPR and boards to enter into reciprocity
agreements, when available, and to post certain information on their website;
Section 15 Creates s. 455.2278, F.S., to prohibit DBPR from certain disciplinary actions;
Section 16 Amends s. 468.381, F.S., revising legislative findings and intent related to auctioneers;
Section 17 Amends s. 468.382, F.S., revising definitions;
Section 18 Repeals s. 468.384, F.S., relating to Florida Board of Auctioneers;
Section 19 Repeals s. 468.385, F.S., relating to training requirements;
Section 20 Repeals s. 468.3851, F.S., relating to licensure renewal;
Section 21 Repeals s. 468.3852, F.S., relating to licensure reactivation;
Section 22 Repeals s. 468.3855, F.S., relating to training requirements;
Section 23 Repeals s. 468.386, F.S., relating to fees and local licensing requirements;
Section 24 Repeals s. 468.387, F.S., relating to licensure by endorsement;
Section 25 Amends s. 468.388, F.S., relating to licensure requirements;
Section 26 Amends s. 468.389, F.S., providing grounds for civil remedies;
Section 27 Amends s. 468.391, F.S., conforming provisions;
Section 28 Repeals s. 468.392, F.S., relating to the Auctioneer Recovery Fund;
Section 29 Repeals s. 468.393, F.S., relating to the Auctioneer Recovery Fund;
Section 30 Repeals s. 468.394, F.S., relating to the Auctioneer Recovery Fund;
Section 31 Repeals s. 468.395, F.S., relating to the Auctioneer Recovery Fund;
Section 32 Repeals s. 468.396, F.S., relating to the Auctioneer Recovery Fund;
Section 33 Repeals s. 468.397, F.S., relating to the Auctioneer Recovery Fund;
Section 34 Repeals s. 468.398, F.S., relating to the Auctioneer Recovery Fund;
Section 35 Repeals s. 468.399, F.S., relating to the Auctioneer Recovery Fund;
Section 36 Amends s. 468.401, F.S., removing definitions;
Section 37 Repeals s. 468.402, F.S., relating to duties and authority of DBPR for talent agencies;
Section 38 Repeals s. 468.403, F.S., relating to duties and authority of DBPR for talent agencies;
Section 39 Repeals s. 468.404, F.S., relating to duties and authority of DBPR for talent agencies;
Section 40 Repeals s. 468.405, F.S., relating to duties and authority of DBPR for talent agencies;
Section 41 Amends s. 468.406, F.S., revising requirements for a schedule of fees and charges;
Section 42 Repeals s. 468.407, F.S., relating to license posting requirements;
Section 43 Amends s. 468.408, F.S., conforming provisions;
Section 44 Amends s. 468.409, F.S., removing a records inspection requirement;
Section 45 Amends s. 468.410, F.S., deleting a contract requirement;
Section 46 Amends s. 468.412, F.S., deleting recordkeeping and posting requirements;
Section 47 Amends s. 468.413, F.S., revising criminal penalties for talent agencies;
Section 48 Repeals s. 468.414, F.S., relating to the Professional Regulation Trust Fund;
Section 49 Amends s. 468.415, F.S., revising penalties;
Section 50 Amends s. 468.505, F.S., relating to unlicensed individuals practicing dietetics and
nutrition counseling;
Section 51 Amends s. 468.524, F.S., revising time limitations for reapplication as a licensed
employee leasing company;
Section 52 Amends s. 468.603, F.S., revising a definition;
Section 53 Amends s. 468.609, F.S., revising education and experience requirements;
Section 54 Amends s. 468.613, F.S., revising requirements for a license by endorsement;
Section 55 Amends s. 468.8314, F.S., revising requirements for a license by endorsement;
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Section 56 Amends s. 469.006, F.S., revising requirements for asbestos abatement
businesses;
Section 57 Amends s. 469.009, F.S., conforming provisions;
Section 58 Amends s. 471.015, F.S., revising requirements for a license by endorsement;
Section 59 Amends s. 473.308, F.S., revising requirements for a license by endorsement;
Section 60 Amends s. 474.202, F.S., revising the definition for 'limited-service veterinary medical
practice';
Section 61 Amends s. 474.203, F.S., allowing microchipping to be performed without a veterinary
license or supervision, under certain circumstances;
Section 62 Amends s. 474.207, F.S., adding an approved licensing examination;
Section 63 Amends s. 474.217, F.S., revising requirements for a license by endorsement;
Section 64 Amends s. 476.114, F.S., revising barber training requirements;
Section 65 Amends s. 476.144, F.S., revising restricted barbers training requirements;
Section 66 Amends s. 477.013, F.S., revising and providing definitions;
Section 67 Repeals s. 477.0132, F.S., relating to the registration of hair braiding, hair wrapping, and
body wrapping;
Section 68 Amends s. 477.0135, F.S., exempting hair braiders, hair wrappers, body wrappers, nail
polishers, and makeup applicators from licensure;
Section 69 Amends s. 477.019, F.S., conforming provisions;
Section 70 Amends s. 477.0201, F.S., providing requirements for specialty licenses;
Section 71 Amends s. 477.026, F.S., conforming provisions;
Section 72 Amends s. 477.0263, F.S., adding exceptions to services that must be performed in a
licensed salon;
Section 73 Amends s. 477.0265, F.S., conforming provisions;
Section 74 Amends s. 477.029, F.S., conforming provisions;
Section 75 Amends s. 481.201, F.S., removing legislative findings related to interior design;
Section 76 Amends s. 481.203, F.S., revising definitions for 'certificate of authorization' and
'business organization';
Section 77 Amends s. 481.205, F.S., revising provisions for the Board of Architecture;
Section 78 Amends s. 481.207, F.S., conforming provisions;
Section 79 Amends s. 481.209, F.S., conforming provisions;
Section 80 Amends s. 481.213, F.S., conforming provisions;
Section 81 Amends s. 481.2131, F.S., revising regulations for practicing interior design;
Section 82 Amends s. 481.215, F.S., conforming provisions;
Section 83 Amends s. 481.217, F.S., conforming provisions;
Section 84 Amends s. 481.219, F.S., removing regulations for interior design businesses;
Section 85 Amends s. 481.221, F.S., conforming provisions;
Section 86 Amends s. 481.222, F.S., conforming provisions;
Section 87 Amends s. 481.223, F.S., conforming provisions;
Section 88 Amends s. 481.2251, F.S., conforming provisions;
Section 89 Amends s. 481.229, F.S., conforming provisions;
Section 90 Amends s. 481.231, F.S., conforming provisions;
Section 91 Amends s. 481.303, F.S., deleting the definition of 'certificate of authorization';
Section 92 Amends s. 481.310, F.S., revising training requirements;
Section 93 Amends s. 481.311, F.S., conforming provisions;
Section 94 Amends s. 481.313, F.S., revising continuing education requirements;
Section 95 Amends s. 481.317, F.S., conforming provisions;
Section 96 Amends s. 481.319, F.S., deleting the requirement for a certificate of authorization and
authorizing practice through a corporation or partnership;
Section 97 Amends s. 481.321, F.S., revising requirements for the display of a certificate number;
Section 98 Amends s. 481.329, F.S., conforming a cross-reference;
Section 99 Amends s. 489.103, F.S., revising contract limits for unlicensed contractors in certain
situations;
Section 100 Amends s. 489.111, F.S., revising timing for taking a license exam; conforming a
provision;
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Section 101 Amends s. 489.113, F.S., allowing certain contracting applicants to be exempt from
taking a licensing examination;
Section 102 Amends s. 489.115, F.S., revising requirements for a license by endorsement;
Section 103 Amends s. 489.511, F.S., revising requirements for a license by endorsement;
Section 104 Amends s. 489.517, F.S., reducing continuing education requirements;
Section 105 Amends s. 489.518, F.S., revising training requirements for burglar alarm system
agents;
Section 106 Amends s. 492.104, F.S., conforming provisions;
Section 107 Amends s. 492.108, F.S., revising requirements for a license by endorsement;
Section 108 Amends s. 492.111, F.S., deleting the requirements for a certificate of authorization for a
professional geologist;
Section 109 Amends s. 492.113, F.S., conforming provisions;
Section 110 Amends s. 492.115, F.S., conforming provisions;
Section 111 Amends s. 548.003, F.S., deleting the requirement for the Florida State Boxing
Commission to adopt rules relating to a timekeeper;
Section 112 Amends s. 548.017, F.S., deleting the licensure requirement for timekeepers and
announcers;
Section 113 Amends s. 553.5141, F.S., conforming provisions;
Section 114 Amends s. 553.74, F.S., revising the membership of the Florida Building Commission;
Section 115 Amends s. 553.79, F.S., conforming provisions;
Section 116 Amends s. 558.002, F.S., conforming provisions;
Section 117 Amends s. 559.25, F.S., conforming provisions;
Section 118 Amends s. 823.15, F.S., allowing certain unlicensed individuals to perform microchipping
services;
Section 119 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill will have a significant negative fiscal impact on state revenues. Over the next three fiscal
years, the estimated reduction totals $4,151,913 as follows: 206
Division of Professions: The bill should result in a reduction of license fees, license renewal
fees and unlicensed activity fees of approximately $1,519,940 in FY 2020-21, $936,313 in FY
2021-22, and $1,666,320 in FY 2022-23.
The following fees are eliminated:
• Board of Auctioneers for initial licensure and renewals of auctioneers, auctioneer
apprentices, and auction businesses.
• Office of Talent Agencies for initial licensure and renewals of talent agencies.
• Board of Architecture and Interior Design for the initial registration and renewal of interior
designers and business licenses for both interior designers and architects.
• Board of Cosmetology for initial registration and renewal of hair braiders, hair wrappers
and body wrappers.
• Board of Landscape Architecture for the issuance and renewal of certificates of
authorization for businesses.
• Board of Professional Geologists for the issuance and renewal of certificates of
authorization for businesses.
• Issuance and renewal of Asbestos Business certificates of authorization.
206
Florida Department of Business and Professional Regulation, Agency Analysis of2020 HB 1193, p. 19 (Jan. 22, 2020).
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Division of Regulation: Revenue reduction of approximately $830 in FY 2020-21, $830 in FY
2021-22, and $830 in FY 2022-23.
• Business agent and labor organization license fees are eliminated.
Florida Boxing Commission: Revenue reduction of approximately $1,450 in FY 2020-21,
$1,450 in FY 2021-22, and $1,450 in FY 2022-23.
• The fees received by the department from the Boxing Commission for the licensure of
timekeepers and announcers are eliminated.
Division of Florida Condominiums, Timeshares and Mobile Homes: (Yacht and Ship
Brokers) Revenue reduction of approximately $5,900 in FY 2020-21, $7,500 in FY 2021-22, and
$9,100 in FY 2022-23.
As a result of the revenue reduction, there will be a reduction in the 8% service charge to General
Revenue of approximately $122,250 in FY 2020-21, $75,687 in FY 2021-22, and $134,216 in FY
2022-23. 207
For more detail of the reduction of revenues, see Fiscal Comments.
2. Expenditures:
The bill will result in a reduction of expenditures related to the reduced workload provided through
deregulation of entities currently regulated by the department. The estimated reduction includes a
reduction of $191,208 in FY 2020-21, $204,128 in FY 2021-22, and $197,708 in FY 2022-23. 208
For more detail of the reduction of expenditures, see Fiscal Comments.
To implement the bill, the department will need to make changes to Versa and the Interactive Voice
Response system to accommodate modifications. Modifications can be made within existing
resources. 209
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has an indeterminate positive fiscal impact for the private sector. The bill provides for the
portability of Florida licensure by requiring reciprocity with states with similar requirements. The impact
will vary, depending on how many licensees are provided licensure through reciprocity.
207
Email from Lynn Smith, Planning and Budgeting Administrator, Florida Department of Business and Professional Regulation,
Regarding General Revenue Service Charge (Jan. 22, 2020)
208
Florida Department of Business and Professional Regulation, Agency Analysis of 2020 HB 1193, pp. 19-20 (Jan. 22, 2020).
209
Florida Department of Business and Professional Regulation, Agency Analysis of 2020 HB 1193, p. 18 (Jan. 22, 2020).
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In addition, current licensees should see the following fee reductions: 210
• Professions: An estimated expenditure reduction of approximately $1,519,940 in FY 2020-21,
$936,313 in FY 2021-22, and $1,666,320 in FY 2022-23.
• Regulation: An estimated expenditure reduction of approximately $830 in FY 2020-21, $830 in
FY 2021-22, and $830 in FY 2022-23.
• Boxing Commission: An estimated expenditure reduction of approximately $1,450 in FY 2020-
21, $1,450 in FY 2021-22, and $1,450 in FY 2022-23.
• Condominiums: (Yacht and Ship Brokers) An estimated expenditure reduction of
approximately $5,900 in FY 2020-21, $7,500 in FY 2021-22, and $9,100 in FY 2022-23.
Interior designers, labor organizations, auctioneers, talent agents, pugilistic announcers, pugilistic
timekeepers, hair braiders, hair wrappers, body wrappers, nail painters, and makeup artists will no
longer need to pay costs associated with professional licensure.
Unlicensed individuals will be able to offer dietetic and nutrition services without paying costs
associated with professional licensure.
Nail specialists, facial specialists, full specialists, barbers, and restricted barber applicants will require
less training to obtain licensure, which may lead to a reduced training cost.
Asbestos abatement consultants and contractors, landscape architects, geologists, and architects will
no longer need to pay costs associated with retaining certificates of authorization for business
organizations.
Barbers, building code professionals, construction and electrical contractors, cosmetologists,
engineers, geologists, home inspectors, veterinarians, landscape architects, and certified public
accountants will have an additional pathway for a license by endorsement or examination to be able to
practice in Florida.
Cosmetologists and electrical and alarm system contractors will be required to complete less continuing
education for license renewal, which will lead to a reduction is costs to maintain a license.
There may be an increase in the number of people in the workforce practicing their chosen professions.
21
°Florida Department of Business and Professional Regulation, Agency Analysis of 2020 HB 1193, p. 19 (Jan. 22, 2020)
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D. FISCAL COMMENTS:
Detail of Estimated Revenue Reductions: 211
DESCRIPTION FY 20-21 FY 21-22 FY 22-23
Initial License:
Architecture Business (418 000) (25 500) (443,500)
Asbestos Business (2 805) (65 025) (2,805)
Auctioneers (Individual) (12 865) (299 770) (12,865)
Auctioneers (Business} (11 160) (143 065) (11.160)
Bodv Wraooers (109 900) (109,925) (144,075)
Geologists (Business} (129 150) (6 650) (135 800)
Hair Braider (83,975) (84 025) (116,125)
Hair Wrappers (21 050) (21 075) (29,050)
Interior Design (Individual) (396 875) (11 875) (408,750)
Interior Design Business (139 500) (7 375) (146 875)
Landscape Architecture - Business (4,715) (141 373) (4,715)
Talent Agencies (189,945) (20,655) (210,600)
Business Agents (525) (525) (525)
Labor Organizations-Organizations (305) (305) (305)
Boxing Announcer (750) (750) (750)
Boxing Timekeeper (700) (700) (700)
Yacht and Ship Branch Office License (5 900) (7,500) (9,100)
FEES (1,528.120} (946.093} (1,677.700}
Detail of Expenditure Reductions by Board:
The following chart includes the estimated reductions in expenditures by DBPR related to the
deregulation of the boards/professions included in the bill. 212 After a year of actual, realized savings, the
department will propose budget savings in the Fiscal Year 2021-22 Legislative Budget Request to be
permanently reduced.
FY 2020-21 FY 2021-22 FY 2022-23
Florida Building Commission 17,340 17,340 17,340
Architecture and Interior Design 102,600 106,700 106,400
Auctioneers 55 712 60,811 55,712
Cosmetology 10 900 13,100 13,600
Talent Agents 21,996 23 517 21,996
Total Cost Savings: 191,208 204,128 197,708
The elimination of license fees will result in operating accounts closing with negative balances in the
Professional Regulation Trust Fund. The department provided the following statement: 213
211
Email from Lynn Smith, Planning and Budgeting Administrator, Florida Department of Business and Professional Regulation,
Regarding General Revenue Service Charge (Jan. 22, 2020)
212
Florida Department of Business and Professional Regulation, Agency Analysis of 2020 HB 1193, pp. 19-20 (Jan. 22, 2020).
213
Email from Lynn Smith, Planning and Budgeting Administrator, Florida Department of Business and Professional Regulation, RE:
Statement regarding negative balances in the Professional Regulation Trust Fund (Jan. 23, 2020).
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Negative Board Account Balances and Auctioneer Recovery Fund Claims
As of June 30, 2019, the Florida Board of Auctioneers operating account, the Board of Professional
Geologists operating account, the Talent Agencies operating account and the Talent Agencies
unlicensed activity account reflected negative balances.
The proposed elimination of the license fees for boards that have a deficit balance will result in the
accounts closing with a negative balance. The operating account of the Florida Board of Auctioneers
and the operating and unlicensed activity accounts for Talent Agencies will close with negative
balances in FY 2019-20. Each of the funds may have additional costs that may not be posted until after
July 1, 2020, the effective date of the bill.
The Auctioneer Recovery Fund's operating account may have a positive balance at the end of June
2020. If there are pending claims against the Auctioneer Recovery Fund at the end of June 2020,
budget authority for processing these claims from the account may be necessary if the claims are
processed and paid after June 30, 2020, notwithstanding the bill's dissolution of the Board of
Auctioneers and elimination of licensure for this profession.
The operating account deficit for the Board of Professional Geologists will increase by the end of FY
2019-20. Several accounts with negative balances have borrowed from other board accounts during
prior fiscal years in which the negative balances in the accounts needed to be addressed. Pursuant to
s. 455.219, F.S., and Rule 61-5.004, F.A.C., all loans will be repaid with interest. For the negative
balance accounts associated with professions or boards which would not continue pursuant to
amendments in the bill, clarification of budget authority for repayment of the borrowed amounts from
other boards may be needed.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Application, forms, rules, and rule chapters will need to be updated related to the following licensure
programs:
• Barber's Board,
• Boxing Commission,
• Board of Cosmetology,
• Board of Professional Engineers,
• Board of Professional Geologists,
• Building Code Administrators and Inspectors Board,
• Board of Veterinary Medicine,
• Board of Landscape Architecture,
• Construction Industry Licensing Board,
• Electrical Contractor's Licensing Board,
• Asbestos Consultants,
• Board of Accountancy,
• Florida Building Commission,
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DATE: 2/16/2020
• Board of Architecture and Interior Design,
• Board of Auctioneers,
• Talent Agencies, and
• Dieticians and Nutritionists.
DBPR, DOH, and the boards have sufficient rulemaking authority to make required changes.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R D A H O U S E 0 F R E P R E S E N T A T I V E S
HB 1193 2020
1 A bill to be entitled
2 An act relating to the deregulation of professions and
3 occupations; providing a short title; amending s.
4 20.165, F.S.; renaming the Board of Architecture and
5 Interior Design as the Board of Architecture within
6 the Department of Business and Professional
7 Regulation; deleting a provision establishing the
8 Florida Board of Auctioneers; amending s. 287.055,
9 F.S.; conforming provisions to changes made by the
10 act; amending s. 326.004, F.S.; deleting the
11 requirement for a yacht broker to maintain a separate
12 license for each branch office; deleting the
13 requirement for the division to establish a fee;
14 amending s. 447.02, F.S.; conforming provisions to
15 changes made by the act; repealing s. 447.04, F.S.,
16 relating to licensure and permit requirements for
17 business agents; repealing s. 447.041, F.S., relating
18 to hearings for persons or labor organizations denied
19 licensure as a business agent; repealing s. 447.045,
20 F.S., relating to confidential information obtained
21 during the application process; repealing s. 447.06,
22 F.S., relating to required registration of labor
23 organizations; amending s. 447.09, F.S.; deleting
24 certain prohibited actions relating to the right of
25 franchise of a member of a labor organization;
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26 repealing s. 447.12, F.S., relating to registration
27 fees; repealing s. 447.16, F.S., relating to
28 applicability; amending s. 447.305, F.S.; deleting a
29 provision that requires notification of registrations
30 and renewals to the department; amending s. 455.213,
31 F.S.; requiring the Department of Business and
32 Professional Regulation or a board to seek reciprocal
33 licensing agreements with other states under certain
34 circumstances; providing requirements; creating s.
35 455.2278, F.S.; providing definitions; prohibiting the
36 department or a board from suspending or revoking a
37 person's license solely on the basis of a delinquency
38 or default in the payment of his or her student loan;
39 prohibiting the department or a board from suspending
40 or revoking a person's license solely on the basis of
41 a default in satisfying the requirements of his or her
42 work-conditional scholarship; repealing s. 468.381,
43 F.S., relating to purpose; amending s. 468.382, F.S.;
44 revising definitions; repealing s. 468.384, F.S.,
45 relating to the Florida Board of Auctioneers;
46 repealing s. 468.385, F.S., relating to licensure
47 requirements for the practice of auctioneering;
48 repealing s. 468.3851, F.S., relating to licensure
49 renewal; repealing s. 468.3852, F.S., relating to
50 license reactivation; repealing s. 468.3855, F.S.,
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51 relating to training requirements for auctioneer
52 apprenticeships; repealing s. 468.386, F.S., relating
53 to fees and local licensing requirements; repealing s.
54 468.387, F.S., relating to licensure by endorsement;
55 amending s. 468.388, F.S.; deleting certain
56 requirements relating to auctioneer licenses with
57 regard to the conduct of an auction; amending s.
58 468.389, F.S.; revising prohibited acts and penalties;
59 amending s. 468.391, F.S.; conforming cross-
60 references; repealing ss. 468.392, 468.393, 468.394,
61 468.395, 468.396, 468.397, 468.398, and 458.399, F.S.,
62 relating to the Auctioneer Recovery Fund, surcharges
63 and assessments on license fees, payment of interest
64 earned into the recovery fund, recovery from the
65 recovery fund, claims against a single licensee in
66 excess of a specified dollar limitation and joinder of
67 claims, payment of claims from the recovery fund,
68 suspension of a judgment debtor's license, and the
69 expenditure of excess funds, respectively; amending s.
70 468.401, F.S.; revising definitions; repealing ss.
71 468.402, 468.403, 468.404, and 468.405, F.S., relating
72 to duties and authority of the Department of Business
73 and Professional Regulation with regard to licensure
74 of talent agencies, licensure requirements, license
75 fees and renewals, and qualification for a talent
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76 agency license, respectively; amending s. 468.406,
77 F.S.; requiring an owner or operator of a talent
78 agency to post an itemized schedule of fees, charges,
79 and commissions in a specified place; repealing s.
80 468.407, F.S., relating to the form and posting
81 requirements for a license; amending s. 468.408, F.S.;
82 conforming provisions to changes made by the act;
83 prohibiting certain bonds from being issued or renewed
84 by a bonding agency to an owner or operator of a
85 talent agency unless the bonding agency verifies that
86 each owner or operator has not been convicted of
87 specified crimes; amending s. 468.409, F.S.; deleting
88 a requirement for record inspection; amending s.
89 468.410, F.S.; deleting a requirement to include
90 specified information in a contract between a talent
91 agency and applicant; amending s. 468.412, F.S.;
92 deleting recordkeeping and posting requirements;
93 amending s. 468.413, F.S.; revising criminal
94 penalties; conforming provisions to changes made by
95 the act; repealing s. 468.414, F.S., relating to the
96 deposit of certain funds in the Professional
97 Regulation Trust Fund; amending s. 468.415, F.S.;
98 prohibiting any agent, owner, or operator who commits
99 sexual misconduct in the operation of a talent agency
100 from acting as an agent, owner, or operator of a
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101 Florida talent agency; amending s. 468.505, F.S.;
102 providing that certain unlicensed persons are not
103 prohibited or restricted from his or her practice,
104 services, or activities in dietetics and nutrition
105 under certain circumstances; amending 468.524, F.S.;
106 deleting specified exemptions from the time
107 restriction for an employee leasing company to reapply
108 for licensure; amending s. 468.603, F.S.; revising a
109 definition; amending s. 468.609, F.S.; revising
110 certain experience requirements for a person to take
111 the examination for certification; revising the time
112 period a provisional certificate is valid; amending s.
113 468.613, F.S.; providing for waiver of specified
114 requirements for certification under certain
115 circumstances; amending s. 468.8314, F.S.; requiring
116 an applicant for a license by endorsement to maintain
117 a specified insurance policy; requiring the department
118 to certify an applicant who holds a specified license
119 issued by another state or territory of the United
120 States under certain circumstances; amending s.
121 469.006, F.S.; providing additional licensure
122 requirements for asbestos abatement consulting or
123 contracting as a partnership, corporation, business
124 trust, or other legal entity; amending s. 469.009,
125 F.S.; conforming provisions to changes made by the
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126 act; amending s. 471.015, F.S.; revising licensure
127 requirements for engineers who hold specified licenses
128 in another state; amending s. 473.308, F.S.; deleting
12 9 continuing education requirements for license by
130 endorsement for certified public accountants; amending
131 s. 474.202, F.S.; revising the definition of the term
132 "limited-service veterinary medical practice" to
133 include certain vaccinations or immunizations;
134 amending s. 474.203, F.S.; providing an exemption for
135 a person whose work is solely confined to microchip
136 implantation in dogs and cats; amending s. 474.207,
137 F.S.; revising education requirements for licensure by
138 examination; amending s. 474.217, F.S.; requiring the
139 Department of Business and Professional Regulation to
140 issue a license by endorsement to certain applicants
141 who successfully complete a specified examination;
142 amending s. 476.114, F.S.; revising training
143 requirements for licensure as a barber; amending s.
144 476.144, F.S.; requiring the department to license an
145 applicant who is licensed to practice barbering in
146 another state; amending s. 477.013, F.S.; revising the
147 definition of the term "hair braiding"; repealing s.
148 477.0132, F.S., relating to registration for hair
149 braiding, hair wrapping, and body wrapping; amending
150 s. 477.0135, F.S.; providing additional exemptions
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151 from license or registration requirements for
152 specified occupations or practices; amending s.
153 477.019, F.S.; conforming provisions to changes made
154 by the act; amending s. 477.0201, F.S.; providing
155 requirements for registration as a specialist;
156 amending s. 477.026, F.S.; conforming provisions to
157 changes made by the act; amending s. 477.0263, F.S.;
158 authorizing certain persons to perform specified
159 cosmetology services in a location other than a
160 licensed salon under certain circumstances; amending
161 ss. 477.0265 and 477.029, F.S.; conforming provisions
162 to changes made by the act; amending s. 481.201, F.S.;
163 deleting legislative findings relating to the practice
164 of interior design; amending s. 481.203, F.S.;
165 revising definitions; amending s. 481.205, F.S.;
166 renaming the Board of Architecture and Interior Design
167 as the Board of Architecture; revising membership of
168 the board; conforming provisions; amending ss.
169 481.207, 481.209, and 481.213, F.S.; conforming
170 provisions; amending s. 481.2131, F.S.; requiring
171 certain interior designers to include proof of
172 completed specified examination requirements when
173 submitting documents for the issuance of a building
174 permit; providing that a license or registration is
175 not required for specified persons to practice;
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176 amending ss. 481.215 and 481.217, F.S.; conforming
177 provisions to changes made by the act; amending s.
178 481.219, F.S.; deleting provisions permitting the
179 practice of or offer to practice interior design
180 through certain business organizations; deleting
181 provisions requiring certificates of authorization for
182 certain business organizations offering interior
183 design services to the public; requiring a licensee or
184 applicant in the practice of architecture to qualify a
185 business organization; providing requirements;
186 amending 481.221, F.S.; conforming provisions;
187 requiring a registered architect or a qualifying agent
188 for a business organization to display their license
189 number in specified advertisements; providing an
190 exception; amending ss. 481.222 and 481.223, F.S.;
191 conforming provisions; repealing s. 481.2251, F.S.,
192 relating to the practice and regulation of interior
193 design, registration for interior designers, and
194 disciplinary proceedings against registered interior
195 designers; amending ss. 481.229 and 481.231, F.S.;
196 conforming provisions; amending s. 481.303, F.S.;
197 deleting the definition of the term "certificate of
198 authorization"; amending s. 481.310, F.S.; providing
199 that an applicant who holds a specified degree is not
200 required to demonstrate 1 year of practical experience
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201 for licensure; amending s. 481.311, F.S.; requiring
202 the Board of Landscape Architecture to certify an
203 applicant who holds a specified license issued by
204 another state or territory of the United States under
205 certain circumstances; conforming provisions; amending
206 s. 481.313, F.S.; authorizing a landscape architect to
207 receive hour-for-hour credit for certain approved
208 continuing education courses under certain
209 circumstances; 481.317, F.S.; conforming provisions;
210 amending s. 481.319, F.S.; deleting the requirement
211 for a certificate of authorization; authorizing
212 landscape architects to practice through a corporation
213 or partnership; amending s. 481.321, F.S.; requiring a
214 landscape architect to display their certificate
215 number in specified advertisements; amending s.
216 481.329, F.S.; conforming a cross-reference; amending
217 s. 489.103, F.S.; revising certain contract prices for
218 exemption; amending s. 489.111, F.S.; providing that
219 an applicant who is exempt from a specified
220 examination is eligible for licensure; amending s.
221 489.113, F.S.; providing that an applicant holding a
222 specified degree does not have to pass a certain
223 examination; amending s. 489.115, F.S.; requiring the
224 Construction Industry Licensing Board to certify any
225 applicant who holds a specified license to practice
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226 contracting issued by another state or territory of
227 the United States under certain circumstances;
228 amending s. 489.511, F.S.; requiring the board to
229 certify as qualified for certification by endorsement
230 any applicant who holds a specified license to
231 practice electrical or alarm system contracting issued
232 by another state or territory of the United States
233 under certain circumstances; amending s. 489.517,
234 F.S.; providing a reduction in certain continuing
235 education hours required for registered contractors;
236 amending s. 489.518, F.S.; requiring a person to have
237 completed a specified amount of training within a
238 certain time period to perform the duties of an alarm
239 system agent; amending s. 492.104, F.S.; conforming
240 provisions to changes made by the act; amending
241 492.108, F.S.; requiring the department to issue a
242 license by endorsement to any applicant who has held a
243 specified license to practice geology in another
244 state, territory, or possession of the United States
245 for a certain period of time; providing that an
246 applicant may take the examination required by the
247 board if they have not met the specified examination
248 requirement; amending s. 492.111, F.S.; deleting the
249 requirements for a certificate of authorization for a
250 professional geologist; amending ss. 492.113 and
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251 492.115, F.S.; conforming provisions; amending s.
252 548.003, F.S.; deleting the requirement that the
253 Florida State Boxing Commission adopt rules relating
254 to a knockdown timekeeper; amending s. 548.017, F.S.;
255 deleting the licensure requirement for a timekeeper or
256 announcer; amending s. 553.5141, F.S.; conforming
257 provisions to changes made by the act; amending s.
258 553.74, F.S.; revising the membership and
259 qualifications of the Florida Building Commission;
2 60 amending ss. 553.79, 558.002, and 559.25, F.S.;
2 61 conforming provisions to changes made by the act;
262 amending s. 823.15, F.S.; authorizing certain persons
263 to implant dogs and cats with specified microchips
2 64 under certain circumstances; providing effective
265 dates.
266
2 67 Be It Enacted by the Legislature of the State of Florida:
2 68
269 Section 1. This act may be cited as the "Occupational
270 Freedom and Opportunity Act."
271 Section 2. Paragraph (a) of subsection (4) of section
272 20.165, Florida Statutes, is amended to read:
273 20.165 Department of Business and Professional
274 Regulation.-There is created a Department of Business and
275 Professional Regulation.
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276 (4) (a) The following boards and programs are established
277 within the Division of Professions:
278 1. Board of Architecture and Interior Design, created
279 under part I of chapter 481.
280 2. Florida Board of Auctioneers, created under part VI of
281 chapter 468.
282 2.-3-. Barbers' Board, created under chapter 476.
283 3.4-. Florida Building Code Administrators and Inspectors
284 Board, created under part XII of chapter 468.
285 4 . .§-. Construction Industry Licensing Board, created under
286 part I of chapter 489.
287 5.-6--.-- Board of Cosmetology, created under chapter 477.
288 6.+. Electrical Contractors' Licensing Board, created
289 under part II of chapter 489.
290 7.-&-. Board of Employee Leasing Companies, created under
291 part XI of chapter 468.
292 8.-9-. Board of Landscape Architecture, created under part
293 II of chapter 481.
294 9.±-9-.- Board of Pilot Commissioners, created under chapter
295 310.
296 10.-1-±-:- Board of Professional Engineers, created under
297 chapter 471.
298 11.~ Board of Professional Geologists, created under
299 chapter 492.
300 12.-1-3-.- Board of Veterinary Medicine, created under chapter
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301 474.
302 13.±4-. Horne inspection services licensing program, created
303 under part XV of chapter 468.
304 14.-l-§.. Mold-related services licensing program, created
305 under part XVI of chapter 468.
306 Section 3. Paragraphs (h) and (k) of subsection (2) of
307 section 287.055, Florida Statutes, are amended to read:
308 287.055 Acquisition of professional architectural,
309 engineering, landscape architectural, or surveying and mapping
310 services; definitions; procedures; contingent fees prohibited;
311 penalties.-
312 (2) DEFINITIONS.-For purposes of this section:
313 (h) A "design-build firm" means a partnership,
314 corporation, or other legal entity that:
315 1. Is certified under s. 489.119 to engage in contracting
316 through a certified or registered general contractor or a
317 certified or registered building contractor as the qualifying
318 agent; or
319 2. Is qualified certified under s. 471.023 to practice or
320 to offer to practice engineering; qualified certified under s.
321 481.219 to practice or to offer to practice architecture; or
322 qualified certified under s. 481.319 to practice or to offer to
323 practice landscape architecture.
324 (k) A "design criteria professional" means a firm that is
325 qualified who holds a current certificate of registration under
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326 chapter 481 to practice architecture or landscape architecture
327 or a firm who holds a current certificate as a registered
328 engineer under chapter 471 to practice engineering and who is
329 employed by or under contract to the agency for the providing of
330 professional architect services, landscape architect services,
331 or engineering services in connection with the preparation of
332 the design criteria package.
333 Section 4. Subsection (13) of section 326.004, Florida
334 Statutes, is amended to read:
335 326.004 Licensing.-
336 (13) Each broker must maintain a principal place of
337 business in this state and may establish branch offices in the
338 state. A separate liceRse must be maiRtaiRed for each braRch
339 office. The divisioR shall establish by rule a fee Rot to eHceed
340 $100 for each braRch office liceRse.
341 Section 5. Subsection (3) of section 447.02, Florida
342 Statutes, is amended to read:
343 447.02 Definitions.-The following terms, when used in this
344 chapter, shall have the meanings ascribed to them in this
345 section:
346 ( 3) The term "departmeRt" meaRs the DepartmeRt of BusiRess
347 aRd ProfessioRal RegulatioR.
348 Section 6. Section 447.04, Florida Statutes, is re:eealed.
349 Section 7 . Section 447.041, Florida Statutes, is re:eealed.
350 Section 8. Section 447.045, Florida Statutes, is re:eealed.
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351 Section 9. Section 447.06, Florida Statutes, is repealed.
352 Section 10. Subsections (6) and (8) of section 447.09,
353 Florida Statutes, are amended to read:
354 447.09 Right of franchise preserved; penalties.-It shall
355 be unlawful for any person:
356 (6) To aet as a business agent without having obtained and
357 possessing a valid and subsisting license or perfflit.
358 (8) To fflake any false statefflent in an application for a
359 license.
360 Section 11. Section 447.12, Florida Statutes, is repealed.
361 Section 12. Section 447.16, Florida Statutes, is repealed.
362 Section 13. Subsection (4) of section 447.305, Florida
363 Statutes, is amended to read:
364 447.305 Registration of employee organization.-
365 (4) Notification of registrations and renewals of
366 registration shall be furnished at regular intervals by the
367 cofflfflission to the Departfflent of Business and Professional
368 Regulation.
369 Section 14. Subsection (14) is added to section 455.213,
370 Florida Statutes, to read:
371 455.213 General licensing provisions.-
372 (14) The department or a board must enter into a
373 reciprocal licensing agreement with other states if the practice
374 act within the purview of this chapter permits such agreement.
375 If a reciprocal licensing agreement exists or if the department
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376 or board has determined another state's licensing requirements
377 or examinations to be substantially similar to those under the
378 practice act, the department or board must post on its website
379 which jurisdictions have such reciprocal licensing agreements or
380 substantially similar licenses.
381 Section 15. Section 455.2278, Florida Statutes, is created
382 to read:
383 455.2278 Restriction on disciplinary action for student
384 loan default.-
385 ( 1) DEFINITIONS.-As used in this section, the term:
386 (a) "Default" means the failure to repay a student loan
387 according to the terms agreed to in the promissory note.
388 (b) "Delinquency" means the failure to make a student loan
389 payment when it is due.
390 (c) "Student loan" means a federal-guaranteed or state-
391 guaranteed loan for the purposes of postsecondary education.
392 (d) "Work-conditional scholarship" means an award of
393 financial aid for a student to further his or her education
394 which imposes an obligation on the student to complete certain
395 work-related requirements to receive or to continue receiving
396 the scholarship.
397 (2) STUDENT LOAN DEFAULT; DELINQUENCY.-The department or a
398 board may not suspend or revoke a license that it has issued to
399 any person who is in default on or delinquent in the payment of
400 his or her student loans solely on the basis of such default or
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401 delinquency.
402 (3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.-The department
403 or a board may not suspend or revoke a license that it has
404 issued to any person who is in default on the satisfaction of
405 the requirements of his or her work-conditional scholarship
406 solely on the basis of such default.
407 Section 16. Section 468.381, Florida Statutes, is
408 repealed.
409 Section 17. Section 468.382, Florida Statutes, is amended
410 to read:
411 468.382 Oefinitions.-As used in this act, the term:
412 fil+&+- "Absolute auction" means an auction that requires
413 no minimum opening bid that limits the sale other than to the
414 highest bidder.
415 ill+++ "Agricultural product" means the natural products
416 from a farm, nursery, grove, orchard, vineyard, garden, or
417 apiary, including livestock, tobacco, and vegetables and
418 includes those agricultural products as defined in chapter 618.
419 ill+±+ "Auction business" means a sole proprietorship,
420 partnership, or corporation which in the regular course of
421 business arranges, manages, sponsors, advertises, promotes, or
422 carries out auctions, employs auctioneers to conduct auctions in
423 its facilities, or uses or allows the use of its facilities for
424 auctions.
425 J.il-f-2-t "Auctioneer" means any person who conducts auctions
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426 within the state licensed pursuant to this part who holds a
427 valid Florida auctioneer license.
428 ( 3) "Apprentice" means any person who is being trained as
429 an auctioneer by a licensed auctioneer.
430 ( 4) "Board" means the Florida Board of .1'1uctioneers.
431 ( §) "Department" means the Department of Business and
432 Professional Regulation.
433 ill-f-6+- "Livestock" means any animal included in the
434 definition of "livestock" bys. 585.01 ors. 588.13.
435 Section 18. Section 468.384, Florida Statutes, is
436 repealed.
437 Section 19. Section 468.385, Florida Statutes, is
438 repealed.
439 Section 20. Section 468.3851, Florida Statutes, is
440 repealed.
441 Section 21. Section 468.3852, Florida Statutes, is
442 repealed.
443 Section 22. Section 468.3855, Florida Statutes, is
444 repealed.
445 Section 23. Section 468.386, Florida Statutes, is
446 repealed.
447 Section 24. Section 468.387, Florida Statutes, is
448 repealed.
449 Section 25. Subsections ( 6) through (11) of section
450 468.388, Florida Statutes, are renumbered as subsections (4)
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451 through (9), respectively, and present subsections (3), (4),
452 ( 5) , ( 9) , ( 10) , and ( 11) are amended to read:
453 468.388 Conduct of an auction.-
454 (3) Each auctioneer or auction business shall maintain a
455 record book of all sales. The reeord book shall be open to
456 inspection by the board at reasonable times.
457 ( 4) Each auction must be conducted by an auctioneer who
458 has an active license or by an apprentice who has an active
459 apprentice auctioneer license and who has received prior written
460 sponsor consent. Each auction must be conducted under the
461 auspices of a licensed auction business. Any auctioneer or
462 apprentice auctioneer conducting an auction, and any auction
463 business under whose auspices such auction is held, shall be
464 responsible for determining that any auctioneer, apprentice, or
465 auction business with whom they are associated in conducting
466 such auction has an active Florida auctioneer, apprentice, or
467 auction business license.
468 (5) The principal auctioneer shall prominently display at
469 the auction site the licenses of the principal auctioneer, the
470 auction business, and any other licensed auctioneers or
471 apprentices who are actively participating in the auction. If
472 such a display is not practicable, then an oral announcement at
473 the beginning of the auction or a prominent written announcement
474 that these licenses are available for inspection at the auction
475 site must be made.
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476 J..21+9+ The auction business under which the auction is
477 conducted is responsible for all other aspects of the auction as
478 required by this part board rule. The auction business may
479 delegate in whole, or in part, different aspects of the auction
480 only to the extent that such delegation is permitted by law and
481 that such delegation will not impede the principal auctioneer's
482 ability to ensure the proper conduct of his or her independent
483 responsibility for the auction. The auction business under whose
484 auspices the auction is conducted is responsible for ensuring
485 compliance as required by this part board rule.
486 (8)-H:-9-t-(a) When settlement is not made immediately after
487 an auction, all sale proceeds received for another person must
488 be deposited in an escrow or trust account in an insured bank or
489 savings and loan association located in this state within 2
490 working days after the auction. A maximum of $100 may be kept in
491 the escrow account for administrative purposes.
492 (b) Each auction business shall maintain, for not less
493 than 2 years, a separate ledger showing the funds held for
494 another person deposited and disbursed by the auction business
495 for each auction. The escrow or trust account must be reconciled
496 monthly with the bank statement. A signed and dated record shall
497 be maintained for a 2-year period and be available for
498 inspection by the department or at the request of the board.
499 (c) Any interest which accrues to sale proceeds on deposit
500 shall be the property of the seller for whom the funds were
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501 received unless the parties have agreed otherwise by written
502 agreement executed prior to the auction.
503 (d) Unless otherwise provided by written agreement
504 executed prior to the auction, funds received by an auctioneer
505 or auction business a licensee from the seller or his or her
506 agent for expenses, including advertising, must be expended for
507 the purposes advanced or refunded to the seller at the time of
508 final settlement. Any funds so received shall be maintained in
509 an escrow or trust account in an insured bank or savings and
510 loan association located in this state. However, this does not
511 prohibit advanced payment of a flat fee.
512 (11) (a) All advertising by an auctioneer or auction
513 business shall include the naffie and Florida license nufflber of
514 such auctioneer and auction business. The term "advertising"
515 shall not include articles of clothing, directional signs, or
516 other profflotional novelty iteffis.
517 (9) (a)-te+ No licensed auctioneer, apprentice, or auction
518 business may disseminate or cause to be disseminated any
519 advertisement or advertising which is false, deceptive,
520 misleading, or untruthful. Any advertisement or advertising
521 shall be deemed to be false, deceptive, misleading, or
522 untruthful if it:
523 1. Contains misrepresentations of facts.
524 2. Is misleading or deceptive because, in its content or
525 in the context in which it is presented, it makes only a partial
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52 6 disclosure of relevant facts.
527 3. Creates false or unjustified expectations of the
528 services to be performed.
529 4. Contains any representation or elaiffl whieh the
530 advertising lieensee fails to perforffi.
531 §. Fails to include the naffie and license nuffiber of the
532 principal auctioneer and the auction business.
533 6. Fails to include the naffie and license nuffiber of the
534 sponsor if an apprentice is acting as the principal auctioneer.
535 4.-+. Advertises an auction as absolute without specifying
536 any and all items to be sold with reserve or with minimum bids.
537 5.-8--. Fails to include the percentage amount of any buyer's
538 premium or surcharge which is a condition to sale.
539 J...el+e+- The provisions of this subsection apply to media
540 exposure of any nature, regardless of whether it is in the form
541 of paid advertising.
542 ~-ta+- The auction business shall be responsible for the
543 content of all advertising disseminated in preparation for an
544 auction.
545 Section 26. Section 468.389, Florida Statutes, is amended
546 to read:
547 468.389 Prohibited acts; penalties.-
548 +±+ The following acts shall be grounds for a civil cause
549 of action for damages against an auctioneer, auction business,
550 or any owner or manager thereof or, in the case of corporate
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551 ownership, any substantial stockholder of the corporation owning
552 the auction business the disciplinary activities provided in
553 subsections (2) and (3):
554 __(JJ_-f-a+ A violation of any law relating to trade or
555 commerce of this state or of the state in which an auction is
556 conducted.
557 (2)-fb-t- Misrepresentation of property for sale at auction
558 or making false promises concerning the use, value, or condition
559 of such property by an auctioneer or auction business or by
560 anyone acting as an agent of or with the consent of the
561 auctioneer or auction business.
562 (3)-te+- Failure to account for or to pay or return, within
563 a reasonable time not to exceed 30 days, money or property
564 belonging to another which has come into the control of an
565 auctioneer or auction business through an auction.
566 J..il-ta+ False, deceptive, misleading, or untruthful
567 advertising.
568 (5)-te+ Any conduct in connection with a sales transaction
569 which demonstrates bad faith or dishonesty.
570 l.§1~ Using or permitting the use of false bidders,
571 cappers, or shills.
572 ( g) Halcing any Ffl.aterial false stateffl.ent on a license
573 application.
574 J...2.l-th+- Commingling money or property of another person
575 with his or her own. Every auctioneer and auction business shall
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576 maintain a separate trust or escrow account in an insured bank
577 or savings and loan association located in this state in which
578 shall be deposited all proceeds received for another person
579 through an auction sale.
580 ~-f-i+ Refusal or neglect of any auctioneer or other
581 receiver of public moneys to pay the moneys so received into the
582 State Treasury at the times and under the regulations prescribed
583 by law.
584 J...21-H-+ Violating a statute or administrative rule
585 regulating practice under this part or a lawful disciplinary
586 order of the board or the department.
587 (k) Having a license to practice a comparable profession
588 revolced, suspended, or otherwise acted against by another state,
589 territory, or country.
590 J...!.Q. t+l+ Being convicted or found guilty, regardless of
591 adjudication, of a crime in any jurisdiction which directly
592 relates to the practice or the ability to practice the
593 profession of auctioneering.
594 (2) When the board finds any person guilty of any of the
595 prohibited acts set forth in subsection (1), it may enter an
596 order imposing one or more of the following penalties:
597 (a) Refusal to certify to the department an application
598 for licensure.
599 (b) Revocation or suspension of a license.
600 (c) Imposition of an administrative fine not to oweed
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601 $1,000 for each count or separate offense.
602 (d) Issuance of a reprimand.
603 (e) Placement of the auctioneer on probation for a period
604 of time and subject to conditions as the board may specify,
605 including requiring the auctioneer to successfully complete the
606 licensure examination.
607 (f) Requirement that the person in violation make
608 restitution to each consliffier affected by that violation. Proof
609 of such restitution shall be a signed and notari~ed release
610 eJcecuted by the consumer or the consumer's estate.
611 (3) (a) Failure to pay a fine within a reasonable time, as
612 prescribed by board rule, may be grounds for disciplinary
613 action.
614 (b) The department may file for an injunction or bring any
615 other appropriate civil action against anyone who violates this
616 part.
617 Section 27. Section 468.391, Florida Statutes, is amended
618 to read:
619 468.391 Penalty.-Any auctioneer, apprentice, or auction
620 business or any owner or manager thereof, or, in the case of
621 corporate ownership, any substantial stockholder of the
622 corporation owning the auction business, who operates without an
623 active license or violates s. 468 .389 (3), (5), (6), (7), or (8)
624 s. 468.389(1) (c), (e), (f), (h), or (i) commits a felony of the
625 third degree, punishable as provided ins. 775.082 ors.
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626 775.083.
627 Section 28. Section 468.392, Florida Statutes, is
628 repealed.
629 Section 29. Section 468.393, Florida Statutes, is
630 repealed.
631 Section 30. Section 468.394, Florida Statutes, is
632 repealed.
633 Section 31. Section 468.395, Florida Statutes, is
634 repealed.
635 Section 32. Section 468.396, Florida Statutes, is
636 repealed.
637 Section 33. Section 468.397, Florida Statutes, is
638 repealed.
639 Section 34. Section 468.398, Florida Statutes, is
640 repealed.
641 Section 35. Section 468.399, Florida Statutes, is
642 repealed.
643 Section 36. Section 468.401, Florida Statutes, is amended
644 to read:
645 468.401 Regulation of Talent agencies; definitions.-As
646 used in this part, the term or any rule adopted pursuant hereto:
647 ill._-+-&+- "Artist" means a person performing on the
648 professional stage or in the production of television, radio, or
649 motion pictures; a musician or group of musicians; or a model.
650 Ql-f-++- "Buyer" or "employer" means a person, company,
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651 partnership, or corporation that uses the services of a talent
652 agency to provide artists.
653 (3) "Compensation" means any one or more of the following:
654 (a) Any money or other valuable consideration paid or
655 promised to be paid for services rendered by any person
656 conducting the business of a talent agency under this part;
657 (b) Any money received by any person in excess of that
658 which has been paid out by such person for transportation,
659 transfer of baggage, or board and lodging for any applicant for
660 employment; or
661 (c) The difference between the amount of money received by
662 any person who furnishes employees, performers, or entertainers
663 for circus, vaudeville, theatrical, or other entertainments,
664 exhibitions, engagements, or performances and the amount paid by
665 him or her to such employee, performer, or entertainer.
666 ( 4) "Engagement" means any employment or placement of an
667 artist, where the artist performs in his or her artistic
668 capacity. However, the term "engagement" shall not apply to
669 procuring opera, music, theater, or dance engagements for any
670 organization defined ins. 50l(c) (3) of the Internal Revenue
671 Code or any nonprofit Florida arts organization that has
672 received a grant from the Division of Cultural Affairs of the
673 Department of State or has participated in the state touring
674 program of the Division of Cultural Affairs.
675 ( §) "Department" means the Department of Business and
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67 6 Professional Regulation.
677 ill-+# "Operator" means the person who is or who will be
678 in actual charge of a talent agency.
679 ill~ "Owner" means any partner in a partnership, member
680 of a firm, or principal officer or officers of a corporation,
681 whose partnership, firm, or corporation owns a talent agency, or
682 any individual who is the sole owner of a talent agency.
683 J..21+9+ "Person" means any individual, company, society,
684 firm, partnership, association, corporation, manager, or any
685 agent or employee of any of the foregoing.
686 ( 10) "License" means a license issued by the Department of
687 Business and Professional Regulation to carry on the business of
688 a talent agency under this part.
689 ( 11) "Licensee" means a talent agency which holds a valid
690 unrevoked and unforfeited license issued under this part.
691 fil+l+ "Talent agency" means any person who, for
692 compensation, engages in the occupation or business of procuring
693 or attempting to procure engagements for an artist.
694 Section 37. Section 468.402, Florida Statutes, is
695 repealed.
696 Section 38. Section 468.403, Florida Statutes, is
697 repealed.
698 Section 39. Section 468.404, Florida Statutes, is
699 re:eealed.
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700 Section 40. Section 468.405, Florida Statutes, is
701 repealed.
702 Section 41. Subsection (1) of section 468.406, Florida
703 Statutes, is amended to read:
704 468.406 Fees to be charged by talent agencies; rates;
705 display.-
706 (1) Each owner or operator of a talent agency shall post
707 in a conspicuous place in each place of business of the agency
708 applicant for a license shall file with the application an
709 itemized schedule of maximum fees, charges, and commissions that
710 which it intends to charge and collect for ±-t-5- services. The
711 ~ schedule may thereafter be raised only by filing with the
712 department an amended or supplemental schedule at least 30 days
713 before the change is to become effective. The schedule shall be
714 posted in a conspicuous place in each place of business of the
715 agency and shall be printed in not less than a 30-point
716 boldfaced type, except that an agency that uses written
717 contracts containing maximum fee schedules need not post such
718 schedules.
719 Section 42. Section 468.407, Florida Statutes, is
720 repealed.
721 Section 43. Subsection (1) of section 468.408, Florida
722 Statutes, is amended to read:
723 468.408 Bond required.-
724 (1) An owner or operator of a There shall be filed with
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725 the department for each talent agency shall obtain license a
726 bond in the form of a surety by a reputable company engaged in
727 the bonding business and authorized to do business in this
728 state. The bond shall be for the penal sum of $5,000, with one
729 or more sureties to be approved by the departffient, and be
730 conditioned that the owner or operator of the talent agency
731 applicant conform to and not violate any of the duties, terms,
732 conditions, provisions, or requirements of this part. Such bond
733 may not be issued or renewed by the bonding agency unless each
734 owner or operator of a talent agency submits fingerprints to the
735 Department of Law Enforcement for a state criminal history
736 record check and to the Federal Bureau of Investigation for a
737 national criminal history record check, and the bonding agency
738 verifies by examination of the criminal history records checks
739 that each owner or operator has not been convicted of a crime
740 that would require registration as a sexual offender, as
741 required ins. 943.0435 ors. 944.607, or as a sexual predator,
742 as required under s. 775.21.
743 (a) If any person is aggrieved by the misconduct of any
744 talent agency, the person may maintain an action in his or her
745 own name upon the bond of the agency in any court having
746 jurisdiction of the amount claimed. All such claims shall be
747 assignable, and the assignee shall be entitled to the same
748 remedies, upon the bond of the agency or otherwise, as the
749 person aggrieved would have been entitled to if such claim had
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750 not been assigned. Any claim or claims so assigned may be
751 enforced in the name of such assignee.
752 (b) The bonding company shall notify the talent agency
753 department of any claim against such bond, and a copy of such
754 notice shall be sent to the talent agency against which the
755 claim is made.
756 Section 44. Section 468.409, Florida Statutes, is amended
757 to read:
758 468.409 Records required to be kept.-Each talent agency
759 shall keep on file the application, registration, or contract of
760 each artist. In addition, such file must include the name and
761 address of each artist, the amount of the compensation received,
762 and all attempts to procure engagements for the artist. No such
763 agency or employee thereof shall knowingly make any false entry
764 in applicant files or receipt files. Each card or document in
765 such files shall be preserved for a period of 1 year after the
766 date of the last entry thereon. Records required under this
767 section shall be readily available for inspection by the
768 department during reasonable business hours at the talent
769 agency's principal office. A talent agency must provide the
770 department with true copies of the records in the manner
771 prescribed by the department.
772 Section 45. Subsection (3) of section 468.410, Florida
773 Statutes, is amended to read:
774 468.410 Prohibition against registration fees; referral.-
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775 (3) A talent agency shall give each applicant a copy of a
776 contract, within 24 hours after the contract's execution, which
777 lists the services to be provided and the fees to be charged.
778 The contract shall state that the talent agency is regulated by
779 the department and shall list the address and telephone nufflber
780 of the department.
781 Section 46. Subsections (4) through (11) of section
782 468.412, Florida Statutes, are renumbered as subsections (3)
783 through ( 10), respectively, and present subsections ( 2), ( 3),
784 (4), (6), and (11) of that section are amended to read:
785 468.412 Talent agency regulations; prohibited acts.-
786 (2) Each talent agency shall keep records in which shall
787 be entered:
788 (a) The name and address of each artist employing such
789 talent agency~-t-
790 (b) The amount of fees received from each such artist.--,-
791 (c) The employment in which each such artist is engaged at
792 the time of employing such talent agency and the amount of
793 compensation of the artist in such employment, if any, and the
794 employments subsequently secured by such artist during the term
795 of the contract between the artist and the talent agency and the
796 amount of compensation received by the artist pursuant thereto.--,-
797 aoo
798 (d) Other information which the department may require
799 from tiffle to time.
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800 ( 3) .7\11 books, records, and other papers kept pursuant to
801 this act by any talent agency shall be open at all reasonable
802 hours to the inspection of the departfflent and its agents. Each
803 talent agency shall furnish to the departfflent, upon request, a
804 true copy of such books, records, and papers, or any portion
805 thereof, and shall fflake such reports as the departfflent fflay
806 prescribe froffl tiffle to tiffle.
807 Jl.1+4+ Each talent agency shall post in a conspicuous
808 place in the office of such talent agency a printed copy of this
809 part and of the rules adopted under this part. Such copies shall
810 also contain the naffle and address of the officer charged with
811 enforcing this part. The departfflent shall furnish to talent
812 agencies printed copies of any statute or rule required to be
813 posted under this subsection.
814 J..21+6+ A Ne talent agency may not publish or cause to be
815 published any false, fraudulent, or misleading information,
816 representation, notice, or advertisement. All advertisements of
817 a talent agency by means of card, circulars, or signs, and in
818 newspapers and other publications, and all letterheads,
819 receipts, and blanks shall be printed and contain the licensed
820 name, departfflent license nufflber, and address of the talent
821 agency and the words "talent agency." '!2_ Ne talent agency may not
822 give any false information or make any false promises or
823 representations concerning an engagement or employment to any
824 applicant who applies for an engagement or employment.
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825 J..l.Ql_-f-±-±+ A talent agency may assign an engagement contract
82 6 to another talent agency licensed in this state only if the
827 artist agrees in writing to the assignment. The assignment must
828 occur, and written notice of the assignment must be given to the
82 9 artist, within 30 days after the artist agrees in writing to the
830 assignment.
831 Section 47. Section 468.413, Florida Statutes, is amended
832 to read:
833 468.413 Legal requirements; penalties.-
834 (1) Bach of the following acts constitutes a felony of the
835 third degree, punishable as provided ins. 775.082, s. 775.083,
836 ors. 775.084:
837 (a) Owning or operating, or soliciting business as, a
838 talent agency in this state without first procuring a license
839 from the department.
840 (b) Obtaining or attempting to obtain a license by means
841 of fraud, misrepresentation, or concealment.
842 Jll-f-2-+- Each of the following acts constitutes a
843 misdemeanor of the second degree, punishable as provided ins.
844 775.082 ors. 775.083:
845 (a) Relocating a business as a talent agency, or operating
846 under any name other than that designated on the license, unless
847 written notification is given to the department and to the
848 surety or sureties on the original bond, and unless the license
849 is returned to the department for the recording thereon of such
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850 changes.
851 (b) Assigning or atteffipting to assign a license issued
852 under this part.
853 (c) Failing to show on a license application whether or
854 not the agency or any owner of the agency is financially
855 interested in any other business of like nature and, if so,
856 failing to specify such interest or interests.
857 ~-fe:t Failing to maintain the records required bys.
858 468.409 or knowingly making false entries in such records.
859 J..el-te+ Requiring as a condition to registering or
860 obtaining employment or placement for any applicant that the
861 applicant subscribe to, purchase, or attend any publication,
8 62 postcard service, advertisement, resume service, photography
863 service, school, acting school, workshop, or acting workshop.
864 ~~ Failing to give each applicant a copy of a contract
865 which lists the services to be provided and the fees to be
866 charged by, which states that the talent agency is regulated by
867 the departfflent, and which lists the address and telephone nufflber
868 of the departfflent.
869 ~~ Failing to maintain a record sheet as required by
870 s. 468.412(1).
871 ~-f-R+ Knowingly sending or causing to be sent any artist
872 to a prospective employer or place of business, the character or
873 operation of which employer or place of business the talent
874 agency knows to be in violation of the laws of the United States
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875 or of this state.
876 ( 3) The court ffiay, in addition to other punishffient
877 provided for in subsection (2), suspend or revoke the license of
878 any licensee under this part who has been found guilty of any
879 ffiisdeffieanor listed in subsection (2).
880 Jl.l-f-4-r In the event that the departffient or any state
881 attorney shall have probable cause to believe that a talent
882 agency or other person has violated any provision of subsection
883 (1), an action may be brought by the departffient or any state
884 attorney to enjoin such talent agency or any person from
885 continuing such violation, or engaging therein or doing any acts
886 in furtherance thereof, and for such other relief as to the
887 court seems appropriate. In addition to this reffiedy, the
888 departffient ffiay assess a penalty against any talent agency or any
889 person in an amount not to eHceed $5,000.
890 Section 48. Section 468.414, Florida Statutes, is
891 repealed.
892 Section 49. Section 468.415, Florida Statutes, is amended
893 to read:
894 468.415 Sexual misconduct in the operation of a talent
895 agency.-The talent agent-artist relationship is founded on
896 mutual trust. Sexual misconduct in the operation of a talent
897 agency means violation of the talent agent-artist relationship
898 through which the talent agent uses the relationship to induce
899 or attempt to induce the artist to engage or attempt to engage
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900 in sexual activity. Sexual misconduct is prohibited in the
901 operation of a talent agency. ±-f- Any agent, owner, or operator
902 of a licensed talent agency who commits is found to have
903 cofflfflittcd sexual misconduct in the operation of a talent agencyT
904 the agency license shall be permanently revoked. Such agent,
905 owner, or operator shall be permanently prohibited from acting
906 disqualified from present and future liccnsurc as an agent,
907 owner~ or operator of a Florida talent agency.
908
909 Section 50. Paragraph (n) is added to subsection (1) of
910 section 468.505, Florida Statutes, to read:
911 468.505 Exemptions; exccptions.-
912 (1) Nothing in this part may be construed as prohibiting
913 or restricting the practice, services, or activities of:
914 (n) A person who provides information, recommendations, or
915 advice concerning nutrition, or who markets food, food
916 materials, or dietary supplements for remuneration, if that
917 person docs not represent himself or herself as a dietitian,
918 licensed dietitian, registered dietitian, licensed nutritionist,
919 nutrition counselor, or licensed nutrition counselor, or use any
920 word, letter, symbol, or insignia indicating or implying that he
921 or she is a dietitian, nutritionist, or nutrition counselor.
922 Section 51. Subsection (4) of section 468.524, Florida
923 Statutes, is amended to read:
924 468.524 Application for license.-
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925 (4) ~ An applicant or licensee is ineligible to reapply
926 for a license for a period of 1 year following final agency
927 action on the denial or revocation of a license applied for or
928 issued under this part. This time restriction does not apply to
929 administrative denials or revocations entered because:
930 (a) The applicant or licensee has made an inadvertent
931 error or omission on the application;
932 (b) The experience documented to the board was
933 insufficient at the time of the previous application; or
934 (c) The department is unable to complete the criminal
935 background investigation because of insufficient information
936 from the Florida Department of Law Bnforcement, the Federal
937 Bureau of Investigation, or any other applicable law enforcement
938 agency;
939 ~+a+ The applicant or licensee has failed to submit
940 required fees.-t----e-r-
941 (e) An applicant or licensed employee leasing company has
942 been deemed ineligible for a license because of the lack of good
943 moral character of an individual or individuals when ouch
944 individual or individuals are no longer employed in a capacity
945 that would require their licensing under this part.
946 Section 52. Paragraph (f) of subsection (5) of section
947 468.603, Florida Statutes, is amended to read:
948 468.603 Definitions.-As used in this part:
949 (5) "Categories of building code inspectors" include the
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950 following:
951 (f) "Residential One and two family dwelling inspector"
952 means a person who is qualified to inspect and determine that
953 one-family, two-family, or three-family residences not exceeding
954 two habitable stories above no more than one uninhabitable story
955 and accessory use structures in connection therewith one and two
956 family dwellings and accessory structures are constructed in
957 accordance with the provisions of the governing building,
958 plumbing, mechanical, accessibility, and electrical codes.
959 Section 53. Paragraph (c) of subsection (2) and paragraph
960 (a) of subsection (7) of section 468.609, Florida Statutes, are
961 amended to read:
962 468.609 Administration of this part; standards for
963 certification; additional categories of certification.-
964 (2) A person may take the examination for certification as
965 a building code inspector or plans examiner pursuant to this
966 part if the person:
967 (c) Meets eligibility requirements according to one of the
968 following criteria:
969 1. Demonstrates i ~ years' combined experience in the
970 field of construction or a related field, building code
971 inspection, or plans review corresponding to the certification
972 category sought;
973 2. Demonstrates a combination of postsecondary education
974 in the field of construction or a related field and experience
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975 which totals 14 years, with at least 1 year of such total being
97 6 experience in construction, building code inspection, or plans
977 review;
978 3. Demonstrates a combination of technical education in
979 the field of construction or a related field and experience
980 which totals 14 years, with at least 1 year of such total being
981 experience in construction, building code inspection, or plans
982 review;
983 4. Currently holds a standard certificate issued by the
984 board or a firesafety inspector license issued pursuant to
985 chapter 633, has a minimum of 3 years' verifiable full-time
986 experience in inspection or plan review, and has satisfactorily
987 completed a building code inspector or plans examiner training
988 program that provides at least 100 hours but not more than 200
989 hours of cross-training in the certification category sought.
990 The board shall establish by rule criteria for the development
991 and implementation of the training programs. The board shall
992 accept all classroom training offered by an approved provider if
993 the content substantially meets the intent of the classroom
994 component of the training program;
995 5. Demonstrates a combination of the completion of an
996 approved training program in the field of building code
997 inspection or plan review and a minimum of 2 years' experience
998 in the field of building code inspection, plan review, fire code
999 inspections and fire plans review of new buildings as a
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1000 firesafety inspector certified under s. 633.216, or
1001 construction. The approved training portion of this requirement
1002 shall include proof of satisfactory completion of a training
1003 program that provides at least 200 hours but not more than 300
1004 hours of cross-training that is approved by the board in the
1005 chosen category of building code inspection or plan review in
1006 the certification category sought with at least 20 hours but not
1007 more than 30 hours of instruction in state laws, rules, and
1008 ethics relating to professional standards of practice, duties,
1009 and responsibilities of a certificateholder. The board shall
1010 coordinate with the Building Officials Association of Florida,
1011 Inc., to establish by rule the development and implementation of
1012 the training program. However, the board shall accept all
1013 classroom training offered by an approved provider if the
1014 content substantially meets the intent of the classroom
1015 component of the training program;
1016 6. Currently holds a standard certificate issued by the
1017 board or a firesafety inspector license issued pursuant to
1018 chapter 633 and:
1019 a. Has at least i ~ years' verifiable full-time experience
1020 as an inspector or plans examiner in a standard certification
1021 category currently held or has a minimum of 4 ~ years'
1022 verifiable full-time experience as a firesafety inspector
1023 licensed pursuant to chapter 633.
1024 b. Has satisfactorily completed a building code inspector
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1025 or plans examiner classroom training course or program that
102 6 provides at least 200 but not more than 300 hours in the
1027 certification category sought, except for one-family and two-
1028 family dwelling training programs, which must provide at least
1029 500 but not more than 800 hours of training as prescribed by the
1030 board. The board shall establish by rule criteria for the
1031 development and implementation of classroom training courses and
1032 programs in each certification category; or
1033 7.a. Has completed a 4-year internship certification
1034 program as a building code inspector or plans examiner while
1035 employed full-time by a municipality, county, or other
1036 governmental jurisdiction, under the direct supervision of a
1037 certified building official. Proof of graduation with a related
1038 vocational degree or college degree or of verifiable work
1039 experience may be exchanged for the internship experience
1040 requirement year-for-year, but may reduce the requirement to no
1041 less than 1 year.
1042 b. Has passed an examination administered by the
1043 International Code Council in the certification category sought.
1044 Such examination must be passed before beginning the internship
1045 certification program.
1046 c. Has passed the principles and practice examination
1047 before completing the internship certification program.
1048 d. Has passed a board-approved 40-hour code training
1049 course in the certification category sought before completing
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1050 the internship certification program.
1051 e. Has obtained a favorable recommendation from the
1052 supervising building official after completion of the internship
1053 certification program.
1054 ( 7) (a) The board shall provide for the issuance of
1055 provisional certificates valid for 2 years 1 year, as specified
1056 by board rule, to any building code inspector or plans examiner
1057 who meets the eligibility requirements described in subsection
1058 (2) and any newly employed or promoted building code
1059 administrator who meets the eligibility requirements described
1060 in subsection (3). The provisional license may be renewed by the
1061 board for just cause; however, a provisional license is not
1062 valid for longer than 3 years.
1063 Section 54. Section 468.613, Florida Statutes, is amended
1064 to read:
1065 468.613 Certification by endorsement.-The board shall
1066 examine other certification or training programs, as applicable,
1067 upon submission to the board for its consideration of an
1068 application for certification by endorsement. The board shall
1069 waive its examination, qualification, education, or training
1070 requirements, to the extent that such examination,
1071 qualification, education, or training requirements of the
1072 applicant are determined by the board to be comparable with
1073 those established by the board. The board shall waive its
1074 examination, qualification, education, or training requirements
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1075 if an applicant for certification by endorsement is at least 18
1076 years of age; is of good moral character; has held a valid
1077 building administrator, inspector, plans examiner, or the
1078 equivalent, certification issued by another state or territory
1079 of the United States for at least 10 years before the date of
1080 application; and has successfully passed an applicable
1081 examination administered by the International Codes Council.
1082 Such application must be submitted to the board while the
1083 applicant holds a valid license in another state or territory or
1084 within 2 years after the expiration of such license.
1085 Section 55. Subsection (3) of section 468.8314, Florida
1086 Statutes, is amended to read:
1087 468.8314 Licensure.-
1088 (3) The department shall certify as qualified for a
1089 license by endorsement an applicant who is of good moral
1090 character as determined ins. 468.8313, who maintains an
1091 insurance policy as required bys. 468.8322, and who:7
1092 ~ Holds a valid license to practice home inspection
1093 services in another state or territory of the United States,
1094 whose educational requirements are substantially equivalent to
1095 those required by this part; and has passed a national,
1096 regional, state, or territorial licensing examination that is
1097 substantially equivalent to the examination required by this
1098 part; or
1099 (b) Has held a valid license to practice home inspection
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1100 services issued by another state or territory of the United
1101 States for at least 10 years before the date of application.
1102 Such application must be submitted to the department while the
1103 applicant holds a valid license in another state or territory or
1104 within 2 years after the expiration of such license.
1105 Section 56. Paragraphs (a) and (e) of subsection (2),
1106 subsection (3), paragraph (bl of subsection (4), and subsection
1107 (6) of section 469.006, Florida Statutes, are amended to read:
1108 469.006 Licensure of business organizations; qualifying
1109 agents.-
1110 (2) (a) If the applicant proposes to engage in consulting
1111 or contracting as a partnership, corporation, business trust, or
1112 other legal entity, or in any name other than the applicant's
1113 legal name, the legal entity fflust apply for licensure through a
1114 qualifying agent or the individual applicant must qualify apply
1115 for licensure under the business organization fictitious naffie.
1116 (e) ?:_~license, when issued upon application of a
1117 business organiEation, must be in the name of the qualifying
1118 agent business organiEation, and the name of the business
1119 organization qualifying agent must be noted on the license
1120 thereon. If there is a change in any information that is
1121 required to be stated on the application, the qualifying agent
1122 business organiEation shall, within 45 days after such change
1123 occurs, mail the correct information to the department.
1124 (3) The qualifying agent must shall be licensed under this
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1125 chapter in order for the business organization to be qualified
1126 licensed in the category of the business conducted for which the
1127 qualifying agent is licensed. If any qualifying agent ceases to
1128 be affiliated with such business organization, the agent shall
1129 so inform the department. In addition, if such qualifying agent
1130 is the only licensed individual affiliated with the business
1131 organization, the business organization shall notify the
1132 department of the termination of the qualifying agent and has
1133 shall have 60 days a f t e r ~ the date of termination of the
1134 qualifying agent's affiliation with the business organization -i-fr
1135 which to employ another qualifying agent. The business
1136 organization may not engage in consulting or contracting until a
1137 qualifying agent is employed, unless the department has granted
1138 a temporary nonrenewable license to the financially responsible
1139 officer, the president, the sole proprietor, a partner, or, in
1140 the case of a limited partnership, the general partner, who
1141 assumes all responsibilities of a primary qualifying agent for
1142 the entity. This temporary license only allows shall only allow
1143 the entity to proceed with incomplete contracts.
1144 ( 4)
1145 (b) Upon a favorable determination by the department,
1146 after investigation of the financial responsibility, credit, and
1147 business reputation of the qualifying agent and the new business
1148 organization, the department shall issue, without any
1149 examination, a new license in the qualifying agent's business
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1150 organization's name, and the name of the business organization
1151 qualifying agent shall be noted thereon.
1152 (6) Each qualifying agent shall pay the department an
1153 amount equal to the original fee for licensure of a new business
1154 organization. if the qualifying agent for a business
1155 organization desires to qualify additional business
1156 organizations~T The department shall require the agent to
1157 present evidence of supervisory ability and financial
1158 responsibility of each such organization. Allowing a licensee to
1159 qualify more than one business organization must shall be
1160 conditioned upon the licensee showing that the licensee has both
1161 the capacity and intent to adequately supervise each business
1162 organization. The department may shall not limit the number of
1163 business organizations that which the licensee may qualify
1164 except upon the licensee's failure to provide such information
1165 as is required under this subsection or upon a finding that the
1166 -5-Ueft information or evidence as is supplied is incomplete or
1167 unpersuasive in showing the licensee's capacity and intent to
1168 comply with the requirements of this subsection. A qualification
1169 for an additional business organization may be revoked or
1170 suspended upon a finding by the department that the licensee has
1171 failed in the licensee's responsibility to adequately supervise
1172 the operations of the business organization. Failure to
1173 adequately supervise the operations of a business organization
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1174 is shall be grounds for denial to qualify additional business
1175 organizations.
1176 Section 57. Subsection (1) of section 469.009, Florida
1177 Statutes, is amended to read:
1178 469.009 License revocation, suspension, and denial of
1179 issuance or renewal.-
1180 (1) The department may revoke, suspend, or deny the
1181 issuance or renewal of a license; reprimand, censure, or place
1182 on probation any contractor, consultant, or financially
1183 responsible officer, or business organization; require financial
1184 restitution to a consumer; impose an administrative fine not to
1185 exceed $5,000 per violation; require continuing education; or
1186 assess costs associated with any investigation and prosecution
1187 if the contractor or consultant, or business organization or
1188 officer or agent thereof, is found guilty of any of the
1189 following acts:
1190 (a) Willfully or deliberately disregarding or violating
1191 the health and safety standards of the Occupational Safety and
1192 Health Act of 1970, the Construction Safety Act, the National
1193 Emission Standards for Asbestos, the Environmental Protection
1194 Agency Asbestos Abatement Projects Worker Protection Rule, the
1195 Florida Statutes or rules promulgated thereunder, or any
1196 ordinance enacted by a political subdivision of this state.
1197 (b) Violating any provision of chapter 455.
1198 (c) Failing in any material respect to comply with the
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1199 provisions of this chapter or any rule promulgated hereunder.
1200 (d) Acting in the capacity of an asbestos contractor or
1201 asbestos consultant under any license issued under this chapter
1202 except in the name of the licensee as set forth on the issued
1203 license.
1204 (e) Proceeding on any job without obtaining all applicable
1205 approvals, authorizations, permits, and inspections.
1206 (f) Obtaining a license by fraud or misrepresentation.
1207 (g) Being convicted or found guilty of, or entering a plea
1208 of nolo contendere to, regardless of adjudication, a crime in
1209 any jurisdiction which directly relates to the practice of
1210 asbestos consulting or contracting or the ability to practice
1211 asbestos consulting or contracting.
1212 (h) Knowingly violating any building code, lifesafety
1213 code, or county or municipal ordinance relating to the practice
1214 of asbestos consulting or contracting.
1215 (i) Performing any act which assists a person or entity in
1216 engaging in the prohibited unlicensed practice of asbestos
1217 consulting or contracting, if the licensee knows or has
1218 reasonable grounds to know that the person or entity was
1219 unlicensed.
1220 (j) Committing mismanagement or misconduct in the practice
1221 of contracting that causes financial harm to a customer.
1222 Financial mismanagement or misconduct occurs when:
1223 1. Valid liens have been recorded against the property of
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1224 a contractor's customer for supplies or services ordered by the
1225 contractor for the customer's job; the contractor has received
1226 funds from the customer to pay for the supplies or services; and
1227 the contractor has not had the liens removed from the property,
1228 by payment or by bond, within 75 days after the date of such
1229 liens;
1230 2. The contractor has abandoned a customer's job and the
1231 percentage of completion is less than the percentage of the
1232 total contract price paid to the contractor as of the time of
1233 abandonment, unless the contractor is entitled to retain such
1234 funds under the terms of the contract or refunds the excess
1235 funds within 30 days after the date the job is abandoned; or
1236 3. The contractor's job has been completed, and it is
1237 shown that the customer has had to pay more for the contracted
1238 job than the original contract price, as adjusted for subsequent
1239 change orders, unless such increase in cost was the result of
1240 circumstances beyond the control of the contractor, was the
1241 result of circumstances caused by the customer, or was otherwise
1242 permitted by the terms of the contract between the contractor
1243 and the customer.
1244 (k) Being disciplined by any municipality or county for an
1245 act or violation of this chapter.
1246 (1) Failing in any material respect to comply with the
1247 provisions of this chapter, or violating a rule or lawful order
1248 of the department.
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1249 (m) Abandoning an asbestos abatement project in which the
1250 asbestos contractor is engaged or under contract as a
1251 contractor. A project may be presumed abandoned after 20 days if
1252 the contractor terminates the project without just cause and
1253 without proper notification to the owner, including the reason
1254 for termination; if the contractor fails to reasonably secure
1255 the project to safeguard the public while work is stopped; or if
1256 the contractor fails to perform work without just cause for 20
1257 days.
1258 (n) Signing a statement with respect to a project or
1259 contract falsely indicating that the work is bonded; falsely
1260 indicating that payment has been made for all subcontracted
1261 work, labor, and materials which results in a financial loss to
1262 the owner, purchaser, or contractor; or falsely indicating that
1263 workers' compensation and public liability insurance are
1264 provided.
1265 (o) Committing fraud or deceit in the practice of asbestos
12 66 consulting or contracting.
12 67 (p) Committing incompetency or misconduct in the practice
12 68 of asbestos consulting or contracting.
12 69 (q) Committing gross negligence, repeated negligence, or
1270 negligence resulting in a significant danger to life or property
1271 in the practice of asbestos consulting or contracting.
1272 (r) Intimidating, threatening, coercing, or otherwise
1273 discouraging the service of a notice to owner under part I of
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1274 chapter 713 or a notice to contractor under chapter 255 or part
1275 I of chapter 713.
1276 (s) Failing to satisfy, within a reasonable time, the
1277 terms of a civil judgment obtained against the licensee, or the
1278 business organization qualified by the licensee, relating to the
1279 practice of the licensee's profession.
1280
1281 For the purposes of this subsection, construction is considered
1282 to be commenced when the contract is executed and the contractor
1283 has accepted funds from the customer or lender.
1284 Section 58. Subsection (5) of section 471.015, Florida
1285 Statutes, is amended to read:
1286 471.015 Licensure.-
1287 (5) (a) The board shall deem that an applicant who seeks
1288 licensure by endorsement has passed an examination substantially
1289 equivalent to the fundamentals examination when such applicant
1290 has held a valid professional engineer's license in another
1291 state for 10 ±-§. years and has had 20 years of continuous
1292 professional level engineering experience.
1293 (b) The board shall deem that an applicant who seeks
1294 licensure by endorsement has passed an examination substantially
1295 equivalent to the fundamentals examination and the principles
1296 and practices examination when such applicant has held a valid
1297 professional engineer's license in another state for 15 ~ years
1298 and has had 30 years of continuous professional level
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1299 engineering eMperience.
1300 Section 59. Subsection (7) of section 473.308, Florida
1301 Statutes, is amended to read:
1302 473.308 Licensure.-
1303 (7) The board shall certify as qualified for a license by
1304 endorsement an applicant who:
1305 (a)-±.- Is not licensed and has not been licensed in another
1306 state or territory and who has met the requirements of this
1307 section for education, work experience, and good moral character
1308 and has passed a national, regional, state, or territorial
1309 licensing examination that is substantially equivalent to the
1310 examination required bys. 473.306; or afta
1311 2. Has coffipleted such continuing education courses as the
1312 board deeffis appropriate, within the liffiits for each applicable
1313 2 year period as set forth ins. 473.312, but at least such
1314 courses as are equivalent to the continuing education
1315 requireffients for a Florida certified public accountant licensed
1316 in this state during the 2 years iffiffiediately preceding her or
1317 his application for licensure by endorseffient; or
1318 (b)l.-a--,- Holds a valid license to practice public
1319 accounting issued by another state or territory of the United
1320 States, if the criteria for issuance of such license were
1321 substantially equivalent to the licensure criteria that existed
1322 in this state at the time the license was issued;
1323 2.e-:- Holds a valid license to practice public accounting
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1324 issued by another state or territory of the United States but
1325 the criteria for issuance of such license did not meet the
1326 requirements of subparagraph 1. sub subparagraph a.; has met the
1327 requirements of this section for education, work experience, and
1328 good moral character; and has passed a national, regional,
1329 state, or territorial licensing examination that is
1330 substantially equivalent to the examination required bys.
1331 473.306; or
1332 3.e.- Holds a valid license to practice public accounting
1333 issued by another state or territory of the United States for at
1334 least 10 years before the date of application; has passed a
1335 national, regional, state, or territorial licensing examination
1336 that is substantially equivalent to the examination required by
1337 s. 473.306; and has met the requirements of this section for
1338 good moral character.; and
1339 2. Has eoffipleted continuing education courses that are
1340 equivalent to the continuing education requireffients for a
1341 Florida certified public accountant licensed in this state
1342 during the 2 years ifflfflediately preceding her or his application
1343 for licensure by endorseffient.
1344 Section 60. Subsection (6) of section 474.202, Florida
1345 Statutes, is amended to read:
1346 474.202 Definitions.-As used in this chapter:
1347 (6) "Limited-service veterinary medical practice" means
1348 offering or providing veterinary services at any location that
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1349 has a primary purpose other than that of providing veterinary
1350 medical service at a permanent or mobile establishment permitted
1351 by the board; provides veterinary medical services for privately
1352 owned animals that do not reside at that location; operates for
1353 a limited time; and provides limited types of veterinary medical
1354 services, including vaccinations or immunizations against
1355 disease, preventative procedures for parasitic control, and
1356 microchip implantation.
1357 Section 61. Subsection (9) is added to section 474.203,
1358 Florida Statutes, to read:
1359 474.203 Exemptions.-This chapter does not apply to:
1360 (9) An employee, agent, or contractor of a public or
1361 private animal shelter, humane organization, or animal control
1362 agency operated by a humane organization or by a county,
1363 municipality, or other incorporated political subdivision whose
1364 work is confined solely to microchip implantation for dogs and
1365 cats in accordance withs. 823.15.
1366
1367 For the purposes of chapters 465 and 893, persons exempt
1368 pursuant to subsection (1), subsection (2), or subsection (4)
1369 are deemed to be duly licensed practitioners authorized by the
1370 laws of this state to prescribe drugs or medicinal supplies.
1371 Section 62. Paragraph (b) of subsection (2) of section
1372 474.207, Florida Statutes, is amended to read:
1373 474.207 Licensure by examination.-
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1374 (2) The department shall license each applicant who the
1375 board certifies has:
1376 (b)l. Graduated from a college of veterinary medicine
1377 accredited by the American Veterinary Medical Association
1378 Council on Education; or
1379 2. Graduated from a college of veterinary medicine listed
1380 in the American Veterinary Medical Association Roster of
1381 Veterinary Colleges of the World and obtained a certificate from
1382 the Education Commission for Foreign Veterinary Graduates or the
1383 Program for the Assessment of Veterinary Education Equivalence.
1384
1385 The department shall not issue a license to any applicant who is
1386 under investigation in any state or territory of the United
1387 States or in the District of Columbia for an act which would
1388 constitute a violation of this chapter until the investigation
1389 is complete and disciplinary proceedings have been terminated,
1390 at which time the provisions of s. 474.214 shall apply.
1391 Section 63. Subsection (1) of section 474.217, Florida
1392 Statutes, is amended to read:
1393 474.217 Licensure by endorsement.-
1394 (1) The department shall issue a license by endorsement to
1395 any applicant who, upon applying to the department and remitting
1396 a fee set by the board, demonstrates to the board that she or
1397 he:
1398 (a) Has demonstrated, in a manner designated by rule of
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1399 the board, knowledge of the laws and rules governing the
1400 practice of veterinary medicine in this state; and
1401 (b)l. Either Holds, and has held for the 3 years
1402 immediately preceding the application for licensure, a valid,
1403 active license to practice veterinary medicine in another state
1404 of the United States, the District of Columbia, or a territory
1405 of the United States, provided that the applicant has
1406 successfully completed a state, regional, national, or other
1407 examination that is equivalent to or more stringent than the
1408 examination required by the board requirefflents for licensure in
1409 the issuing state, district, or territory are equivalent to or
1410 ffiore stringent than the requireffients of this chapter; or
1411 2. Meets the qualifications of s. 474.207 (2) (b) and has
1412 successfully completed a state, regional, national, or other
1413 examination which is equivalent to or more stringent than the
1414 examination given by the department and has passed the board's
1415 clinical competency examination or another clinical competency
1416 examination specified by rule of the board.
1417 Section 64. Subsection (2) of section 476.114, Florida
1418 Statutes, is amended to read:
1419 476.114 Examination; prerequisites.-
1420 (2) An applicant shall be eligible for licensure by
1421 examination to practice barbering if the applicant:
1422 (a) Is at least 16 years of age;
1423 (b) Pays the required application fee; and
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1424 (c)l. Holds an active valid license to practice barbering
1425 in another state, has held the license for at least 1 year, and
1426 does not qualify for licensure by endorsement as provided for in
1427 s. 4 7 6. 14 4 ( 5) ; or
1428 2. Has received a minimum of 600 1,200 hours of training
1429 in sanitation, safety, and laws and rules, as established by the
1430 board, which shall include, but shall not be limited to, the
1431 equivalent of completion of services directly related to the
1432 practice of barbering at one of the following:
1433 a. A school of barbering licensed pursuant to chapter
1434 1005;
1435 b. A barbering program within the public school system; or
1436 c. A government-operated barbering program in this state.
1437
1438 The board shall establish by rule procedures whereby the school
1439 or program may certify that a person is qualified to take the
1440 required examination after the completion of a minimum of 400
1441 1,000 actual school hours. If the person passes the examination,
1442 she or he shall have satisfied this requirement; but if the
1443 person fails the examination, she or he shall not be qualified
1444 to take the examination again until the completion of the full
1445 requirements provided by this section.
1446 Section 65. Subsection (5) of section 476.144, Florida
1447 Statutes, is amended to read:
1448 476.144 Licensure.-
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1449 (5) The board shall certify as qualified for licensure by
1450 endorsement as a barber in this state an applicant who holds a
1451 current active license to practice barbering in another state.
1452 The board shall adopt rules specifying procedures for the
1453 licensure by endorsement of practitioners desiring to be
1454 licensed in this state who hold a current active license in
1455 another state or country and who have met qualifications
1456 substantially similar to, equivalent to, or greater than the
1457 qualifications required of applicants from this state.
1458 Section 66. Subsection (9) of section 477.013, Florida
1459 Statutes, is amended to read:
1460 477.013 Definitions.-As used in this chapter:
1461 (9) "Hair braiding" means the weaving or interweaving of
1462 natural human hair or commercial hair, including the use of hair
1463 extensions or wefts, for compensation without cutting, coloring,
1464 permanent waving, relaxing, removing, or chemical treatment aft€l
1465 does not include the use of hair etttensions or wefts.
1466 Section 67. Section 477.0132, Florida Statutes, is
1467 repealed.
1468 Section 68. Subsections (7) through (11) are added to
1469 section 477.0135, Florida Statutes, to read:
1470 477.0135 Exemptions.-
1471 (7) A license or registration is not required for a person
1472 whose occupation or practice is confined solely to hair braiding
1473 as defined ins. 477.013(9)
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1474 (8) A license or registration is not required for a person
1475 whose occupation or practice is confined solely to hair wrapping
1476 as defined ins. 477.013(10).
1477 (9) A license or registration is not required for a person
1478 whose occupation or practice is confined solely to body wrapping
1479 as defined ins. 477.013(12).
1480 (10) A license or registration is not required for a
1481 person whose occupation or practice is confined solely to
1482 applying polish to fingernails and toenails.
1483 (11) A license or registration is not required for a
1484 person whose occupation or practice is confined solely to makeup
1485 application.
1486 Section 69. Subsections (6) and (7) of section 477.019,
1487 Florida Statutes, are amended to read:
1488 477.019 Cosmetologists; qualifications; licensure;
1489 supervised practice; license renewal; endorsement; continuing
1490 education.-
1491 (6) The board shall certify as qualified for licensure by
1492 endorsement as a cosmetologist in this state an applicant who
1493 holds a current active license to practice cosmetology in
1494 another state. The board ffiay not require proof of educational
1495 hours if the license was issued in a state that requires 1,200
1496 or ffiore hours of prelicensure education and passage of a written
1497 exafflination. This subsection does not apply to applicants who
1498 received their license in another state through an
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1499 apprenticeship program.
1500 (7) (a) The board shall prescribe by rule continuing
1501 education requirements intended to ensure protection of the
1502 public through updated training of licensees and registered
1503 specialists, not to exceed 1.Q ~ hours biennially, as a
1504 condition for renewal of a license or registration as a
1505 specialist under this chapter. Continuing education courses
1506 shall include, but not be limited to, the following subjects as
1507 they relate to the practice of cosmetology: human
1508 immunodeficiency virus and acquired immune deficiency syndrome;
1509 Occupational Safety and Health Administration regulations;
1510 workers' compensation issues; state and federal laws and rules
1511 as they pertain to cosmetologists, cosmetology, salons,
1512 specialists, specialty salons, and booth renters; chemical
1513 makeup as it pertains to hair, skin, and nails; and
1514 environmental issues. Courses given at cosmetology conferences
1515 may be counted toward the number of continuing education hours
1516 required if approved by the board.
1517 (b) Any person whose occupation or practice is confined
1518 solely to hair braiding, hair wrapping, or body wrapping is
1519 enempt from the continuing education requirements of this
1520 subsection.
1521 Jl2.l+e+ The board may, by rule, require any licensee in
1522 violation of a continuing education requirement to take a
1523 refresher course or refresher course and examination in addition
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1524 to any other penalty. The number of hours for the refresher
1525 course may not exceed 48 hours.
1526 Section 70. Subsection (1) of section 477.0201, Florida
1527 Statutes, is amended to read:
1528 477.0201 Specialty registration; qualifications;
1529 registration renewal; endorsement.-
1530 (1) Any person is qualified for registration as a
1531 specialist in any one or fflOre of the specialty practice
1532 practices within the practice of cosmetology under this chapter
1533 who:
1534 (a) Is at least 16 years of age or has received a high
1535 school diploma.
1536 (b) Has received a certificate of completion for: in a
1537 1. 150 hours of training, as established by the board,
1538 which shall focus primarily on sanitation and safety, to
1539 practice specialties as defined ins. 477.013(6) (a) and (b);
1540 specialty pursuant to s. 477.013(6)
1541 2. 165 hours of training, as established by the board,
1542 which shall focus primarily on sanitation and safety, to
1543 practice the specialty as defined in s. 477.013 ( 6) ( c) ; or
1544 3. 300 hours of training, as established by the board,
1545 which shall focus primarily on sanitation and safety, to
1546 practice the specialties as defined ins. 477.013(6) (a)-(c).
1547 (c) The certificate of completion specified in paragraph
1548 (b) must be from one of the following:
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1549 1. A school licensed pursuant to s. 477.023.
1550 2. A school licensed pursuant to chapter 1005 or the
1551 equivalent licensing authority of another state.
1552 3. A specialty program within the public school system.
1553 4. A specialty division within the Cosmetology Division of
1554 the Florida School for the Deaf and the Blind, provided the
1555 training programs comply with minimum curriculum requirements
1556 established by the board.
1557 Section 71. Paragraph (f) of subsection (1) of section
1558 477.026, Florida Statutes, is amended to read:
1559 477.026 Fees; disposition.-
1560 (1) The board shall set fees according to the following
1561 schedule:
1562 (f) For hair braiders, hair wrappers, and body wrappers,
1563 fees for registration shall not eHceed $25.
1564 Section 72. Subsection (4) of section 477.0263, Florida
1565 Statutes, is amended, and subsection (5) is added to that
1566 section, to read:
1567 477.0263 Cosmetology services to be performed in licensed
1568 salon; exceptions.-
1569 (4) Pursuant to rules adopted by the board, any
1570 cosmetology or specialty service may be performed in a location
1571 other than a licensed salon when the service is performed in
1572 connection with a special event and is performed by a person Wfte
1573 is eH1ploycd by a licensed salon and who holds the proper license
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1574 or specialty registration. An appointment for the performance of
1575 any ouch service in a location other than a licensed salon must
1576 be made through a licensed salon.
1577 (5) Any person who holds the proper license may perform
1578 hair shampooing, hair cutting, hair arranging, nail polish
1579 removal, nail filing, nail buffing, and nail cleansing services
1580 in a location other than a licensed salon.
1581 Section 73. Paragraph (f) of subsection (1) of section
1582 477.0265, Florida Statutes, is amended to read:
1583 477.0265 Prohibited acts.-
1584 (1) It is unlawful for any person to:
1585 (f) Advertise or imply that skin care services or body
1586 wrapping, as performed under this chapter, have any relationship
1587 to the practice of massage therapy as defined ins. 480.033(3),
1588 except those practices or activities defined ins. 477.013.
1589 Section 74. Paragraph (a) of subsection (1) of section
1590 477.029, Florida Statutes, is amended to read:
1591 477.029 Penalty.-
1592 (1) It is unlawful for any person to:
1593 (a) Hold himself or herself out as a cosmetologist or7
1594 specialist, hair wrapper, hair braider, or body wrapper unless
1595 duly licensed or registered, or otherwise authorized, as
1596 provided in this chapter.
1597 Section 75. Section 481.201, Florida Statutes, is amended
1598 to read:
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1599 481.201 Purpose.-The primary legislative purpose for
1600 enacting this part is to ensure that every architect practicing
1601 in this state meets minimum requirements for safe practice. It
1602 is the legislative intent that architects who fall below minimum
1603 competency or who otherwise present a danger to the public shall
1604 be prohibited from practicing in this state. The Legislature
1605 further finds that it is in the interest of the public to limit
1606 the practice of interior design to interior designers or
1607 architects who have the design education and training required
1608 by this part or to persons who are enempted from the provisions
1609 of this part.
1610 Section 76. Section 481.203, Florida Statutes, is amended
1611 to read:
1612 481.203 Definitions.-As used in this part, the term:
1613 fil-+-3+ "Architect" or "registered architect" means a
1614 natural person who is licensed under this part to engage in the
1615 practice of architecture.
1616 fil-+# "Architecture" means the rendering or offering to
1617 render services in connection with the design and construction
1618 of a structure or group of structures which have as their
1619 principal purpose human habitation or use, and the utilization
1620 of space within and surrounding such structures. These services
1621 include planning, providing preliminary study designs, drawings
1622 and specifications, job-site inspection, and administration of
1623 construction contracts.
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1624 fil-f-±+ "Board" means the Board of Architecture afiEl
1625 Interior Design.
162 6 J...il-f-5-r- "Business organization" means a partnership, a
1627 limited liability company, a corporation, or an individual
1628 operating under a fictitious name "Certificate of authoriz:ation"
162 9 means a certificate issued by the department to a corporation or
1630 partnership to practice architecture or interior design.
1631 (5)+4+ "Certificate of registration" means a license
1632 issued by the department to a natural person to engage in the
1633 practice of architecture or interior design.
1634 ffi-H:-3+ "Common area" means an area that is held out for
1635 use by all tenants or owners in a multiple-unit dwelling,
1636 including, but not limited to, a lobby, elevator, hallway,
1637 laundry room, clubhouse, or swimming pool.
1638 (7)--R-+ "Department" means the Department of Business and
1639 Professional Regulation.
1640 (8)-H:-4+- "Diversified interior design experience" means
1641 experience which substantially encompasses the various elements
1642 of interior design services set forth under the definition of
1643 "interior design" in subsection QQl_-f-&+-.
1644 (9)+1:-§-t "Interior decorator services" includes the
1645 selection or assistance in selection of surface materials,
1646 window treatments, wallcoverings, paint, floor coverings,
1647 surface-mounted lighting, surface-mounted fixtures, and loose
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1648 furnishings not subject to regulation under applicable building
1649 codes.
1650 J..l..Ql-t-8-+- "Interior design" means designs, consultations,
1651 studies, drawings, specifications, and administration of design
1652 construction contracts relating to nonstructural interior
1653 elements of a building or structure. "Interior design" includes,
1654 but is not limited to, reflected ceiling plans, space planning,
1655 furnishings, and the fabrication of nonstructural elements
1656 within and surrounding interior spaces of buildings. "Interior
1657 design" specifically excludes the design of or the
1658 responsibility for architectural and engineering work, except
1659 for specification of fixtures and their location within interior
1660 spaces. As used in this subsection, "architectural and
1661 engineering interior construction relating to the building
1662 systems" includes, but is not limited to, construction of
1663 structural, mechanical, plumbing, heating, air-conditioning,
1664 ventilating, electrical, or vertical transportation systems, or
1665 construction which materially affects lifesafety systems
1666 pertaining to firesafety protection such as fire-rated
1667 separations between interior spaces, fire-rated vertical shafts
1668 in multistory structures, fire-rated protection of structural
1669 elements, smoke evacuation and compartmentalization, emergency
1670 ingress or egress systems, and emergency alarm systems.
1671 ( 9) "Registered interior designer" or "interior designer"
1672 means a natural person who is licensed under this part.
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1673 Qll-H:-9-t "Nonstructural element" means an element which
1674 does not require structural bracing and which is something other
167 5 than a load-bearing wall, load-bearing column, or other load-
1676 bearing element of a building or structure which is essential to
1677 the structural integrity of the building.
1678 ~B-l+ "Reflected ceiling plan" means a ceiling design
1679 plan which is laid out as if it were projected downward and
1680 which may include lighting and other elements.
1681 J..lll+l-6+- "Responsible supervising control" means the
1682 exercise of direct personal supervision and control throughout
1683 the preparation of documents, instruments of service, or any
1684 other work requiring the seal and signature of a licensee under
1685 this part.
1686 Qil_~ "Space planning" means the analysis, programming,
1687 or design of spatial requirements, including preliminary space
1688 layouts and final planning.
1689 fill_+++ "Townhouse" is a single-family dwelling unit not
1690 exceeding three stories in height which is constructed in a
1691 series or group of attached units with property lines separating
1692 such units. Each townhouse shall be considered a separate
1693 building and shall be separated from adjoining townhouses by the
1694 use of separate exterior walls meeting the requirements for zero
1695 clearance from property lines as required by the type of
1696 construction and fire protection requirements; or shall be
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1697 separated by a party wall; or may be separated by a single wall
1698 meeting the following requirements:
1699 (a) Such wall shall provide not less than 2 hours of fire
1700 resistance. Plumbing, piping, ducts, or electrical or other
1701 building services shall not be installed within or through the
1702 2-hour wall unless such materials and methods of penetration
1703 have been tested in accordance with the Standard Building Code.
1704 (b) Such wall shall extend from the foundation to the
1705 underside of the roof sheathing, and the underside of the roof
1706 shall have at least 1 hour of fire resistance for a width not
1707 less than 4 feet on each side of the wall.
1708 (c) Each dwelling unit sharing such wall shall be designed
1709 and constructed to maintain its structural integrity independent
1710 of the unit on the opposite side of the wall.
1711 Section 77. Subsection (1) and paragraph (a) of subsection
1712 (3) of section 481.205, Florida Statutes, are amended to read:
1713 481.205 Board of Architecture and Interior Design.-
1714 (1) The Board of Architecture and Interior Design is
1715 created within the Department of Business and Professional
1716 Regulation. The board shall consist of seven-±-±- members. Five
1717 members must be registered architects who have been engaged in
1718 the practice of architecture for at least 5 years; three ffle:lflbers
1719 fflust be registered interior designers who have been offering
1720 interior design services for at least 5 years and who arc not
1721 aloe registered architects; and two three members must be
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1722 laypersons who are not, and have never been, architectsT
1723 interior designers, or members of any closely related profession
1724 or occupation. At least one member of the board must be 60 years
1725 of age or older.
1726 (3) (a) Notwithstanding the provisions of ss. 455.225,
1727 455.228, and 455.32, the duties and authority of the department
1728 to receive complaints and investigate and discipline persons
1729 licensed under this part, including the ability to determine
1730 legal sufficiency and probable cause; to initiate proceedings
1731 and issue final orders for summary suspension or restriction of
1732 a license pursuant to s. 120.60(6); to issue notices of
1733 noncompliance, notices to cease and desist, subpoenas, and
1734 citations; to retain legal counsel, investigators, or
1735 prosecutorial staff in connection with the licensed practice of
1736 architecture and interior design; and to investigate and deter
1737 the unlicensed practice of architecture and interior design as
1738 provided ins. 455.228 are delegated to the board. All
1739 complaints and any information obtained pursuant to an
1740 investigation authorized by the board are confidential and
1741 exempt from s. 119.07(1) as provided ins. 455.225(2) and (10)
1742 Section 78. Section 481.207, Florida Statutes, is amended
1743 to read:
1744 481.207 Fees.-The board, by rule, may establish separate
1745 fees for architects and interior designers, to be paid for
1746 applications, examination, reexamination, licensing and renewal,
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1747 delinquency, reinstatement, and recordmaking and recordkeeping.
1748 The examination fee shall be in an amount that covers the cost
1749 of obtaining and administering the examination and shall be
1750 refunded if the applicant is found ineligible to sit for the
1751 examination. The application fee is nonrefundable. The fee for
1752 initial application and examination for architects and interior
1753 designers may not exceed $775 plus the actual per applicant cost
1754 to the department for purchase of the examination from the
1755 National Council of Architectural Registration Boards or the
1756 National Council of Interior Design Qualifications,
1757 respectively, or similar national organizations. The biennial
1758 renewal fee for architects may not exceed $200. The biennial
1759 renewal fee for interior designers fflay not exceed $§00. The
1760 delinquency fee may not exceed the biennial renewal fee
1761 established by the board for an active license. The board shall
17 62 establish fees that are adequate to ensure the continued
17 63 operation of the board and to fund the proportionate expenses
1764 incurred by the department which are allocated to the regulation
1765 of architects and interior designers. Fees shall be based on
1766 department estimates of the revenue required to implement this
1767 part and the provisions of law with respect to the regulation of
1768 architects and interior designers.
1769 Section 79. Section 481.209, Florida Statutes, is amended
1770 to read:
1771 481.209 Examinations.-
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1772 -H:+ A person desiring to be licensed as a registered
1773 architect by initial examination shall apply to the department,
1774 complete the application form, and remit a nonrefundable
1775 application fee. The department shall license any applicant who
1776 the board certifies+
1777 +a+ has passed the licensure examination prescribed by
1778 board rule-,.. and
1779 -fa+ is a graduate of a school or college of architecture
1780 with a program accredited by the National Architectural
1781 Accreditation Board.
1782 (2) A person desiring to be licensed as a registered
1783 interior designer shall apply to the departfflent for licensure.
1784 The departffient shall administer the licensure enaffiination for
1785 interior designers to each applicant who has coffipleted the
1786 application forffi and remitted the application and e1caffiination
1787 fees specified ins. 481.207 and who the board certifies:
1788 (a) Is a graduate from an interior design prograffi of 5
1789 years or ffiore and has coffipleted 1 year of diversified interior
1790 design e1cperience;
1791 (b) Is a graduate froffi an interior design prograffi of 4
1792 years or ffiore and has coffipleted 2 years of diversified interior
1793 design enperience;
1794 (c) Has coffipleted at least 3 years in an interior design
1795 curriculuffi and has cofflpleted 3 years of diversified interior
1796 design enperience; or
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1797 (d) Is a graduate from an interior design program of at
1798 least 2 years and has completed 4 years of diversified interior
1799 design experience.
1800 Subsequent to October 1, 2000, for the purpose of having the
1801 educational qualification required under this subsection
1802 accepted by the board, the applicant must complete his or her
1803 education at a program, school, or college of interior design
1804 whose curriculum has been approved by the board as of the time
1805 of completion. Subsequent to October 1, 2003, all of the
1806 required amount of educational credits shall have been obtained
1807 in a program, school, or college of interior design whose
1808 curriculum has been approved by the board, as of the time each
1809 educational credit is gained. The board shall adopt rules
1810 providing for the review and approval of programs, schools, and
1811 colleges of interior design and courses of interior design study
1812 based on a review and inspection by the board of the curriculum
1813 of programs, schools, and colleges of interior design in the
1814 United States, including those programs, schools, and colleges
1815 accredited by the Foundation for Interior Design Education
1816 Research. The board shall adopt rules providing for the review
1817 and approval of diversified interior design enperience required
1818 by this subsection.
1819 Section 80. Subsections (1) through (4) of section
1820 481.213, Florida Statutes, are amended to read:
1821 481.213 Licensure.-
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1822 (1) The department shall license any applicant who the
1823 board certifies is qualified for licensure and who has paid the
1824 initial licensure fee. Licensure as an architect under this
1825 section shall be deemed to include all the rights and privileges
1826 of licensure as an interior designer under this section.
1827 (2) The board shall certify for licensure by examination
1828 any applicant who passes the prescribed licensure examination
1829 and satisfies the requirements of ss. 481.209 and 481.211, fer
1830 architects, er the requirements of s. 481.209, fer interior
1831 designers.
1832 (3) The board shall certify as qualified for a license by
1833 endorsement as an architect er as an interior designer an
1834 applicant who:
1835 (a) Qualifies to take the prescribed licensure
1836 examination, and has passed the prescribed licensure examination
1837 or a substantially equivalent examination in another
1838 jurisdiction, as set forth ins. 481.209 for architects er
1839 interior designers, as applicable, and has satisfied the
1840 internship requirements set forth ins. 481.211 for architects;
1841 (b) Holds a valid license to practice architecture er
1842 interior design issued by another jurisdiction of the United
1843 States, if the criteria for issuance of such license were
1844 substantially equivalent to the licensure criteria that existed
1845 in this state at the time the license was issued; provided,
1846 however, that an applicant who hao been licensed fer uoe of the
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1847 title "interior design" rather than licensed to practice
1848 interior design shall not qualify hereunder; or
1849 (c) Has passed the prescribed licensure examination and
1850 holds a valid certificate issued by the National Council of
1851 Architectural Registration Boards, and holds a valid license to
1852 practice architecture issued by another state or jurisdiction of
1853 the United States.
1854 ( 4) The board may refuse to certify any applicant who has
1855 violated any of the provisions of s. 481.223 7 ors. 481.225, e-r-
1856 s. 481.2251, as applicable.
1857 Section 81. Section 481.2131, Florida Statutes, is amended
1858 to read:
1859 481.2131 Interior design; practice requirements7
1860 disclosure of coffipensation for professional services.-
1861 (1) A registered interior designer is authorized to
1862 perforffi "interior design" as defined in s. 4 81. 2 03. Interior
1863 design docuffients prepared by a registered interior designer
1864 shall contain a stateffient that the docuffient is not an
1865 architectural or engineering study, drawing, specification, or
1866 design and is not to be used for construction of any load
1867 bearing coluffins, load bearing fraffiing or walls of structures, or
1868 issuance of any building perffiit, except as otherwise provided by
1869 ±a-W-:- Interior design documents that are prepared in accordance
1870 with the Florida Building Code and sealed by an a registered
1871 interior designer must ffifrY, if required by a permitting body, be
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1872 accepted by the permitting body be submitted for the issuance of
1873 a building permit for interior construction excluding design of
1874 any structural, mechanical, plumbing, heating, air-conditioning,
1875 ventilating, electrical, or vertical transportation systems or
1876 that materially affect lifesafety systems pertaining to
1877 firesafety protection such as fire-rated separations between
1878 interior spaces, fire-rated vertical shafts in multistory
1879 structures, fire-rated protection of structural elements, smoke
1880 evacuation and compartmentalization, emergency ingress or egress
1881 systems, and emergency alarm systems. Interior design documents
1882 submitted for the issuance of a building permit by an individual
1883 performing interior design services who is not a licensed
1884 architect must include written proof that such individual has
1885 successfully passed the qualification examination prescribed by
1886 either the National Council for Interior Design Qualifications
1887 or the California Council for Interior Design Certification, or
1888 that such individual held a license to practice interior design
1889 from the department. All drawings, plans, specifications, or
1890 reports prepared or issued by the interior designer and filed
1891 for public record shall bear the signature of the interior
1892 designer who prepared or approved the document and the date on
1893 which they were signed. The signature and date shall be evidence
1894 of the authenticity of that to which they are affixed. Final
1895 plans, specifications, or reports prepared or issued by an
1896 interior designer may be transmitted electronically and may be
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1897 electronically signed by the interior designer.
1898 (2) A license or registration is not required for a person
1899 whose occupation or practice is confined to interior design or
1900 interior decorator services An interior designer shall, before
1901 entering into a contract, verbal or written, clearly determine
1902 the scope and nature of the project and the method or methods of
1903 compensation. The interior designer may offer professional
1904 services to the client as a consultant, specifier, or supplier
1905 on the basis of a fee, percentage, or markup. The interior
1906 designer shall have the responsibility of fully disclosing to
1907 the client the manner in which all compensation is to be paid.
1908 Unless the client lcnows and agrees, the interior designer shall
1909 not accept any form of compensation from a supplier of goods and
1910 services in cash or in kind.
1911 Section 82. Subsections (3) and (5) of section 481.215,
1912 Florida Statutes, are amended to read:
1913 481.215 Renewal of license.-
1914 (3) ~ Ne license renewal may not shall be issued to an
1915 architect or an interior designer by the department until the
1916 licensee submits proof satisfactory to the department that,
1917 during the 2 years before prior to application for renewal, the
1918 licensee participated per biennium in not less than 20 hours of
1919 at least 50 minutes each per biennium of continuing education
1920 approved by the board. The board shall approve only continuing
1921 education that builds upon the basic knowledge of architecture
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1922 or interior design. The board may make exception from the
1923 requirements of continuing education in emergency or hardship
1924 cases.
1925 (5) The board shall require, by rule adopted pursuant to
1926 so. 120.536(1) and 120.54, a specified number of hours in
1927 specialiEed or advanced courses, approved by the Florida
1928 Building Cofflfflission, on any portion of the Florida Building
192 9 Code, adopted pursuant to part pr• of chapter 553, relating to
1930 the licensee's respective area of practice.
1931 Section 83. Subsection (1) of section 481.217, Florida
1932 Statutes, is amended to read:
1933 481.217 Inactive status.-
1934 ( 1) The board may prescribe by rule continuing education
1935 requirements as a condition of reactivating a license. The rules
1936 may not require more than one renewal cycle of continuing
1937 education to reactivate a license for a registered architect e-r-
1938 interior designer. For interior design, the board fflay approve
1939 only continuing education that builds upon the basic lcnewledge
1940 of interior design.
1941 Section 84. Section 481.219, Florida Statutes, is amended
1942 to read:
1943 481.219 Qualification of business organizations
1944 certification of partnerships, lifflited liability cofflpanies, and
1945 cerperatiens.-
1946 (1) A licensee may The practice of er the offer to
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1947 practice architecture or interior design by licensees through a
1948 qualified business organization that offers corporation, limited
1949 liability company, or partnership offering architectural e-r
1950 interior design services to the public, or by a corporation,
1951 limited liability company, or partnership offering architectural
1952 or interior design services to the public through licensees
1953 under this part as agents, employees, officers, or partners, is
1954 permitted, subject to the provisions of this section.
1955 (2) If a licensee or an applicant proposes to engage in
1956 the practice of architecture as a business organization, the
1957 licensee or applicant shall qualify the business organization
1958 upon approval of the board For the purposes of this section, a
1959 certificate of authori~ation shall be required for a
1960 corporation, limited liability company, partnership, or person
1961 practicing under a fictitious name, offering architectural
1962 services to the public jointly or separately. However, when an
1963 individual is practicing architecture in her or his own name,
1964 she or he shall not be required to be certified under this
1965 section. Certification under this subsection to offer
1966 architectural services shall include all the rights and
1967 privileges of certification under subsection (3) to offer
1968 interior design services.
1969 (3) (a) A business organization may not engage in the
1970 practice of architecture unless its qualifying agent is a
1971 registered architect under this part. A qualifying agent who
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1972 terminates an affiliation with a qualified business organization
1973 shall immediately notify the department of such termination. If
1974 such qualifying agent is the only qualifying agent for that
1975 business organization, the business organization must be
1976 qualified by another qualifying agent within 60 days after the
1977 termination. Except as provided in paragraph (b), the business
1978 organization may not engage in the practice of architecture
1979 until it is qualified by another qualifying agent.
1980 (b) In the event a qualifying agent ceases employment with
1981 a qualified business organization, the executive director or the
1982 chair of the board may authorize another registered architect
1983 employed by the business organization to temporarily serve as
1984 its qualifying agent for a period of no more than 60 days. The
1985 business organization is not authorized to operate beyond such
1986 period under this chapter absent replacement of the qualifying
1987 agent who has ceased employment.
1988 (c) A qualifying agent shall notify the department in
1989 writing before engaging in the practice of architecture in her
1990 or his own name or in affiliation with a different business
1991 organization, and she or he or such business organization shall
1992 supply the same information to the department as required of
1993 applicants under this part.
1994 (3) For the purposes of this section, a certificate of
1995 authoriLation shall be required for a corporation, limited
1996 liability company, partnership, or person operating under a
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1997 fictitious naffle, offering interior design services to the public
1998 jointly or separately. However, when an individual is practicing
1999 interior design in her or his own naffle, she or he shall not be
2000 required to be certified under this section.
2001 (4) All final construction documents and instruments of
2002 service which include drawings, specifications, plans, reports,
2003 or other papers or documents that involve involving the practice
2004 of architecture which are prepared or approved for the use of
2005 the business organization corporation, lifflited liability
2006 cofflpany, or partnership and filed for public record within the
2007 state must shall bear the signature and seal of the licensee who
2008 prepared or approved them and the date on which they were
2009 sealed.
2010 (5) All drawings, specifications, plans, reports, or other
2011 papers or doeufflents prepared or approved for the use of the
2012 corporation, lifflited liability eofflpany, or partnership by an
2013 interior designer in her or his professional capacity and filed
2014 for public record within the state shall bear the signature and
2015 seal of the licensee who prepared or approved theffl and the date
2016 on which they were sealed.
2017 ( 6) The departfflent shall issue a certificate of
2018 authorization to any applicant who the board certifies as
2019 qualified for a certificate of authorization and who has paid
2020 the fee set ins. 481.207.
2021 ~-f-7-t The board shall allow a licensee or certify an
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2022 applicant to qualify one or more business organizations a-s-
2023 qualified for a certificate of authorization to offer
2024 architectural or interior design services, or to use a
2025 fictitious name to offer such services, if provided that:
2026 +a-r one or more of the principal officers of the
2027 corporation or limited liability company, or one or more
2028 partners of the partnership, and all personnel of the
202 9 corporation, limited liability company, or partnership who act
2030 in its behalf in this state as architects, are registered as
2031 provided by this part~~
2032 (b) One or ffiore of the principal officers of the
2033 corporation or one or fflore partners of the partnership, and all
2034 personnel of the corporation, lifflited liability coffipany, or
2035 partnership who act in its behalf in this state as interior
2036 designers, are registered as provided by this part.
2037 (8) The departfflent shall adopt rules establishing a
2038 procedure for the biennial renewal of certificates of
2039 authorization.
2040 ( 9) The departffient shall renew a certificate of
2041 authorization upon receipt of the renewal application and
2042 biennial renewal fee.
2043 J..§1+±-G+ Each qualifying agent who qualifies a business
2044 organization partnership, liFRited liability coFRpany, and
2045 corporation certified under this section shall notify the
2046 department within 30 days after e-f- any change in the information
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2047 contained in the application upon which the qualification
2048 certification is based. Any registered architect or interior
2049 designer who qualifies the business organization shall ensure
2050 corporation, limited liability company, or partnership as
2051 provided in subsection (7) shall be responsible for ensuring
2052 responsible supervising control of projects of the business
2053 organization entity and shall notify the department of t h e ~
2054 termination of her or his employment with a business
2055 organization qualified partnership, limited liability company,
2056 or corporation certified under this section shall notify the
2057 department of the termination within 30 days after such
2058 termination.
2059 l.2l_-H:-±+ A business organization is not ~Jo corporation,
2060 limited liability company, or partnership shall be relieved of
2061 responsibility for the conduct or acts of its agents, employees,
2062 or officers by reason of its compliance with this section.
2063 However, except as provided ins. 558.0035, the architect who
2064 signs and seals the construction documents and instruments of
2065 service is shall be liable for the professional services
2066 performed, and the interior designer who signs and seals the
2067 interior design drawings, plans, or specifications shall be
2068 liable for the professional services performed.
2069 (12) Disciplinary action against a corporation, limited
2070 liability company, or partnership shall be aEmlinistered in the
2071 same manner and on the same grounds as disciplinary action
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2072 against a registered architect or interior designer,
2073 respectively.
2074 fil-+-±-3+ ~l'othing in This section may not shall be construed
2075 to mean that a certificate of registration to practice
2076 architecture or interior design must shall be held by a business
2077 organization corporation, limited liability company, or
2078 partnership. Nothing in This section does not prohibit a
2079 business organization from offering prohibits corporations,
2080 limited liability companies, and partnerships from joining
2081 together to offer architectural or 7 engineering, interior
2082 design, surveying and mapping, and landscape architectural
2083 services, or any combination of such services, to the public if
2084 the business organization, provided that each corporation,
2085 limited liability company, or partnership otherwise meets the
2086 requirements of law.
2087 (14) Corporations, limited liability companies, or
2088 partnerships holding a valid certificate of authorization to
2089 practice architecture shall be permitted to use in their title
2090 the term "interior designer" or "registered interior designer."
2091 Section 85. Subsections (4), (6), (8), (10), (11), and
2092 (12) of section 481.221, Florida Statutes, are renumbered as
2093 subsections (3), (4), (5), (6), (7), and (8), respectively, and
2094 present subsections (3), (5), (7), (9), (10), (11), and (12) of
2095 that section are amended to read:
2096 481.221 Seals; display of certificate number; permitting
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2097 requirements.-
2098 (3) The board shall adopt a rule prescribing the
2099 distinctly different seals to be used by registered interior
2100 designers holding valid certificates of registration. Each
2101 registered interior designer shall obtain a seal as prescribed
2102 by the board, and all drawings, plans, specifications, or
2103 reports prepared or issued by the registered interior designer
2104 and being filed for public record shall bear the signature and
2105 seal of the registered interior designer who prepared or
2106 approved the docmRcnt and the date on which they were scaled.
2107 The signature, date, and seal shall be evidence of the
2108 authenticity of that to which they are affitted. Final plans,
2109 specifications, or reports prepared or issued by a registered
2110 interior designer may be transmitted electronically and may be
2111 signed by the registered interior designer, dated, and sealed
2112 electronically with the seal in accordance with ss. 668.001
2113 668.006.
2114 (5) No registered interior designer shall affitt, or permit
2115 to be affitted, her or his seal or signature to any plan,
2116 specification, drawing, or other document which depicts worlc
2117 which she or he is not competent or licensed to perform.
2118 ( 7) No registered interior designer shall affitt her or his
2119 signature or seal to any plans, specifications, or other
2120 docUfficnts which were not prepared by her or him or under her or
2121 his responsible supervising control or by another registered
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2122 interior designer and reviewed, approved, or modified and
2123 adopted by her or him as her or his own work according to rules
2124 adopted by the board.
2125 (9) Studies, drawings, specifications, and other related
2126 documents prepared by a registered interior designer in
2127 providing interior design services shall be of a sufficiently
2128 high standard to clearly and accurately indicate all essential
2129 parts of the work to which they refer.
2130 1§1-f-±-G-t Each registered architect must or interior
2131 designer, and each corporation, limited liability company, or
2132 partnership holding a certificate of authori~ation, shall
2133 include her or his license its certificate number in any
2134 newspaper, telephone directory, or other advertising medium used
2135 by the registered licensee architect, interior designer,
2136 corporation, limited liability company, or partnership. Each
2137 business organization must include the license number of the
2138 registered architect who serves as the qualifying agent for that
2139 business organization in any newspaper, telephone directory, or
2140 other advertising medium used by the business organization. A
2141 business organization is not required to display the license
2142 numbers of other registered architects employed by the business
2143 organization A corporation, limited liability company, or
2144 partnership is not required to display the certificate nufftber of
2145 individual registered architects or interior designers employed
2146 by or working within the corporation, limited liability company,
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2147 or partnership.
2148 J..21-B-±+ When the certificate of registration of a
2149 registered architect or interior designer has been revoked or
2150 suspended by the board, the registered architect or interior
2151 designer shall surrender her or his seal to the secretary of the
2152 board within a period of 30 days after the revocation or
2153 suspension has become effective. If the certificate of the
2154 registered architect or interior designer has been suspended for
2155 a period of time, her or his seal shall be returned to her or
2156 him upon expiration of the suspension period.
2157 ~~ A person may not sign and seal by any means any
2158 final plan, specification, or report after her or his
2159 certificate of registration has expired or is suspended or
2160 revoked. A registered architect or interior designer whose
2161 certificate of registration is suspended or revoked shall,
2162 within 30 days after the effective date of the suspension or
2163 revocation, surrender her or his seal to the executive director
2164 of the board and confirm in writing to the executive director
2165 the cancellation of the registered architect's or interior
2166 designer's electronic signature in accordance with ss. 668.001-
2167 668.006. When a registered architect's or interior designer's
2168 certificate of registration is suspended for a period of time,
2169 her or his seal shall be returned upon expiration of the period
2170 of suspension.
2171 Section 86. Section 481.222, Florida Statutes, is amended
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2172 to read:
2173 481.222 Architects performing building code inspection
2174 services.-Notwithstanding any other provision of law, a person
2175 who is currently licensed to practice as an architect under this
2176 part may provide building code inspection services described in
2177 s. 468.603(5) and (8) to a local government or state agency upon
2178 its request, without being certified by the Florida Building
2179 Code Administrators and Inspectors Board under part XII of
2180 chapter 468. With respect to the performance of such building
2181 code inspection services, the architect is subject to the
2182 disciplinary guidelines of this part ands. 468.621(1) (c)-(h)
2183 Any complaint processing, investigation, and discipline that
2184 arise out of an architect's performance of building code
2185 inspection services shall be conducted by the Board of
2186 Architecture and Interior Design rather than the Florida
2187 Building Code Administrators and Inspectors Board. An architect
2188 may not perform plans review as an employee of a local
2189 government upon any job that the architect or the architect's
2190 company designed.
2191 Section 87. Section 481.223, Florida Statutes, is amended
2192 to read:
2193 481.223 Prohibitions; penalties; injunctive relief.-
2194 (1) A person may not knowingly:
2195 (a) Practice architecture unless the person is an
2196 architect or a registered architect; however, a licensed
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2197 architect who has been licensed by the board and who chooses to
2198 relinquish or not to renew his or her license may use the title
2199 "Architect, Retired" but may not otherwise render any
2200 architectural services.
2201 (b) Practice interior design unless the person is a
2202 registered interior designer unless otherwise eMempted herein;
2203 however, an interior designer who has been licensed by the board
2204 and who chooses to relinquish or not to renew his or her license
2205 may use the title "Interior Designer, Retired" but may not
2206 otherwise render any interior design services.
2207 J.Ql_-tet Use the name or title "architect..L" -e-r- "registered
2208 architect," or ''interior designer" or "registered interior
2209 designer," or words to that effect, when the person is not then
2210 the holder of a valid license issued pursuant to this part.
2211 J..£1-ta+- Present as his or her own the license of another.
2212 J..Q.l_-tet Give false or forged evidence to the board or a
2213 member thereof.
2214 ~-f-£+ Use or attempt to use an architect or interior
2215 designer license that has been suspended, revoked, or placed on
2216 inactive or delinquent status.
2217 J.!l~ Employ unlicensed persons to practice architecture
2218 or interior design.
2219 J.31-Brr Conceal information relative to violations of this
2220 part.
2221 (2) Any person who violates any provision of subsection
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2222 (1) commits a misdemeanor of the first degree, punishable as
2223 provided ins. 775.082 ors. 775.083.
2224 (3) (a) Notwithstanding chapter 455 or any other law to the
2225 contrary, an affected person may maintain an action for
2226 injunctive relief to restrain or prevent a person from violating
2227 paragraph ( 1) (a) orT paragraph ( 1) (b) , or paragraph ( 1) ( c) . The
2228 prevailing party is entitled to actual costs and attorney's
2229 fees.
2230 (b) For purposes of this subsection, the term "affected
2231 person" means a person directly affected by the actions of a
2232 person suspected of violating paragraph (1) (a) orT paragraph
2233 (1) (b), or paragraph (1) (c) and includes, but is not limited to,
2234 the department, any person who received services from the
2235 alleged violator, or any private association composed primarily
2236 of members of the profession the alleged violator is practicing
2237 or offering to practice or holding himself or herself out as
2238 qualified to practice.
2239 Section 88. Section 481.2251, Florida Statutes, is
2240 repealed.
2241 Section 89. Subsections (5) through (8) of section
2242 481.229, Florida Statutes, are amended to read:
2243 481.229 Exceptions; exemptions from licensure.-
2244 (§) (a) NothiRg coRtaiRed iR this part shall preveRt a
2245 registered architect or a partnership, limited liability
2246 compaRy, or corporatioR holdiRg a valid certificate of
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2247 authorization to provide architectural services from performing
2248 any interior design service or from using the title ''interior
2249 designer" or "registered interior designer."
2250 (b) Notwithstanding any other provision of this part, all
2251 persons licensed as architects under this part shall be
2252 qualified for interior design licensure upon submission of a
2253 coffipleted application for such license and a fee not to eJcceed
2254 $30. Such persons shall be eJcempt from the requirements of s.
2255 481.209(2). For architects licensed as interior designers,
2256 satisfaction of the requirements for renewal of licensure as an
2257 architect under s. 481.215 shall be deemed to satisfy the
2258 requirements for renewal of licensure as an interior designer
2259 under that section. Complaint processing, investigation, or
2260 other discipline related legal costs related to persons licensed
2261 as interior designers under this paragraph shall be assessed
2262 against the architects' account of the Regulatory Trust Fund.
22 63 (c) Notwithstanding any other provision of this part, any
2264 corporation, partnership, or person operating under a fictitious
2265 name which holds a certificate of authorization to provide
2266 architectural services shall be qualified, without fee, for a
2267 certificate of authorization to provide interior design services
2268 upon submission of a completed application therefor. For
2269 corporations, partnerships, and persons operating under a
2270 fictitious name which hold a certificate of authorization to
2271 provide interior design services, satisfaction of the
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2272 requirements for renewal of the certificate of authorization to
2273 provide architectural services under s. 481.219 shall be deemed
2274 to satisfy the requirements for renewal of the certificate of
2275 authorization to provide interior design services under that
2276 section.
2277 (6) This part shall not apply to:
2278 (a) A person who performs interior design services or
2279 interior decorator services for any residential application,
2280 provided that ouch person does not advertise as, or represent
2281 himself or herself as, an interior designer. For purposes of
2282 this paragraph, "residential applications" includes all types of
2283 residences, including, but not limited to, residence buildings,
2284 single family homes, multifamily homes, townhouses, apartments,
2285 condominiums, and domestic outbuildings appurtenant to one
2286 family or two family residences. However, "residential
2287 applications" does not include coffiffion areas associated with
2288 instances of multiple unit dwelling applications.
2289 (b) An employee of a retail establishment providing
2290 ''interior decorator services" on the premises of the retail
2291 establishment or in the furtherance of a retail sale or
2292 prospective retail sale, provided that such employee docs not
2293 advertise as, or represent himself or herself as, an interior
2294 designer.
2295 (7) ~~othing in this part shall be construed as authorizing
2296 or permitting an interior designer to engage in the business of,
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2297 or to act as, a contractor within the meaning of chapter 489,
2298 unless registered or certified as a contractor pursuant to
2299 chapter 489.
2300 ~-f-8+ A manufacturer of commercial food service equipment
2301 or the manufacturer's representative, distributor, or dealer or
2302 an employee thereof, who prepares designs, specifications, or
2303 layouts for the sale or installation of such equipment is exempt
2304 from licensure as an architect or interior designer, if:
2305 (a) The designs, specifications, or layouts are not used
2306 for construction or installation that may affect structural,
2307 mechanical, plumbing, heating, air conditioning, ventilating,
2308 electrical, or vertical transportation systems.
2309 (b) The designs, specifications, or layouts do not
2310 materially affect lifesafety systems pertaining to firesafety
2311 protection, smoke evacuation and compartmentalization, and
2312 emergency ingress or egress systems.
2313 (c) Each design, specification, or layout document
2314 prepared by a person or entity exempt under this subsection
2315 contains a statement on each page of the document that the
2316 designs, specifications, or layouts are not architectural 7
2317 interior design, or engineering designs, specifications, or
2318 layouts and not used for construction unless reviewed and
2319 approved by a licensed architect or engineer.
2320 Section 90. Subsection (1) of section 481.231, Florida
2321 Statutes, is amended to read:
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2322 481.231 Effect of part locally.-
2323 (1) Nothing in This part does not shall be construed to
2324 repeal, amend, limit, or otherwise affect any specific provision
2325 of any local building code or zoning law or ordinance that has
2326 been duly adopted, now or hereafter enacted, which is more
2327 restrictive, with respect to the services of registered
2328 architects or registered interior designers, than the provisions
2329 e-f. this part; provided, however, that a licensed architect shall
2330 be deemed licensed as an interior designer for purposes of
2331 offering or rendering interior design services to a county,
2332 municipality, or other local government or political
2333 subdivision.
2334 Section 91. Section 481.303, Florida Statutes, is amended
2335 to read:
2336 481.303 Definitions.-As used in this chapter, the term:
2337 (1) "Board" means the Board of Landscape Architecture.
2338 fil-f-4+ "Certificate of registration" means a license
2339 issued by the department to a natural person to engage in the
2340 practice of landscape architecture.
2341 ill-+-2-+- "Department" means the Department of Business and
2342 Professional Regulation.
2343 ( 5) "Certificate of authori,mtion" means a license issued
2344 by the department to a corporation or partnership to engage in
2345 the practice of landscape architecture.
2346 ill-f-6+ "Landscape architecture" means professional
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2347 services, including, but not limited to, the following:
2348 (a) Consultation, investigation, research, planning,
2349 design, preparation of drawings, specifications, contract
2350 documents and reports, responsible construction supervision, or
2351 landscape management in connection with the planning and
2352 development of land and incidental water areas, including the
2353 use of Florida-friendly landscaping as defined ins. 373.185,
2354 where, and to the extent that, the dominant purpose of such
2355 services or creative works is the preservation, conservation,
2356 enhancement, or determination of proper land uses, natural land
2357 features, ground cover and plantings, or naturalistic and
2358 aesthetic values;
2359 (b) The determination of settings, grounds, and approaches
2360 for and the siting of buildings and structures, outdoor areas,
2361 or other improvements;
2362 (c) The setting of grades, shaping and contouring of land
2363 and water forms, determination of drainage, and provision for
2364 storm drainage and irrigation systems where such systems are
2365 necessary to the purposes outlined herein; and
2366 (d) The design of such tangible objects and features as
2367 are necessary to the purpose outlined herein.
2368 ill+++ "Landscape design" means consultation for and
2369 preparation of planting plans drawn for compensation, including
2370 specifications and installation details for plant materials,
2371 soil amendments, mulches, edging, gravel, and other similar
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2372 materials. Such plans may include only recommendations for the
2373 conceptual placement of tangible objects for landscape design
2374 projects. Construction documents, details, and specifications
2375 for tangible objects and irrigation systems shall be designed or
2376 approved by licensed professionals as required by law.
2377 ill-f-3+ "Registered landscape architect" means a person who
2378 holds a license to practice landscape architecture in this state
2379 under the authority of this act.
2380 Section 92. Section 481.310, Florida Statutes, is amended
2381 to read:
2382 481.310 Practical experience requirement.-Beginning
2383 October 1, 1990, every applicant for licensure as a registered
2384 landscape architect shall demonstrate, prior to licensure, 1
2385 year of practical experience in landscape architectural work. An
2386 applicant who holds both a bachelor's degree and a master's
2387 degree in landscape architecture is not required to demonstrate
2388 1 year of practical experience in landscape architectural work
2389 to obtain licensure. The board shall adopt rules providing
2390 standards for the required experience. An applicant who
2391 qualifies for examination pursuant to s. 481.309 (1) (b) 1. may
2392 obtain the practical experience after completing the required
2393 professional degree. Experience used to qualify for examination
2394 pursuant to s. 481.309(1) (b)2. may not be used to satisfy the
2395 practical experience requirement under this section.
2396 Section 93. Subsections (5) and (6) of section 481.311,
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2397 Florida Statutes, are renumbered as subsections (4) and (5),
2398 respectively, and subsection (3) and present subsection (4) of
2399 that section are amended, to read:
2400 481.311 Licensure.-
2401 (3) The board shall certify as qualified for a license by
2402 endorsement an applicant who:
2403 (a) Qualifies to take the examination as set forth ins.
2404 481.309; and has passed a national, regional, state, or
2405 territorial licensing examination which is substantially
2406 equivalent to the examination required bys. 481.309; e-r
2407 (b) Holds a valid license to practice landscape
2408 architecture issued by another state or territory of the United
2409 States, if the criteria for issuance of such license were
2410 substantially identical to the licensure criteria which existed
2411 in this state at the time the license was issued; or~
2412 (c) Has held a valid license to practice landscape
2413 architecture in another state or territory of the United States
2414 for at least 10 years before the date of application and has
2415 successfully completed a state, regional, national, or other
2416 examination that is equivalent to or more stringent than the
2417 examination required by the board, subject to subsection (5). An
2418 applicant who has met the requirements to be qualified for a
2419 license by endorsement except for successful completion of an
2420 examination that is equivalent to or more stringent than the
2421 examination required by the board may take the examination
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2422 required by the board without completing additional education
2423 requirements. Such application must be submitted to the board
2424 while the applicant holds a valid license in another state or
2425 territory or within 2 years after the expiration of such
2426 license.
2427 ( 4) The board shall certify as qualified for a certificate
2428 of authori~ation any applicant corporation or partnership who
2429 satisfies the requirements of s. 481.319.
2430 Section 94. Subsection (4) of section 481.313, Florida
2431 Statutes, is amended to read:
2432 481.313 Renewal of license.-
2433 (4) The board, by rule adopted pursuant toss. 120.536(1)
2434 and 120.54, shall establish criteria for the approval of
2435 continuing education courses and providers, and shall by rule
2436 establish criteria for accepting alternative nonclassroom
2437 continuing education on an hour-for-hour basis. A landscape
2438 architect shall receive hour-for-hour credit for attending
2439 continuing education courses approved by the Landscape
2440 Architecture Continuing Education System or another nationally
2441 recognized clearinghouse for continuing education that relate to
2442 and increase the basic knowledge of landscape architecture, as
2443 determined by the board, if such landscape architect submits
2444 proof satisfactory to the board that such course was approved by
2445 the Landscape Architecture Continuing Education System or
2446 another nationally recognized clearinghouse for continuing
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2447 education, the syllabus or outline for such course, and
2448 attendance of such course.
2449 Section 95. Subsection (2) of section 481.317, Florida
2450 Statutes, is amended to read:
2451 481.317 Temporary certificates.-
2452 (2) Upon approval by the board and pa}ffllent of the fee set
2453 ins. 481.307, the department shall grant a temporary
2454 certificate of authorization for worlc on one specified project
2455 in this state for a period not to enceed 1 year to an out of
2456 state corporation, partnership, or firm, provided one of the
2457 principal officers of the corporation, one of the partners of
2458 the partnership, or one of the principals in the fictitiously
2459 named firm has obtained a temporary certificate of registration
2460 in accordance with subsection (1).
2461 Section 96. Section 481.319, Florida Statutes, is amended
2462 to read:
2463 481.319 Corporate and partnership practice of landscape
2464 architecture; certificate of authorization.-
2465 (1) The practice of or offer to practice landscape
2466 architecture by registered landscape architects registered under
2467 this part through a corporation or partnership offering
2468 landscape architectural services to the public, or through a
2469 corporation or partnership offering landscape architectural
2470 services to the public through individual registered landscape
2471 architects as agents, employees, officers, or partners, is
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2472 permitted, subject to the provisions of this section, if:
2473 (a) One or more of the principal officers of the
2474 corporation, or partners of the partnership, and all personnel
2475 of the corporation or partnership who act in its behalf as
2476 landscape architects in this state are registered landscape
2477 architects; and
2478 (b) One or more of the officers, one or more of the
2479 directors, one or more of the owners of the corporation, or one
2480 or more of the partners of the partnership is a registered
2481 landscape architect; and
2482 (c) The corporation or partnership has been issued a
2483 certificate of authori~ation by the board as provided herein.
2484 (2) All documents involving the practice of landscape
2485 architecture which are prepared for the use of the corporation
2486 or partnership shall bear the signature and seal of a registered
2487 landscape architect.
2488 (3) A landscape architect applying to practice in the name
2489 of a An applicant corporation must shall file with the
2490 department the names and addresses of all officers and board
2491 members of the corporation, including the principal officer or
2492 officers, duly registered to practice landscape architecture in
2493 this state and, also, of all individuals duly registered to
2494 practice landscape architecture in this state who shall be in
2495 responsible charge of the practice of landscape architecture by
2496 the corporation in this state. A landscape architect applying to
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2497 practice in the name of a An applicant partnership must shall
2498 file with the department the names and addresses of all partners
2499 of the partnership, including the partner or partners duly
2500 registered to practice landscape architecture in this state and,
2501 also, of an individual or individuals duly registered to
2502 practice landscape architecture in this state who shall be in
2503 responsible charge of the practice of landscape architecture by
2504 said partnership in this state.
2505 (4) Each landscape architect qualifying a partnership or
2506 ai'H'i corporation licensed under this part must shall notify the
2507 department within 1 month after e-f. any change in the information
2508 contained in the application upon which the license is based.
2509 Any landscape architect who terminates her or his or her
2510 employment with a partnership or corporation licensed under this
2511 part shall notify the department of the termination within 1
2512 month after such termination.
2513 (5) Disciplinary action against a corporation or
2514 partnership shall be administered in the same manner and on the
2515 same grounds as disciplinary action against a registered
2516 landscape architect.
2517 ~-f-6+ Except as provided ins. 558.0035, the fact that a
2518 registered landscape architect practices landscape architecture
2519 through a corporation or partnership as provided in this section
2520 does not relieve the landscape architect from personal liability
2521 for her or his or her professional acts.
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2522 Section 97. Subsection (5) of section 481.321, Florida
2523 Statutes, is amended to read:
2524 481.321 Seals; display of certificate number.-
2525 (5) Each registered landscape architect must and each
2526 corporation or partnership holding a certificate of
2527 authoriLation shall include her or his -i+s- certificate number in
2528 any newspaper, telephone directory, or other advertising medium
2529 used by the registered landscape architect, corporation, or
2530 partnership. A corporation or partnership must is not required
2531 -t-e display the certificate number numbers of at least one
2532 officer, director, owner, or partner who is a individual
2533 registered landscape architect architects employed by or
2534 practicing with the corporation or partnership.
2535 Section 98. Subsection (5) of section 481.329, Florida
2536 Statutes, is amended to read:
2537 481.329 Exceptions; exemptions from licensure.-
2538 (5) This part does not prohibit any person from engaging
2539 in the practice of landscape design, as defined ins. 481.303
2540 481.303(7), or from submitting for approval to a governmental
2541 agency planting plans that are independent of, or a component
2542 of, construction documents that are prepared by a Florida-
2543 registered professional. Persons providing landscape design
2544 services shall not use the title, term, or designation
2545 "landscape architect," "landscape architectural," "landscape
2546 architecture," "L.A.," "landscape engineering," or any
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2547 description tending to convey the impression that she or he is a
2548 landscape architect unless she or he is registered as provided
2549 in this part.
2550 Section 99. Subsection (9) of section 489.103, Florida
2551 Statutes, is amended to read:
2552 489.103 Exemptions.-This part does not apply to:
2553 (9) Any work or operation of a casual, minor, or
2554 inconsequential nature in which the aggregate contract price for
2555 labor, materials, and all other items is less than $2,500
2556 $1,000, but this exemption does not apply:
2557 (a) If the construction, repair, remodeling, or
2558 improvement is a part of a larger or major operation, whether
2559 undertaken by the same or a different contractor, or in which a
2560 division of the operation is made in contracts of amounts less
2561 than $2,500 $1,000 for the purpose of evading this part or
2562 otherwise.
2563 (b) To a person who advertises that he or she is a
2564 contractor or otherwise represents that he or she is qualified
2565 to engage in contracting.
2566 Section 100. Subsection (2) of section 489.111, Florida
2567 Statutes, is amended to read:
2568 489.111 Licensure by examination.-
2569 (2) A person shall be eligible for licensure by
2570 examination if the person:
2571 (a) Is 18 years of age;
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2572 (b) Is of good moral character; and
2573 (c) Meets eligibility requirements according to one of the
2574 following criteria:
2575 1. Has received a baccalaureate degree from an accredited
2576 4-year college in the appropriate field of engineering,
2577 architecture, or building construction and has 1 year of proven
2578 experience in the category in which the person seeks to qualify.
2579 For the purpose of this part, a minimum of 2,000 person-hours
2580 shall be used in determining full-time equivalency. An applicant
2581 who is exempt from passing an examination as provided ins.
2582 489.113(1) is eligible for a license under this section.
2583 2. Has a total of at least 4 years of active experience as
2584 a worker who has learned the trade by serving an apprenticeship
2585 as a skilled worker who is able to command the rate of a
2586 mechanic in the particular trade or as a foreman who is in
2587 charge of a group of workers and usually is responsible to a
2588 superintendent or a contractor or his or her equivalent,
2589 provided, however, that at least 1 year of active experience
2590 shall be as a foreman.
2591 3. Has a combination of not less than 1 year of experience
2592 as a foreman and not less than 3 years of credits for any
2593 accredited college-level courses; has a combination of not less
2594 than 1 year of experience as a skilled worker, 1 year of
2595 experience as a foreman, and not less than 2 years of credits
2596 for any accredited college-level courses; or has a combination
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2597 of not less than 2 years of experience as a skilled worker, 1
2598 year of experience as a foreman, and not less than 1 year of
2599 credits for any accredited college-level courses. All junior
2600 college or community college-level courses shall be considered
2601 accredited college-level courses.
2 602 4.a. An active certified residential contractor is
2603 eligible to receive a certified building contractor license
2604 after passing or having previously passed~ the building
2605 contractors' examination if he or she possesses a minimum of 3
2606 years of proven experience in the classification in which he or
2607 she is certified.
2608 b. An active certified residential contractor is eligible
2609 to receive a certified general contractor license after passing
2610 or having previously passed~ the general contractors'
2611 examination if he or she possesses a minimum of 4 years of
2612 proven experience in the classification in which he or she is
2613 certified.
2614 c. An active certified building contractor is eligible to
2615 receive a certified general contractor license after passing or
2616 having previously passed~ the general contractors'
2617 examination if he or she possesses a minimum of 4 years of
2618 proven experience in the classification in which he or she is
2619 certified.
2620 5.a. An active certified air-conditioning Class C
2621 contractor is eligible to receive a certified air conditioning
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2622 Class B contractor license after passing or having previously
2623 passed ta-k-e the air-conditioning Class B contractors'
2624 examination if he or she possesses a minimum of 3 years of
2625 proven experience in the classification in which he or she is
2626 certified.
2627 b. An active certified air-conditioning Class C contractor
2628 is eligible to receive a certified air conditioning Class A
2629 contractor license after passing or having previously passed
2630 ta-k-e the air-conditioning Class A contractors' examination if he
2631 or she possesses a minimum of 4 years of proven experience in
2 632 the classification in which he or she is certified.
2633 c. An active certified air-conditioning Class B contractor
2634 is eligible to receive a certified air conditioning Class A
2635 contractor license after passing or having previously passed
2636 ta-k-e the air-conditioning Class A contractors' examination if he
2637 or she possesses a minimum of 1 year of proven experience in the
2638 classification in which he or she is certified.
2639 6.a. An active certified swimming pool servicing
2640 contractor is eligible to receive a certified residential
2641 swimming pool contractor license after passing or having
2642 previously passed ta-k-e the residential swimming pool
2643 contractors' examination if he or she possesses a minimum of 3
2644 years of proven experience in the classification in which he or
2645 she is certified.
2646 b. An active certified swimming pool servicing contractor
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2647 is eligible to receive a certified commercial swimming pool
2648 contractor license after passing or having previously passed
2649 take the swimming pool commercial contractors' examination if he
2650 or she possesses a minimum of 4 years of proven experience in
2651 the classification in which he or she is certified.
2652 c. An active certified residential swimming pool
2653 contractor is eligible to receive a certified commercial
2654 swimming pool contractor license after passing or having
2655 previously passed take the commercial swimming pool contractors'
2656 examination if he or she possesses a minimum of 1 year of proven
2657 experience in the classification in which he or she is
2658 certified.
2659 d. An applicant is eligible to receive a certified
2660 swimming pool/spa servicing contractor license after passing or
2661 having previously passed take the swimming pool/spa servicing
2 662 contractors' examination if he or she has satisfactorily
2663 completed 60 hours of instruction in courses related to the
2664 scope of work covered by that license and approved by the
2665 Construction Industry Licensing Board by rule and has at least 1
2666 year of proven experience related to the scope of work of such a
2667 contractor.
2668 Section 101. Subsection (1) of section 489.113, Florida
2669 Statutes, is amended to read:
2670 489.113 Qualifications for practice; restrictions.-
2671 (1) Any person who desires to engage in contracting on a
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2672 statewide basis shall, as a prerequisite thereto, establish his
2673 or her competency and qualifications to be certified pursuant to
2674 this part. To establish competency, a person shall pass the
2675 appropriate examination approved by the board and certified by
2676 the department. If an applicant has received a baccalaureate
2 677 degree from an accredited 4-year college in building
2678 construction, or a related degree as approved by the board by
2679 rule, such applicant is not required to pass such examination.
2680 Any person who desires to engage in contracting on other than a
2681 statewide basis shall, as a prerequisite thereto, be registered
2682 pursuant to this part, unless exempted by this part.
2683 Section 102. Subsection (3) of section 489.115, Florida
2684 Statutes, is amended to read:
2685 489.115 Certification and registration; endorsement;
2686 reciprocity; renewals; continuing education.-
2687 (3) The board shall certify as qualified for certification
2688 by endorsement any applicant who:
2689 (a) Meets the requirements for certification as set forth
2690 in this section; has passed a national, regional, state, or
2691 United States territorial licensing examination that is
2692 substantially equivalent to the examination required by this
2693 part; and has satisfied the requirements set forth ins.
2694 489.111;
2695 (b) Holds a valid license to practice contracting issued
2696 by another state or territory of the United States, if the
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2697 criteria for issuance of such license were substantially
2698 equivalent to Florida's current certification criteria; er-
2699 (c) Holds a valid, current license to practice contracting
2700 issued by another state or territory of the United States, if
2701 the state or territory has entered into a reciprocal agreement
2702 with the board for the recognition of contractor licenses issued
2703 in that state, based on criteria for the issuance of such
2704 licenses that are substantially equivalent to the criteria for
2705 certification in this state; or
2706 (d) Has held a valid license to practice contracting
2707 issued by another state or territory for at least 10 years
2708 before the date of application and is applying for the same or
2709 similar license in this state, subject to subsections (5)-(9).
2710 The board may consider whether such applicant has had a license
2711 to practice contracting revoked, suspended, or otherwise acted
2712 against by the licensing authority of another state, territory,
2713 or country. Such application must be submitted to the board
2714 while the applicant holds a valid license in another state or
2715 territory or within 2 years after the expiration of such
2716 license.
2717 Section 103. Subsection (5) of section 489.511, Florida
2718 Statutes, is amended to read:
2719 489.511 Certification; application; examinations;
2720 endorsement.-
2721 ( 5) The board shall certify as qualified for certification
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2722 by endorsement any individual applying for certification who:
2723 (a) Meets the requirements for certification as set forth
2724 in this section; has passed a national, regional, state, or
2725 United States territorial licensing examination that is
2726 substantially equivalent to the examination required by this
2727 part; and has satisfied the requirements set forth ins.
2728 489.521; BT
2729 (b) Holds a valid license to practice electrical or alarm
2730 system contracting issued by another state or territory of the
2731 United States, if the criteria for issuance of such license was
2732 substantially equivalent to the certification criteria that
2733 existed in this state at the time the certificate was issued; or
2734 (c) Has held a valid license to practice electrical or
2735 alarm system contracting issued by another state or territory
2736 for at least 10 years before the date of application and is
2737 applying for the same or similar license in this state, subject
2738 to ss. 489.510 and 489.521 (3) (a), and subparagraph (1) (b) 1. Such
2739 application must be submitted to the board while the applicant
2740 holds a valid license in another state or territory or within 2
2741 years after the expiration of such license.
2742 Section 104. Subsection (3) and paragraph (b) of
2743 subsection (4) of section 489.517, Florida Statutes, are amended
2744 to read:
2745 489.517 Renewal of certificate or registration; continuing
2746 education.-
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2747 ( 3) Each certificateholder or registrant shall provide
2748 proof, in a form established by rule of the board, that the
2749 certificateholder or registrant has completed at least 2 -l-4-
2750 classroom hours of at least 50 minutes each of continuing
2751 education courses during each biennium since the issuance or
2752 renewal of the certificate or registration. The board shall by
2753 rule establish criteria for the approval of continuing education
2754 courses and providers and may by rule establish criteria for
2755 accepting alternative nonclassroom continuing education on an
2756 hour-for-hour basis.
2757 ( 4)
2758 (b) Of the 7 -l-4- classroom hours of continuing education
2759 required, at least 1 hour 7 hours must be on technical subjects,
2760 1 hour on workers' compensation, 1 hour on workplace safety, 1
2761 hour on business practices, and for alarm system contractors and
2762 electrical contractors engaged in alarm system contracting, 2
2763 hours on false alarm prevention.
2764 Section 105. Paragraph (b) of subsection (1) of section
2765 489.518, Florida Statutes, is amended to read:
2766 489.518 Alarm system agents.-
2767 (1) A licensed electrical or alarm system contractor may
2768 not employ a person to perform the duties of a burglar alarm
2769 system agent unless the person:
2770 (b) Has successfully completed a minimum of 14 hours of
2771 training within 90 days after employment, to include basic alarm
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2772 system electronics in addition to related training including
2773 CCTV and access control training, with at least 2 hours of
2774 training in the prevention of false alarms. Such training shall
2775 be from a board-approved provider, and the employee or applicant
2776 for employment shall provide proof of successful completion to
2777 the licensed employer. The board shall by rule establish
2778 criteria for the approval of training courses and providers and
2779 may by rule establish criteria for accepting alternative
2780 nonclassroom education on an hour-for-hour basis. The board
2781 shall approve providers that conduct training in other than the
2782 English language. The board shall establish a fee for the
2783 approval of training providers or courses, not to exceed $60.
2784 Qualified employers may conduct training classes for their
2785 employees, with board approval.
2786 Section 106. Section 492.104, Florida Statutes, is
2787 amended, to read:
2788 492.104 Rulemaking authority.-The Board of Professional
2789 Geologists has authority to adopt rules pursuant toss.
2790 120.536(1) and 120.54 to implement this chapter. Every licensee
2791 shall be governed and controlled by this chapter and the rules
2792 adopted by the board. The board is authorized to set, by rule,
2793 fees for application, examination, certificate of authori~ation,
2794 late renewal, initial licensure, and license renewal. These fees
2795 may should not exceed the cost of implementing the application,
2796 examination, initial licensure, and license renewal or other
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2797 administrative process and shall be established as follows:
2798 (1) The application fee shall not exceed $150 and shall be
2799 nonrefundable.
2800 (2) The examination fee shall not exceed $250, and the fee
2801 may be apportioned to each part of a multipart examination. The
2802 examination fee shall be refundable in whole or part if the
2803 applicant is found to be ineligible to take any portion of the
2804 licensure examination.
2805 (3) The initial license fee shall not exceed $100.
2806 (4) The biennial renewal fee shall not exceed $150.
2807 (5) The fee for a certificate of authoriLation shall not
2808 exceed $350 and the fee for renewal of the certificate shall not
2809 exceed $350.
2810 ~-f-6+- The fee for reactivation of an inactive license may
2811 shall not exceed $50.
2812 J...§..l_~ The fee for a provisional license may shall not
2813 exceed $400.
2814 J.21-f-8+ The fee for application, examination, and licensure
2815 for a license by endorsement is shall be as provided in this
2816 section for licenses in general.
2817 Section 107. Subsection (1) of section 492.108, Florida
2818 Statutes, is amended to read:
2819 492.108 Licensure by endorsement; requirements; fees.-
2820 (1) The department shall issue a license by endorsement to
2821 any applicant who, upon applying to the department and remitting
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2822 an application fee, has been certified by the board that he or
2823 she:
2824 (a) Has met the qualifications for licensure ins.
2825 492.105(1) (b)-(e) and:.
2826 l..:_-fbt Is the holder of an active license in good standing
2827 in a state, trust, territory, or possession of the United
2828 States.
2829 2.-te+ Was licensed through written examination in at least
2830 one state, trust, territory, or possession of the United States,
2831 the examination requirements of which have been approved by the
2832 board as substantially equivalent to or more stringent than
2833 those of this state, and has received a score on such
2834 examination which is equal to or greater than the score required
2835 by this state for licensure by examination.
2836 l..:_-te+ Has taken and successfully passed the laws and rules
2837 portion of the examination required for licensure as a
2838 professional geologist in this state.
2839 (b) Has held a valid license to practice geology in
2840 another state, trust, territory, or possession of the United
2841 States for at least 10 years before the date of application and
2842 has successfully completed a state, regional, national, or other
2843 examination that is equivalent to or more stringent than the
2844 examination required by the department. If such applicant has
2845 met the requirements for a license by endorsement except
2846 successful completion of an examination that is equivalent to or
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2847 more stringent than the examination required by the board, such
2848 applicant may take the examination required by the board. Such
2849 application must be submitted to the board while the applicant
2850 holds a valid license in another state or territory or within 2
2851 years after the expiration of such license.
2852 Section 108. Section 492.111, Florida Statutes, is amended
2853 to read:
2854 492.111 Practice of professional geology by a firm,
2855 corporation, or partnership; certificate of authoriLation.-The
2856 practice of, or offer to practice, professional geology by
2857 individual professional geologists licensed under the provisions
2858 of this chapter through a firm, corporation, or partnership
2859 offering geological services to the public through individually
2860 licensed professional geologists as agents, employees, officers,
2861 or partners thereof is permitted subject to the provisions of
2862 this chapter, if provided that:
2863 (1) At all times that it offers geological services to the
2864 public, the firm, corporation, or partnership is qualified by
2865 has on file with the department the name and license number of
2866 one or more individuals who hold a current, active license as a
2867 professional geologist in the state and are serving as a
2868 geologist of record for the firm, corporation, or partnership. A
2869 geologist of record may be any principal officer or employee of
2870 such firm or corporation, or any partner or employee of such
2871 partnership, who holds a current, active license as a
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2872 professional geologist in this state, or any other Florida-
2873 licensed professional geologist with whom the firm, corporation,
2874 or partnership has entered into a long-term, ongoing
2875 relationship, as defined by rule of the board, to serve as one
2876 of its geologists of record. It shall be the responsibility of
2877 the firm, corporation, or partnership and The geologist of
2878 record shall -t-e notify the department of any changes in the
2879 relationship or identity of that geologist of record within 30
2880 days after such change.
2881 (2) The firm, corporation, or partnership has been issued
2882 a certificate of authorization by the department as provided in
2883 this chapter. For purposes of this section, a certificate of
2884 authorization shall be required of any firm, corporation,
2885 partnership, association, or person practicing under a
2886 fictitious name and offering geological services to the public;
2887 except that, when an individual is practicing professional
2888 geology in her or his own name, she or he shall not be required
2889 to obtain a certificate of authorization under this section.
2890 Such certificate of authorization shall be renewed every 2
2891 years.
2892 (2)-f-3-t All final geological papers or documents involving
2893 the practice of the profession of geology which have been
2894 prepared or approved for the use of such firm, corporation, or
2895 partnership, for delivery to any person for public record with
2896 the state, shall be dated and bear the signature and seal of the
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2897 professional geologist or professional geologists who prepared
2898 or approved them.
2899 J.l.l-f-4+ Except as provided ins. 558.0035, the fact that a
2900 licensed professional geologist practices through a corporation
2901 or partnership does not relieve the registrant from personal
2902 liability for negligence, misconduct, or wrongful acts committed
2903 by her or him. The partnership and all partners are jointly and
2904 severally liable for the negligence, misconduct, or wrongful
2905 acts committed by their agents, employees, or partners while
2906 acting in a professional capacity. Any officer, agent, or
2907 employee of a corporation is personally liable and accountable
2908 only for negligent acts, wrongful acts, or misconduct committed
2909 by her or him or committed by any person under her or his direct
2910 supervision and control, while rendering professional services
2911 on behalf of the corporation. The personal liability of a
2912 shareholder of a corporation, in her or his capacity as
2913 shareholder, may be no greater than that of a shareholder-
2914 employee of a corporation incorporated under chapter 607. The
2915 corporation is liable up to the full value of its property for
2916 any negligent acts, wrongful acts, or misconduct committed by
2917 any of its officers, agents, or employees while they are engaged
2918 on behalf of the corporation in the rendering of professional
2919 services.
2920 (§) The firffl, corporation, or partnership desiring a
2921 certificate of authorization shall file with the departffient an
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2922 application therefor, upon a form to be prescribed by the
2923 department, accompanied by the required application fee.
2924 ( 6) The department may refuse to issue a certificate of
2925 authorization if any facts exist which would entitle the
2926 department to suspend or revoke an CJcisting certificate of
2927 authorization or if the departfflent, after giving persons
2928 involved a full and fair hearing, determines that any of the
2929 officers or directors of said firm or corporation, or partners
2930 of said partnership, have violated the provisions of s. 492.113.
2931 Section 109. Subsection (4) of section 492.113, Florida
2932 Statutes, is amended to read:
2933 492.113 Disciplinary proceedings.-
2934 (4) The department shall reissue the license of a
2935 disciplined professional geologist or business upon
2936 certification by the board that the disciplined person has
2937 complied with all of the terms and conditions set forth in the
2938 final order.
2939 Section 110. Section 492.115, Florida Statutes, is amended
2940 to read:
2941 492.115 Roster of licensed professional geologists.-A
2942 roster showing the names and places of business or residence of
2943 all licensed professional geologists and all properly qualified
2944 firms, corporations, or partnerships practicing holding
2945 certificates of authorization to practice professional geology
2946 in the state shall be prepared annually by the department. A
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2947 copy of this roster must be made available to shall be
2948 obtainable by each licensed professional geologist and each
2949 firm, corporation, or partnership qualified by a professional
2950 geologist holding a certificate of authoriLation, and copies
2951 thereof shall be placed on file with the department.
2952 Section 111. Paragraph (i) of subsection (2) of section
2953 548.003, Florida Statutes, is amended to read:
2954 548.003 Florida State Boxing Commission.-
2955 (2) The Florida State Boxing Commission, as created by
2956 subsection (1), shall administer the provisions of this chapter.
2957 The commission has authority to adopt rules pursuant toss.
2958 120.536(1) and 120.54 to implement the provisions of this
2959 chapter and to implement each of the duties and responsibilities
2960 conferred upon the commission, including, but not limited to:
2961 (i) Designation and duties of a knockdown tiFRekeeper.
2962 Section 112. Subsection (1) of section 548.017, Florida
2963 Statutes, is amended to read:
2964 548.017 Participants, managers, and other persons required
2965 to have licenses.-
2966 (1) A participant, manager, trainer, second, tiFRekeeper,
2967 referee, judge, announcer, physician, matchmaker, or promoter
2968 must be licensed before directly or indirectly acting in such
2969 capacity in connection with any match involving a participant. A
2970 physician approved by the commission must be licensed pursuant
2971 to chapter 458 or chapter 459, must maintain an unencumbered
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2972 license in good standing, and must demonstrate satisfactory
2973 medical training or experience in boxing, or a combination of
2974 both, to the executive director before working as the ringside
2975 physician.
297 6 Section 113. Paragraph (d) of subsection (1) of section
2977 553.5141, Florida Statutes, is amended to read:
2978 553.5141 Certifications of conformity and remediation
2979 plans.-
2980 (1) For purposes of this section:
2981 (d) "Qualified expert" means:
2982 1. An engineer licensed pursuant to chapter 471.
2983 2. A certified general contractor licensed pursuant to
2984 chapter 489.
2985 3. A certified building contractor licensed pursuant to
2986 chapter 489.
2987 4. A building code administrator licensed pursuant to
2988 chapter 468.
2989 5. A building inspector licensed pursuant to chapter 468.
2990 6. A plans examiner licensed pursuant to chapter 468.
2991 7. An interior designer who has passed the qualification
2992 examination prescribed by either the National Council for
2993 Interior Design Qualifications or the California Council for
2994 Interior Design Certification or who was licensed as an interior
2995 designer by the Department of Business and Professional
2996 Regulation liceRsed pursuaRt to chapter 481.
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2997 8. An architect licensed pursuant to chapter 481.
2998 9. A landscape architect licensed pursuant to chapter 481.
2999 10. Any person who has prepared a remediation plan related
3000 to a claim under Title III of the Americans with Disabilities
3001 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
3002 court in a settlement agreement or court proceeding, or who has
3003 been qualified as an expert in Title III of the Americans with
3004 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
3005 Section 114. Effective January 1, 2021, subsection (1) of
3006 section 553.74, Florida Statutes, is amended to read:
3007 553.74 Florida Building Commission.-
3008 (1) The Florida Building Commission is created and located
3009 within the Department of Business and Professional Regulation
3010 for administrative purposes. Members are appointed by the
3011 Governor subject to confirmation by the Senate. The commission
3012 is composed of 19 ~ members, consisting of the following
3013 members:
3014 (a) One architect licensed under chapter 481 with at least
3015 5 years of experience in the design and construction of
3016 buildings designated for Group E or Group I occupancies by the
3017 Florida Building Code registered to practice iR this state aRd
3018 actively eRgaged iR the profeooioR. The American Institute of
3019 Architects, Florida Section, is encouraged to recommend a list
3020 of candidates for consideration.
3021 (b) One structural engineer registered to practice in this
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3022 state and actively engaged in the profession. The Florida
3023 Engineering Society is encouraged to recommend a list of
3024 candidates for consideration.
3025 (c) One air-conditioning contractor, e-r mechanical
3026 contractor, or mechanical engineer certified to do business in
3027 this state and actively engaged in the profession. The Florida
3028 Air Conditioning Contractors Association, the Florida
3029 Refrigeration and Air Conditioning Contractors Association, artti
3030 the Mechanical Contractors Association of Florida, and the
3031 Florida Engineering Society are encouraged to recommend a list
3032 of candidates for consideration.
3033 (d) One electrical contractor or electrical engineer
3034 certified to do business in this state and actively engaged in
3035 the profession. The Florida Association of Electrical
3036 Contractors~ artti the National Electrical Contractors
3037 Association, Florida Chapter, and the Florida Engineering
3038 Society are encouraged to recommend a list of candidates for
3039 consideration.
3040 (e) One meff\ber from fire protection engineering or
3041 technology who is actively engaged in the profession. The
3042 Florida Chapter of the Society of Fire Protection Engineers and
3043 the Florida Fire Marshals and Inspectors Association are
3044 encouraged to recoffiffiend a list of candidates for consideration.
3045 ~-f-'E+ One certified general contractor or one certified
3046 building contractor certified to do business in this state and
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3047 actively engaged in the profession. The Associated Builders and
3048 Contractors of Florida, the Florida Associated General
3049 Contractors Council, the Florida Home Builders Association, and
3050 the Union Contractors Association are encouraged to recommend a
3051 list of candidates for consideration.
3052 l!l_~ One plumbing contractor licensed to do business in
3053 this state and actively engaged in the profession. The Florida
3054 Association of Plumbing, Heating, and Cooling Contractors is
3055 encouraged to recommend a list of candidates for consideration.
3056 l_g_l_-f-ftt One roofing or sheet metal contractor certified to
3057 do business in this state and actively engaged in the
3058 profession. The Florida Roofing, Sheet Metal, and Air
3059 Conditioning Contractors Association and the Sheet Metal and Air
3060 Conditioning Contractors' National Association are encouraged to
3061 recommend a list of candidates for consideration.
3062 (h)-t±+ One certified residential contractor licensed to do
3063 business in this state and actively engaged in the profession.
3064 The Florida Home Builders Association is encouraged to recommend
3065 a list of candidates for consideration.
3066 Jil-f-1+ Three members who are municipal, county, or
3067 district codes enforcement officials, one of whom is also a fire
3068 official. The Building Officials Association of Florida and the
3069 Florida Fire Marshals and Inspectors Association are encouraged
3070 to recommend a list of candidates for consideration.
3071 (k) 0Re ffleffiber who repreoeRto the DepartffleRt of FiRaRcial
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3072 Services.
3073 ( 1) One Fflefflber who is a county codes enforcefflent official.
3074 The Building Officials Association of Florida is encouraged to
3075 recofflfflend a list of candidates for consideration.
3076 J.il-fffl+- One member of a Florida-based organization of
3077 persons with disabilities or a nationally chartered organization
3078 of persons with disabilities with chapters in this state which
3079 complies with or is certified to be compliant with the
3080 requirements of the Americans with Disability Act of 1990, as
3081 amended.
3082 (k)-fi:t+- One member of the manufactured buildings industry
3083 who is licensed to do business in this state and is actively
3084 engaged in the industry. The Florida Manufactured Housing
3085 Association is encouraged to recommend a list of candidates for
3086 consideration.
3087 (o) One fflechanical or electrical engineer registered to
3088 practice in this state and actively engaged in the profession.
3089 The Florida Engineering Society is encouraged to recofflfflend a
3090 list of candidates for consideration.
3091 (p) One fflefflber who is a representative of a fflunicipality
3092 or a charter county. The Florida League of Cities and the
3093 Florida ~ssociation of Counties are encouraged to recofflfflend a
3094 list of candidates for consideration.
3095 J..ll-Rtt- One member of the building products manufacturing
3096 industry who is authorized to do business in this state and is
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3097 actively engaged in the industry. The Florida Building Material
3098 Association, the Florida Concrete and Products Association, and
3099 the Fenestration Manufacturers Association are encouraged to
3100 recommend a list of candidates for consideration.
3101 (m)-f-r+ One member who is a representative of the building
3102 owners and managers industry who is actively engaged in
3103 commercial building ownership or management. The Building Owners
3104 and Managers Association is encouraged to recommend a list of
3105 candidates for consideration.
3106 -1!:Ll_-f-s+ One member who is a representative of the insurance
3107 industry. The Florida Insurance Council is encouraged to
3108 recommend a list of candidates for consideration.
3109 (t) One fflefflber who is a representative of public
3110 education.
3111 J...Ql_-tu+ One member who is a swimming pool contractor
3112 licensed to do business in this state and actively engaged in
3113 the profession. The Florida Swimming Pool Association and the
3114 United Pool and Spa Association are encouraged to recommend a
3115 list of candidates for consideration.
3116 J..El-f-,r,t One member who is a representative of the green
3117 building industry and who is a third-party commission agent, a
3118 Florida board member of the United States Green Building Council
3119 or Green Building Initiative, a professional who is accredited
3120 under the International Green Construction Code (IGCC), or a
3121 professional who is accredited under Leadership in Energy and
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3122 Environmental Design (LEED).
3123 J_gl-f-w-t One member who is a representative of a natural gas
3124 distribution system and who is actively engaged in the
3125 distribution of natural gas in this state. The Florida Natural
3126 Gas Association is encouraged to recommend a list of candidates
3127 for consideration.
3128 ( }{) One R'lefflber who is a representative of the DepartR'lent
3129 of Agriculture and Consuffier Services' Office of Energy. The
3130 CoR'lR'lissioner of Agriculture is encouraged to recoR'lR'lend a list of
3131 candidates for consideration.
3132 (y) One R'lefflber who shall be the chair.
3133 Section 115. Paragraph (c) of subsection (5) of section
3134 553.79, Florida Statutes, is amended to read:
3135 553.79 Permits; applications; issuance; inspections.-
3136 (5)
3137 (c) The architect or engineer of record may act as the
3138 special inspector provided she or he is on the Board of
3139 Professional Engineers' or the Board of Architecture's
3140 Architecture and Interior Design's list of persons qualified to
3141 be special inspectors. School boards may utilize employees as
3142 special inspectors provided such employees are on one of the
3143 professional licensing board's list of persons qualified to be
3144 special inspectors.
3145 Section 116. Subsection (7) of section 558.002, Florida
3146 Statutes, is amended to read:
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3147 558.002 Definitions.-As used in this chapter, the term:
3148 ( 7) 11
Design professional II means a person, as defined in s.
3149 1.01, who is licensed in this state as an architect, interior
3150 designer, a landscape architect, an engineer, a surveyor, or a
3151 geologist.
3152 Section 117. Subsection (3) of section 559.25, Florida
3153 Statutes, is amended to read:
3154 559.25 Exemptions.-The provisions of this part shall not
3155 apply to or affect the following persons:
3156 (3) Duly licensed auctioneers, selling at auction.
3157 Section 118. Subsection (5) is added to section 823.15,
3158 Florida Statutes, to read:
3159 823.15 Dogs and cats released from animal shelters or
3160 animal control agencies; sterilization requirement.-
3161 (5) Employees, agents, or contractors of a public or
3162 private animal shelter, humane organization, or animal control
3163 agency operated by a humane organization or by a county,
3164 municipality, or other incorporated political subdivision may
3165 implant dogs and cats with radio frequency identification
3166 microchip as part of their work with such public or private
3167 animal shelter, humane organization, or animal control agency.
3168 Section 119. Except as otherwise expressly provided in
3169 this act, this act shall take effect July 1, 2020.
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HB 1193 by Rep. lngoglia
Deregulation of Professions and Occupations
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. lngoglia (Strike-all):
The strike-all amendment:
• Removes provisions from the bill related to auctioneers.
• Removes provisions from the bill related to asbestos abatement professionals.
• Changes provisions in the bill related to interior designers to provide for a voluntary
registration.
• Waives certain requirements to obtain a commercial driver license for military veterans.
• Prohibits local governments from imposing a fee, license, or regulation on food trucks,
except for those related to special events and zoning.
• Revises barber training hours to 900 hours, from 600 hours; and restricted barbers to
600 hours, from 400 hours. (Current law requires 1,200 hours for barbers and 1,000
hours for restricted barbers).
• Revises nail specialist training hours to 180 hours, from 150 hours; facial specialist
training hours to 220 hours, from 165 hours; and full specialists to 400 hours, from 300
hours; and clarifies that these hours for full specialists are aligned with Pell Grant
requirements.
• Clarifies the experience needed for firesafety plans examiners and firesafety inspectors.
• Clarifies what activities qualify as "makeup application."
• Allows certain animal organizations to contact cat and dog owners as reflected on a
microchip scan.
• Clarifies that applicants for a contractor license that hold a building construction
bachelors' degree only have to take the business and finance portion of the licensure
examination.
• Requires certain out-of-state applicants for construction contractor or architect licenses
to complete a 2 hour course on wind mitigation related to the Florida Building Code.
• Requires certain out-of-state applicants for electrical and alarm system contractor
licenses to complete a 2 hour course on the Florida Building Code.
• Revises continuing education hours for electrical contractors to 11 hours, from 7 hours
(Current law requires 14 hours).
• Prohibits the Department of Health from disciplining a professional license when a
licensee defaults on a student loan.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Ingoglia offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6
7 Section 1. This act may be cited as the "Occupational
8 Freedom and Opportunity Act."
9 Section 2. Paragraphs (h) and (k) of subsection (2) of
10 section 287.055, Florida Statutes, are amended to read:
11 287.055 Acquisition of professional architectural,
12 engineering, landscape architectural, or surveying and mapping
13 services; definitions; procedures; contingent fees prohibited;
14 penalties.-
15 (2) DEFINITIONS.-For purposes of this section:
122033 - h1193-strike.docx
Published On: 2/19/2020 6:42:57 PM
Page 1 of 115
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Bill No. HB 1193 (2020)
Amendment No. 1
16 (h) A "design-build firm" means a partnership,
17 corporation, or other legal entity that:
18 1. Is certified under s. 489.119 to engage in contracting
19 through a certified or registered general contractor or a
20 certified or registered building contractor as the qualifying
21 agent; or
22 2. Is qualified certified under s. 471.023 to practice or
23 to offer to practice engineering; qualified certified under s.
24 481.219 to practice or to offer to practice architecture; or
25 qualified certified under s. 481.319 to practice or to offer to
26 practice landscape architecture.
27 (k) A ''design criteria professional" means a firm that is
28 qualified who holds a current certificate of registration under
29 chapter 481 to practice architecture or landscape architecture
30 or a firm who holds a current certificate as a registered
31 engineer under chapter 471 to practice engineering and who is
32 employed by or under contract to the agency for the providing of
33 professional architect services, landscape architect services,
34 or engineering services in connection with the preparation of
35 the design criteria package.
36 Section 3. Subsection (4) of section 322.57, Florida
37 Statutes, is renumbered as subsection (5), and a new subsection
38 (4) is added to that section, to read:
39 322.57 Tests of knowledge concerning specified vehicles;
40 endorsement; nonresidents; violations.-
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41 ( 4) (a) As used in this subsection, the term
42 "servicemember" means a member of any branch of the United
43 States military or military reserves, the United States Coast
44 Guard or its reserves, the Florida National Guard, or the
45 Florida Air National Guard.
46 (b) The department shall waive the requirement to pass the
47 examination for a commercial driver license for servicemembers
48 and veterans if:
49 1. The applicant is a veteran who has been honorably
50 discharged from military service within 1 year before the
51 application.
52 2. The applicant is trained as an Army Motor Transport
53 Operator (MOS 88M) or a similar military specialty.
54 3. The applicant has received training to operate large
55 trucks in compliance with the Federal Motor Carrier Safety
56 Administration.
57 4. The applicant has at least 2 years of experience in the
58 military driving vehicles that would require a commercial driver
59 license to operate.
60 (c) An applicant must complete all other requirements for
61 a commercial driver license within 1 year after receiving a
62 waiver under paragraph (b) or the waiver is invalid.
63 (d) The department shall adopt rules to administer this
64 subsection.
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65 Section 4. Subsection (13) of section 326.004, Florida
66 Statutes, is amended to read:
67 326.004 Licensing.-
68 (13) Each broker must maintain a principal place of
69 business in this state and may establish branch offices in the
70 state. ~ separate license must be maintained for each branch
71 office. The division shall establish by rule a fee not to eJcceed
72 $100 for each branch office license.
73 Section 5. Subsection (3) of section 447.02, Florida
74 Statutes, is amended to read:
75 447.02 Definitions.-The following terms, when used in this
76 chapter, shall have the meanings ascribed to them in this
77 section:
78 (3) The term "department" means the Department of Business
79 and Professional Regulation.
80 Section 6. Section 447.04, Florida Statutes, is repealed.
81 Section 7 . Section 447.041, Florida Statutes, is repealed.
82 Section 8 . Section 447.045, Florida Statutes, is repealed.
83 Section 9. Section 447.06, Florida Statutes, is repealed.
84 Section 10. Subsections (6) and (8) of section 447.09,
85 Florida Statutes, are amended to read:
86 447.09 Right of franchise preserved; penalties.-It shall
87 be unlawful for any person:
88 (6) To act as a business agent without having obtained and
89 possessing a valid and subsisting license or permit.
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90 (8) To make any false statement in an application for a
91 license.
92 Section 11. Section 447.12, Florida Statutes, is repealed.
93 Section 12. Section 447.16, Florida Statutes, is repealed.
94 Section 13. Subsection (4) of section 447.305, Florida
95 Statutes, is amended to read:
96 447.305 Registration of employee organization.-
97 (4) Notification of registrations and renewals of
98 registration shall be furnished at regular intervals by the
99 coffiffiission to the Department of Business and Professional
100 Regulation.
101 Section 14. Subsection (14) is added to section 455.213,
102 Florida Statutes, to read:
103 455.213 General licensing provisions.-
104 (14) The department or a board must enter into a
105 reciprocal licensing agreement with other states if the practice
106 act within the purview of this chapter permits such agreement.
107 If a reciprocal licensing agreement exists or if the department
108 or board has determined another state's licensing requirements
109 or examinations to be substantially similar to those under the
110 practice act, the department or board must post on its website
111 which jurisdictions have such reciprocal licensing agreements or
112 substantially similar licenses.
113 Section 15. Section 455.2278, Florida Statutes, is created
114 to read:
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115 455.2278 Restriction on disciplinary action for student
116 loan default.-
117 (1) DEFINITIONS.-As used in this section, the term:
118 (a) "Default" means the failure to repay a student loan
119 according to the terms agreed to in the promissory note.
120 (b) "Delinquency" means the failure to make a student loan
121 payment when it is due.
122 (c) "Student loan" means a federal-guaranteed or state-
123 guaranteed loan for the purposes of postsecondary education.
124 (d) "Work-conditional scholarship" means an award of
125 financial aid for a student to further his or her education
126 which imposes an obligation on the student to complete certain
127 work-related requirements to receive or to continue receiving
128 the scholarship.
129 (2) STUDENT LOAN DEFAULT; DELINQUENCY.-The department or a
130 board may not suspend or revoke a license that it has issued to
131 any person who is in default on or delinquent in the payment of
132 his or her student loans solely on the basis of such default or
133 delinquency.
134 (3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.-The department
135 or a board may not suspend or revoke a license that it has
136 issued to any person who is in default on the satisfaction of
137 the requirements of his or her work-conditional scholarship
138 solely on the basis of such default.
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139 Section 16. Paragraph (k) of subsection (1) of section
140 456.072, Florida Statutes, is amended to read:
141 456.072 Grounds for discipline; penalties; enforcement.-
142 (1) The following acts shall constitute grounds for which
143 the disciplinary actions specified in subsection (2) may be
144 taken:
145 (k) Failing to perform any statutory or legal obligation
146 placed upon a licensee. For purposes of this section, failing to
147 repay a student loan issued or guaranteed by the state or the
148 Federal Government in accordance with the terms of the loan is
14 9 not or failing to comply with service scholarship obligations
150 shall be considered a failure to perform a statutory or legal
151 obligation, and the minimum disciplinary action imposed shall be
152 a suspension of the license until new payment terms are agreed
153 upon or the scholarship obligation is resumed, followed by
154 probation for the duration of the student loan or remaining
155 scholarship obligation period, and a fine equal to 10 percent of
156 the defaulted loan amount. Fines collected shall be deposited
157 into the Medical Quality Assurance Trust Fund.
158 Section 17. Section 456.0721, Florida Statutes, is
159 repealed.
160 Section 18. Subsection (4) of section 456.074, Florida
161 Statutes, is amended to read:
162 456.074 Certain health care practitioners; immediate
163 suspension of license.-
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164 (4) Upon receipt of information that a Florida licensed
165 health care practitioner has defaulted on a student loan issued
166 or guaranteed by the state or the Federal Government, the
167 department shall notify the licensee by certified mail that he
168 or she shall be subject to iffiffiediate suspension of license
169 unless, within 45 days after the date of mailing, the licensee
170 provides proof that new payment terms have been agreed upon by
171 all parties to the loan. The department shall issue an emergency
172 order suspending the license of any licensee who, after 45 days
173 following the date of mailing from the department, has failed to
174 provide such proof. Production of such proof shall not prohibit
175 the department from proceeding with disciplinary action against
17 6 the licensee pursuant to s. 456.073.
177 Section 19. Section 468.401, Florida Statutes, is amended
178 to read:
179 468.401 Regulation of Talent agencies; definitions.-As
180 used in this part, the term or any rule adopted pursuant hereto:
181 (1)-f-&t "Artist" means a person performing on the
182 professional stage or in the production of television, radio, or
183 motion pictures; a musician or group of musicians; or a model.
184 (2)-f+-t- "Buyer" or "employer" means a person, company,
185 partnership, or corporation that uses the services of a talent
186 agency to provide artists.
187 (3) "Compensation" means any one or more of the following:
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188 (a) Any money or other valuable consideration paid or
189 promised to be paid for services rendered by any person
190 conducting the business of a talent agency under this part;
191 (b) Any money received by any person in excess of that
192 which has been paid out by such person for transportation,
193 transfer of baggage, or board and lodging for any applicant for
194 employment; or
195 (c) The difference between the amount of money received by
196 any person who furnishes employees, performers, or entertainers
197 for circus, vaudeville, theatrical, or other entertainments,
198 exhibitions, engagements, or performances and the amount paid by
199 him or her to such employee, performer, or entertainer.
200 (4) "Engagement" means any employment or placement of an
201 artist, where the artist performs in his or her artistic
202 capacity. However, the term "engagement" shall not apply to
203 procuring opera, music, theater, or dance engagements for any
204 organization defined ins. 501(c) (3) of the Internal Revenue
205 Code or any nonprofit Florida arts organization that has
206 received a grant from the Division of Cultural Affairs of the
207 Department of State or has participated in the state touring
208 program of the Division of Cultural Affairs.
209 (5) "Department" means the Department of Business and
210 Professional Regulation.
211 ill-f-6+ "Operator" means the person who is or who will be
212 in actual charge of a talent agency.
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213 (6)~ "Owner" means any partner in a partnership, member
214 of a firm, or principal officer or officers of a corporation,
215 whose partnership, firm, or corporation owns a talent agency, or
216 any individual who is the sole owner of a talent agency.
217 fil-f-9-t "Person" means any individual, company, society,
218 firm, partnership, association, corporation, manager, or any
219 agent or employee of any of the foregoing.
220 (10) "License" means a license issued by the Department of
221 Business and Professional Regulation to carry on the business of
222 a talent agency under this part.
223 (11) "Licensee" means a talent agency which holds a valid
224 unrevoked and unforfeited license issued under this part.
225 (8)+1:-t "Talent agency" means any person who, for
226 compensation, engages in the occupation or business of procuring
227 or attempting to procure engagements for an artist.
228 Section 20. Section 468.402, Florida Statutes, is
229 repealed.
230 Section 21. Section 468.403, Florida Statutes, is
231 repealed.
232 Section 22. Section 468.404, Florida Statutes, is
233 repealed.
234 Section 23. Section 468.405, Florida Statutes, is
235 repealed.
236 Section 24. Subsection (1) of section 468.406, Florida
237 Statutes, is amended to read:
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238 468.406 Fees to be charged by talent agencies; rates;
239 display.-
240 (1) Each owner or operator of a talent agency shall post
241 in a conspicuous place in each place of business of the agency
242 applicant for a license shall file with the application an
243 itemized schedule of maximum fees, charges, and commissions that
244 which it intends to charge and collect for -i-t-s- services. The
245 ~ schedule may thereafter be raised only by filing with the
246 department an amended or supplemental schedule at least 30 days
247 before the change is to become effective. The schedule shall be
248 posted in a conspicuous place in each place of business of the
249 agency and shall be printed in not less than a 30-point
250 boldfaced type, except that an agency that uses written
251 contracts containing maximum fee schedules need not post such
252 schedules.
253 Section 25. Section 468.407, Florida Statutes, is
254 repealed.
255 Section 26. Subsection (1) of section 468.408, Florida
256 Statutes, is amended to read:
257 468.408 Bond required.-
258 (1) An owner or operator of a There shall be filed with
259 the department for each talent agency shall obtain license a
260 bond in the form of a surety by a reputable company engaged in
261 the bonding business and authorized to do business in this
262 state. The bond shall be for the penal sum of $5,000, with one
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263 or more sureties to be approved by the department, and be
264 conditioned that the owner or operator of the talent agency
265 applicant conform to and not violate any of the duties, terms,
266 conditions, provisions, or requirements of this part. Such bond
267 may not be issued or renewed by the bonding agency unless each
268 owner or operator of a talent agency submits fingerprints to the
269 Department of Law Enforcement for a state criminal history
270 record check and to the Federal Bureau of Investigation for a
271 national criminal history record check, and the bonding agency
272 verifies by examination of the criminal history records checks
273 that each owner or operator has not been convicted of a crime
274 that would require registration as a sexual offender, as
275 required ins. 943.0435 ors. 944.607, or as a sexual predator,
276 as required under s. 775.21.
277 (a) If any person is aggrieved by the misconduct of any
278 talent agency, the person may maintain an action in his or her
279 own name upon the bond of the agency in any court having
280 jurisdiction of the amount claimed. All such claims shall be
281 assignable, and the assignee shall be entitled to the same
282 remedies, upon the bond of the agency or otherwise, as the
283 person aggrieved would have been entitled to if such claim had
284 not been assigned. Any claim or claims so assigned may be
285 enforced in the name of such assignee.
286 (b) The bonding company shall notify the talent agency
287 department of any claim against such bond, and a copy of such
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288 notice shall be sent to the talent agency against which the
289 claim is made.
290 Section 27. Section 468.409, Florida Statutes, is amended
291 to read:
292 468.409 Records required to be kept.-Each talent agency
293 shall keep on file the application, registration, or contract of
294 each artist. In addition, such file must include the name and
295 address of each artist, the amount of the compensation received,
296 and all attempts to procure engagements for the artist. No such
297 agency or employee thereof shall knowingly make any false entry
298 in applicant files or receipt files. Each card or document in
299 such files shall be preserved for a period of 1 year after the
300 date of the last entry thereon. Records required under this
301 section shall be readily available for inspection by the
302 department during reasonable business hours at the talent
303 agency's principal office. A talent agency must provide the
304 department with true copies of the records in the manner
305 prescribed by the department.
306 Section 28. Subsection (3) of section 468.410, Florida
307 Statutes, is amended to read:
308 468.410 Prohibition against registration fees; referral.-
309 (3) A talent agency shall give each applicant a copy of a
310 contract, within 24 hours after the contract's execution, which
311 lists the services to be provided and the fees to be charged.
312 The contract shall state that the talent agency is regulated by
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Amendment No. 1
313 the department and shall list the address and telephone number
314 of the department.
315 Section 29. Subsections (4) through (11) of section
316 468.412, Florida Statutes, are renumbered as subsections (3)
317 through (10), respectively, and present subsections (2), (3),
318 (4), (6), and (11) of that section are amended, to read:
319 468.412 Talent agency regulations; prohibited acts.-·
320 (2) Each talent agency shall keep records in which shall
321 be entered:
322 (a) The name and address of each artist employing such
323 talent agency~i-
324 (b) The amount of fees received from each such artist.-r
325 (c) The employment in which each such artist is engaged at
326 the time of employing such talent agency and the amount of
327 compensation of the artist in such employment, if any, and the
328 employments subsequently secured by such artist during the term
329 of the contract between the artist and the talent agency and the
330 amount of compensation received by the artist pursuant thereto.-r
331 a-oo
332 (d) Other information which the department may require
333 from time to time.
334 (3) All books, records, and other papers kept pursuant to
335 this act by any talent agency shall be open at all reasonable
336 hours to the inspection of the department and its agents. Each
337 talent agency shall furnish to the department, upon request, a
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338 true copy of such books, records, and papers, or any portion
339 thereof, and shall make such reports as the department may
340 prescribe from time to time.
341 (3)-f-4+ Each talent agency shall post in a conspicuous
342 place in the office of such talent agency a printed copy of this
343 part and of the rules adopted under this part. Such copies shall
344 also contain the name and address of the officer charged with
345 enforcing this part. The department shall furnish to talent
346 agencies printed copies of any statute or rule required to be
347 posted under this subsection.
348 (5)-fe+- A Ne talent agency may not publish or cause to be
349 published any false, fraudulent, or misleading information,
350 representation, notice, or advertisement. All advertisements of
351 a talent agency by means of card, circulars, or signs, and in
352 newspapers and other publications, and all letterheads,
353 receipts, and blanks shall be printed and contain the licensed
354 name, department license number, and address of the talent
355 agency and the words "talent agency."!::_ Ne talent agency may not
356 give any false information or make any false promises or
357 representations concerning an engagement or employment to any
358 applicant who applies for an engagement or employment.
359 JlQl-f-l-±+ A talent agency may assign an engagement contract
360 to another talent agency licensed in this state only if the
361 artist agrees in writing to the assignment. The assignment must
362 occur, and written notice of the assignment must be given to the
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363 artist, within 30 days after the artist agrees in writing to the
364 assignment.
365 Section 30. Section 468.413, Florida Statutes, is amended
366 to read:
367 468.413 Legal requirements; penalties.-
368 (1) Each of the following acts constitutes a felony of the
369 third degree, punishable as provided ins. 775.082, s. 775.083,
370 ors. 775.084:
371 (a) Owning or operating, or soliciting business as, a
372 talent agency in this state without first procuring a license
373 from the department.
374 (b) Obtaining or attempting to obtain a license by means
375 of fraud, misrepresentation, or concealment.
376 (1)+2-+- Each of the following acts constitutes a
377 misdemeanor of the second degree, punishable as provided ins.
378 775.082 ors. 775.083:
379 (a) Relocating a business as a talent agency, or operating
380 under any name other than that designated on the license, unless
381 written notification is given to the department and to the
382 surety or sureties on the original bond, and unless the license
383 is returned to the department for the recording thereon of such
384 changes.
385 (b) Assigning or attempting to assign a license issued
386 under this part.
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387 (c) Failing to show on a license application whether or
388 not the agency or any owner of the agency is financially
389 interested in any other business of like nature and, if so,
390 failing to specify such interest or interests.
391 ___@J_-fat Failing to maintain the records required bys.
392 468.409 or knowingly making false entries in such records.
393 l..!2..l_+e+- Requiring as a condition to registering or
394 obtaining employment or placement for any applicant that the
395 applicant subscribe to, purchase, or attend any publication,
396 postcard service, advertisement, resume service, photography
397 service, school, acting school, workshop, or acting workshop.
398 ~-f+t- Failing to give each applicant a copy of a contract
399 which lists the services to be provided and the fees to be
400 charged by, which states that the talent agency is regulated by
401 the department, and which lists the address and telephone number
402 of the department.
403 lil_~ Failing to maintain a record sheet as required by
404 s. 468.412(1).
405 ~-BB- Knowingly sending or causing to be sent any artist
406 to a prospective employer or place of business, the character or
407 operation of which employer or place of business the talent
408 agency knows to be in violation of the laws of the United States
409 or of this state.
410 (3) The court may, in addition to other punishment
411 provided for in subsection (2), suspend or revoke the license of
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412 any licensee under this part who has been found guilty of any
413 misdemeanor listed in subsection (2).
414 (2)-f-4+ In the event that the department or any state
415 attorney shall have probable cause to believe that a talent
416 agency or other person has violated any provision of subsection
417 (1), an action may be brought by the department or any state
418 attorney to enjoin such talent agency or any person from
419 continuing such violation, or engaging therein or doing any acts
420 in furtherance thereof, and for such other relief as to the
421 court seems appropriate. In addition to this remedy, the
422 department may assess a penalty against any talent agency or any
423 person in an amount not to exceed $5,000.
424 Section 31. Section 468.414, Florida Statutes, is
425 repealed.
426 Section 32. Section 468.415, Florida Statutes, is amended
427 to read:
428 468.415 Sexual misconduct in the operation of a talent
429 agency.-The talent agent-artist relationship is founded on
430 mutual trust. Sexual misconduct in the operation of a talent
431 agency means violation of the talent agent-artist relationship
432 through which the talent agent uses the relationship to induce
433 or attempt to induce the artist to engage or attempt to engage
434 in sexual activity. Sexual misconduct is prohibited in the
435 operation of a talent agency.~ Any agent, owner, or operator
436 of a licensed talent agency who commits is found to have
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437 coffifflitted sexual misconduct in the operation of a talent agency7
438 the agency license shall be permanently revoked. Such agent,
439 owner, or operator shall be permanently prohibited from acting
440 disqualified from present and future licensure as an agent,
441 owner~ or operator of a Florida talent agency.
442 Section 33. Paragraph (n) is added to subsection (1) of
443 section 468.505, Florida Statutes, to read:
444 468.505 Exemptions; exceptions.-
445 (1) Nothing in This part may not be construed as
446 prohibiting or restricting the practice, services, or activities
447 of:
448 (n) A person who provides information, recommendations, or
449 advice concerning nutrition, or who markets food, food
450 materials, or dietary supplements for remuneration, if that
451 person does not represent himself or herself as a dietitian,
452 licensed dietitian, registered dietitian, licensed nutritionist,
453 nutrition counselor, or licensed nutrition counselor, or use any
454 word, letter, symbol, or insignia indicating or implying that he
455 or she is a dietitian, nutritionist, or nutrition counselor.
456 Section 34. Subsection (4) of section 468.524, Florida
457 Statutes, is amended to read:
458 468.524 Application for license.-
459 (4) ~ ~n applicant or licensee is ineligible to reapply
460 for a license for a period of 1 year following final agency
461 action on the denial or revocation of a license applied for or
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462 issued under this part. This time restriction does not apply to
463 administrative denials or revocations entered because:
4 64 (a) The applicant or licensee has made an inadvertent
465 error or omission on the application;
466 (b) The experience documented to the board was
467 insufficient at the time of the previous application; or
468 (c) The department is unable to complete the criminal
469 background investigation because of insufficient information
470 from the Florida Department of Law Enforcement, the Federal
471 Bureau of Investigation, or any other applicable law enforcement
472 agency;
473 (c)+e+ The applicant or licensee has failed to submit
474 required fees.-t----e-r-
475 (e) An applicant or licensed employee leasing company has
476 been deemed ineligible for a license because of the lack of good
477 moral character of an individual or individuals when such
478 individual or individuals are no longer employed in a capacity
479 that would require their licensing under this part.
480 Section 35. Paragraph (f) of subsection (5) of section
481 468.603, Florida Statutes, is amended to read:
482 468.603 Definitions.-As used in this part:
483 (5) "Categories of building code inspectors" include the
484 following:
485 (f) "Residential One and two family dwelling inspector"
486 means a person who is qualified to inspect and determine that
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487 one-family, two-family, or three-family residences not exceeding
488 two habitable stories above no more than one uninhabitable story
489 and accessory use structures in connection therewith one and two
490 family dwellings and accessory structures are constructed in
491 accordance with the provisions of the governing building,
492 plumbing, mechanical, accessibility, and electrical codes.
493 Section 36. Paragraph (c) of subsection (2) and paragraph
494 (a) of subsection (7) of section 468.609, Florida Statutes, are
495 amended to read:
496 468.609 Administration of this part; standards for
497 certification; additional categories of certification.-
498 (2) A person may take the examination for certification as
499 a building code inspector or plans examiner pursuant to this
500 part if the person:
501 (c) Meets eligibility requirements according to one of the
502 following criteria:
503 1. Demonstrates i ~ years' combined experience in the
504 field of construction or a related field, building code
505 inspection, or plans review corresponding to the certification
506 category sought;
507 2. Demonstrates a combination of postsecondary education
508 in the field of construction or a related field and experience
509 which totals} 4 years, with at least 1 year of such total being
510 experience in construction, building code inspection, or plans
511 review;
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512 3. Demonstrates a combination of technical education in
513 the field of construction or a related field and experience
514 which totals l 4 years, with at least 1 year of such total being
515 experience in construction, building code inspection, or plans
516 review;
517 4. Currently holds a standard certificate issued by the
518 board or a firesafety inspector license issued pursuant to
519 chapter 633, with fta-6- a minimum of 3 years' verifiable full-time
520 experience in firesafety inspection or firesafety plan review,
521 and has satisfactorily completed a building code inspector or
522 plans examiner training program that provides at least 100 hours
523 but not more than 200 hours of cross-training in the
524 certification category sought. The board shall establish by rule
525 criteria for the development and implementation of the training
526 programs. The board shall accept all classroom training offered
527 by an approved provider if the content substantially meets the
528 intent of the classroom component of the training program;
529 5. Demonstrates a combination of the completion of an
530 approved training program in the field of building code
531 inspection or plan review and a minimum of 2 years' experience
532 in the field of building code inspection, plan review, fire code
533 inspections and fire plans review of new buildings as a
534 firesafety inspector certified under s. 633.216, or
535 construction. The approved training portion of this requirement
536 shall include proof of satisfactory completion of a training
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537 program that provides at least 200 hours but not more than 300
538 hours of cross-training that is approved by the board in the
539 chosen category of building code inspection or plan review in
540 the certification category sought with at least 20 hours but not
541 more than 30 hours of instruction in state laws, rules, and
542 ethics relating to professional standards of practice, duties,
543 and responsibilities of a certificateholder. The board shall
544 coordinate with the Building Officials Association of Florida,
545 Inc., to establish by rule the development and implementation of
546 the training program. However, the board shall accept all
547 classroom training offered by an approved provider if the
548 content substantially meets the intent of the classroom
549 component of the training program;
550 6. Currently holds a standard certificate issued by the
551 board or a firesafety inspector license issued pursuant to
552 chapter 633 and:
553 a. Has at least i ~ years' verifiable full-time experience
554 as an inspector or plans examiner in a standard certification
555 category currently held or has a minimum of 4 ~ years'
556 verifiable full-time experience as a firesafety inspector
557 licensed pursuant to chapter 633.
558 b. Has satisfactorily completed a building code inspector
559 or plans examiner classroom training course or program that
560 provides at least 200 but not more than 300 hours in the
561 certification category sought, except for one-family and two-
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562 family dwelling training programs, which must provide at least
563 500 but not more than 800 hours of training as prescribed by the
564 board. The board shall establish by rule criteria for the
565 development and implementation of classroom training courses and
566 programs in each certification category; or
567 7.a. Has completed a 4-year internship certification
568 program as a building code inspector or plans examiner while
569 employed full-time by a municipality, county, or other
570 governmental jurisdiction, under the direct supervision of a
571 certified building official. Proof of graduation with a related
572 vocational degree or college degree or of verifiable work
573 experience may be exchanged for the internship experience
574 requirement year-for-year, but may reduce the requirement to no
575 less than 1 year.
576 b. Has passed an examination administered by the
577 International Code Council in the certification category sought.
578 Such examination must be passed before beginning the internship
579 certification program.
580 c. Has passed the principles and practice examination
581 before completing the internship certification program.
582 d. Has passed a board-approved 40-hour code training
583 course in the certification category sought before completing
584 the internship certification program.
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585 e. Has obtained a favorable recommendation from the
586 supervising building official after completion of the internship
587 certification program.
588 (7) (a) The board shall provide for the issuance of
589 provisional certificates valid for 2 years 1 year, as specified
590 by board rule, to any building code inspector or plans examiner
591 who meets the eligibility requirements described in subsection
592 (2) and any newly employed or promoted building code
593 administrator who meets the eligibility requirements described
594 in subsection (3). The provisional license may be renewed by the
595 board for just cause; however, a provisional license is not
596 valid for longer than 3 years.
597 Section 37. Section 468.613, Florida Statutes, is amended
598 to read:
599 468.613 Certification by endorsement.-The board shall
600 examine other certification or training programs, as applicable,
601 upon submission to the board for its consideration of an
602 application for certification by endorsement. The board shall
603 waive its examination, qualification, education, or training
604 requirements, to the extent that such examination,
605 qualification, education, or training requirements of the
606 applicant are determined by the board to be comparable with
607 those established by the board. The board shall waive its
608 examination, qualification, education, or training requirements
609 if an applicant for certification by endorsement is at least 18
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610 years of age; is of good moral character; has held a valid
611 building administrator, inspector, plans examiner, or the
612 equivalent, certification issued by another state or territory
613 of the United States for at least 10 years before the date of
614 application; and has successfully passed an applicable
615 examination administered by the International Codes Council.
616 Such application must be submitted to the board while the
617 applicant holds a valid license in another state or territory or
618 within 2 years after the expiration of such license.
619 Section 38. Subsection (3) of section 468.8314, Florida
620 Statutes, is amended to read:
621 468.8314 Licensure.-
622 (3) The department shall certify as qualified for a
623 license by endorsement an applicant who is of good moral
624 character as determined ins. 468.8313, who maintains an
625 insurance policy as required bys. 468.8322, and who:7
62 6 (a) Holds a valid license to practice home inspection
627 services in another state or territory of the United States,
628 whose educational requirements are substantially equivalent to
629 those required by this part; and has passed a national,
630 regional, state, or territorial licensing examination that is
631 substantially equivalent to the examination required by this
632 part; or
633 (b) Has held a valid license to practice home inspection
634 services issued by another state or territory of the United
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635 States for at least 10 years before the date of application.
636 Such application must be submitted to the department while the
637 applicant holds a valid license in another state or territory or
638 within 2 years after the expiration of such license.
639 Section 39. Subsection (5) of section 471.015, Florida
640 Statutes, is amended to read:
641 471.015 Licensure.-
642 (5) (a) The board shall deem that an applicant who seeks
643 licensure by endorsement has passed an examination substantially
644 equivalent to the fundamentals examination when such applicant
645 has held a valid professional engineer's license in another
646 state for !Q ±.§. years and has had 20 years of continuous
647 professional level engineering experience.
648 (b) The board shall deem that an applicant who seeks
649 licensure by endorsement has passed an examination substantially
650 equivalent to the fundamentals examination and the principles
651 and practices examination when such applicant has held a valid
652 professional engineer's license in another state for 15 ~ years
653 and has had 30 years of continuous professional level
654 engineering eJcperience.
655 Section 40. Subsection (7) of section 473.308, Florida
656 Statutes, is amended to read:
657 473.308 Licensure.-
658 (7) The board shall certify as qualified for a license by
659 endorsement an applicant who:
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660 (a)+;- Is not licensed and has not been licensed in another
661 state or territory and who has met the requirements of this
662 section for education, work experience, and good moral character
663 and has passed a national, regional, state, or territorial
664 licensing examination that is substantially equivalent to the
665 examination required bys. 473.306; or aftEi
666 2. Has completed such continuing education courses as the
667 board deems appropriate, within the limits for each applicable
668 2 year period as set forth ins. 473.312, but at least such
669 courses as are equivalent to the continuing education
670 requirements for a Florida certified public accountant licensed
671 in this state during the 2 years immediately preceding her or
672 his application for licensure by endorsement; or
673 (b)l.a-. Holds a valid license to practice public
674 accounting issued by another state or territory of the United
675 States, if the criteria for issuance of such license were
67 6 substantially equivalent to the licensure criteria that existed
677 in this state at the time the license was issued;
678 2.B-;- Holds a valid license to practice public accounting
679 issued by another state or territory of the United States but
680 the criteria for issuance of such license did not meet the
681 requirements of subparagraph 1. sub subparagraph a.; has met the
682 requirements of this section for education, work experience, and
683 good moral character; and has passed a national, regional,
684 state, or territorial licensing examination that is
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685 substantially equivalent to the examination required bys.
686 473.306; or
687 3.e-.-- Holds a valid license to practice public accounting
688 issued by another state or territory of the United States for at
689 least 10 years before the date of application; has passed a
690 national, regional, state, or territorial licensing examination
691 that is substantially equivalent to the examination required by
692 s. 473.306; and has met the requirements of this section for
693 good moral character.; and
694 2. Has completed continuing education courses that are
695 equivalent to the continuing education requirements for a
696 Florida certified public accountant licensed in this state
697 during the 2 years immediately preceding her or his application
698 for licensure by endorsement.
699 Section 41. Subsection (6) of section 474.202, Florida
700 Statutes, is amended to read:
701 474.202 Definitions.-As used in this chapter:
702 (6) "Limited-service veterinary medical practice" means
703 offering or providing veterinary services at any location that
704 has a primary purpose other than that of providing veterinary
705 medical service at a permanent or mobile establishment permitted
706 by the board; provides veterinary medical services for privately
707 owned animals that do not reside at that location; operates for
708 a limited time; and provides limited types of veterinary medical
709 services, including vaccinations or immunizations against
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710 disease, preventative procedures for parasitic control, and
711 microchip implantation.
712 Section 42. Subsection (9) is added to section 474.203,
713 Florida Statutes, to read:
714 474.203 Exemptions.-This chapter does not apply to:
715 (9) An employee, agent, or contractor of a public or
716 private animal shelter, humane organization, or animal control
717 agency operated by a humane organization or by a county,
718 municipality, or other incorporated political subdivision whose
719 work is confined solely to the implantation of a radio frequency
720 identification device microchip for dogs and cats in accordance
721 withs. 823.15.
722
723 For the purposes of chapters 465 and 893, persons exempt
724 pursuant to subsection (1), subsection (2), or subsection (4)
725 are deemed to be duly licensed practitioners authorized by the
726 laws of this state to prescribe drugs or medicinal supplies.
727 Section 43. Paragraph (b) of subsection (2) of section
728 474.207, Florida Statutes, is amended to read:
729 474.207 Licensure by examination.-
730 (2) The department shall license each applicant who the
731 board certifies has:
732 (b)l. Graduated from a college of veterinary medicine
733 accredited by the American Veterinary Medical Association
734 Council on Education; or
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735 2. Graduated from a college of veterinary medicine listed
736 in the American Veterinary Medical Association Roster of
737 Veterinary Colleges of the World and obtained a certificate from
738 the Education Commission for Foreign Veterinary Graduates or the
739 Program for the Assessment of Veterinary Education Equivalence.
740
741 The department shall not issue a license to any applicant who is
742 under investigation in any state or territory of the United
743 States or in the District of Columbia for an act which would
744 constitute a violation of this chapter until the investigation
745 is complete and disciplinary proceedings have been terminated,
746 at which time the provisions of s. 474.214 shall apply.
747 Section 44. Subsection (1) of section 474.217, Florida
748 Statutes, is amended to read:
749 474.217 Licensure by endorsement.-
750 (1) The department shall issue a license by endorsement to
751 any applicant who, upon applying to the department and remitting
752 a fee set by the board, demonstrates to the board that she or
753 he:
754 (a) Has demonstrated, in a manner designated by rule of
755 the board, knowledge of the laws and rules governing the
756 practice of veterinary medicine in this state; and
757 (b)l. Either Holds, and has held for the 3 years
758 immediately preceding the application for licensure, a valid,
759 active license to practice veterinary medicine in another state
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760 of the United States, the District of Columbia, or a territory
761 of the United States, provided that the applicant has
762 successfully completed a state, regional, national, or other
763 examination that is equivalent to or more stringent than the
764 examination required by the board requirements for licensure in
765 the issuing state, district, or territory are equivalent to or
766 more stringent than the requirements of this chapter; or
767 2. Meets the qualifications of s. 474.207(2) (b) and has
7 68 successfully completed a state, regional, national, or other
769 examination which is equivalent to or more stringent than the
770 examination given by the department and has passed the board's
771 clinical competency examination or another clinical competency
772 examination specified by rule of the board.
773 Section 45. Effective January 1, 2021, subsection (2) of
774 section 476.114, Florida Statutes, is amended to read:
775 476.114 Examination; prerequisites.-
776 (2) An applicant shall be eligible for licensure by
777 examination to practice barbering if the applicant:
778 (a) Is at least 16 years of age;
779 (b) Pays the required application fee; and
780 (c)l. Holds an active valid license to practice barbering
781 in another state, has held the license for at least 1 year, and
782 does not qualify for licensure by endorsement as provided for in
783 s. 476.144(5); or
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784 2. Has received a minimum of 900 1,200 hours of training
785 in sanitation, safety, and laws and rules, as established by the
786 board, which shall include, but shall not be limited to, the
787 equivalent of completion of services directly related to the
788 practice of barbering at one of the following:
789 a. A school of barbering licensed pursuant to chapter
790 1005;
791 b. A barbering program within the public school system; or
7 92 c. A government-operated barbering program in this state.
793
7 94 The board shall establish by rule procedures whereby the school
795 or program may certify that a person is qualified to take the
796 required examination after the completion of a minimum of 600
797 1,000 actual school hours. If the person passes the examination,
798 she or he shall have satisfied this requirement; but if the
799 person fails the examination, she or he shall not be qualified
800 to take the examination again until the completion of the full
801 requirements provided by this section.
802 Section 46. Subsection (5) of section 476.144, Florida
803 Statutes, is amended to read:
804 476.144 Licensure.-
805 (5) The board shall certify as qualified for licensure by
806 endorsement as a barber in this state an applicant who holds a
807 current active license to practice barbering in another state.
808 The board shall adopt rules specifying procedures for the
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809 licensure by endorsement of practitioners desiring to be
810 licensed in this state who hold a current active license in
811 another state or country and who have met qualifications
812 substantially similar to, equivalent to, or greater than the
813 qualifications required of applicants from this state.
814 Section 47. Subsection (9) of section 477.013, Florida
815 Statutes, is amended to read:
816 477.013 Definitions.-As used in this chapter:
817 (9) "Hair braiding" means the weaving or interweaving of
818 natural human hair or commercial hair, including the use of hair
819 extensions or wefts, for compensation without cutting, coloring,
820 permanent waving, relaxing, removing, or chemical treatment afiEi
821 does not include the use of hair extensions or wefts.
822 Section 48. Section 477.0132, Florida Statutes, is
823 repealed.
824 Section 49. Subsections (7) through (11) are added to
825 section 477.0135, Florida Statutes, to read:
826 477.0135 Exemptions.-
827 (7) A license or registration is not required for a person
828 whose occupation or practice is confined solely to hair braiding
829 as defined ins. 477.013(9).
830 (8) A license or registration is not required for a person
831 whose occupation or practice is confined solely to hair wrapping
832 as defined ins. 477.013(10).
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833 (9) A license or registration is not required for a person
834 whose occupation or practice is confined solely to body wrapping
835 as defined ins. 477.013(12).
836 (10) A license or registration is not required for a
837 person whose occupation or practice is confined solely to
838 applying polish to fingernails and toenails.
839 (11) A license or registration is not required for a
840 person whose occupation or practice is confined solely to makeup
841 application, which includes, but is not limited to, application
842 of makeup primer, face paint, lipstick, eyeliner, eye shadow,
843 foundation, rouge or cheek color, mascara, strip lashes,
844 individual lashes, face powder, corrective stick, and makeup
845 remover; but does not include manual or chemical exfoliation,
846 semi-permanent lash application, lash or brow tinting, or hair
847 removal.
848 Section 50. Subsections (6) and (7) of section 477.019,
849 Florida Statutes, are amended to read:
850 477.019 Cosmetologists; qualifications; licensure;
851 supervised practice; license renewal; endorsement; continuing
852 education.-
853 (6) The board shall certify as qualified for licensure by
854 endorsement as a cosmetologist in this state an applicant who
855 holds a current active license to practice cosmetology in
856 another state. The board may not require proof of educational
857 hours if the license was issued in a state that requires 1,200
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858 or more hours of prelicensure education and passage of a written
859 examination. This subsection does not apply to applicants who
860 received their license in another state through an
861 apprenticeship program.
862 ( 7) (a) The board shall prescribe by rule continuing
863 education requirements intended to ensure protection of the
864 public through updated training of licensees and registered
865 specialists, not to exceed lQ ±-6- hours biennially, as a
866 condition for renewal of a license or registration as a
8 67 specialist under this chapter. Continuing education courses
8 68 shall include, but not be limited to, the following subjects as
869 they relate to the practice of cosmetology: human
870 immunodeficiency virus and acquired immune deficiency syndrome;
871 Occupational Safety and Health Administration regulations;
872 workers' compensation issues; state and federal laws and rules
873 as they pertain to cosmetologists, cosmetology, salons,
874 specialists, specialty salons, and booth renters; chemical
875 makeup as it pertains to hair, skin, and nails; and
876 environmental issues. Courses given at cosmetology conferences
877 may be counted toward the number of continuing education hours
878 required if approved by the board.
879 (b) Any person whose occupation or practice is confined
880 solely to hair braiding, hair wrapping, or body wrapping is
881 e}cempt from the continuing education requirements of this
882 subsection.
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883 (b)-te+ The board may, by rule, require any licensee in
884 violation of a continuing education requirement to take a
885 refresher course or refresher course and examination in addition
886 to any other penalty. The number of hours for the refresher
887 course may not exceed 48 hours.
888 Section 51. Effective January 1, 2021, subsection (1) of
889 section 477.0201, Florida Statutes, is amended to read:
890 477.0201 Specialty registration; qualifications;
891 registration renewal; endorsement.-
892 (1) Any person is qualified for registration as a
893 specialist in any one or more of the specialty practice
894 practices within the practice of cosmetology under this chapter
895 who:
896 (a) Is at least 16 years of age or has received a high
897 school diploma.
898 (b) Has received a certificate of completion for: in a
899 1. 180 hours of training, as established by the board,
900 which shall focus primarily on sanitation and safety, to
901 practice specialties as defined ins. 477.013(6) (a) and (b);
902 specialty pursuant to s. 477.013(6)
903 2. 220 hours of training, as established by the board,
904 which shall focus primarily on sanitation and safety, to
905 practice the specialty as defined ins. 477.013(6) (c); or
906 3. 400 hours of training or the number of hours of
907 training required to maintain minimum Pell Grant requirements,
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908 as established by the board, which shall focus primarily on
909 sanitation and safety, to practice the specialties as defined in
910 s. 477.013(6) (a)-(c).
911 (c) The certificate of completion specified in paragraph
912 (b) must be from one of the following:
913 1. A school licensed pursuant to s. 477.023.
914 2. A school licensed pursuant to chapter 1005 or the
915 equivalent licensing authority of another state.
916 3. A specialty program within the public school system.
917 4. A specialty division within the Cosmetology Division of
918 the Florida School for the Deaf and the Blind, provided the
919 training programs comply with minimum curriculum requirements
920 established by the board.
921 Section 52. Paragraph (f) of subsection (1) of section
922 477.026, Florida Statutes, is amended to read:
923 477.026 Fees; disposition.-
924 (1) The board shall set fees according to the following
925 schedule:
926 (f) For hair braiders, hair wrappers, and body wrappers,
927 fees for registration shall not exceed $25.
928 Section 53. Subsection (4) of section 477.0263, Florida
929 Statutes, is amended, and subsection (5) is added to that
930 section, to read:
931 477.0263 Cosmetology services to be performed in licensed
932 salon; exceptions.-
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933 ( 4) Pursuant to rules adopted by the board, any
934 cosmetology or specialty service may be performed in a location
935 other than a licensed salon when the service is performed in
936 connection with a special event and is performed by a person WB-e
937 is employed by a licensed salon and who holds the proper license
938 or specialty registration. An appointment for the performance of
939 any such service in a location other than a licensed salon must
940 be made through a licensed salon.
941 (5) Any person who holds the proper license may perform
942 hair shampooing, hair cutting, hair arranging, nail polish
943 removal, nail filing, nail buffing, and nail cleansing services
944 in a location other than a licensed salon.
945 Section 54. Paragraph (f) of subsection (1) of section
946 477.0265, Florida Statutes, is amended to read:
947 477.0265 Prohibited acts.-
948 (1) It is unlawful for any person to:
949 (f) Advertise or imply that skin care services or body
950 wrapping, as performed under this chapter, have any relationship
951 to the practice of massage therapy as defined ins. 480.033(3),
952 except those practices or activities defined ins. 477.013.
953 Section 55. Paragraph (a) of subsection (1) of section
954 477.029, Florida Statutes, is amended to read:
955 477.029 Penalty.-
956 (1) It is unlawful for any person to:
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957 (a) Hold himself or herself out as a cosmetologist orT
958 specialist, hair wrapper, hair braider, or body wrapper unless
959 duly licensed or registered, or otherwise authorized, as
960 provided in this chapter.
961 Section 56. Section 481.201, Florida Statutes, is amended
962 to read:
963 481.201 Purpose.-The primary legislative purpose for
964 enacting this part is to ensure that every architect practicing
965 in this state meets minimum requirements for safe practice. It
966 is the legislative intent that architects who fall below minimum
967 competency or who otherwise present a danger to the public shall
968 be prohibited from practicing in this state. The Legislature
969 further finds that it is in the interest of the public to limit
970 the practice of interior design to interior designers or
971 architects who have the design education and training required
972 by this part or to persons who are exempted from the provisions
973 of this part.
974 Section 57. Section 481.203, Florida Statutes, is amended
975 to read:
976 481.203 Definitions.-As used in this part, the term:
977 fil-f-3+ "Architect" or "registered architect" means a
978 natural person who is licensed under this part to engage in the
979 practice of architecture.
980 fil-f-6+- "Architecture" means the rendering or offering to
981 render services in connection with the design and construction
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982 of a structure or group of structures which have as their
983 principal purpose human habitation or use, and the utilization
984 of space within and surrounding such structures. These services
985 include planning, providing preliminary study designs, drawings
986 and specifications, job-site inspection, and administration of
987 construction contracts.
988 (3)-f# "Board" means the Board of Architecture and
989 Interior Design.
990 (4) "Business organization" means a partnership, a limited
991 liability company, a corporation, or an individual operating
992 under a fictitious name.
993 (5) "Certificate of authorization" means a certificate
994 issued by the department to a corporation or partnership to
995 practice architecture or interior design.
996 ill-f-4+ "Certificate of registration" means a license
997 issued by the department to a natural person to engage in the
998 practice of architecture or interior design.
999 ffi-f-±-3-t "Common area" means an area that is held out for
1000 use by all tenants or owners in a multiple-unit dwelling,
1001 including, but not limited to, a lobby, elevator, hallway,
1002 laundry room, clubhouse, or swimming pool.
1003 (7)-f-2+ "Department" means the Department of Business and
1004 Professional Regulation.
1005 (8)-f-±-4+ "Diversified interior design experience" means
1006 experience which substantially encompasses the various elements
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1007 of interior design services set forth under the definition of
1008 "interior design" in subsection J..1.Ql_+B+.
1009 (9)-f-±-§+ "Interior decorator services" includes the
1010 selection or assistance in selection of surface materials,
1011 window treatments, wallcoverings, paint, floor coverings,
1012 surface-mounted lighting, surface-mounted fixtures, and loose
1013 furnishings not subject to regulation under applicable building
1014 codes.
1015 (10)+8+ "Interior design" means designs, consultations,
1016 studies, drawings, specifications, and administration of design
1017 construction contracts relating to nonstructural interior
1018 elements of a building or structure. "Interior design'' includes,
1019 but is not limited to, reflected ceiling plans, space planning,
1020 furnishings, and the fabrication of nonstructural elements
1021 within and surrounding interior spaces of buildings. "Interior
1022 design" specifically excludes the design of or the
1023 responsibility for architectural and engineering work, except
1024 for specification of fixtures and their location within interior
1025 spaces. As used in this subsection, "architectural and
1026 engineering interior construction relating to the building
1027 systems" includes, but is not limited to, construction of
1028 structural, mechanical, plumbing, heating, air-conditioning,
1029 ventilating, electrical, or vertical transportation systems, or
1030 construction which materially affects lifesafety systems
1031 pertaining to firesafety protection such as fire-rated
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1032 separations between interior spaces, fire-rated vertical shafts
1033 in multistory structures, fire-rated protection of structural
1034 elements, smoke evacuation and compartmentalization, emergency
1035 ingress or egress systems, and emergency alarm systems.
1036 J..lll-f-±-G+ "Nonstructural element" means an element which
1037 does not require structural bracing and which is something other
1038 than a load-bearing wall, load-bearing column, or other load-
1039 bearing element of a building or structure which is essential to
1040 the structural integrity of the building.
1041 (12)## "Reflected ceiling plan" means a ceiling design
1042 plan which is laid out as if it were projected downward and
1043 which may include lighting and other elements.
1044 (13)+9+ "Registered interior designer" or "interior
1045 designer" means a natural person who holds a valid certificate
1046 of registration to practice interior design is licensed under
1047 this part.
1048 (14)+1:-6+ "Responsible supervising control" means the
1049 exercise of direct personal supervision and control throughout
1050 the preparation of documents, instruments of service, or any
1051 other work requiring the seal and signature of a licensee under
1052 this part.
1053 ~-f-±±+- "Space planning" means the analysis, programming,
1054 or design of spatial requirements, including preliminary space
1055 layouts and final planning.
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1056 Jl.&1-f-+t "Townhouse" is a single-family dwelling unit not
1057 exceeding three stories in height which is constructed in a
1058 series or group of attached units with property lines separating
1059 such units. Each townhouse shall be considered a separate
1060 building and shall be separated from adjoining townhouses by the
1061 use of separate exterior walls meeting the requirements for zero
1062 clearance from property lines as required by the type of
1063 construction and fire protection requirements; or shall be
1064 separated by a party wall; or may be separated by a single wall
1065 meeting the following requirements:
1066 (a) Such wall shall provide not less than 2 hours of fire
1067 resistance. Plumbing, piping, ducts, or electrical or other
1068 building services shall not be installed within or through the
1069 2-hour wall unless such materials and methods of penetration
1070 have been tested in accordance with the Standard Building Code.
1071 (b) Such wall shall extend from the foundation to the
1072 underside of the roof sheathing, and the underside of the roof
1073 shall have at least 1 hour of fire resistance for a width not
1074 less than 4 feet on each side of the wall.
1075 (c) Each dwelling unit sharing such wall shall be designed
1076 and constructed to maintain its structural integrity independent
1077 of the unit on the opposite side of the wall.
1078 Section 58. Paragraph (a) of subsection (3) of section
1079 481.205, Florida Statutes, is amended to read:
1080 481.205 Board of Architecture and Interior Design.-
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1081 ( 3) (a) Notwithstanding the provisions of ss. 4 55. 22 5,
1082 455.228, and 455.32, the duties and authority of the department
1083 to receive complaints and investigate and discipline persons
1084 licensed or registered under this part, including the ability to
1085 determine legal sufficiency and probable cause; to initiate
1086 proceedings and issue final orders for summary suspension or
1087 restriction of a license or certificate of registration pursuant
1088 to s. 120.60(6); to issue notices of noncompliance, notices to
1089 cease and desist, subpoenas, and citations; to retain legal
1090 counsel, investigators, or prosecutorial staff in connection
1091 with the licensed practice of architecture or registered afiEl:
1092 interior design; and to investigate and deter the unlicensed
1093 practice of architecture and interior design as provided ins.
1094 455.228 are delegated to the board. All complaints and any
1095 information obtained pursuant to an investigation authorized by
1096 the board are confidential and exempt from s. 119.07(1) as
1097 provided ins. 455.225(2) and (10).
1098 Section 59. Section 481.207, Florida Statutes, is amended
1099 to read:
1100 481.207 Fees.-The board, by rule, may establish separate
1101 fees for architects and registered interior designers, to be
1102 paid for applications, examination, reexamination, licensing and
1103 renewal, delinquency, reinstatement, and recordmaking and
1104 recordkeeping. The examination fee shall be in an amount that
1105 covers the cost of obtaining and administering the examination
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1106 and shall be refunded if the applicant is found ineligible to
1107 sit for the examination. The application fee is nonrefundable.
1108 The fee for initial application and examination for architects
1109 and interior designers may not exceed $775 plus the actual per
1110 applicant cost to the department for purchase of the examination
1111 from the National Council of Architectural Registration Boards
1112 or the National Council of Interior Design Qualifications,
1113 respectively, or similar national organizations. The initial
1114 nonrefundable fee for registered interior designers may not
1115 exceed $75. The biennial renewal fee for architects may not
1116 exceed $200. The biennial renewal fee for registered interior
1117 designers may not exceed $75 -$-§-G-G-. The delinquency fee may not
1118 exceed the biennial renewal fee established by the board for an
1119 active license. The board shall establish fees that are adequate
1120 to ensure the continued operation of the board and to fund the
1121 proportionate expenses incurred by the department which are
1122 allocated to the regulation of architects and registered
1123 interior designers. Fees shall be based on department estimates
1124 of the revenue required to implement this part and the
1125 provisions of law with respect to the regulation of architects
1126 and interior designers.
1127 Section 60. Section 481.209, Florida Statutes, is amended
1128 to read:
1129 481.209 Examinations.-
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Amendment No. 1
1130 (1) A person desiring to be licensed as a registered
1131 architect by initial examination shall apply to the department,
1132 complete the application form, and remit a nonrefundable
1133 application fee. The department shall license any applicant who
1134 the board certifies+
1135 +a+ has passed the licensure examination prescribed by
1136 board rule-rand
1137 -tat is a graduate of a school or college of architecture
1138 with a program accredited by the National Architectural
1139 Accreditation Board.
1140 (2) A person seeking to obtain a certificate of
1141 registration as a registered interior designer and a seal
1142 pursuant to s. 481.221 must provide the department with his or
1143 her name and address and written proof that he or she has
1144 successfully passed the qualification examination prescribed by
1145 the Council for Interior Design Qualification or its successor
1146 entity or the California Council for Interior Design
1147 Certification or its successor entity, or has successfully
1148 passed an equivalent exam as determined by the department. Any
1149 person who was licensed as an interior designer by the
1150 department and who was in good standing as of July 1, 2020, is
1151 eligible to obtain a certificate of registration as a registered
1152 interior designer desiring to be licensed as a registered
1153 interior designer shall apply to the department for licensure.
1154 The department shall administer the licensure eMamination for
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1155 interior designers to each applicant who has completed the
1156 application form and remitted the application and e}camination
1157 fees specified ins. 481.207 and who the board certifies:
1158 (a) Is a graduate from an interior design program of 5
1159 years or more and has completed 1 year of diversified interior
1160 design e}cperience;
1161 (b) Is a graduate from an interior design program of 4
1162 years or more and has completed 2 years of diversified interior
1163 design experience;
1164 (c) Has completed at least 3 years in an interior design
1165 curriculum and has completed 3 years of diversified interior
1166 design experience; or
1167 (d) Is a graduate from an interior design program of at
1168 least 2 years and has completed 4 years of diversified interior
1169 design e}cperience.
1170 Subsequent to October 1, 2000, for the purpose of having the
1171 educational qualification required under this subsection
1172 accepted by the board, the applicant must complete his or her
1173 education at a program, school, or college of interior design
1174 whose curriculum has been approved by the board as of the time
1175 of completion. Subsequent to October 1, 2003, all of the
1176 required amount of educational credits shall have been obtained
1177 in a program, school, or college of interior design whose
1178 curriculum has been approved by the board, as of the time each
1179 educational credit is gained. The board shall adopt rules
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1180 providing for the review and approval of programs, schools, and
1181 colleges of interior design and courses of interior design study
1182 based on a review and inspection by the board of the curriculum
1183 of programs, schools, and colleges of interior design in the
1184 United States, including those programs, schools, and colleges
1185 accredited by the Foundation for Interior Design Education
1186 Research. The board shall adopt rules providing for the review
1187 and approval of diversified interior design e>cperience required
1188 by this subsection.
1189 Section 61. Subsections ( 1) , ( 2) , and ( 3) of section
1190 481.213, Florida Statutes, are amended, and subsection (8) is
1191 added to that section, to read:
1192 481.213 Licensure and registration.-
1193 (1) The department shall license or register any applicant
1194 who the board certifies is qualified for licensure or
1195 registration and who has paid the initial licensure or
1196 registration fee. Licensure as an architect under this section
1197 shall be deemed to include all the rights and privileges of
1198 registration licensure as an interior designer under this
1199 section.
1200 (2) The board shall certify for licensure or registration
1201 by examination any applicant who passes the prescribed licensure
1202 or registration examination and satisfies the requirements of
1203 ss. 481.209 and 481.211, for architects, or the requirements of
1204 s. 481.209, for interior designers.
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1205 (3) The board shall certify as qualified for a license by
1206 endorsement as an architect or registration as a registered a-R
1207 interior designer an applicant who:
1208 (a) Qualifies to take the prescribed licensure or
1209 registration examination, and has passed the prescribed
1210 licensure or registration examination or a substantially
1211 equivalent examination in another jurisdiction, as set forth in
1212 s. 481.209 for architects or registered interior designers, as
1213 applicable, and has satisfied the internship requirements set
1214 forth ins. 481.211 for architects;
1215 (b) Holds a valid license to practice architecture or a
1216 license, registration, or certification to practice interior
1217 design issued by another jurisdiction of the United States, if
1218 the criteria for issuance of such license were substantially
1219 equivalent to the licensure criteria that existed in this state
1220 at the time the license was issued; provided, however, that an
1221 applicant who has been licensed for use of the title "interior
1222 design" rather than licensed to practice interior design shall
1223 not qualify hereunder; or
1224 (c) Has passed the prescribed licensure examination and
1225 holds a valid certificate issued by the National Council of
1226 Architectural Registration Boards, and holds a valid license to
1227 practice architecture issued by another state or jurisdiction of
1228 the United States.
1229
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Amendment No. 1
1230 An architect who is licensed in another state who seeks
1231 qualification for license by endorsement under this subsection
1232 must complete a board-approved 2 hour course on wind mitigation
1233 under the Florida Building Code.
1234 (8) A certificate of registration is not required for a
1235 person whose occupation or practice is confined to interior
1236 decorator services or for a person whose occupation or practice
1237 is confined to interior design not covered by this part.
1238 Section 62. Subsection (1) of section 481.2131, Florida
1239 Statutes, is amended to read:
1240 481.2131 Interior design; practice requirementsT
1241 disclosure of compensation for professional services.-
1242 (1) A registered interior designer is authorized to
1243 perform "interior design" as defined ins. 481.203. Interior
1244 design documents prepared by a registered interior designer
1245 shall contain a statement that the document is not an
1246 architectural or engineering study, drawing, specification, or
1247 design and is not to be used for construction of any load-
1248 bearing columns, load-bearing framing or walls of structures, or
1249 issuance of any building permit, except as otherwise provided by
1250 law. Interior design documents that are prepared and sealed by a
1251 registered interior designer must may, if required by a
1252 permitting body, be accepted by the permitting body be submitted
1253 for the issuance of a building permit for interior construction
1254 excluding design of any structural, mechanical, plumbing,
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1255 heating, air-conditioning, ventilating, electrical, or vertical
1256 transportation systems or that materially affect lifesafety
1257 systems pertaining to firesafety protection such as fire-rated
1258 separations between interior spaces, fire-rated vertical shafts
1259 in multistory structures, fire-rated protection of structural
1260 elements, smoke evacuation and compartmentalization, emergency
1261 ingress or egress systems, and emergency alarm systems.
1262 Section 63. Section 481.215, Florida Statutes, is amended
1263 to read:
1264 481.215 Renewal of license or certificate of
1265 registration.-
1266 (1) Subject to the requirement of subsection (3), the
1267 department shall renew a license or certificate of registration
1268 upon receipt of the renewal application and renewal fee.
1269 (2) The department shall adopt rules establishing a
1270 procedure for the biennial renewal of licenses or certificates
1271 of registration.
1272 (3) A Ne license or certificate of registration renewal
1273 may not shall be issued to an architect or a registered aft
1274 interior designer by the department until the licensee or
1275 registrant submits proof satisfactory to the department that,
1276 during the 2 years before prior to application for renewal, the
1277 licensee or registrant participated per biennium in not less
1278 than 20 hours of at least 50 minutes each per biennium of
1279 continuing education approved by the board. The board shall
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1280 approve only continuing education that builds upon the basic
1281 knowledge of architecture or interior design. The board may make
1282 exception from the requirements of continuing education in
1283 emergency or hardship cases.
1284 (4) The board shall by rule establish criteria for the
1285 approval of continuing education courses and providers and shall
1286 by rule establish criteria for accepting alternative
1287 nonclassroom continuing education on an hour-for-hour basis.
1288 (5) For a license or certificate of registration, the
1289 board shall require, by rule adopted pursuant toss. 120.536(1)
1290 and 120.54, ~ a specified number of hours in specialized or
1291 advanced courses, approved by the Florida Building Coffiffiission,
1292 on any portion of the Florida Building Code, adopted pursuant to
1293 part IV of chapter 553, relating to the licensee's respective
1294 area of practice. Such hours count toward the continuing
1295 education hours required under subsection (3). A licensee may
1296 complete the courses required under this subsection online.
1297 Section 64. Section 481.217, Florida Statutes, is amended
1298 to read:
1299 481.217 Inactive status.-
1300 (1) The board may prescribe by rule continuing education
1301 requirements as a condition of reactivating a license. The rules
1302 may not require more than one renewal cycle of continuing
1303 education to reactivate a license or registration for a
1304 registered architect or registered interior designer. Fe-r-
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1305 interior design, the board may approve only continuing education
1306 that builds upon the basic lmm.:ledge of interior design.
1307 (2) The board shall adopt rules relating to application
1308 procedures for inactive status and for the reactivation of
1309 inactive licenses or registrations.
1310 Section 65. Section 481.219, Florida Statutes, is amended
1311 to read:
1312 481.219 Qualification of business organizations
1313 certification of partnerships, limited liability companies, and
1314 corporations.-
1315 (1) A licensee may The practice of or the offer to
1316 practice architecture or interior design by licensees through a
1317 qualified business organization that offers corporation, limited
1318 liability company, or partnership offering architectural e-r-
1319 interior design services to the public, or by a corporation,
1320 limited liability company, or partnership offering architectural
1321 or interior design services to the public through licensees
1322 under this part as agents, employees, officers, or partners, is
1323 permitted, subject to the provisions of this section.
1324 (2) If a licensee or an applicant proposes to engage in
1325 the practice of architecture as a business organization, the
1326 licensee or applicant shall qualify the business organization
1327 upon approval of the board For the purposes of this section, a
1328 certificate of authorization shall be required for a
1329 corporation, limited liability company, partnership, or person
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Amendment No. 1
1330 practicing under a fictitious name, offering architectural
1331 services to the public jointly or separately. However, when an
1332 individual is practicing architecture in her or his own name,
1333 she or he shall not be required to be certified under this
1334 section. Certification under this subsection to offer
1335 architectural services shall include all the rights and
1336 privileges of certification under subsection (3) to offer
1337 interior design services.
1338 ( 3) ( a) A business organization may not engage in the
1339 practice of architecture unless its qualifying agent is a
1340 registered architect under this part. A qualifying agent who
1341 terminates an affiliation with a qualified business organization
1342 shall immediately notify the department of such termination. If
1343 such qualifying agent is the only qualifying agent for that
1344 business organization, the business organization must be
1345 qualified by another qualifying agent within 60 days after the
1346 termination. Except as provided in paragraph (b), the business
1347 organization may not engage in the practice of architecture
1348 until it is qualified by another qualifying agent.
1349 (b) In the event a qualifying agent ceases employment with
1350 a qualified business organization, the executive director or the
1351 chair of the board may authorize another registered architect
1352 employed by the business organization to temporarily serve as
1353 its qualifying agent for a period of no more than 60 days. The
1354 business organization is not authorized to operate beyond such
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1355 period under this chapter absent replacement of the qualifying
1356 agent who has ceased employment.
1357 (c) A qualifying agent shall notify the department in
1358 writing before engaging in the practice of architecture in her
1359 or his own name or in affiliation with a different business
1360 organization, and she or he or such business organization shall
1361 supply the same information to the department as required of
1362 applicants under this part.
1363 (3) For the purposes of this section, a certificate of
1364 authorization shall be required for a corporation, limited
1365 liability company, partnership, or person operating under a
1366 fictitious name, offering interior design services to the public
1367 jointly or separately. However, when an individual is practicing
1368 interior design in her or his own name, she or he shall not be
1369 required to be certified under this section.
1370 (4) All final construction documents and instruments of
1371 service which include drawings, specifications, plans, reports,
1372 or other papers or documents that involve involving the practice
1373 of architecture which are prepared or approved for the use of
1374 the business organization corporation, limited liability
1375 company, or partnership and filed for public record within the
1376 state must shall bear the signature and seal of the licensee who
1377 prepared or approved them and the date on which they were
1378 sealed.
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1379 (5) All drawings, specifications, plans, reports, or other
1380 papers or documents prepared or approved for the use of the
1381 corporation, limited liability company, or partnership by an
1382 interior designer in her or his professional capacity and filed
1383 for public record within the state shall bear the signature and
1384 seal of the licensee who prepared or approved them and the date
1385 on which they were sealed.
1386 (6) The department shall issue a certificate of
1387 authorization to any applicant who the board certifies as
1388 qualified for a certificate of authorization and who has paid
1389 the fee set ins. 481.207.
1390 (5)-f-7+ The board shall allow a licensee or certify an
1391 applicant to qualify one or more business organizations a-s-
1392 qualified for a certificate of authorization to offer
1393 architectural or interior design services, or to use a
1394 fictitious name to offer such services, if provided that:
1395 +a+ one or more of the principal officers of the
1396 corporation or limited liability company, or one or more
1397 partners of the partnership, and all personnel of the
1398 corporation, limited liability company, or partnership who act
1399 in its behalf in this state as architects, are registered as
1400 provided by this part~-j-------6-r
1401 (b) One or more of the principal officers of the
1402 corporation or one or more partners of the partnership, and all
1403 personnel of the corporation, limited liability company, or
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1404 partnership who act in its behalf in this state as interior
1405 designers, are registered as provided by this part.
1406 (8) The department shall adopt rules establishing a
1407 procedure for the biennial renewal of certificates of
1408 authorization.
1409 (9) The department shall renew a certificate of
1410 authorization upon receipt of the renewal application and
1411 biennial renewal fee.
1412 J...§l-f-±-8+ Each qualifying agent who qualifies a business
1413 organization, partnership, limited liability company, or afi6:
1414 corporation certified under this section shall notify the
1415 department within 30 days after e-f. any change in the information
1416 contained in the application upon which the qualification
1417 certification is based. Any registered architect or interior
1418 designer who qualifies the business organization shall ensure
1419 corporation, limited liability company, or partnership as
1420 provided in subsection (7) shall be responsible for ensuring
1421 responsible supervising control of projects of the business
1422 organization entity and shall notify the department of t h e ~
1423 termination of her or his employment with a business
1424 organization qualified partnership, limited liability company,
1425 or corporation certified under this section shall notify the
1426 department of the termination within 30 days after such
1427 termination.
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1428 (7)-f-l-±+ A business organization is not No corporation,
1429 limited liability company, or partnership shall be relieved of
1430 responsibility for the conduct or acts of its agents, employees,
1431 or officers by reason of its compliance with this section.
1432 However, except as provided ins. 558.0035, the architect who
1433 signs and seals the construction documents and instruments of
1434 service is shall be liable for the professional services
1435 performed, and the interior designer who signs and seals the
1436 interior design drawings, plans, or specifications shall be
1437 liable for the professional services performed.
1438 (12) Disciplinary action against a corporation, limited
1439 liability company, or partnership shall be administered in the
1440 same manner and on the same grounds as disciplinary action
1441 against a registered architect or interior designer,
1442 respectively.
1443 (8)~ Nothing in This section may not shall be construed
1444 to mean that a certificate of registration to practice
1445 architecture or interior design must shall be held by a business
1446 organization corporation, limited liability company, or
1447 partnership. Nothing in This section does not prohibit a
1448 business organization from offering prohibits corporations,
1449 limited liability companies, and partnerships from joining
1450 together to offer architectural orT engineering, interior
1451 design, surveying and mapping, and landscape architectural
1452 services, or any combination of such services, to the public if
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1453 the business organization, provided that each corporation,
1454 limited liability company, or partnership otherwise meets the
1455 requirements of law.
1456 (14) Corporations, limited liability companies, or
1457 partnerships holding a valid certificate of authorization to
1458 practice architecture shall be permitted to use in their title
1459 the term "interior designer" or "registered interior designer."
1460 Section 66. Subsections (5) and (10) of section 481.221,
1461 Florida Statutes, are amended to read:
1462 481.221 Seals; display of certificate number.-
1463 (5) ~Ne-registered interior designer may not shall affix,
14 64 or permit to be affixed, her or his seal or signature to any
1465 plan, specification, drawing, or other document which depicts
1466 work which she or he is not competent or registered licensed to
1467 perform.
1468 (10) Each registered architect must or interior designer,
1469 and each corporation, limited liability company, or partnership
1470 holding a certificate of authorization, shall include her or his
1471 license its certificate number in any newspaper, telephone
1472 directory, or other advertising medium used by the registered
1473 licensee. Each business organization must include the license
1474 number of the registered architect who serves as the qualifying
1475 agent for that business organization in any newspaper, telephone
1476 directory, or other advertising medium used by the business
1477 organization architect, interior designer, corporation, limited
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1478 liability company, or partnership. A corporation, limited
1479 liability company, or partnership is not required to display the
1480 certificate number of individual registered architects or
1481 interior designers employed by or working within the
1482 corporation, limited liability company, or partnership.
1483 Section 67. Section 481.223, Florida Statutes, is amended
1484 to read:
1485 481.223 Prohibitions; penalties; injunctive relief.-
1486 (1) A person may not knowingly:
1487 (a) Practice architecture unless the person is an
1488 architect or a registered architect; however, a licensed
1489 architect who has been licensed by the board and who chooses to
1490 relinquish or not to renew his or her license may use the title
1491 "Architect, Retired" but may not otherwise render any
1492 architectural services.
1493 (b) Practice interior design unless the person is a
1494 registered interior designer unless otherwise eJcempted herein;
1495 however, an interior designer who has been licensed by the board
1496 and who chooses to relinquish or not to renew his or her license
1497 may use the title ''Interior Designer, Retired" but may not
1498 otherwise render any interior design services.
1499 (b)-fet Use the name or title "architect.!...." er "registered
1500 architect,'' or "interior designer" or "registered interior
1501 designer," or words to that effect, when the person is not then
1502 the holder of a valid license or certificate of registration
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1503 issued pursuant to this part. This paragraph does not restrict
1504 the use of the name or title "interior designer" or "interior
1505 design firm."
1506 (c)+e+ Present as his or her own the license of another.
1507 (d)-fe+ Give false or forged evidence to the board or a
1508 member thereof.
1509 (e)-f-f+ Use or attempt to use an architect or interior
1510 designer license or interior design certificate of registration
1511 that has been suspended, revoked, or placed on inactive or
1512 delinquent status.
1513 J.!l~ Employ unlicensed persons to practice architecture
1514 or interior design.
1515 i.91_-Btt Conceal information relative to violations of this
1516 part.
1517 (2) Any person who violates any provision of subsection
1518 (1) commits a misdemeanor of the first degree, punishable as
1519 provided ins. 775.082 ors. 775.083.
1520 (3) (a) Notwithstanding chapter 455 or any other law to the
1521 contrary, an affected person may maintain an action for
1522 injunctive relief to restrain or prevent a person from violating
1523 paragraph (1) (a) orT paragraph (1) (b), or paragraph (1) (c). The
1524 prevailing party is entitled to actual costs and attorney's
1525 fees.
1526 (b) For purposes of this subsection, the term "affected
1527 person" means a person directly affected by the actions of a
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1528 person suspected of violating paragraph (1) (a) or7 paragraph
1529 (1) (b), or paragraph (1) (c) and includes, but is not limited to,
1530 the department, any person who received services from the
1531 alleged violator, or any private association composed primarily
1532 of members of the profession the alleged violator is practicing
1533 or offering to practice or holding himself or herself out as
1534 qualified to practice.
1535 Section 68. Section 481.2251, Florida Statutes, is amended
1536 to read:
1537 481.2251 Disciplinary proceedings against registered
1538 interior designers.-
1539 (1) The following acts constitute grounds for which the
1540 disciplinary actions specified in subsection (2) may be taken:
1541 (a) Attempting to register obtain, obtaining, or renewing
1542 registration7 by bribery, by fraudulent misrepresentation, or
1543 through an error of the board, a license to practice interior
1544 design;
1545 (b) Having an interior design license, certification, or
1546 registration a license to practice interior design revoked,
1547 suspended, or otherwise acted against, including the denial of
1548 licensure, registration, or certification by the licensing
1549 authority of another jurisdiction for any act which would
1550 constitute a violation of this part or of chapter 455;
1551 (c) Being convicted or found guilty, regardless of
1552 adjudication, of a crime in any jurisdiction which directly
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1553 relates to the provision of interior design services or to the
1554 ability to provide interior design services.~ plea of nolo
1555 contendere shall create a rebuttable presumption of guilt to the
1556 underlying criminal charges. However, the board shall allow the
1557 person being disciplined to present any evidence relevant to the
1558 underlying charges and the circumstances surrounding her or his
1559 ~;
1560 (d) False, deceptive, or misleading advertising;
1561 (e) Failing to report to the board any person who the
1562 licensee lcnows is in violation of this part or the rules of the
1563 board;
1564 (f) Aiding, assisting, procuring, or advising any
1565 unlicensed person to use the title "interior designer" contrary
1566 to this part or to a rule of the board;
1567 (g) Failing to perform any statutory or legal obligation
1568 placed upon a registered interior designer;
1569 ~+h-t Making or filing a report which the registrant
1570 licensee knows to be false, intentionally or negligently failing
1571 to file a report or record required by state or federal law, or
1572 willfully impeding or obstructing such filing or inducing
1573 another person to do so. Such reports or records shall include
1574 only those which are signed in the capacity as a registered
1575 interior designer;
1576 l!l_-f-i+ Making deceptive, untrue, or fraudulent
1577 representations in the provision of interior design services;
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1578 i.9l_-H+ Accepting and performing professional
1579 responsibilities which the registrant licensee knows or has
1580 reason to know that she or he is not competent or licensed to
1581 perform;
1582 (k) Violating any provision of this part, any rule of the
1583 board, or a lawful order of the board previously entered in a
1584 disciplinary hearing;
1585 (1) Conspiring with another licensee or with any other
1586 person to commit an act, or coffiffiitting an act, which would tend
1587 to coerce, intimidate, or preclude another licensee from
1588 lawfully advertising her or his services;
1589 (m) Acceptance of compensation or any consideration by an
1590 interior designer from someone other than the client without
1591 full disclosure of the compensation or consideration amount or
1592 value to the client prior to the engagement for services, in
1593 violation of s. 481.2131(2);
1594 J..b.l-tn-+- Rendering or offering to render architectural
1595 services; or
1596 (i)-f-e+- Committing an act of fraud or deceit, or of
1597 negligence, incompetency, or misconduct, in the practice of
1598 interior design, including, but not limited to, allowing the
1599 preparation of any interior design studies, plans, or other
1600 instruments of service in an office that does not have a full
1601 time Florida registered interior designer assigned to such
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1602 office or failing to exercise responsible supervisory control
1603 over services or projects, as required by board rule.
1604 (2) When the board finds any person guilty of any of the
1605 grounds set forth in subsection (1), it may enter an order
1606 taking the following action or imposing one or more of the
1607 following penalties:
1608 (a) Refusal to register the applicant approve an
1609 application for licensure;
1610 (b) Refusal to renew an existing registration license;
1611 (c) Removal from the state registry Revocation or
1612 suspension of a license; or
1613 (d) Imposition of an administrative fine not to exceed
1614 $500 $1,000 for each violation or separate offense and a fine of
1615 up to $2,500 $5,000 for matters pertaining to a material
1616 violation of the Florida Building Code as reported by a local
1617 jurisdiction-j--6-r
1618 (e) Issuance of a reprimand.
1619 Section 69. Paragraph (b) of subsection (5) and
1620 subsections (6) and (8) of section 481.229, Florida Statutes,
1621 are amended to read:
1622 481.229 Exceptions; exemptions from licensure.-
1623 (5)
1624 (b) Notwithstanding any other provision of this part, all
1625 persons licensed as architects under this part shall be
1626 qualified for interior design registration licensure upon
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1627 submission of a completed application for such license and a fee
1628 not to exceed $30. Such persons shall be exempt from the
1629 requirements of s. 481.209(2). For architects licensed as
1630 interior designers, satisfaction of the requirements for renewal
1631 of licensure as an architect under s. 481.215 shall be deemed to
1632 satisfy the requirements for renewal of registration licensure
1633 as an interior designer under that section. Complaint
1634 processing, investigation, or other discipline-related legal
1635 costs related to persons licensed as interior designers under
1636 this paragraph shall be assessed against the architects' account
1637 of the Regulatory Trust Fund.
1638 (6) This part does shall not apply to+
1639 (a) A person who performs interior design services or
1640 interior decorator services for any residential applicationT
1641 provided that such person does not advertise as, or represent
1642 himself or herself as, an interior designer. For purposes of
1643 this paragraph, "residential applications" includes all types of
1644 residences, including, but not limited to, residence buildings,
1645 single-family homes, multifamily homes, townhouses, apartments,
164 6 condominiums, and domestic outbuildings appurtenant to one-
1647 family or two-family residences. However, "residential
1648 applications" does not include common areas associated with
1649 instances of multiple unit dwelling applications.
1650 (b} An employee of a retail establishment providing
1651 "interior decorator services" on the premises of the retail
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1652 establishment or in the furtherance of a retail sale or
1653 prospective retail sale, provided that such employee does not
1654 advertise as, or represent himself or herself as, an interior
1655 designer.
1656 (8) A manufacturer of commercial food service equipment or
1657 the manufacturer's representative, distributor, or dealer or an
1658 employee thereof, who prepares designs, specifications, or
1659 layouts for the sale or installation of such equipment is exempt
1660 from licensure as an architect or registration as an interior
1661 designer, if:
1662 (a) The designs, specifications, or layouts are not used
1663 for construction or installation that may affect structural,
1664 mechanical, plumbing, heating, air conditioning, ventilating,
1665 electrical, or vertical transportation systems.
1666 (b) The designs, specifications, or layouts do not
1667 materially affect lifesafety systems pertaining to firesafety
1668 protection, smoke evacuation and compartmentalization, and
1669 emergency ingress or egress systems.
1670 (c) Each design, specification, or layout document
1671 prepared by a person or entity exempt under this subsection
1672 contains a statement on each page of the document that the
1673 designs, specifications, or layouts are not architectural,
1674 interior design, or engineering designs, specifications, or
1675 layouts and not used for construction unless reviewed and
1676 approved by a licensed architect or engineer.
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Amendment No. 1
1677 Section 70. Subsection (1) of section 481.231, Florida
1678 Statutes, is amended to read:
1679 481.231 Effect of part locally.-
1680 (1) Nothing in This part does not shall be construed to
1681 repeal, amend, limit, or otherwise affect any specific provision
1682 of any local building code or zoning law or ordinance that has
1683 been duly adopted, now or hereafter enacted, which is more
1684 restrictive, with respect to the services of registered
1685 architects or registered interior designers, than the provisions
1686 ~ this part; provided, however, that a licensed architect shall
1687 be deemed registered licensed as an interior designer for
1688 purposes of offering or rendering interior design services to a
1689 county, municipality, or other local government or political
1690 subdivision.
1691 Section 71. Section 481.303, Florida Statutes, is amended
1692 to read:
1693 481.303 Definitions.-As used in this chapter, the term:
1694 (1) "Board" means the Board of Landscape Architecture.
1695 fil-f-4+- "Certificate of registration" means a license
1696 issued by the department to a natural person to engage in the
1697 practice of landscape architecture.
1698 ill~ "Department" means the Department of Business and
1699 Professional Regulation.
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1700 (5) "Certificate of authorization" means a license issued
1701 by the department to a corporation or partnership to engage in
1702 the practice of landscape architecture.
1703 (4)-+# "Landscape architecture" means professional
1704 services, including, but not limited to, the following:
1705 (a) Consultation, investigation, research, planning,
1706 design, preparation of drawings, specifications, contract
1707 documents and reports, responsible construction supervision, or
1708 landscape management in connection with the planning and
1709 development of land and incidental water areas, including the
1710 use of Florida-friendly landscaping as defined ins. 373.185,
1711 where, and to the extent that, the dominant purpose of such
1712 services or creative works is the preservation, conservation,
1713 enhancement, or determination of proper land uses, natural land
1714 features, ground cover and plantings, or naturalistic and
1715 aesthetic values;
1716 (b) The determination of settings, grounds, and approaches
1717 for and the siting of buildings and structures, outdoor areas,
1718 or other improvements;
1719 (c) The setting of grades, shaping and contouring of land
1720 and water forms, determination of drainage, and provision for
1721 storm drainage and irrigation systems where such systems are
1722 necessary to the purposes outlined herein; and
1723 (d) The design of such tangible objects and features as
1724 are necessary to the purpose outlined herein.
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1725 ill++-+ "Landscape design" means consultation for and
1726 preparation of planting plans drawn for compensation, including
1727 specifications and installation details for plant materials,
1728 soil amendments, mulches, edging, gravel, and other similar
1729 materials. Such plans may include only recommendations for the
1730 conceptual placement of tangible objects for landscape design
1731 projects. Construction documents, details, and specifications
1732 for tangible objects and irrigation systems shall be designed or
1733 approved by licensed professionals as required by law.
1734 (6)+3-t "Registered landscape architect" means a person who
1735 holds a license to practice landscape architecture in this state
1736 under the authority of this act.
1737 Section 72. Section 481.310, Florida Statutes, is amended
1738 to read:
1739 481.310 Practical experience requirement.-Beginning
1740 October 1, 1990, every applicant for licensure as a registered
1741 landscape architect shall demonstrate, before prior to
1742 licensure, 1 year of practical experience in landscape
1743 architectural work. An applicant who holds both a bachelor's
1744 degree and a master's degree in landscape architecture is not
1745 required to demonstrate 1 year of practical experience in
1746 landscape architectural work to obtain licensure. The board
1747 shall adopt rules providing standards for the required
1748 experience. An applicant who qualifies for examination pursuant
1749 to s. 481.309(1) (b)l. may obtain the practical experience after
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1750 completing the required professional degree. Experience used to
1751 qualify for examination pursuant to s. 481.309(1) (b)2. may not
1752 be used to satisfy the practical experience requirement under
1753 this section.
1754 Section 73. Subsections (5) and (6) of section 481.311,
1755 Florida Statutes, are renumbered as subsections (4) and (5),
1756 respectively, and subsection (3) and present subsection (4) of
1757 that section are amended, to read:
1758 481.311 Licensure.-
1759 (3) The board shall certify as qualified for a license by
1760 endorsement an applicant who:
1761 (a) Qualifies to take the examination as set forth ins.
1762 481.309; and has passed a national, regional, state, or
1763 territorial licensing examination which is substantially
1764 equivalent to the examination required bys. 481.309; e-r
1765 (b) Holds a valid license to practice landscape
1766 architecture issued by another state or territory of the United
17 67 States, if the criteria for issuance of such license were
17 68 substantially identical to the licensure criteria which existed
1769 in this state at the time the license was issued; or7
1770 (c) Has held a valid license to practice landscape
1771 architecture in another state or territory of the United States
1772 for at least 10 years before the date of application and has
1773 successfully completed a state, regional, national, or other
1774 examination that is equivalent to or more stringent than the
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1775 examination required by the board, subject to subsection (5). An
1776 applicant who has met the requirements to be qualified for a
1777 license by endorsement except for successful completion of an
1778 examination that is equivalent to or more stringent than the
1779 examination required by the board may take the examination
1780 required by the board without completing additional education
1781 requirements. Such application must be submitted to the board
1782 while the applicant holds a valid license in another state or
1783 territory or within 2 years after the expiration of such
1784 license.
1785 (4) The board shall certify as qualified for a certificate
1786 of authorization any applicant corporation or partnership who
1787 satisfies the requirements of s. 481.319.
1788 Section 74. Subsection (4) of section 481.313, Florida
1789 Statutes, is amended to read:
1790 481.313 Renewal of license.-
1791 (4) The board, by rule adopted pursuant toss. 120.536(1)
1792 and 120.54, shall establish criteria for the approval of
1793 continuing education courses and providers, and shall by rule
1794 establish criteria for accepting alternative nonclassroom
1795 continuing education on an hour-for-hour basis. A landscape
1796 architect shall receive hour-for-hour credit for attending
17 97 continuing education courses approved by the Landscape
1798 Architecture Continuing Education System or another nationally
1799 recognized clearinghouse for continuing education that relate to
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1800 and increase the basic knowledge of landscape architecture, as
1801 determined by the board, if such landscape architect submits
1802 proof satisfactory to the board that such course was approved by
1803 the Landscape Architecture Continuing Education System or
1804 another nationally recognized clearinghouse for continuing
1805 education, the syllabus or outline for such course, and
1806 attendance of such course.
1807 Section 75. Subsection (2) of section 481.317, Florida
1808 Statutes, is amended to read:
1809 481.317 Temporary certificates.-
1810 (2) Upon approval by the board and payment of the fee set
1811 ins. 481.307, the department shall grant a temporary
1812 certificate of authorization for work on one specified project
1813 in this state for a period not to exceed 1 year to an out of
1814 state corporation, partnership, or firm, provided one of the
1815 principal officers of the corporation, one of the partners of
1816 the partnership, or one of the principals in the fictitiously
1817 named firm has obtained a temporary certificate of registration
1818 in accordance with subsection (1).
1819 Section 76. Section 481.319, Florida Statutes, is amended
1820 to read:
1821 481.319 Corporate and partnership practice of landscape
1822 architecture; certificate of authorization.-
1823 (1) The practice of or offer to practice landscape
1824 architecture by registered landscape architects registered under
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1825 this part through a corporation or partnership offering
1826 landscape architectural services to the public, or through a
1827 corporation or partnership offering landscape architectural
1828 services to the public through individual registered landscape
1829 architects as agents, employees, officers, or partners, is
1830 permitted, subject to the provisions of this section, if:
1831 (a) One or more of the principal officers of the
1832 corporation, or partners of the partnership, and all personnel
1833 of the corporation or partnership who act in its behalf as
1834 landscape architects in this state are registered landscape
1835 architects; and
1836 (b) One or more of the officers, one or more of the
1837 directors, one or more of the owners of the corporation, or one
1838 or more of the partners of the partnership is a registered
1839 landscape architect; and
1840 (c) The corporation or partnership has been issued a
1841 certificate of authorization by the board as provided herein.
1842 (2) All documents involving the practice of landscape
1843 architecture which are prepared for the use of the corporation
1844 or partnership shall bear the signature and seal of a registered
1845 landscape architect.
1846 (3) A landscape architect applying to practice in the name
1847 of a An applicant corporation must shall file with the
1848 department the names and addresses of all officers and board
1849 members of the corporation, including the principal officer or
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1850 officers, duly registered to practice landscape architecture in
1851 this state and, also, of all individuals duly registered to
1852 practice landscape architecture in this state who shall be in
1853 responsible charge of the practice of landscape architecture by
1854 the corporation in this state. A landscape architect applying to
1855 practice in the name of a An applicant partnership must shall
1856 file with the department the names and addresses of all partners
1857 of the partnership, including the partner or partners duly
1858 registered to practice landscape architecture in this state and,
1859 also, of an individual or individuals duly registered to
1860 practice landscape architecture in this state who shall be in
1861 responsible charge of the practice of landscape architecture by
1862 said partnership in this state.
1863 (4) Each landscape architect qualifying a partnership or
18 64 aftEl corporation licensed under this part must shall notify the
1865 department within 1 month after~ any change in the information
1866 contained in the application upon which the license is based.
1867 Any landscape architect who terminates her or his or her
1868 employment with a partnership or corporation licensed under this
1869 part shall notify the department of the termination within 1
1870 month after such termination.
1871 (5) Disciplinary action against a corporation or
1872 partnership shall be administered in the same manner and on the
1873 same grounds as disciplinary action against a registered
1874 landscape architect.
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1875 J.21+6+- Except as provided ins. 558.0035, the fact that a
1876 registered landscape architect practices landscape architecture
1877 through a corporation or partnership as provided in this section
1878 does not relieve the landscape architect from personal liability
1879 for her or his or her professional acts.
1880 Section 77. Subsection (5) of section 481.321, Florida
1881 Statutes, is amended to read:
1882 481.321 Seals; display of certificate number.-
1883 (5) Each registered landscape architect must and each
1884 corporation or partnership holding a certificate of
1885 authorization shall include her or his 4:-t-s- certificate number in
1886 any newspaper, telephone directory, or other advertising medium
1887 used by the registered landscape architect, corporation, or
1888 partnership. A corporation or partnership must is not required
1889 -t-e display the certificate number numbers of at least one
1890 officer, director, owner, or partner who is a individual
1891 registered landscape architect architects employed by or
1892 practicing with the corporation or partnership.
1893 Section 78. Subsection (5) of section 481.329, Florida
1894 Statutes, is amended to read:
1895 481.329 Exceptions; exemptions from licensure.-
1896 (5) This part does not prohibit any person from engaging
1897 in the practice of landscape design, as defined ins. 481.303
1898 481.303(7), or from submitting for approval to a governmental
1899 agency planting plans that are independent of, or a component
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1900 of, construction documents that are prepared by a Florida-
1901 registered professional. Persons providing landscape design
1902 services shall not use the title, term, or designation
1903 "landscape architect," "landscape architectural," "landscape
1904 architecture," "L.A.," "landscape engineering," or any
1905 description tending to convey the impression that she or he is a
1906 landscape architect unless she or he is registered as provided
1907 in this part.
1908 Section 79. Subsection (9) of section 489.103, Florida
1909 Statutes, is amended to read:
1910 489.103 Exemptions.-This part does not apply to:
1911 (9) Any work or operation of a casual, minor, or
1912 inconsequential nature in which the aggregate contract price for
1913 labor, materials, and all other items is less than $2,500
1914 $1,000, but this exemption does not apply:
1915 (a) If the construction, repair, remodeling, or
1916 improvement is a part of a larger or major operation, whether
1917 undertaken by the same or a different contractor, or in which a
1918 division of the operation is made in contracts of amounts less
1919 than $2,500 $1,000 for the purpose of evading this part or
1920 otherwise.
1921 (b) To a person who advertises that he or she is a
1922 contractor or otherwise represents that he or she is qualified
1923 to engage in contracting.
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1924 Section 80. Subsection (2) of section 489.111, Florida
1925 Statutes, is amended to read:
1926 489.111 Licensure by examination.-
1927 (2) A person shall be eligible for licensure by
1928 examination if the person:
1929 (a) Is 18 years of age;
1930 (b) Is of good moral character; and
1931 (c) Meets eligibility requirements according to one of the
1932 following criteria:
1933 1. Has received a baccalaureate degree from an accredited
1934 4-year college in the appropriate field of engineering,
1935 architecture, or building construction and has 1 year of proven
1936 experience in the category in which the person seeks to qualify.
1937 For the purpose of this part, a minimum of 2,000 person-hours
1938 shall be used in determining full-time equivalency. An applicant
1939 who is exempt from passing an examination or portion thereof as
1940 provided ins. 489.113(1) is eligible for a license under this
1941 section.
1942 2. Has a total of at least 4 years of active experience as
1943 a worker who has learned the trade by serving an apprenticeship
1944 as a skilled worker who is able to command the rate of a
1945 mechanic in the particular trade or as a foreman who is in
1946 charge of a group of workers and usually is responsible to a
1947 superintendent or a contractor or his or her equivalent,
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1948 provided, however, that at least 1 year of active experience
1949 shall be as a foreman.
1950 3. Has a combination of not less than 1 year of experience
1951 as a foreman and not less than 3 years of credits for any
1952 accredited college-level courses; has a combination of not less
1953 than 1 year of experience as a skilled worker, 1 year of
1954 experience as a foreman, and not less than 2 years of credits
1955 for any accredited college-level courses; or has a combination
1956 of not less than 2 years of experience as a skilled worker, 1
1957 year of experience as a foreman, and not less than 1 year of
1958 credits for any accredited college-level courses. All junior
1959 college or community college-level courses shall be considered
1960 accredited college-level courses.
1961 4.a. An active certified residential contractor is
1962 eligible to receive a certified building contractor license
1963 after passing or having previously passed 'E-a*e the building
1964 contractors' examination if he or she possesses a minimum of 3
1965 years of proven experience in the classification in which he or
1966 she is certified.
1967 b. An active certified residential contractor is eligible
i968 to receive a certified general contractor license after passing
1969 or having previously passed 'E-a*e the general contractors'
1970 examination if he or she possesses a minimum of 4 years of
1971 proven experience in the classification in which he or she is
1972 certified.
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1973 c. An active certified building contractor is eligible to
1974 receive a certified general contractor license after passing or
1975 having previously passed ta-k-e the general contractors'
1976 examination if he or she possesses a minimum of 4 years of
1977 proven experience in the classification in which he or she is
1978 certified.
1979 5.a. An active certified air-conditioning Class C
1980 contractor is eligible to receive a certified air conditioning
1981 Class B contractor license after passing or having previously
1982 passed ta-k-e the air-conditioning Class B contractors'
1983 examination if he or she possesses a minimum of 3 years of
1984 proven experience in the classification in which he or she is
1985 certified.
1986 b. An active certified air-conditioning Class C contractor
1987 is eligible to receive a certified air conditioning Class A
1988 contractor license after passing or having previously passed
1989 ta-k-e the air-conditioning Class A contractors' examination if he
1990 or she possesses a minimum of 4 years of proven experience in
1991 the classification in which he or she is certified.
1992 c. An active certified air-conditioning Class B contractor
1993 is eligible to receive a certified air conditioning Class A
1994 contractor license after passing or having previously passed
1995 ta-k-e the air-conditioning Class A contractors' examination if he
1996 or she possesses a minimum of 1 year of proven experience in the
1997 classification in which he or she is certified.
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Amendment No. 1
1998 6.a. An active certified swimming pool servicing
1999 contractor is eligible to receive a certified residential
2000 swimming pool contractor license after passing or having
2001 previously passed 'E-a*e the residential swimming pool
2002 contractors' examination if he or she possesses a minimum of 3
2003 years of proven experience in the classification in which he or
2004 she is certified.
2005 b. An active certified swimming pool servicing contractor
2006 is eligible to receive a certified commercial swimming pool
2007 contractor license after passing or having previously passed
2008 'E-a*e the swimming pool commercial contractors' examination if he
2009 or she possesses a minimum of 4 years of proven experience in
2010 the classification in which he or she is certified.
2011 c. An active certified residential swimming pool
2012 contractor is eligible to receive a certified commercial
2013 swimming pool contractor license after passing or having
2014 previously passed 'E-a*e the commercial swimming pool contractors'
2015 examination if he or she possesses a minimum of 1 year of proven
2016 experience in the classification in which he or she is
2017 certified.
2018 d. An applicant is eligible to receive a certified
2019 swimming pool/spa servicing contractor license after passing or
2020 having previously passed 'E-a*e the swimming pool/spa servicing
2021 contractors' examination if he or she has satisfactorily
2022 completed 60 hours of instruction in courses related to the
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Amendment No. 1
2023 scope of work covered by that license and approved by the
2024 Construction Industry Licensing Board by rule and has at least 1
2025 year of proven experience related to the scope of work of such a
2026 contractor.
2027 Section 81. Subsection (1) of section 489.113, Florida
2028 Statutes, is amended to read:
2029 489.113 Qualifications for practice; restrictions.-
2030 (1) Any person who desires to engage in contracting on a
2031 statewide basis shall, as a prerequisite thereto, establish his
2032 or her competency and qualifications to be certified pursuant to
2033 this part. To establish competency, a person shall pass the
2034 appropriate examination approved by the board and certified by
2035 the department. If an applicant has received a baccalaureate
2036 degree from an accredited 4-year college in building
2037 construction, or a related degree as approved by the board by
2038 rule, such applicant is only required to take and pass the
2039 business and finance portion of the examination. Any person who
2040 desires to engage in contracting on other than a statewide basis
2041 shall, as a prerequisite thereto, be registered pursuant to this
2042 part, unless exempted by this part.
2043 Section 82. Subsection (3) of section 489.115, Florida
2044 Statutes, is amended to read:
2045 489.115 Certification and registration; endorsement;
2046 reciprocity; renewals; continuing education.-
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2047 (3) The board shall certify as qualified for certification
2048 by endorsement any applicant who:
2049 (a) Meets the requirements for certification as set forth
2050 in this section; has passed a national, regional, state, or
2051 United States territorial licensing examination that is
2052 substantially equivalent to the examination required by this
2053 part; and has satisfied the requirements set forth ins.
2054 489.111;
2055 (b) Holds a valid license to practice contracting issued
2056 by another state or territory of the United States, if the
2057 criteria for issuance of such license were substantially
2058 equivalent to Florida's current certification criteria; e-r
2059 (c) Holds a valid, current license to practice contracting
2060 issued by another state or territory of the United States, if
2061 the state or territory has entered into a reciprocal agreement
2062 with the board for the recognition of contractor licenses issued
2063 in that state, based on criteria for the issuance of such
2064 licenses that are substantially equivalent to the criteria for
2065 certification in this state;
2066 (d) Has held a valid license to practice contracting
2067 issued by another state or territory for at least 10 years
2068 before the date of application and is applying for the same or
2069 similar license in this state, subject to subsections (5)-(9).
2070 The board may consider whether such applicant has had a license
2071 to practice contracting revoked, suspended, or otherwise acted
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2072 against by the licensing authority of another state, territory,
2073 or country. Such application must be submitted to the board
2074 while the applicant holds a valid license in another state or
2075 territory or within 2 years after the expiration of such
2076 license. A building contractor, residential contractor, general
2077 contractor, or roofing contractor who obtains a license by
2078 endorsement or reciprocity under this paragraph must have
2079 completed, within the previous 2 years or within 30 days after
2080 being licensed, a board-approved 2 hour course on wind
2081 mitigation, flood resistance, and water intrusion requirements
2082 under the Florida Building Code. The approved course may be
2083 provided online. The board may approve other building code
2084 courses to satisfy this requirement, provided the necessary wind
2085 mitigation, flood resistance, and water intrusion requirements
2086 are presented.
2087 Section 83. Subsection (5) of section 489.511, Florida
2088 Statutes, is amended to read:
2089 489.511 Certification; application; examinations;
2090 endorsement.-
2091 (5) The board shall certify as qualified for certification
2092 by endorsement any individual applying for certification who:
2093 (a) Meets the requirements for certification as set forth
2094 in this section; has passed a national, regional, state, or
2095 United States territorial licensing examination that is
2096 substantially equivalent to the examination required by this
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'\
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2097 part; and has satisfied the requirements set forth ins.
2098 489.521; e-r
2099 (b) Holds a valid license to practice electrical or alarm
2100 system contracting issued by another state or territory of the
2101 United States, if the criteria for issuance of such license was
2102 substantially equivalent to the certification criteria that
2103 existed in this state at the time the certificate was issued; or
2104 (c) Has held a valid license to practice electrical or
2105 alarm system contracting issued by another state or territory
2106 for at least 10 years before the date of application and is
2107 applying for the same or similar license in this state, subject
2108 to ss. 489. 510 and 489. 521 (3) (a), and subparagraph (1) (b) 1. Such
2109 application must be submitted to the board while the applicant
2110 holds a valid license in another state or territory or within 2
2111 years after the expiration of such license. An electrical
2112 contractor or alarm system contractor who is licensed in another
2113 state who seeks qualification for license by endorsement under
2114 this paragraph must complete a class on the Florida Building
2115 Code approved by the board, not to exceed 2 hours.
2116 Section 84. Subsection (3) and paragraph (b) of subsection
2117 (4) of section 489.517, Florida Statutes, are amended to read:
2118 489.517 Renewal of certificate or registration; continuing
2119 education.-
2120 (3)~ Each certificateholder or registrant licensed as a
2121 specialty contractor or an alarm system contractor shall provide
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2122 proof, in a form established by rule of the board, that the
2123 certificateholder or registrant has completed at least 2 ±4
2124 classroom hours of at least 50 minutes each of continuing
2125 education courses during each biennium since the issuance or
2126 renewal of the certificate or registration. The board shall by
2127 rule establish criteria for the approval of continuing education
2128 courses and providers and may by rule establish criteria for
2129 accepting alternative nonclassroom continuing education on an
2130 hour-for-hour basis.
2131 (b) Each certificateholder or registrant licensed as an
2132 electrical contractor shall provide proof, in a form established
2133 by rule of the board, that the certificateholder or registrant
2134 has completed at least 11 classroom hours of at least 50 minutes
2135 each of continuing education courses during each biennium since
2136 the issuance or renewal of the certificate or registration. The
2137 board shall by rule establish criteria for the approval of
2138 continuing education courses and providers and may by rule
2139 establish criteria for accepting alternative nonclassroom
2140 continuing education on an hour-for-hour basis.
2141 ( 4)
2142 (b)l. For licensed specialty contractors or alarm system
2143 contractors, of the 7 ±4 classroom hours of continuing education
2144 required, at least 1 hour 7 hours must be on technical subjects,
2145 1 hour on workers' compensation, 1 hour on workplace safety, 1
2146 hour on business practices, and for alarm system contractors and
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Amendment No. 1
2147 electrical contractors engaged in alarm system contracting, 2
2148 hours on false alarm prevention.
2149 2. For licensed electrical contractors, of the minimum 11
2150 classroom hours of continuing education required, at least 7
2151 hours must be on technical subjects, 1 hour on workers'
2152 compensation, 1 hour on workplace safety, and 1 hour on business
2153 practices. Electrical contractors engaged in alarm system
2154 contracting must also complete 2 hours on false alarm
2155 prevention.
2156 Section 85. Paragraph (b) of subsection (1) of section
2157 489.518, Florida Statutes, is amended to read:
2158 489.518 Alarm system agents.-
2159 (1) A licensed electrical or alarm system contractor may
2160 not employ a person to perform the duties of a burglar alarm
2161 system agent unless the person:
2162 (b) Has successfully completed a minimum of 14 hours of
2163 training within 90 days after employment, to include basic alarm
2164 system electronics in addition to related training including
2165 CCTV and access control training, with at least 2 hours of
2166 training in the prevention of false alarms. Such training shall
2167 be from a board-approved provider, and the employee or applicant
2168 for employment shall provide proof of successful completion to
2169 the licensed employer. The board shall by rule establish
2170 criteria for the approval of training courses and providers and
2171 may by rule establish criteria for accepting alternative
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Amendment No. 1
2172 nonclassroom education on an hour-for-hour basis. The board
2173 shall approve providers that conduct training in other than the
2174 English language. The board shall establish a fee for the
2175 approval of training providers or courses, not to exceed $60.
2176 Qualified employers may conduct training classes for their
2177 employees, with board approval.
2178 Section 86. Section 492.104, Florida Statutes, is amended,
2179 to read:
2180 492.104 Rulemaking authority.-The Board of Professional
2181 Geologists has authority to adopt rules pursuant toss.
2182 120.536(1) and 120.54 to implement this chapter. Every licensee
2183 shall be governed and controlled by this chapter and the rules
2184 adopted by the board. The board is authorized to set, by rule,
2185 fees for application, examination, certificate of authorization,
2186 late renewal, initial licensure, and license renewal. These fees
2187 may should not exceed the cost of implementing the application,
2188 examination, initial licensure, and license renewal or other
2189 administrative process and shall be established as follows:
2190 (1) The application fee shall not exceed $150 and shall be
2191 nonrefundable.
2192 (2) The examination fee shall not exceed $250, and the fee
2193 may be apportioned to each part of a multipart examination. The
2194 examination fee shall be refundable in whole or part if the
2195 applicant is found to be ineligible to take any portion of the
2196 licensure examination.
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2197 (3) The initial license fee shall not exceed $100.
2198 (4) The biennial renewal fee shall not exceed $150.
2199 (5) The fee for a certificate of authorization shall not
2200 exceed $350 and the fee for renewal of the certificate shall not
2201 e}cceed $350.
2202 (5)+6+- The fee for reactivation of an inactive license may
2203 shall not exceed $50.
2204 J.£1+7+ The fee for a provisional license may shall not
2205 exceed $400.
2206 (7)-f&+- The fee for application, examination, and licensure
2207 for a license by endorsement is shall be as provided in this
2208 section for licenses in general.
2209 Section 87. Subsection (1) of section 492.108, Florida
2210 Statutes, is amended to read:
2211 492.108 Licensure by endorsement; requirements; fees.-
2212 (1) The department shall issue a license by endorsement to
2213 any applicant who, upon applying to the department and remitting
2214 an application fee, has been certified by the board that he or
2215 she:
2216 (a) Has met the qualifications for licensure ins.
2217 492.105(1) (b)-(e) and:-.
2218 l..:_-fb-t Is the holder of an active license in good standing
2219 in a state, trust, territory, or possession of the United
2220 States.
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2221 2.-+e+- Was licensed through written examination in at least
2222 one state, trust, territory, or possession of the United States,
2223 the examination requirements of which have been approved by the
2224 board as substantially equivalent to or more stringent than
2225 those of this state, and has received a score on such
2226 examination which is equal to or greater than the score required
2227 by this state for licensure by examination.
2228 3.-fa+ Has taken and successfully passed the laws and rules
2229 portion of the examination required for licensure as a
2230 professional geologist in this state.
2231 (b) Has held a valid license to practice geology in
2232 another state, trust, territory, or possession of the United
2233 States for at least 10 years before the date of application and
2234 has successfully completed a state, regional, national, or other
2235 examination that is equivalent to or more stringent than the
2236 examination required by the department. If such applicant has
2237 met the requirements for a license by endorsement except
2238 successful completion of an examination that is equivalent to or
2239 more stringent than the examination required by the board, such
2240 applicant may take the examination required by the board. Such
2241 application must be submitted to the board while the applicant
2242 holds a valid license in another state or territory or within 2
2243 years after the expiration of such license.
2244 Section 88. Section 492.111, Florida Statutes, is amended
2245 to read:
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2246 492.111 Practice of professional geology by a firm,
2247 corporation, or partnership; certificate of authorization.-The
2248 practice of, or offer to practice, professional geology by
2249 individual professional geologists licensed under the provisions
2250 of this chapter through a firm, corporation, or partnership
2251 offering geological services to the public through individually
2252 licensed professional geologists as agents, employees, officers,
2253 or partners thereof is permitted subject to the provisions of
2254 this chapter, if provided that:
2255 (1) At all times that it offers geological services to the
2256 public, the firm, corporation, or partnership is qualified by
2257 has on file with the department the name and license number of
2258 one or more individuals who hold a current, active license as a
2259 professional geologist in the state and are serving as a
2260 geologist of record for the firm, corporation, or partnership. A
2261 geologist of record may be any principal officer or employee of
2262 such firm or corporation, or any partner or employee of such
2263 partnership, who holds a current, active license as a
2264 professional geologist in this state, or any other Florida-
2265 licensed professional geologist with whom the firm, corporation,
2266 or partnership has entered into a long-term, ongoing
2267 relationship, as defined by rule of the board, to serve as one
2268 of its geologists of record. It shall be the responsibility of
2269 the firm, corporation, or partnership and The geologist of
2270 record shall -t-e notify the department of any changes in the
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Amendment No. 1
2271 relationship or identity of that geologist of record within 30
2272 days after such change.
2273 (2) The firm, corporation, or partnership has been issued
2274 a certificate of authorization by the department as provided in
2275 this chapter. For purposes of this section, a certificate of
2276 authorization shall be required of any firm, corporation,
2277 partnership, association, or person practicing under a
2278 fictitious name and offering geological services to the public;
2279 except that, when an individual is practicing professional
2280 geology in her or his own name, she or he shall not be required
2281 to obtain a certificate of authorization under this section.
2282 Such certificate of authorization shall be renewed every 2
2283 years.
2284 J.11-f-3+ All final geological papers or documents involving
2285 the practice of the profession of geology which have been
2286 prepared or approved for the use of such firm, corporation, or
2287 partnership, for delivery to any person for public record with
2288 the state, shall be dated and bear the signature and seal of the
2289 professional geologist or professional geologists who prepared
2290 or approved them.
2291 Jll-f4+ Except as provided ins. 558.0035, the fact that a
2292 licensed professional geologist practices through a corporation
2293 or partnership does not relieve the registrant from personal
2294 liability for negligence, misconduct, or wrongful acts committed
2295 by her or him. The partnership and all partners are jointly and
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Amendment No. 1
2296 severally liable for the negligence, misconduct, or wrongful
2297 acts committed by their agents, employees, or partners while
2298 acting in a professional capacity. Any officer, agent, or
2299 employee of a corporation is personally liable and accountable
2300 only for negligent acts, wrongful acts, or misconduct committed
2301 by her or him or committed by any person under her or his direct
2302 supervision and control, while rendering professional services
2303 on behalf of the corporation. The personal liability of a
2304 shareholder of a corporation, in her or his capacity as
2305 shareholder, may be no greater than that of a shareholder-
2306 employee of a corporation incorporated under chapter 607. The
2307 corporation is liable up to the full value of its property for
2308 any negligent acts, wrongful acts, or misconduct committed by
2309 any of its officers, agents, or employees while they are engaged
2310 on behalf of the corporation in the rendering of professional
2311 services.
2312 (5) The firm, corporation, or partnership desiring a
2313 certificate of authorization shall file with the department an
2314 application therefor, upon a form to be prescribed by the
2315 department, accompanied by the required application fee.
2316 (6) The department may refuse to issue a certificate of
2317 authorization if any facts exist which would entitle the
2318 department to suspend or revoke an el{isting certificate of
2319 authorization or if the department, after giving persons
2320 involved a full and fair hearing, determines that any of the
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Amendment No. 1
2321 officers or directors of said firm or corporation, or partners
2322 of said partnership, have violated the provisions of s. 492.113.
2323 Section 89. Subsection (4) of section 492.113, Florida
2324 Statutes, is amended to read:
2325 492.113 Disciplinary proceedings.-
2326 (4) The department shall reissue the license of a
2327 disciplined professional geologist or business upon
2328 certification by the board that the disciplined person has
2329 complied with all of the terms and conditions set forth in the
2330 final order.
2331 Section 90. Section 492.115, Florida Statutes, is amended
2332 to read:
2333 492.115 Roster of licensed professional geologists.-A
2334 roster showing the names and places of business or residence of
2335 all licensed professional geologists and all properly qualified
2336 firms, corporations, or partnerships practicing holding
2337 certificates of authorization to practice professional geology
2338 in the state shall be prepared annually by the department. A
2339 copy of this roster must be made available to shall be
2340 obtainable by each licensed professional geologist and each
2341 firm, corporation, or partnership qualified by a professional
2342 geologist holding a certificate of authorization, and copies
2343 thereof shall be placed on file with the department.
2344 Section 91. Section 509.102, Florida Statutes, is created
2345 to read:
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Amendment No. 1
2346 509.102 Mobile food dispensing vehicles.-
2347 (1) As used in this section, the term:
2348 (a) "Division" means the Division of Hotels and
2349 Restaurants of the Department of Business and Professional
2350 Regulation.
2351 (b) "Mobile food dispensing vehicle" means any vehicle-
2352 mounted public food service establishment which is self-
2353 propelled or otherwise movable from place to place and includes
2354 self-contained utilities, including, but not limited to, gas,
2355 water, electricity, and liquid waste disposal.
2356 (2) A municipality, county, or other local government
2357 entity may not:
2358 (a) Require a separate license, registration, or permit
2359 beyond those established by the division under s. 509.241 as a
2360 condition for the mobile food dispensing vehicle's operation
2361 within the jurisdiction.
2362 (b) Require a separate license, registration, or permit
2363 fee beyond those established by the division under s. 509.251 as
2364 a condition for the mobile food dispensing vehicle's operation
2365 within the jurisdiction.
2366 (c) Prohibit mobile food dispensing vehicles from
2367 operating within the jurisdiction.
2368 (3) Nothing in this section prevents a municipality,
2369 county, or other local government from requiring:
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Amendment No. 1
2370 1. A mobile food dispensing vehicle operator to comply
2371 with local zoning requirements.
2372 2. A one-time vendor fee associated with a special event
2373 that the municipality, county, or local government is
2374 coordinating.
2375 Section 92. Paragraph (i) of subsection (2) of section
2376 548.003, Florida Statutes, is amended to read:
2377 548.003 Florida State Boxing Commission.-
2378 (2) The Florida State Boxing Commission, as created by
2379 subsection (1), shall administer the provisions of this chapter.
2380 The commission has authority to adopt rules pursuant toss.
2381 120.536(1) and 120.54 to implement the provisions of this
2382 chapter and to implement each of the duties and responsibilities
2383 conferred upon the commission, including, but not limited to:
2384 (i) Designation and duties of a knockdown timekeeper.
2385 Section 93. Subsection (1) of section 548.017, Florida
2386 Statutes, is amended to read:
2387 548.017 Participants, managers, and other persons required
2388 to have licenses.-
2389 (1) A participant, manager, trainer, second, timekeeper,
2390 referee, judge, announcer, physician, matchmaker, or promoter
2391 must be licensed before directly or indirectly acting in such
2392 capacity in connection with any match involving a participant. A
2393 physician approved by the commission must be licensed pursuant
2394 to chapter 458 or chapter 459, must maintain an unencumbered
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2395 license in good standing, and must demonstrate satisfactory
2396 medical training or experience in boxing, or a combination of
2397 both, to the executive director before working as the ringside
2398 physician.
2399 Section 94. Paragraph (d) of subsection (1) of section
2400 553.5141, Florida Statutes, is amended to read:
2401 553.5141 Certifications of conformity and remediation
2402 plans.-
2403 (1) For purposes of this section:
2404 ( d) "Qualified expert" means:
2405 1. An engineer licensed pursuant to chapter 471.
2406 2. A certified general contractor licensed pursuant to
2407 chapter 489.
2408 3. A certified building contractor licensed pursuant to
2409 chapter 489.
2410 4. A building code administrator licensed pursuant to
2411 chapter 468.
2412 5. A building inspector licensed pursuant to chapter 468.
2413 6. A plans examiner licensed pursuant to chapter 468.
2414 7. An interior designer registered licensed pursuant to
2415 chapter 481.
2416 8. An architect licensed pursuant to chapter 481.
2417 9. A landscape architect licensed pursuant to chapter 481.
2418 10. Any person who has prepared a remediation plan related
2419 to a claim under Title III of the Americans with Disabilities
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2420 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2421 court in a settlement agreement or court proceeding, or who has
2422 been qualified as an expert in Title III of the Americans with
2423 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2424 Section 95. Effective January 1, 2021, subsection (1) of
2425 section 553.74, Florida Statutes, is amended to read:
2426 553.74 Florida Building Commission.-
2427 (1) The Florida Building Commission is created and located
2428 within the Department of Business and Professional Regulation
2429 for administrative purposes. Members are appointed by the
2430 Governor subject to confirmation by the Senate. The commission
2431 is composed of 19 ~ members, consisting of the following
2432 members:
2433 (a) One architect licensed under chapter 481 with at least
2434 5 years of experience in the design and construction of
2435 buildings designated for Group E or Group I occupancies by the
2436 Florida Building Code registered to practice in this state and
2437 actively engaged in the profession. The American Institute of
2438 Architects, Florida Section, is encouraged to recommend a list
2439 of candidates for consideration.
2440 (b) One structural engineer registered to practice in this
2441 state and actively engaged in the profession. The Florida
2442 Engineering Society is encouraged to recommend a list of
2443 candidates for consideration.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2444 (c) One air-conditioning contractor, e-r mechanical
2445 contractor, or mechanical engineer certified to do business in
2446 this state and actively engaged in the profession. The Florida
2447 Air Conditioning Contractors Association, the Florida
2448 Refrigeration and Air Conditioning Contractors Association, afiEi
2449 the Mechanical Contractors Association of Florida, and the
2450 Florida Engineering Society are encouraged to recommend a list
2451 of candidates for consideration.
2452 (d) One electrical contractor or electrical engineer
2453 certified to do business in this state and actively engaged in
2454 the profession. The Florida Association of Electrical
2455 ContractorsL afiEi the National Electrical Contractors
2456 Association, Florida Chapter, and the Florida Engineering
2457 Society are encouraged to recommend a list of candidates for
2458 consideration.
2459 (e) One member from fire protection engineering or
2460 technology who is actively engaged in the profession. The
2461 Florida Chapter of the Society of Fire Protection Engineers and
2462 the Florida Fire Marshals and Inspectors Association are
2463 encouraged to recommend a list of candidates for consideration.
2464 ~-f-f-t One certified general contractor or one certified
2465 building contractor certified to do business in this state and
2466 actively engaged in the profession. The Associated Builders and
2467 Contractors of Florida, the Florida Associated General
2468 Contractors Council, the Florida Home Builders Association, and
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Bill No. HB 1193 (2020)
Amendment No. 1
2469 the Union Contractors Association are encouraged to recommend a
2470 list of candidates for consideration.
2471 J..!l-RJ+ One plumbing contractor licensed to do business in
2472 this state and actively engaged in the profession. The Florida
2473 Association of Plumbing, Heating, and Cooling Contractors is
2474 encouraged to recommend a list of candidates for consideration.
2475 i.91._-BH- One roofing or sheet metal contractor certified to
2476 do business in this state and actively engaged in the
2477 profession. The Florida Roofing, Sheet Metal, and Air
2478 Conditioning Contractors Association and the Sheet Metal and Air
2479 Conditioning Contractors' National Association are encouraged to
2480 recommend a list of candidates for consideration.
2481 J..bl-f-±+ One certified residential contractor licensed to do
2482 business in this state and actively engaged in the profession.
2483 The Florida Home Builders Association is encouraged to recommend
2484 a list of candidates for consideration.
2485 J.il-f-1+ Three members who are municipal, county, or
2486 district codes enforcement officials, one of whom is also a fire
2487 official. The Building Officials Association of Florida and the
2488 Florida Fire Marshals and Inspectors Association are encouraged
2489 to recommend a list of candidates for consideration.
2490 (k) One member who represents the Department of Financial
2491 Services.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2492 ( l) One member who is a county codes enforcement official.
2493 The Building Officials ~ssociation of Florida is encouraged to
2494 recommend a list of candidates for consideration.
2495 J.il-fmt One member of a Florida-based organization of
2496 persons with disabilities or a nationally chartered organization
2497 of persons with disabilities with chapters in this state which
2498 complies with or is certified to be compliant with the
2499 requirements of the Americans with Disability Act of 1990, as
2500 amended.
2501 ~-ffl-t One member of the manufactured buildings industry
2502 who is licensed to do business in this state and is actively
2503 engaged in the industry. The Florida Manufactured Housing
2504 Association is encouraged to recommend a list of candidates for
2505 consideration.
2506 (o) One mechanical or electrical engineer registered to
2507 practice in this state and actively engaged in the profession.
2508 The Florida Engineering Society is encouraged to recommend a
2509 list of candidates for consideration.
2510 (p) One member who is a representative of a municipality
2511 or a charter county. The Florida League of Cities and the
2512 Florida Association of Counties are encouraged to recommend a
2513 list of candidates for consideration.
2514 Jll~ One member of the building products manufacturing
2515 industry who is authorized to do business in this state and is
2516 actively engaged in the industry. The Florida Building Material
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Bill No. HB 1193 (2020)
Amendment No. 1
2517 Association, the Florida Concrete and Products Association, and
2518 the Fenestration Manufacturers Association are encouraged to
2519 recommend a list of candidates for consideration.
2520 (m)-f-r-t One member who is a representative of the building
2521 owners and managers industry who is actively engaged in
2522 commercial building ownership or management. The Building Owners
2523 and Managers Association is encouraged to recommend a list of
2524 candidates for consideration.
2525 (n)+s+ One member who is a representative of the insurance
2526 industry. The Florida Insurance Council is encouraged to
2527 recommend a list of candidates for consideration.
2528 (t) One member who is a representative of public
2529 education.
2530 J..Ql_-f-u+- One member who is a swimming pool contractor
2531 licensed to do business in this state and actively engaged in
2532 the profession. The Florida Swimming Pool Association and the
2533 United Pool and Spa Association are encouraged to recommend a
2534 list of candidates for consideration.
2535 J..El_-f-¥+- One member who is a representative of the green
2536 building industry and who is a third-party commission agent, a
2537 Florida board member of the United States Green Building Council
2538 or Green Building Initiative, a professional who is accredited
2539 under the International Green Construction Code (IGCC), or a
2540 professional who is accredited under Leadership in Energy and
2541 Environmental Design (LEED).
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Bill No. HB 1193 (2020)
Amendment No. 1
2542 J__gl-f-w+- One member who is a representative of a natural gas
2543 distribution system and who is actively engaged in the
2544 distribution of natural gas in this state. The Florida Natural
2545 Gas Association is encouraged to recommend a list of candidates
2546 for consideration.
2547 (n) One member who is a representative of the Department
2548 of Agriculture and Consumer Services' Office of Energy. The
2549 Coffiffiissioner of ~griculture is encouraged to recoffiffiend a list of
2550 candidates for consideration.
2551 (y) One member who shall be the chair.
2552 Section 96. Subsection (7) of section 558.002, Florida
2553 Statutes, is amended to read:
2554 558.002 Definitions.-As used in this chapter, the term:
2555 ( 7) "Design professional" means a person, as defined in s.
2556 1.01, licensed or registered in this state as an architect,
2557 interior designer, landscape architect, engineer, surveyor, or
2558 geologist.
2559 Section 97. Subsection (5) is added to section 823.15,
2560 Florida Statutes, to read:
2561 823.15 Dogs and cats released from animal shelters or
2562 animal control agencies; sterilization requirement.-
2563 (5) (a) Employees, agents, or contractors of a public or
2564 private animal shelter, a humane organization, or an animal
2565 control agency operated by a humane organization or by a county,
2566 municipality, or other incorporated political subdivision may
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2567 implant dogs and cats with a radio frequency identification
2568 microchip device as part of their work with such public or
2569 private animal shelter, humane organization, or animal control
2570 agency.
2571 (b) Notwithstanding s. 474.2165, employees, agents, or
2572 contractors of a public or private animal shelter, a humane
2573 organization, or an animal control agency operated by a humane
2574 organization or by a county, municipality, or other incorporated
2575 political subdivision may contact the owner of record listed on
2576 a radio frequency identification microchip device to verify pet
2577 ownership.
2578 Section 98. Except as otherwise expressly provided in this
2579 act, this act shall take effect July 1, 2020.
2580
2581
2582 TITLE AMENDMENT
2583 Remove everything before the enacting clause and insert:
2584 An act relating to the deregulation of professions and
2585 occupations; providing a short title; amending s.
2586 287.055, F.S.; conforming provisions to changes made
2587 by the act; amending s. 322.57, F.S.; defining the
2588 term "servicemember"; requiring the Department of
2589 Highway Safety and Motor Vehicles to waive certain
2590 commercial driver license requirements for
2591 servicemembers and veterans under certain
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Bill No. HB 1193 (2020)
Amendment No. 1
2592 circumstances; requiring rulemaking; amending s.
2593 326.004, F.S.; deleting the requirement for a yacht
2594 broker to maintain a separate license for each branch
2595 office; deleting the requirement for the division to
2596 establish a fee; amending s. 447.02, F.S.; conforming
2597 provisions to changes made by the act; repealing ss.
2598 447.04, 447.041, 447.045, and 447.046, F.S., relating
2599 to licensure and permit requirements for business
2600 agents, hearings for persons or labor organizations
2601 denied licensure as a business agent, confidential
2602 information obtained during the application process,
2603 and required registration of labor organizations,
2604 respectively; amending s. 447.09, F.S.; deleting
2605 certain prohibited actions relating to the right of
2606 franchise of a member of a labor organization;
2607 repealing ss. 447.12 and 447.16, F.S., relating to
2608 registration fees and applicability; amending s.
2609 447.305, F.S.; deleting a provision that requires
2610 notification of registrations and renewals to the
2611 department; amending s. 455.213, F.S.; requiring the
2612 Department of Business and Professional Regulation or
2613 a board to seek reciprocal licensing agreements with
2614 other states under certain circumstances; providing
2615 requirements; creating s. 455.2278, F.S.; providing
2616 definitions; prohibiting the department or a board
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2617 from suspending or revoking a person's license solely
2618 on the basis of a delinquency or default in the
2619 payment of his or her student loan; prohibiting the
2620 department or a board from suspending or revoking a
2621 person's license solely on the basis of a default in
2622 satisfying the requirements of his or her work-
2623 conditional scholarship; amending s. 468.401, F.S.;
2624 revising definitions; repealing ss. 468.402, 468.403,
2625 468.404, and 468.405, F.S., relating to duties and
2626 authority of the Department of Business and
2627 Professional Regulation with regard to licensure of
2628 talent agencies, licensure requirements, license fees
2629 and renewals, and qualification for a talent agency
2630 license, respectively; amending s. 468.406, F.S.;
2631 requiring an owner or operator of a talent agency to
2632 post an itemized schedule of fees, charges, and
2633 commissions in a specified place; repealing s.
2634 468.407, F.S., relating to the form and posting
2635 requirements for a license; amending s. 468.408, F.S.;
2636 conforming provisions to changes made by the act;
2637 prohibiting certain bonds from being issued or renewed
2638 by a bonding agency to an owner or operator of a
2639 talent agency unless the bonding agency verifies that
2640 each owner or operator has not been convicted of
2641 specified crimes; amending s. 468.409, F.S.; deleting
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Bill No. HB 1193 (2020)
Amendment No. 1
2642 a requirement for record inspection; amending s.
2643 468.410, F.S.; deleting a requirement to include
2644 specified information in a contract between a talent
2645 agency and applicant; amending s. 468.412, F.S.;
2646 deleting recordkeeping and posting requirements;
264 7 amending s. 468.413, F.S.; revising criminal
2648 penalties; conforming provisions to changes made by
264 9 the act; repealing s. 468.414, F.S., relating to the
2650 deposit of certain funds in the Professional
2651 Regulation Trust Fund; amending s. 468.415, F.S.;
2652 prohibiting any agent, owner, or operator who commits
2653 sexual misconduct in the operation of a talent agency
2654 from acting as an agent, owner, or operator of a
2655 Florida talent agency; amending s. 468.505, F.S.;
2656 providing that certain unlicensed persons are not
2657 prohibited or restricted from his or her practice,
2658 services, or activities in dietetics and nutrition
2659 under certain circumstances; amending 468.524, F.S.;
2660 deleting specified exemptions from the time
2661 restriction for an employee leasing company to reapply
2662 for licensure; amending s. 468.603, F.S.; revising a
2663 definition; amending s. 468.609, F.S.; revising
2664 certain experience requirements for a person to take
2665 the examination for certification; revising the time
2666 period a provisional certificate is valid; amending s.
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Bill No. HB 1193 (2020)
Amendment No. 1
2667 468.613, F.S.; providing for waiver of specified
2668 requirements for certification under certain
2669 circumstances; amending s. 468.8314, F.S.; requiring
2670 an applicant for a license by endorsement to maintain
2671 a specified insurance policy; requiring the department
2672 to certify an applicant who holds a specified license
2673 issued by another state or territory of the United
2674 States under certain circumstances; amending s.
2675 471.015, F.S.; revising licensure requirements for
2676 engineers who hold specified licenses in another
2677 state; amending s. 473.308, F.S.; deleting continuing
2678 education requirements for license by endorsement for
267 9 certified public accountants; amending s. 474.202,
2680 F.S.; revising the definition of the term "limited-
2681 service veterinary medical practice" to include
2682 certain vaccinations or immunizations; amending s.
2683 474.203, F.S.; providing an exemption for a person
2684 whose work is solely confined to microchip
2685 implantation in dogs and cats; amending s. 474.207,
2686 F.S.; revising education requirements for licensure by
2687 examination; amending s. 474.217, F.S.; requiring the
2688 Department of Business and Professional Regulation to
2689 issue a license by endorsement to certain applicants
2690 who successfully complete a specified examination;
2691 amending s. 476.114, F.S.; revising training
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2692 requirements for licensure as a barber; amending s.
2693 476.144, F.S.; requiring the department to license an
2694 applicant who is licensed to practice barbering in
2695 another state; amending s. 477.013, F.S.; revising the
2696 definition of the term "hair braiding"; repealing s.
2697 477.0132, F.S., relating to registration for hair
2698 braiding, hair wrapping, and body wrapping; amending
2699 s. 477.0135, F.S.; providing additional exemptions
2700 from license or registration requirements for
2701 specified occupations,or practices; amending s.
2702 477.019, F.S.; conforming provisions to changes made
2703 by the act; amending s. 477.0201, F.S.; providing
2704 requirements for registration as a specialist;
2705 amending s. 477.026, F.S.; conforming provisions to
2706 changes made by the act; amending s. 477.0263, F.S.;
2707 authorizing certain persons to perform specified
2708 cosmetology services in a location other than a
2709 licensed salon under certain circumstances; amending
2710 ss. 477.0265 and 477.029, F.S.; conforming provisions
2711 to changes made by the act; amending s. 481.201, F.S.;
2712 deleting legislative findings relating to the practice
2713 of interior design; amending s. 481.203, F.S.;
2714 revising definitions; amending s. 481.205, F.S.;
2715 conforming provisions to changes made by the act;
2716 amending s. 481.207, F.S.; revising certain fees for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2717 interior designers; amending s. 481.209, F.S.;
2718 providing requirements for a certificate of
2719 registration and a seal for interior designers;
2720 conforming provisions to changes made by the act;
2721 amending s. 481.213, F.S.; revising requirements for
2722 certification of licensure by endorsement for certain
2723 licensees to engage in the practice of architecture;
2724 providing that registration is not required for
2725 specified persons to practice; amending s. 481.2131,
2726 F.S.; requiring certain interior designers to include
2727 a specified seal when submitting documents for the
2728 issuance of a building permit; amending s. 481.215,
2729 F.S.; revising the number of hours of specified
2730 courses the board must require for the renewal of a
2731 license or certificate of registration; authoring
2732 licensees to complete certain courses online; amending
2733 s. 481.217, F.S.; conforming provisions to changes
2734 made by the act; amending s. 481.219, F.S.; deleting
2735 provisions permitting the practice of or offer to
2736 practice interior design through certain business
2737 organizations; deleting provisions requiring
2738 certificates of authorization for certain business
2739 organizations offering interior design services to the
2740 public; requiring a licensee or applicant in the
2741 practice of architecture to qualify a business
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2742 organization; providing requirements; amending
2743 481.221, F.S.; requiring registered architects and
2744 certain business organizations to display their
2745 license number in specified advertisements; amending
2746 s. 481.223, F.S.; providing construction; amending s.
2747 481.2251, F.S.; revising acts that constitute grounds
2748 for disciplinary actions relating to interior
2749 designers; amending ss. 481.229 and 481.231, F.S.;
2750 conforming provisions to changes made by the act;
2751 amending s. 481.303, F.S.; deleting the definition of
2752 the term "certificate of authorization"; amending s.
2753 481.310, F.S.; providing that an applicant who holds a
2754 specified degree is not required to demonstrate 1 year
2755 of practical experience for licensure; amending s.
2756 481.311, F.S.; requiring the Board of Landscape
2757 Architecture to certify an applicant who holds a
2758 specified license issued by another state or territory
2759 of the United States under certain circumstances;
2760 conforming provisions; amending s. 481.313, F.S.;
2761 authorizing a landscape architect to receive hour-for-
2762 hour credit for certain approved continuing education
2763 courses under certain circumstances; 481.317, F.S.;
27 64 conforming provisions; amending s. 481.319, F.S.;
2765 deleting the requirement for a certificate of
2766 authorization; authorizing landscape architects to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2767 practice through a corporation or partnership;
2768 amending s. 481.321, F.S.; requiring a landscape
2769 architect to display their certificate number in
2770 specified advertisements; amending s. 481.329, F.S.;
2771 conforming a cross-reference; amending s. 489.103,
2772 F.S.; revising certain contract prices for exemption;
2773 amending s. 489.111, F.S.; providing that an applicant
2774 who is exempt from a specified examination is eligible
2775 for licensure; amending s. 489.113, F.S.; providing
2776 that an applicant holding a specified degree does not
2777 have to pass a certain examination; amending s.
2778 489.115, F.S.; requiring the Construction Industry
2779 Licensing Board to certify any applicant who holds a
2780 specified license to practice contracting issued by
2781 another state or territory of the United States under
2782 or certain persons licensed by endorsement or
2783 reciprocity under certain circumstances; amending s.
2784 489.511, F.S.; requiring the board to certify as
2785 qualified for certification by endorsement any
2786 applicant who holds a specified license to practice
2787 electrical or alarm system contracting issued by
2788 another state or territory of the United States under
2789 certain circumstances; amending s. 489.517, F.S.;
2790 providing a reduction in certain continuing education
2791 hours required for certain contractors; amending s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2792 489.518, F.S.; requiring a person to have completed a
2793 specified amount of training within a certain time
2794 period to perform the duties of an alarm system agent;
2795 amending s. 492.104, F.S.; conforming provisions to
2796 changes made by the act; amending 492.108, F.S.;
2797 requiring the department to issue a license by
2798 endorsement to any applicant who has held a specified
2799 license to practice geology in another state,
2800 territory, or possession of the United States for a
2801 certain period of time; providing that an applicant
2802 may take the examination required by the board if they
2803 have not met the specified examination requirement;
2804 amending s. 492.111, F.S.; deleting the requirements
2805 for a certificate of authorization for a professional
2806 geologist; amending ss. 492.113 and 492.115, F.S.;
2807 conforming provisions; creating s. 509.102, F.S.;
2808 providing a definition for the term "mobile food
2809 dispensing vehicles"; prohibiting a municipality,
2810 county, or other local government entity from
2811 requiring a separate license, registration, or permit
2812 or fee or from operating within the jurisdiction;
2813 providing applicability; amending s. 548.003, F.S.;
2814 deleting the requirement that the Florida State Boxing
2815 Commission adopt rules relating to a knockdown
2816 timekeeper; amending s. 548.017, F.S.; deleting the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1193 (2020)
Amendment No. 1
2817 licensure requirement for a timekeeper or announcer;
2818 amending s. 553.5141, F.S.; conforming provisions to
2819 changes made by the act; amending s. 553.74, F.S.;
2820 revising the membership and qualifications of the
2821 Florida Building Commission; amending ss. 553.79 and
2822 558.002, F.S.; conforming provisions to changes made
2823 by the act; amending s. 823.15, F.S.; authorizing
2824 certain persons to implant dogs and cats with
2825 specified radio frequency identification devices under
2826 certain circumstances; authorizing such persons to
2827 contact the owner of record listed on such devices;
2828 providing effective dates.
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:::c
--
l]J
N
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1211 Reinsurance
SPONSOR(S): Jones
TIED BILLS: IDEN./SIM. BILLS: SB 1376
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 13 Y, 0 N Fortenberry Cooper
2) Government Operations & Technology 11 Y, 0 N Helpling Topp
Appropriations Subcommittee
3) Commerce Committee Fortenber
SUMMARY ANALYSIS
Reinsurance is a transaction between a primary insurer (ceding insurer) and a reinsurer (assuming insurer)
whereby the assuming insurer agrees to cover all or part of the ceding insurer's losses or loss adjustment
expenses in exchange for a premium. Because of the impact of hurricanes in Florida, the catastrophe
protection provided by reinsurance is a significant reason for ceding insurers' purchase of reinsurance within
the state. Most reinsurance that United States' (U.S.) ceding insurers acquire is placed with non-U.S.
assuming insurers. Because state insurance regulators do not regulate non-U.S. insurers or assuming
insurers, the purchase of reinsurance by Florida insurers from such non-U.S. companies provides concern and
challenges for state insurance regulators. Depending on their status within Florida, assuming insurers may be
authorized or unauthorized. When an assuming insurer is an unauthorized assuming insurer within Florida, the
Florida Office of Insurance Regulation (OIR) does not have direct regulatory authority over that assuming
insurer. In order to exercise some indirect regulatory authority over these assuming insurers, OIR limits the
ceding insurer's credit for reinsurance unless the assuming insurer posts acceptable collateral or security in the
amount of the assuming insurer's obligations under the reinsurance agreement. Credit for reinsurance means
that a ceding insurer is permitted under statutory accounting rules to recognize the reinsurance as an asset or
as a deduction from liability for the amount of the ceded liability or risk transferred.
The bill amends the reinsurance law to add criteria that an assuming insurer must meet in order for a ceding
insurer to be given credit for reinsurance ceded to that assuming insurer. These criteria include having its
principal office or its domicile and being licensed in, a reciprocal jurisdiction, maintain minimum capital and
surplus, meeting minimum solvency or capital ratios, providing prompt notice to OIR if it falls below minimum
requirements or has legal action taken against it, meeting certain other written requirements, responding to
OIR's document requests, and maintaining a practice of prompt payment of claims. The bill requires that an
assuming insurer's regulatory authority confirm to OIR, on an annual basis, that the assuming insurer has
complied with the capital and surplus requirements and solvency or capital ratio requirements set forth in the
bill. It also establishes that a ceding insurer may only take credit for reinsurance agreements entered into,
amended, or renewed on or after the date at which the assuming insurer has met the mandatory criteria set
forth within the bill. Credit may only be taken for losses incurred and reserves reported on or after the later of
the date upon which the assuming insurer has met these requirements or has entered into a new reinsurance
agreement, amendment, or renewal with the ceding insurer. Additionally, OIR may suspend or revoke the
assuming insurer's eligibility if the assuming insurer does not continue to meet the mandatory criteria as
specified in the bill.
The bill has no impact on state or local government revenues or expenditures. It has no known direct
economic impact on the private sector.
The bill has an effective date of January 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1211d.COM.DOCX
DATE: 2/18/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Reinsurance
Reinsurance is a transaction between a ceding insurer1 and an assuming insurer whereby the
assuming insurer agrees to cover all or part of the ceding insurer's losses or loss adjustment expenses
in exchange for a premium. The purposes of reinsurance include increasing capacity, stabilizing
underwriting results, financing, providing catastrophe protection, withdrawing from a line or class of
business, spreading risk, and obtaining expertise. 2 Because of the impact of hurricanes in Florida, the
catastrophe protection provided by reinsurance is a significant reason for ceding insurers' purchase of
reinsurance within the state. While the purchase of reinsurance creates a contractual relationship
between the ceding insurer and the assuming insurer, it does not modify the relationship between the
ceding insurer and its policyholders. 3 Therefore, the ceding insurer remains obligated to pay
policyholder claims and only the ceding insurer may recover from the assuming insurer unless an
applicable reinsurance contract specifies otherwise. 4
Most reinsurance that United States' ceding insurers acquire is placed with non-United States
assuming insurers. In fact, in 2018, offshore and non-U.S.-owned 5 assuming insurers assumed 88.9
percent of insurance premiums ceded by United States' insurers. 6 The availability of non-U.S.
reinsurance contributes to global diversification of risk, provides claims relief to United States insurers,
and mitigates the financial impact of catastrophes. 7 Even though reinsurance provides benefits,
because the United States state insurance regulators do not regulate non-U.S. insurers or assuming
insurers, the purchase of reinsurance by United States insurers from such non-U.S. companies
provides concern and challenges for state insurance regulators.
Regulation of Reinsurance
Direct Regulation of Authorized Assuming insurers and Credit for Reinsurance
Regulations and requirements for reinsurance transactions in Florida are provided ins. 624.610, F.S.,
and ch. 690-144, F.A.C. The Florida Office of Insurance Regulation (OIR) 8 , directly regulates
authorized assuming insurers 9 who are domiciled and licensed in Florida and assuming insurers
licensed in Florida who are domiciled in other states. 10 Under current law, a Florida insurer cedes
reinsurance to an assuming insurer who is authorized to transact insurance or reinsurance in Florida,
1 National Association oflnsurance Commissioners, https://content.naic.org/consumer glossary.htm#R (last visited January 24,
2020). A ceding insurer is an insurer that transfers risk assumed from policyholders to an assuming insurer. The ceding insurer and
assuming insurer may also be referred to as the primary insurer and the reinsurer, respectively. Reinsurance is also colloquially
referred to as "insurance for insurers" because of the risk transfer from one insurer to another.
2
National Association of Insurance Commissioners, https://content.naic.org/cipr topics/topic reinsurance.htm (last visited January
24, 2020).
3
See IRMI, In Defense of Reinsurance, https://www.irmi.com/articles/expert-commentary/in-defense-of-reinsurance (last visited
January 24, 2020).
4 Id.
5
In the insurance context, a company formed under laws other than those of a United States jurisdiction is known as an alien insurer.
Sees. 624.06, F.S.
6
Reinsurance Associaton of America, Offshore Reinsurance in the US Market: 2018 Data,
https://www.reinsurance.org/RAA/Industry Data Center/Offshore/ Report 2018 Data.html (last visited January 24, 2020).
7 International Association of Insurance Supervisors, Reinsurance and Financial Stability,
https://www.iaisweb.org.file/34046/reinsurance-and-financial-stability (last visited January 24, 2020).
8
OIR is also referred to as the office in various statutes.
9
Authorized assuming insurers are licensed or accredited to provide reinsurance in a particular state. Sees. 624.610, F.S.
10
S. 624.610, F.S.
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and meets other specified requirements, the ceding insurer is permitted to take credit for that
reinsurance on its books. 11
Indirect Regulation of Unauthorized Assuming insurers and Credit for Reinsurance
When an assuming insurer is not an authorized assuming insurer within Florida, OIR does not have
direct regulatory authority over that assuming insurer. Pursuant to s. 624.610, F.S., and in order to
exercise some indirect regulatory authority over these assuming insurers, OIR limits the ceding
insurer's credit for reinsurance unless the assuming insurer posts acceptable collateral or security in
the amount of the assuming insurer's obligations under the reinsurance agreement. 12
National Association of Insurance Commissioners
National Association of Insurance Commissioners Authority, Accreditation, and Model Laws
The National Association of Insurance Commissioners (NAIC) is a "standard-setting and regulatory
support organization created and governed by the chief insurance regulators from the 50 states, the
District of Columbia, and five U.S. territories." 13 While the NAIC does not have actual regulatory
authority, it allows state regulators to establish standards and best practices, to engage in peer review,
and to coordinate regulatory oversight.
The NAIC also maintains an accreditation program that considers key financial authorities and
responsibilities of state insurance regulators that warrant national consistency among jurisdictions in
order to improve oversight of multi-state insurers and reduce the cost of inefficiencies that is passed on
to policyholders. 14 As of November 2019, all 50 states, the District of Columbia and Puerto Rico were
all accredited by the NAIC. 15
The NAIC develops model laws and regulations to promote uniformity among jurisdictions and to
balance the needs of insurers operating in multiple jurisdiction with those of the applicable regulatory
frameworks. 16 The model laws are considered best practices for insurance regulation and the
accreditation program requires compliance with certain model laws, including those that are solvency
related.17
Credit for Reinsurance Model Law and Regulation and the Covered Agreement
Among the NAIC model laws and regulations that have become part of the accreditation standards are
the Credit for Reinsurance Model Law #785 and Credit for Reinsurance Model Regulation #786
(MLMR), amendments to which are designed to modernize reinsurance regulation in the United
States. 18
11
Credit for reinsurance means that a ceding insurer is permitted under statutory accounting rules to recognize the reinsurance as an
asset or as a deduction from liability for the amount of the ceded liability or risk transferred. IRMI,
https://www.irmi.com/term/insurance-definitions/credit-for-reinsurance (last visited January 24, 2020). See also s. 624.610(3), F.S.
12
Sees. 624.610(4), F.S.
13
National Association of Insurance Commissioners, https://content.naic.org/index about.htm (last visited January 24, 2020).
14
National Association oflnsurance Commissioners, State Legislative Brie/The NAIC Accreditation Program,
https://www.naic.org/documents/cmte legislative liaison brief accreditation.pdf (last visited January 24, 2020).
1s Id.
16
National Association of Insurance Commissioners, NAIC Model Laws,
https://content.naic.org/cipr topics/topic naic model laws.htm (last visited January 24, 2020).
17
National Association of Insurance Commissioners, Accreditation, https://content.naic.org/cipr topics/topic accreditation.htm (last
visited January 24, 2020).
18
National Association of Insurance Commissioners, Revisions to the Credit for Reinsurance Model Law,
https://www.naic.org/documents/committees e reinsurance related reinsurance model law 160108.pdf(last visited January 24,
2020).
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In 2017, the United States entered the Bilateral Agreement Between the United States of America and
the European Union on Prudential Measures Regarding Insurance and Reinsurance (Covered
Agreement). 19 In 2019, the NAIC made revisions to MLMR in response to the Covered Agreement. In
part, the Covered Agreement commits the United States to phasing-out collateral requirements for
European Union assuming insurers by 2022. 20 The Covered Agreement also exempts European
Union assuming insurers from current United States domiciliary requirements by creating a
classification known as a reciprocal jurisdiction. 21
Effect of the Bill
The changes to MLMR as a result of the Covered Agreement, necessitate that existing Florida law
regarding credit for reinsurance be amended. The bill creates a new subsection within the reinsurance
statute that provides the following mandatory criteria that an assuming insurer must meet in order for a
ceding insurer to be given credit for reinsurance ceded to that assuming insurer:
• The assuming insurer must have its principal office or its domicile, and must be licensed in,
a reciprocal jurisdiction.
• The assuming insurer must have minimum capital and surplus as calculated by the
methodology of its domiciliary jurisdiction in an amount specified by commission 22 rule.
• The assuming insurer must have a minimum solvency or capital ratio as specified by the
commission.
• The assuming insurer must agree to provide prompt written notice to OIR if it falls below the
minimum requirements specified in the bill or if any regulatory action is taken against it for
serious noncompliance with applicable law.
• The assuming insurer must consent in writing to:
o submit to the jurisdiction of Florida courts;
o designate the Florida Chief Financial Officer as its agent for service or process or an
attorney to accept lawful process;
o pay all final judgments declared enforceable in the jurisdiction where the judgments
were obtained;
o include a provision in each reinsurance agreement that, where necessary, the
assuming insurer will provide security in the amount equal to 100 percent of the
assuming insurer's liabilities attributable to reinsurance ceded pursuant to the
agreement; and
o confirm that the assuming insurer is not presently participating in any solvent
scheme of arrangement that involves Florida's ceding insurers, and should the
19 U.S. Department of the Treasury, US. and EU Covered Agreement, https://home.treasury.gov/policy-issues/financial-markets-
financial-institutions-and-fiscal-service/federal-insurance-office/us-and-eu-covered-agreement (last visited January 25, 2020).
Covered agreements are authorized under 31 U.S.C. §§ 313-314, and are written bilateral or multilateral agreements regarding
insurance or reinsurance entered into between the United States and one or more foreign authorities to provide protections for
insurance and reinsurance consumers similar to those provided by state insurance regulators within United States jurisdictions.
20
U.S. Department of the Treasury, Statement of the United States on the Covered Agreement with the European Union,
https://home. treasury. gov/policy-issues/financial-markets-financial-institutions-and-fiscal-service/federal-ins urance-office/us-and-eu-
covered-agreement (last visited January 25, 2020).
21
Id Model Law #785 defines a reciprocal jurisdiction as:
• A non-United States jurisdiction that is subject to an in-force covered agreement with the United States, each within its legal
authority, or in the case ofa covered agreement between the United States and the European Union, is a member state of the
European Union;
• A United States jurisdiction that meets the requirements for accreditation under the NAIC financial standards and
accreditation program;
• A qualified jurisdiction, as determined by an insurance commissioner.
National Association of Insurance Commissioners, Credit for Reinsurance Model Law-785, https://www.naic.org/store/free/MDL-
785.pdf (last visited January 25, 2020).
22
The commission referred to is the Financial Services Commission. Section 20.121(3), F.S., establishes that the Financial Services
Commission consists of the Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture.
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assuming insurer enter into such arrangement, it will notify OIR and the ceding
insurer and will provide appropriate security.
• The assuming insurer must provide documentation to OIR upon request under criteria
specified by the commission.
• The assuming insurer must maintain a practice of prompt payment of claims under
reinsurance agreements pursuant to criteria specified by the commission.
The bill requires that an assuming insurer's regulatory authority23 confirm to OIR on an annual basis
that the assuming insurer has complied with the capital and surplus requirements and solvency or
capital ratio requirements set forth in the bill. It also establishes that a ceding insurer may only take
credit for reinsurance agreements entered into, amended, or renewed on or after the date at which the
assuming insurer has met the mandatory criteria set forth within the bill. Additionally, credit may only
be taken for losses incurred and reserves reported on or after the later of the date upon which the
assuming insurer has met these requirements or has entered into a new reinsurance agreement,
amendment, or renewal with the ceding insurer.
Pursuant to the bill, if the ceding insurer is subject to rehabilitation, liquidation, or conservation, the
ceding insurer may obtain a court order requiring that the assuming insurer post security for all
outstanding ceded liabilities. If OIR determines that the assuming insurer no longer meets one or more
of the requirements under the bill, OIR may revoke or suspend the assuming insurer's eligibility under
624.610, F.S. While the eligibility is suspended, any reinsurance agreement issued, amended, or
renewed after the effective date of the suspension does not qualify for credit for reinsurance. If the
eligibility is revoked, credit for reinsurance may not be granted after the effective date of the revocation
for any reinsurance agreements entered into by the assuming insurer, including those entered into
before the date of the revocation.
The bill provides that the subsection created within 624.610, F.S., does not:
• preclude an assuming insurer from volunteering information to OIR;
• limit or alter the capacity of parties to a reinsurance agreement to agree on requirements for
security or other terms of the reinsurance agreement, except where otherwise prohibited, or to
renegotiate the reinsurance agreement; or
• authorize an assuming insurer to withdraw or reduce the security provided under any
reinsurance agreement, except as authorized within the agreement.
The bill makes other technical changes to s. 624.610, F.S., including the deletion of an obsolete
subsection and the replacement of the word "commissioner" with "office" in several places.
B. SECTION DIRECTORY:
Section 1. Amends s. 624.610, F.S., relating to reinsurance.
Section 2. Provides an effective date of January 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None. 24
23
The assuming insurer's regulatory authority is the entity that regulates the conduct of insurance companies in the assuming insurer's
country of domicile.
24
OIR, Agency Analysis of2020 HB 1211, p. 5 (Jan. 10, 2020).
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2. Expenditures:
None. 25
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None known.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
B. RULE-MAKING AUTHORITY:
Section 624.610(14), F.S., provides that the commission may adopt rules necessary to implement the
provisions of that section and "protect the interests of insureds, claimants, ceding insurers, assuming
insurers, and the public." The rules must be in "substantial compliance" with the NAIC model
regulations relating to credit for reinsurance, the NAIC Accounting Practices and Procedures Manual as
of March 2002 and subsequent consistent amendments to it; and the NAIC model regulation for Credit
for Reinsurance and Life and Health Reinsurance Agreements. 26 The bill requires the exercise of this
authority and the adoption of certain forms. Therefore, the bill will likely result in the changes to the
rules in ch. 690-144, F.A.C.
C. DRAFTING ISSUES OR OTHER COMMENTS:
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
25 Id.
26
S. 624.610(14), F.S.
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F L O R D A H O U S E 0 F REPRESENTATIVES
HB 1211 2020
1 A bill to be entitled
2 An act relating to reinsurance; amending s. 624.610,
3 F.S.; transferring specified powers and duties of the
4 Commissioner of Insurance Regulation to the Office of
5 Insurance Regulation; requiring credits for
6 reinsurance to be allowed to ceding insurers under
7 certain circumstances; providing requirements for
8 assuming insurers in order for such credits to be
9 allowed; providing the definitions of the terms
10 11
reciprocal jurisdiction II and II
covered agreement 11 ;
11 requiring assuming insurers to have and maintain on an
12 ongoing basis minimum capital and surplus, or its
13 equivalent, and, if applicable, minimum capital and
14 surplus equivalents and a central fund; requiring
15 assuming insurers to have and maintain on an ongoing
16 basis a minimum solvency or capital ratio; providing
17 additional requirements for assuming insurers;
18 requiring assuming insurers to provide security in a
19 specified amount; specifying circumstances under which
20 credits may be taken; authorizing ceding insurers and
21 their representatives to seek orders requiring
22 assuming insurers to post security for certain
23 liabilities; authorizing the office to revoke and
24 suspend the eligibility of assuming insurers under a
25 specified circumstance; prohibiting credits under
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26 certain circumstances; providing exceptions; deleting
27 obsolete language; providing construction; providing
28 an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsections (4) through (14) of section
33 624.610, Florida Statutes, are renumbered as subsection (5)
34 through (15), respectively, subsection (2), paragraphs (c) and
35 (e) of subsection (3), present subsections (4) and (5),
36 paragraph (b) of present subsection (11), present subsection
37 (15), and subsection (16) of that section are amended, and a new
38 subsection (4) is added to that section, to read:
39 624.610 Reinsurance.-
40 (2) Credit for reinsurance must be allowed a ceding
41 insurer as either an asset or a deduction from liability on
42 account of reinsurance ceded only when the reinsurer meets the
43 requirements of paragraph (3) (a), paragraph (3) (b), er paragraph
44 (3) (c), or subsection (4). Credit must be allowed under
45 paragraph ( 3) (a) or paragraph ( 3) (b) only for cessions of those
46 kinds or lines of business that the assuming insurer is
47 licensed, authorized, or otherwise permitted to write or assume
48 in its state of domicile or, in the case of a United States
49 branch of an alien assuming insurer, in the state through which
50 it is entered and licensed or authorized to transact insurance
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51 or reinsurance.
52 (3)
53 (c)l. Credit must be allowed when the reinsurance is ceded
54 to an assuming insurer that maintains a trust fund in a
55 qualified United States financial institution, as defined in
56 paragraph ( 6) (b) ( 5) (b) , for the payment of the valid claims of
57 its United States ceding insurers and their assigns and
58 successors in interest. To enable the office to determine the
59 sufficiency of the trust fund, the assuming insurer shall report
60 annually to the office information substantially the same as
61 that required to be reported on the NAIC Annual Statement form
62 by authorized insurers. The assuming insurer shall submit to
63 examination of its books and records by the office and bear the
64 expense of examination.
65 2.a. Credit for reinsurance must not be granted under this
66 subsection unless the form of the trust and any amendments to
67 the trust have been approved by:
68 (I) The insurance regulator of the state in which the
69 trust is domiciled; or
70 (II) The insurance regulator of another state who,
71 pursuant to the terms of the trust instrument, has accepted
72 principal regulatory oversight of the trust.
73 b. The form of the trust and any trust amendments must be
74 filed with the insurance regulator of every state in which the
75 ceding insurer beneficiaries of the trust are domiciled. The
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76 trust instrument must provide that contested claims are valid
77 and enforceable upon the final order of any court of competent
78 jurisdiction in the United States. The trust must vest legal
79 title to its assets in its trustees for the benefit of the
80 assuming insurer's United States ceding insurers and their
81 assigns and successors in interest. The trust and the assuming
82 insurer are subject to examination as determined by the
83 insurance regulator.
84 c. The trust remains in effect for as long as the assuming
85 insurer has outstanding obligations due under the reinsurance
86 agreements subject to the trust. No later than February 28 of
87 each year, the trustee of the trust shall report to the
88 insurance regulator in writing the balance of the trust and list
89 the trust's investments at the preceding year end, and shall
90 certify that the trust will not expire before prior to the
91 following December 31.
92 3. The following requirements apply to the following
93 categories of assuming insurer:
94 a. The trust fund for a single assuming insurer consists
95 of funds in trust in an amount not less than the assuming
96 insurer's liabilities attributable to reinsurance ceded by
97 United States ceding insurers, and, in addition, the assuming
98 insurer shall maintain a trusteed surplus of not less than $20
99 million. Not less than 50 percent of the funds in the trust
100 covering the assuming insurer's liabilities attributable to
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101 reinsurance ceded by United States ceding insurers and trusteed
102 surplus shall consist of assets of a quality substantially
103 similar to that required in part II of chapter 625. Clean,
104 irrevocable, unconditional, and evergreen letters of credit,
105 issued or confirmed by a qualified United States financial
106 ins ti tut ion, as defined in paragraph ( 6) (a) ( 5) (a) , effective no
107 later than December 31 of the year for which the filing is made
108 and in the possession of the trust on or before the filing date
109 of its annual statement, may be used to fund the remainder of
110 the trust and trusteed surplus.
111 b. (I) In the case of a group including incorporated and
112 individual unincorporated underwriters:
113 (A) For reinsurance ceded under reinsurance agreements
114 with an inception, amendment, or renewal date on or after August
115 1, 1995, the trust consists of a trusteed account in an amount
116 not less than the group's several liabilities attributable to
117 business ceded by United States domiciled ceding insurers to any
118 member of the group;
119 (B) For reinsurance ceded under reinsurance agreements
120 with an inception date on or before July 31, 1995, and not
121 amended or renewed after that date, notwithstanding the other
122 provisions of this section, the trust consists of a trusteed
123 account in an amount not less than the group's several insurance
124 and reinsurance liabilities attributable to business written in
125 the United States; and
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126 (C) In addition to these trusts, the group shall maintain
127 in trust a trusteed surplus of which $100 million must be held
128 jointly for the benefit of the United States domiciled ceding
129 insurers of any member of the group for all years of account.
130 (II) The incorporated members of the group must not be
131 engaged in any business other than underwriting of a member of
132 the group, and are subject to the same level of regulation and
133 solvency control by the group's domiciliary regulator as the
134 unincorporated members.
135 (III) Within 90 days after its financial statements are
136 due to be filed with the group's domiciliary regulator, the
137 group shall provide to the insurance regulator an annual
138 certification by the group's domiciliary regulator of the
139 solvency of each underwriter member or, if a certification is
140 unavailable, financial statements, prepared by independent
141 public accountants, of each underwriter member of the group.
142 (e) If the reinsurance is ceded to an assuming insurer not
143 meeting the requirements of paragraph (a), paragraph (b),
144 paragraph (c), or paragraph (d), the office cofflfflissioner may
145 allow credit, but only if the assuming insurer holds surplus in
146 excess of $250 million and has a secure financial strength
147 rating from at least two statistical rating organizations deemed
148 acceptable by the office coffifll:issioner as having experience and
149 expertise in rating insurers doing business in Florida,
150 including, but not limited to, Standard & Poor's, Moody's
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151 Investors Service, Fitch Ratings, A.M. Best Company, and
152 Demotech. In determining whether credit should be allowed, the
153 office cofflffliooioner shall consider the following:
154 1. The domiciliary regulatory jurisdiction of the assuming
155 insurer.
156 2. The structure and authority of the domiciliary
157 regulator with regard to solvency regulation requirements and
158 the financial surveillance of the reinsurer.
159 3. The substance of financial and operating standards for
160 reinsurers in the domiciliary jurisdiction.
161 4. The form and substance of financial reports required to
162 be filed by the reinsurers in the domiciliary jurisdiction or
163 other public financial statements filed in accordance with
164 generally accepted accounting principles.
165 5. The domiciliary regulator's willingness to cooperate
166 with United States regulators in general and the office in
167 particular.
168 6. The history of performance by reinsurers in the
169 domiciliary jurisdiction.
170 7. Any documented evidence of substantial problems with
171 the enforcement of valid United States judgments in the
172 domiciliary jurisdiction.
173 8. Any other matters deemed relevant by the office
174 cofflffliooioner. The office cofflffliooioner shall give appropriate
175 consideration to insurer group ratings that may have been
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176 issued. The office eofflfflissioner may, in lieu of granting full
177 credit under this subsection, reduce the amount required to be
178 held in trust under paragraph (c).
179 (4) Credit must be allowed when the reinsurance is ceded
180 to an assuming insurer that meets the requirements of this
181 subsection.
182 (a) The assuming insurer must have its principal office or
183 its domicile, and must be licensed, in a reciprocal
184 jurisdiction. As used in this subsection, the term "reciprocal
185 jurisdiction" means a jurisdiction that meets one of the
186 following requirements:
187 1. A non-U.S. jurisdiction that is subject to an in-force
188 covered agreement with the United States, each within its legal
189 authority, or, in the case of a covered agreement between the
190 United States and the European Union, is a member state of the
191 European Union. As used in this paragraph, the term "covered
192 agreement" is an agreement that is:
193 a. Entered into pursuant to the Dodd-Frank Wall Street
194 Reform and Consumer Protection Act, 31 U.S.C. ss. 313 and 314 in
195 effect on May 24, 2018.
196 b. Currently in effect or in a period of provisional
197 application and addresses the elimination, under specified
198 conditions, of collateral requirements as a condition for
199 entering into a reinsurance agreement with a ceding insurer
200 domiciled in this state or for allowing the ceding insurer to
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201 recognize credit for reinsurance.
202 2. A U.S. jurisdiction that meets the requirements for
203 accreditation under the NAIC Financial Regulation Standards and
204 Accreditation Program.
205 3. A qualified jurisdiction, as determined by the office,
206 that:
207 a. Is not a jurisdiction in subparagraph 1. or
208 subparagraph 2.
209 b. Meets additional requirements specified by the
210 commission that are consistent with the terms and conditions of
211 an in-force covered agreement.
212 (b) The assuming insurer must have and maintain on an
213 ongoing basis minimum capital and surplus, or its equivalent,
214 calculated according to the methodology of its domiciliary
215 jurisdiction, in an amount specified by commission rule. If the
216 assuming insurer is an association, including incorporated and
217 individual unincorporated underwriters, it must have and
218 maintain on an ongoing basis minimum capital and surplus
219 equivalents (net of liabilities), calculated according to the
220 methodology applicable in its domiciliary jurisdiction, and a
221 central fund containing a balance in amounts specified by
222 commission rule.
223 (c) The assuming insurer must have and maintain on an
224 ongoing basis a minimum solvency or capital ratio, as
225 applicable, specified by the commission. If the assuming insurer
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226 is an association, including incorporated and individual
227 unincorporated underwriters, it must have and maintain on an
228 ongoing basis a minimum solvency or capital ratio in the
229 jurisdiction where the assuming insurer has its head office or
230 its domicile, as applicable, and is also licensed.
231 (d) The assuming insurer must agree and provide adequate
232 assurance to the office, in a form specified by the commission,
233 that the assuming insurer:
234 1. Provides prompt written notice and explanation to the
235 office if the assuming insurer falls below the minimum
236 requirements specified in paragraph (b) or paragraph (c) or if
237 any regulatory action is taken against it for serious
238 noncompliance with applicable law.
239 2. Consents in writing to:
240 a. Submit to the jurisdiction of the courts of this state.
241 b. Designate the Chief Financial Officer under s. 48.151
242 as the agent for service of process, or designate an attorney as
243 its true and lawful attorney, upon whom a lawful process in an
244 action, suit, or proceeding instituted by or on behalf of the
245 ceding insurer may be served.
246 c. Pay all final judgments, wherever enforcement is
247 sought, that have been obtained by a ceding insurer or its legal
248 successor and that have been declared enforceable in the
249 jurisdiction where the judgment was obtained.
250
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251 Sub-subparagraphs a. and b. do not limit or in any way alter the
252 capacity of parties to a reinsurance agreement to agree to
253 alternative dispute resolution mechanisms, except that such
254 agreements are unenforceable under applicable insolvency or
255 delinquency laws.
256 d. Each reinsurance agreement includes a provision
257 requiring the assuming insurer to provide security in an amount
258 equal to 100 percent of the assuming insurer's liabilities
259 attributable to reinsurance ceded pursuant to that agreement if
260 the assuming insurer resists enforcement of a final judgment
261 that is enforceable under the law of the jurisdiction in which
262 it was obtained or a properly enforceable arbitration award,
263 whether obtained by the ceding insurer or its legal successor on
264 behalf of its resolution estate.
265 e. The assuming insurer confirms that it is not presently
266 participating in any solvent scheme of arrangement that involves
267 this state's ceding insurers, and agrees to notify the ceding
268 insurer and the office and to provide security in an amount
269 equal to 100 percent of the assuming insurer's liabilities to
270 the ceding insurer should the assuming insurer enter into such a
271 solvent scheme of arrangement. Such security must be consistent
272 with this subsection and subsection (3).
273 (e) If requested by the office, the assuming insurer or
274 its legal successor must provide to the office, on behalf of
275 itself and any legal predecessors, any documentation pursuant to
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276 criteria specified by the commission.
277 (f) The assuming insurer must maintain a practice of
278 prompt payment of claims under reinsurance agreements pursuant
279 to criteria specified by the commission.
280 (g) The assuming insurer's supervisory authority must
281 confirm to the office on an annual basis, on a form adopted by
282 the commission, that, as of the preceding December 31 or the
283 annual date otherwise statutorily reported to the reciprocal
284 jurisdiction, the assuming insurer complied with the
285 requirements specified in paragraphs (b) and (c).
286 (h)l. Credit may be taken under this subsection only for
287 reinsurance agreements entered into, amended, or renewed on or
288 after the date on which the assuming insurer has satisfied the
289 requirements to assume reinsurance under this subsection, and
290 only with respect to losses incurred and reserves reported on or
291 after the later of the date on which the assuming insurer has
292 met all eligibility requirements under this subsection, and the
293 effective date of the new reinsurance agreement, amendment, or
294 renewal.
295 2. This paragraph does not alter or impair a ceding
296 insurer's right to take credit for reinsurance, to the extent
297 that credit is not available under this subsection, as long as
298 the reinsurance qualifies for credit under any other applicable
299 provision of this section.
300 (i) If subject to a legal process of rehabilitation,
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301 liquidation, or conservation, as applicable, the ceding insurer
302 or its legal successor may seek and, if determined appropriate
303 by the court in which the proceedings are pending, may obtain an
304 order requiring that the assuming insurer post security for all
305 outstanding ceded liabilities.
306 (j) If the office determines that an assuming insurer no
307 longer meets one or more of the requirements under this
308 subsection, the office may revoke or suspend the eligibility of
309 the assuming insurer for recognition under this subsection.
310 1. While an assuming insurer's eligibility is suspended,
311 any reinsurance agreement issued, amended, or renewed after the
312 effective date of the suspension does not qualify for credit,
313 except to the extent that the assuming insurer's obligations
314 under the contract are secured in accordance with this
315 subsection.
316 2. If an assuming insurer's eligibility is revoked, credit
317 for reinsurance may not be granted after the effective date of
318 the revocation with respect to any reinsurance agreement entered
319 into by the assuming insurer, including a reinsurance agreement
320 entered into before the date of revocation, except to the extent
321 that the assuming insurer's obligations under the contract are
322 secured in a form acceptable to the office and consistent with
323 this subsection.
324 (k) This subsection does not:
325 1. Preclude an assuming insurer from providing the office
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326 with information on a voluntary basis.
327 2. Limit or in any way alter the capacity of parties to a
328 reinsurance agreement to:
329 a. Agree on requirements for security or other terms in
330 that reinsurance agreement, except as expressly prohibited by
331 this section or other applicable law or rule of the commission.
332 b. Renegotiate the reinsurance agreement.
333 3. Authorize an assuming insurer to withdraw or reduce the
334 security provided under any reinsurance agreement, except as
335 permitted by the terms of the agreement.
336 12.l_-f-4+ An asset allowed or a deduction from liability
337 taken for the reinsurance ceded by an insurer to an assuming
338 insurer not meeting the requirements of subsections (2)L afTEi.
339 (3), and (4) is allowed in an amount not exceeding the
340 liabilities carried by the ceding insurer. The deduction must be
341 in the amount of funds held by or on behalf of the ceding
342 insurer, including funds held in trust for the ceding insurer,
343 under a reinsurance contract with the assuming insurer as
344 security for the payment of obligations thereunder, if the
345 security is held in the United States subject to withdrawal
346 solely by, and under the exclusive control of, the ceding
347 insurer, or, in the case of a trust, held in a qualified United
348 States financial institution, as defined in paragraph (6) (b)
349 ( S) (b) . This security may be in the form of:
350 (a) Cash in United States dollars;
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351 (b) Securities listed by the Securities Valuation Office
352 of the National Association of Insurance Corrunissioners and
353 qualifying as admitted assets pursuant to part II of chapter
354 625;
355 (c) Clean, irrevocable, unconditional letters of credit,
356 issued or confirmed by a qualified United States financial
357 institution, as defined in paragraph (6) (a) (5) (a), effective no
358 later than December 31 of the year for which the filing is made,
359 and in the possession of, or in trust for, the ceding company on
360 or before the filing date of its annual statement; or
361 (d) Any other form of security acceptable to the office.
362 J..§l+s-t(a) For purposes of paragraph (5) (c) (4) (c)
363 regarding letters of credit, a "qualified United States
364 financial institution" means an institution that:
365 1. Is organized or, in the case of a United States office
366 of a foreign banking organization, is licensed under the laws of
367 the United States or any state thereof;
368 2. Is regulated, supervised, and examined by United States
369 or state authorities having regulatory authority over banks and
370 trust companies; and
371 3. Has been determined by either the office or the
372 Securities Valuation Office of the National Association of
373 Insurance Corrunissioners to meet such standards of financial
374 condition and standing as are considered necessary and
375 appropriate to regulate the quality of financial institutions
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376 whose letters of credit will be acceptable to the office.
377 (b) For purposes of those provisions of this law which
378 specify institutions that are eligible to act as a fiduciary of
379 a trust, a "qualified United States financial institution" means
380 an institution that is a member of the Federal Reserve System or
381 that has been determined by the office to meet the following
382 criteria:
383 1. Is organized or, in the case of a United States branch
384 or agency office of a foreign banking organization, is licensed
385 under the laws of the United States or any state thereof and has
386 been granted authority to operate with fiduciary powers; and
387 2. Is regulated, supervised, and examined by federal or
388 state authorities having regulatory authority over banks and
389 trust companies.
390 Q1l+H+
391 (b) The summary statement must be signed and attested to
392 by either the chief executive officer or the chief financial
393 officer of the reporting insurer. In addition to the summary
394 statement, the office may require the filing of any supporting
395 information relating to the ceding of such risks as it deems
396 necessary. If the summary statement prepared by the ceding
397 insurer discloses that the net effect of a reinsurance treaty or
398 treaties (or series of treaties with one or more affiliated
399 reinsurers entered into for the purpose of avoiding the
400 following threshold amount) at any time results in an increase
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401 of more than 25 percent to the insurer's surplus as to
402 policyholders, then the insurer shall certify in writing to the
403 office that the relevant reinsurance treaty or treaties comply
404 with the accounting requirements contained in any rule adopted
405 by the commission under subsection~ -f-±4+. If such
406 certificate is filed after the summary statement of such
407 reinsurance treaty or treaties, the insurer shall refile the
408 summary statement with the certificate. In any event, the
409 certificate must state that a copy of the certificate was sent
410 to the reinsurer under the reinsurance treaty.
411 (15) Any reinsurer approved pursuant to s.
412 62 4. 610 ( 3) (a) 2., as such provision eMisted prior to July 1,
413 2000, \Jhich fails to obtain accreditation pursuant to this
414 section prior to December 30, 2003, shall have its approval
415 terminated by operation of lav1 on that date.
416 (16) This section applies act shall apply to all cessions
417 on or after January 1, 2021 -2-8-8-±, under reinsurance agreements
418 that have an inception, anniversary, or renewal date on or after
419 January 1, 2021 -2-8-8-±.
420 Section 2. This act shall take effect January 1, 2021.
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hb1211-00
COMMERCE COMMITTEE
HB 1211 by Rep. Jones
Reinsurance
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Jones (Line 2): The amendment narrows the title of the bill and
conforms it to the Senate companion.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1211 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Jones offered the following:
3
4 Amendment (with title amendment)
5 -----------------------------------------------------
6 T I T L E A ME N D ME N T
7 Remove line 2 and insert:
8 An act relating to credit for reinsurance; amending s. 624.610,
569841 - h1211-line 2.docx
Published On: 2/19/2020 6:00:42 PM
Page 1 of 1
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1353 Private Security Services
SPONSOR{S): Business & Professions Subcommittee, Polsky
TIED BILLS: IDEN./SIM. BILLS: SB 1834
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Business & Professions Subcommittee 13 Y, 0 N, As CS Thompson Anstead
2) Agriculture & Natural Resources Appropriations 10 Y, 0 N White Pigott
Subcommittee
3) Commerce Committee Thomps
SUMMARY ANALYSIS
The Division of Licensing within the Department of Agriculture and Consumer Services (DACS) oversees
Florida's private investigative, private security, and recovery services industries. This includes licensing,
enforcing compliance standards, and ensuring public protection from unethical and unlicensed activity.
Currently, DACS offers 22 different types of private investigative, private security and recovery services
licenses, and has issued a total of 183,415 licenses to qualified applicants.
The bill:
• Allows certain military firearm experience to replace Class "K" Firearms Instructor training;
• Requires the Florida Department of Law Enforcement (FDLE) to share results from the National Instant
Criminal Background Check System (NICS) and Index with DACS to determine eligibility for a Class "G"
Statewide Firearm license or a Class "K" Firearms Instructor license;
• Removes the requirement that DACS provide arrest information to industry businesses;
• During a state of emergency, allows DACS to waive certain experience requirements;
• Authorizes the issuance of certain license cards in digital format;
• Allows DACS to waive the firearms training option for Class "G" Statewide Firearm recertification if the
licensee holds a valid Class "K" Firearms Instructor license;
• Gives DACS more flexibility when charging late fees for renewal applications;
• Allows issuance of a temporary Class "G" Statewide Firearm license if the applicant currently holds an
individual or business private investigative or security officer license;
• Authorizes DACS to publish the industry newsletter and pamphlet on line in lieu of paper format;
• Removes the requirement that applicants complete the full training and examination in order to
reinstate their license after a license is invalid for more than one year;
• Authorizes training for initial Class "D" Security Officer licensure to be conducted online;
• Exempts Class "D" Security Officer licensees from the requirement that they be employed by a security
agency if they are employed by, and provide security for a church, ecclesiastical or a denominational
organization, or church cemetery; and
• Authorizes electronic verification, instead of verification under oath, for certain applications for
licensure.
The bill may have an insignificant fiscal impact on state government from reduced expenditures and potential
increases in revenues. The bill is not expected to have a fiscal impact on local governments.
The effective date of the bill is July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 2/18/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Private Investigative, Private Security, and Recovery Services
The Division of Licensing (Division) within the Department of Agriculture and Consumer Services
(DACS) oversees Florida's private investigative, private security, and recovery services industries. The
regulatory oversight of the private investigative, private security, and recovery services industries
includes licensing, enforcing compliance standards, and ensuring public protection from unethical
business practices and unlicensed activity. 1
Currently, the Division offers 22 different types of private investigative, private security, and recovery
services licenses. As of December 31, 2019, the Division had issued a total of 183,415 licenses to
qualified applicants. The following chart provides a breakdown of the total number of each license
type. 2
License Title
7,195
1,369
2,790
23
MA 80
M 475
D 140,166
B 1,770
BB Securit 193
MB Securit Mana ers 1,414
AB Security Agency/Private 20
Investigative Agency Branch
Offices
DS Securit Officer Schools 377
DI Securit Officer Instructors 1,678
G Statewide Firearm Licenses 23,701
K Firearms Instructors 638
E Recove 799
EE Recove 351
R Recove 320
RR Recove 40
MR Recove 2
RS Recove 5
RI 9
',;183415
1
The Florida Department of Agriculture and Consumer Services, Division of Licensing, https://www.fdacs.gov/Divisions-
Offices/Licensing (last visited Jan. 26, 2020).
2
The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions-Offices/Licensing/Statistical-Reports (last visited Jan. 27, 2020).
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Initial Application for Licensure for Private Investigative, Private Security and Recovery
Services
Current Situation
To obtain any of the 22 license types under ch. 493, F.S., an applicant must complete and submit an
application and meet certain requirements. Each individual, partner, or principal officer in a corporation
is required to file with DACS a complete application signed and verified by the individual "under oath"
as provided ins. 92.525, F.S., which authorizes documents to be verified in the following three ways:
• Under oath or affirmation taken or administered before a judge, clerks or deputy clerk of court,
or any notary public;
• Under oath or affirmation taken or administered by law enforcement officer, correctional officer,
or traffic officer under electronic means or in the physical presence of the affiant; or
• Signing a written declaration. 3
However, since the law specifies that applications must be verified "under oath," the law does not allow
for electronic verification of applications.
In order to be licensed as an armed security officer, a Class "D" Security Officer must obtain a Class
"G" Statewide Firearm license. An applicant for a Class "G" Statewide Firearm license is required to
submit an application, a background history check, a full set of fingerprints, and satisfy minimum
training criteria for firearms established by DACS rule, including, but not limited to, 28 hours of range
and classroom training taught and administered by a Class "K" Firearms Instructor, with no more than 8
hours consisting of range training. 4
To become licensed as a Class "K" Firearms Instructor, an applicant is required to submit an
application, a background history check, a full set of fingerprints, and provide one of the following
certificates, which indicates a proficiency with firearms instruction:
• The Florida Criminal Justice Standards and Training Commission Instructor Certificate and
written confirmation by the commission that the applicant possesses an active firearms
certification;
• A valid National Rifle Association Private Security Firearm Instructor Certificate issued not more
than three years before the submission of the applicant's Class "K" application; or
• A valid firearms instructor certificate issued by a federal law enforcement agency issued not
more than three years before the submission of the applicant's Class "K" application. 5
The application for a Class "D" Security Officer license must contain, at a minimum, the following
information:
• The name and address of the school or training facility and, if the applicant is an individual, his
or her name, address, and social security or alien registration number;
• The street address of the place at which the training is to be conducted; and
• A copy of the training curriculum and final examination to be administered. 6
Proposed Changes
The bill allows an applicant to verify their application electronically.
The bill requires Class "K" Firearms Instructors to submit proof of each Class "G" Statewide Firearm
license student's completion of firearm training to DACS electronically in a manner prescribed by
DACS, instead of requiring the applicant to submit proof.
3
S. 493.6105, F.S.
4 Id.
s Id.
6
S. 493.6304, F.S.
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The bill allows DACS to waive the firearms training requirement for Class "G" Statewide Firearm initial
license applicants who provide proof that they hold a valid Class "K" Firearms Instructor license.
The bill allows DACS to waive the firearms training requirement for initial Class "G" Statewide Firearm
license applicants who provide proof of completion of annual firearms training in accordance with the
requirements of the federal Law Enforcement Officers' Safety Act, 18 U.S.C. ss. 9268 and 926C.
The bill authorizes former military firearms instructors to use their experience in the military as a
training requirement when applying for a Class "K" Firearms Instructor license. Specifically, the bill
allows applicants for a Class "K" Firearms Instructor license to submit a valid DD Form 214 issued by
the United States Department of Defense not more than three years before the submission of the
applicant's Class "K" application, indicating that the applicant has been honorably discharged and
served in the military as a firearms instructor.
The bill requires security officer school, training facility, or instructor license applicants to provide a
website address of the place at which training is to be conducted in their application, if applicable.
Criminal Background Checks
Current Situation
Individual applicants for private investigative, private security, and recovery services licensure must be
of good moral character, not have a disqualifying criminal history or disqualifying history of mental
illness, drug or alcohol abuse, and must be authorized to work in this country. Each applicant must
disclose contact and background information, and submit to a state and federal background check.
Individuals applying for a Class "G" Statewide Firearm or a Class "K" Firearms Instructor license must
not be prohibited from purchasing or possessing a firearm by state or federal law. 7
The state background check program is administered by the Florida Department of Law Enforcement
(FDLE) and is referred to as the Applicant Fingerprint Retention and Notification Program (AFRNP),
which allows for retention of applicant fingerprints within FDLE's Biometric Identification System. 8
The Federal Bureau of Investigation (FBI) administers the federal program as part of its Next
Generation Identification project, and retains fingerprints at the national level to provide a nation-wide
database that DACS and participating state and local entities may use to identify fingerprints. In order
for entities to participate in the federal program, fingerprints must be retained at the state level and
subsequently enrolled through the state program into the FBl's program. 9
The National Instant Criminal Background Check System (NICS) is a national system that checks
available records on persons who may be disqualified from receiving firearms, and includes active
records in the NICS Indices by state. The FBI developed the system through a cooperative effort with
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and local and state law enforcement
agencies. 10
The code of federal regulations (CFR) authorizes access to the NICS database for the purpose of
"providing information to federal, state, tribal, or local criminal justice agencies in connection with the
issuance of a firearm-related or explosives-related permit or license, including permits or licenses to
possess, acquire, or transfer a firearm, or to carry a concealed firearm, or to import, manufacture, deal
in, or purchase explosives." 11
7
S. 493.6106, F.S.
8
S. 493.6108, F.S.
9 Id.
10
The Federal Bureau of Investigation, National Instant Criminal Background Check System (NICS),
https://www.tbi.gov/services/ciis/nics (last visited Jan. 26, 2020).
II 28 C.F.R. § 25.60)(1).
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Proposed Changes
The bill authorizes FDLE to provide results from the "NICS and Index" to DACS to determine eligibility
for a Class "G" Statewide Firearm license or a Class "K" Firearms Instructor license to the extent
allowed under federal law.
Notice of Arrest
Current Situation
Private investigative, private security, and recovery services licensees are required to notify their
employer within three calendar days if they are arrested. If DACS receives information about an arrest
within the state of a licensee for a crime that could potentially disqualify the person from holding such a
license, DACS is required to provide the arrest information to the agency that employs the licensee. 12
Proposed Changes
The bill removes the requirement that DACS provide arrest information to an agency related to their
employees. However, licensees will still be required to notify their employer within three calendar days
of an arrest.
Reciprocity
Current Situation
DACS is authorized to adopt rules for:
• Entering into reciprocal agreements with other states or territories of the United States for the
purpose of licensing persons who are currently licensed to perform similar services in the other
states or territories; or
• Allowing a person who is licensed in another state or territory to perform similar services in this
state, on a temporary and limited basis, without the need for licensure. 13
The requirements in the other state or territory must be substantially similar to, or greater than, those
established in Florida. The applicant is required to have "engaged in licensed activities for at least 1
year'' in the other state or territory with no disciplinary action. The Commissioner of Agriculture or other
appropriate authority of the other state or territory must agree to accept service of process for those
licensees who are operating in this state on a temporary basis. 14
Proposed Changes
The bill authorizes DACS to waive the requirement for out-of-state applicants for reciprocal or
temporary licensure to have "engaged in licensed activities for at least one year" in the other state or
territory during a declared state of emergency. This will make it easier to provide temporary private
investigative, private security, and recovery services during a state of emergency.
12
S. 493.6108, F.S.
13
S. 493.6109, F.S.
14 Id.
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Identification Cards
Current Situation
Currently, DACS provides all private investigative, private security, and recovery services licensees
with license identification (ID) cards. The ID cards are required to:
• Be on a form prescribed by DACS; and
• Include the licensee's name, license number, expiration date of the license, and any other
information DACS deems necessary. 15
The following licensees must be in the possession of the related ID card while on duty:
• Class "C" Private Investigators;
• Class "CC" Private Investigator Interns;
• Class "D" Security Officers;
• Class "E" Recovery Agents;
• Class "EE" Recovery Agent Interns;
• Class "M" Private Investigative/Security Agent Managers;
• Class "MA" Private Investigative Managers;
• Class "MB" Security Managers;
• Class "MR" Recovery Agency Managers; and
• Class "G" Statewide Firearms Licenses. 16
Proposed Changes
The bill authorizes DACS to issue a single ID card indicating that the licensee holds multiple classes of
licenses, or an electronic license in a digital format containing a quick-response barcode identifying the
individual licensure class or classes.
The bill also authorizes licensees to carry a digital image of the ID card on his or her person in lieu of a
physical ID card.
Change of Employment
Current Situation
Each private investigative, private security, and recovery services agency is required to, upon the
employment or termination of employment of a licensee, report such within 15 calendar days to DACS.
For terminations, the reason for termination must be reported. The report must be submitted
electronically in a manner prescribed by DACS. 17
Proposed Changes
The bill revises the requirement that private investigative, private security, and recovery services
agencies notify DACS of a change in employment or termination of a licensed employee. The bill
requires notification only in the case of termination for a violation of the law governing the private
investigative, private security, and recovery services industry.
15
S. 493.6111(1), F.S.
16 Id.
17
S. 493.6112(2), F.S.
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Renewals
Current Situation
Currently, an applicant for renewal of a Class "G" Statewide Firearm license is required to "submit proof
that he or she has received" during each year of the license period:
• A minimum of four hours of firearms recertification training taught by a Class "K" Firearms
Instructor licensee; and
• Has complied with such other health and training requirements that DACS must adopt by rule. 18
Proof of completion of firearms recertification training must be submitted to DACS by the applicant
upon completion of the training. 19
DACS is authorized to waive the firearms training requirement if:
• The applicant provides proof of current certification as a law enforcement officer or correctional
officer under the Criminal Justice Standards and Training Commission and has completed law
enforcement firearms requalification training annually during the previous two years of the
licensure period;
• The applicant provides proof of current certification as a federal law enforcement officer and has
received law enforcement firearms training administered by a federal law enforcement agency
annually during the previous two years of the licensure period; or
• The applicant submits a valid firearm certificate among those specified for Class "K" Firearms
Instructor licenses in s. 493.6105(6)(a}, F.S., and provides proof of having completed
requalification training during the previous two years of the licensure period. 20
Additionally, each Class "K" Firearm Instructor licensee is required to submit one of the firearm
certificates specified under s. 493.6105(6), F.S., as proof that he or she remains certified to provide
firearms instruction. 21
Failure of a private investigative, private security, and recovery services licensee to renew a license on
or before its expiration requires the licensee to:
• Renew his or her license by fulfilling the applicable renewal requirements; and
• Pay a late fee equal to the amount of the license fee. 22
Proposed Changes
The bill requires Class "K" Firearms Instructors to submit proof of each student's completion of firearm
requalification training to DACS electronically in a manner prescribed by DACS, instead of requiring the
applicant to submit such proof.
The bill allows DACS to waive the firearms training requirement for Class "G" Statewide Firearm license
renewal applicants who provide proof that they hold a valid Class "K" Firearms Instructor license.
The bill allows DACS to waive the firearms training requirement for a Class "G" Statewide Firearm
license renewal applicant who provides proof of completion of annual firearms training in accordance
with the requirements of the federal Law Enforcement Officers' Safety Act, 18 U.S.C. ss. 9268 and
926C.
18
S. 493.6I 13(3)(b), F.S.
19 Id.
20 Id.
21
S. 493.6I 13(3)(d), F.S.
22 Id.
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The bill includes an additional option that allows DACS to waive the firearms training requirement for
Class "K" Firearms Instructor license renewal applicants who submit proof of having taught at least six
28-hour firearms instruction courses to Class "G" Statewide Firearm license applicants during the
previous three-year licensure period.
The bill makes the automatic late fee for late filed private investigative, security, or recovery services
license renewal applications discretionary instead of mandatory.
Temporary Class "G" Statewide Firearm License
Current Situation
Currently, DACS is authorized to issue a temporary 23 Class "G" Statewide Firearm license on a case-
by-case basis, if:
• The agency or employer has certified that the applicant has been determined to be mentally and
emotionally stable by either:
o A validated written psychological test taken within the previous 12-month period;
o An evaluation by a psychiatrist or psychologist licensed in this state or by the Federal
Government made within the previous 12-month period; or
o Presentation of a DD form 214, issued within the previous 12-month period, which
establishes the absence of emotional or mental instability at the time of discharge from
military service;
• DACS has reviewed the mental health and substance abuse data provided by FDLE, as
authorized ins. 493.6108(3), F.S., and has determined the applicant is not prohibited from
licensure based upon this data;
• The applicant has submitted a complete application for a Class "G" Statewide Firearm license,
with a notation that he or she is seeking the license;
• The applicant has completed all Class "G" Statewide Firearm license minimum training
requirements; and
• The applicant has received approval from DACS subsequent to its conduct of a criminal history
record check as authorized ins. 493.6108(1), F.S. 24
Proposed Changes
The bill allows issuance of a temporary Class "G" Statewide Firearm license if the applicant currently
holds one of the following licenses:
• Class "C" Private Investigators;
• Class "CC" Private Investigator Interns;
• Class "D" Security Officers;
• Class "M" Private Investigative/Security Agent Managers;
• Class "MA" Private Investigative Managers; and
• Class "MB" Security Managers
Industry Newsletter
Current Situation
Currently, DACS is authorized to periodically publish a newsletter to advise private investigative, private
security, and recovery services licensees of information that DACS or the Private Investigation,
23
S. 493.6115(15), F.S., provides that the temporary Class "G" license is valid until the Class "G" license is issued or denied. If the
department denies the Class "G" license, any temporary Class "G" license issued to that individual is void, and the individual shall be
removed from armed duties immediately.
24
S. 493.6115(12), F.S.
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Recovery and Security Advisory Council 25 determines is of interest to the industry. The newsletter
must:
• Contain the name and locality of any licensed or unlicensed person or agency against which
DACS has filed a final order relative to an administrative complaint, and the final disposition;
• Be published not less than two, or more than four, times annually; and
• Notice intervening changes to the regulatory situation. 26
In addition, DACS is required to develop and make available to each Class "C" Private Investigator,
Class "D" Security Officer, and Class "E" Recovery Agent licensee, and all interns, a pamphlet detailing
in plain language the legal authority, rights, and obligations of each class of licensure. The pamphlet
should present situations that the licensee may be expected to commonly encounter, and provide
information on legal options, authority, limits to authority, and obligations. 27
DACS is also required to supplement the pamphlet with citations to statutes and legal decisions, as well
as a selected bibliography that would direct the licensee to certain materials, the study of which would
enhance his or her professionalism. DACS must provide a single copy of the appropriate pamphlet,
without charge, to each individual to whom a license is issued, but may charge for additional copies to
recover publication costs. The pamphlet must be updated every two years as necessary to reflect rule
or statutory changes, or court decisions. 28
Proposed Changes
The bill authorizes DACS, at its discretion, to publish all information related to the newsletter and
pamphlet online in lieu of paper format.
Private Investigative Intern License Requirements
Current Situation
Before submission of an application to DACS, the applicant for a Class "CC" Private Investigative Intern
license must:
• Complete a minimum of 40 hours of professional training pertaining to general investigative
techniques and the law governing private investigative, private security, and recovery services,
which course is offered by a state university or by a school, community college, college, or
university under the purview of the Department of Education; and
• Pass an examination. 29
The certificate showing satisfactory completion of the 40 hours of professional training must be
submitted by the applicant with the application, and may be provided by face-to-face presentation,
online technology, or a home study course in accordance with rules and procedures of the Department
of Education. The administrator of the examination must verify the identity of each applicant taking the
examination. 30
Upon successful completion of the training and passage of an examination, the school, community
college, college, or university is required to issue a certificate of completion to the applicant on a form
established by DACS rule. 31
25
In accordance withs. 493.6104, F.S., DACS has established an advisory council known as the Private Investigation, Recovery and
Security Advisory Council.
26
S. 493.6123, F.S.
21 Id.
2s Id.
29
S. 493.6203(6)(b), F.S.
30 Id.
31 Id.
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DACS is also required to establish by rule the general content of the professional training and the
examination criteria. 32
If the license of an applicant for relicensure is invalid for more than one year, the applicant must
complete the full training and examination in order to reinstate their license. 33
An individual licensed on or before August 31, 2008, is not required to complete additional training
hours in order to renew an active license beyond the total required hours. In addition, the timeframe for
completion in effect at the time the licensee was licensed applies. 34
Proposed Changes
The bill requires applicants for a Class "CC" Private Investigative Intern license to complete the
required training no more than three years before receipt of the application.
The bill requires the school, community college, college, or university, instead of the applicant, to
submit proof of successful completion of the required training to DACS.
The bill removes the requirement that applicants complete the full training and examination in order to
reinstate their license after a license is invalid for more than one year.
The bill also removes the exemption from having to complete additional training hours for private
investigative intern renewal applicants with active licenses, who were licensed on or before August 31,
2008.
Private Security Services
Current Situation
An initial applicant for a Class "D" Security Officer license is required to submit proof of successful
completion of a minimum of 40 hours of professional training at a school or training facility licensed by
DACS. DACS must establish by rule the general content and number of hours of each subject area to
be taught. Upon reapplication for a license, an individual whose license has been expired for one year
or more is considered an initial applicant and must comply with the initial applicant training
requirements. 35
Currently, the law requires that the only way a Class "D" Security Officer licensee can work as a
licensed security officer is to own or be an employee of a Class "B" Security Agency or Branch Office.
This does not include unarmed individuals pursuant to s. 493.6102(4), F.S., who possess a Class "D"
Security Officer license solely for the purpose of holding a Class "G" Statewide Firearm license.
Proposed Changes
The bill requires Class "D" Security Officer license applicants to successfully complete the required
training no more than three years before the date of receipt of the application. The bill also requires
that, upon successful completion of the training, the schools or training facilities must submit results
directly to DACS electronically in a manner prescribed by DACS rule, and provide a copy to the trainee.
32 Id.
33 Id.
34
S. 493.6203(6)(c), F.S.
35
S. 493.6303(4), F.S.
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The bill also authorizes the training of applicants for initial Class "D" Security Officer licensure to be
conducted in-person or online, as provided by DACS rule. All approved online training must be
conducted through a secure website of the school or training facility, provided that the applicant's
identity, attendance, and successful completion of such training are verified.
The bill requires DACS to adopt by rule what portion of the 40 hours of training may be conducted
online, the method of delivery and security protocols for online training, and any other rules necessary
for the regulation of schools providing in-person or on line training.
The bill also removes the requirement that applicants complete the full training and examination in
order to reinstate their license after a license is invalid for more than one year.
The bill exempts Class "D" Security Officer licensees from the requirement that they be employed by a
Class "B" Security Agency or Branch Office if they are employed as a security officer by one of the
following entities:
• A church;
• An ecclesiastical or a denominational organization that has an established physical place of
worship in this state at which nonprofit religious services and activities are regularly conducted;
or
• A church cemetery.
Recovery Agent and Recovery Agent Interns
Current Situation
Currently, an applicant for a Class "E" Recovery agent or a Class "EE" Recovery Agent Intern license is
required to submit proof of successful completion of 40 hours of professional training at a school or
training facility licensed by DACS. DACS is required to establish by rule the general content for the
training. 36
Proposed Changes
The bill requires initial license applicants for Class "E" Recovery Agent or Class "EE" Recovery Agent
Intern licenses to successfully complete the required training no more than three years before the date
of receipt of the application. In addition, the bill requires that upon completion of the training, the
schools or training facilities must submit the results directly to DACS electronically in a manner
prescribed by rule, and provide a copy to the trainee.
B. SECTION DIRECTORY:
Section 1 Amends s. 493.6105, F.S., relating to initial application for license.
Section 2 Amends s. 493.6106, F.S., relating to license requirements; posting.
Section 3 Amends s. 493.6108, F.S., relating to investigation of applicants by DACS.
Section 4 Amends s. 493.6109, F.S., relating to reciprocity.
Section 5 Amends s. 493.6111, F.S., relating to license; contents; and identification cards.
Section 6 Amends s. 493.6112, F.S., relating to notification of change in employment or
termination.
36
S. 493.6402(2), F.S.
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Section 7 Amends s. 493.6113, F.S., relating to renewal applications for licensure.
Section 8 Amends s. 493.6115, F.S., relating to weapons and firearms.
Section 9 Amends s. 493.6123, F.S., relating to the industry newsletter and pamphlets.
Section 10 Amends s. 493.6203, F.S., relating to license requirements.
Section 11 Amends s. 493.6301, F.S., relating to classes of licenses.
Section 12 Amends s. 493.6303, F.S., relating to license requirements.
Section 13 Amends s. 493.6304, F.S., relating to security officer school or training facility.
Section 14 Amends s. 493.6403, F.S., relating to license requirements.
Section 15 Amends s. 493.6406, F.S., relating to recovery agent school or training facility.
Section 16 Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
There may be an indeterminate positive fiscal impact to DACS by allowing relevant military
background to count towards firearm training requirements of Class "K" firearms instructor license
applicants. This may increase the application rate and related license fees received by DACS, but it
is unknown how many applicants will qualify.
2. Expenditures:
There may be an insignificant positive fiscal impact to DACS from removing the requirement that
DACS provide arrest information to industry businesses, and authorizing DACS to publish the
industry newsletter and pamphlet online instead of in paper format.
There may be an insignificant positive fiscal impact to DACS from authorizing DACS to issue
license cards in digital format for private investigative, security, or recovery services licenses. It is
unknown how many licensed employees will choose to use a digital license. There are currently
183,415 licensed individuals and businesses in the industry.
There may be an insignificant negative fiscal impact to DACS that can be absorbed within existing
resources for the rulemaking requirements of the bill.
There is an insignificant negative fiscal impact to FDLE that can be absorbed within existing
resources to make modifications to existing information technology systems.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Removing the requirement for private investigative, security, or recovery service businesses to notify
DACS of a termination of employment will reduce related costs to these businesses.
Increasing eligibility for the firearms training waiver for Class "G" Statewide Firearm license renewal
applicants will streamline the license renewal process, and likely have a positive fiscal impact on these
individuals.
Allowing Class "K" Firearms Instructor license renewals to submit proof of having taught at least six 28-
hour firearms instruction courses to Class "G" Statewide Firearm applicants during the previous three-
year licensure period will streamline the license renewal process and likely have a positive fiscal impact
on these individuals.
Allowing DACS to use discretion when determining the late fee for private investigative, security, or
recovery services license renewal applications will have a positive fiscal impact on the private sector.
Requiring the training entities to submit proof of the trainees' successful completion of the training to
DACS will increase expenditures to the training entities. The bill applies this change to the following
entities:
• Class "K" Firearms Instructors;
• Schools, community colleges, colleges, or universities; and
• Training facilities.
Allowing Class "D" Security Officer training to be conducted online will likely reduce expenditures to
these individuals since they are currently required to provide training in person, and increase revenue
to the businesses that provide online training.
Removing the requirement that out-of-state applicants for private investigative, private security and
recovery services licensure must have "engaged in licensed activities for at least one year" in the other
state or territory, during a declared state of emergency, will streamline the application process and
make it easier to provide temporary private investigative, private security and recovery services during
a state of emergency, thereby increasing related revenues to these businesses.
Authorizing Class "D" Security Officer licensees to be employed by, and provide armed security on the
property of, a church, ecclesiastical or a denominational organization, or church cemetery will likely
have an indeterminate positive fiscal impact on:
• Religious institutions to the extent that individual security officers will be less expensive to hire
than a licensed security firm; and
• Individual security officers to the extent they are able to generate income that is in addition to
the income earned by having to work through a licensed security firm.
The fiscal impact of each of these changes is indeterminate.
D. FISCAL COMMENTS:
None.
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Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires DACS to adopt by rule the following:
• The portion of the Class "D" Security Officer training that may be conducted online;
• The manner in which Class "G" Statewide Firearm license applicants must complete their
training, and the manner in which the Class "K" Firearms Instructor must submit the training
results to DACS;
• The manner in which Class "CC" Private Investigative Intern license applicants must complete
their training, and the manner in which the school, community college, college, or university
must submit the training results to DACS;
• The manner in which Class "D" Security Officer license applicants must complete their training,
and the manner in which the school, or training facility must submit the training results to DACS;
and
• The manner in which Class "E" Recovery Agent or Class "EE" Recovery Agent Intern license
applicants must complete their training, and the manner in which the school, or training facility
must submit the training results to DACS.
There appears to be sufficient rulemaking authority in the bill and current law.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE. CHANGES
On February 4, 2020, the Business & Professions Subcommittee adopted one strike-all amendment and
reported the bill favorably as a committee substitute. The committee substitute:
• Applies provisions uniformly to all license types in the chapter related to applications and submitting
proof of training requirements;
• Clarifies provisions and makes conforming, grammatical and technical changes; and
• Authorizes armed Class "D" Security Officer licensees to be employed by a church, ecclesiastical or
denominational organization, or church cemetery without the need to be employed by a security
agency.
The analysis is drafted to the committee substitute as passed by the Business & Professions
Subcommittee.
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 1353 2020
1 A bill to be entitled
2 An act relating to private security services; amending
3 s. 493.6105, F.S.; requiring a licensed Class "K"
4 firearms instructor to submit proof of completion of
5 specified training for certain applicants to the
6 Department of Agriculture and Consumer Services in a
7 specified manner and provide a copy of the training
8 results to the applicant; authorizing the department
9 to waive specified firearms training under certain
10 circumstances; requiring an applicant for a Class "K"
11 firearms instructor license to submit a certain United
12 States Department of Defense form issued within a
13 specified time period before submission of the
14 application; amending s. 493.6106, F.S.; authorizing
15 the Department of Law Enforcement to provide criminal
16 background check results to the Department of
17 Agriculture and Consumer Services to determine
18 eligibility for Class "G" licenses or Class "K"
19 licenses; amending s. 493.6108, F.S.; deleting a
20 provision requiring the department to provide certain
21 information to an agency that employs a licensee;
22 amending s. 493.6109, F.S.; providing an exception to
23 a certain experience requirement for an applicant
24 during a declared state of emergency; amending s.
25 493.6111, F.S.; authorizing the department to issue a
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26 single license card that includes each license
27 obtained by the cardholder and to issue such license
28 card as an electronic license in a digital format or a
29 physical license card; authorizing a licensee to carry
30 a digital image of his or her license card in lieu of
31 a physical license card; amending s. 493.6112, F.S.;
32 requiring each agency to report a termination of
33 employment for certain violations; amending s.
34 493.6113, F.S.; revising renewal application
35 requirements for Class "G" and Class "K" licensees;
36 requiring the department to establish by rule the
37 amount of a renewal application late fee; amending s.
38 493.6115, F.S.; authorizing the department to issue a
39 temporary Class "G" license if the applicant has been
40 issued and currently holds specified licenses;
41 amending s. 493.6123, F.S.; authorizing the department
42 to publish certain information online; amending ss.
43 493.6203 and 493.6303, F.S.; revising and providing
44 training requirements for an applicant for a Class
45 "CC" or an initial Class "D" license; deleting
46 provisions relating to renewal requirements; amending
47 s. 493.6301, F.S.; specifying that certain ownership
48 and employment requirements do not apply to certain
49 Class "D" licensees; amending s. 493.6304, F.S.;
50 revising application requirements for any school,
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51 training facility, or instructor who offers training
52 for a Class "D" license; amending s. 493.6403, F.S.;
53 revising training requirements for an applicant for an
54 initial Class "E" or a Class "EE" license; amending s.
55 493.6406, F.S.; deleting the requirement that the
56 licensure application be signed under oath for any
57 school, training facility, or instructor who offers
58 training for Class "E" or Class "EE" applicants;
59 providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Subsections (2) and (5) and paragraph (a) of
64 subsection (6) of section 493.6105, Florida Statutes, are
65 amended to read:
66 493.6105 Initial application for license.-
67 (2) Each application shall fffi::rS-=t:. be signed and verified by
68 the applicant individual under oath as provided ins. 92.525.
69 (5) In addition to the requirements outlined in subsection
70 (3), an applicant for a Class "G" license must satisfy minimum
71 training criteria for firearms established by rule of the
72 department, which training criteria includes, but is not limited
73 to, 28 hours of range and classroom training taught and
74 administered by a licensed Class "K" firearms instructor
75 licensee; however, no more than 8 hours of such training shall
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76 consist of range training. Upon completion of such training, the
77 licensed Class "K" firearms instructor must submit proof of
78 completion of training for each applicant to the department
79 electronically in a manner prescribed by the department. The
80 instructor must also provide a copy of the training results to
81 the applicant who completed the training. The department may
82 waive the foregoing firearms training requirement if:
83 (a} The applicant provides proof that he or she is
84 currently certified as a law enforcement officer or correctional
85 officer pursuant to the requirements of the Criminal Justice
86 Standards and Training Commission or has successfully completed
87 the training required for certification within the last 12
88 months.
89 (b} The applicant provides proof that he or she is
90 currently certified as a federal law enforcement officer and has
91 received law enforcement firearms training administered by a
92 federal law enforcement agency.
93 (c} The applicant holds a valid Class "K" license and
94 submits a valid firearm certificate among those specified in
95 paragraph (6) (a).
96 (d} The applicant provides proof that he or she has
97 completed annual firearms training in accordance with the
98 requirements of the federal Law Enforcement Officers Safety Act,
99 18 U.S.C. ss. 926B and 926C.
100 ( 6) In addition to the requirements under subsection (3),
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101 an applicant for a Class "K" license must:
102 (a) Submit one of the following:
103 1. The Florida Criminal Justice Standards and Training
104 Commission Instructor Certificate and written confirmation by
105 the commission that the applicant possesses an active firearms
106 certification.
107 2. A valid National Rifle Association Private Security
108 Firearm Instructor Certificate issued not more than 3 years
109 before the submission of the applicant's Class "K" application.
110 3. A valid firearms instructor certificate issued by a
111 federal law enforcement agency issued not more than 3 years
112 before the submission of the applicant's Class "K" application.
113 4. A valid DD Form 214 as issued by the United States
114 Department of Defense not more than 3 years before the
115 submission of the applicant's Class "K" application, indicating
116 that the applicant has been honorably discharged and served in
117 the military as a firearms instructor.
118 Section 2. Paragraph (g) of subsection (1) of section
119 493.6106, Florida Statutes, is amended to read:
120 493.6106 License requirements; posting.-
121 (1) Each individual licensed by the department must:
122 (g) Not be prohibited from purchasing or possessing a
123 firearm by state or federal law if the individual is applying
124 for a Class "G" license or a Class "K" license. The Department
125 of Law Enforcement is authorized to provide results from the
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126 National Instant Criminal Background Check System and Index to
127 the department to determine eligibility for Class "G" licenses
128 or Class "K" licenses to the extent allowed under federal law.
129 Section 3. Subsection (5) of section 493.6108, Florida
130 Statutes, is amended to read:
131 493.6108 Investigation of applicants by Department of
132 Agriculture and Consumer Services.-
133 (5) A person licensed under this chapter must notify his
134 or her employer within 3 calendar days if he or she is arrested
135 for any offense. If the departffient receives information about an
136 arrest within the state of a person who holds a valid license
137 issued under this chapter for a criffie that could potentially
138 disqualify the person froffi holding ouch a license, the
139 departffient ffiuot provide the arrest inforffiation to the agency
140 that effiployo the licensee.
141 Section 4. Paragraph (b) of subsection (2) of section
142 493.6109, Florida Statutes, is amended to read:
143 493.6109 Reciprocity.-
144 (2) The rules authorized in subsection (1) may be
145 promulgated only if:
146 (b) The applicant has engaged in licensed activities for
147 at least 1 year in the other state or territory with no
148 disciplinary action against him or her; however, during a
149 declared state of emergency, the requirement that an applicant
150 be licensed for at least 1 year may be waived.
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151 Section 5. Subsection (1) of section 493.6111, Florida
152 Statutes, is amended to read:
153 493.6111 License; contents; identification card.-
154 (1) All licenses issued pursuant to this chapter shall be
155 on a form prescribed by the department and shall include the
156 licensee's name, license number, expiration date of the license,
157 and any other information the department deems necessary. The
158 department may issue a single license card that includes each
159 license obtained by the cardholder. Such license card may be
160 issued as an electronic license in a digital format that
161 contains a quick-response barcode identifying each individual
162 licensure class or may be issued as a physical license card.
163 Class "C," Class "CC," Class "D," Class "E," Class "EE," Class
164 "M," Class "MA," Class "MB," Class "MR," and Class "G" licenses
165 shall be in the possession of individual licensees while on
166 duty. A licensee may carry a digital image of his or her license
167 card on his or her person in lieu of a physical license card.
168 Section 6. Subsection (2) of section 493.6112, Florida
169 Statutes, is amended to read:
170 493.6112 Notification to Department of Agriculture and
171 Consumer Services of changes of partner or officer or
172 employees.-
173 (2) Each agency shall, upon the employffient or termination
174 of employment of a licensee for a violation of this chapter,
175 report such effiploYffient or termination within 15 calendar days to
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176 the department and, in the ease of a termination, report the
177 reason or reasons therefor. The report shall be submitted
178 electronically in a manner prescribed by the department.
179 Section 7. Paragraphs (b) and (d) of subsection (3) and
180 subsection (4) of section 493.6113, Florida Statutes, are
181 amended to read:
182 493.6113 Renewal application for licensure.-
183 (3) Each licensee is responsible for renewing his or her
184 license on or before its expiration by filing with the
185 department an application for renewal accompanied by payment of
186 the renewal fee and the fingerprint retention fee to cover the
187 cost of ongoing retention in the statewide automated biometric
188 identification system established in s. 943. 05 (2) (b) . Upon the
189 first renewal of a license issued under this chapter before
190 January 1, 2017, the licensee shall submit a full set of
191 fingerprints and fingerprint processing fees to cover the cost
192 of entering the fingerprints into the statewide automated
193 biometric identification system pursuant to s. 493.6108(4) (a)
194 and the cost of enrollment in the Federal Bureau of
195 Investigation's national retained print arrest notification
196 program. Subsequent renewals may be completed without submission
197 of a new set of fingerprints.
198 (b) Each Class "G" licensee shall additionally complete
199 submit proof that he or she has received during each year of the
200 license period a minimum of 4 hours of firearms requalification
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201 training taught by a Class ''K" licensee and submit proof that he
202 or she has complied with such other health and training
203 requirements that the department shall adopt by rule. Proof of
204 completion of firearms requalification training by each student
205 shall be submitted electronically to the department by the Class
206 "K" firearms instructor upon completion of the training in a
207 manner prescribed by rule of the department. A Class "G"
208 licensee must successfully complete this requalification
209 training for each type and caliber of firearm carried in the
210 course of performing his or her regulated duties. If the
211 licensee fails to complete the required 4 hours of annual
212 training during the first year of the 2-year term of the
213 license, the license shall be automatically suspended. The
214 licensee must complete the minimum number of hours of range and
215 classroom training required at the time of initial licensure and
216 submit proof of completion of such training to the department
217 before the license may be reinstated. If the licensee fails to
218 complete the required 4 hours of annual training during the
219 second year of the 2-year term of the license, the licensee must
220 complete the minimum number of hours of range and classroom
221 training required at the time of initial licensure and submit
222 proof of completion of such training to the department before
223 the license may be renewed. The department may waive the
224 firearms training requirement if:
225 1. The applicant provides proof that he or she is
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226 currently certified as a law enforcement officer or correctional
227 officer under the Criminal Justice Standards and Training
228 Commission and has completed law enforcement firearms
229 requalification training annually during the previous 2 years of
230 the licensure period;
231 2. The applicant provides proof that he or she is
232 currently certified as a federal law enforcement officer and has
233 received law enforcement firearms training administered by a
234 federal law enforcement agency annually during the previous 2
235 years of the licensure period; e-r
236 3. The applicant holds a valid Class "K" license and
237 submits a valid firearm certificate among those specified ins.
238 493.6105(6)(a); or
239 4. The applicant provides proof that he or she has
240 completed annual firearms training in accordance with the
241 requirements of the federal Law Enforcement Officers Safety Act,
242 18 U.S.C. ss. 926B and 926C and provides proof of having
243 completed requalification training during the previous 2 years
244 of the licensure period.
245 (d) Each Class "K" licensee shall additionally submit_:_
246 1. One of the certificates specified under s. 493.6105(6)
247 as proof that he or she remains certified to provide firearms
248 instruction; or
249 2. Proof of having taught at least six 28-hour firearms
250 instruction courses to Class "G" applicants during the previous
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251 3-year licensure period.
252 (4) A licensee who fails to file a renewal application on
253 or before its expiration must renew his or her license by
254 fulfilling the applicable requirements of subsection (3) and may
255 be required to pay by paying a late fee which shall not exceed
256 equal to the amount of the license fee. The department shall
257 establish by rule the amount of the late fee.
258 Section 8. Paragraph (f) is added to subsection (12) of
259 section 493.6115, Florida Statutes, to read:
260 493.6115 Weapons and firearms.-
261 (12) The department may issue a temporary Class "G"
262 license, on a case-by-case basis, if:
263 (f) The applicant has been issued and currently holds a
264 valid Class "C," Class "CC," Class "D," Class "M," Class "MA,"
265 or Class "MB" license.
266 Section 9. Subsection (3) is added to section 493.6123,
267 Florida Statutes, to read:
268 493.6123 Publication to industry.-
269 (3) The department, at its discretion, may publish all
270 information required by this section online in lieu of paper
271 format.
272 Section 10. Paragraphs (b) and (c) of subsection (6) of
273 section 493.6203, Florida Statutes, is amended to read:
274 493.6203 License requirements.-In addition to the license
275 requirements set forth elsewhere in this chapter, each
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276 individual or agency shall comply with the following additional
277 requirements:
278 ( 6)
279 (b) Before submission of an application to the department,
280 the applicant for a Class "CC" license must have completed a
281 minimum of 40 hours of professional training pertaining to
282 general investigative techniques and this chapter, which course
283 is offered by a state university or by a school, community
284 college, college, or university under the purview of the
285 Department of Education, and the applicant must pass an
286 examination. Training must have been completed within 3 years
287 before the date of receipt of the application. The certificate
288 evidencing satisfactory completion of the 40 hours of
289 professional training must be submitted to the department by the
290 school, community college, college, or university with the
291 application for a Class "CC" license. The training specified in
292 this paragraph may be provided by face-to-face presentation,
293 online technology, or a home study course in accordance with
294 rules and procedures of the Department of Education. The
295 administrator of the examination must verify the identity of
296 each applicant taking the examination.
297 1. Upon an applicant's successful completion of each part
298 of the approved training and passage of any required
299 examination, the school, community college, college, or
300 university shall issue a certificate of completion to the
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301 applicant. The certificates must be on a form established by
302 rule of the department.
303 2. The department shall establish by rule the general
304 content of the professional training and the examination
305 criteria.
306 3. If the license of an applicant for relicensure is
307 invalid for ffiore than 1 year, the applicant ffiust coR9.plete the
308 required training and pass any required e,mmination.
309 (c) An individual licensed on or before August 31, 2008,
310 is not required to coR9.plete additional training hours in order
311 to renew an active license beyond the total required hours, and
312 the tiffiefraffie for coR9.pletion in effect at the tiffie he or she was
313 licensed applies.
314 Section 11. Subsection (4) of section 493.6301, Florida
315 Statutes, is amended to read:
316 493.6301 Classes of licenses.-
317 (4) A Class "D" licensee must shall own or be an employee
318 of a Class "B" security agency or branch office. However, this
319 subsection does not apply to include those individuals who~
320 ~ Are exempt under s. 493.6102(4) but who possess a
321 Class "D" license solely for the purpose of holding a Class "G"
322 license; or
323 (b) Carry a firearm in the course of their duties as a
324 security officer employed by a church or by an ecclesiastical or
325 a denominational organization that has an established physical
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326 place of worship in this state at which nonprofit religious
327 services and activities are regularly conducted or by a church
328 cemetery to provide security on the property of the church,
329 organization, or cemetery.
330 Section 12. Subsection (4) of section 493.6303, Florida
331 Statutes, is amended to read:
332 493.6303 License requirements.-In addition to the license
333 requirements set forth elsewhere in this chapter, each
334 individual or agency must comply with the following additional
335 requirements:
336 ( 4) (a) An applicant for an initial a Class "D" license
337 must successfully complete submit proof of successful completion
338 e.f: a minimum of 40 hours of professional training at a school or
339 training facility licensed by the department within 3 years
340 before the date of receipt of the application. The department
341 shall by rule establish the general content and number of hours
342 of each subject area to be taught. Upon completion of such
343 training, the school or training facility shall submit the
344 results directly to the department electronically in a manner
345 prescribed by rule of the department. The school or training
346 facility shall also provide a copy of the training results to
347 the trainee.
348 (b) The training required in paragraph (a) may be
349 conducted by in-person or online instruction, or a combination
350 thereof, as provided by the department in rule. All approved
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351 online training shall be conducted through a secure website of
352 the school or training facility, provided that the applicant's
353 identity, attendance, and successful completion of such training
354 are verified. The department shall adopt by rule what portion of
355 the 40 hours of training may be conducted online, any method of
356 delivery and security protocols for online training, and any
357 other rules necessary for the regulation of schools providing
358 in-person or online training Upon reapplication for a license,
359 an individual whose license has been e}cpired for 1 year or more
360 is considered an initial applicant and must submit proof of
361 successful completion of 40 hours of professional training at a
362 school or training facility licensed by the department as
363 provided in paragraph (a) before a license is issued.
364 Section 13. Subsection (2) of section 493.6304, Florida
365 Statutes, is amended to read:
366 493.6304 Security officer school or training facility.-
367 (2) The application shall be signed and verified by the
368 applicant under oath as provided ins. 92.525 and must contain,
369 at a minimum, the following information:
370 (a) The name and address of the school or training
371 facility and, if the applicant is an individual, her or his
372 name, address, and social security or alien registration number.
373 (b) The street address and, if applicable, the website
374 address of the place at which the training is to be conducted.
375 (c} A copy of the training curriculum and final
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376 examination to be administered.
377 Section 14. Subsection (2) of section 493.6403, Florida
378 Statutes, is amended to read:
379 493.6403 License requirements.-
380 (2) An applicant for an initial a Class "E" or a Class
381 "EE" license must successfully complete submit proof of
382 oucceooful completion of 40 hours of professional training at a
383 school or training facility licensed by the department within 3
384 years before the date of receipt of the application. The
385 department shall by rule establish the general content for the
386 training. Upon completion of such training, the school or
387 training facility shall submit the results directly to the
388 department electronically in a manner prescribed by rule of the
389 department. The school or training facility shall also provide a
390 copy of the training results to the trainee.
391 Section 15. Subsection (2) of section 493.6406, Florida
392 Statutes, is amended to read:
393 493.6406 Recovery agent school or training facility.-
394 (2) The application must be signed and verified by the
395 applicant under oath as provided ins. 92.525 and shall contain,
396 at a minimum, the following information:
397 (a} The name and address of the school or training
398 facility and, if the applicant is an individual, his or her
399 name, address, and social security or alien registration number.
400 (b} The street address of the place at which the training
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401 is to be conducted or the street address of the Class "RS"
402 school offering Internet-based or correspondence training.
403 (c) A copy of the training curriculum and final
404 examination to be administered.
405 Section 16. This act shall take effect July 1, 2020.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 7089 PCB HMR 20-04 Nicotine Products
SPONSOR(S): Health Market Reform Subcommittee, Toledo
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Health Market Reform Subcommittee 14 Y, 1 N Morris Calamas
1) Commerce Committee Brackett /) /J Hamon
2) Judiciary Committee
SUMMARY ANALYSIS
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for the regulation of tobacco products. "Tobacco products" are
loose tobacco leaves, products made from tobacco leaves, and cigarette wrappers, which can be used for
smoking, sniffing, or chewing. Retailers that sell or deal, at retail, in tobacco products are required to have a
permit issued by the Division and are required to comply with certain provisions related to the sale of such
products. The Division enforces the tobacco regulations, may issue fines to permit holders for violations, or
suspend or revoke such permits.
Nicotine products and nicotine dispensing devices are not included in the definition of tobacco products.
Retailers that sell only nicotine products and nicotine dispensing devices are not required to obtain a tobacco
retailer permit or a permit from any other state agency. As such, these retailers are not subject to state
regulatory oversight.
Punitive damages are damages awarded in a civil case as an enhancement of actual damages when a
defendant's wrongful conduct was intentional, malicious, or reckless. They are imposed as a punishment of the
defendant and as a deterrent to others. In most cases the cap on punitive damages is the greater of three
times the amount of compensatory damages or $500,000.
The bill creates a retail nicotine products dealer permit which must be obtained from the Division to sell
nicotine products in this state. This establishes state regulatory oversight for retailers of nicotine products and
nicotine dispensing devices. The regulations for the sale of nicotine products and nicotine dispensing devices
mirror the regulations for the sale of tobacco products; however, the bill does not impose a tax or licensing fee
similar to tobacco products.
The bill authorizes a holder of a tobacco retail permit to sell nicotine products in addition to tobacco products.
The bill allows punitive damages to be awarded in actions for damages against manufacturers of vapor-
generating electronic devices, nicotine products, or nicotine dispensing devices up to the greater of four times
the amount of compensatory damages or $2 million.
The bill has a significant, indeterminate, negative fiscal impact on DBPR.
The bill provides an effective date of October 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Federal Regulation of Tobacco Products
The Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control Act) gives the
Food and Drug Administration (FDA) authority to regulate the manufacture, distribution, and marketing
of tobacco products to protect the public health. The Tobacco Control Act provides advertising and
labeling guidelines, provides standards for tobacco products, and requires face-to-face transactions for
tobacco sales with certain exceptions. 1
On August 8, 2016, the FDA extended the definition of "tobacco product[s]" regulated under the Act to
include electronic nicotine delivery systems (ENDS). ENDS include e-cigarettes, e-cigars, e-hookah,
vape pens, personal vaporizers and electronic pipes. Additionally, the definition of tobacco products
includes components and parts such as e-liquids, tanks, cartridges, pods, wicks, and atomizers.
Federal law requires that a retailer may sell cigarettes and smokeless tobacco only in "direct, face-to-
face exchanges between the retailer and the customer." This language explicitly prohibits vending
machines and self-service displays. 2 This language is referred to in the industry as the "behind the
counter'' language; however, this does not specifically require that a retailer place cigarettes or
smokeless tobacco behind the counter. A locked display case would likely meet the self-service display
prohibition. Facilities that prohibit minors under the age of 18 are exempted from this federal
requirement.
Federal law preempts states from providing additional or different requirements for tobacco products in
regards to "standards, premarket review, adulteration, misbranding, labeling, registration, good
manufacturing standards, or modified risk tobacco products." However, federal law explicitly preserves
the right of states, or any political subdivision of a state, to enact laws, rules, regulations or other
measures related to prohibiting the sale, distribution, possession, exposure to, access to, advertising
and promotion of tobacco products which are more stringent than federal requirements. 3
On December 20, 2019, the Federal Food, Drug, and Cosmetic Act was amended to raise the federal
minimum age of sale of tobacco products, including ENDS, from 18 to 21 years. 4 The law became
effective on January 15, 2020, with the FDA announcing that retailers may no longer sell tobacco
products to anyone under the age of 21. 5 Prior to the enactment of this amendment the FDA used
minors to ensure that retailers were complying with the law. Despite the change in the law, the FDA will
continue to use minors under the age of 18 for compliance checks during the transition period. 6 The
FDA did not provide any further guidance but stated that it would be "updating our website and other
materials, including our regulations, in the near future to reflect the change in law". 7
1 Federal Food, Drug, and Cosmetic Act, 21 USC s. 351 et seq; 15 U.S.C. s. 1333, s. 1335 (2017); 21 U.S.C. s. 387g, s. 387f (2017).
2
21 C.F.R. § 1140.14.
3
21 U.S.C. s. 387p (2017).
4
Newly Signed Legislation Raises Federal Minimum Age of Sale of Tobacco Products to 21, United States Food and Drug
Administration, January 15, 2019, available at https://www.fda.gov/tobacco-products/ctp-newsroom/newly-signed-legislation-raises-
federal-minimum-age-sale-tobacco-products-21 (last visited February 11, 2020).
5 Id.
6 Id. The FDA states that it "recognizes that both the agency and some retailers will need to update current practices to implement this
new law as FDA will need time to do outreach and education to retailers and update the Agency's programmatic work to reflect this
change in law." The FDA does not provide a timeline for how long it anticipates this transition period will last.
7
Id.
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The federal government does not require states to enforce the federal minimum age, but states that do
not demonstrate that their retailers are complying with the federal minimum age are subject to a
possible reduction in funding for Substance Abuse Prevention and Treatment Block Grants. 8 Substance
Abuse and Prevention and Treatment Block Grants are administered by the U.S. Department of Health
and Human Services, and are federal funds provided to the states to prevent substance abuse. 9
However, the federal government will not reduce a block grant for failing to enforce the federal
minimum age for at least three years. 10
E-Cigarette, or Vaping, Product Use-Associated Lung Injury (EVALI)
As of January 14, 2020, there have been 2,668 cases of EVALI and sixty deaths in the United States.
113 of the cases and two of the deaths have been in Florida. According to the Centers for Disease
Control (CDC), tetrahydrocannabinol (THC) and Vitamin E acetate are strongly linked to the outbreak of
EVALI. The CDC and FDA recommend that people not use THC-containing vaping products,
particularly from informal sources like friends, family, or in-person or online dealers. 11
Symptoms of the lung injury include: 12
• Cough, shortness of breath, or chest pain;
• Nausea, vomiting, or diarrhea; and
• Fatigue, fever, or abdominal pain.
The CDC has the following data on the age and sex of 2,668 of the cases: 13
• 66% of the patients are male;
• The median age of patients is 24 years old and ranges from 13-85 years. However, 76% of the
patients are under 35 years old;
• By age group category:
o 15% of patients are under 18 years old;
o 37% of patients are 18 to 24 years old;
o 24% of patients are 25 to 34 years old; and
o 24% of patients are 35 years or older.
Regulation of Tobacco Products in Florida
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of
the tobacco products under ch. 569, F.S. "Tobacco products" include loose tobacco leaves, and
products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for
smoking, sniffing, or chewing. 14
8 H.R. 1865 Further Consolidated Appropriations Act, 2020, 116th Congress (2019-2020).; 42. U.S.C. § 300x-26.
9
USDHHS, Substance Abuse Prevention and Treatment Block Grant, https://www.samhsa.gov/grants/block-grants/sabg (last visited
Jan. 27, 2020)
10 H.R. 1865 Further Consolidated Appropriations Act, 2020, 116th Congress (2019-2020).; 42. U.S.C. § 300x-26.
11
CDC, Outbreak of Lung Injury Associated with the Use of E-Cigarette, or Vaping, Products,
https://www.cdc.gov/tobacco/basic information/e-cigarettes/severe-lung-disease.html#latest-outbreak-information (last visited Feb. 7,
2020).Florida Department of Health, Lung Injury Associated with E-Cigarette Use, or Vaping- Florida, Florida Department of Health
http://www.flhealthcharts.com/ChartsReports/rdPage.aspx?rdReport=ChartsProfiles.LunglnjuryE-CiqaretteUse (last visited Feb. 7,
2020).
12 CDC, For the Public, https://www.cdc.gov/tobacco/basic information/e-cigarettes/severe-lung-disease/need-to-know/index.html (last
visited Feb. 7, 2020).
13 Supra, note 11.
14
S. 569.002(6), F.S.
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Section 210.25(11 ), F.S., relating to the tax on tobacco products other than cigarettes or cigars, defines
the term "tobacco products" differently as "loose tobacco suitable for smoking; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps;
clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such
manner as to be suitable for chewing."
"Tobacco products" in either definition does not include nicotine products and nicotine dispensing
devices.
An individual must obtain a retail tobacco products dealer permit from the Division for each place of
business or the premises where tobacco products are sold to be eligible to sell retail tobacco products,
or operate a tobacco products vending machine in Florida. The fee for such a permit is $50. 15 The
Division may only issue permits to persons who are 18 years or older or corporations with officers who
are 18 years or older. 16 The place or premises covered by a permit is subject to inspection and search
without a search warrant by the Division or its authorized assistants, and by sheriffs, deputy sheriffs, or
police officers, to determine compliance with requirements for tobacco sales and dealing. 17
DBPR is required to submit an annual report to the Governor and Legislature regarding the
enforcement of tobacco products, including: 18
• The number and results of compliance visits by the Division;
• The number of violations for failure of a retailer to hold a valid license;
• The number of violations for selling tobacco products to anyone under the age of 18 and the
results of administrative hearings on such violations; and
• The number of people under the age of 18 cited, including sanctions imposed as a result of
such citation, for misrepresenting their age, purchasing tobacco products underage, and
misrepresenting military service for the purpose of obtaining tobacco products underage.
Florida also has an excise tax and surcharge on cigarettes and other tobacco products, not including
cigars. The tax and surcharge for cigarettes is $0.1695 to $0.42375 per pack and a surcharge of $0.50
to $1.25 per pack depending on the number of cigarettes in the pack. The excise tax for tobacco
products is 25% of the wholesale price and the surcharge is 60% of the wholesale price. There is no
excise tax or surcharge for nicotine products or nicotine dispensing devices. 19
Requirements for Tobacco Products Retailers
Signage
Retail tobacco products dealers (dealers) must post a clear and conspicuous sign that the sale of
tobacco products is prohibited to persons under the age of 18 and that proof of age is required for
purchase. The Division is required to make the signs available to retailers. Dealers must also have
instructional material in the form of a calendar or similar format to assist in determining the age of the
person attempting to purchase a tobacco product. 20
15 S. 569.003, F.S.
16 S. 569.003, F.S.
17
S. 569.004, F.S.
18 S. 569.19, F.S.
19
Ss. 210.011, 210.02, 210.276, & 210.30, F.S.; DBPR, Alcholic Beverages & Tobacco - Tax & Reporting Information For Licensees,
http://www. myfloridalicense. com/DB P Rfalcohol ic-beverages-and-tobacco/tax-and-reporting-i nformation-for-licensees/#151 07 538427 53-
25986d10-086f (last visited Jan. 28, 2020).
20 S. 569.14, F.S.
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Direct Sales
The sale or delivery of tobacco products is prohibited, except when those products are under the direct
control or line of sight of the dealer or the dealer's agent or employee in order to prevent persons under
18 years of age from purchasing or receiving tobacco products. If a tobacco product is sold from a
vending machine, the vending machine must have:
• An operational lockout device which is under the control of the dealer or the dealer's agent or
employee who directly regulates the sale of items through the machine by triggering the lockout
device to allow the dispensing of one tobacco product;
• A mechanism on the lockout device to prevent the machine from functioning if the power source
for the lockout device fails or if the lockout device is disabled;
• A mechanism to ensure that only one tobacco product is dispensed at a time. 21
These requirements for the sale of tobacco products do not apply to an establishment that prohibits
persons under 18 years of age on premises and do not apply to the sale or delivery of cigars and pipe
tobacco. 22
If the Division determines a tobacco product dealer or a tobacco product dealer's employee violated the
regulations for tobacco product dealers, the Division can suspend or revoke the dealer's permit or
assess a fine up to $1,000 for each violation. 23
If the Division discovers a tobacco product dealer's employee illegally sold tobacco products to a
person under 18 years, the Division may mitigate penalties, if:
• The dealer is qualified as a responsible dealer by establishing and implementing specified
practices designed to ensure that the dealer's employees comply with ch. 569, F.S., such as
employee training.
• The dealer had no knowledge of that employee's violation at the time of the violation and did not
direct, approve, or participate in the violation.
• The sale was made through a vending machine equipped with an operational lock-out device. 24
Mail Order, Internet, and Other Remote Sales of Tobacco Products in Florida
Section 210.095, F.S., provides requirements for the delivery of mail order, Internet, and other remote
sales of tobacco products and cigarettes, referred to as "delivery sales." Each person who mails, ships,
or otherwise delivers tobacco products or cigarettes in connection with an order for a delivery sale is
required to:
• Include, as part of the shipping documents, in a clear and conspicuous manner, the following
statement: "Tobacco Products: Florida law prohibits shipping to individuals under 18 years of
age and requires the payment of all applicable taxes."
• Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address and obtain proof of
the legal minimum purchase age of the individual accepting delivery, if the individual
appears to be under 27 years of age.
o Require proof that the individual accepting delivery is either the addressee or the adult
designated by the addressee, in the form of a valid, government-issued identification
card bearing a photograph of the individual who signs to accept delivery of the shipping
container.
21 S. 569.007(1), F.S.
22 S. 569.007(2)-(3), F .S.
23 S. 569.006, F.S.
24
Sees. 569.008(3), F.S.
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• Provide to the delivery service, if such service is used, evidence of full compliance with
requirements for the collection and remittance of all taxes imposed on tobacco products or
cigarettes by this state with respect to the delivery sale.
Before the first delivery to a consumer, the person mailing, shipping, or delivering the tobacco products
or cigarettes must also: 25
• Obtain a certification from the person accepting delivery that includes reliable confirmation that
the person accepting delivery is an adult, and a written statement under penalty of perjury
providing the person's date of birth, address, and confirmation that the person wants to accept
the delivery;
• Make a good faith effort to verify the information in the certification by checking the information
against a commercially available database or obtaining a photocopy of the person's ID;
• Provides the person accepting the delivery a notice stating tobacco products are illegal for
underage youths and tobacco products are taxable;
• Impose a two-carton minimum on each order of cigarettes;
• Submit to the credit card company necessary information so that the words "tobacco product"
appear on the person's credit card statement when a purchase is made using a credit card;
• Make a phone call to the individual who made the order to confirm the order before shipping the
order; and
• Receive payment by a credit card or debit card in the name of the person accepting delivery or
a personal or company check of the person, if the order is made in accordance with an
advertisement on the Internet.
A person who accepts a purchase order for a delivery sale and delivers the tobacco products or
cigarettes without using a delivery service must comply with all of the delivery service requirements. 26
Section 210.095(8), F.S., currently provides that the penalty for the following violations of the delivery
sale requirements is a misdemeanor of the third degree: 27
• A delivery of tobacco products, on behalf of a delivery service, to an individual who is under 18
years of age.
• A person under the age of 18 who knowingly violates any of the provisions of the mail order or
internet sales requirements.
These provisions do not apply to nicotine products and nicotine dispensing devices. However, it is
illegal for a person to deliver nicotine products or nicotine dispensing devices to persons under 18
years of age. 28
Tobacco Products and Minors
The sale, delivery, bartering, furnishing or giving of tobacco products or giving sample to products to
persons under the age of 18 is prohibited. 29 A violation of this prohibition is a second degree
25 fd.
26
S. 210.095, F.S.
27
Section 775.082, F .S., does not provide a third degree misdemeanor. Section 775.082, F .S., provides that a misdemeanor of the
second degree is punishable by a term of imprisonment not to exceed 60 days. Section 775.083, F.S., does not provide a third degree
misdemeanor. Section 775.083, F .S., provides that a misdemeanor of the second degree is punishable by a fine not to exceed $500.
28 S. 877.112(2), F.S.
2s Ss. 569.0075, 101, F .S.
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misdemeanor. 30 A second or subsequent violation within one year of the first violation is a first degree
misdemeanor. 31
It is a complete defense to a person charged with such a violation if the buyer or recipient falsely
evidenced that he or she was 18 years of age or older, a prudent person would believe the buyer or
recipient to be 18 years of age or older, and the buyer or recipient presented false identification upon
which the person relied upon in good faith. 32
Persons under the age of 18 years are prohibited from knowingly possessing, directly or indirectly, any
tobacco products. Person who violate this noncriminal violation are punishable as follows: 33
• A first violation of this prohibition is a non-criminal violation with a penalty of 16 hours of
community service or a $25 fine, and attendance at a school-approved anti-tobacco program, if
locally available.
• A second violation within 12 weeks of the first violation is punishable with a $25 fine.
• A court may suspend or withhold issuance of a driver license for persons under 18 years of age
who fail to complete the noncriminal penalties for knowingly possessing or misrepresenting their
age in order to purchase tobacco products.
However, this does not include any person under the age of 18 who: 34
• Has had his or her disability of nonage removed under ch. 743, F.S.;
• Is in the military reserve or on active duty in the Armed Forces of the United States;
• Is otherwise emancipated by a court of competent jurisdiction and released from parental care
and responsibility; or
• Is acting in his or her scope of lawful employment with an entity licensed under the provisions of
ch. 210, F.S., relating to taxation of cigarettes and other tobacco products, or ch. 569, F.S.,
relating to tobacco products.
Eighty percent of all civil penalties received from violating prohibitions related to the possession or sale
of tobacco products by a county court must be remitted to the Department of Revenue for transfer to
the Department of Education for teacher training and for research and evaluation to reduce and prevent
the use of tobacco products, nicotine products, or nicotine dispensing devices by children. 35 The
remaining 20 percent of civil penalties received by a county court must remain with the clerk of the
county court to cover administrative costs. 36
The Florida Clean Indoor Air Act prohibits any person under the age of 18 from smoking tobacco within
1,000 feet of a public or private elementary, middle, or secondary school between the hours of 6 a.m.
and midnight. A violation of this prohibition is punishable by a maximum noncriminal civil penalty not to
exceed $25, or 50 hours of community service or, where available, successful completion of a school-
approved anti-tobacco "alternative to suspension" program. 37
30 S. 775.082, F.S., provides that the penalty for a misdemeanor of the second degree is punishable by a term of imprisonment not
exceeding 60 days. Section 775.083, F .S. provides that the penalty for a misdemeanor of the second degree is punishable by a fine not
to exceed $500.
31 S. 775.082, F .S., provides that the penalty for a misdemeanor of the first degree is punishable by a term of imprisonment not
exceeding one year. Section 775.083, F .S. provides that the penalty for a misdemeanor of the first degree is punishable by a fine not to
exceed $1,000.
32 S. 569.101(3), F.S.
33 S. 569.11, F.S.
34 S. 569.002(7), F.S.
35 S. 569.11(6), F.S.
36 /d.
37 S. 386.212, F.S.
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Nicotine Products Regulation in Florida
Section 877.112, F.S., provides for the regulation of nicotine products and nicotine dispensing devices,
such as electronic cigarettes (e-cigarettes). This statute extends the current prohibitions related to
tobacco products to the sale, gifting, possession, or use of nicotine products and nicotine dispensing
devices to and by persons under 18 years of age.
A "nicotine dispensing device" is: 38
any product that employs an electronic, chemical, or mechanical means to produce vapor from
a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge
for such device, and any other container of nicotine in a solution or other form intended to be
used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or
other similar device or product
A "nicotine product" is any product that contains nicotine, including liquid nicotine intended for human
consumption, whether inhaled, chewed, absorbed, dissolved or ingested by any means. 39 The definition
does not include a tobacco product under Florida law, a drug or device under federal law, or a product
that contains incidental nicotine. 40
The sale or giving of nicotine products or nicotine dispensing devices to any person under 18 years of
age is prohibited and punishable as a second degree misdemeanor. 41 It is a complete defense to a
violation if an underage person falsely misrepresented his or her age, the underage person had the
appearance to a prudent person to be 18 years of age or older, and the person carefully checked, and
relied on, the driver license or identification card of the recipient. 42
Persons under 18 years of age who knowingly possess, purchase, or misrepresent their age or military
service to obtain nicotine products or nicotine dispensing devices commit a noncriminal violation. 43 The
penalty is 16 hours of community service or a $25 fine for a first violation, and attendance at a school-
approved anti-tobacco and nicotine program, if available. A second violation within 12 weeks of the first
violation requires a $25 fine. A court may suspend or withhold issuance of a driver's license for persons
under 18 years of age who fail to complete the noncriminal penalties for knowingly possessing or
misrepresenting their age in order to purchase tobacco products. 44
Eighty percent of civil penalties related to the unlawful possession or sale of nicotine products are
remitted to the Department of Revenue for transfer to the Department of Education for teacher training
and for research and evaluation to reduce and prevent the use of tobacco products, nicotine products,
or nicotine dispensing devices by children. 45 The remaining 20 percent of civil penalties received by a
county court are retained by the clerk of the county court to cover administrative costs. 46
Retail dealers of nicotine products and nicotine dispensing devices are required to post signs indicating
that the sale of nicotine products and nicotine dispensing devices to persons under 18 years of age is
prohibited and that proof of age is required for purchase. Retailers must also have instructional material
38 S. 877.112(1)(a), F.S.
39 S. 877.112(1)(b), F.S.
40 Id.
41 Section 775.082, F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not to exceed 60
days. Section 775.083, F .S. provides that a misdemeanor of the second degree is punishable by a fine not to exceed $500.
4 2 S. 877.112(5), F.S.
4
3 Ss. 877.112(6), (7), F.S.
44 fd.
4 s S. 877.112(9), F.S.
46 /d.
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in the form of a calendar or similar format to assist in determining the age of the person attempting to
purchase a nicotine product or nicotine dispensing device. 47
Nicotine products or nicotine dispensing devices may not be sold or displayed by means of self-service
merchandising. 48 Self-service merchandising means the open display of nicotine products or nicotine
dispensing devices for direct customer access and handling before the purchase of such product
without the assistance of the retailer or the retailer's employee. However, this does not apply to
establishments that prohibit persons under the age of 18 on the premises. 49
Laws related to nicotine products and nicotine dispensing devices are different from tobacco laws in the
following ways:
• Nicotine retailers are not required to obtain a tobacco products dealer permit from the Division;
• Nicotine retailers are not subject to inspection without a search warrant.
• The Division does not have authority to discipline a nicotine retailer for violating any of the
regulations relating to the retail sale of nicotine products and nicotine dispensing devices.
• The requirements for internet and remote sales of tobacco products do not apply to nicotine
products or nicotine dispensing devices.
• There are no exemptions for the prohibition of the purchase and possession of nicotine products
and nicotine dispensing products by persons under 18 years old, such as military service.
Youth Vaping
The FDA reports that between 2011 and 2014, the number of high school students who had used an e-
cigarette in the last 30 days increased nearly 800 percent, with 13.4 percent of high school students
reporting usage in 2014. 50 In 2018, over 4.9 million middle and high school students were current users
of e-cigarettes. 51 As of 2018, more than one in four high school seniors and one in ten middle school
students used e-cigarettes. 52 In 2019, among middle and high school students, over 5 million were
current users of e-cigarettes, and almost 1 million were using e-cigarettes daily. 53
In order to decrease youth usage of ENDS, the FDA has begun a Youth Tobacco Prevention Plan. The
plan has three main components: preventing youth access to tobacco products, ending marketing
aimed at youth, educating youth about the dangers of using tobacco and educating retailers about their
role in preventing underage usage of tobacco. 54
Punitive Damages
Punitive damages are damages awarded in a civil case as an enhancement of actual damages when a
defendant's wrongful conduct was intentional, malicious, or reckless. They are imposed as a
punishment of the defendant and as a deterrent to others. 55
4 7 S. 877.112(10), F.S
48 Ss. 877.112(11), (12), F.S.
49 Id.; S. 877.112(1), F.S.
°Food and Drug Administration, 81 C.F.R. 28973, https://www.federalregister.gov/d/2016-10685/p-635 (last visited Mar. 22, 2019).
5
51 Food and Drug Administration, Statement from FDA Commissioner Scott Gottlieb, M.D., on new data demonstrating rising youth use
of tobacco products and the agency's ongoing actions to confront the epidemic of youth e-cigarette use, https://www.fda.gov/news-
events/press-announcements/statement-fda-commissioner-scott-gottlieb-md-new-data-demonstrating-rising-youth-use-tobacco (last
visited Feb. 7, 2020).
52 Id.
53 Food and Drug Administration, Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS),
https://www.fda.gov/tobacco-products/products-ingredients-components/vaporizers-e-cigarettes-and-other-electronic-nicotine-delivery-
systems-ends (las visited Feb. 7, 2020).
54 Food and Drug Administration, FDA's Youth Tobacco Prevention Plan,
https://www.fda.gov/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/ucm608433.htm (last visited Feb. 7, 2020).
55 17 Fla. Jur 2d Damages§§ 122 and 123.
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Section 768.725, F.S., requires that the right to receive punitive damages must be demonstrated by
clear and convincing evidence at trial. 56 The plaintiff must prove the defendant "had actual knowledge
of the wrongfulness of the conduct and the high probability that injury or damage ... would result" or "that
the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or
indifference" to the life, safety, or rights of others. 57 Thus, a plaintiff must make a stronger case for
punitive damages than he or she must make for actual damages.
Section 768.73(1), F.S., currently provides a general cap on punitive damages of three times the
amount of compensatory damages or $500,000, whichever is greater.
This cap may be exceeded where the trier of fact finds that the defendant's wrongful conduct was
motivated by a desire for unreasonable financial gain and the defendant knew of the unreasonably
dangerous nature of the conduct and the high likelihood of injury. In such cases, the cap on punitive
damages increases to four times the amount of compensatory damages or $2,000,000, whichever is
greater. However, there is no cap on punitive damages in cases where the defendant had a specific
intent to harm the claimant and the defendant's conduct actually harmed the claimant. 58
Section 768.73(2), F.S., also restricts multiple awards of punitive damages. A defendant in a civil action
may avoid subsequent punitive damages if the defendant can establish that punitive damages have
previously been awarded against the defendant in any state or federal court for harm from the same act
or course of conduct for which the claimant seeks damages. However, subsequent punitive damages
may be awarded if the court determines by clear and convincing evidence that the amount of prior
punitive damages awarded was insufficient to punish the defendant's behavior. The wrongdoer's
cessation of the wrongful conduct may be considered in making this determination. If a subsequent
award is permitted, the finder of fact will determine the total punitive damages appropriate to punish the
conduct. The court will then enter judgment for that amount less any prior punitive damages awards.
Effect of Proposed Changes
The bill establishes state regulatory oversight for retailers of nicotine products and nicotine dispensing
devices. The regulations for the sale of nicotine products and nicotine dispensing devices mirror the
regulations for the sale of tobacco products; however, the bill does not impose a tax or licensing fee
similar to tobacco products. The bill also includes regulations for the sale and delivery of nicotine
products and nicotine dispensing devices through the mail and over the Internet, which are similar to
the regulations for tobacco products, to ensure sales and deliveries are not to persons under age.
Nicotine Products Regulation in Florida
The bill creates a retail nicotine products dealer permit which must be obtained from DBPR to be able
to sell nicotine products, at retail, in this state. This permit however does not allow for the sale of
tobacco products. The bill includes nicotine products, in addition to tobacco products, as those products
that may be sold by an individual who holds a retail tobacco products dealer permit.
"Nicotine products" include any product that contains nicotine, including liquid nicotine, which is
intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any
means. This also includes a nicotine dispensing device, such as an electronic cigarette, that
employs an electronic, chemical, or mechanical means to produce a vapor from a nicotine product.
Products not considered to be nicotine products include:
56
The "clear and convincing evidence" standard is an intermediate burden of proof requiring that the evidence must be of "such weight
that it produces in the mind of the trier of fact a firm belief or conviction, without hesitancy, as to the truth of the allegations sought to be
established." See S. Fla. Water Mgmt. Dist. v. RU Live Oak, LLC, 139 So. 3d 869,872 (Fla. 2014).
57
S. 768.72, F.S.
58
See also s. 768.736, F.S. (removing the cap on punitive damages where the defendant was intoxicated); s. 768.735, F.S. (providing
for different rules for punitive damages in special cases, such as those involving child abuse and elder abuse).
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• Tobacco products;
• Products regulated as a drug or device by the FDA; or
• Products that contain incidental nicotine.
The bill requires a person to obtain a retail nicotine products dealer permit for each place of business or
the premises where nicotine products are to be sold face-to-face or through a vending machine. The
Division may only issue permits to persons who are 18 years or older or corporations with officers who
are 18 years or older. 59 The bill provides for the place or premises covered by a permit be subject to
inspection and search without a search warrant by the Division or its authorized assistants, and by
sheriffs, deputy sheriffs, or police officers, to determine compliance with requirements for nicotine sales
and dealing.
The bill repeals s. 877.112, F.S., which currently regulates nicotine products in this state.
Requirements for Retail Nicotine Products Dealers
Signage
The bill requires nicotine product retailers to post a clear and conspicuous sign that the sale of nicotine
products is prohibited to persons under the age of 18 and that proof of age is required for purchase.
The Division is required to make the signs available to nicotine product retailers. Nicotine product
retailers must also have instructional material in the form of a calendar or similar format to assist in
determining the age of the person attempting to purchase a nicotine product.
Direct Sales
The bill prohibits the sale or delivery of nicotine products except when those products are under the
direct control or line of sight of the nicotine product retailer or the nicotine product retailer's agent or
employee. The bill permits nicotine products to be sold from a vending machine if the vending machine
has:
• An operational lockout device which is under the control of the nicotine product retailer or the
nicotine product retailer's agent or employee who directly controls the sale of items through the
machine by triggering the lockout device to allow the dispensing of one nicotine product;
• A mechanism on the lockout device to prevent the machine from functioning if the power source
for the lockout device fails or if the lockout device is disabled; and
• A mechanism to ensure that only one nicotine product is dispensed at a time.
The bill also prohibits nicotine products from being sold or displayed by means of self-service
merchandising. Self-service merchandising means the open display of nicotine products or nicotine
dispensing devices for direct customer access and handling before the purchase of such product
without the assistance of the retailer or the retailer's employee. 60
The bill exempts establishments that prohibit people under the age of 18 on premises from such sales
requirements.
Mitigating Penalties for Underage Sales
If the Division determines a nicotine product retailer or a nicotine product retailer's employee violated
the regulations for nicotine product retailers, the Division can suspend or revoke the retailer's permit or
assess a fine up to $1,000 for each violation.
59
S. 569.003, F.S.
so S. 877.112(1), F.S.
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If the Division discovers a nicotine product retailer's employee illegally sold tobacco products to a
person under 18, the bill allows the Division to mitigate penalties if:
• The nicotine product retailer is qualified as a responsible retailer by establishing and
implementing specified practices designed to ensure that the nicotine product retailer's
employees comply with Florida laws regulating the sale of nicotine products, such as employee
training;
• The nicotine product retailer had no knowledge of that employee's violation at the time of the
violation and did not direct, approve, or participate in the violation; and
• If the sale was made through a vending machine, the machine was equipped with an
operational lock-out device.
Nicotine Products and Minors
The bill prohibits the sale, delivery, bartering, furnishing or giving of nicotine products or giving sample
to products to anyone under the age of 18. A violation of this prohibition is a second degree
misdemeanor. A second or subsequent violation within one year of the first violation is a first degree
misdemeanor.
A person charged with such a violation to have a complete defense if:
• The buyer falsely represented that he or she was 18 years of age or older;
• The appearance of the buyer would indicate, to a prudent person, that the buyer was 18 years
of age or older; and
• The buyer presented false identification upon which the person relied upon in good faith.
The bill prohibits persons under the age of 18 from knowingly possessing, directly or indirectly, any
nicotine products. Any person who violates such prohibition commits a non-criminal violation,
punishable as follows:
• A first violation carries a penalty of 16 hours of community service or a $25 fine, and attendance
at a school-approved anti-tobacco and anti-nicotine program, if locally available.
• A second violation within 12 weeks of the first violation is punishable with a $25 fine.
• A court may suspend or withhold issuance of a driver's license for persons under 18 years of
age who fail to complete the noncriminal penalties for knowingly possessing or misrepresenting
their age in order to purchase nicotine products.
However, this does not include any person under the age of 18 who:
• Has had his or her disability of nonage removed under ch. 743, F.S.;
• Is in the military reserve or on active duty in the Armed Forces of the United States;
• Is otherwise emancipated by a court of competent jurisdiction and released from parental care
and responsibility; or
• Is acting in his or her scope of lawful employment.
The bill requires eighty percent of all civil penalties received from violating prohibitions related to the
possession or sale of nicotine products by a county court to be remitted to the Department of Revenue
for transfer to the Department of Education for teacher training and for research and evaluation to
reduce and prevent the use of nicotine products and or nicotine products by children. The remaining 20
percent of civil penalties received by a county court is required to remain with the clerk of the county
court to cover administrative costs.
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Mail Order, Internet. and Other Remote Sales of Nicotine Products in Florida
The bill creates requirements for the delivery of mail order, Internet, and other remote sales of nicotine
products, referred to as "delivery sales." Each person who mails, ships, or otherwise delivers nicotine
products in connection with an order for a delivery sale must:
• Include, as part of the shipping documents, in a clear and conspicuous manner, the following
statement: "Nicotine Products: Florida law prohibits shipping to individuals under 18 years of
age."
• Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address and obtain proof of
the legal minimum purchase age of the individual accepting delivery, if the individual
appears to be under 27 years of age.
o Require proof that the individual accepting delivery is either the addressee or the adult
designated by the addressee, in the form of a valid, government-issued identification
card bearing a photograph of the individual who signs to accept delivery of the shipping
container.
• Provide to the delivery service, if such service is used, evidence of full compliance with such
requirements.
Before the first delivery to a consumer, the bill requires the person mailing, shipping, or delivering the
nicotine products to:
• Obtain a certification from the person accepting delivery that includes reliable confirmation that
the person accepting the delivery is an adult, and a written statement under penalty of perjury
providing the person's date of birth, address, and confirmation that the person wants to accept
the delivery;
• Make a good faith effort to verify the information in the certification by checking the information
against a commercially available database or obtaining a photocopy of the person's ID;
• Provide the person accepting the delivery a notice stating nicotine products are illegal for
underage youths and sales of such products are restricted to individuals who provide verifiable
proof of legal age to purchase;
• Receive payment by a credit card or debit card in the name of the person accepting the delivery
or a personal or company check of the person accepting the delivery, if the order is made in
accordance with an advertisement on the Internet;
• Submit to the credit card company necessary information so that the words "nicotine product"
appear on the person's credit card statement when a purchase is made using a credit card; and
• Make a phone call to the person accepting the delivery to confirm the order before shipping the
order.
The bill requires a person who accepts a purchase order for a delivery sale and delivers the nicotine
products without using a delivery service to comply with all of the delivery service requirements.
The bill imposes a penalty for knowingly violating the delivery sale requirements as a misdemeanor of
the second degree.
The bill requires the Division to submit an annual report, by December 31, to the Governor and
Legislature on the progress of implementing and enforcing the above requirements, including:
• The number and results of compliance visits by the Division;
• The number of violations for failure of a retailer to hold a valid license;
• The number of violations for selling tobacco products to anyone under the age of 18 and the
results of administrative hearings on such violations; and
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• The number of people under the age of 18 cited, including sanctions imposed as a result of
such citation, for misrepresenting their age, purchasing tobacco products underage, and
misrepresenting military service for the purpose of obtaining tobacco products underage.
The bill changes the title of ch. 569, F.S., from "Tobacco Products" to "Tobacco and Nicotine Products."
The bill directs the Division of Law Revision to create parts I and II of ch. 569, F.S., entitled "Tobacco
Products" and "Nicotine Products," respectively.
Punitive Damages
The bill allows punitive damages to be awarded in actions for damages against manufacturers of vapor-
generating electronic devices, nicotine products, or nicotine dispensing devices up to the greater of four
times the amount of compensatory damages or $2 million.
The bill does not affect current law related to the standard for proving punitive damages, which first
requires that certain elements, including intentional misconduct or gross negligence, be proven by clear
and convincing evidence prior to a determination of the amount of the award of damages.
The bill provides an effective date of October 1, 2020.
B. SECTION DIRECTORY:
Section 1: Creates part II of ch. 596, F.S.
Section 2: Directs the Division of Law Revision to create part I of ch. 569, F.S., entitled "Tobacco
Products."
Section 3: Directs the Division of Law Revision to create part II of ch. 569, F.S., entitled "Nicotine
Products."
Section 4: Amends s. 569.002, F.S., relating to definitions.
Section 5: Amends s. 569.004, F.S., relating to consent to inspection and search without warrant.
Section 6: Amends s. 569.006, F.S., relating to retail tobacco products dealers; administrative
penalties.
Section 7: Amends s. 569.0073, F.S., relating to special provisions; smoking pipes and smoking
devices.
Section 8: Amends s. 569.009, F.S., relating to rulemaking authority.
Section 9: Amends s. 569.12, F.S., relating to jurisdiction; tobacco product enforcement officers or
agents; enforcement.
Section 10: Amends s. 569.14, F.S., relating to posting of a sign stating that the sale of tobacco
products to persons under 18 years of age is unlawful; enforcement; penalty.
Section 11: Amends s. 569.19, F.S., relating to annual report.
Section 12: Creates s. 569.30, F.S., relating to definitions.
Section 13: Creates s. 569.31, F.S., relating to retail nicotine products dealer permits.
Section 14: Creates s. 569.32, F.S., relating to consent to inspection and search without warrant.
Section 15: Creates s. 569.33, F.S., relating to operating without a retail nicotine products dealer
permit; penalty.
Section 16: Creates s. 569.34, F.S., relating to retail nicotine product dealers; administrative
penalties.
Section 17: Creates s. 569.37, F.S., relating to sale or delivery of nicotine products; restrictions.
Section 18: Creates s. 569.38, F.S., relating to gift of sample nicotine products and nicotine
dispensing devices.
Section 19: Creates s. 569.381, F.S., relating to responsible retail nicotine products dealers;
qualifications; mitigation of disciplinary penalties; diligent management and supervision;
presumption.
Section 20: Creates s. 569.39, F.S., relating to rulemaking authority.
Section 21: Creates s. 569.40, F.S., relating to selling, delivering, bartering, furnishing, or giving
nicotine products to persons under 18 years of age; criminal penalties; defense.
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Section 22: Creates s. 569.41, F.S., relating to possession, misrepresenting age or military service
to purchase, and purchase of nicotine products by persons under 18 years of age
prohibited; penalties; jurisdiction; disposition of fines.
Section 23: Creates s. 569.42, F.S., relating to posting a sign stating that the sale of nicotine
products to persons under 18 years of age is unlawful; enforcement; penalty.
Section 24: Creates s. 569.43, F.S., relating to annual report.
Section 25: Creates s. 569.45, F.S., relating to mail order, Internet, and remote sales of nicotine
products; age verification.
Section 26: Amends s. 768.73, F.S., relating to punitive damages; limitation.
Section 27: Repealing s. 877.112, F.S.
Section 28: Provides an effective date of October 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Department of Revenue (DOR) may see an increase in revenue as the bill allows eighty
percent of civil penalties received by a county court relating to enforcement of underage possession
and purchasing of nicotine products to be remitted to DOR. The impact is indeterminate.
2. Expenditures:
The bill has a significant, indeterminate, negative fiscal impact on DBPR. The bill creates new
duties of the Division relating to the regulation and enforcement of nicotine products and sales
which will increase current workload on Division employees. The impact is indeterminate because
the number of current retailers who sell nicotine products is unknown as they are not currently
regulated by any state agency.
The bill requires the Division to create a new application for a retail nicotine products dealer permit,
and issue such permits, the cost of which may be able to be absorbed within current resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The clerk of the county court may see an increase in revenue as the bill allows twenty percent of
civil penalties received by a county court relating to enforcement of underage possession and
purchasing of nicotine products to remain with the clerk. The impact is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
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1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.
2. Other:
The Florida Supreme Court has held that the existence of a claim for punitive damages is subject to the
authority of the legislature who "may place conditions upon such a recovery or even abolish it
altogether. "61
B. RULE-MAKING AUTHORITY:
The bill provides sufficient rule-making authority for DBPR to implement the provisions of this bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
61
Gordon v. State, 585 So. 2d 1033, 1035-36 (3d DCA 1991), approved, 608 So. 2d 800 (Fla. 1992).
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 7089 2020
1 A bill to be entitled
2 An act relating to nicotine products; revising the
3 title of ch. 569, F.S.; renaming ch. 569, F.S.;
4 providing directives to the Division of Law Revision;
5 amending s. 569.002, F.S.; providing definitions for
6 "nicotine products" and "nicotine dispensing devices";
7 amending ss. 569.004, 569.006, and 569.009 F.S.;
8 conforming provisions to changes made by the act;
9 amending s. 569.0073, F.S.; revising an exception to a
10 prohibition of the offer for sale at retail of
11 specified items; amending s. 569.12, F.S.; expanding
12 authority of tobacco product enforcement officers to
13 include nicotine products; amending s. 569.14, F.S.;
14 revising requirements for certain signage; amending s.
15 569.19, F.S.; conforming a provision to changes made
16 by the act; creating s. 569.31, F.S.; providing
17 definitions; creating s. 569.32, F.S.; requiring
18 retailers of nicotine products to have a permit;
19 providing requirements for such permit; creating s.
20 569.33, F.S.; providing for consent to inspection and
21 search; creating s. 569.34, F.S.; prohibiting certain
22 persons, firms, associations, or corporations from
23 operating without a permit; providing a penalty;
24 creating s. 569.35, F.S.; providing administrative
25 penalties for retail nicotine product dealers under
Page 1 of 35
CODING: Words stricken are deletions; words underlined are additions.
hb7089-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 7089 2020
26 certain circumstances; creating s. 569.37, F.S.;
27 providing restrictions of the sale or delivery of
28 nicotine products; creating s. 569.38, F.S.;
29 prohibiting giving nicotine product samples to certain
30 persons; creating s. 569.381, F.S.; providing
31 legislative intent, qualifications for responsible
32 retail nicotine product dealers, and mitigation of
33 disciplinary penalties; creating s. 569.39, F.S.;
34 providing rulemaking authority; creating ss. 569.41
35 and 569.42, F.S.; providing civil and criminal
36 penalties; creating s. 569.43, F.S.; providing signage
37 requirements; creating s. 569.44, F.S.; requiring an
38 annual report; creating s. 569.45, F.S.; providing
39 requirements for remote sales of nicotine products;
40 providing a criminal penalty for knowingly violating
41 such requirements; amending s. 768.73, F.S.; revising
42 punitive damages; repealing s. 877.112, F.S., relating
43 to nicotine products and nicotine dispensing devices;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Chapter 569, entitled "Tobacco Products," is
49 renamed "Tobacco and Nicotine Products."
50 Section 2. The Division of Law Revision is directed to:
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51 (1) Create part I of chapter 569, Florida Statutes,
52 consisting of ss. 569.002-569.23, Florida Statutes, to be
53 entitled "Tobacco Products."
54 (2) Create part II of chapter 569, Florida Statutes,
55 consisting of ss. 569.31-569.45, Florida Statutes, to be
56 entitled "Nicotine Products."
57 Section 3. Section 569.002, Florida Statutes, is amended
58 to read:
59 569.002 Definitions.-As used in this part chapter, the
60 term:
61 ill+++- "Any person under the age of 18" does not include
62 any person under the age of 18 who:
63 (a) Has had his or her disability of nonage removed under
64 chapter 743;
65 (b) Is in the military reserve or on active duty in the
66 Armed Forces of the United States;
67 (c) Is otherwise emancipated by a court of competent
68 jurisdiction and released from parental care and responsibility;
69 or
70 (d) Is acting in his or her scope of lawful employment
71 with an entity licensed under the provisions of chapter 210 or
72 this chapter.
73 fil-H:+ "Dealer" is synonymous with the term "retail
74 tobacco products dealer."
75 ill~ "Division" means the Division of Alcoholic
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76 Beverages and Tobacco of the Department of Business and
77 Professional Regulation.
78 (4) "Nicotine product" has the same meaning as provided in
79 s. 569.31.
80 ill-f-3+ "Permit" is synonymous with the term "retail
81 tobacco products dealer permit."
82 ill+4+ "Retail tobacco products dealer" means the holder
83 of a retail tobacco products dealer permit.
84 J...21+5+- "Retail tobacco products dealer permit" means a
85 permit issued by the division pursuant to s. 569.003.
86 fil#t "Tobacco products" includes loose tobacco leaves,
87 and products made from tobacco leaves, in whole or in part, and
88 cigarette wrappers, which can be used for smoking, sniffing, or
89 chewing.
90 Section 4. Section 569.004, Florida Statutes, is amended
91 to read:
92 569.004 Consent to inspection and search without warrant.-
93 An applicant for a permit, by accepting the permit when issued,
94 agrees that the place or premises covered by the permit is
95 subject to inspection and search without a search warrant by the
96 division or its authorized assistants, and by sheriffs, deputy
97 sheriffs, or police officers, to determine compliance with this
98 chapter, including part II of this chapter if the applicant
99 deals, at retail, nicotine products within the state or allows a
100 nicotine products vending machine to be located on its premises
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101 within the state.
102 Section 5. Section 569.006, Florida Statutes, is amended
103 to read:
104 569.006 Retail tobacco products dealers; administrative
105 penalties.-The division may suspend or revoke the permit of the
106 dealer upon sufficient cause appearing of the violation of any
107 of the provisions of this chapter, including part II of this
108 chapter if the dealer deals, at retail, nicotine products within
109 the state or allows a nicotine products vending machine to be
110 located on its premises within the state, by a dealer or by a
111 dealer's agent or employee. The division may also assess and
112 accept administrative fines of up to $1,000 against a dealer for
113 each violation. The division shall deposit all fines collected
114 into the General Revenue Fund as collected. An order imposing an
115 administrative fine becomes effective 15 days after the date of
116 the order. The division may suspend the imposition of a penalty
117 against a dealer, conditioned upon the dealer's compliance with
118 terms the division considers appropriate.
119 Section 6. Subsection (1) of section 569.0073, Florida
120 Statutes, is amended to read:
121 569.0073 Special provisions; smoking pipes and smoking
122 devices.-
123 (1) It is unlawful for any person to offer for sale at
124 retail any of the items listed in subsection (2) unless such
125 person:
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126 (a} Has a retail tobacco products dealer permit under s.
127 569.003. The provisions of this chapter apply to any person that
128 offers for retail sale any of the items listed in subsection
129 (2); and
130 (b}l. Derives at least 75 percent of its annual gross
131 revenues from the retail sale of cigarettes, cigars, afiEi other
132 tobacco products, or nicotine products; or
133 2. Derives no more than 25 percent of its annual gross
134 revenues from the retail sale of the items listed in subsection
135 (2).
136 Section 7. Section 569.009, Florida Statutes, is amended
137 to read:
138 569.009 Rulemaking authority.-The division shall adopt any
139 rules necessary to administer and enforce the provisions of this
140 part chapter.
141 Section 8. Section 569.12, Florida Statutes, is amended to
142 read:
143 569.12 Jurisdiction; tobacco product and nicotine product
144 enforcement officers or agents; enforcement.-
145 (1) In addition to the Division of Alcoholic Beverages and
146 Tobacco of the Department of Business and Professional
147 Regulation, any law enforcement officer certified under s.
148 943.10(1), (6), or (8) shall enforce the provisions of this
149 chapter.
150 (2) (a) A county or municipality may designate certain of
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151 its employees or agents as tobacco product and nicotine product
152 enforcement officers. The training and qualifications of the
153 employees or agents for such designation shall be determined by
154 the county or the municipality. Nothing in this section shall be
155 construed to permit the carrying of firearms or other weapons by
156 a tobacco product and nicotine product enforcement agent, nor
157 does designation as a tobacco product and nicotine product
158 enforcement officer provide the employee or agent with the power
159 of arrest or subject the employee or agent to the provisions of
160 ss. 943.085-943.255. Nothing in this section amends, alters, or
161 contravenes the provisions of any state-administered retirement
162 system or any state-supported retirement system established by
163 general law.
164 (b} An A tobacco product enforcement officer is authorized
165 to issue a citation to a person under the age of 18 when, based
166 upon personal investigation, the officer has reasonable cause to
167 believe that the person has committed a civil infraction in
168 violation of s. 386.212L e-r s. 569.11, ors. 569.42.
169 (3) A correctional probation officer as defined ins.
170 943.10(3) is authorized to issue a citation to a person under
171 the age of 18 when, based upon personal investigation, the
172 officer has reasonable cause to believe that the person has
173 committed a civil infraction in violation of s. 569.11 ors.
174 569.42.
175 (4) A citation issued to any person violating the
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176 provisions of s. 569.11 ors. 569.42 shall be in a form
177 prescribed by the Division of Alcoholic Beverages and Tobacco of
178 the Department of Business and Professional Regulation and shall
179 contain:
180 (a) The date and time of issuance.
181 (b) The name and address of the person to whom the
182 citation is issued.
183 (c) The date and time the civil infraction was committed.
184 (d) The facts constituting reasonable cause.
185 (e) The number of the Florida statute violated.
186 (f) The name and authority of the citing officer.
187 (g) The procedure for the person to follow in order to
188 contest the citation, perform the required community service,
189 attend the required anti-tobacco or anti-tobacco and anti-
190 nicotine program, or to pay the civil penalty.
191 Section 9. Subsections (2) and (4) of section 569.14,
192 Florida Statutes, are amended to read:
193 569.14 Posting of a sign stating that the sale of tobacco
194 products or nicotine products to persons under 18 years of age
195 is unlawful; enforcement; penalty.-
196 (2) A dealer that sells tobacco products and nicotine
197 products or nicotine dispensing devices, as defined ins.
198 877.112, may use a sign that substantially states the following:
199
200 THE SALE OF TOBACCO PRODUCTS OR7 NICOTINE PRODUCTS, OR NICOTINE
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201 DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST
202 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
203
204 A dealer that uses a sign as described in this subsection meets
205 the signage requirements of subsection (1) ands. 569.43(1) s-.
206 877.112.
207 (4) Any dealer that sells tobacco products shall provide
208 at the checkout counter in a location clearly visible to the
209 dealer or the dealer's agent or employee instructional material
210 in a calendar format or similar format to assist in determining
211 whether a person is of legal age to purchase tobacco products.
212 This point of sale material must contain substantially the
213 following language:
214 IF YOU WERE NOT BORN BEFORE THIS DATE
215 (insert date and applicable year)
216 YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE PRODUCTS.
217 Upon approval by the division, in lieu of a calendar a dealer
218 may use card readers, scanners, or other electronic or automated
219 systems that can verify whether a person is of legal age to
220 purchase tobacco products. Failure to comply with the provisions
221 contained in this subsection shall result in imposition of
222 administrative penalties as provided ins. 569.006.
223 Section 10. Section 569.19, Florida Statutes, is amended
224 to read:
225 569.19 Annual report.-The division shall report annually
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226 with written findings to the Legislature and the Governor by
227 December 31, on the progress of implementing the enforcement
228 provisions of this part chapter. This must include, but is not
229 limited to:
230 (1) The number and results of compliance visits.
231 (2) The number of violations for failure of a retailer to
232 hold a valid license.
233 (3) The number of violations for selling tobacco products
234 to persons under age 18, and the results of administrative
235 hearings on the above and related issues.
236 (4) The number of persons under age 18 cited for
237 violations of s. 569.11 and sanctions imposed as a result of
238 citation.
239 Section 11. Section 569.31, Florida Statutes, is created
240 to read:
241 569.31 Definitions.-As used in this part, the term:
242 (1) "A person under the age of 18" does not include a
243 person under 18 years of age who:
244 (a) Has had his or her disability of nonage removed under
245 chapter 743;
246 (b) Is in the military reserve or on active duty in the
247 Armed Forces of the United States;
248 (c) Is otherwise emancipated by a court of competent
249 jurisdiction and released from parental care and responsibility;
250 or
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251 (d) Is acting in his or her scope of lawful employment.
252 (2) "Dealer" is synonymous with the term "retail nicotine
253 products dealer."
254 (3) "Division" means the Division of Alcoholic Beverages
255 and Tobacco of the Department of Business and Professional
256 Regulation.
257 ( 4) "Nicotine dispensing device" means any product that
258 employs an electronic, chemical, or mechanical means to produce
259 vapor or aerosol from a nicotine product, including, but not
260 limited to, an electronic cigarette, electronic cigar,
261 electronic cigarillo, electronic pipe, or other similar device
262 or product, any replacement cartridge for such device, and any
263 other container of nicotine in a solution or other form intended
264 to be used with or within an electronic cigarette, electronic
265 cigar, electronic cigarillo, electronic pipe, or other similar
266 device or product.
267 (5) "Nicotine product" means any product that contains
268 nicotine, including liquid nicotine, which is intended for human
269 consumption, whether inhaled, chewed, absorbed, dissolved, or
270 ingested by any means. The term also includes any nicotine
271 dispensing device. The term does not include a:
272 1. Tobacco product, as defined ins. 569.002;
273 2. Product regulated as a drug or device by the United
274 States Food and Drug Administration under Chapter V of the
275 Federal Food, Drug, and Cosmetic Act; or
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276 3. Product that contains incidental nicotine.
277 ( 6) "Permit" is synonymous with the term "retail nicotine
278 products dealer permit."
279 (5) "Retail nicotine products dealer" means the holder of
280 a retail nicotine products dealer permit.
281 ( 6) "Retail nicotine products dealer permit" means a
282 permit issued by the division under s. 569.32.
283 (7) "Self-service merchandising" means the open display of
284 nicotine products, whether packaged or otherwise, for direct
285 retail customer access and handling before purchase without the
286 intervention or assistance of the retailer or the retailer's
287 owner, employee, or agent. An open display of such products and
288 Section 12. Section 569.32, Florida Statutes, is created
289 to read:
290 569.32 Retail nicotine products dealer permits;
291 application; qualifications; renewal; duplicates.-
292 (1) (a) Each person, firm, association, or corporation that
293 seeks to deal, at retail, in nicotine products within the state,
294 or to allow a nicotine products vending machine to be located on
295 its premises in the state, must obtain a retail nicotine
296 products dealer permit for each place of business or its
297 premises at which nicotine products are sold. Each dealer
298 owning, leasing, furnishing, or operating vending machines
299 through which nicotine products are sold must obtain a permit
300 for each machine and shall post the permit in a conspicuous
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301 place on or near the machine; however, if the dealer has more
302 than one vending machine at a single location or if nicotine
303 products are sold both over the counter and through a vending
304 machine at a single location, the dealer need obtain only one
305 permit for that location.
306 (b) Application for a permit must be made on a form
307 furnished by the division and must set forth the name under
308 which the applicant transacts or intends to transact business,
309 the address of the location of the applicant's place of business
310 within the state, and any other information the division
311 requires. If the applicant has or intends to have more than one
312 place of business dealing in nicotine products within the state,
313 a separate application must be made for each place of business.
314 If the applicant is a firm or an association, the application
315 must set forth the names and addresses of the persons
316 constituting the firm or association; if the applicant is a
317 corporation, the application must set forth the names and
318 addresses of the principal officers of the corporation. The
319 application must also set forth any other information prescribed
320 by the division for the purpose of identifying the applicant
321 firm, association, or corporation. The application must be
322 signed and verified by oath or affirmation by the owner, if a
323 sole proprietor, or, if the owner is a firm, association, or
324 partnership, by the members or partners thereof, or, if the
325 owner is a corporation, by an executive officer of the
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326 corporation or by any person authorized by the corporation to
327 sign the application, together with the written evidence of this
328 authority.
329 (2) (a) Permits may be issued only to persons who are 18
330 years of age or older or to corporations the officers of which
331 are 18 years of age or older.
332 (b) The division may refuse to issue a permit to any
333 person, firm, association, or corporation the permit of which
334 has been revoked, to any corporation an officer of which has had
335 his or her permit revoked, or to any person who is or has been
336 an officer of a corporation the permit of which has been
337 revoked. Any permit issued to a firm, association, or
338 corporation prohibited from obtaining a permit under this
339 chapter shall be revoked by the division.
340 (3) Upon approval of an application for a permit, the
341 division shall issue to the applicant a permit for the place of
342 business or premises specified in the application. A permit is
343 not assignable and is valid only for the person in whose name
344 the permit is issued and for the place designated in the permit.
345 The permit shall be conspicuously displayed at all times at the
346 place for which issued.
347 Section 13. Section 569.33 Florida Statutes, is created to
348 read:
349 569.33 Consent to inspection and search without warrant.-
350 An applicant for a retail nicotine products dealer permit, by
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351 accepting the permit when issued, agrees that the place or
352 premises covered by the permit is subject to inspection and
353 search without a search warrant by the division or its
354 authorized assistants, and by sheriffs, deputy sheriffs, or
355 police officers, to determine compliance with this part.
356 Section 14. Section 569.34, Florida Statutes, is created
357 to read:
358 569.34 Operating without a retail nicotine products dealer
359 permit; penalty.-
360 ( 1) It is unlawful for a person, firm, association, or
361 corporation to deal, at retail, in nicotine products, in any
362 manner, or to allow a nicotine products vending machine to be
363 located on its premises, without having a retail nicotine
364 product dealer permit as required bys. 569.32. A person who
365 violates this section commits a noncriminal violation,
366 punishable by a fine of not more than $500.
367 (2) A retail tobacco products dealer, as defined ins.
368 569.002, is not required to have a separate or additional retail
369 nicotine products dealer permit to deal, at retail, nicotine
370 products in the state, or allow a nicotine products vending
371 machine to be located on its premises in the state. Any retail
372 tobacco products dealer that deals, at retail, in nicotine
373 products or allows a tobacco products vending machine to be
374 located on its premises in the state, is subject to, and must be
375 in compliance with, this part.
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376 (3) A person who violates this section shall be cited for
377 such infraction and shall be cited to appear before the county
378 court. The citation may indicate the time, date, and location of
379 the scheduled hearing and must indicate that the penalty for a
380 noncriminal violation is a fine of not more than $500.
381 (a) A person cited for an infraction under this section
382 may:
383 1. Post a $500 bond; or
384 2. Sign and accept the citation indicating a promise to
385 appear.
386 (b) A person cited for violating this section may:
387 1. Pay the fine, either by mail or in person, within 10
388 days after receiving the citation; or
389 2. If the person has posted bond, forfeit the bond by not
390 appearing at the scheduled hearing.
391 (c) If the person pays the fine or forfeits bond, the
392 person is deemed to have admitted violating this section and to
393 have waived the right to a hearing on the issue of commission of
394 the violation. Such admission may not be used as evidence in any
395 other proceeding.
396 (d) The court, after a hearing, shall make a determination
397 as to whether an infraction has been committed. If the
398 commission of an infraction has been proven beyond a reasonable
399 doubt, the court may impose a civil penalty in an amount that
400 may not exceed $500.
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401 (e) If a person is found by the court to have committed
402 the infraction, that person may appeal that finding to the
403 circuit court.
404 Section 15. Section 569.35, Florida Statutes, is created
405 to read:
406 569.35 Retail nicotine product dealers; administrative
407 penalties.- The division may suspend or revoke the permit of a
408 dealer, including the retail tobacco products dealer permit of a
409 retail tobacco products dealer as defined in 569.002, upon
410 sufficient cause appearing of the violation of any of the
411 provisions of this part, by a dealer or by a dealer's agent or
412 employee. The division may also assess and accept an
413 administrative fine of up to $1,000 against a dealer for each
414 violation. The division shall deposit all fines collected into
415 the General Revenue Fund as collected. An order imposing an
416 administrative fine becomes effective 15 days after the date of
417 the order. The division may suspend the imposition of a penalty
418 against a dealer, conditioned upon the dealer's compliance with
419 terms the division considers appropriate.
420 Section 16. Section 569.37, Florida Statutes, is created
421 to read:
422 569.37 Sale or delivery of nicotine products;
423 restrictions.-
424 (1) In order to prevent persons under 18 years of age from
425 purchasing or receiving nicotine products, the sale or delivery
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426 of nicotine products is prohibited, except:
427 (a) When under the direct control or line of sight of the
428 dealer or the dealer's agent or employee; or
429 (b) Sales from a vending machine are prohibited under
430 paragraph (a) and are only permissible from a machine that is
431 equipped with an operational lockout device that is under the
432 control of the dealer or the dealer's agent or employee who
433 directly regulates the sale of items through the machine by
434 triggering the lockout device to allow the dispensing of one
435 nicotine product. The lockout device must include a mechanism to
436 prevent the machine from functioning if the power source for the
437 lockout device fails or if the lockout device is disabled, and a
438 mechanism to ensure that only one nicotine product is dispensed
439 at a time.
440 (2) (a) A dealer that sells nicotine products may not sell,
441 permit to be sold, offer for sale, or display for sale such
442 products or devices by means of self-service merchandising.
443 (b) A dealer that sells nicotine products may not place
444 such products or devices in an open display unit unless the unit
445 is located in an area that is inaccessible to customers.
446 (3) The provisions of subsections (1) and (2) shall not
447 apply to an establishment that prohibits persons under 18 years
448 of age on the licensed premises.
449 (4) A dealer or a dealer's agent or employee may require
450 proof of age of a purchaser of a nicotine product before selling
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451 the product or device to that person.
452 Section 17. Section 569.38, Florida Statutes, is created
453 to read:
454 569.38 Gift of sample nicotine products and nicotine
455 dispensing devices.-The gift of sample nicotine products to
456 persons under 18 years of age by an entity permitted under this
457 chapter, or by an employee of such entity, is prohibited and is
458 punishable as provided ins. 569.41.
459 Section 18. Section 569.381, Florida Statutes, is created
460 to read:
461 569.381 Responsible retail nicotine products dealers;
462 qualifications; mitigation of disciplinary penalties; diligent
463 management and supervision; presumption.-
464 (1) It is the intent of the Legislature to prevent the
465 sale of nicotine products to persons under 18 years of age and
466 to encourage retail nicotine products dealers to comply with
467 responsible practices in accordance with this section.
468 (2) To qualify as a responsible retail nicotine products
469 dealer, the dealer must establish and implement procedures
470 designed to ensure that the dealer's employees comply with this
471 part. The dealer must provide a training program for the
472 dealer's employees which addresses the use and sale of nicotine
473 products and which includes at least the following topics:
474 (a) Laws covering the sale of nicotine products.
475 (b) Methods of recognizing and handling customers under 18
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476 years of age.
477 (c} Procedures for proper examination of identification
478 cards in order to verify that customers are not under 18 years
479 of age.
480 (d} The use of the age audit identification function on
481 electronic point-of-sale equipment, where available.
482 (3) In determining penalties under s. 569.35, the division
483 may mitigate penalties imposed against a dealer because of an
484 employee's illegal sale of a nicotine product to persons under
485 18 years of age if the following conditions are met:
486 (a} The dealer is qualified as a responsible dealer under
487 this section.
488 (b} The dealer provided the training program required
489 under subsection (2) to that employee before the illegal sale
490 occurred.
491 (c} The dealer had no knowledge of that employee's
492 violation at the time of the violation and did not direct,
493 approve, or participate in the violation.
494 (d} If the sale was made through a vending machine, the
495 machine was equipped with an operational lock-out device.
496 (4) The division shall develop and make available a model
497 nicotine products training program designed to ensure adherence
498 to this chapter by dealers and their employees which, if
499 followed, will qualify dealers as responsible dealers.
500 (5) Dealers shall exercise diligence in the management and
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501 supervision of their premises and in the supervision and
502 training of their employees, agents, or servants. In proceedings
503 to impose penalties under s. 569.35, proof that employees,
504 agents, or servants of the dealer, while in the scope of their
505 employment, committed at least three violations of s. 569.41
506 during a 180-day period shall be prima facie evidence of a lack
507 of due diligence by the dealer in the management and supervision
508 of his or her premises and in the supervision and training of
509 employees, agents, officers, or servants.
510 (6) The division may consider qualification as a
511 responsible retail nicotine products dealer under this section
512 as evidence that the dealer properly exercised the diligence
513 required under this section.
514 Section 19. Section 569.39, Florida Statutes, is created
515 to read:
516 569.39 Rulemaking authority.-The division shall adopt any
517 rules necessary to administer and enforce the provisions of this
518 part.
519 Section 20. Section 569.41, Florida Statutes, is created
520 to read:
521 569.41 Selling, delivering, bartering, furnishing, or
522 giving nicotine products to persons under 18 years of age;
523 criminal penalties; defense.-
524 (1) It is unlawful to sell, deliver, barter, furnish, or
525 give, directly or indirectly, to persons under 18 years of age,
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526 any nicotine product.
527 (2) Any person who violates subsection (1) corrunits a
528 misdemeanor of the second degree, punishable as provided ins.
529 775.082 ors. 775.083. However, any person who violates
530 subsection (1) for a second or subsequent time within 1 year
531 after the first violation corrunits a misdemeanor of the first
532 degree, punishable as provided ins. 775.082 ors. 775.083.
533 (3) Any person charged with a violation of subsection (1)
534 has a complete defense if, at the time the nicotine product was
535 sold, delivered, bartered, furnished, or given:
536 (a) The buyer or recipient falsely evidenced that she or
537 he was 18 years of age or older;
538 (b) The appearance of the buyer or recipient was such that
539 a prudent person would believe the buyer or recipient to be 18
540 years of age or older; and
541 (c) Such person carefully checked a driver license or an
542 identification card issued by the state or another state of the
543 United States, a passport, or a United States armed services
544 identification card presented by the buyer or recipient and
545 acted in good faith and in reliance upon the representation and
546 appearance of the buyer or recipient in the belief that the
547 buyer or recipient was 18 years of age or older.
548 Section 21. Section 569.42, Florida Statutes, is created
549 to read:
550 569.42 Possession, misrepresenting age or military service
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551 to purchase, and purchase of nicotine products by persons under
552 18 years of age; penalties; jurisdiction; disposition of fines.-
553 (1) It is unlawful for a person 18 years of age to
554 knowingly possess any nicotine product. A person under 18 years
555 of age who violates this subsection commits a noncriminal
556 violation as provided ins. 775.08(3), punishable by:
557 (a) For a first violation, 16 hours of community service
558 or, instead of community service, a $25 fine. In addition, the
559 person must attend a school-approved anti-tobacco and anti-
560 nicotine program, if locally available; or
561 (b) For a second or subsequent violation within 12 weeks
562 after the first violation, a $25 fine.
563
564 Any second or subsequent violation not within the 12-week period
565 after the first violation is punishable as provided for a first
566 violation.
567 (2) It is unlawful for a person under 18 years of age to
568 misrepresent his or her age or military service for the purpose
569 of inducing a dealer or an agent or employee of the dealer to
570 sell, give, barter, furnish, or deliver any nicotine product, or
571 to purchase, or attempt to purchase, any nicotine product from a
572 person or a vending machine. A person under 18 years of age who
573 violates this subsection commits a noncriminal violation as
574 provided ins. 775.08(3), punishable by:
575 (a) For a first violation, 16 hours of community service
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576 or, instead of cormnunity service, a $25 fine and, in addition,
577 the person must attend a school-approved anti-tobacco and anti-
578 nicotine program, if available; or
579 (b) For a second or subsequent violation within 12 weeks
580 after the first violation, a $25 fine.
581
582 Any second or subsequent violation not within the 12-week period
583 after the first violation is punishable as provided for a first
584 violation.
585 (3) A person under 18 years of age cited for cormnitting a
586 noncriminal violation under this section must sign and accept a
587 civil citation indicating a promise to appear before the county
588 court or comply with the requirement for paying the fine and
589 must attend a school-approved anti-tobacco and anti-nicotine
590 program, if locally available. If a fine is assessed for a
591 violation of this section, the fine must be paid within 30 days
592 after the date of the citation or, if a court appearance is
593 mandatory, within 30 days after the date of the hearing.
594 (4) A person charged with a noncriminal violation under
595 this section must appear before the county court or comply with
596 the requirement for paying the fine. The court, after a hearing,
597 shall make a determination as to whether the noncriminal
598 violation was cormnitted. If the court finds the violation was
599 cormnitted, it shall impose an appropriate penalty as specified
600 in subsection (1) or subsection (2). A person who participates
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601 in community service shall be considered an employee of the
602 state for the purpose of chapter 440, for the duration of such
603 service.
604 (5) (a) If a person under 18 years of age is found by the
605 court to have committed a noncriminal violation under this
606 section and that person has failed to complete community
607 service, pay the fine as required by paragraph (1) (a) or
608 paragraph (2) (a), or attend a school-approved anti-tobacco and
609 anti-nicotine program, if locally available, the court may
610 direct the Department of Highway Safety and Motor Vehicles to
611 withhold issuance of or suspend the driver license or driving
612 privilege of that person for a period of 30 consecutive days.
613 (b) If a person under 18 years of age is found by the
614 court to have committed a noncriminal violation under this
615 section and that person has failed to pay the applicable fine as
616 required by paragraph (1) (b) or paragraph (2) (b), the court may
617 direct the Department of Highway Safety and Motor Vehicles to
618 withhold issuance of or suspend the driver license or driving
619 privilege of that person for a period of 45 consecutive days.
620 (6) Eighty percent of all civil penalties received by a
621 county court under this section shall be remitted by the clerk
622 of the court to the Department of Revenue for transfer to the
623 Department of Education to provide for teacher training and for
624 research and evaluation to reduce and prevent the use of
625 nicotine products by children. The remaining 20 percent of civil
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626 penalties received by a county court under this section shall
627 remain with the clerk of the county court to cover
628 administrative costs.
629 Section 22. Section 569.43, Florida Statutes, is created
630 to read:
631 569.43 Posting a sign stating that the sale of nicotine
632 products to persons under 18 years of age is unlawful;
633 enforcement; penalty.-
634 (1) A dealer that sells nicotine products shall post a
635 clear and conspicuous sign in each place of business at which
636 such products are sold which substantially states the following:
637
638 THE SALE OF NICOTINE PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE
639 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
640
641 (2) The division shall make available to dealers of
642 nicotine products signs that meet the requirements of subsection
643 QL
644 (3) Any dealer that sells nicotine products shall provide
645 at the checkout counter in a location clearly visible to the
646 dealer or the dealer's agent or employee instructional material
647 in a calendar format or similar format to assist in determining
648 whether a person is of legal age to purchase nicotine products.
649 This point of sale material must contain substantially the
650 following language:
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651
652 IF YOU WERE NOT BORN BEFORE THIS DATE
653 (insert date and applicable year)
654 YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE PRODUCTS.
655
656 Upon approval by the division, in lieu of a calendar a dealer
657 may use card readers, scanners, or other electronic or automated
658 systems that can verify whether a person is of legal age to
659 purchase nicotine products. Failure to comply with the
660 provisions contained in this subsection shall result in
661 imposition of administrative penalties as provided ins. 569.35.
662 (4) The division, through its agents and inspectors, shall
663 enforce this section.
664 (5) A person who fails to comply with subsection (1)
665 commits a misdemeanor of the second degree, punishable as
666 provided ins. 775.082 ors. 775.083.
667 Section 23. Section 569.44, Florida Statutes, is created
668 to read:
669 569.44 Annual report.-The division shall report annually
670 with written findings to the Legislature and the Governor by
671 December 31, on the progress of implementing the enforcement
672 provisions of this part. This must include, but is not limited
673 to:
674 (1) The number and results of compliance visits.
675 (2) The number of violations for failure of a retailer to
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676 hold a valid permit.
677 (3) The number of violations for selling nicotine products
678 to persons under 18 years of age, and the results of
679 administrative hearings on the above and related issues.
680 (4) The number of persons under 18 years of age cited for
681 violations of s. 569.42 and sanctions imposed as a result of
682 citation.
683 Section 24. Section 569.45, Florida Statutes, is created
684 to read:
685 569.45 Mail order, Internet, and remote sales of nicotine
686 products; age verification.-
687 (1) For purposes of this section, the term:
688 (a) "Adult" means an individual who is at least of the
689 legal minimum purchase age for nicotine products.
690 (b) "Consumer" means a person in the state who comes into
691 possession of any nicotine product who, at the time of
692 possession, is not intending to sell or distribute the nicotine
693 product, or is a retailer.
694 (c) "Delivery sale" means any sale of nicotine products to
695 a consumer in the state for which:
696 1. The consumer submits the order for the sale by
697 telephonic or other voice transmission, mail, delivery service,
698 or the Internet or other online service; or
699 2. The nicotine products are delivered by use of mail or a
700 delivery service.
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701 (d) "Delivery service" means any person engaged in the
702 commercial delivery of letters, packages, or other containers.
703 (e) "Legal minimum purchase age" means the minimum age at
704 which an individual may legally purchase nicotine products in
705 the state.
706 (f) "Retailer" means any person who is required to obtain
707 a retail nicotine products dealer permit or a retail tobacco
708 products dealer permit, as defined ins. 569.002.
709 (g) "Shipping container" means a container in which
710 nicotine products are shipped in connection with a delivery
711 sale.
712 (h) "Shipping document" means a bill of lading, airbill,
713 United States Postal Service form, or any other document used to
714 verify the undertaking by a delivery service to deliver letters,
715 packages, or other containers.
716 (2) (a) A sale of nicotine products constituting a delivery
717 sale under paragraph ( 1) ( c) is a deli very sale regardless of
718 whether the person accepting the order for the delivery sale is
719 located inside or outside the state.
720 (b) A retailer must obtain a retail nicotine products
721 dealer permit or a retail tobacco products dealer permit, as
722 defined in 569.002, from the division under the requirements of
723 this chapter before accepting an order for a delivery sale.
724 (c) A person may not make a delivery sale of nicotine
725 products to any individual who is not an adult.
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726 (d) Each person accepting an order for a delivery sale
727 must comply with each of the following:
728 1. The age verification requirements set forth in
729 subsection (3).
730 2. The disclosure requirements set forth in subsection
731
732 3. The shipping requirements set forth in subsection (5).
733 (3) A person may not mail, ship, or otherwise deliver
734 nicotine products in connection with an order for a delivery
735 sale unless, before the first delivery to the consumer, the
736 person accepting the order for the delivery sale:
737 (a) Obtains from the person submitting the order a
738 certification that includes:
739 1. Reliable confirmation that the person is an adult; and
740 2. A statement signed by the person in writing and under
741 penalty of perjury which:
742 a. Certifies the address and date of birth of the person;
743 and
744 b. Confirms that the person wants to receive delivery
745 sales from a nicotine products company and understands that,
746 under the laws of the state, the following actions are illegal:
747 (I) Signing another person's name to the certification;
748 (II) Selling nicotine products to individuals who are not
749 adults; and
750 (III) Purchasing nicotine products, if the person making
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751 the purchase is not an adult.
752 (b) Makes a good faith effort to verify the information
753 contained in the certification provided by the individual under
754 paragraph (a) against a commercially available database that may
755 be reasonably relied upon for accurate age information or
756 obtains a photocopy or other image of a valid government-issued
757 iaentification card stating the date of birth or age of the
758 individual.
759 (c) Provides to the individual, via electronic mail or
760 other means, a notice meeting the requirements of subsection
761 J.iL
762 (d) If an order for nicotine products is made pursuant to
763 an advertisement on the Internet, receives payment for the
764 delivery sale from the consumer by a credit or debit card issued
765 in the name of the consumer, or by personal or company check of
766 the consumer.
767 (e) The person accepting the order for delivery sale shall
768 submit, to each credit card acquiring company with which the
769 person has credit card sales, identification information in an
770 appropriate form and format so that the words "nicotine product"
771 may be printed in the purchaser's credit card statement when a
772 purchase of a nicotine product is made by credit card payment.
773 (f) Makes a telephone call after 5 p.m. to the purchaser
774 confirming the order before shipping the nicotine products. The
775 telephone call may be a person-to-person call or a recorded
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776 message. The person accepting the order for delivery sale is not
777 required to speak directly with a person and may leave a message
778 on an answering machine or through voice mail.
779
780 In addition to the requirements of this subsection, a person
781 accepting an order for a delivery sale may request that a
782 consumer provide an electronic mail address.
783 (4) The notice described in paragraph (3) (c) must include
784 prominent and clearly legible statements that sales of nicotine
785 products are:
786 (a) Illegal if made to individuals who are not adults.
787 (b) Restricted to those individuals who provide verifiable
788 proof of age in accordance with subsection (3).
789 (5) Each person who mails, ships, or otherwise delivers
790 nicotine products in connection with an order for a delivery
791 sale must:
792 (a) Include as part of the shipping documents, in a clear
793 and conspicuous manner, the following statement: "Nicotine
794 Products: Florida law prohibits shipping to individuals under 18
795 years of age."
796 (b) Use a method of mailing, shipping, or delivery which
797 obligates the delivery service to require:
798 1. The individual submitting the order for the delivery
799 sale or another adult who resides at the individual's address to
800 sign his or her name to accept delivery of the shipping
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801 container. Proof of the legal minimum purchase age of the
802 individual accepting delivery is required only if the individual
803 appears to be under 27 years of age.
804 2. Proof that the individual is either the addressee or
805 the adult designated by the addressee, in the form of a valid,
806 government-issued identification card bearing a photograph of
807 the individual who signs to accept delivery of the shipping
808 container.
809 (c) Provide to the delivery service, if such service is
810 used, evidence of full compliance with this subsection.
811
812 If the person accepting a purchase order for a delivery sale
813 delivers the nicotine products without using a delivery service,
814 the person must comply with all of the requirements of this
815 section which apply to a delivery service. Any failure to comply
816 with a requirement of this section constitutes a violation
817 thereof.
818 (6) This section does not apply to delivery sales of
819 nicotine products to a retail nicotine products dealer or a
820 retail tobacco products dealer, as defined ins. 569.002.
821 (7) An adult who knowingly violates any provision of this
822 section commits a misdemeanor of the second degree, punishable
823 as provided ins. 775.082 ors. 775.083.
824 (8) The Attorney General, the Attorney General's designee,
825 or a state attorney may bring an action in the appropriate court
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826 in the state to prevent or restrain violations of this section
827 by any person.
828 Section 25. Subsection (1) of section 768.73, Florida
829 Statutes, is amended to read:
830 768.73 Punitive damages; limitation.-
831 (1) (a) Except as provided in paragraphs (b)~ afiEl (c), and
832 J.il..L. an award of punitive damages may not exceed the greater of:
833 1. Three times the amount of compensatory damages awarded
834 to each claimant entitled thereto, consistent with the remaining
835 provisions of this section; or
836 2. The sum of $500,000.
837 (b} Where the fact finder determines that the wrongful
838 conduct proven under this section was motivated solely by
839 unreasonable financial gain and determines that the unreasonably
840 dangerous nature of the conduct, together with the high
841 likelihood of injury resulting from the conduct, was actually
842 known by the managing agent, director, officer, or other person
843 responsible for making policy decisions on behalf of the
844 defendant, it may award an amount of punitive damages not to
845 exceed the greater of:
846 1. Four times the amount of compensatory damages awarded
847 to each claimant entitled thereto, consistent with the remaining
848 provisions of this section; or
849 2. The sum of $2 million.
850 (c} Where the fact finder determines that the wrongful
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851 conduct proven under this section was committed by a
852 manufacturer of a vapor-generating electronic device as defined
853 ins. 386.203, or a manufacturer of a nicotine product or
854 nicotine dispensing device as defined ins. 569.31, it may award
855 against such manufacturer an amount of punitive damages not to
856 exceed the greater of:
857
I
1. Four times the amount of compensatory damages awarded
858 to each claimant entitled thereto, consistent with the remaining
859 provisions of this section; or
860 2. The sum of $2 million.
861 ls!l_+e+ Where the fact finder determines that at the time
862 of injury the defendant had a specific intent to harm the
863 claimant and determines that the defendant's conduct did in fact
864 harm the claimant, there shall be no cap on punitive damages.
865 ~-+e+ This subsection is not intended to prohibit an
866 appropriate court from exercising its jurisdiction under s.
867 768.74 in determining the reasonableness of an award of punitive
868 damages that is less than three times the amount of compensatory
869 damages.
870 Section 26. Section 877.112, Florida Statutes, is
871 repealed.
872 Section 27. This act shall take effect October 1, 2020.
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CS/HB 1139
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for CS/HB 1139 Economic Development
SPONSOR(S): Commerce Committee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Commerce Committee Willson fl\,v' Hamon
SUMMARY ANALYSIS
The Regional Rural Development Grants Program is a state matching grant program established to provide funding to
build the professional capacity of regional economic development organizations. The Rural Infrastructure Fund assists
units of local government with the planning, preparing, and financing of infrastructure projects that encourage job creation
and capital investment. Both programs are administered by the Department of Economic Opportunity (DEO).
The bill amends the Regional Rural Development Grants Program to clarify how regional economic development
organizations may build their professional capacity and to expand grant use for technical assistance. It also defines a
"regional economic development organization" to mean an economic development organization located in or contracted to
serve a rural area of opportunity (RAO).
The bill increases the total annual grant award available to the three regional economic development organizations
recognized by DEO as serving an entire RAO, decreases the annual grant award available to other organizations located
in or contracted to serve a RAO, and eliminates grant eligibility for organizations representing rural counties or
communities that are not located in a RAO. The bill reduces the percentage of grant funds that must be matched with non-
state funds, from 100% to 25% of the state's contribution.
The bill amends the Rural Infrastructure Fund by increasing the percentage of total infrastructure costs that may be
funded by a grant award, expanding eligible projects and uses to include broadband internet service, and requiring a
review of the grant program and procedures by September 1, 2021.
CareerSource is a not-for-profit corporation that serves as Florida's state-level workforce investment board. CareerSource
is responsible for developing and implementing a 5-year plan for the statewide workforce system in collaboration with
DEO, the local workforce development boards, and one-stop career centers to ensure that workforce services provided
are consistent with state and local plans.
The bill replaces the board of directors for CareerSource with a "state board", and requires CareerSource to support and
work at the direction of the state board, in consultation with DEO. The bill reassigns many of CareerSource's powers,
duties and policy-making responsibilities to DEO or the state board, or a combination of the two. The bill also makes a
number of conforming changes to reflect this adjustment in the relationship between DEO, CareerSource Florida, and the
state board.
The Florida Development Finance Corporation (FDFC) is a statewide development financing authority. The FDFC
operates as a conduit bond issuer that issues bonds on behalf of borrowers. FDFC is governed by a five-member board of
directors who are appointed by the Governor and confirmed by the Senate for four-year terms.
The bill requires DEO to establish annual performance standards and develop a detailed report of the performance of
FDFC each year. The bill increases the membership of the FDFC board from five to seven, adding the executive director
of DEO (to serve as chair of the board) and the director of the Division of Bond Finance. The bill provides thats.
288.9604, F.S., the statute creating and authorizing the FDFC, stands repealed October 1, 2022, and every fourth year
thereafter, unless reviewed and saved from repeal by the Legislature.
The bill has no fiscal impact on state funds. The bill may have a positive fiscal impact on local governments and the
private sector. See Fiscal Comments.
The effective date of the bill is July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Regional Economic Development Organizations
Three regional economic development organizations operate in Florida. Each coincides respectively
with one of the state's three Rural Areas of Opportunity (RAO). A RAO is a rural community, or a region
comprised of rural communities, which has been adversely affected by an extraordinary economic
event, severe or chronic distress, or a natural disaster, or that presents a unique economic
development opportunity of regional impact. 1 The Governor may designate up to three RAOs,
establishing each region as a priority assignment for Rural Economic Development Initiative agencies.
The Governor can waive the criteria, requirements, or similar provisions of any economic development
incentive for projects in a RA0. 2
The three designated RAOs are: 3
• Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and
Washington counties, and the City of Freeport in Walton County.
• South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties,
and the cities of Pahokee, Belle Glade, and South Bay (Palm Beach County), and lmmokalee
(Collier County).
• North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette,
Levy, Madison, Putnam, Suwannee, Taylor, and Union counties.
Coinciding with the RAOs are three regional economic development organizations which are
public/private 501 (c)(6) organizations that provide economic development support to the local
governments represented in the RAOs. Opportunity Florida serves the Northwest RAO; Florida's
Heartland Regional Economic Development Initiative, Inc. serves the South Central RAO; and North
Florida Economic Development Partnership serves the North Central RAO.
Regional Rural Development Grants Program
The Regional Rural Development Grants Program is a state matching grant program established to
provide funding to build the professional capacity of regional economic development organizations. 4
Additionally, grants may be used by an economic development organization to provide technical
assistance to businesses within the rural counties and communities that it serves. 5
Applications submitted to DEO must provide proof:
• of official commitments of support from each local government represented by the regional
organization;
• that each local government has made a financial or in-kind commitment to the regional
organization;
• that the private sector has made financial or in-kind commitments to the regional organization;
• that the regional organization is in existence and actively involved in economic development
activities serving the region; and
1
S. 288.0656(2)(d), F.S.
2
S. 288.0656(7)(a), F.S.
3
Department of Economic Opportunity, Rural Areas of Opportunity, http://www.floridajobs.org/community-planning-and-
development/rural-community-programs/rural-areas-of-opportunity (last visited Jan. 27, 2020).
4
S. 288.018, F.S.
5
S. 288.018(1), F.S.
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• the manner in which the regional organization coordinates its efforts with those of other local
and state organizations. 6
An organization may receive up to $50,000 a year or $150,000 if located in a RA0. 7 Grants must be
matched by an equivalent amount of non-state resources. 8 DEO is authorized to spend up to $750,000
each fiscal year from funds appropriated to the Rural Community Development Revolving Loan Fund to
carry out this program. 9
Rural Infrastructure Fund
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and
financing of infrastructure projects in rural communities. 10 The program provides access to federal and
state infrastructure funding programs, including, but not limited to, those offered by the U.S.
Departments of Agriculture, and Commerce. 11 The program funds total infrastructure project grants,
infrastructure feasibility grants, and preclearance review grants.
DEO may award grants for up to 30 percent of the total infrastructure project cost. If an application is
for a catalyst site, 12 up to 40 percent of the total infrastructure project cost may be awarded. 13 Projects
must be related to specific job-creation or job-retention opportunities. Additionally, projects may include
improving any inadequate infrastructure that has resulted in regulatory action that prohibits economic or
community growth or reducing the costs to community users of proposed infrastructure improvements
that exceed such costs in comparable communities. 14
Eligible uses of funds include improvements to public infrastructure for industrial or commercial sites
and upgrades to or development of public tourism infrastructure. 15 Infrastructure can include public or
public-private partnership facilities, like storm water systems, telecommunication, broadband, roads,
and nature-based tourism. 16
The infrastructure feasibility grant provides awards of up to 30 percent of the total project costs for
infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and
preparation activities. 17 Maximum awards are dependent on the number of jobs that a business
commits to create and may be up to $300,000 if the project is located in a RAO. The total project
participation grant may be used in conjunction with the infrastructure feasibility grant.
The preclearance review grant provides awards to help a local government participate in expedited
permitting processes through technical assistance in preparing permit applications and local
comprehensive plan amendments. 18 Grants may be used for surveys, feasibility studies, and other
activities related to the identification and preclearance review of land use modifications. Grants are
6
S. 288.018(2), F.S.
7
S. 288.018(1), F.S.
8 Id.
9
S. 288.018(4), F.S.
10
Sees. 288.0655, F.S.
II S. 288.0655(2)(b), F.S.
12
S. 288.0656(2)(b ), F.S., defines "catalyst site" as a parcel or parcels of land within a rural area of opportunity that has been
prioritized as a geographic site for economic development through partnerships with state, regional, and local organizations. The site
must be reviewed by the rural economic development initiative and approved by DEO for the purposes oflocating a catalyst project.
13
S. 288.0655(2)(b), F.S.
14 Id.
1s Id.
16 Id.
17
S. 288.0655(2)(c), F.S.
18
S. 288.0655(2)(e), F.S. Expedited permitting is pursuant to s. 403.9739(18), F.S.
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limited to $75,000 and must be matched 50 percent with local funds. However, projects in a RAO may
receive up to $300,000 and must be matched 33 percent with local funds. 19
Grant applications are reviewed and certified by DEO in consultation with: Enterprise Florida, Inc.,
VISIT Florida, the Department of Environmental Protection, and the Florida Fish and Wildlife
Conservation Commission. Reviews include an evaluation of the economic benefit of the projects and
their long-term viability. 20
Effect of Proposed Changes
Regional Rural Development Grants Program
The bill amends the Regional Rural Development Grants Program to clarify how regional economic
development organizations may build their professional capacity, expand grant use for technical
assistance, increase the annual grant awards for regional economic development organizations, and
reduce match requirements. It also defines a "regional economic development organization" to mean
an economic development organization that is located in, or contracted to serve, a RAO.
One authorized use of the matching grant program is to build the professional capacity of regional
economic development organizations. The bill specifies that efforts to build professional capacity hiring
professional staff to develop, deliver, and provide needed economic development professional
services, including technical assistance, education and leadership development, marketing, and project
recruitment.
Regional economic development organizations may currently use grant funds to provide technical
assistance to businesses within the rural counties and communities it serves. The bill expands this by
allowing technical assistance to local governments, local economic development organizations, and
existing and prospective businesses.
The bill increases the maximum annual grant award from $150,000 to $250,000 for any three regional
economic development organizations recognized by DEO as serving an entire region of a RAO. These
organizations are: Opportunity Florida, Florida's Heartland Regional Economic Development Initiative,
Inc., and North Florida Economic Development Partnership.
For organizations located in or contracted to serve a RAO, but not recognized as serving the entire
RAO, the bill reduces the maximum annual grant amount from $150,000 to $50,000.
Under the bill, any organizations that represent rural counties and communities, but are not located in
or serve a RAO, would not meet the definition of "regional economic development organizations" and
therefore would no longer be eligible to receive any grant funds.
The bill reduces the required match for a grant under this program to a 25% match of the state
contribution, instead of the current one-to-one match requirement.
Rural Infrastructure Fund
The bill amends the Rural Infrastructure Fund by revising grant award percentages, expanding eligible
projects and uses to include broadband internet service, and requiring a review of the grant program
and procedures by a specific date.
Currently, grants awarded under the Rural Infrastructure Fund program are limited to 30 percent of the
total infrastructure project cost, or up to 40 percent if funding is for a catalyst site. The bill increases the
19
S. 288.0655(2)(e), F.S.
20
S. 288.0655(3), F.S.
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percentage for all grants awarded, including catalyst sites, to 50 percent of the total infrastructure
project cost.
The bill specifies that eligible projects may include improving certain inadequate infrastructure that
reduces costs to community users of proposed infrastructure improvements that exceeds costs in
comparable communities, and improving access to and the availability of broadband Internet service.
Further, eligible uses are expanded to include improvements to broadband Internet service and access
in unserved or underserved rural communities. These projects must be conducted through a
partnership or partnerships with one or more dealers of communications services21 , established by a
publicly noticed and competitive selected process.
The bill requires DEO to reevaluate the Rural Infrastructure Fund application guidelines and criteria by
September 1, 2021. The review is to be done in consultation with Enterprise Florida, Inc., VISIT Florida,
the Department of Environmental Protection, and the Florida Fish and Wildlife Conservation
Commission and must include specific factors such as:
• the project's potential for enhanced job creation or increased capital investment;
• the demonstration and level of local public and private commitment;
• whether the project is located in a community development corporation service area or in an
urban high-crime area;
• the unemployment rate of the county the project would be located; and
• the poverty rate of the community.
Contracts or Agreements - Regional Rural Development Grants Program and Rural
Infrastructure Fund
The bill amends both the Regional Rural Development Grant Program and the Rural Infrastructure
Fund to include the same requirements for contracts or agreements that expend grant funds.
A contract or agreement that involves the expenditure of grant funds must include:
• The purpose of the contract or agreement.
• Specific performance standards and responsibilities for each entity under the agreement.
• A detailed project or contract budget, if applicable.
• The value of any services provided.
• The projected travel expenses for employees and board members, if applicable.
These required contract provisions apply to any contract or agreement that expends grant funds,
including any contract or agreement between another entity and a regional economic development
organization, a unit of local government, or an economic development organization substantially
underwritten by a unit of local government.
All contracts and agreements are required to be posted on the contracting regional economic
development organization's website at least 14 days before execution. However, specific contracts or
agreements that exceed $35,000 must be posted in "plain-language." This applies to a contract or
agreement with a private entity, a municipality, or a vendor of services, supplies, or programs, including
marketing, or for the purchase or lease or use of lands, facilities, or properties.
Additionally, the bill repeals obsolete language relating to enterprise zones.
Present Situation
Florida's Workforce Development System
21
S. 202.11 (2), F.S., defines a "dealer" as a person registered with the Florida Department of Revenue as a provider of
communications services in this state.
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The federal Workforce Investment Act of 1998 0f\/lA) was passed by Congress in an effort to improve
the quality of the nation's workforce through implementation of a comprehensive workforce investment
system. 22 WIA required each state to establish an investment board at the state level and to also
establish workforce investment boards to represent local service areas. 23 WIA also called for the
delivery of workforce development services through a system of "one-stop" centers in local
communities. 24 Some key principles of WIA were to better integrate workforce services, empower
individuals, provide universal access to participants, increase accountability, and improve youth
programs. 25
In response to WIA, Florida established a workforce development system under the Workforce
Investment Act of 2000. 26 The act aimed to better connect the state's economic development strategies
with its workforce development system and to implement the principles of the federal WIA. 27
Federal Workforce Innovation and Opportunity Act of 2014
In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA}, which superseded
the Workforce Investment Act of 1998. 28 WIOA requires each state to develop a single, unified plan for
aligning workforce services through the identification and evaluation of core workforce programs. 29 In
general, WIOA maintains the one-stop framework of WIA, and encompasses provisions aimed at
streamlining services, easing reporting requirements, and reducing administrative barriers. 30 WIOA
officially became effective on July 1, 2015, the first full program year after enactment.
Core Programs
WIOA identifies four core programs that must coordinate and complement each other in a manner that
ensures job seekers have access to needed resources. 31 The core programs are:
• Adult, Dislocated Worker and Youth Programs;
• Employment Services under the Wagner-Peyser Employment Act;
• Vocational Rehabilitation Services; and
• Adult Education and Literacy Activities.
Performance Measures
In an effort to promote transparency and accountability, WIOA created a single set of common
measures for the evaluation of core programs. 32 WIOA requires performance reports to be provided at
the state, local, and trainer provider levels. The performance measures that now apply across all core
programs are:
• The percentage of participants in unsubsidized employment during second quarter after exit;
• The percentage of participants in unsubsidized employment during fourth quarter after exit;
• The median earnings of participants during second quarter after exit;
• The percentage of participants who obtain a postsecondary credential or secondary school
diploma within 1 year after exit;
• The achievement of measureable skill gains toward credentials or employment; and
22
Workforce Investment Act of 1998, 29 U.S.C. § 2801 (1998), repealed by Workforce Innovation and Opportunity Act, Pub. L. No.
I 13-128, H.R. 803, I 13th Cong. (July 22, 2014)(codified at 29 U.S.C. § 3101, et seq.).
23
See 29 U.S.C. § 2821 and 29 U.S.C. § 2832 (1998).
24
See 29 U.S.C. § 2841 (1998).
25
See 29 U.S.C. § 2811 (1998).
26
Ch. 2000-165, Laws of Fla.
27
Sees. 445.003, F.S.
28
Workforce Innovation and Opportunity Act, 29U.S.C.§3101 et seq. (2014).
29
See 29 U.S.C. § 3112(a).
30
See 29 U.S.C. § 3 I I I.
31
See 29U.S.C.§3102(13).
32
See 29 U.S.C. § 314 I.
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• The effectiveness in serving employers.
State Workforce Development Plan
Using the common performance measures for core programs, WIOA requires each state to develop
and submit a unified state plan based on a 4-year strategy for workforce development. 33 The state plan
must describe an overall strategy for the core programs and how the strategy will meet needs for
workers, job seekers, and employers. 34 WIOA also provides an option for states to submit a combined
plan that outlines plans for the core programs along with additional workforce programs. 35
Regional Planning and Local Workforce Development Boards
WIOA requires states to identify regional planning areas for workforce development strategies. 36 Within
each area, a local workforce development board must be established. 37 Each local workforce
development board is required to coordinate planning and service delivery strategies within their area. 38
Formulated strategies are then used by the local workforce development board to develop and submit a
local plan for the delivery of workforce services. 39
One-Stop Delivery System
WIOA aims to strengthen the one-stop delivery system by requiring each local area to have at least one
comprehensive one-stop delivery provider. 40 A comprehensive one-stop delivery provider supplies
physical access to services provided by core partners, as well as other mandatory partners. 41 WIOA
mandates that each partner shares in the funding of services and infrastructure costs of the one-stop
delivery system. 42
Florida's Implementation of WIOA
In 2016, Florida made changes to the workforce development system to conform to the new federal
guidelines established by WIOA. 43 Under the current workforce development system, DEO,
CareerSource, and 24 local workforce development boards act as partners in administering Florida's
comprehensive system for the delivery of workforce strategies, services, and programs.
Department of Economic Opportunity (DEO)
DEO serves as Florida's lead workforce agency. 44 DEO is responsible for the fiscal and administrative
affairs of the workforce development system. 45 DEO receives and distributes federal funds for
employment-related programs to the local workforce development boards. 46 Additionally, under the
direction of CareerSource, DEO must annually meet with each local workforce development board to
33
See 29 U.S.C. § 3 l 12(a).
34
See 29 U.S.C. § 3 l 12(b).
35
See 29 U.S.C. § 3113.
36
See 29 U.S.C. § 3121.
31 Id.
38
See 29 U.S.C. § 3122.
39
See 29 U.S.C. § 3123.
40
See 29 U.S.C. § 3151.
41
Other mandatory partners may include programs under the Older Americans Act, Department of Housing and Urban Development,
Social Security Act, Perkins Career and Technical Education Act, the Community Service Block Grant Act, and certain adult
education and literacy activities. 29 U.S.C. § 315l(b).
42
See 29 U.S.C. § 3151(2).
43
Ch. 2016-216, Laws of Fla.
44
Primarily through the Division of Workforce Services. Sees. 20.60, F.S.
45
S. 445.009(3)(c), F.S.
46
Sees. 445.003, F.S.
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review the board's performance and to certify that the board is in compliance with applicable state and
federal law.47
CareerSource Florida, Inc. (CareerSource)
CareerSource Florida, Inc., a not-for-profit corporation, serves as Florida's state-level workforce
development board. 48 CareerSource is responsible for the development of a 4-year plan that is
consistent with the requirements of WIOA49 and collaborates with DEO, the local workforce
development boards, and one-stop service providers to ensure workforce services are consistent with
°
state and local plans. 5 CareerSource also provides state-level policy direction, planning, and
performance evaluation of the delivery of workforce services. 51
Local Workforce Development Boards
Twenty-four local workforce development boards deliver Florida's workforce development services
through over 100 one-stop service providers. 52 The one-stop service providers give Floridians access
to available workforce services, including job placement, career counseling, and skills training. 53
Collectively, the local workforce development boards operate under a charter approved by
CareerSource. 54 Each local workforce development board formulates a local budget and oversees the
one-stop delivery system within its local area. 55
Review of CareerSource Tampa Bay and CareerSource Pinellas
In response to a series of articles by the Tampa Bay Times, 56 reporting on questionable practices,
violations and malfeasance by CareerSource Tampa Bay and CareerSource Pinellas, the US
Department of Labor conducted a review of the two local workforce development boards. The review
found "fake" job placements, falsified records, and a number of other violations of WIA and WIOA,
resulting in over $17 million in questionable costs. 57
In summary, the US Department of Labor reported that "The improper administration of Federal
employment and training funds by the two local workforce boards lead to blatant non-compliance with
WIOA requirements. This was further compounded by the lack of fiduciary oversight which fostered an
environment vulnerable to mismanagement, waste, fraud, and abuse to occur undetected." 58 The
report detailed 17 findings of non-compliance and 3 areas of concern.
Florida Development Finance Corporation
47
Sees. 445.007(3), F.S.
48
S. 445.004(5)(a), F.S. Prior to 2014, CareerSource was known as Workforce Florida, Inc.
49
S. 445.003(2), F.S.
50
Sees. 445.004, F.S.
51 Jd.
52
DEO, CareerSource Florida Network Directory, http://lcd.floridajobs.org/ (last visited Jan. 17, 2020).
53
Sees. 445.009, F.S.
54
Sees. 445.004, F.S.
55
S. 445.007(12), F.S.
56
Puente and Sampson, CareerSource: Read the entire investigation, TAMPA BAY TIMES (Dec. 21, 2018),
https://www .tampabay.com/investigations/2018/12/20/careersource-read-the-entire-investigation/ (last visited Jan. 22, 2020).
57
U.S. Dept. of Labor, Compliance Review of CareerSource Tampa Bay and CareerSource Pinellas (May 15, 2019),
http://floridajobs.org/docs/default-source/lwdb-resources/program-monitoring-and-reports/20 l 9-usdo I-comp liance-review-and-deo-
response/final-florida-comp liance-review---cstb-csp-workforce-areas---16-may-2019.pdf?sfvrsn=2 (last visited Jan. 22, 2020)
58 Jd
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The Florida Development Finance Corporation (FDFC) is a statewide development financing authority
created by the Legislature in 1993. 59 The original purpose of the FDFC was to foster the growth of
manufacturing and other strong job-creating businesses in Florida by brokering private-activity bond
financing through inter-local agreements with counties, municipalities, and other local political
subdivisions. 60
The FDFC is governed by a five-member board of directors who are appointed by the Governor and
confirmed by the Senate for four-year terms. 61 At least three of the FDFC's directors must be bankers
selected from a list of candidates nominated by the Enterprise Florida, Inc. (EFI), and one must be an
economic development specialist. 62 The directors are vested with the FDFC's powers, and may take
action on behalf of the corporation by a vote of a majority of the directors present at a meeting, unless
otherwise required by the FDFC's bylaws. 63 The directors do not receive compensation for their
service, but are entitled to necessary expenses, including travel expenses. 64 Lastly, the board is
empowered to employ a staff to facilitate the FDFC's functions. 65
The FDFC must provide an annual report to the Governor, the Legislature, the Auditor General, and the
governing body of each public entity with which it has an interlocal agreement, which details:
• The FDFC's activities, operations, and accomplishments, including the specific number of
businesses that the FDFC assisted;
• The FDFC's assets, liabilities, income, and operating expenses, including a description of all
outstanding revenue bonds; and
• Any findings made by the Auditor General in an audit conducted pursuant to s. 11.45, F.S.
In the 2010 legislative session, the FDFC's responsibilities were broadened to allow it to participate in a
federal Department of Energy guaranteed loan program for the development of renewable energy
infrastructure projects, and related energy projects that may be eligible under federal law. 66 The FDFC
has the power to function within the corporate limits of any public agency including local governments
with which it enters into an inter-local agreement. 67
Pursuant to s. 288.9605, F.S., the FDFC operates as a conduit bond issuer that issues bonds on behalf
of borrowers. 68 While the FDFC functions as a mechanism to help borrowers access capital markets, it
does not take on responsibility of debt repayment, even when a borrower fails to repay. 69 Conversely,
the FDFC does not guarantee the bonds it issues but certain borrowers may opt in to the guaranty fund
established by the FDFC pursuant to s. 288.9607, F.S., which guarantees that the bonds issued will be
repaid. This guaranty fund consists of premiums paid by businesses that wish to participate in the fund
and by a property interest in the infrastructure built with the insured bond's proceeds. 70
59
Ch. 288, part X, F.S. The corporation was created as a "public body corporate and politic" meaning that it is a legal entity or
corporation with a public function. Ch. 93-187, ss. 24-45, Laws of Fla.
60
S. 288.9602, F.S., generally expresses the legislative intent of the FDFC.
61
S. 288.9604(2), F.S.
62
S. 288.9604(2), F.S.
63
S. 288.9604(3), F.S.
64
S. 288.9604(3)(a)l., F.S.
65
S. 288.9604(3)(c), F.S.
66
Ch. 2010-139, ss. 2-10, Laws of Fla.
67
S. 288.9605(2)(e), F.S.
68
"[The) FDFC facilitated the issuance of debt obligations ... [t]hese bonds do not constitute a general debt, liability or obligation of
FDFC, the state, or any local government." Florida Development Finance Corporation, Financial Statements for the Year Ended June
30, 2019, 12 (on file with the Senate Committee on Commerce and Tourism). See also, FDFC, Bond Financing,
https://www.fdfcbonds.com/traditional-bonds (last visited Jan. 21, 2020).
69 Id.
70
The guaranty may not exceed 5% of the aggregate principal amount of bonds or other indebtedness relating to any capital project.
S. 288.9607, F.S.
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A majority of the FDFC's financial assistance results from the issuance of municipal bonds, of which it
may issue either a taxable revenue bond or a tax-exempt bond. 71 The bonds issued can provide
financing for projects that further public purposes and are issued on behalf of a range of organizations.
Tax exempt bonds, known also as Private Activity Bonds, require additional borrower qualification
processes, including approval pursuant to the Tax Equity and Fiscal Responsibility Act of 1986
(TEFRA) and allocation from the Florida State Board of Administration's Division of Bond Finance.
These bonds are more lucrative financing options because they tend to have a lower interest rate than
bank loans or taxable fixed-income securities, and investors benefit by not paying income taxes on
interest payments. 72 The FDFC helps its borrowers pursue Private Activity Bonds by assisting them
with the additional qualification processes. 73 In the fiscal year ending June 30, 2019, the FDFC
facilitated the issuance of $2,885,710,000 in eight new money bonds.
The FDFC also administers the Property Assessed Clean Energy (PACE) program, for which it also
may issue bonds and other financial assistance that supports energy conservation. 74 The PACE
Program was launched June 29, 2017, and allows a property owner to use equity accrued from the
original purchase as the basis for an extension of credit. 75 The PACE Program facilitated $19,353,886
in five taxable residential bonds for the 2018-19 fiscal year. 76
FDFC's revenues are generated exclusively by fees it charges for the issuance of bonds. 77 The fees
assessed are a $1,500 application fee and a tiered issuance fee due at the time of closing (sale of
bonds). The tiered issuance fee is based on the face value of the bond issued: bonds valued from $0 -
$2.5 million pay 75 basis points (0. 75%); bonds valued from $2.5-$32.5 million pay 25 basis points
(0.25%); and bonds valued over $32.5 million pay 10 basis points (0.10%). 78
Division of Bond Finance
The Division of Bond Finance (Division) was created by the Legislature in 1969 to issue bonds on
behalf of local governments and agencies of the State of Florida. It assumed the powers of its
predecessor, the Florida Development Commission. The Division has been administratively housed
within the State Board of Administration since 1992, and operates under the control of a governing
board which consists of the Governor and Cabinet. 79 The Division has the power to:
• Sue and be sued;
• Issue any bonds of the state, and to issue bonds on behalf of any state agency;
• Exercise all of the powers relating to the issuance of bonds of any state agency;
• Employ a director of the division to be designated by the Governor;
• Employ or retain persons, firms, or corporations;
• Prepare resolutions and other necessary proceedings relating to the issuance and sale of
bonds;
• Sell all state bonds authorized by law;
• Request assistance related to bond issuance from any state agency;
71
FDFC, About Us, https:ljwww.fdfcbonds.com/copy-of-about-us (last visited Jan. 21, 2020).
72
Steven Maguire and Joseph Hughes, Congressional Research Service, Private Activity Bonds: An Introduction (July 13, 2018),
https:ljfas.org/sgp/crs/misc/RL31457.pdf (last visited Jan. 21, 2020).
73
FDFC, Bond Financing, supra.
74
FDFC, Property Assessed Clean Energy "PACE"- Commercial PACE, https://www.fdfcbonds.com/pace-commerical (last visited Jan.
21, 2020). See also, s. 288.9606(7), F.S.
75 Id.
76
FDFC, Financial Statements for the Year Ended June 30, 2019, supra, at 3.
77
Id. at 6.
78
FDFC, Conduit Issuance Policy, 6-7 (Feb. 26, 2019), https://ca5cce56-0e6c-4988-82a7-
74892bfld07e.filesusr.com/ugd/blb27e Ob227d45ff2b4e139bb36f2846f70b4b.pdf {last visited Jan. 21, 2020).
79
Division of Bond Finance, About the Division of Bond Finance, https://www.sbafla.com/bond/Home/About-the-Division-of-Bond-
Finance (last visited January 21, 2020).
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• Exercise the power of eminent domain;
• Remit the proceeds of any bonds sold for any state agency;
• Exercise control over the state's arbitrage compliance program; and
• Undertake investigations. 80
The Division also determines the allocations for private activity bonds permitted to be issued in Florida
under the Internal Revenue Code. 81
Effect of Proposed Changes
Florida's Workforce Development System
The bill defines the term "state board" to mean the state workforce development board established
pursuant to the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The bill
provides that the state board will be supported by CareerSource, which works at the direction of the
state board in consultation with DEO.
The bill reassigns many of CareerSource powers, duties and responsibilities to DEO, the state board,
or the state board in consultation with DEO and makes a number of conforming changes to reflect this
adjustment in the relationship between DEO, CareerSource, and the state board.
The bill specifies that CareerSource must operate under an agreement with DEO and repeals the
provision in current law which states that CareerSource is not subject to the control, supervision, or
direction of DEO.
The bill provides for the state board to serve as the board of directors of CareerSource. The bill also
provides for the state board to hire an executive director for CareerSource, who will serve as the
president, the chief executive officer, and an employee of CareerSource.
The bill directs CareerSource to:
• operate at the direction of the state board;
• provide support, including administrative support, to the state board;
• work at the direction of the state board in consultation with DEO when appropriate; and
• implement the policy directives of the state board and administer state workforce development
programs as authorized by law, in accordance with its agreement with DEO.
The bill authorizes the state board to hire a director and staff to assist in carrying out the functions and
spending the funds made available through WIOA. The bill also directs the state board to authorize the
director and staff to work with the department in carrying out the functions of WIOA.
The bill requires that the state board notify the Governor and DEO of statewide or local workforce
development and training needs that may require policy changes or an update to the state plan
required under s. 445.003, F.S. The bill also requires CareerSource to report all donations and grants
they receive to the state board and DEO.
The bill authorizes the chief elected official of a local workforce development board to remove, for
cause, a member of the local board, the executive director of the local board, or the designated person
responsible for the operational and administrative functions of the local board.
80
S. 215.64, F.S.
81
S. 159.804, F.S. See also, Division of Bond Finance, Tax Equity and Fiscal Responsibility Act (TEFRA) Approval,
https://www.sbafla.com/bondfinance/Other-Functions/TEFRA (last visited Jan. 21, 2020).
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The bill defines the term "for cause" to include, but not limited to, engaging in fraud or other criminal
acts, incapacity, unfitness, neglect of duty, official incompetence and irresponsibility, misfeasance,
malfeasance, nonfeasance, or lack of performance.
The bill also deletes a number of obsolete provisions.
Florida Development Finance Corporation
Relating to the board of directors of the Florida Development Finance Corporation, the bill:
• Increases the board of directors from five to seven members.
• Provides that the executive director of DEO, or his or her designee, serve as the chair of the
board.
• Provides that the director of the Division of Bond Finance, or his or her designee, serve on the
board.
• Specifies that the Governor will appoint the remaining five members, subject to confirmation by
the Senate. Of the five appointed members:
o Three or more must be bankers or persons with experience in finance.
o One must be an economic development specialist.
• Specifies that the board may remove appointed directors under certain circumstances.
The bill requires DEO to develop a detailed report concerning the performance of FDFC each year, and
to include the report, along with an existing summary report of FDFC, in its annual report to the
Governor, President and Speaker. The bill also requires DEO to establish annual performance
standards for FDFC and to annually report on how such performance measures are being met.
The bill provides thats. 288.9604, F.S., the statute creating and authorizing the FDFC, stands repealed
October 1, 2022, and every fourth year thereafter, unless reviewed and saved from repeal by the
Legislature.
The bill specifies that an FDFC contract or interlocal agreement in existence before July 1, 2020, will
remain in effect and be binding on successors.
The bill provides for an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends subsections (1) and (3) of s. 288.018, F.S., relating to the Regional Rural
Development Grants Program.
Section 2 Amends s. 288.0655, F.S., relating to the Rural Infrastructure Fund.
Section 3 Amends s. 445.002, F.S., defining the terms "for cause" and "state board".
Section 4 Amends s. 445.003, F.S., replacing CareerSource Florida, Inc., with the state board or
the Department of Economic Opportunity in provisions relating to the implementation of
the federal Workforce Innovation and Opportunity Act; authorizing, rather than requiring,
certain funds to be reserved for the Incumbent Worker Training Program; conforming
provisions to changes made by the act; authorizing the state board to hire a director and
staff; requiring the state board to authorize the director and staff to work with the
department for specified reasons.
Section 5 Amends s. 445.004, F.S., revising provisions relating to the operation of CareerSource
Florida, Inc.; revising the purpose of CareerSource Florida, Inc.; providing purpose for
the state board; revising the organizational structure of CareerSource Florida, Inc.;
providing requirements for the organizational structure of the state board; providing the
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state board with powers and authority previously held by CareerSource Florida, Inc.;
revising the requirements related to such powers and authority; requiring the state
board, rather than CareerSource Florida, Inc., to submit an annual report to the
Governor and the Legislature; authorizing the Auditor General to conduct an audit of the
state board and programs or entities created by the state board; requiring the state
board, rather than CareerSource Florida, Inc., to establish certain uniform performance
accountability measures; requiring the state board, in consultation with the department,
to design the workforce development strategy for the state; requiring that the strategy be
approved by the Governor; revising requirements relating to the workforce development
system; authorizing the department to consult with the state board to issue certain
technical assistance letters.
Section 6 Amends s. 445.006, F.S., requiring that the state board, rather than CareerSource
Florida, Inc., take certain actions relating to the state plan for workforce development.
Section 7 Amends s. 445.007, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to local workforce development boards; deleting the
definition of the term "cause"; authorizing a chief elected official for a local workforce
development board to remove certain persons from the board for cause; requiring the
department to provide certain guidance to specified entities; deleting an obsolete
provision; making technical changes.
Section 8 Amends s. 445.0071, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to the Florida Youth Summer Jobs Pilot Program.
Section 9 Amends s. 445.008, F.S., revising authority relating to the Workforce Training Institute;
requiring that certain donations and grants be reported to the state board and the
department.
Section 10 Amends s. 445.009, F.S., replacing CareerSource Florida, Inc., with the state board or
the department in provisions relating to one-stop delivery systems; deleting an obsolete
provision.
Section 11 Amends s. 445.011, F.S., replacing CareerSource Florida, Inc., with the department in
provisions relating to workforce information systems; requiring the department to consult
with the state board in implementing certain automated information systems; deleting a
provision requiring CareerSource Florida, Inc., to take certain actions when procuring
workforce information systems.
Sections 12-34 Conforms provisions to changes made by the act.
Section 35 Amends s. 20.60, F.S., requiring the executive director of the Department of Economic
Opportunity to serve as the chair of the board of directors of the Florida Development
Finance Corporation; requiring the department to include specified information in its
annual report and develop annual performance standards for the corporation;
conforming provisions to changes made by the act.
Section 36 Amends s. 288.9604, F.S., revising the membership of the board of directors of the
Florida Development Finance Corporation; conforming provisions to changes made by
the act; providing for future repeals; requiring the current chair and vice chair of the
board of directors of the Florida Development Finance Corporation to serve as appointed
directors after a specified date.
Section 37 Provides construction.
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Section 38 Amends s. 288.9610, F.S., requiring the Florida Development Finance Corporation to
submit an annual report containing specified information to the Department of Economic
Opportunity.
Section 39 Provides that certain contracts and interlocal agreements remain in effect and binding
under certain circumstances.
Section 40 Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
See Fiscal Comments.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
See Fiscal Comments.
D. FISCAL COMMENTS:
The bill reduces the required match under the Regional Rural Development Grant Program to a 25
percent match of the state contribution, instead of the current one-to-one match requirement.
The bill also increases the allowable grant award for Rural Infrastructure Fund projects from 30 percent
to 50 percent of the total infrastructure project cost.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
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DATE: 2/17/2020
B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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1 A bill to be entitled
2 An act relating to economic development; amending s.
3 288.018, F.S.; defining the term "regional economic
4 development organization"; specifying the duties of a
5 regional economic development organization; specifying
6 authorized uses of matching grants; revising the
7 required amount of nonstate matching funds; requiring
8 certain information to be included in contracts or
9 agreements involving grant funds; specifying the
10 information that must be posted on a regional economic
11 development organization's website before execution of
12 certain contracts or agreements; deleting an obsolete
13 provision; increasing the amount of funds the
14 Department of Economic Opportunity may expend each
15 fiscal year from the Rural Community Development
16 Revolving Loan Fund for certain purposes; amending s.
17 288.0655, F.S.; increasing the maximum percent of
18 total infrastructure project costs for which the
19 department may award a grant; repealing a provision
20 addressing certain increased maximum percentages;
21 specifying that improving availability of broadband
22 Internet services is an eligible project for certain
23 grant funds; providing that grants for improvements to
24 broadband Internet service and access must be
25 conducted through certain partnerships; extending the
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26 date by which the department is required to reevaluate
27 certain guidelines; requiring certain information to
28 be included in contracts or agreements involving grant
29 funds; specifying the information that must be posted
30 on a regional economic development organization's
31 website before execution of certain contracts or
32 agreements; amending s. 445.002, F.S.; defining the
33 terms "for cause" and "state board"; amending s.
34 445.003, F.S.; replacing CareerSource Florida, Inc.,
35 with the state board or the department in provisions
36 relating to the implementation of the federal
37 Workforce Innovation and Opportunity Act; authorizing,
38 rather than requiring, certain funds to be reserved
39 for the Incumbent Worker Training Program; conforming
40 provisions to changes made by the act; authorizing the
41 state board to hire a director and staff; requiring
42 the state board to authorize the director and staff to
43 work with the department for specified reasons;
44 amending s. 445.004, F.S.; revising provisions
45 relating to the operation of CareerSource Florida,
46 Inc.; revising the purpose of CareerSource Florida,
47 Inc.; providing purpose for the state board; revising
48 the organizational structure of CareerSource Florida,
49 Inc.; providing requirements for the organizational
50 structure of the state board; providing the state
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51 board with powers and authority previously held by
52 CareerSource Florida, Inc.; revising the requirements
53 related to such powers and authority; requiring the
54 state board, rather than CareerSource Florida, Inc.,
55 to submit an annual report to the Governor and the
56 Legislature; authorizing the Auditor General to
57 conduct an audit of the state board and programs or
58 entities created by the state board; requiring the
59 state board, rather than CareerSource Florida, Inc.,
60 to establish certain uniform performance
61 accountability measures; requiring the state board, in
62 consultation with the department, to design the
63 workforce development strategy for the state;
64 requiring that the strategy be approved by the
65 Governor; revising requirements relating to the
66 workforce development system; authorizing the
67 department to consult with the state board to issue
68 certain technical assistance letters; amending s.
69 445.006, F.S.; requiring that the state board, rather
70 than CareerSource Florida, Inc., take certain actions
71 relating to the state plan for workforce development;
72 amending s. 445.007, F.S.; replacing CareerSource
73 Florida, Inc., with the state board or the department
74 in provisions relating to local workforce development
75 boards; deleting the definition of the term "cause";
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76 authorizing a chief elected official for a local
77 workforce development board to remove certain persons
78 from the board for cause; requiring the department to
79 provide certain guidance to specified entities;
80 deleting an obsolete provision; making technical
81 changes; amending s. 445.0071, F.S.; replacing
82 CareerSource Florida, Inc., with the state board or
83 the department in provisions relating to the Florida
84 Youth Summer Jobs Pilot Program; amending s. 445.008,
85 F.S.; revising authority relating to the Workforce
86 Training Institute; requiring that certain donations
87 and grants be reported to the state board and the
88 department; amending s. 445.009, F.S.; replacing
89 CareerSource Florida, Inc., with the state board or
90 the department in provisions relating to one-stop
91 delivery systems; deleting an obsolete provision;
92 amending s. 445.011, F.S.; replacing CareerSource
93 Florida, Inc., with the department in provisions
94 relating to workforce information systems; requiring
95 the department to consult with the state board in
96 implementing certain automated information systems;
97 deleting a provision requiring CareerSource Florida,
98 Inc., to take certain actions when procuring workforce
99 information systems; amending s. 445.014, F.S.;
100 replacing CareerSource Florida, Inc., with the state
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101 board in provisions relating to the establishment of
102 one-stop delivery systems; amending s. 445.021, F.S.;
103 replacing CareerSource Florida, Inc., with the state
104 board in provisions relating to the relocation
105 assistance program; amending s. 445.022, F.S.;
106 replacing CareerSource Florida, Inc., with the state
107 board in provisions relating to Retention Incentive
108 Training Accounts; amending s. 445.024, F.S.;
109 replacing CareerSource Florida, Inc., with the state
110 board in provisions relating to certain contract
111 exceptions; amending s. 445.026, F.S.; replacing
112 CareerSource Florida, Inc., with the state board in
113 provisions relating to cash assistance severance
114 benefits; amending s. 445.028, F.S.; replacing
115 CareerSource Florida, Inc., with the department in
116 provisions relating to transitional benefits and
117 services; amending s. 445.030, F.S.; replacing
118 CareerSource Florida, Inc., with the state board in
119 provisions relating to transitional education and
120 training; amending s. 445.033, F.S.; replacing
121 CareerSource Florida, Inc., with the state board in
122 provisions relating to evaluations of TANF-funding
123 programs; amending s. 445.035, F.S.; replacing
124 CareerSource Florida, Inc., with the state board in
125 provisions relating to data collection and reporting;
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126 amending s. 445.048, F.S.; replacing CareerSource
127 Florida, Inc., with the state board in provisions
128 relating to the Passport to Economic Progress program;
129 amending s. 445.051, F.S.; replacing CareerSource
130 Florida, Inc., with the state board in provisions
131 relating to individual development accounts; amending
132 s. 445.055, F.S.; replacing CareerSource Florida,
133 Inc., with the state board in provisions relating to
134 the establishment of an employment advocacy and
135 assistance program targeting a certain group; amending
136 ss. 11.45, 288.901, 331.369, 413.405, 414.045,
137 420.622, 443.171, 443.181, 446. 71, 1011.80, and
138 1011.801, F.S.; conforming provisions to changes made
139 by the act; amending s. 20.60, F.S.; requiring the
140 executive director of the department to serve as the
141 chair of the board of directors of the Florida
142 Development Finance Corporation; requiring the
143 department to include specified information in its
144 annual report and develop annual performance standards
145 for the corporation; conforming provisions to changes
146 made by the act; amending s. 288.9604, F.S.; revising
147 the membership of the board of directors of the
148 corporation; conforming provisions to changes made by
149 the act; providing for future repeals; requiring the
150 current chair and vice chair of the board of directors
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151 of the corporation to serve as appointed directors
152 after a specified date; providing construction;
153 amending s. 288.9610, F.S.; requiring the corporation
154 to submit an annual report containing specified
155 information to the department; providing that certain
156 contracts and interlocal agreements remain in effect
157 and binding under certain circumstances; providing an
158 effective date.
159
160 Be It Enacted by the Legislature of the State of Florida:
161
162 Section 1. Subsections (1) and (3) of section 288.018,
163 Florida Statutes, are amended to read:
164 288.018 Regional Rural Development Grants Program.-
165 ( 1) (a) For the purposes of this section, the term
166 "regional economic development organization" means an economic
167 development organization located in or contracted to serve a
168 rural area of opportunity, as defined ins. 288.0656(2) (d).
169 J.!21 The department shall establish a matching grant
170 program to provide funding to regional regionally based economic
171 development organizations representing rural counties and
172 coffiffi.unities for the purpose of building the professional
173 capacity of those their organizations. Building the professional
174 capacity of a regional economic development organization
175 includes hiring professional staff to develop, deliver, and
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17 6 provide needed economic development professional services,
177 including technical assistance, education and leadership
178 development, marketing, and project recruitment. &ttefl Matching
179 grants may also be used by a regional aft economic development
180 organization to provide technical assistance to local
181 governments, local economic development organizations, and
182 existing and prospective businesses within the rural counties
183 and communities that it serves.
184 (c) A regional economic development organization may apply
185 annually to the department for a matching grant. The department
186 is authorized to approve, on an annual basis, grants to such
187 regional regionally based economic development organizations.
188 The maximum amount an organization may receive in any year will
189 be $50,000, or $250,000 for any three regional economic
190 development organizations that serve an entire region of a rural
191 area of opportunity designated pursuant to s. 288.0656(7) if
192 they are recognized by the department as serving such a region.
193 (d) Grant funds received by a regional economic
194 development organization $150,000 in a rural area of opportunity
195 recomrnended by the Rural Economic Development Initiative and
196 designated by the Governor, and must be matched each year by aft
197 equivalent amount of nonstate resources in an amount equal to 25
198 percent of the state contribution.
199 (3) (a) A contract or agreement that involves the
200 expenditure of grant funds provided under this section,
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201 including a contract or agreement entered into between another
202 entity and a regional economic development organization, a unit
203 of local government, or an economic development organization
204 substantially underwritten by a unit of local government, must
205 include:
206 1. The purpose of the contract or agreement.
207 2. Specific performance standards and responsibilities for
208 each entity under the contract or agreement.
209 3. A detailed project or contract budget, if applicable.
210 4. The value of any services provided.
211 5. The projected travel expenses for employees and board
212 members, if applicable.
213 (b) At least 14 days before executing a contract or
214 agreement, the contracting regional economic development
215 organization shall post on its website:
216 1. Any contract or agreement that involves the expenditure
217 of grant funds provided under this section.
218 2. A plain-language version of any contract or agreement
219 that is estimated to exceed $35,000 with a private entity, a
220 municipality, or a vendor of services, supplies, or programs,
221 including marketing, or for the purchase or lease or use of
222 lands, facilities, or properties which involves the expenditure
223 of grant funds provided under this section and which is
224 estimated to exceed $35,000 The department may also contract for
225 the development of an enterprise zone web portal or websites for
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226 each enterprise zone which will be used to market the program
227 for job creation in disadvantaged urban and rural enterprise
228 zones. Each enterprise zone web page should include downloadable
229 links to state forms and information, as well as local message
230 boards that help businesses and residents receive information
231 concerning zone boundaries, job openings, zone programs, and
232 neighborhood improvement activities.
233 Section 2. Subsections (5) and (6) of section 288.0655,
234 Florida Statutes, are renumbered as subsections (6) and (7),
235 respectively, paragraph (b) of subsection (2) and subsection (4)
236 are amended, and a new subsection (5) is added to that section,
237 to read:
238 288.0655 Rural Infrastructure Fund.-
239 (2)
240 (b) To facilitate access of rural communities and rural
241 areas of opportunity as defined by the Rural Economic
242 Development Initiative to infrastructure funding programs of the
243 Federal Government, such as those offered by the United States
244 Department of Agriculture and the United States Department of
245 Commerce, and state programs, including those offered by Rural
246 Economic Development Initiative agencies, and to facilitate
247 local government or private infrastructure funding efforts, the
248 department may award grants for up t o ~ -3-G- percent of the total
249 infrastructure project cost. If an application for funding is
250 for a catalyst site, as defined ins. 288.0656, the department
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251 ffiay award grants for up to 40 percent of the total
252 infrastructure project cost. Eligible projects must be related
253 to specific job-creation or job-retention opportunities.
254 Eligible projects may also include improving any inadequate
255 infrastructure that has resulted in regulatory action that
256 prohibits economic or community growth~ e-r- reducing the costs to
257 community users of proposed infrastructure improvements that
258 exceed such costs in comparable communities, and improving
259 access to and the availability of broadband Internet service.
260 Eligible uses of funds shall include improvements to public
261 infrastructure for industrial or commercial sites, upgrades to
262 or development of public tourism infrastructure, and
263 improvements to broadband Internet service and access in
264 unserved or underserved rural communities. Improvements to
265 broadband Internet service and access must be conducted through
266 a partnership or partnerships with one or more dealers of
267 communications services, as defined ins. 202.11(2), and the
268 partnership or partnerships must be established by a publicly
269 noticed and competitively selected process and upgrades to or
270 developffient of public tourisffi infrastructure. Authorized
271 infrastructure may include the following public or public-
272 private partnership facilities: storm water systems;
273 telecommunications facilities; broadband facilities; roads or
274 other remedies to transportation impediments; nature-based
275 tourism facilities; or other physical requirements necessary to
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276 facilitate tourism, trade, and economic development activities
277 in the community. Authorized infrastructure may also include
278 publicly or privately owned self-powered nature-based tourism
279 facilities, publicly owned telecommunications facilities, and
280 broadband facilities, and additions to the distribution
281 facilities of the existing natural gas utility as defined ins.
282 366.04 (3) (c), the existing electric utility as defined ins.
283 366.02, or the existing water or wastewater utility as defined
284 ins. 367.021(12), or any other existing water or wastewater
285 facility, which owns a gas or electric distribution system or a
286 water or wastewater system in this state where:
287 1. A contribution-in-aid of construction is required to
288 serve public or public-private partnership facilities under the
289 tariffs of any natural gas, electric, water, or wastewater
290 utility as defined herein; and
291 2. Such utilities as defined herein are willing and able
292 to provide such service.
293 (4) By September 1, 2021 ~ ' the department shall, in
294 consultation with the organizations listed in subsection (3),
295 and other organizations, reevaluate existing guidelines and
296 criteria governing submission of applications for funding,
297 review and evaluation of such applications, and approval of
298 funding under this section. The department shall consider
299 factors including, but not limited to, the project's potential
300 for enhanced job creation or increased capital investment, the
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301 demonstration and level of local public and private commitment,
302 whether the project is located in an enterprise ~one, in a
303 community development corporation service area, or in an urban
304 high-crime area as designated under s. 212.097, the unemployment
305 rate of the county in which the project would be located, and
306 the poverty rate of the community.
307 (5) (a) A contract or agreement that involves the
308 expenditure of grant funds provided under this section,
309 including a contract or agreement entered into between another
310 entity and a regional economic development organization, a unit
311 of local government, or an economic development organization
312 substantially underwritten by a unit of local government, must
313 include:
314 1. The purpose of the contract or agreement.
315 2. Specific performance standards and responsibilities for
316 each entity.
317 3. A detailed project or contract budget, if applicable.
318 4. The value of any services provided.
319 5. The projected travel expenses for employees and board
320 members, if applicable.
321 (b) At least 14 days before execution, the contracting
322 regional economic development organization shall post on its
323 website:
324 1. Any contract or agreement that involves the expenditure
325 of grant funds provided under this section.
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326 2. A plain-language version of a contract or agreement
327 that is estimated to exceed $35,000 with a private entity, a
328 municipality, or a vendor of services, supplies, or programs,
329 including marketing, or for the purchase or lease or use of
330 lands, facilities, or properties which involves the expenditure
331 of grant funds provided under this section and which is
332 estimated to exceed $35,000.
333 Section 3. Subsections (2) and (3) of section 445.002,
334 Florida Statutes, are renumbered as subsections (3) and (5),
335 respectively, and new subsections (2) and (4) are added to that
336 section to read:
337 445.002 Definitions.-As used in this chapter, the term:
338 (2) "For cause" includes, but is not limited to, engaging
339 in fraud or other criminal acts, incapacity, unfitness, neglect
340 of duty, official incompetence and irresponsibility,
341 misfeasance, malfeasance, nonfeasance, or lack of performance.
342 (4) "State board" means the state workforce development
343 board established pursuant to the Workforce Innovation and
344 Opportunity Act, Pub. L. No. 113-128, Title I, s. 101. The state
345 board shall be supported by CareerSource Florida, Inc., which
346 works at the direction of the state board in consultation with
347 the department as required by this chapter.
348 Section 4. Subsections (2) through (5) of section 445.003,
349 Florida Statutes, are amended, and subsection (6) is added to
350 that section, to read:
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351 445.003 Implementation of the federal Workforce Innovation
352 and Opportunity Act.-
353 (2) FOUR-YEAR PLAN.-The state board CareerSource Florida,
354 Inc., shall prepare and submit a 4-year plan, consistent with
355 the requirements of the Workforce Innovation and Opportunity
356 Act. Mandatory and optional federal partners shall be fully
357 involved in designing the plan's one-stop delivery system
358 strategy. The plan must clearly define each program's statewide
359 duties and role relating to the system. The plan must detail a
360 process that would fully integrate all federally mandated and
361 optional partners.
362 (3) FUNDING.-
363 (a) Title I, Workforce Innovation and Opportunity Act
364 funds; Wagner-Peyser funds; and NAFTA/Trade Act funds will be
365 expended based on the 4-year plan of the state board
366 CareerSource Florida, Inc. The plan must outline and direct the
367 method used to administer and coordinate various funds and
368 programs that are operated by various agencies. The following
369 provisions apply to these funds:
370 1. At least 50 percent of the Title I funds for Adults and
371 Dislocated Workers which are passed through to local workforce
372 development boards shall be allocated to and expended on
373 Individual Training Accounts unless a local workforce
374 development board obtains a waiver from the state board
375 CareerSource Florida, Inc. Tuition, books, and fees of training
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376 providers and other training services prescribed and authorized
377 by the Workforce Innovation and Opportunity Act qualify as
378 Individual Training Account expenditures.
379 2. Fifteen percent of Title I funding shall be retained at
380 the state level and dedicated to state administration and shall
381 be used to design, develop, induce, and fund innovative
382 Individual Training Account pilots, demonstrations, and
383 programs. Of such funds retained at the state level, $2 million
384 may shall be reserved for the Incumbent Worker Training Program
385 created under subparagraph 3. Eligible state administration
386 costs include the costs of funding for the state board and state
387 board staff of CareerSource Florida, Inc.; operating fiscal,
388 compliance, and management accountability systems through the
389 department CareerSource Florida, Inc.; conducting evaluation and
390 research on workforce development activities; and providing
391 technical and capacity building assistance to local workforce
392 development areas at the direction of the state board
393 CareerSource Florida, Inc. Notwithstanding s. 445.004, such
394 administrative costs may not exceed 25 percent of these funds.
395 An amount not to exceed 75 percent of these funds shall be
396 allocated to Individual Training Accounts and other workforce
397 development strategies for other training designed and tailored
398 by the department in consultation with the state board
399 CareerSource Florida, Inc., including, but not limited to,
400 programs for incumbent workers, nontraditional employment, and
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401 enterprise zones. The department, in consultation with the state
402 board CareerSource Florida, Inc., shall design, adopt, and fund
403 Individual Training Accounts for distressed urban and rural
404 communities.
405 3. The Incumbent Worker Training Program is created for
406 the purpose of providing grant funding for continuing education
407 and training of incumbent employees at existing Florida
408 businesses. The program will provide reimbursement grants to
409 businesses that pay for preapproved, direct, training-related
410 costs.
411 a. The Incumbent Worker Training Program will be
412 administered by CareerSource Florida, Inc., which may, at its
413 discretion, contract with a private business organization to
414 serve as grant administrator.
415 b. The program shall be administered pursuant to s.
416 134(d) (4) of the Workforce Innovation and Opportunity Act.
417 Priority for funding shall be given to businesses with 25
418 employees or fewer, businesses in rural areas, businesses in
419 distressed inner-city areas, businesses in a qualified targeted
420 industry, businesses whose grant proposals represent a
421 significant upgrade in employee skills, or businesses whose
422 grant proposals represent a significant layoff avoidance
423 strategy.
424 c. All costs reimbursed by the program must be preapproved
425 by CareerSource Florida, Inc., or the grant administrator. The
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426 program may not reimburse businesses for trainee wages, the
427 purchase of capital equipment, or the purchase of any item or
428 service that may possibly be used outside the training project.
429 A business approved for a grant may be reimbursed for
430 preapproved, direct, training-related costs including tuition,
431 fees, books and training materials, and overhead or indirect
432 costs not to exceed 5 percent of the grant amount.
433 d. A business that is selected to receive grant funding
434 must provide a matching contribution to the training project,
435 including, but not limited to, wages paid to trainees or the
436 purchase of capital equipment used in the training project; must
437 sign an agreement with CareerSource Florida, Inc., or the grant
438 administrator to complete the training project as proposed in
439 the application; must keep accurate records of the project's
440 implementation process; and must submit monthly or quarterly
441 reimbursement requests with required documentation.
442 e. All Incumbent Worker Training Program grant projects
443 shall be performance-based with specific measurable performance
444 outcomes, including completion of the training project and job
445 retention. CareerSource Florida, Inc., or the grant
446 administrator shall withhold the final payment to the grantee
447 until a final grant report is submitted and all performance
448 criteria specified in the grant contract have been achieved.
449 f. The state board CareerSource Florida, Inc., may
450 establish guidelines necessary to implement the Incumbent Worker
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451 Training Program.
452 g. No more than 10 percent of the Incumbent Worker
453 Training Program's total appropriation may be used for overhead
454 or indirect purposes.
455 4. At least 50 percent of Rapid Response funding shall be
456 dedicated to Intensive Services Accounts and Individual Training
457 Accounts for dislocated workers and incumbent workers who are at
458 risk of dislocation. The department CareerSource Florida, Inc.,
459 shall also maintain an Emergency Preparedness Fund from Rapid
460 Response funds, which will immediately issue Intensive Service
461 Accounts, Individual Training Accounts, and other federally
462 authorized assistance to eligible victims of natural or other
463 disasters. At the direction of the Governor, these Rapid
464 Response funds shall be released to local workforce development
465 boards for immediate use after events that qualify under federal
466 law. Funding shall also be dedicated to maintain a unit at the
4 67 state level to respond to Rapid Response emergencies and to work
4 68 with state emergency management officials and local workforce
469 development boards. All Rapid Response funds must be expended
470 based on a plan developed by the state board in consultation
471 with the department CareerSource Florida, Inc., and approved by
472 the Governor.
473 (b) The administrative entity for Title I, Workforce
474 Innovation and Opportunity Act funds, and Rapid Response
475 activities is the department of Economic Opportunity, which
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476 shall provide direction to local workforce development boards
477 regarding Title I programs and Rapid Response activities
478 pursuant to the direction of CareerSource Florida, Inc.
479 (4) FEDERAL REQUIREMENTS, EXCEPTIONS AND REQUIRED
480 MODIFICATIONS.-
481 (a) The state board CareerSource Florida, Inc., may
482 provide indemnification from audit liabilities to local
483 workforce development boards that act in full compliance with
484 state law and board policy.
485 (b) The state board, in consultation with the department
486 CareerSource Florida, Inc., may make modifications to the
487 state's plan, policies, and procedures to comply with federally
488 mandated requirements that in its judgment must be complied with
489 to maintain funding provided pursuant to Pub. L. No. 113-128.
490 The state board shall provide written notice to the Governor,
491 the President of the Senate, and the Speaker of the House of
492 Representatives within 30 days after any such changes or
493 modifications.
494 (c) The state board CareerSource Florida, Inc., shall
495 enter into a memorandum of understanding with the Florida
496 Department of Education to ensure that federally mandated
497 requirements of Pub. L. No. 113-128 are met and are in
498 compliance with the state plan for workforce development.
499 (5) LONG-TERM CONSOLIDATION OF WORKFORCE DEVELOPMENT.-The
500 state board CareerSource Florida, Inc., may recommend workforce-
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501 related divisions, bureaus, units, programs, duties,
502 commissions, boards, and councils for elimination,
503 consolidation, or privatization.
504 (6) AUTHORITY TO HIRE DIRECTOR AND STAFF.-The state board
505 may hire a director and staff to assist in carrying out the
506 functions of the Workforce Innovation and Opportunity Act and in
507 using funds made available through the act. The state board
508 shall authorize the director and staff to work with the
509 department in carrying out the functions of the Workforce
510 Innovation and Opportunity Act.
511 Section 5. Section 445.004, Florida Statutes, is amended
512 to read:
513 445.004 CareerSource Florida, Inc., and the state board;
514 creation; purpose; membership; duties and powers.-
515 (1) CareerSource Florida, Inc., is created as a not-for-
516 profit corporation, which shall be registered, incorporated,
517 organized, and operated in compliance with chapter 617 and shall
518 operate at the direction of the state board. CareerSource
519 Florida, Inc., is not a unit or entity of state government and
520 is exempt from chapters 120 and 287. CareerSource Florida, Inc.,
521 shall apply the procurement and expenditure procedures required
522 by federal law for the expenditure of federal funds.
523 CareerSource Florida, Inc., shall be administratively housed
524 within the department and shall operate under agreement with~
525 Economic Opportunity; however, CareerSource Florida, Inc., is
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526 not subject to control, supervision, or direction by the
527 department in any manner. The Legislature finds that public
528 policy dictates that CareerSource Florida, Inc., operate in the
529 most open and accessible manner consistent with its public
530 purpose. To this end, the Legislature specifically declares that
531 CareerSource Florida, Inc., its board, councils, and any
532 advisory committees or similar groups created by CareerSource
533 Florida, Inc., are subject to the provisions of chapter 119
534 relating to public records, and those provisions of chapter 286
535 relating to public meetings.
536 (2) CareerSource Florida, Inc., provides administrative
537 support for the state board, -i--s- the principal workforce policy
538 organization for the state. The purpose of the state board
539 CareerSource Florida, Inc., is to design and implement
540 strategies that help Floridians enter, remain in, and advance in
541 the workplace, so that they may become more highly skilled and
542 successful, which benefits these Floridians, Florida businesses,
543 and the entire state, and fosters the development of the state's
544 business climate. CareerSource Florida, Inc., shall, consistent
545 with its agreement with the department, implement the policy
546 directives of the state board and administer state workforce
547 development programs as authorized by law.
548 (3) (a) CareerSource Florida, Inc., shall be governed by a
549 board of directors, whose membership and appointment must be
550 consistent with Pub. L. No. 113 128, Title I, s. lOl(b). Members
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551 of the state board described in Pub. L. No. 113-128, Title I, s.
552 101 (b) (1) (C) (iii) (I) (aa) are shall be nonvoting members. The
553 number of members is directors shall be determined by the
554 Governor, who shall consider the importance of minority, gender,
555 and geographic representation in making appointments to the
556 state board. When the Governor is in attendance, he or she shall
557 preside at all meetings of the state board of directors.
558 (b) The state board of directors of CareerSource Florida,
559 Inc., shall be chaired by a board member designated by the
560 Governor pursuant to Pub. L. No. 113-128. A member may not serve
561 more than two terms.
562 (c) Members appointed by the Governor may serve no more
563 than two terms and must be appointed for 3-year terms. However,
564 in order to establish staggered terms for state board members,
565 the Governor shall appoint or reappoint one-third of the state
566 board members for 1-year terms, one-third of the state board
567 members for 2-year terms, and one-third of the state board
568 members for 3-year terms beginning July 1, 2016. Subsequent
569 appointments or reappointments shall be for 3-year terms, except
570 that a member appointed to fill a vacancy on the state board
571 shall be appointed to serve only the remainder of the term of
572 the member whom he or she is replacing, and may be appointed for
573 a subsequent 3-year term. Private sector representatives of
574 businesses, appointed by the Governor pursuant to Pub. L. No.
575 113-128, shall constitute a majority of the membership of the
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576 state board. Private sector representatives shall be appointed
577 from nominations received by the Governor, including, but not
578 limited to, those nominations made by the President of the
579 Senate and the Speaker of the House of Representatives. Private
580 sector appointments to the state board must be representative of
581 the business community of this state; no fewer than one-half of
582 the appointments must be representative of small businesses, and
583 at least five members must have economic development experience.
584 Members appointed by the Governor serve at the pleasure of the
585 Governor and are eligible for reappointment.
586 (d) The state board must include the vice chairperson of
587 the board of directors of Enterprise Florida, Inc., and one
588 member representing each of the Workforce Innovation and
589 Opportunity Act partners, including the Division of Career and
590 Adult Education, and other entities representing programs
591 identified in the Workforce Innovation and Opportunity Act, as
592 determined necessary.
593 (e) A member of the state board of directors of
594 CareerSource Florida, Inc., may be removed by the Governor for
595 cause. Absence from three consecutive meetings results in
596 automatic removal. The chair of the state board CareerSource
597 Florida, Inc., shall notify the Governor of such absences.
598 (f) Representatives of businesses appointed to the state
599 board of directors may not include providers of workforce
600 services.
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601 (g) The state board serves as the board of directors of
602 CareerSource Florida, Inc. The state board shall hire an
603 executive director for CareerSource Florida, Inc. The executive
604 director serves as the president, the chief executive officer,
605 and an employee of CareerSource Florida, Inc. The president of
606 CareerSource Florida, Inc., serves at the pleasure of the
607 Governor.
608 ( 4) (a) The president of CareerSource Florida, Inc., shall
609 be hired by the board of directors of CareerSource Florida,
610 Inc., and shall serve at the pleasure of the Governor in the
611 capacity of an eJrecutive director and secretary of CareerSource
612 Florida, Inc.
613 (a)-f-f+ The state board of directors of CareerSource
614 Florida, Inc., shall meet at least quarterly and at other times
615 upon the call of its chair. The state board and its committees,
616 subcommittees, or other subdivisions may use any method of
617 telecommunications to conduct meetings, including establishing a
618 quorum through telecommunications, if the public is given proper
619 notice of the telecommunications meeting and is given reasonable
620 access to observe and, if appropriate, participate.
621 (b)+e+- A majority of the total current membership of the
622 state board of directors of CareerSource Florida, Inc.,
623 constitutes a quorum and is required to organize and conduct the
624 business of the state board, except that a majority of the
625 executive committee is required to adopt or amend the bylaws.
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626 (d) A majority of those voting is required to organize and
627 conduct the business of the board, except that a majority of the
628 entire board of directors is required to adopt or amend the
629 bylaws.
630 (c)-te+- Except as delegated or authorized by the state
631 board of directors of CareerSource Florida, Inc., individual
632 members have no authority to control or direct the operations of
633 CareerSource Florida, Inc., or the actions of its officers and
634 employees, including the president.
635 (d)-f-£-t Members of the state board of directors of
636 CareerSource Florida, Inc., and its committees serve without
637 compensation, but these members and 7 the president 7 and -t-h-e
638 employees of CareerSource Florida, Inc., may be reimbursed for
639 all reasonable, necessary, and actual expenses as provided under
640 pursuant to s. 112.061.
641 __0tl_+J+ The state board shall of directors of CareerSource
642 Florida, Inc., may establish an executive committee consisting
643 of the chair and at least six additional board members selected
644 by the chair, one of whom must be a representative of organized
645 labor. The executive committee and the president of CareerSource
646 Florida, Inc., have such authority as the state board delegates
647 to them, except that the state board of directors may not
648 delegate to the executive committee authority to take action
649 that requires approval by a majority of the entire state board
650 of directors.
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651 J.!l-Brt The chair may appoint committees to fulfill the
652 state board's responsibilities, to comply with federal
653 requirements, or to obtain technical assistance, and must
654 incorporate members of local workforce development boards into
655 its structure.
656 J_gJ_-H:+ Each member of the state board of directors who is
657 not otherwise required to file a financial disclosure under
658 pursuant to s. 8, Art. II of the State Constitution ors.
659 112.3144 must file disclosure of financial interests under
660 pursuant to s. 112.3145.
661 (5) The state board has CareerSource Florida, Inc., shall
662 B-a¥e all the powers and authority not explicitly prohibited by
663 statute which are necessary or convenient to carry out and
664 effectuate its purposes as determined by statute, Pub. L. No.
665 113-128, and the Governor, as well as its functions, duties, and
666 responsibilities, including, but not limited to, the following:
667 (a) Serving as the state's workforce development board
668 pursuant to Pub. L. No. 113-128. Unless otherwise required by
669 federal law, at least 90 percent of workforce development
670 funding must go toward direct customer service.
671 (b) Providing oversight and policy direction to ensure
672 that the following programs are administered by the department
673 consistent in compliance with approved plans and under contract
674 with CareerSource Florida, Inc.:
675 1. Programs authorized under Title I of the Workforce
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676 Innovation and Opportunity Act, Pub. L. No. 113-128, with the
677 exception of programs funded directly by the United States
678 Department of Labor under Title I, s. 167.
679 2. Programs authorized under the Wagner-Peyser Act of
680 1933, as amended, 29 U.S.C. ss. 49 et seq.
681 3. Activities authorized under Title II of the Trade Act
682 of 2002, as amended, 19 U.S.C. ss. 2272 et seq., and the Trade
683 Adjustment Assistance Program.
684 4. Activities authorized under 38 U.S.C. chapter 41,
685 including job counseling, training, and placement for veterans.
686 5. Employment and training activities carried out under
687 funds awarded to this state by the United States Department of
688 Housing and Urban Development.
689 6. Welfare transition services funded by the Temporary
690 Assistance for Needy Families Program, created under the
691 Personal Responsibility and Work Opportunity Reconciliation Act
692 of 1996, as amended, Pub. L. No. 104-193, and Title IV, s. 403,
693 of the Social Security Act, as amended.
694 7. The Florida Bonding Program, provided under Pub. L. No.
695 97-300, s. 164 (a) (1).
696 8. The Food Assistance Employment and Training Program,
697 provided under the Food and Nutrition Act of 2008, 7 U.S.C. ss.
698 2011-2032; the Food Security Act of 1988, Pub. L. No. 99-198;
699 aREi the Hunger Prevention Act, Pub. L. No. 100-435; and the
700 Agriculture Improvement Act of 2018, Pub. L. No. 115-334.
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701 9. The Quick-Response Training Program, provided under ss.
702 288.046-288.047. Matching funds and in-kind contributions that
703 are provided by clients of the Quick-Response Training Program
704 shall count toward the requirements of s. 288.904, pertaining to
705 the return on investment from activities of Enterprise Florida,
706 Inc.
707 10. The Work Opportunity Tax Credit, provided under the
708 Tax and Trade Relief Extension Act of 1998, Pub. L. No. 105-277,
709 and the Taxpayer Relief Act of 1997, Pub. L. No. 105-34.
710 11. Offender placement services, provided under ss.
711 944.707-944.708.
712
713 The department may adopt rules necessary to administer this
714 chapter which relate to implementing and administering the
715 programs listed in this paragraph as well as rules related to
716 eligible training providers and auditing and monitoring
717 subrecipients of the workforce system grant funds.
718 (c) The department may adopt rules necessary to administer
719 this chapter which relate to implementing and administering the
720 programs listed in paragraph (b) as well as rules related to
721 eligible training providers and auditing and monitoring
722 subrecipients of the workforce system grant funds.
723 (c)-f-at Contracting with public and private entities as
724 necessary to further the directives of this section. All
725 contracts executed by the state board or CareerSource Florida,
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726 Inc., must include specific performance expectations and
727 deliverables. All CareerSource Florida, Inc., contracts,
728 including those solicited, managed, or paid by the department
729 under pursuant to s. 20.60(5) (c)L are exempt from s. 112.061,
730 but shall be governed by subsection (1).
731 ls!l_+et Notifying the Governor and the department of
732 statewide or local workforce development and training needs that
733 may require policy changes or an update to the state plan
734 required under s. 445.003, and notifying the Governor, the
735 President of the Senate, and the Speaker of the House of
736 Representatives of noncompliance by the department or other
737 agencies or obstruction of the state board's efforts by such
738 agencies. Upon such notification, the Executive Office of the
739 Governor shall assist agencies to bring them into compliance
740 with state board objectives.
741 ~-ff+ Ensuring that the state does not waste valuable
742 training resources. The state board's policy is board shall
743 direct that all resources, including equipment purchased for
744 training Workforce Innovation and Opportunity Act clients, be
745 available for use at all times by eligible populations as first
746 priority users. At times when eligible populations are not
747 available, such resources shall be used for any other state-
748 authorized education and training purpose. The state board
749 CareerSource Florida, Inc., may authorize expenditures to award
750 suitable framed certificates, pins, or other tokens of
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751 recognition for performance by a local workforce development
752 board, its committees and subdivisions, and other units of the
753 workforce system. The state board CareerSource Florida, Inc.,
754 may also authorize expenditures for promotional items, such as
755 t-shirts, hats, or pens printed with messages promoting the
756 state's workforce system to employers, job seekers, and program
757 participants. However, such expenditures are subject to federal
758 regulations applicable to the expenditure of federal funds.
759 J..!l.~ Establishing a dispute resolution process for all
7 60 memoranda of understanding or other contracts or agreements
761 entered into between the department and local workforce
762 development boards.
763 l__gl-ffl-t Archiving records with the Bureau of Archives and
764 Records Management of the Division of Library and Information
765 Services of the Department of State.
766 (6) The state board CareerSource Florida, Inc., may take
7 67 action that it deems necessary to achieve the purposes of this
768 section, including, but not limited to:
769 (a) Creating a state employment, education, and training
770 policy that ensures that programs to prepare workers are
771 responsive to present and future business and industry needs and
772 complement the initiatives of Enterprise Florida, Inc.
773 (b) Establishing policy direction for a funding system
774 that provides incentives to improve the outcomes of career
775 education, registered apprenticeship, and work-based learning
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776 programs and that focuses resources on occupations related to
777 new or emerging industries that add greatly to the value of the
778 state's economy.
779 (c) Establishing a comprehensive policy related to the
780 education and training of target populations such as those who
781 have disabilities, are economically disadvantaged, receive
782 public assistance, are not proficient in English, or are
783 dislocated workers. This approach should ensure the effective
784 use of federal, state, local, and private resources in reducing
785 the need for public assistance.
786 (d) Designating Institutes of Applied Technology composed
787 of public and private postsecondary institutions working
788 together with business and industry to ensure that career
789 education programs use the most advanced technology and
790 instructional methods available and respond to the changing
791 needs of business and industry.
7 92 (e) Providing policy direction for a system to project and
793 evaluate labor market supply and demand using the results of the
7 94 Workforce Estimating Conference created ins. 216.136 and the
795 career education performance standards identified under s.
796 1008.43.
797 (f) Reviewing the performance of public programs that are
798 responsible for economic development, education, employment, and
799 training. The review must include an analysis of the return on
800 investment of these programs.
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801 (g) Expanding the occupations identified by the Workforce
802 Estimating Conference to meet needs created by local emergencies
803 or plant closings or to capture occupations within emerging
804 industries.
805 (7) By December 1 of each year, the state board
806 CareerSource Florida, Inc., shall submit to the Governor, the
807 President of the Senate, the Speaker of the House of
808 Representatives, the Senate Minority Leader, and the House
809 Minority Leader a complete and detailed annual report setting
810 forth:
811 (a) All audits, including any audit conducted under
812 subsection (8).
813 (b) The operations and accomplishments of the state board,
814 including the programs or entities specified in subsection (6).
815 ( 8) Pursuant to his or her own authority or at the
816 direction of the Legislative Auditing Committee, the Auditor
817 General may conduct an audit of the state board and CareerSource
818 Florida, Inc., or the programs or entities created by the state
819 board CareerSource Florida, Inc. The Office of Program Policy
820 Analysis and Government Accountability, pursuant to its
821 authority or at the direction of the Legislative Auditing
822 Committee, may review the systems and controls related to
823 performance outcomes and quality of services of the state board
824 and CareerSource Florida, Inc.
825 (9) The state board CareerSource Florida, Inc., in
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826 collaboration with the local workforce development boards and
827 appropriate state agencies and local public and private service
828 providers, shall establish uniform performance accountability
829 measures that apply across the core programs to gauge the
830 performance of the state and local workforce development boards
831 in achieving the workforce development strategy.
832 (a) The performance accountability measures for the core
833 programs consist of the primary indicators of performance, any
834 additional indicators of performance, and a state-adjusted level
835 of performance for each indicator pursuant to Pub. L. No. 113-
836 128, Title I, s. 116(b).
837 (b) The performance accountability measures for each local
838 area consist of the primary indicators of performance, any
839 additional indicators of performance, and a local level of
840 performance for each indicator pursuant to Pub. L. No. 113-128.
841 The local level of performance is determined by the local board,
842 the chief elected official, and the Governor pursuant to Pub. L.
843 No. 113-128, Title I, s. 116(c).
844 (c) Performance accountability measures shall be used to
845 generate performance reports pursuant to Pub. L. No. 113-128,
846 Title I, s. 116(d).
847 (d) The performance accountability measures of success
848 that are adopted by the state board CareerSource Florida, Inc.,
849 or the local workforce development boards must be developed in a
850 manner that provides for an equitable comparison of the relative
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851 success or failure of any service provider in terms of positive
852 outcomes.
853 (10) The workforce development strategy for the state
854 shall be designed by the state board, in consultation with the
855 department, and approved by the Governor CareerSource Florida,
856 ±fie. The strategy must include efforts that enlist business,
857 education, and community support for students to achieve long-
858 term career goals, ensuring that young people have the academic
859 and occupational skills required to succeed in the workplace.
8 60 The strategy must also assist employers in upgrading or updating
861 the skills of their employees and assisting workers to acquire
8 62 the education or training needed to secure a better job with
863 better wages. The strategy must assist the state's efforts to
864 attract and expand job-creating businesses offering high-paying,
865 high-demand occupations.
866 (11) The workforce development system must encourage use a
867 charter process approach aimed at encouraging local design and
868 control of service delivery and targeted activities. The state
869 board, in consultation with the department CareerSource Florida,
870 ±fl€-., is shall be responsible for ensuring that granting
871 charters to local workforce development boards -t-fia-t- have a
872 membership consistent with the requirements of federal and state
873 law and have developed a plan consistent with the state's
874 workforce development strategy. The plan must specify methods
875 for allocating the resources and programs in a manner that
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876 eliminates unwarranted duplication, minimizes administrative
877 costs, meets the existing job market demands and the job market
878 demands resulting from successful economic development
879 activities, ensures access to quality workforce development
880 services for all Floridians, allows for pro rata or partial
881 distribution of benefits and services, prohibits the creation of
882 a waiting list or other indication of an unserved population,
883 serves as many individuals as possible within available
884 resources, and maximizes successful outcomes. The state board As-
885 part of the charter process, CareerSource Florida, Inc., shall
886 establish incentives for effective coordination of federal and
887 state programs, outline rewards for successful job placements,
888 and institute collaborative approaches among local service
889 providers. Local decisionmaking and control shall be important
890 components for inclusion in this charter application.
891 (12) CareerSource Florida, Inc., under the direction of
8 92 the state board, shall enter into agreement with Space Florida
893 and collaborate with vocational institutes, community colleges,
894 colleges, and universities in this state to develop a workforce
895 development strategy to implement the workforce provisions of s.
896 331. 3051.
897 (13) The department may consult with the state board to
8 98 issue technical assistance letters on the operation of federal
899 programs and the expenditure of federal funds by the state board
900 or any local workforce development board. A technical assistance
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901 letter must be in writing, must be posted on the department's
902 website, and remains in effect until superseded or terminated. A
903 technical assistance letter is not a rule of general
904 applicability under s. 120.54 and is not a declaratory statement
905 issued under s. 120.565 or an order issued under s. 120.569.
906 Section 120.53 does not apply to technical assistance letters.
907 Section 6. Section 445.006, Florida Statutes, is amended
908 to read:
909 445.006 State plan for workforce development.-
910 (1) STATE PLAN.-The state board CareerSource Florida,
911 ±fi€-.-, in conjunction with state and local partners in the
912 workforce system, shall develop a state plan that produces an
913 educated and skilled workforce. The state plan must consist of
914 strategic and operational planning elements. The state plan
915 shall be submitted by the Governor to the United States
916 Department of Labor pursuant to the requirements of Pub. L. No.
917 113-128.
918 (2) STRATEGIC PLANNING ELEMENTS.-The state board
919 CareerSource Florida, Inc., in conjunction with state and local
920 partners in the workforce system, shall develop strategic
921 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
922 102, for the state plan.
923 (a) The strategic planning elements of the state plan must
924 include, but need not be limited to, strategies for:
925 1. Fulfilling the workforce system goals and strategies
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926 prescribed ins. 445.004;
927 2. Aggregating, integrating, and leveraging workforce
928 system resources;
929 3. Coordinating the activities of federal, state, and
930 local workforce system partners;
931 4. Addressing the workforce needs of small businesses; and
932 5. Fostering the participation of rural communities and
933 distressed urban cores in the workforce system.
934 (b) The strategic planning elements must include criteria
935 for allocating workforce resources to local workforce
936 development boards. With respect to allocating funds to serve
937 customers of the welfare transition program, such criteria may
938 include weighting factors that indicate the relative degree of
939 difficulty associated with securing and retaining employment
940 placements for specific subsets of the welfare transition
941 caseload.
942 (3) OPERATIONAL PLANNING ELEMENTS.-The state board
943 CareerSource Florida, Inc., in conjunction with state and local
944 partners in the workforce system, shall develop operational
945 planning elements, pursuant to Pub. L. No. 113-128, Title I, s.
946 102, for the state plan.
947 Section 7. Subsection (1), paragraph (b) of subsection
948 (2), and subsections (3) through (7) and (9) through (13) of
949 section 445.007, Florida Statutes, are amended, and paragraph
950 (c) is added to subsection (2) of that section, to read:
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951 445.007 Local workforce development boards.-
952 (1) One local workforce development board shall be
953 appointed in each designated service delivery area and shall
954 serve as the local workforce development board pursuant to Pub.
955 L. No. 113-128. The membership of the local board must be
956 consistent with Pub. L. No. 113-128, Title I, s. 107(b). If a
957 public education or training provider is represented on the
958 local board, a representative of a private education provider
959 must also be appointed to the local board. The state board
960 CareerSource Florida, Inc., may waive this requirement if
961 requested by a local workforce development board if it is
962 demonstrated that such representatives do not exist in the
963 region. The importance of minority and gender representation
964 shall be considered when making appointments to the local board.
965 The local board, its committees, subcommittees, and
966 subdivisions, and other units of the workforce system, including
967 units that may consist in whole or in part of local governmental
968 units, may use any method of telecommunications to conduct
969 meetings, including establishing a quorum through
970 telecommunications, provided that the public is given proper
971 notice of the telecommunications meeting and reasonable access
972 to observe and, when appropriate, participate. Local workforce
973 development boards are subject to chapters 119 and 286 ands.
974 24, Art. I of the State Constitution. If the local workforce
975 development board enters into a contract with an organization or
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976 individual represented on the local board of directors, the
977 contract must be approved by a two-thirds vote of the local
978 board, a quorum having been established, and the local board
979 member who could benefit financially from the transaction must
980 abstain from voting on the contract. A local board member must
981 disclose any such conflict in a manner that is consistent with
982 the procedures outlined ins. 112.3143. Each member of a local
983 workforce development board who is not otherwise required to
984 file a full and public disclosure of financial interests under
985 pursuant to s. 8, Art. II of the State Constitution ors.
986 112.3144 shall file a statement of financial interests under
987 pursuant to s. 112.3145. The executive director or designated
988 person responsible for the operational and administrative
989 functions of the local workforce development board who is not
990 otherwise required to file a full and public disclosure of
991 financial interests under pursuant to s. 8, Art. II of the State
992 Constitution ors. 112.3144 shall file a statement of financial
993 interests under pursuant to s. 112.3145.
994 (2)
995 (b) The Governor may remove a member of the local board,
996 the executive director of the local board, or the designated
997 person responsible for the operational and administrative
998 functions of the local board for cause. As used in this
999 paragraph, the term "cause" includes, but is not limited to,
1000 engaging in fraud or other criminal acts, incapacity, unfitness,
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1001 neglect of duty, official incompetence and irresponsibility,
1002 misfeasance, malfeasance, nonfeasance, or lack of performance.
1003 (c) The chief elected official for the local workforce
1004 development board may remove a member of the local board, the
1005 executive director of the local board, or the designated person
1006 responsible for the operational and administrative functions of
1007 the local board for cause.
1008 (3) The department of Economic Opportunity, under the
1009 direction of CareerSource Florida, Inc., shall assign staff to
1010 meet with each local workforce development board annually to
1011 review the local board's performance and to certify that the
1012 local board is in compliance with applicable state and federal
1013 law.
1014 ( 4) In addition to the duties and functions specified by
1015 the state board CareerSource Florida, Inc., and by the
1016 interlocal agreement approved by the local county or city
1017 governing bodies, the local workforce development board shall
1018 have the following responsibilities:
1019 (a) Develop, submit, ratify, or amend the local plan
1020 pursuant to Pub. L. No. 113-128, Title I, s. 108 and this act.
1021 (b) Conclude agreements necessary to designate the fiscal
1022 agent and administrative entity. A public or private entity,
1023 including an entity established under pursuant to s. 163.01,
1024 which makes a majority of the appointments to a local workforce
1025 development board may serve as the local board's administrative
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1026 entity if approved by the department CareerSource Florida, Inc.,
1027 based upon a showing that a fair and competitive process was
1028 used to select the administrative entity.
1029 (c) Complete assurances required for the charter process
1030 of CareerSource Florida, Inc., and Provide ongoing oversight
1031 related to administrative costs, duplicated services, career
1032 counseling, economic development, equal access, compliance and
1033 accountability, and performance outcomes.
1034 (d) Oversee the one-stop delivery system in its local
1035 area.
1036 (5) The department, in conjunction with the state board
1037 CareerSource Florida, Inc., shall implement a training program
1038 for the local workforce development boards to familiarize local
1039 board members with the state's workforce development goals and
1040 strategies.
1041 (6) The local workforce development board shall designate
1042 all local service providers and may not transfer this authority
1043 to a third party. Consistent with the intent of the Workforce
1044 Innovation and Opportunity Act, local workforce development
1045 boards should provide the greatest possible choice of training
1046 providers to those who qualify for training services. A local
1047 workforce development board may not restrict the choice of
1048 training providers based upon cost, location, or historical
1049 training arrangements. However, a local board may restrict the
1050 amount of training resources available to any one client. Such
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1051 restrictions may vary based upon the cost of training in the
1052 client's chosen occupational area. The local workforce
1053 development board may be designated as a one-stop operator and
1054 direct provider of intake, assessment, eligibility
1055 determinations, or other direct provider services except
1056 training services. Such designation may occur only with the
1057 agreement of the chief elected official and the Governor as
1058 specified in 29 U.S.C. s. 2832 (f) (2). The state board
1059 CareerSource Florida, Inc., shall establish procedures by which
1060 a local workforce development board may request permission to
1061 operate under this section and the criteria under which such
1062 permission may be granted. The criteria shall include, but need
1063 not be limited to, a reduction in the cost of providing the
1064 permitted services. Such permission shall be granted for a
1065 period not to exceed 3 years for any single request submitted by
1066 the local workforce development board.
1067 (7) Local workforce development boards shall adopt a
1068 committee structure consistent with applicable federal law and
1069 state policies established by the state board CareerSource
1070 Florida, Inc.
1071 ( 9) For purposes of procurement, local workforce
1072 development boards and their administrative entities are not
1073 state agencies and are exempt from chapters 120 and 287. The
1074 local workforce development boards shall apply the procurement
1075 and expenditure procedures required by federal law and policies
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1076 of the department of Economic Opportunity and the state board
1077 CareerSource Florida, Inc., for the expenditure of federal,
1078 state, and nonpass-through funds. The making or approval of
1079 smaller, multiple payments for a single purchase with the intent
1080 to avoid or evade the monetary thresholds and procedures
1081 established by federal law and policies of the department e-.f.
1082 Economic Opportunity and the state board CareerSource Florida,
1083 Inc., is grounds for removal for cause. Local workforce
1084 development boards, their administrative entities, committees,
1085 and subcommittees, and other workforce units may authorize
1086 expenditures to award suitable framed certificates, pins, or
1087 other tokens of recognition for performance by units of the
1088 workforce system. Local workforce development boards; their
1089 administrative entities, committees, and subcommittees; and
1090 other workforce units may authorize expenditures for promotional
1091 items, such as t-shirts, hats, or pens printed with messages
1092 promoting Florida's workforce system to employers, job seekers,
1093 and program participants. However, such expenditures are subject
1094 to federal regulations applicable to the expenditure of federal
1095 funds. All contracts executed by local workforce development
1096 boards must include specific performance expectations and
1097 deliverables.
1098 (10) State and federal funds provided to the local
1099 workforce development boards may not be used directly or
1100 indirectly to pay for meals, food, or beverages for board
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1101 members, staff, or employees of local workforce development
1102 boards, the state board CareerSource Florida, Inc., or the
1103 department of Economic Opportunity except as expressly
1104 authorized by state law. Preapproved, reasonable, and necessary
1105 per diem allowances and travel expenses may be reimbursed. Such
1106 reimbursement shall be at the standard travel reimbursement
1107 rates established ins. 112.061 and shall be in compliance with
1108 all applicable federal and state requirements. The department
1109 shall provide fiscal and programmatic guidance CareerSource
1110 Florida, Inc., shall develop a statewide fiscal policy
1111 applicable to the state board, CareerSource Florida, Inc., and
1112 all local workforce development boards 7 to hold both the state
1113 and local workforce development boards strictly accountable for
1114 adherence to the policy and subject to regular and periodic
1115 monitoring by the department of Economic Opportunity, the
1116 administrative entity for CareerSource Florida, Inc. Local
1117 boards are prohibited from expending state or federal funds for
1118 entertainment costs and recreational activities for local board
1119 members and employees as these terms are defined by 2 C.F.R.
1120 part 200 -&3-G-.
1121 (11) To increase transparency and accountability, a local
1122 workforce development board must comply with the requirements of
1123 this section before contracting with a member of the local board
1124 or a relative, as defined ins. 112.3143(1) (c), of a local board
1125 member or of an employee of the local board. Such contracts may
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1126 not be executed before or without the prior approval of the
1127 department CareerSource Florida, Inc. Such contracts, as well as
1128 documentation demonstrating adherence to this section as
1129 specified by the department CareerSource Florida, Inc., must be
1130 submitted to the department of 8conomic Opportunity for review
1131 and approval recommendation according to criteria to be
1132 determined by CareerSource Florida, Inc. Such a contract must be
1133 approved by a two-thirds vote of the local board, a quorum
1134 having been established; all conflicts of interest must be
1135 disclosed before the vote; and any member who may benefit from
1136 the contract, or whose relative may benefit from the contract,
1137 must abstain from the vote. A contract under $25,000 between a
1138 local workforce development board and a member of that board or
1139 between a relative, as defined ins. 112.3143(1) (c), of a local
1140 board member or of an employee of the local board is not
1141 required to have the prior approval of the department
1142 CareerSource Florida, Inc., but must be approved by a two-thirds
1143 vote of the local board, a quorum having been established, and
1144 must be reported to the department of 8conomic Opportunity and
1145 the state board CareerSource Florida, Inc., within 30 days after
1146 approval. If a contract cannot be approved by the department
1147 CareerSource Florida, Inc., a review of the decision to
1148 disapprove the contract may be requested by the local workforce
1149 development board or other parties to the disapproved contract.
1150 (12) Each local workforce development board shall develop
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1151 a budget for the purpose of carrying out the duties of the local
1152 board under this section, subject to the approval of the chief
1153 elected official. Each local workforce development board shall
1154 submit its annual budget for review to the department
1155 CareerSource Florida, Inc., no later than 2 weeks after the
1156 chair approves the budget.
1157 (13) By March 1, 2018, CareerSource Florida, Inc., shall
1158 establish regional planning areas in accordance with Pub. L. No.
1159 113 128, Title I, s. 106(a) (2). Local workforce development
1160 boards and chief elected officials within identified regional
1161 planning areas shall prepare a regional worlcforce development
1162 plan as required under Pub. L. No. 113 128, Title I, s.
1163 106(c) (2).
1164 Section 8. Subsections (1) and (4) of section 445.0071,
1165 Florida Statutes, are amended to read:
1166 445.0071 Florida Youth Summer Jobs Pilot Program.-
1167 (1) CREATION.-Contingent upon appropriations, there is
1168 created the Florida Youth Summer Jobs Pilot Program within
1169 workforce development district 22 served by the Broward
1170 Workforce Development Board. The board shall, in consultation
1171 with the state board CareerSource Florida, Inc., provide a
1172 program offering at-risk and disadvantaged children summer jobs
1173 in partnership with local communities and public employers.
1174 (4) GOVERNANCE.-
1175 (a) The pilot program shall be administered by the local
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1176 workforce development board in consultation with the state board
1177 CareerSource Florida, Inc.
1178 (b) The local workforce development board shall report to
1179 the state board and the department CareerSource Florida, Inc.,
1180 the number of at-risk and disadvantaged children who enter the
1181 program, the types of work activities they participate in, and
1182 the number of children who return to school, go on to
1183 postsecondary school, or enter the workforce full time at the
1184 end of the program. The state board CareerSouree Florida, Inc.,
1185 shall report to the Legislature by November 1 of each year on
1186 the performance of the program.
1187 Section 9. Subsections (1) and (2) of section 445.008,
1188 Florida Statutes, are amended to read:
1189 445.008 Workforce Training Institute.-
1190 (1) The state board, through CareerSource Florida, Inc.,
1191 may create the Workforce Training Institute, which shall be a
1192 comprehensive program of workforce training courses designed to
1193 meet the unique needs of, and shall include Internet-based
1194 training modules suitable for and made available to,
1195 professionals integral to the workforce system, including
1196 advisors and counselors in educational institutions.
1197 (2) The state board, through CareerSource Florida, Inc.,
1198 may enter into a contract for the provision of administrative
1199 support services for the institute and shall adopt policies for
1200 the administration and operation of the institute and establish
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1201 admission fees in an amount which, in the aggregate, does not
1202 exceed the cost of the program. CareerSource Florida, Inc., may
1203 accept donations or grants of any type for any function or
1204 purpose of the institute. All donations and grants received by
1205 CareerSource Florida, Inc., must be reported to the state board
1206 and the department.
1207 Section 10. Subsections (2), (3), and (4), paragraph (b)
1208 of subsection (6), subsection (7), paragraphs (a), (c), and (d)
1209 of subsection (8), and subsection (9) of section 445.009,
1210 Florida Statutes, are amended to read:
1211 445.009 One-stop delivery system.-
1212 (2) (a) Subject to a process designed by the state board
1213 CareerSource Florida, Inc., and in compliance with Pub. L. No.
1214 113-128, local workforce development boards shall designate one-
1215 stop delivery system operators.
1216 (b) A local workforce development board may designate as
1217 its one-stop delivery system operator any public or private
1218 entity that is eligible to provide services under any state or
1219 federal workforce program that is a mandatory or discretionary
1220 partner in the local workforce development area's one-stop
1221 delivery system if approved by the department CareerSource
1222 Florida, Inc., upon a showing by the local workforce development
1223 board that a fair and competitive process was used in the
1224 selection. As a condition of authorizing a local workforce
1225 development board to designate such an entity as its one-stop
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1226 delivery system operator, the department CareerSource Florida,
1227 Inc., must require the local workforce development board to
1228 demonstrate that safeguards are in place to ensure that the one-
1229 stop delivery system operator will not exercise an unfair
1230 competitive advantage or unfairly refer or direct customers of
1231 the one-stop delivery system to services provided by that one-
1232 stop delivery system operator. A local workforce development
1233 board may retain its current one-stop career center operator
1234 without further procurement action if the local board has an
1235 established one-stop career center that has complied with
1236 federal and state law.
1237 (c) The local workforce development board must enter into
1238 a memorandum of understanding with each mandatory or optional
1239 partner participating in the one-stop delivery system which
1240 details the partner's required contribution to infrastructure
1241 costs, as required by Pub. L. No. 113-128, s. 12l(h). If the
1242 local worlcforce development board and the one stop partner are
1243 unable to come to an agreement regarding infrastructure costs by
1244 July 1, 2017, the costs shall be allocated pursuant to a policy
1245 established by the Governor.
1246 (3) Local workforce development boards shall enter into a
1247 memorandum of understanding with the department of Economic
1248 Opportunity for the delivery of employment services authorized
1249 by the federal Wagner-Peyser Act. This memorandum of
1250 understanding must be performance based.
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1251 (a) Unless otherwise required by federal law, at least 90
1252 percent of the Wagner-Peyser funding must go into direct
1253 customer service costs.
1254 (b) Employment services must be provided through the one-
1255 stop delivery system, under the guidance of one-stop delivery
1256 system operators. One-stop delivery system operators shall have
1257 overall authority for directing the staff of the workforce
1258 system. Personnel matters shall remain under the ultimate
1259 authority of the department. However, the one-stop delivery
1260 system operator shall submit to the department information
1261 concerning the job performance of employees of the department
1262 who deliver employment services. The department shall consider
1263 any such information submitted by the one-stop delivery system
1264 operator in conducting performance appraisals of the employees.
1265 (c) The department shall retain fiscal responsibility and
1266 accountability for the administration of funds allocated to the
1267 state under the Wagner-Peyser Act. An employee of the department
1268 who is providing services authorized under the Wagner-Peyser Act
1269 shall be paid using Wagner-Peyser Act funds.
1270 (4) One-stop delivery system partners shall enter into a
1271 memorandum of understanding pursuant to Pub. L. No. 113-128,
1272 Title I, s. 121, with the local workforce development board.
1273 Failure of a local partner to participate cannot unilaterally
1274 block the majority of partners from moving forward with their
1275 one-stop delivery system, and the state board, in conjunction
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1276 with the department, may notify the Governor CareerSource
1277 Florida, Inc., pursuant to s. 445. 004 (5) (e), may make
1278 notification of a local partner that fails to participate.
1279 ( 6)
1280 (b) To expand electronic capabilities, the state board and
1281 the department CareerSource Florida, Inc., working with local
1282 workforce development boards, shall develop a centralized help
1283 center to assist local workforce development boards in
1284 fulfilling core services, minimizing the need for fixed-site
1285 one-stop delivery system centers.
1286 (7) Intensive services and training provided pursuant to
1287 Pub. L. No. 113-128 shall be provided to individuals through
1288 Intensive Service Accounts and Individual Training Accounts. The
1289 state board CareerSource Florida, Inc., shall develop an
1290 implementation plan, including identification of initially
1291 eligible training providers, transition guidelines, and criteria
1292 for use of these accounts. Individual Training Accounts must be
1293 compatible with Individual Development Accounts for education
1294 allowed in federal and state welfare reform statutes.
1295 ( 8) ( a) Individual Training Accounts must be expended on
1296 programs that prepare people to enter high-wage occupations
1297 identified by the Workforce Estimating Conference created bys.
1298 216.136, and on other programs recommended by the state board
1299 and approved by the department as approved by CareerSource
1300 Florida, Inc.
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1301 (c) The department CareerSource Florida, Inc., shall
1302 periodically review Individual Training Account pricing
1303 schedules developed by local workforce development boards and
1304 present findings and recommendations for process improvement to
1305 the President of the Senate and the Speaker of the House of
1306 Representatives.
1307 (d) To the maximum extent possible, training providers
1308 shall use funding sources other than the funding provided under
1309 Pub. L. No. 113-128. The state board CareerSource Florida, Inc.,
1310 shall develop a system to encourage the leveraging of
1311 appropriated resources for the workforce system and shall report
1312 on such efforts as part of the required annual report.
1313 (9) (a) The state board CareerSource Florida, Inc., working
1314 with the department, shall coordinate among the agencies a plan
1315 for a One-Stop Electronic Network made up of one-stop delivery
1316 system centers and other partner agencies that are operated by
1317 authorized public or private for-profit or not-for-profit
1318 agents. The plan shall identify resources within existing
1319 revenues to establish and support this electronic network for
1320 service delivery that includes Government Services Direct. If
1321 necessary, the plan shall identify additional funding needed to
1322 achieve the provisions of this subsection.
1323 (b) The network shall assure that a uniform method is used
1324 to determine eligibility for and management of services provided
1325 by agencies that conduct workforce development activities. The
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1326 Department of Management Services shall develop strategies to
1327 allow access to the databases and information management systems
1328 of the following systems in order to link information in those
1329 databases with the one-stop delivery system:
1330 1. The Reemployment Assistance Program under chapter 443.
1331 2. The public employment service described ins. 443.181.
1332 3. The public assistance information system used by the
1333 Department of Children and Families and the components related
1334 to temporary cash assistance, food assistance, and Medicaid
1335 eligibility.
1336 4. The Student Financial Assistance System of the
1337 Department of Education.
1338 5. Enrollment in the public postsecondary education
1339 system.
1340 6. Other information systems determined appropriate by the
1341 state board, in consultation with the department CareerSource
1342 Florida, Inc.
1343 Section 11. Section 445.011, Florida Statutes, is amended
1344 to read:
1345 445.011 Workforce information systems.-
1346 (1) The department, in consultation with the state board
1347 CareerSource Florida, Inc., shall implement, subject to
1348 legislative appropriation, automated information systems that
1349 are necessary for the efficient and effective operation and
1350 management of the workforce development system. These
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1351 information systems shall include, but need not be limited to,
1352 the following:
1353 (a) An integrated management system for the one-stop
1354 service delivery system, which includes, at a minimum, common
1355 registration and intake, screening for needs and benefits, case
1356 planning and tracking, training benefits management, service and
1357 training provider management, performance reporting, executive
1358 information and reporting, and customer-satisfaction tracking
1359 and reporting.
1360 1. The system should report current budgeting,
1361 expenditure, and performance information for assessing
1362 performance related to outcomes, service delivery, and financial
1363 administration for workforce programs pursuant to s. 445.004(5)
1364 and (9).
1365 2. The information system should include auditable systems
1366 and controls to ensure financial integrity and valid and
1367 reliable performance information.
1368 3. The system should support service integration and case
1369 management by providing for case tracking for participants in
1370 welfare transition programs.
1371 (b) An automated job-matching information system that is
1372 accessible to employers, job seekers, and other users via the
1373 Internet, and that includes, at a minimum:
1374 1. Skill match information, including skill gap analysis;
1375 resume creation; job order creation; skill tests; job search by
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1376 area, employer type, and employer name; and training provider
1377 linkage;
1378 2. Job market information based on surveys, including
1379 local, state, regional, national, and international occupational
1380 and job availability information; and
1381 3. Service provider information, including education and
1382 training providers, child care facilities and related
1383 information, health and social service agencies, and other
1384 providers of services that would be useful to job seekers.
1385 (2) The department In procuring workforce information
1386 systems, CareerSource Florida, Inc., shall employ competitive
1387 processes, including requests for proposals, competitive
1388 negotiation, and other competitive processes to ensure that the
1389 procurement results in the most cost effective investment of
1390 state funds.
1391 (3) CareerSource Florida, Inc., may procure independent
1392 verification and validation services associated with developing
1393 and implementing any workforce information system.
1394 (3)-f-4-+- The department CareerSource Florida, Inc., shall
1395 coordinate development and implementation of workforce
1396 information systems with the state chief information officer to
1397 ensure compatibility with the state's information system
1398 strategy and enterprise architecture.
1399 Section 12. Subsections (1) and (3) of section 445.014,
1400 Florida Statutes, are amended to read:
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1401 445.014 Small business workforce service initiative.-
1402 (1) Subject to legislative appropriation, the state board
1403 CareerSource Florida, Inc., shall establish a program to
1404 encourage local workforce development boards to establish one-
1405 stop delivery systems that maximize the provision of workforce
1406 and human-resource support services to small businesses. Under
1407 the program, a local workforce development board may apply, on a
1408 competitive basis, for funds to support the provision of such
1409 services to small businesses through the local workforce
1410 development area's one-stop delivery system.
1411 (3) The state board CareerSource Florida, Inc., shall
1412 establish guidelines governing the administration of this
1413 program and shall establish criteria to be used in evaluating
1414 applications for funding. Such criteria must include, but need
1415 not be limited to, a showing that the local workforce
1416 development board has in place a detailed plan for establishing
1417 a one-stop delivery system designed to meet the workforce needs
1418 of small businesses and for leveraging other funding sources in
1419 support of such activities.
1420 Section 13. Paragraphs (b) , ( c) , and ( d) of subsection ( 2)
1421 and subsection (4) of section 445.021, Florida Statutes, are
1422 amended to read:
1423 445.021 Relocation assistance program.-
1424 (2) The relocation assistance program shall involve five
1425 steps by the local workforce development board, in cooperation
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1426 with the Department of Children and Families:
1427 (b) A determination that there is a basis for believing
1428 that relocation will contribute to the ability of the applicant
1429 to achieve self-sufficiency. For example, the applicant:
1430 1. Is unlikely to achieve economic self-sufficiency at the
1431 current community of residence;
1432 2. Has secured a job that provides an increased salary or
1433 improved benefits and that requires relocation to another
1434 community;
1435 3. Has a family support network that will contribute to
1436 job retention in another community;
1437 4. Is determined, pursuant to criteria or procedures
1438 established by the state board of directors of CareerSource
1439 Florida, Inc., to be a victim of domestic violence who would
1440 experience reduced probability of further incidents through
1441 relocation; or
1442 5. Must relocate in order to receive education or training
1443 that is directly related to the applicant's employment or career
1444 advancement.
1445 (c) Establishment of a relocation plan that includes such
1446 requirements as are necessary to prevent abuse of the benefit
1447 and provisions to protect the safety of victims of domestic
1448 violence and avoid provisions that place them in anticipated
1449 danger. The payment to defray relocation expenses shall be
1450 determined based on criteria approved by the state board e-f.
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1451 directors of CareerSource Florida, Inc. Participants in the
1452 relocation program shall be eligible for diversion or
1453 transitional benefits.
1454 (d) A determination, pursuant to criteria adopted by the
1455 state board of directors of CareerSource Florida, Inc., that a
1456 community receiving a relocated family has the capacity to
1457 provide needed services and employment opportunities.
1458 (4) The state board of directors of CareerSource Florida,
1459 Inc., may establish criteria for developing and implementing
1460 relocation plans and for drafting agreements to restrict a
1461 family from applying for temporary cash assistance for a
1462 specified period after receiving a relocation assistance
1463 payment.
1464 Section 14. Section 445.022, Florida Statutes, is amended
1465 to read:
1466 445.022 Retention Incentive Training Accounts.-To promote
1467 job retention and to enable upward job advancement into higher
1468 skilled, higher paying employment, the state board of directors
1469 of CareerSource Florida, Inc., and the local workforce
1470 development boards may assemble a list of programs and courses
1471 offered by postsecondary educational institutions which may be
1472 available to participants who have become employed to promote
1473 job retention and advancement.
1474 (1) The state board of directors of CareerSource Florida,
1475 Inc., may establish Retention Incentive Training Accounts
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1476 (RITAs) to use Temporary Assistance to Needy Families (TANF)
1477 block grant funds specifically appropriated for this purpose.
1478 RITAs must complement the Individual Training Account required
14 7 9 by the federal Workforce Innovation and Opportunity Act, Pub. L.
1480 No. 113-128.
1481 (2) RITAs may pay for tuition, fees, educational
1482 materials, coaching and mentoring, performance incentives,
1483 transportation to and from courses, child care costs during
1484 education courses, and other such costs as the local workforce
1485 development boards determine are necessary to effect successful
1486 job retention and advancement.
1487 (3) Local workforce development boards shall retain only
1488 those courses that continue to meet their performance standards
1489 as established in their local plan.
1490 (4) Local workforce development boards shall report
1491 annually to the Legislature on the measurable retention and
1492 advancement success of each program provider and the
1493 effectiveness of RITAs, making recommendations for any needed
1494 changes or modifications.
1495 Section 15. Paragraph (e) of subsection (5) of section
1496 445.024, Florida Statutes, is amended to read:
1497 445.024 Work requirements.-
1498 (5) USE OF CONTRACTS.-Local workforce development boards
1499 shall provide work activities, training, and other services, as
1500 appropriate, through contracts. In contracting for work
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1501 activities, training, or services, the following applies:
1502 (e) The administrative costs associated with a contract
1503 for services provided under this section may not exceed the
1504 applicable administrative cost ceiling established in federal
1505 law. An agency or entity that is awarded a contract under this
1506 section may not charge more than 7 percent of the value of the
1507 contract for administration unless an exception is approved by
1508 the local workforce development board. A list of any exceptions
1509 approved must be submitted to the state board of directors of
1510 CareerSource Florida, Inc., for review, and the state board may
1511 rescind approval of the exception.
1512 Section 16. Subsection (6) of section 445.026, Florida
1513 Statutes, is amended to read:
1514 445.026 Cash assistance severance benefit.-An individual
1515 who meets the criteria listed in this section may choose to
1516 receive a lump-sum payment in lieu of ongoing cash assistance
1517 payments, provided the individual:
1518 ( 6) Signs an agreement not to apply for or accept cash
1519 assistance for 6 months after receipt of the one-time payment.
1520 In the event of an emergency, such agreement shall provide for
1521 an exception to this restriction, provided that the one-time
1522 payment shall be deducted from any cash assistance for which the
1523 family subsequently is approved. This deduction may be prorated
1524 over an 8-month period. The state board of directors of
1525 CareerSource Florida, Inc., shall adopt ,i•riteria defining the
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1526 conditions under which a family may receive cash assistance due
1527 to such emergency.
1528
1529 Such individual may choose to accept a one-time, lump-sum
1530 payment of $1,000 in lieu of receiving ongoing cash assistance.
1531 Such payment shall only count toward the time limitation for the
1532 month in which the payment is made in lieu of cash assistance. A
1533 participant choosing to accept such payment shall be terminated
1534 from cash assistance. However, eligibility for Medicaid, food
1535 assistance, or child care shall continue, subject to the
1536 eligibility requirements of those programs.
1537 Section 17. Section 445.028, Florida Statutes, is amended
1538 to read:
1539 445.028 Transitional benefits and services.-In cooperation
1540 with the department CareerSource Florida, Inc., the Department
1541 of Children and Families shall develop procedures to ensure that
1542 families leaving the temporary cash assistance program receive
1543 transitional benefits and services that will assist the family
1544 in moving toward self-sufficiency. At a minimum, such procedures
1545 must include, but are not limited to, the following:
1546 (1) Each recipient of cash assistance who is determined
1547 ineligible for cash assistance for a reason other than a work
1548 activity sanction shall be contacted by the workforce system
1549 case manager and provided information about the availability of
1550 transitional benefits and services. Such contact shall be
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1551 attempted prior to closure of the case management file.
1552 (2) Each recipient of temporary cash assistance who is
1553 determined ineligible for cash assistance due to noncompliance
1554 with the work activity requirements shall be contacted and
1555 provided information in accordance withs. 414.065(1).
1556 (3) The department, in consultation with the state board
1557 of directors of CareerSource Florida, Inc., shall develop
1558 informational material, including posters and brochures, to
1559 better inform families about the availability of transitional
1560 benefits and services.
1561 (4) The department CareerSource Florida, Inc., in
1562 cooperation with the Department of Children and Families~ shall,
1563 to the extent permitted by federal law, develop procedures to
1564 maximize the utilization of transitional Medicaid by families
1565 who leave the temporary cash assistance program.
1566 Section 18. Section 445.030, Florida Statutes, is amended
1567 to read:
1568 445.030 Transitional education and training.-In order to
1569 assist former recipients of temporary cash assistance who are
1570 working or actively seeking employment in continuing their
1571 training and upgrading their skills, education, or training,
1572 support services may be provided for up to 2 years after the
1573 family is no longer receiving temporary cash assistance. This
1574 section does not constitute an entitlement to transitional
1575 education and training. If funds are not sufficient to provide
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1576 services under this section, the state board of directors of
1577 CareerSource Florida, Inc., may limit or otherwise prioritize
1578 transitional education and training.
1579 (1) Education or training resources available in the
1580 community at no additional cost shall be used whenever possible.
1581 (2) Local workforce development boards may authorize child
1582 care or other support services in addition to services provided
1583 in conjunction with employment. For example, a participant who
1584 is employed full time may receive child care services related to
1585 that employment and may also receive additional child care
1586 services in conjunction with training to upgrade the
1587 participant's skills.
1588 (3) Transitional education or training must be job-
1589 related, but may include training to improve job skills in a
1590 participant's existing area of employment or may include
1591 training to prepare a participant for employment in another
1592 occupation.
1593 (4) A local workforce development board may enter into an
1594 agreement with an employer to share the costs relating to
1595 upgrading the skills of participants hired by the employer. For
1596 example, a local workforce development board may agree to
1597 provide support services such as transportation or a wage
1598 subsidy in conjunction with training opportunities provided by
1599 the employer.
1600 Section 19. Section 445.033, Florida Statutes, is amended
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1601 to read:
1602 445.033 Evaluation.-The state board of directors of
1603 CareerSource Florida, Inc., and the Department of Children and
1604 Families shall arrange for evaluation of TANF-funded programs
1605 operated under this chapter, as follows:
1606 (1) If required by federal waivers or other federal
1607 requirements, the state board of directors of CareerSource
1608 Florida, Inc., and the department may provide for evaluation
1609 according to these requirements.
1610 (2) The state board of directors of CareerSource Florida,
1611 Inc., and the department shall participate in the evaluation of
1612 this program in conjunction with evaluation of the state's
1613 workforce development programs or similar activities aimed at
1614 evaluating program outcomes, cost-effectiveness, or return on
1615 investment, and the impact of time limits, sanctions, and other
1616 welfare reform measures set out in this chapter. Evaluation
1617 shall also contain information on the number of participants in
1618 work experience assignments who obtain unsubsidized employment,
1619 including, but not limited to, the length of time the
1620 unsubsidized job is retained, wages, and the public benefits, if
1621 any, received by such families while in unsubsidized employment.
1622 The evaluation must solicit the input of consumers, community-
1623 based organizations, service providers, employers, and the
1624 general public, and must publicize, especially in low-income
1625 communities, the process for submitting comments.
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1626 (3) The state board of directors of CareerSource Florida,
1627 Inc., and the department may share information with and develop
1628 protocols for information exchange with the Florida Education
1629 and Training Placement Information Program.
1630 (4) The state board of directors of CareerSource Florida,
1631 Inc., and the department may initiate or participate in
1632 additional evaluation or assessment activities that will further
1633 the systematic study of issues related to program goals and
1634 outcomes.
1635 ( 5) In providing for evaluation activities, the state
1636 board of directors of CareerSource Florida, Inc., and the
1637 department shall safeguard the use or disclosure of information
1638 obtained from program participants consistent with federal or
1639 state requirements. Evaluation methodologies may be used which
1640 are appropriate for evaluation of program activities, including
1641 random assignment of recipients or participants into program
1642 groups or control groups. To the extent necessary or
1643 appropriate, evaluation data shall provide information with
1644 respect to the state, district, or county, or other substate
1645 area.
164 6 (6) The state board of directors of CareerSource Florida,
1647 Inc., and the department may contract with a qualified
1648 organization for evaluations conducted under this section.
1649 Section 20. Section 445.035, Florida Statutes, is amended
1650 to read:
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1651 445.035 Data collection and reporting.-The Department of
1652 Children and Families and the state board of directors of
1653 CareerSource Florida, Inc., shall collect data necessary to
1654 administer this chapter and make the reports required under
1655 federal law to the United States Department of Health and Human
1656 Services and the United States Department of Agriculture.
1657 Section 21. Subsections (1), (2), and (3), paragraph (b)
1658 of subsection (4), and subsection (5) of section 445.048,
1659 Florida Statutes, are amended to read:
1660 445.048 Passport to Economic Progress program.-
1661 (1) AUTHORIZATION.-Notwithstanding any law to the
1662 contrary, the state board CareerSource Florida, Inc., in
1663 conjunction with the department and the Department of Children
1664 and Families and the Department of Economic Opportunity, shall
1665 implement a Passport to Economic Progress program consistent
1666 with this section. The state board CareerSource Florida, Inc.,
1667 may designate local workforce development boards to participate
1668 in the program. Expenses for the program may come from
1669 appropriated revenues or from funds otherwise available to a
1670 local workforce development board which may be legally used for
1671 such purposes. The state board CareerSource Florida, Inc., must
1672 consult with the applicable local workforce development boards
1673 and the applicable local offices of the Department of Children
1674 and Families which serve the program areas and must encourage
1675 community input into the implementation process.
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1676 (2) WAIVERS.-If the state board CareerSource Florida,
1677 ±fl€--., in consultation with the Department of Children and
1678 Families, finds that federal waivers would facilitate
1679 implementation of the program, the department shall immediately
1680 request such waivers, and the state board CareerSource Florida,
1681 Inc., shall report to the Governor, the President of the Senate,
1682 and the Speaker of the House of Representatives if any refusal
1683 of the federal government to grant such waivers prevents the
1684 implementation of the program. If the state board CareerSource
1685 Florida, Inc., finds that federal waivers to provisions of the
1686 Food Assistance Program would facilitate implementation of the
1687 program, the Department of Children and Families shall
1688 immediately request such waivers in accordance withs. 414.175.
1689 (3) TRANSITIONAL BENEFITS AND SERVICES.-In order to assist
1690 them in making the transition to economic self-sufficiency,
1691 former recipients of temporary cash assistance participating in
1692 the passport program shall be eligible for the following
1693 benefits and services:
1694 (a) Notwithstanding the time period specified ins.
1695 445.030, transitional education and training support services as
1696 specified ins. 445.030 for up to 4 years after the family is no
1697 longer receiving temporary cash assistance;
1698 (b) Notwithstanding the time period specified ins.
1699 445.031, transitional transportation support services as
1700 specified ins. 445.031 for up to 4 years after the family is no
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1701 longer receiving temporary cash assistance; and
1702 (c) Notwithstanding the time period specified ins.
1703 445.032, transitional child care as specified ins. 445.032 for
1704 up to 4 years after the family is no longer receiving temporary
1705 cash assistance.
1706
1707 All other provisions of ss. 445.030, 445.031, and 445.032 apply
1708 to such individuals, as appropriate. This subsection does not
1709 constitute an entitlement to transitional benefits and services.
1710 If funds are insufficient to provide benefits and services under
1711 this subsection, the state board of directors of CareerSource
1712 Florida, Inc., or its agent, may limit such benefits and
1713 services or otherwise establish priorities for the provisions of
1714 such benefits and services.
1715 (4) INCENTIVES TO ECONOMIC SELF-SUFFICIENCY.-
1716 (b) The state board CareerSource Florida, Inc., in
1717 cooperation with the department and the Department of Children
1718 and Families and the Department of Economic Opportunity, shall
1719 offer performance-based incentive bonuses as a component of the
1720 Passport to Economic Progress program. The bonuses do not
1721 represent a program entitlement and are contingent on achieving
1722 specific benchmarks prescribed in the self-sufficiency plan. If
1723 the funds appropriated for this purpose are insufficient to
1724 provide this financial incentive, the state board of directors
1725 of CareerSource Florida, Inc., may reduce or suspend the bonuses
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1726 in order not to exceed the appropriation or may direct the local
1727 workforce development boards to use resources otherwise given to
1728 the local workforce development board to pay such bonuses if
1729 such payments comply with applicable state and federal laws.
1730 (5) EVALUATIONS AND RECOMMENDATIONS.-The state board
1731 CareerSource Florida, Inc., in conjunction with the department,
1732 the Department of Children and Families, the Department of
1733 Economic Opportunity, and the local workforce development
1734 boards, shall conduct a comprehensive evaluation of the
1735 effectiveness of the program operated under this section.
1736 Evaluations and recommendations for the program shall be
1737 submitted by the state board CareerSource Florida, Inc., as part
1738 of its annual report to the Legislature.
1739 Section 22. Subsections ( 6), ( 8) , and ( 13) of section
1740 445.051, Florida Statutes, are amended to read:
1741 445.051 Individual development accounts.-
1742 (6) The state board CareerSource Florida, Inc., shall
1743 establish procedures for local workforce development boards to
1744 include in their annual program and financial plan an
1745 application to offer an individual development account program
1746 as part of their TANF allocation. These procedures must include,
1747 but need not be limited to, administrative costs permitted for
1748 the fiduciary organization and policies relative to identifying
1749 the match ratio and limits on the deposits for which the match
1750 will be provided in the application process. The state board
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1751 CareerSource Florida, Inc., shall establish policies and
1752 procedures necessary to ensure that funds held in an individual
1753 development account are not withdrawn except for one or more of
1754 the qualified purposes described in this section.
1755 (8) The state board CareerSource Florida, Inc., shall
1756 establish procedures for controlling the withdrawal of funds for
1757 uses other than qualified purposes, including specifying
1758 conditions under which an account must be closed.
17 59 (13) Pursuant to policy direction by the state board
17 60 CareerSource Florida, Inc., the department of Economic
1761 Opportunity shall adopt such rules as are necessary to implement
1762 this act.
1763 Section 23. Subsection (2) of section 445.055, Florida
1764 Statutes, is amended to read:
1765 445.055 Employment advocacy and assistance program
1766 targeting military spouses and dependents.-
17 67 (2) The state board CareerSource Florida, Inc., shall
17 68 establish an employment advocacy and assistance program
1769 targeting military spouses and dependents. This program shall
1770 deliver employment assistance services through military family
1771 employment advocates colocated within selected one-stop career
1772 centers. Persons eligible for assistance through this program
1773 include spouses and dependents of active duty military
1774 personnel, Florida National Guard members, and military
1775 reservists.
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1776 Section 24. Paragraph (p) of subsection (3) of section
1777 11.45, Florida Statutes, is amended to read:
1778 11.45 Definitions; duties; authorities; reports; rules.-
1779 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.-The
1780 Auditor General may, pursuant to his or her own authority, or at
1781 the direction of the Legislative Auditing Committee, conduct
1782 audits or other engagements as determined appropriate by the
178 3 Audi tor General of:
1784 (p) CareerSource Florida, Inc., the state board as defined
1785 ins. 445.002, or the programs or entities created by the state
1786 board under CareerSource Florida, Inc., created pursuant to s.
1787 445.004.
1788 Section 25. Paragraph (a) of subsection (5) of section
1789 288.901, Florida Statutes, is amended to read:
1790 288.901 Enterprise Florida, Inc.-
1791 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.-
1792 (a) In addition to the Governor or his or her designee,
1793 the board of directors shall consist of the following appointed
1794 members:
17 95 1. The Commissioner of Education or his or her designee.
1796 2. The Chief Financial Officer or his or her designee.
1797 3. The Attorney General or his or her designee.
1798 4. The Commissioner of Agriculture or his or her designee.
1799 5. The chairperson of the state board as defined in s.
1800 445.002 board of directors of CareerSource Florida, Inc.
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1801 6. The Secretary of State or his or her designee.
1802 7. Twelve members from the private sector, six of whom
1803 shall be appointed by the Governor, three of whom shall be
1804 appointed by the President of the Senate, and three of whom
1805 shall be appointed by the Speaker of the House of
1806 Representatives. Members appointed by the Governor are subject
1807 to Senate confirmation.
1808
1809 All board members shall serve without compensation, but are
1810 entitled to receive reimbursement for per diem and travel
1811 expenses pursuant to s. 112.061. Such expenses must be paid out
1812 of funds of Enterprise Florida, Inc.
1813 Section 26. Subsection (5) of section 331.369, Florida
1814 Statutes, is amended to read:
1815 331.369 Space Industry Workforce Initiative.-
1816 (5) The state board as defined ins. 445.002 CareerSource
1817 Florida, Inc., as part of its statutorily prescribed annual
1818 report to the Legislature, shall provide recommendations for
1819 policies, programs, and funding to enhance the workforce needs
1820 of the aerospace industry.
1821 Section 27. Paragraph (k) of subsection (1) and subsection
1822 (9) of section 413.405, Florida Statutes, are amended to read:
1823 413.405 Florida Rehabilitation Council.-There is created
1824 the Florida Rehabilitation Council to assist the division in the
1825 planning and development of statewide rehabilitation programs
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1826 and services, to recommend improvements to such programs and
1827 services, and to perform the functions listed in this section.
1828 (1) The council shall be composed of:
1829 (k) At least one representative of the state board as
1830 defined ins. 445.002 board of directors of CareerSource
1831 Florida, Inc.
1832 (9) In addition to the other functions specified in this
1833 section, the council shall, after consulting with the state
1834 board as defined ins. 445.002 board of directors of
1835 CareerSource Florida, Inc.:
1836 (a) Review, analyze, and advise the division regarding the
1837 performance of the responsibilities of the division under Title
1838 I of the act, particularly responsibilities relating to:
1839 1. Eligibility, including order of selection.
1840 2. The extent, scope, and effectiveness of services
1841 provided.
1842 3. Functions performed by state agencies which affect or
1843 potentially affect the ability of individuals with disabilities
1844 to achieve employment outcomes under Title I.
1845 (b) In partnership with the division:
1846 1. Develop, agree to, and review state goals and
1847 priorities in accordance with 34 C.F.R. s. 361.29(c); and
1848 2. Evaluate the effectiveness of the vocational
1849 rehabilitation program and submit reports of progress to the
1850 Governor, the President of the Senate, the Speaker of the House
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1851 of Representatives, and the United States Secretary of Education
1852 in accordance with 34 C.F.R. s. 361.29(e).
1853 (c) Advise the department and the division and assist in
1854 the preparation of the state plan and amendments to the plan,
1855 applications, reports, needs assessments, and evaluations
1856 required by Title I.
1857 (d) To the extent feasible, conduct a review and analysis
1858 of the effectiveness of, and consumer satisfaction with:
1859 1. The functions performed by state agencies and other
1860 public and private entities responsible for performing functions
1861 for individuals who have disabilities.
18 62 2. Vocational rehabilitation services:
1863 a. Provided or paid for from funds made available under
1864 the act or through other public or private sources.
1865 b. Provided by state agencies and other public and private
1866 entities responsible for providing vocational rehabilitation
1867 services to individuals who have disabilities.
1868 3. The employment outcomes achieved by eligible
1869 individuals receiving services under this part, including the
1870 availability of health or other employment benefits in
1871 connection with those employment outcomes.
1872 (e) Prepare and submit an annual report on the status of
1873 vocational rehabilitation programs in the state to the Governor,
1874 the President of the Senate, the Speaker of the House of
1875 Representatives, and the United States Secretary of Education
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1876 and make the report available to the public.
1877 (f) Coordinate with other councils within Florida,
1878 including the Florida Independent Living Council, the advisory
1879 panel established under s. 612 (a) (21) of the Individuals with
1880 Disabilities Education Act, 20 U.S.C. s. 1412 (a) (21), the State
1881 Planning Council described ins. 124 of the Developmental
1882 Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.
1883 15024, the state mental health planning council established
1884 under s. 1914 of the Public Health Service Act, 42 U.S.C. s.
1885 300x-3, and the state board as defined ins. 445.002 board of
1886 directors of CareerSource Florida, Inc.
1887 (g) Advise the department and division and provide for
1888 coordination and the establishment of working relationships
1889 among the department, the division, the Florida Independent
1890 Living Council, and centers for independent living in the state.
1891 (h) Perform other functions that are consistent with the
1892 duties and responsibilities of the council under this section.
1893 Section 28. Section 414.045, Florida Statutes, is amended
1894 to read:
1895 414.045 Cash assistance program.-Cash assistance families
1896 include any families receiving cash assistance payments from the
1897 state program for temporary assistance for needy families as
1898 defined in federal law, whether such funds are from federal
1899 funds, state funds, or commingled federal and state funds. Cash
1900 assistance families may also include families receiving cash
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1901 assistance through a program defined as a separate state
1902 program.
1903 (1) For reporting purposes, families receiving cash
1904 assistance shall be grouped into the following categories. The
1905 department may develop additional groupings in order to comply
1906 with federal reporting requirements, to comply with the data-
1907 reporting needs of the state board as defined ins. 445.002
1908 board of directors of CareerSource Florida, Inc., or to better
1909 inform the public of program progress.
1910 (a) Work-eligible cases.-Work-eligible cases shall
1911 include:
1912 1. Families containing an adult or a teen head of
1913 household, as defined by federal law. These cases are generally
1914 subject to the work activity requirements provided ins. 445.024
1915 and the time limitations on benefits provided ins. 414.105.
1916 2. Families with a parent where the parent's needs have
1917 been removed from the case due to sanction or disqualification
1918 shall be considered work-eligible cases to the extent that such
1919 cases are considered in the calculation of federal participation
1920 rates or would be counted in such calculation in future months.
1921 3. Families participating in transition assistance
1922 programs.
1923 4. Families otherwise eligible for temporary cash
1924 assistance which receive diversion services, a severance
1925 payment, or participate in the relocation program.
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1926 (b) Child-only cases.-Child-only cases include cases that
1927 do not have an adult or teen head of household as defined in
1928 federal law. Such cases include:
1929 1. Children in the care of caretaker relatives, if the
1930 caretaker relatives choose to have their needs excluded in the
1931 calculation of the amount of cash assistance.
1932 2. Families in the Relative Caregiver Program as provided
1933 in s. 3 9. 5 0 8 5.
1934 3. Families in which the only parent in a single-parent
1935 family or both parents in a two-parent family receive
1936 supplemental security income (SSI) benefits under Title XVI of
1937 the Social Security Act, as amended. To the extent permitted by
1938 federal law, individuals receiving SSI shall be excluded as
1939 household members in determining the amount of cash assistance,
1940 and such cases shall not be considered families containing an
1941 adult. Parents or caretaker relatives who are excluded from the
1942 cash assistance group due to receipt of SSI may choose to
1943 participate in work activities. An individual whose ability to
1944 participate in work activities is limited who volunteers to
1945 participate in work activities shall be assigned to work
1946 activities consistent with such limitations. An individual who
1947 volunteers to participate in a work activity may receive child
1948 care or support services consistent with such participation.
1949 4. Families in which the only parent in a single-parent
1950 family or both parents in a two-parent family are not eligible
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1951 for cash assistance due to immigration status or other
1952 limitation of federal law. To the extent required by federal
1953 law, such cases shall not be considered families containing an
1954 adult.
1955 5. To the extent permitted by federal law and subject to
1956 appropriations, special needs children who have been adopted
1957 pursuant to s. 409.166 and whose adopting family qualifies as a
1958 needy family under the state program for temporary assistance
1959 for needy families. Notwithstanding any provision to the
1960 contrary ins. 414.075, s. 414.085, ors. 414.095, a family
1961 shall be considered a needy family if:
1962 a. The family is determined by the department to have an
1963 income below 200 percent of the federal poverty level;
1964 b. The family meets the requirements of s. 414.095(2) and
1965 (3) related to residence, citizenship, or eligible noncitizen
1966 status; and
1967 c. The family provides any information that may be
1968 necessary to meet federal reporting requirements specified under
1969 Part A of Title IV of the Social Security Act.
1970 6. Families in the Guardianship Assistance Program as
1971 provided ins. 39.6225.
1972
1973 Families described in subparagraph 1., subparagraph 2., or
1974 subparagraph 3. may receive child care assistance or other
1975 supports or services so that the children may continue to be
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197 6 cared for in their own homes or in the homes of relatives. Such
1977 assistance or services may be funded from the temporary
1978 assistance for needy families block grant to the extent
1979 permitted under federal law and to the extent funds have been
1980 provided in the General Appropriations Act.
1981 (2) Oversight by the state board as defined ins. 445.002
1982 board of directors of CareerSource Florida, Inc., and the
1983 service delivery and financial planning responsibilities of the
1984 local workforce development boards apply to the families defined
1985 as work-eligible cases in paragraph (1) (a). The department shall
1986 be responsible for program administration related to families in
1987 groups defined in paragraph ( 1) (b) , and the department shall
1988 coordinate such administration with the state board of directors
1989 of CareerSource Florida, Inc., to the extent needed for
1990 operation of the program.
1991 Section 29. Subsection (2) of section 420.622, Florida
1992 Statutes, is amended to read:
1993 420.622 State Office on Homelessness; Council on
1994 Homelessness.-
1995 (2) The Council on Homelessness is created to consist of
1996 17 representatives of public and private agencies who shall
1997 develop policy and advise the State Office on Homelessness. The
1998 council members shall be: the Secretary of Children and
1999 Families, or his or her designee; the executive director of the
2000 Department of Economic Opportunity, or his or her designee, who
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2001 shall advise the council on issues related to rural development;
2002 the State Surgeon General, or his or her designee; the Executive
2003 Director of Veterans' Affairs, or his or her designee; the
2004 Secretary of Corrections, or his or her designee; the Secretary
2005 of Health Care Administration, or his or her designee; the
2006 Commissioner of Education, or his or her designee; the Executive
2007 Director of CareerSource Florida, Inc., or his or her designee;
2008 one representative of the Florida Association of Counties; one
2009 representative of the Florida League of Cities; one
2010 representative of the Florida Supportive Housing Coalition; the
2011 Executive Director of the Florida Housing Finance Corporation,
2012 or his or her designee; one representative of the Florida
2013 Coalition for the Homeless; and four members appointed by the
2014 Governor. The council members shall be nonpaid volunteers and
2015 shall be reimbursed only for travel expenses. The appointed
2016 members of the council shall be appointed to staggered 2-year
2017 terms, and the council shall meet at least four times per year.
2018 The importance of minority, gender, and geographic
2019 representation shall be considered in appointing members to the
2020 council.
2021 Section 30. Subsections (1) and (4) of section 443.171,
2022 Florida Statutes, are amended to read:
2023 443.171 Department of Economic Opportunity and commission;
2024 powers and duties; records and reports; proceedings; state-
2025 federal cooperation.-
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2026 (1) POWERS AND DUTIES.-The Department of Economic
2027 Opportunity shall administer this chapter. The department may
2028 employ persons, make expenditures, require reports, conduct
2029 investigations, and take other action necessary or suitable to
2030 administer this chapter. The department shall annually submit
2031 information to the state board as defined ins. 445.002
2032 CareerSource Florida, Inc., covering the administration and
2033 operation of this chapter during the preceding calendar year for
2034 inclusion in the strategic plan under s. 445.006 and may make
2035 recommendations for amendment to this chapter.
2036 (4) EMPLOYMENT STABILIZATION.-The Department of Economic
2037 Opportunity, under the direction of the state board as defined
2038 ins. 445.002 CareerSourcc Florida, Inc., shall take all
2039 appropriate steps to reduce and prevent unemployment; to
2040 encourage and assist in the adoption of practical methods of
2041 career training, retraining, and career guidance; to
2042 investigate, recommend, advise, and assist municipalities,
2043 counties, school districts, and the state in the establishment
2044 and operation of reserves for public works to be used in times
2045 of business depression and unemployment; to promote the
2046 reemployment of unemployed workers throughout the state in every
2047 other way that may be feasible; to refer a claimant entitled to
2048 extended benefits to suitable work that meets the criteria of
2049 this chapter; and, to these ends, to carry on and publish the
2050 results of investigations and research studies.
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2051 Section 31. Subsection (1) of section 443.181, Florida
2052 Statutes, is amended to read:
2053 443.181 Public employment service.-
2054 (1) The one-stop delivery system established under s.
2055 445.009 is this state's public employment service as part of the
2056 national system of public employment offices established under
2057 29 U.S.C. s. 49. The Department of Economic Opportunity, under
2058 policy direction from the state board as defined ins. 445.002
2059 CareerSource Florida, Inc., shall cooperate with any official or
2060 agency of the United States having power or duties under 29
2061 U.S.C. ss. 49-491-1 and shall perform those duties necessary to
2062 secure to this state the funds provided under federal law for
2063 the promotion and maintenance of the state's public employment
2064 service. In accordance with 29 U.S.C. s. 49c, this state accepts
2065 29 U.S.C. ss. 49-491-1. The department is designated the state
2066 agency responsible for cooperating with the United States
2067 Secretary of Labor under 29 U.S.C. s. 49c. The department shall
2068 appoint sufficient employees to administer this section. The
2069 department may cooperate with or enter into agreements with the
2070 Railroad Retirement Board for the establishment, maintenance,
2071 and use of one-stop career centers.
2072 Section 32. Subsection (1) of section 446.71, Florida
2073 Statutes, is amended to read:
2074 446.71 Everglades Restoration Agricultural Community
2075 Employment Training Program.-
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2076 (1) The Department of Economic Opportunity, in cooperation
2077 with the state board as defined ins. 445.002 CareerSource
2078 Florida, Inc., shall establish the Everglades Restoration
2079 Agricultural Community Employment Training Program within the
2080 Department of Economic Opportunity. The Department of Economic
2081 Opportunity shall use funds appropriated to the program by the
2082 Legislature to provide grants to stimulate and support training
2083 and employment programs that seek to match persons who complete
2084 such training programs to nonagricultural employment
2085 opportunities in areas of high agricultural unemployment, and to
2086 provide other training, educational, and information services
2087 necessary to stimulate the creation of jobs in the areas of high
2088 agricultural unemployment. In determining whether to provide
2089 funds to a particular program, the Department of Economic
2090 Opportunity shall consider the location of the program in
2091 proximity to the program's intended participants.
2092 Section 33. Subsection (9) of section 1011.80, Florida
2093 Statutes, is amended to read:
2094 1011.80 Funds for operation of workforce education
2095 programs.-
2096 (9) The State Board of Education and the state board as
2097 defined ins. 445.002 CareerSource Florida, Inc., shall provide
2098 the Legislature with recommended formulas, criteria, timeframes,
2099 and mechanisms for distributing performance funds. The
2100 commissioner shall consolidate the recommendations and develop a
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2101 consensus proposal for funding. The Legislature shall adopt a
2102 formula and distribute the performance funds to the State Board
2103 of Education for Florida College System institutions and school
2104 districts through the General Appropriations Act. These
2105 recommendations shall be based on formulas that would discourage
2106 low-performing or low-demand programs and encourage through
2107 performance-funding awards:
2108 (a) Programs that prepare people to enter high-wage
2109 occupations identified by the Workforce Estimating Conference
2110 created bys. 216.136 and other programs as approved by the
2111 state board as defined ins. 445.002 CareerSource Florida, Inc.
2112 At a minimum, performance incentives shall be calculated for
2113 adults who reach completion points or complete programs that
2114 lead to specified high-wage employment and to their placement in
2115 that employment.
2116 (b) Programs that successfully prepare adults who are
2117 eligible for public assistance, economically disadvantaged,
2118 disabled, not proficient in English, or dislocated workers for
2119 high-wage occupations. At a minimum, performance incentives
2120 shall be calculated at an enhanced value for the completion of
2121 adults identified in this paragraph and job placement of such
2122 adults upon completion. In addition, adjustments may be made in
2123 payments for job placements for areas of high unemployment.
2124 (c) Programs that are specifically designed to be
2125 consistent with the workforce needs of private enterprise and
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2126 regional economic development strategies, as defined in
2127 guidelines set by the state board as defined ins. 445.002
2128 CareerSource Florida, Inc. The state board CareerSource Florida,
2129 Inc., shall develop guidelines to identify such needs and
2130 strategies based on localized research of private employers and
2131 economic development practitioners.
2132 (d) Programs identified by the state board as defined in
2133 s. 445.002 CareerSource Florida, Inc., as increasing the
2134 effectiveness and cost efficiency of education.
2135 Section 34. Subsection (3) of section 1011.801, Florida
2136 Statutes, is amended to read:
2137 1011.801 Workforce Development Capitalization Incentive
2138 Grant Program.-The Legislature recognizes that the need for
2139 school districts and Florida College System institutions to be
2140 able to respond to emerging local or statewide economic
2141 development needs is critical to the workforce development
2142 system. The Workforce Development Capitalization Incentive Grant
2143 Program is created to provide grants to school districts and
2144 Florida College System institutions on a competitive basis to
2145 fund some or all of the costs associated with the creation or
2146 expansion of workforce development programs that serve specific
2147 employment workforce needs.
2148 (3) The State Board of Education shall give highest
2149 priority to programs that train people to enter high-skill,
2150 high-wage occupations identified by the Workforce Estimating
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2151 Conference and other programs approved by the state board as
2152 defined ins. 445.002, CareerSource Florida, Inc.; programs that
2153 train people to enter occupations under the welfare transition
2154 program~T or programs that train for the workforce adults who
2155 are eligible for public assistance, economically disadvantaged,
2156 disabled, not proficient in English, or dislocated workers. The
2157 State Board of Education shall consider the statewide geographic
2158 dispersion of grant funds in ranking the applications and shall
2159 give priority to applications from education agencies that are
2160 making maximum use of their workforce development funding by
2161 offering high-performing, high-demand programs.
2162 Section 35. Paragraph (c) of subsection (5), subsection
2163 (6), paragraph (b) of subsection (10), and subsection (11) of
2164 section 20.60, Florida Statutes, are amended, and paragraph (c)
2165 is added to subsection (9) of that section, to read:
2166 20.60 Department of Economic Opportunity; creation; powers
2167 and duties.-
2168 (5) The divisions within the department have specific
2169 responsibilities to achieve the duties, responsibilities, and
2170 goals of the department. Specifically:
2171 (c) The Division of Workforce Services shall:
2172 1. Prepare and submit a unified budget request for
2173 workforce development in accordance with chapter 216 for, and in
2174 conjunction with, the state CareerSource Florida, Inc., and its
2175 board as defined ins. 445.002.
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2176 2. Ensure that the state appropriately administers federal
2177 and state workforce funding by administering plans and policies
2178 of the state board as defined ins. 445.002 CareerSource
2179 Florida, Inc., under contract with CareerSource Florida, Inc.
2180 The operating budget and midyear amendments thereto must be part
2181 of such contract.
2182 a. All program and fiscal instructions to local workforce
2183 development boards shall emanate from the Department of Economic
2184 Opportunity pursuant to plans and policies of the state board as
2185 defined ins. 445.002 CareerSource Florida, Inc., which shall be
2186 responsible for all policy directions to the local workforce
2187 development boards.
2188 b. Unless otherwise provided by agreement with the state
2189 board as defined ins. 445.002 CareerSource Florida, Inc.,
2190 administrative and personnel policies of the Department of
2191 Economic Opportunity apply.
2192 3. Implement the state's reemployment assistance program.
2193 The Department of Economic Opportunity shall ensure that the
2194 state appropriately administers the reemployment assistance
2195 program pursuant to state and federal law.
2196 4. Assist in developing the 5-year statewide strategic
2197 plan required by this section.
2198 (6) (a) The Department of Economic Opportunity is the
2199 administrative agency designated for receipt of federal
2200 workforce development grants and other federal funds. The
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2201 department shall administer the duties and responsibilities
2202 assigned by the Governor under each federal grant assigned to
2203 the department. The department shall expend each revenue source
2204 as provided by federal and state law and as provided in plans
2205 developed by and agreements with the state board as defined in
2206 s. 445.002 CareerSource Florida, Inc. The department may serve
2207 as the contract administrator for contracts entered into by the
2208 state board under CareerSource Florida, Inc., pursuant to s.
2209 445.004(5), as directed by CareerSource Florida, Inc.
2210 (b) The Department of Economic Opportunity shall serve as
2211 the designated agency for purposes of each federal workforce
2212 development grant assigned to it for administration. The
2213 department shall carry out the duties assigned to it by the
2214 Governor, under the terms and conditions of each grant. The
2215 department shall have the level of authority and autonomy
2216 necessary to be the designated recipient of each federal grant
2217 assigned to it and shall disburse such grants pursuant to the
2218 plans and policies of the state board as defined ins. 445.002
2219 CareerSource Florida, Inc. The executive director may, upon
2220 delegation from the Governor and pursuant to agreement with the
2221 state board CareerSource Florida, Inc., sign contracts, grants,
2222 and other instruments as necessary to execute functions assigned
2223 to the department. Notwithstanding other provisions of law, the
2224 department shall administer other programs funded by federal or
2225 state appropriations, as determined by the Legislature in the
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2226 General Appropriations Act or other law.
2227 (9) The executive director shall:
2228 (c) Serve as the chair of the board of directors of the
2229 Florida Development Finance Corporation.
2230 (10) The department, with assistance from Enterprise
2231 Florida, Inc., shall, by November 1 of each year, submit an
2232 annual report to the Governor, the President of the Senate, and
2233 the Speaker of the House of Representatives on the condition of
2234 the business climate and economic development in the state.
2235 (b) The report must incorporate annual reports of other
2236 programs, including:
2237 1. Information provided by the Department of Revenue under
2238 s. 290.014.
2239 2. Information provided by enterprise zone development
2240 agencies under s. 290.0056 and an analysis of the activities and
2241 accomplishments of each enterprise zone.
2242 3. The Economic Gardening Business Loan Pilot Program
2243 established under s. 288.1081 and the Economic Gardening
2244 Technical Assistance Pilot Program established under s.
2245 288.1082.
2246 4. A detailed report of the performance of the Black
2247 Business Loan Program and a cumulative summary of quarterly
2248 report data required under s. 288.714.
2249 5. The Rural Economic Development Initiative established
2250 under s. 288.0656.
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2251 6. The Florida Unique Abilities Partner Program.
2252 7. A detailed report of the performance of the Florida
2253 Development Finance Corporation and a summary of the
2254 corporation's report that is required under s. 288.9610.
2255 (11) The department shall establish annual performance
2256 standards for Enterprise Florida, Inc., CareerSource Florida,
2257 Inc., the Florida Tourism Industry Marketing Corporation, the
2258 Florida Development Finance Corporation, and Space Florida and
2259 report annually on how these performance measures are being met
2260 in the annual report required under subsection (10).
2261 Section 36. Subsection (2), paragraphs (a) and (c) of
2262 subsection (3), and subsection (4) of section 288.9604, Florida
2263 Statutes, are amended, and subsection (5) is added to that
2264 section, to read:
2265 288.9604 Creation of the authority.-
2266 (2) (a) The board of directors of the corporation shall
2267 consist of seven members. The executive director of the
2268 department, or his or her designee, shall serve as chair of the
2269 board of directors. The director of the Division of Bond Finance
2270 of the State Board of Administration, or his or her designee,
2271 shall serve as a director on the board. The Governor, subject to
2272 confirmation by the Senate, shall appoint the remaining five
2273 members of the board of directors of the corporation, who shall
2274 be five in number. At least three of the appointed directors of
2275 the corporation must be bankers or persons with experience in
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2276 finance, and one of the appointed directors must be an economic
2277 development specialist.
2278 (b) The terms of office for the appointed directors are
2279 for shall be for 4 years after -f-re.ffi the date of their
2280 appointment. A vacancy occurring during a term of an appointed
2281 director shall be filled for the unexpired term. An appointed A
2282 director is shall be eligible for reappointment. Each appointed
2283 director shall hold office until his or her successor has been
2284 appointed At least three of the directors of the corporation
2285 shall be banlcers who have been selected by the Governor from a
2286 list of bankers who were nominated by Enterprise Florida, Inc.,
2287 and one of the directors shall be an economic development
2288 specialist.
2289 (3) (a)l. A director may not receive compensation for his
2290 or her services, but is entitled to necessary expenses,
2291 including travel expenses, incurred in the discharge of his or
2292 her duties. Each director shall hold office until his or her
2293 successor has been appointed.
2294 2. Directors are subject toss. 112.313(1)-(8), (10),
2295 (12), and (15); 112.3135; and 112.3143(2). For purposes of
2296 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
2297 112.3143(2) to activities of directors, directors are shall be
2298 considered public officers and the corporation is shall be
2299 considered their agency.
2300 (c) The directors of the corporation shall annually elect
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2301 one of their members as chair and one as vice chair. The
2302 corporation may employ a president, technical experts, and such
2303 other agents and employees, permanent and temporary, as it
2304 requires and determine their qualifications, duties, and
2305 compensation. For such legal services as it requires, the
2306 corporation may employ or retain its own counsel and legal
2307 staff.
2308 (4) The board may remove an appointed a director for
2309 inefficiency, neglect of duty, or misconduct in office. An
2310 appointed director may be removed only after a hearing and only
2311 if he or she has been given a copy of the charges at least 10
2312 days before such hearing and has had an opportunity to be heard
2313 in person or by counsel. The removal of an appointed a director
2314 creates shall create a vacancy on the board which must shall be
2315 filled pursuant to subsection (2).
2316 (5) This section is repealed October 1, 2022, and October
2317 1 of every fourth year thereafter, unless reviewed and saved
2318 from repeal by the Legislature.
2319 Section 37. In order to implement the changes made by this
2320 act to s. 288.9604, Florida Statutes, the chair and vice chair
2321 of the board of directors of the Florida Development Finance
2322 Corporation on June 30, 2020, shall serve as appointed directors
2323 beginning on July 1, 2020. This act docs not affect the terms of
2324 the current directors serving on the board on July 1, 2020.
2325 Section 38. Section 288.9610, Florida Statutes, is amended
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2326 to read:
2327 288.9610 Annual reports of Florida Development Finance
2328 Corporation.-On or before 90 days after the close of the Florida
2329 Development Finance Corporation's fiscal year, the corporation
2330 shall submit to the Governor, the Legislature, the Auditor
2331 General, the Department of Economic Opportunity, and the
2332 governing body of each public entity with which it has entered
2333 into an interlocal agreement a complete and detailed report
2334 setting forth:
2335 (1) The results of any audit conducted under pursuant to
2336 s. 11.45.
2337 (2) The activities, operations, and accomplishments of the
2338 Florida Development Finance Corporation, including the number of
2339 businesses assisted by the corporation.
2340 (3) Its assets, liabilities, income, and operating
2341 expenses at the end of its most recent fiscal year, including a
2342 description of all of its outstanding revenue bonds.
2343 Section 39. A contract or interlocal agreement that exists
2344 before July 1, 2020, between the Florida Development Finance
2345 Corporation, or an entity or agent of the corporation, and any
2346 other entity or person shall remain in effect and be binding on
2347 the successor department, entity, or person responsible for the
2348 program, activity, or function that relates to the contract or
2349 interlocal agreement.
2350 Section 40. This act shall take effect July 1, 2020.
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COMMERCE COMMITTEE
PCS for CS/HB 1139 by Rep. Clemons
Economic Development
AMENDMENT SUMMARY
February 20, 2020
Amendment 1 by Rep. Fischer (Lines 2228 - 2349):
• Provides that the executive director of DEO serves as a member of the board of directors of
the Florida Development Finance Corporation (FDFC) instead of its chair, and states that
the executive director may designate a DEO employee to serve in this capacity.
• Removes unnecessary language regarding the continuation of contracts between FDFC and
others.
• Substitutes "directors" for the term "members" to provide for consistent use of terminology,
• Adds provisions specifying quorum and other requirements for the board of directors of
FDFC to conduct its business.
• Changes the date of repeal of the FDFC's authorizing statute from October 1, 2022, to July
1, 2023, and scheduled repeal date every fourth year thereafter from October 1 to July 1.
• Specifies that FDFC may execute contracts and instruments electronically in accordance
with the Electronic Signature Act of 1996.
• Amends FDFC's authority regarding the issuance of revenue bonds and imposes new
requirements on such issuances.
• Increases the maximum maturity date for revenue bonds issued by FDFC from 30 to 35
years.
• Adds provisions specifying bonds issued by FDFC are not a debt, liability, or obligation of
the state or any subdivision, or a pledge of faith and credit of FDFC, the state or any
subdivision, and requires bonds to contain a statement to that effect.
• Adds a conflicts of interest provision requiring FDFC directors with a direct or indirect
interest with affected parties to publicly disclose such interests and prohibits a director with
such a conflict from participating in any action by FDFC regarding the affected party.
• Removes a provision of the bill that specifies a contract or interlocal agreement in effect
prior to July 1, 2020 between FDFC and another party shall remain in effect and be binding
on the successor entity to FDFC.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Fischer offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 2228-2349 and insert:
6 (c) Serve as a member of the board of directors of the
7 Florida Development Finance Corporation. The executive director
8 may designate an employee of the department to serve in this
9 capacity.
10 (10) The department, with assistance from Enterprise
11 Florida, Inc., shall, by November 1 of each year, submit an
12 annual report to the Governor, the President of the Senate, and
13 the Speaker of the House of Representatives on the condition of
14 the business climate and economic development in the state.
15 (b) The report must incorporate annual reports of other
16 programs, including:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
17 1. Information provided by the Department of Revenue under
18 s. 290.014.
19 2. Information provided by enterprise zone development
20 agencies under s. 290.0056 and an analysis of the activities and
21 accomplishments of each enterprise zone.
22 3. The Economic Gardening Business Loan Pilot Program
23 established under s. 288.1081 and the Economic Gardening
24 Technical Assistance Pilot Program established under s.
25 288.1082.
26 4. A detailed report of the performance of the Black
27 Business Loan Program and a cumulative summary of quarterly
28 report data required under s. 288.714.
29 5. The Rural Economic Development Initiative established
30 under s. 288.0656.
31 6. The Florida Unique Abilities Partner Program.
32 7. A detailed report of the performance of the Florida
33 Development Finance Corporation and a summary of the
34 corporation's report required under s. 288.9610.
35 (11) The department shall establish annual performance
36 standards for Enterprise Florida, Inc., CareerSource Florida,
37 Inc., the Florida Tourism Industry Marketing Corporation, frft€l-
38 Space Florida, and the Florida Development Finance Corporation
39 and report annually on how these performance measures are being
40 met in the annual report required under subsection (10).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
41 Section 36. Subsection (2), paragraphs (a), (b), and (c)
42 of subsection (3), and subsection (4) of section 288.9604,
43 Florida Statutes, are amended, and subsection (5) is added to
44 that section, to read:
45 288.9604 Creation of the authority.-
46 (2) The board of directors of the corporation shall
47 consist of seven directors. The executive director of the
48 department, or his or her designee, shall serve as chair of the
49 board of directors of the corporation. The director of the
50 Division of Bond Finance of the State Board of Administration,
51 or his or her designee, shall serve as a director of the board
52 of directors of the corporation. The Governor, subject to
53 confirmation by the Senate, shall appoint the remaining five
54 directors of the board of directors of the corporation, who
55 shall be five in number. The terms of office for the appointed
56 directors shall be for 4 years from the date of their
57 appointment. A vacancy occurring during a term of an appointed
58 director shall be filled for the unexpired term. A director
59 shall be eligible for reappointment. At least three of the
60 appointed directors of the corporation shall have experience in
61 finance be banlcers who have been selected by the Governor from a
62 list of banlcers who were nominated by Enterprise Florida, Inc.,
63 and one of the directors shall have experience in be an economic
64 development specialist.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
65 (3) (a)l. A director may not receive compensation for his
66 or her services, but is entitled to necessary expenses,
67 including travel expenses, incurred in the discharge of his or
68 her duties. Each appointed director shall hold office until his
69 or her successor has been appointed.
70 2. Directors are subject toss. 112.313(1)-(8), (10),
71 (12), and (15); 112.3135; and 112.3143(2). For purposes of
72 applying ss. 112.313(1)-(8), (10), (12), and (15); 112.3135; and
73 112.3143(2) to activities of directors, directors shall be
74 considered public officers and the corporation shall be
75 considered their agency.
76 (b) The powers of the corporation shall be exercised by
77 the directors thereof. A majority of the directors constitutes a
78 quorum for the purposes of conducting business and exercising
79 the powers of the corporation and for all other purposes.
80 Meetings of the directors may be conducted by teleconference.
81 Action may be taken by the corporation upon a vote of a majority
82 of the directors present, unless in any case the bylaws require
83 a larger number. Any person may be appointed as director if he
84 or she resides, or is engaged in business, which means owning a
85 business, practicing a profession, or performing a service for
86 compensation or serving as an officer or director of a
87 corporation or other business entity so engaged, within the
88 state.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
89 (c) The directors of the corporation shall annually electL
90 by a majority vote, one of their members as chair and one as
91 vice chair. The corporation may employ a president, technical
92 experts, and such other agents and employees, permanent and
93 temporary, as it requires and determine their qualifications,
94 duties, and compensation. For such legal services as it
95 requires, the corporation may employ or retain its own counsel
96 and legal staff.
97 (4) The board may remove an appointed a director for
98 inefficiency, neglect of duty, or misconduct in office. Such
99 director may be removed only after a hearing and only if he or
100 she has been given a copy of the charges at least 10 days before
101 such hearing and has had an opportunity to be heard in person or
102 by counsel. The removal of a director shall create a vacancy on
103 the board which shall be filled pursuant to subsection (2).
104 (5) This section is repealed July 1, 2023, and July 1 of
105 every fourth year thereafter, unless reviewed and saved from
106 repeal by the Legislature.
107 Section 37. In order to implement the changes made by this
108 act to s. 288.9604, Florida Statutes, the chair and vice chair
109 of the board of directors of the Florida Development Finance
110 Corporation as of June 30, 2020, shall serve as regular members
111 beginning July 1, 2020. Nothing in this act may be construed to
112 affect the terms of the directors serving on the board on July
113 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
114 Section 38. Subsection (3) is added to section 288.9605,
115 Florida Statutes, to read:
116 288.9605 Corporation powers.-
117 (3) Documents, agreements, and instruments executed by the
118 corporation may be executed and delivered in accordance with the
119 Electronic Signature Act of 1996.
120 Section 39. Subsections (1) and (2) of section 288.9606,
121 Florida Statutes, are amended to read:
122 288.9606 Issue of revenue bonds.-
123 (1) When authorized by a public agency pursuant to s.
124 163.01(7), the corporation has power in its corporate capacity,
125 in its discretion, to issue revenue bonds or other evidences of
126 indebtedness which a public agency has the power to issue, from
127 time to time to finance the undertaking of any purpose of this
128 act, including, without limiting the generality thereof, the
129 payment of principal and interest upon any advances for surveys
130 and plans or preliminary loans, and has the power to issue
131 refunding bonds for the payment or retirement of bonds
132 previously issued. Bonds issued pursuant to this section shall
133 bear the name "Florida Development Finance Corporation Revenue
134 Bonds." The security for such bonds may be based upon such
135 revenues as are legally available. In anticipation of the sale
136 of such revenue bonds, the corporation may issue bond
137 anticipation notes and may renew such notes from time to time,
138 but the maximum maturity of any such note, including renewals
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
139 thereof, may not exceed 5 years from the date of issuance of the
140 original note. Such notes shall be paid from any revenues of the
141 corporation available therefor and not otherwise pledged or from
142 the proceeds of sale of the revenue bonds in anticipation of
143 which they were issued. Any bond, note, or other form of
144 indebtedness issued pursuant to this act may not exceed 35 years
145 from their respective dates of issuance shall mature no later
14 6 than the end of the 30th fiscal year after the fiscal year in
147 which the bond, note, or other form of indebtedness was issued.
148 (2) Bonds issued under this section do not constitute an
149 indebtedness within the meaning of any constitutional or
150 statutory debt limitation or restriction, and are not subject to
151 the provisions of any other law or charter relating to the
152 authorization, issuance, or sale of bonds. Bonds issued under
153 the provisions of this act are declared to be for an essential
154 public and governmental purpose. Bonds issued under this act,
155 the interest on which is eJwmpt from income taxes of the United
156 States, together with interest thereon and income therefrom, are
157 exempted from all taxes, except those taxes imposed by chapter
158 220, on interest, income, or profits on debt obligations owned
159 by corporations, pursuant to s. 159.31. Bonds issued under this
160 part are not a debt, liability, or obligation of the state or
161 any subdivision thereof, or a pledge of faith and credit of the
162 corporation or of the state or of any such political subdivision
163 thereof, but are payable solely from the revenues provided
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
164 therefor. Each bond issued under this part shall contain on the
165 face thereof a statement to the effect that the corporation is
166 not obligated to pay the same or interest thereon from the
167 revenues and proceeds pledged therefor, and that the faith and
168 credit or the taxing power of the corporation or of the state or
169 of any political subdivision thereof is not pledged to the
170 payment of the principal of or the interest on such bonds.
171 Section 40. Section 288.9610, Florida Statutes, is amended
172 to read:
173 288.9610 Annual reports of Florida Development Finance
174 Corporation.-On or before 90 days after the close of the Florida
175 Development Finance Corporation's fiscal year, the corporation
176 shall submit to the Governor, the Legislature, the Auditor
177 General, the Department of Economic Opportunity, and the
178 governing body of each public entity for which the corporation
179 issues revenue bonds pursuant to s. 288.9606 or with which it
180 has entered into an interlocal agreement a complete and detailed
181 report setting forth:
182 (1) The results of any audit conducted pursuant to s.
183 11.45.
184 (2) The activities, operations, and accomplishments of the
185 Florida Development Finance Corporation, including the number of
186 businesses assisted by the corporation.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
187 (3) Its assets, liabilities, income, and operating
188 expenses at the end of its most recent fiscal year, including a
189 description of all of its outstanding revenue bonds.
190 Section 41. Section 288.9619, Florida Statutes, is created
191 to read:
192 288.9619 Conflicts of interest.-If any director has a
193 direct or indirect interest associated with any party to an
194 application on which the corporation has taken or will take
195 action in exercising its power for the issuance of revenue bonds
196 or other evidences of indebtedness, such interest must be
197 publicly disclosed to the corporation and set forth in the
198 minutes of the corporation. The director that has such interest
199 may not participate in any action by the corporation with
200 respect to such party and application.
201
202
203 T I T L E A ME N D ME N T
204 Remove lines 140-157 and insert:
205 executive director of the department to serve as a member of the
206 board of directors of the Florida Development Finance
207 Corporation; requiring the department to include specified
208 information in its annual report and develop annual performance
209 standards for the corporation; conforming provisions to changes
210 made by the act; amending s. 288.9604, F.S.; revising the
211 membership of the board of directors of the corporation;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 1139 (2020)
Amendment No. 1
212 conforming provisions to changes made by the act; providing for
213 future repeals; requiring the current chair and vice chair of
214 the board of directors of the corporation to serve as appointed
215 directors after a specified date; providing construction;
216 amending s. 288.9605, F.S.; requiring that documents,
217 agreements, and instruments executed by the corporation be
218 executed and delivered in accordance with the Electronic
219 Signature Act of 1996; amending s. 288.9606, F.S.; providing
220 that a certain forms of indebtedness issued by the corporation
221 may not exceed 35 years from the date of issuance; specifying
222 that certain bonds issued by the corporation are not a debt,
223 liability, or obligation of the state or any subdivision
224 thereof; amending s. 288.9610, F.S.; requiring the corporation
225 to submit an annual report containing specified information to
226 the department; creating s. 288.9619, F.S.; relating to
227 conflicts of interest; providing an
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